OFFICERS HAVE STARTED THE WAR
Discouragingly small size of pensions brought Russian-still discontent veterans of the army and navy to the boiling point. Congratulations to the head of the Perm branch of the Pension Fund of the Russian Federation Stanislav Avronchuka participants of the Great Patriotic War was made not that mockingly, but even as a naive:"Dear veterans of the Great Patriotic War, the glorious workers of the rear!Pension Fund office in Perm region heartily congratulate you on the wonderful spring holiday - Victory Day! Thank you ... for the happiness to live, learn and work in a free country. In ... these May days take the warmest and most sincere wishes for health, happiness and joy. Let no one leave you cheerfulness and optimism ... and the government takes great all-round assistance and material support. Peace and prosperity to you! "If the pension is ridiculous, according Avronchuka can ensure the welfare, the veterans of that opinion did not agree. And, with the assistance of the military prosecutor's office filed a lawsuit against the underpayment. A holiday group Permian veterans were paid in the amount of about 50 thousand rubles. Writs continue to come to court in the country.
It would seem that the power of taking care of the pensioners, retired a little bit, but rising. According to President Putin to the question "how to live for two thousand rubles," said pensions will rise, but within the capabilities of the budget.
The official website of the Permian of the Pension Fund informs: ootvetstviis with the Government of the Russian Federation of 03.27.2007, the number 181 on the 7.5% increase the size of the basic part of labor pensions (old-age, invalidity and survivors' benefits) and a 9.2% increase the insurance part of labor pensions. Old-age pensions increased on average by 254 p., Disability by 184 p. State pensions in the Perm region from April 1 increased by about 150 p., On average - 232 p. Simultaneously with the indexation of pensions from April 1, increased monthly payments. They rose as the basic pension, by 7.5%.Increased the cost of the federal package of social services (social support). RF Government Decree of 22.01.2007, № 34 "On the change in the amount allocated to the payment provided to the citizens of social services (social services) with 1.4. 2007 benefits package worth 513 p. per month per citizen, of which: 456 p. on payment of an additional free medical care, including providing for providing the necessary drugs prescribed by a physician (medical assistant), 57 p. - To pay for free travel on the suburban railway transport, as well as the long-distance transport to the place of treatment.
Additional need for funds to pay pensions and benefits per month amounted to 177.9 million in the Kama River., On monthly payments of 28 million "Branch of the Pension Fund of the Russian Federation in the Perm region is ready to pay indexed pensions and monthly payments. Funds for this increase are fully implemented. "The trouble is, that in itself is the division of the old pension for basic and insurance flawed. "It was necessary to consider the entire pension insurance - believes a specialist pension legislation as Lydia Wolfe. The base is part had to go over this pension and through direct appropriations from the budget. But the people were deceived. Taken away ... from the pension piece, called it a base portion and a base portion that is now raised, and the index. "As a result, an ex-miner and former cleaning lady and a scholar receive pensions at the same size." ("Unforgivable cunning", "Your right» № 11 , 2007).What happened before the law number 113 and number 173, which was introduced to the basic division of pensions and insurance parts? How is it that pensioners cheated and deceived, and other paper? This is the story below.
PENSION thimbleriggerSixteen-marathon
Under what law are underpaid PENSIONS?November 20, 1990 was adopted, and on the March 1, 1991 came into force of the Federal Law № 340-1, in which pensioners who worked in hazardous work and retired on the 1st list, have been paid 3.5 minimum pension . The author of the law - the chairman of the Social Policy Committee of the Russian Federation Mikhail L. Zakharov.What is the social welfare? They are limited to only a small increase in the minimum pension, but did not bother to increase - by law - the maximum pension.
Prior to March 1, 1991 the minimum pension was 70 p., On March 1, it was increased to 100 p. The maximum pension under the law in 1956 was 132 p. - 140 p. No harm pension FZ № 340-1 were to increase by 3 times with naughty - by 3.5 times. Thus, the maximum pension was supposed to be 1991 350 p. - According to the article. 18 of the Federal Law № 340-1.
This law was repealed on January 1, 2002 because the 17.12.2001 a new law number 173 (described later).
Anastasia Pavlovna Bazhenov retired in 1982 For 16 years, she is trying to legitimate means, according to the court, get underpaid retirement. Lawyer Perm krai trade union council Anatoly A. Alyp first said that "it six months to deal with it." However hurried kicked that Bazhenov alleged that law does not apply. But the law clearly states: "ALL pensions granted before in an amount not reaching the minimum specified here are subject to the March 1, 1991 to increase the minimum size.And from 1 January 1992, when the Law "On State Pensions in the Russian Federation will be put into full effect, the bodies of social services. software will make a full recalculation of pensions to its requirements, which will lead to new, sometimes very substantial increase in pensions by changing the order of seniority accruals and allowances provided for by the Act. "(" The new legislation of the RSFSR in questions and answers ", Moscow, 1991).Moreover, in the art. 123 of the Federal Law № 340-1 clearly states: "The amount of the pension, the pensioner not received in a timely manner, shall be paid for all past time, but not more than 3 years before applying for their reception. Benefit amount is not received in a timely manner through the fault of the authorities designated or paying a pension, paid for the last time without any limitations period. "Finally, Art. 55 paragraph 3 of the Constitution of the Russian Federation says: "The rights and freedoms of man and citizen may be limited by federal law only to the extent that it is necessary for the protection of the constitutional system, morality, health, rights and lawful interests of other persons, the defense of the country and national security. "paid in lost pension does not encroach on any morality (in the understanding of its ordinary citizens, but maybe not elite), nor on health or the legitimate interests of other citizens, or to the defense and security of the country.Because there is the principle that the law is not retroactive, ie, can not introduce a law abolishing the action of another law in force in the past time, the Federal Law № 340-1 Bazhenova required to pay half-received a pension for the period from the date of adoption of this law, to cancel it on 1.1.2002 to 01.03.1991.For example, there is no statute of limitations for the payment of revenue, as it is dictated by art. 55 paragraph 3 of the Constitution and the decision of the Plenum of the Supreme Court of 04.17.2003 was that emphasizes the provision of the Constitution. Earlier, in the "Soviet" period, there were limitations, it was possible to get the underpayment for only three years, the employee could choose himself from the life of any underpayment of three years. The new legislation removed this limitation.It is the same case with the underpayment of pensions FZ 340-1.
