The Constitution will not help working pensioners (Business Department - Газета.Ru -January 27, 2020)
The group on changing the Constitution explained the issue of indexation to working pensioners. According to Talia khabrieva, co-chair of the working group on drafting amendments, the adoption of presidential amendments to the Constitution of the Russian Federation does not guarantee the indexation of pensions for working pensioners.
Changes are only possible if the Federal law of 2016 is amended. In that year, we recall that it was decided that insurance pensions are indexed only to pensioners who do not work after reaching retirement age.
Without withdrawal
The very rule of pension indexation is formulated without exceptions. "It is only possible to specify the order in the Federal law. So the answer is indexed, " khabrieva previously explained to RBC's Grigory Berezkin.
This explanation was regarded as the resumption of the annual indexation of pensions for working pensioners.
The fact that the amendments to the Constitution result in the indexation of pensions for working pensioners was also mentioned by state Duma Deputy Oleg Shein.
According to him, the increase in payments for working pensioners will be made automatically. You don't even need to write a statement to do this.
The amendments, the Deputy specified, can be adopted at the end of March.
But as it turns out, the procedure for indexing pensions will be regulated not by the Constitution, but by Federal law. This is due to the fact that the Constitution (part 2 of article 39) establishes the rule that state pensions and social benefits are established by law. "Thus, the specification of the rights of working pensioners to indexation will be determined in the industry legislation," khabrieva gave a new explanation.
Recall that President Vladimir Putin in his message to the Federal Assembly proposed to fix the regular indexation of pensions in the Constitution.
The presidential proposal referred to regular indexation and the formation of a pension system for Russian citizens "based on the principles of generality, justice and solidarity of generations."
In the state Duma, when considering the presidential amendments in the first reading, another co-chair of the working group, Andrey Klishas, explained this problem as follows: "there are no exceptions In the presidential amendments." But after the adoption of amendments to the Constitution, the procedure for indexing pensions to working pensioners can be "determined by a special law".
Superfluous people
The wording for indexing pensions is written in such a way that nothing changes for working pensioners, said a RBC source familiar with the development of amendments to the Constitution of the Russian Federation. Only indexing itself and its regularity are guaranteed, and the procedure for indexing and the conditions for obtaining it, including depending on the work, are determined by Federal law. "The Constitution does not regulate these issues," the source added.
Indexation of working pensioners is not yet discussed, said another source close to the Ministry of Finance.
Indexation of working pensioners is not yet discussed, said another source close to the Ministry of Finance.
Experts do not exclude that no amendments will be made to the current Federal law regarding payments to working pensioners. "If it is fixed that the indexation of pensions is guaranteed by the Constitution, then indexation should be guaranteed to absolutely everyone," says Elvira Tuchkova, a Professor at the Kutafin Moscow state law University.
If the Constitution establishes the right to mandatory regular indexation of pensions, then the government will not be able to act on the basis of the financial capacity or inability to allocate funds from the budget.
The necessary explanations on this issue could be given by the constitutional court, experts say.
In October 2019, Anton Drozdov, who was dismissed from the post of the FIU, said that there is no money for indexing. And its renewal would require 368 billion rubles, Drozdov assured.
According to Vyacheslav Abramov, Director of the sales office of BCS Broker, last year a pension reform was carried out, which most Russians were dissatisfied with. Previously, the retirement age was 55 years for women and 60 years for men, but since 2019 it has been gradually increasing by six months every year.
"Indexation of pensions for working pensioners is a fair measure. There should be no distinction between those who are employed and those who are not. Depriving working elderly people of indexing on the principle of "they already have something to live on" is completely unacceptable, " says Ivan kapustyansky, a leading analyst at Forex Optimum.
There are 9.6 million working pensioners out of 43 million registered.
The group on changing the Constitution explained the issue of indexation to working pensioners. According to Talia khabrieva, co-chair of the working group on drafting amendments, the adoption of presidential amendments to the Constitution of the Russian Federation does not guarantee the indexation of pensions for working pensioners.
Changes are only possible if the Federal law of 2016 is amended. In that year, we recall that it was decided that insurance pensions are indexed only to pensioners who do not work after reaching retirement age.
Without withdrawal
The very rule of pension indexation is formulated without exceptions. "It is only possible to specify the order in the Federal law. So the answer is indexed, " khabrieva previously explained to RBC's Grigory Berezkin.
This explanation was regarded as the resumption of the annual indexation of pensions for working pensioners.
The fact that the amendments to the Constitution result in the indexation of pensions for working pensioners was also mentioned by state Duma Deputy Oleg Shein.
According to him, the increase in payments for working pensioners will be made automatically. You don't even need to write a statement to do this.
The amendments, the Deputy specified, can be adopted at the end of March.
But as it turns out, the procedure for indexing pensions will be regulated not by the Constitution, but by Federal law. This is due to the fact that the Constitution (part 2 of article 39) establishes the rule that state pensions and social benefits are established by law. "Thus, the specification of the rights of working pensioners to indexation will be determined in the industry legislation," khabrieva gave a new explanation.
Recall that President Vladimir Putin in his message to the Federal Assembly proposed to fix the regular indexation of pensions in the Constitution.
The presidential proposal referred to regular indexation and the formation of a pension system for Russian citizens "based on the principles of generality, justice and solidarity of generations."
In the state Duma, when considering the presidential amendments in the first reading, another co-chair of the working group, Andrey Klishas, explained this problem as follows: "there are no exceptions In the presidential amendments." But after the adoption of amendments to the Constitution, the procedure for indexing pensions to working pensioners can be "determined by a special law".
Superfluous people
The wording for indexing pensions is written in such a way that nothing changes for working pensioners, said a RBC source familiar with the development of amendments to the Constitution of the Russian Federation. Only indexing itself and its regularity are guaranteed, and the procedure for indexing and the conditions for obtaining it, including depending on the work, are determined by Federal law. "The Constitution does not regulate these issues," the source added.
Indexation of working pensioners is not yet discussed, said another source close to the Ministry of Finance.
Indexation of working pensioners is not yet discussed, said another source close to the Ministry of Finance.
Experts do not exclude that no amendments will be made to the current Federal law regarding payments to working pensioners. "If it is fixed that the indexation of pensions is guaranteed by the Constitution, then indexation should be guaranteed to absolutely everyone," says Elvira Tuchkova, a Professor at the Kutafin Moscow state law University.
If the Constitution establishes the right to mandatory regular indexation of pensions, then the government will not be able to act on the basis of the financial capacity or inability to allocate funds from the budget.
The necessary explanations on this issue could be given by the constitutional court, experts say.
In October 2019, Anton Drozdov, who was dismissed from the post of the FIU, said that there is no money for indexing. And its renewal would require 368 billion rubles, Drozdov assured.
According to Vyacheslav Abramov, Director of the sales office of BCS Broker, last year a pension reform was carried out, which most Russians were dissatisfied with. Previously, the retirement age was 55 years for women and 60 years for men, but since 2019 it has been gradually increasing by six months every year.
"Indexation of pensions for working pensioners is a fair measure. There should be no distinction between those who are employed and those who are not. Depriving working elderly people of indexing on the principle of "they already have something to live on" is completely unacceptable, " says Ivan kapustyansky, a leading analyst at Forex Optimum.
There are 9.6 million working pensioners out of 43 million registered.
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