That article is NOT LAWVarious authorities referred to Art. 16 of the Federal Law № 341-1. According to this article as they assure, INCLUDING ON THE LIST OF REASONS to privileged number 1, pensions accrue at the rate of 55% -75% of the average monthly salary, and depending on the length of general and specialized work experience.
So, in response to the Bazhenov in Perm branch of the Pension Fund of the Russian Federation of 07.01.2004 deputy. Branch Manager LV Verkholantseva, referring to Art. 16 of the Federal Law № 340-1 says, "So, your requirement for establishing the maximum pension to all pensioners who receive pensions from employment due to the special conditions of a listed number 1 shall not be acknowledged."
But here's the article number 16 in full:
"The pension is set at 55% of earnings (Section VII of the Act) and, in addition, 1% of their salary for each full year of the total length of service in excess of the required for a pension (Articles 10, 11 and 12 of the Act). When a pension in accordance with Articles 12 and 14 of the increase in the size of 1% of earnings is also produced for each full year of specialized work experience beyond what is necessary to establish a pension. The amount of pension calculated in the manner specified above shall not exceed 75% of their salary. "
But this article is not related to the payment. It does not contain provisions on preferential basis of a listed number 1. Relation to payment of pensions is art. 12. In Art. 16 of the Law № 340-1 only mentioned Art. 12 together with the other. The fact that art. 12 large and number 1 on the list referred to in only one of its paragraph "a".
In general, as we see from the article 16 of the Federal Law № 340-1, the reference to Article 12 and other articles about the words: ".... in addition, 1% of their salary for each full year of general work experience ... "That is, is related to the experience, but not to the list number 1, referred to in paragraph "a": "Pension in connection with the special conditions established: a) men - at the age of 50 and women - at age 45 years if they are adequately worked at least 10 years and 7 years and 6 months in underground work, work in hazardous conditions and in hot shops and their total length of service of at least 20 and 15 years. Citizens with at least half-time in underground work, work in hazardous conditions and in hot shops, the pension age is assigned to the reduction provided for in Article 10 of the Act, one year for each full year of such work to men and women ... "
Once we understand this, we go to the article 18 of the Federal Law № 340-1:"The maximum pension for a total length of service equal to the required for a full pension is set at three times the minimum pension (Article 17 of the Law), and the pension granted in connection with the underground work, work in hazardous conditions and in hot shops (paragraph "a" of Article 12 of the Law), - three and a half size. "
That is where the link to the article 12 item a field relevant to the calculation of pensions on the list number 1, after the experience of work in hazardous conditions.
In the same article, number 16, a reference to Article 12 of the other items. That is, that's where the ball is - not under one of three thimbles, and in the hand of Mrs. Verkholantseva ...Bazhenov asked the chief defender of human rights in the Perm region, Tatiana Margolina. Margolin sent by region query with reference to Article 16 of the same. Of course, from all the regions she was told that Article 16 of any underpayment of compensation can not be ... In the end, Margolin did not find anything better. How to send all the documents the same Alypova. That, as mentioned above, was quick kicked, but asked to lecture Bazhenov union activists on the pension legislation ...Do you know why Ms. Verkholantseva, Ms. Margolin and others convinced that her cheating is not challenged? Yes, because for a long time, until November 20, 1990, the calculation of pensions on the list number 1 is really carried out under Article 16. It does appear 55% of earnings due "to workers and employees in underground work, work in hazardous conditions and in hot shops ...» read the text? Only this Act of 1956! See, for example. "Commentary to the position of the appointment of pensions", Section II, «Old age", Article 16 of the paThat is, in 1956, it was art. 16. And there was enough volume. Part of it was, and the Federal Law № 340-1. Retirees are accustomed to the old article, they have already formed a reflex, in-laws they are not looking, so do not suspect fraud. A ball again, not under one of the thimbles, but in the hands of the Social Security gives them the judicial system.
SPECIFIC EXAMPLESSo, March 1, 1991 pension was 100 p.January 1, 1992 - was to be 342 p. May 1, 1992 - 900 p.But there was hyperinflation, pensions administered as a god send for the soul. And had Bazhenov on FZ № 340-1 receive in May with the regional factor, and 1% for each year of processing 31,774 p. Next:November 1, 1992 - 2250 p. 1 August 1993 - 14 620 p. 1 August 1994 - 21 850 r. 1 November 1994 - 34 440 rubles. 1 August 1995 - 55 000 rubles. 1 December 1995 - 60 500 rubles. 1 October 1997 - 76 533 p. 1 May 1999 - 94 290 rub. May 1, 2000 - 139 230 r. August 1, 2001 - 185 320 p.These data were obtained in raysobese Kirov district of Perm.However, even these pensions have never been seen.While all of these pensions were to be multiplied by 3 and 3.5 times, plus the regional factor (in Perm - 15% of the Urals), plus 1% for each year of treatment.
On November 1, 1992 a law "On Increasing public pensions in the Russian Federation", in which the minimum pension was equal to 2,250 p. (See data raysobesa for 1992 above).
To pensioners have any suspicions, there was an exchange of pension certificates. Where was introduced and a new minimum pension. Senior citizens felt that there was an improvement, as the new minimum pension was, of course, higher than the previously introduced old minimum. But we need a new minimum multiply by 3.5 for the production of harmful and 3 times without harm. And it is - the latest example in a long line naperstochnichestva robbing pensioners.
REGULATORY AUTHORITY tried to substituteSeptember 3, 1993, the Law of the Russian Federation "About the size of pensions assigned in connection with the underground work, work in hazardous conditions and in hot shops", which limited the amount of pensions smaller factor. Thus, "the size of pensions assigned a listed number 1 with full preferential seniority, with 1.1.94 can not be lower than 2 times the minimum old-age pensions, and pensions, to which 1,191 were installed in the increase in the maximum size, with no 01.10.93 may be less than 3 times the minimum old-age pension "(from the response of NPO. Kirov's deputy. Head of the organization of pension service LS Wolfe, Ministry of Social Protection of the population of the Russian Federation, 18/10/93).Thus, continued to operate under the Federal Law № 340-1 was enacted on 09/03/93, contradicting him.
July 21, 1997 was adopted by the Federal Law № 113 "On the procedure of calculation and increased public pensions. In this case, officials have used a different law, № 340-1, to set itself three minimum pension.
Here's how to react to the new law left-wing parties, particularly the Communist Party. Read the correspondence pensioner N. Bobyleva with the newspaper "Soviet Russia", organ of the Communist Party. "Soviet Russia", N114 (12727) 27.8.2005g., Head of the Legal Service of the Central Committee of the Communist Party VG Soloviev Some media flashed the information that the pensioner from Novosibirsk L. Righteous won the European Court case against the Russian government over the incorrect calculation of her pension ... please explain whether this has any significance for the solution of other pensioners ... N. Bobilev, retired (Moscow)
Dear Yuri!In response to your appeal to report that in the Legal Service of the Central Committee of the Communist Party on this issue has the following information: 21.07.1997 of the State Duma of the Russian Federation was adopted by the Federal Law "On the procedure of calculation and increased public pensions» № 113-FZ, which entered into force to 01.02.1998, the (ceased to have effect from 01.01.02, in connection with the adoption of the new Federal Law "On labor pensions» № 173-FZ dated 02.17.01 was).
According to this law, pensioners recalculation of pensions should be performed using individual retiree ratio (ICP). The size of which, according to Art. 4 of the federal law, equal to the ratio 0.7. 29.12.99 However, the Ministry of Labor and Social Development of the Russian Federation adopted a number 5 Clarification on the application of the law, according to which the term "ICP" was attached to the other interpretation, and its size ratio was 0.525. The magnitude of the coefficient of 0.7, according to officials of the Ministry of Labor, the law ostensibly limited to the ratio of the final salary of a citizen in his retirement to the average wage in the country. Such illegal, in my view, the interpretation of the Federal Law number 113 has led to the fact that in 1998-2001. millions of seniors across the country was assessed that the monthly average of 100-150 rubles to everyone ... "
Thus, Zyuganov of the Communist Party did not bother to look at calendar - the legislation, and the unfortunate pensioner announced that the Federal Law number 113 in force until the adoption of the Federal Law number 173. That there is a clear lie, as we shall see below.Read the new law number 113, which changes the software EDITORIAL Article 7 of the old law № 340-1. SHE does limit the size of the pension factor 1.2 the average monthly wage:Federal Law "On the procedure of calculation and increases in public pensions", adopted by the State. 06.23.1997 Duma, the Federation Council approved 07.03.1997, published in "Rossiyskaya Gazeta" 07.24.1997:Article 1. To establish that the state pension, calculated according to the norms of the Law of the Russian Federation "On State Pensions in the Russian Federation", in connection with the growth of wages in the country are subject to the assessment and increased by the use of the individual coefficient of the pensioner.The individual coefficient is determined by multiplying the retiree pension Percentage relying depending on length of service, the ratio of the average monthly salary for a specified period, of which the pension is calculated, the average monthly wages in the country over the same period. ...In determining the individual rate is the ratio of average monthly earnings of the pensioner retired to the average monthly wage in the country is taken into account in the amount of not more than 1.2 regardless of the basis for assigning pension.The amount of pension is set in rubles based on the average wage in the country for the preceding quarter-to-retiree ratio. ...
Article 3. Explain ... Article 7 of the Law of the Russian Federation "On State Pensions in the Russian Federation" (... 1990 ...) as follows: "Article 7 .... With the increasing wages in the country are subject to the calculation of pensions and increased by the use of the individual coefficient pensioner ..."
Russian President Boris Yeltsin
Further recommendations have been published on the application of the Federal Law number 113. They were not published and were not registered by Ministry of Justice. In June 1998, the Supreme Court of recommendations canceled. GKPI 98-191 * DECISION 18 June 1998: "Supreme Court of the Russian Federation in the person of Judge Supreme Court of Fedina AI Fedotov with the prosecutor, having considered the ... civil case on the complaint Tsederbaum YY to paragraph 8.4 of the Recommendations on the implementation of the Federal Law of 07.21.1997 № 113-FZ "On the procedure of calculation and increase the state. pensions" set:December 1, 1997 Deputy Minister of Labour and Social Development of the Russian Federation and the December 4, 1997 Chairman of the Board of the Pension Fund of the Russian Federation issued (approved) Guidelines for the implementation of the Federal Law of 07.21.1997, № 113-FZ "On the procedure of calculation and increase public pensions ".Tsederbaum YY asked the Supreme Court of the Russian Federation with the complaint, which raised the issue of invalidation of 8.4 Recommendation, which provides that limitation of 1.2 (the average monthly salary in the country) is subject to the total amount of pensions, including all installed pension legislation allowances, increase and, in appropriate cases, payment of compensation established for retirement.According to the petitioner, this item Recommendations contrary to the requirements of the Federal Law that applies this restriction to the total amount of pensions (those entitled to two pensions) without including the (amount of) allowances, promotions and other compensations. ...In accordance with Section 10 of Presidential Decree 23.5.1996 № 763 "On the Procedure of Publication and entry into force of the Acts ... normative legal acts of federal executive bodies' normative legal acts of federal executive authorities ... have not passed state. registration and registered, but not published in the prescribed manner shall not entail legal consequences as not yet effective ...This court found that the Ministry of Labor and Social issued. Development of the Russian Federation and the Russian Pension Fund Guidelines contain provisions normative because they (these provisions, including 8.4 Recommendations) prescribe certain rules with legal effect ...In particular, paragraph 8.4 Recommendations prescribe limit of 1.2 total amount of pensions, including all allowances provided for by the pension legislation, improving and, in appropriate cases, payment of compensation established for retirement. Thus, the recommendations are ... an act affecting the rights, freedoms and duties of man and citizen ... and therefore ... subject to state. registration and official publication ... Recommendations were not registered in the Ministry of Justice and are officially published. In such a situation ... the court finds that issued by the Ministry of Labor and Social. Development of the Russian Federation and the Russian Pension Fund Guidelines can not be recognized as legitimate ...At the hearing established that these recommendations were directed to the use of the work (in fact - for the application) in the jurisdiction of the Ministry of Labor and Social Development of the Russian Federation and the bodies of the Pension Fund of the Russian Federation ...In this regard ... Recommendations ... do not have the power, do not entail legal consequences ... on the heads of the Ministry of Labor and Social Development of the Russian Federation and the Russian Pension Fund ... shall be the duty of the authorities to revoke an instrument. ...In addition, the court found that the applicant appealed against 8.4 Recommendations to conflict with federal law and to the point.Recommendations ... position provides that the limitation in the amount of 1.2 ... shall be the sum of all pensions, including all allowances ..., ... and increase compensation payment ... Meanwhile, the inclusion in the total amount of pensions (those receiving two pensions) provided by the Law of allowances, promotions and compensation for the subsequent restrictions resulting total size of 1.2 ... does not match the item. 7 of the Law of the Russian Federation of November 20, 1990 "On State. Pensions in the Russian Federation" (as amended by the Federal Law dated 21.7.1997 № 113-FZ).Namely Article 7 of this law has a limit of 1.2 of the average wage in the country. The provision of Art. 7 is a novel mechanism of calculus (increase) of the basic pension is only under this Act, that is, the size of pensions, determined on the basis of the individual coefficient of the pensioner. The questions allowances and enhancements to the pension is not regulated by Art. 7, and Articles 21 and 110 of the Federal Law "On State Pensions in the Russian Federation."
Not undergone a change with the adoption of the Federal Law of 21 July 1997 and Art. 111 of the Act, under Part III of which pension allowances are not limited to the maximum amount.
Analysis of the articles of the RF Law "On State Pensions in the Russian Federation" suggests that the limitation of the size of 1.2 ... shall be the total amount of the two pensions (when receiving their retiree) without the inclusion of this amount ... promotions ... and compensation .. .Supreme Court decided the complaint Tsederbaum Yuri Yakovlevich meet. Recommendations for the implementation of the Federal Law of 21.7. 1997 № 113-FZ "On the procedure of calculation and increase the state. Pensions", approved 01.12.1997 first deputy. Ministry of Labor and Social. 12/04/1997 Development and the Chairman of the Board of the Pension Fund of the Russian Federation illegal (invalid) from the date of publication ... "So canceled recommendation to the application of the Federal Law number 113, because they do not correspond to the item. 7 of the same law number 113 and, in addition, these recommendations have not been registered with the Ministry of Justice and published as required by law. THEN THERE WAS CANCELLED LIMITATION 1.2 for the full amount of pension.And know what state was Yeltsin, when he signed the law, as in it st.st.1, 3 refers to the relation of average pension to average monthly earnings = 1.2, and in Article 4 of the fact that this ratio can not exceed 0.7.So, to continue to act COMMON LAW № 340-1, in which CT. 7 are set forth in the Federal Law № 113 EDITORIAL. However, kept and Art. Article 12, 18, on which pension had to be increased to 3 and 3.5 times. In any case, the coefficient of 1.2 could not limit, according to the canceled Recommendations premiums for hazardous working conditions.Amendments to the Federal Law SAME № 340-1 VNISI UP TO 27 NOVEMBER 2001
THUS Supreme Court of not taken care that the laws number 113, that is, new version of Article. 7 340-1 LAW OR OTHERWISE ST. 12 AND 18 OF THE SAME LAW OR NOT AFFECT HER AT ALL, as soon Supreme Court of, about the size of a pension, only refer to Article 21 and 110.
BECAUSE ST. 21 and 110 of the Federal Law № 340-1, relied upon by the Supreme Court of, was not talking about hazardous industries, AND ARE DISABLED on allowances, disabled war veterans, ETC
In December 2001, as mentioned above, the adoption of the new Pensions Act, repealing the Federal Law № 340-1 in general, and in which they were entered the base, the insurance and the funded part of the pension. Here is the summary:Federal Law № 173 dated 17.12.2001 "On labor pensions in the Russian Federation" 17.12.2001:Adopted by the State. Duma on 30 November 2001, approved by the Federation Council on December 5, 2001 (as amended. Federal laws of 25.07.2002 № 116-FZ, dated 31.12.2002 № 198-FZ). The present Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law "On Mandatory Pension Insurance in the Russian Federation" installed base and the order of occurrence of the right of citizens of the Russian Federation on occupational pensions.Chapter I. GENERAL PROVISIONSArticle 1. The legislation of the Russian Federation on occupational pensions1. Occupational pensions are set and paid in accordance with this Federal Law. ...3. In the cases provided for by this Federal Law, the Government of the Russian Federation defines the procedure for exercising the right of citizens of the Russian Federation for the occupational pensions and the conditions for establishing these pensions to certain categories of citizens. ...Article 2. Key terms used in the present Federal Law. For the purposes of this Federal Law the following basic concepts:retirement pension - a monthly cash payment to compensate for the citizens of the salary or other income ...length of service - included in the determination of the right to a retirement pension the total duration of the periods of work and (or) other activities for which the premium paid to the Pension Fund of the Russian Federation ...current pension assets - ... total amount of insurance premiums and other revenues to the Pension Fund of the Russian Federation ... which is the basis for determining the amount of insurance part of pensions ...an individual's personal account - a set of information received insurance premiums for the insured person and other information about the insured person, containing his identification signs in the Pension Fund of the Russian Federation ...Special Section individual account ...retirement savings - a set recorded in a special part of the individual account funds ...Section 4. The right to choose the pension1. Citizens are entitled to the simultaneous production of various types of pensions ... set a pension of their choice.2. In cases stipulated by the Federal Law "On State Pensions in the Russian Federation", allowed the simultaneous production of pensions for state pensions, established in accordance with this Federal Law and the retirement pension (part of the retirement pension), established in accordance with this Federal Law ...Article 5. Types of pensions and their structure1. ... The following types of pensions: 1) the old-age pension, 2) retirement pension, disability, and 3) retirement pension survivor.2. Old-age pension and retirement pension, disability may consist of the following parts:1) the base part, and 2) the insurance part, and 3) the storage of ...Article 6. Financing of pensions...3. The establishment of the funded part of the pension is the availability of funds, recorded in a special part of the individual's account insured.Chapter II. TERMS OF USE OF LABOR OF PENSIONSArticle 7. The terms of appointment old-age pension1. The right to a retirement pension for old age are men who have reached the age of 60 and women over the age of 55 years.2. Old-age pension shall be appointed in the presence of at least five years of insurance ...Chapter III. Insurance experienceArticle 10. Periods of work and (or) other activities that are included in the insurance period1. In the insurance period includes periods of work and (or) other activities that are carried out on the territory of the Russian Federation by the persons referred to in Section 3 of this Federal Law, provided that during these periods of the premium paid to the Pension Fund of the Russian Federation ...Chapter IV. Retirement pensionsArticle 14. Retirement pensions for old age1. The size of the base of the old-age pension is set in the amount of 450 rubles a month.2. Persons aged 80 years or are disabled, have limited capacity for employment III level, size of the base of the old-age pension is set in the amount of 900 rubles a month ...5. The insurance of the old-age pension is determined by the formula: MF = PC / T, whereMF - the insurance part of labor pensions for old age, a PC - pension funds, measured as of the day on which the appointed insurance part of labor pensions for old age, and T - the number of months the expected period of payment of old-age pension, used to calculate the pension insurance part of this, is 19 years (228 months) ...
8. The sum of the base portion and the insurance part of the old-age pension can not be less than 660 rubles a month.
9. The size of the storage of the old-age pension is determined by the formula: LF = PN / T, whereBass - the size of the funded part of the pension, MO - the amount of retirement savings a special part of his individual account as of the day on which it is assigned a funded part of labor pension for old age, and T - the number of months the expected period of payment of old-age pension ...11. The size of the labor retirement pension is determined by the formula:P = CU + MF + LF, whereM - the size of old-age pension; warhead - the basic part of old-age pensions (items 1 - 4 of this article); midrange - the insurance part of the old-age pension (paragraph 5 of this article), LF - funded part of the old-age pension (paragraph 9 of this article) ...Chapter VI. ORDER OF CONSERVATION AND CONVERSION(CONVERSION) Prior rightsArticle 27. Preserving the right to early retirement pension appointment
1. Old-age pension shall be appointed before reaching the age established by Article 7 of this Federal Law, the following persons:
1) men on reaching the age of 50 and women after the age of 45 years, provided they have respectively at least 10 years and 7 months to 6 years of underground work, work in hazardous conditions and in hot shops and have a length of service respectively, at least 20 and 15 ...Russian President Vladimir Putin, The Kremlin, Moscow, 17.12.2001
So, the Federal Law number 173 actually abolished the increased pension list number 1 and for all set the same basic pension 450 p.ALTHOUGH pensioners working in hazardous industries, STILL PAY FOR ST. 16 P. Act of 1956 and ...Thus, the Duma made three sharps Changeling: 1) Article number 16 in 1956 - instead of Article 16 of the Federal Law № 341-1, 2) ratio of 1.2 tampered factor of 0.7 in the Federal Law number 113, and 3) Recommendations on the Application of Federal Law № 113 - FZ number instead of 113, with the introduction of restrictions on supplements to pensions.
When was the Federal Law number 113, retirees announced that "all who wish to receive a pension under the new law, can write an application." In fact, people have presented recommendations as canceled Supreme Court of the Federal Law number 113. That nowhere none of ordinary citizens have not. Naturally, the recommendations could not be mandatory, and because "who wants to let him get on and Recommendations."No statements nobody wrote, but pensions are still paying on the "Federal Law № 113", I mean, on a recommendation. And if the first law of individual coefficient = 1.2, in its Article 4, he = 0.7, then paid at a rate of 0.525 ... =By hook or by crook got rid of the Moscow Art. 12 and 18 of the Federal Law № 340-1, and worked in hazardous work left only the right to early retirement.
Boris Ikhlov, based on AP Bazhenova Russian political organizations "Worker", May 2007
Discouragingly small size of pensions brought Russian-still discontent veterans of the army and navy to the boiling point. Congratulations to the head of the Perm branch of the Pension Fund of the Russian Federation Stanislav Avronchuka participants of the Great Patriotic War was made not that mockingly, but even as a naive:"Dear veterans of the Great Patriotic War, the glorious workers of the rear!Pension Fund office in Perm region heartily congratulate you on the wonderful spring holiday - Victory Day! Thank you ... for the happiness to live, learn and work in a free country. In ... these May days take the warmest and most sincere wishes for health, happiness and joy. Let no one leave you cheerfulness and optimism ... and the government takes great all-round assistance and material support. Peace and prosperity to you! "If the pension is ridiculous, according Avronchuka can ensure the welfare, the veterans of that opinion did not agree. And, with the assistance of the military prosecutor's office filed a lawsuit against the underpayment. A holiday group Permian veterans were paid in the amount of about 50 thousand rubles. Writs continue to come to court in the country.
It would seem that the power of taking care of the pensioners, retired a little bit, but rising. According to President Putin to the question "how to live for two thousand rubles," said pensions will rise, but within the capabilities of the budget.
The official website of the Permian of the Pension Fund informs: ootvetstviis with the Government of the Russian Federation of 03.27.2007, the number 181 on the 7.5% increase the size of the basic part of labor pensions (old-age, invalidity and survivors' benefits) and a 9.2% increase the insurance part of labor pensions. Old-age pensions increased on average by 254 p., Disability by 184 p. State pensions in the Perm region from April 1 increased by about 150 p., On average - 232 p. Simultaneously with the indexation of pensions from April 1, increased monthly payments. They rose as the basic pension, by 7.5%.Increased the cost of the federal package of social services (social support). RF Government Decree of 22.01.2007, № 34 "On the change in the amount allocated to the payment provided to the citizens of social services (social services) with 1.4. 2007 benefits package worth 513 p. per month per citizen, of which: 456 p. on payment of an additional free medical care, including providing for providing the necessary drugs prescribed by a physician (medical assistant), 57 p. - To pay for free travel on the suburban railway transport, as well as the long-distance transport to the place of treatment.
Additional need for funds to pay pensions and benefits per month amounted to 177.9 million in the Kama River., On monthly payments of 28 million "Branch of the Pension Fund of the Russian Federation in the Perm region is ready to pay indexed pensions and monthly payments. Funds for this increase are fully implemented. "The trouble is, that in itself is the division of the old pension for basic and insurance flawed. "It was necessary to consider the entire pension insurance - believes a specialist pension legislation as Lydia Wolfe. The base is part had to go over this pension and through direct appropriations from the budget. But the people were deceived. Taken away ... from the pension piece, called it a base portion and a base portion that is now raised, and the index. "As a result, an ex-miner and former cleaning lady and a scholar receive pensions at the same size." ("Unforgivable cunning", "Your right» № 11 , 2007).What happened before the law number 113 and number 173, which was introduced to the basic division of pensions and insurance parts? How is it that pensioners cheated and deceived, and other paper? This is the story below.
PENSION thimbleriggerSixteen-marathon
Under what law are underpaid PENSIONS?November 20, 1990 was adopted, and on the March 1, 1991 came into force of the Federal Law № 340-1, in which pensioners who worked in hazardous work and retired on the 1st list, have been paid 3.5 minimum pension . The author of the law - the chairman of the Social Policy Committee of the Russian Federation Mikhail L. Zakharov.What is the social welfare? They are limited to only a small increase in the minimum pension, but did not bother to increase - by law - the maximum pension.
Prior to March 1, 1991 the minimum pension was 70 p., On March 1, it was increased to 100 p. The maximum pension under the law in 1956 was 132 p. - 140 p. No harm pension FZ № 340-1 were to increase by 3 times with naughty - by 3.5 times. Thus, the maximum pension was supposed to be 1991 350 p. - According to the article. 18 of the Federal Law № 340-1.
This law was repealed on January 1, 2002 because the 17.12.2001 a new law number 173 (described later).
Anastasia Pavlovna Bazhenov retired in 1982 For 16 years, she is trying to legitimate means, according to the court, get underpaid retirement. Lawyer Perm krai trade union council Anatoly A. Alyp first said that "it six months to deal with it." However hurried kicked that Bazhenov alleged that law does not apply. But the law clearly states: "ALL pensions granted before in an amount not reaching the minimum specified here are subject to the March 1, 1991 to increase the minimum size.And from 1 January 1992, when the Law "On State Pensions in the Russian Federation will be put into full effect, the bodies of social services. software will make a full recalculation of pensions to its requirements, which will lead to new, sometimes very substantial increase in pensions by changing the order of seniority accruals and allowances provided for by the Act. "(" The new legislation of the RSFSR in questions and answers ", Moscow, 1991).Moreover, in the art. 123 of the Federal Law № 340-1 clearly states: "The amount of the pension, the pensioner not received in a timely manner, shall be paid for all past time, but not more than 3 years before applying for their reception. Benefit amount is not received in a timely manner through the fault of the authorities designated or paying a pension, paid for the last time without any limitations period. "Finally, Art. 55 paragraph 3 of the Constitution of the Russian Federation says: "The rights and freedoms of man and citizen may be limited by federal law only to the extent that it is necessary for the protection of the constitutional system, morality, health, rights and lawful interests of other persons, the defense of the country and national security. "paid in lost pension does not encroach on any morality (in the understanding of its ordinary citizens, but maybe not elite), nor on health or the legitimate interests of other citizens, or to the defense and security of the country.Because there is the principle that the law is not retroactive, ie, can not introduce a law abolishing the action of another law in force in the past time, the Federal Law № 340-1 Bazhenova required to pay half-received a pension for the period from the date of adoption of this law, to cancel it on 1.1.2002 to 01.03.1991.For example, there is no statute of limitations for the payment of revenue, as it is dictated by art. 55 paragraph 3 of the Constitution and the decision of the Plenum of the Supreme Court of 04.17.2003 was that emphasizes the provision of the Constitution. Earlier, in the "Soviet" period, there were limitations, it was possible to get the underpayment for only three years, the employee could choose himself from the life of any underpayment of three years. The new legislation removed this limitation.It is the same case with the underpayment of pensions FZ 340-1.
That article is NOT LAWVarious authorities referred to Art. 16 of the Federal Law № 341-1. According to this article as they assure, INCLUDING ON THE LIST OF REASONS to privileged number 1, pensions accrue at the rate of 55% -75% of the average monthly salary, and depending on the length of general and specialized work experience.
So, in response to the Bazhenov in Perm branch of the Pension Fund of the Russian Federation of 07.01.2004 deputy. Branch Manager LV Verkholantseva, referring to Art. 16 of the Federal Law № 340-1 says, "So, your requirement for establishing the maximum pension to all pensioners who receive pensions from employment due to the special conditions of a listed number 1 shall not be acknowledged."
But here's the article number 16 in full:
"The pension is set at 55% of earnings (Section VII of the Act) and, in addition, 1% of their salary for each full year of the total length of service in excess of the required for a pension (Articles 10, 11 and 12 of the Act). When a pension in accordance with Articles 12 and 14 of the increase in the size of 1% of earnings is also produced for each full year of specialized work experience beyond what is necessary to establish a pension. The amount of pension calculated in the manner specified above shall not exceed 75% of their salary. "
But this article is not related to the payment. It does not contain provisions on preferential basis of a listed number 1. Relation to payment of pensions is art. 12. In Art. 16 of the Law № 340-1 only mentioned Art. 12 together with the other. The fact that art. 12 large and number 1 on the list referred to in only one of its paragraph "a".
In general, as we see from the article 16 of the Federal Law № 340-1, the reference to Article 12 and other articles about the words: ".... in addition, 1% of their salary for each full year of general work experience ... "That is, is related to the experience, but not to the list number 1, referred to in paragraph "a": "Pension in connection with the special conditions established: a) men - at the age of 50 and women - at age 45 years if they are adequately worked at least 10 years and 7 years and 6 months in underground work, work in hazardous conditions and in hot shops and their total length of service of at least 20 and 15 years. Citizens with at least half-time in underground work, work in hazardous conditions and in hot shops, the pension age is assigned to the reduction provided for in Article 10 of the Act, one year for each full year of such work to men and women ... "
Once we understand this, we go to the article 18 of the Federal Law № 340-1:"The maximum pension for a total length of service equal to the required for a full pension is set at three times the minimum pension (Article 17 of the Law), and the pension granted in connection with the underground work, work in hazardous conditions and in hot shops (paragraph "a" of Article 12 of the Law), - three and a half size. "
That is where the link to the article 12 item a field relevant to the calculation of pensions on the list number 1, after the experience of work in hazardous conditions.
In the same article, number 16, a reference to Article 12 of the other items. That is, that's where the ball is - not under one of three thimbles, and in the hand of Mrs. Verkholantseva ...Bazhenov asked the chief defender of human rights in the Perm region, Tatiana Margolina. Margolin sent by region query with reference to Article 16 of the same. Of course, from all the regions she was told that Article 16 of any underpayment of compensation can not be ... In the end, Margolin did not find anything better. How to send all the documents the same Alypova. That, as mentioned above, was quick kicked, but asked to lecture Bazhenov union activists on the pension legislation ...Do you know why Ms. Verkholantseva, Ms. Margolin and others convinced that her cheating is not challenged? Yes, because for a long time, until November 20, 1990, the calculation of pensions on the list number 1 is really carried out under Article 16. It does appear 55% of earnings due "to workers and employees in underground work, work in hazardous conditions and in hot shops ...» read the text? Only this Act of 1956! See, for example. "Commentary to the position of the appointment of pensions", Section II, «Old age", Article 16 of the paThat is, in 1956, it was art. 16. And there was enough volume. Part of it was, and the Federal Law № 340-1. Retirees are accustomed to the old article, they have already formed a reflex, in-laws they are not looking, so do not suspect fraud. A ball again, not under one of the thimbles, but in the hands of the Social Security gives them the judicial system.
SPECIFIC EXAMPLESSo, March 1, 1991 pension was 100 p.January 1, 1992 - was to be 342 p. May 1, 1992 - 900 p.But there was hyperinflation, pensions administered as a god send for the soul. And had Bazhenov on FZ № 340-1 receive in May with the regional factor, and 1% for each year of processing 31,774 p. Next:November 1, 1992 - 2250 p. 1 August 1993 - 14 620 p. 1 August 1994 - 21 850 r. 1 November 1994 - 34 440 rubles. 1 August 1995 - 55 000 rubles. 1 December 1995 - 60 500 rubles. 1 October 1997 - 76 533 p. 1 May 1999 - 94 290 rub. May 1, 2000 - 139 230 r. August 1, 2001 - 185 320 p.These data were obtained in raysobese Kirov district of Perm.However, even these pensions have never been seen.While all of these pensions were to be multiplied by 3 and 3.5 times, plus the regional factor (in Perm - 15% of the Urals), plus 1% for each year of treatment.
On November 1, 1992 a law "On Increasing public pensions in the Russian Federation", in which the minimum pension was equal to 2,250 p. (See data raysobesa for 1992 above).
To pensioners have any suspicions, there was an exchange of pension certificates. Where was introduced and a new minimum pension. Senior citizens felt that there was an improvement, as the new minimum pension was, of course, higher than the previously introduced old minimum. But we need a new minimum multiply by 3.5 for the production of harmful and 3 times without harm. And it is - the latest example in a long line naperstochnichestva robbing pensioners.
REGULATORY AUTHORITY tried to substituteSeptember 3, 1993, the Law of the Russian Federation "About the size of pensions assigned in connection with the underground work, work in hazardous conditions and in hot shops", which limited the amount of pensions smaller factor. Thus, "the size of pensions assigned a listed number 1 with full preferential seniority, with 1.1.94 can not be lower than 2 times the minimum old-age pensions, and pensions, to which 1,191 were installed in the increase in the maximum size, with no 01.10.93 may be less than 3 times the minimum old-age pension "(from the response of NPO. Kirov's deputy. Head of the organization of pension service LS Wolfe, Ministry of Social Protection of the population of the Russian Federation, 18/10/93).Thus, continued to operate under the Federal Law № 340-1 was enacted on 09/03/93, contradicting him.
July 21, 1997 was adopted by the Federal Law № 113 "On the procedure of calculation and increased public pensions. In this case, officials have used a different law, № 340-1, to set itself three minimum pension.
Here's how to react to the new law left-wing parties, particularly the Communist Party. Read the correspondence pensioner N. Bobyleva with the newspaper "Soviet Russia", organ of the Communist Party. "Soviet Russia", N114 (12727) 27.8.2005g., Head of the Legal Service of the Central Committee of the Communist Party VG Soloviev Some media flashed the information that the pensioner from Novosibirsk L. Righteous won the European Court case against the Russian government over the incorrect calculation of her pension ... please explain whether this has any significance for the solution of other pensioners ... N. Bobilev, retired (Moscow)
Dear Yuri!In response to your appeal to report that in the Legal Service of the Central Committee of the Communist Party on this issue has the following information: 21.07.1997 of the State Duma of the Russian Federation was adopted by the Federal Law "On the procedure of calculation and increased public pensions» № 113-FZ, which entered into force to 01.02.1998, the (ceased to have effect from 01.01.02, in connection with the adoption of the new Federal Law "On labor pensions» № 173-FZ dated 02.17.01 was).
According to this law, pensioners recalculation of pensions should be performed using individual retiree ratio (ICP). The size of which, according to Art. 4 of the federal law, equal to the ratio 0.7. 29.12.99 However, the Ministry of Labor and Social Development of the Russian Federation adopted a number 5 Clarification on the application of the law, according to which the term "ICP" was attached to the other interpretation, and its size ratio was 0.525. The magnitude of the coefficient of 0.7, according to officials of the Ministry of Labor, the law ostensibly limited to the ratio of the final salary of a citizen in his retirement to the average wage in the country. Such illegal, in my view, the interpretation of the Federal Law number 113 has led to the fact that in 1998-2001. millions of seniors across the country was assessed that the monthly average of 100-150 rubles to everyone ... "
Thus, Zyuganov of the Communist Party did not bother to look at calendar - the legislation, and the unfortunate pensioner announced that the Federal Law number 113 in force until the adoption of the Federal Law number 173. That there is a clear lie, as we shall see below.Read the new law number 113, which changes the software EDITORIAL Article 7 of the old law № 340-1. SHE does limit the size of the pension factor 1.2 the average monthly wage:Federal Law "On the procedure of calculation and increases in public pensions", adopted by the State. 06.23.1997 Duma, the Federation Council approved 07.03.1997, published in "Rossiyskaya Gazeta" 07.24.1997:Article 1. To establish that the state pension, calculated according to the norms of the Law of the Russian Federation "On State Pensions in the Russian Federation", in connection with the growth of wages in the country are subject to the assessment and increased by the use of the individual coefficient of the pensioner.The individual coefficient is determined by multiplying the retiree pension Percentage relying depending on length of service, the ratio of the average monthly salary for a specified period, of which the pension is calculated, the average monthly wages in the country over the same period. ...In determining the individual rate is the ratio of average monthly earnings of the pensioner retired to the average monthly wage in the country is taken into account in the amount of not more than 1.2 regardless of the basis for assigning pension.The amount of pension is set in rubles based on the average wage in the country for the preceding quarter-to-retiree ratio. ...
Article 3. Explain ... Article 7 of the Law of the Russian Federation "On State Pensions in the Russian Federation" (... 1990 ...) as follows: "Article 7 .... With the increasing wages in the country are subject to the calculation of pensions and increased by the use of the individual coefficient pensioner ..."
Russian President Boris Yeltsin
Further recommendations have been published on the application of the Federal Law number 113. They were not published and were not registered by Ministry of Justice. In June 1998, the Supreme Court of recommendations canceled. GKPI 98-191 * DECISION 18 June 1998: "Supreme Court of the Russian Federation in the person of Judge Supreme Court of Fedina AI Fedotov with the prosecutor, having considered the ... civil case on the complaint Tsederbaum YY to paragraph 8.4 of the Recommendations on the implementation of the Federal Law of 07.21.1997 № 113-FZ "On the procedure of calculation and increase the state. pensions" set:December 1, 1997 Deputy Minister of Labour and Social Development of the Russian Federation and the December 4, 1997 Chairman of the Board of the Pension Fund of the Russian Federation issued (approved) Guidelines for the implementation of the Federal Law of 07.21.1997, № 113-FZ "On the procedure of calculation and increase public pensions ".Tsederbaum YY asked the Supreme Court of the Russian Federation with the complaint, which raised the issue of invalidation of 8.4 Recommendation, which provides that limitation of 1.2 (the average monthly salary in the country) is subject to the total amount of pensions, including all installed pension legislation allowances, increase and, in appropriate cases, payment of compensation established for retirement.According to the petitioner, this item Recommendations contrary to the requirements of the Federal Law that applies this restriction to the total amount of pensions (those entitled to two pensions) without including the (amount of) allowances, promotions and other compensations. ...In accordance with Section 10 of Presidential Decree 23.5.1996 № 763 "On the Procedure of Publication and entry into force of the Acts ... normative legal acts of federal executive bodies' normative legal acts of federal executive authorities ... have not passed state. registration and registered, but not published in the prescribed manner shall not entail legal consequences as not yet effective ...This court found that the Ministry of Labor and Social issued. Development of the Russian Federation and the Russian Pension Fund Guidelines contain provisions normative because they (these provisions, including 8.4 Recommendations) prescribe certain rules with legal effect ...In particular, paragraph 8.4 Recommendations prescribe limit of 1.2 total amount of pensions, including all allowances provided for by the pension legislation, improving and, in appropriate cases, payment of compensation established for retirement. Thus, the recommendations are ... an act affecting the rights, freedoms and duties of man and citizen ... and therefore ... subject to state. registration and official publication ... Recommendations were not registered in the Ministry of Justice and are officially published. In such a situation ... the court finds that issued by the Ministry of Labor and Social. Development of the Russian Federation and the Russian Pension Fund Guidelines can not be recognized as legitimate ...At the hearing established that these recommendations were directed to the use of the work (in fact - for the application) in the jurisdiction of the Ministry of Labor and Social Development of the Russian Federation and the bodies of the Pension Fund of the Russian Federation ...In this regard ... Recommendations ... do not have the power, do not entail legal consequences ... on the heads of the Ministry of Labor and Social Development of the Russian Federation and the Russian Pension Fund ... shall be the duty of the authorities to revoke an instrument. ...In addition, the court found that the applicant appealed against 8.4 Recommendations to conflict with federal law and to the point.Recommendations ... position provides that the limitation in the amount of 1.2 ... shall be the sum of all pensions, including all allowances ..., ... and increase compensation payment ... Meanwhile, the inclusion in the total amount of pensions (those receiving two pensions) provided by the Law of allowances, promotions and compensation for the subsequent restrictions resulting total size of 1.2 ... does not match the item. 7 of the Law of the Russian Federation of November 20, 1990 "On State. Pensions in the Russian Federation" (as amended by the Federal Law dated 21.7.1997 № 113-FZ).Namely Article 7 of this law has a limit of 1.2 of the average wage in the country. The provision of Art. 7 is a novel mechanism of calculus (increase) of the basic pension is only under this Act, that is, the size of pensions, determined on the basis of the individual coefficient of the pensioner. The questions allowances and enhancements to the pension is not regulated by Art. 7, and Articles 21 and 110 of the Federal Law "On State Pensions in the Russian Federation."
Not undergone a change with the adoption of the Federal Law of 21 July 1997 and Art. 111 of the Act, under Part III of which pension allowances are not limited to the maximum amount.
Analysis of the articles of the RF Law "On State Pensions in the Russian Federation" suggests that the limitation of the size of 1.2 ... shall be the total amount of the two pensions (when receiving their retiree) without the inclusion of this amount ... promotions ... and compensation .. .Supreme Court decided the complaint Tsederbaum Yuri Yakovlevich meet. Recommendations for the implementation of the Federal Law of 21.7. 1997 № 113-FZ "On the procedure of calculation and increase the state. Pensions", approved 01.12.1997 first deputy. Ministry of Labor and Social. 12/04/1997 Development and the Chairman of the Board of the Pension Fund of the Russian Federation illegal (invalid) from the date of publication ... "So canceled recommendation to the application of the Federal Law number 113, because they do not correspond to the item. 7 of the same law number 113 and, in addition, these recommendations have not been registered with the Ministry of Justice and published as required by law. THEN THERE WAS CANCELLED LIMITATION 1.2 for the full amount of pension.And know what state was Yeltsin, when he signed the law, as in it st.st.1, 3 refers to the relation of average pension to average monthly earnings = 1.2, and in Article 4 of the fact that this ratio can not exceed 0.7.So, to continue to act COMMON LAW № 340-1, in which CT. 7 are set forth in the Federal Law № 113 EDITORIAL. However, kept and Art. Article 12, 18, on which pension had to be increased to 3 and 3.5 times. In any case, the coefficient of 1.2 could not limit, according to the canceled Recommendations premiums for hazardous working conditions.Amendments to the Federal Law SAME № 340-1 VNISI UP TO 27 NOVEMBER 2001
THUS Supreme Court of not taken care that the laws number 113, that is, new version of Article. 7 340-1 LAW OR OTHERWISE ST. 12 AND 18 OF THE SAME LAW OR NOT AFFECT HER AT ALL, as soon Supreme Court of, about the size of a pension, only refer to Article 21 and 110.
BECAUSE ST. 21 and 110 of the Federal Law № 340-1, relied upon by the Supreme Court of, was not talking about hazardous industries, AND ARE DISABLED on allowances, disabled war veterans, ETC
In December 2001, as mentioned above, the adoption of the new Pensions Act, repealing the Federal Law № 340-1 in general, and in which they were entered the base, the insurance and the funded part of the pension. Here is the summary:Federal Law № 173 dated 17.12.2001 "On labor pensions in the Russian Federation" 17.12.2001:Adopted by the State. Duma on 30 November 2001, approved by the Federation Council on December 5, 2001 (as amended. Federal laws of 25.07.2002 № 116-FZ, dated 31.12.2002 № 198-FZ). The present Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law "On Mandatory Pension Insurance in the Russian Federation" installed base and the order of occurrence of the right of citizens of the Russian Federation on occupational pensions.Chapter I. GENERAL PROVISIONSArticle 1. The legislation of the Russian Federation on occupational pensions1. Occupational pensions are set and paid in accordance with this Federal Law. ...3. In the cases provided for by this Federal Law, the Government of the Russian Federation defines the procedure for exercising the right of citizens of the Russian Federation for the occupational pensions and the conditions for establishing these pensions to certain categories of citizens. ...Article 2. Key terms used in the present Federal Law. For the purposes of this Federal Law the following basic concepts:retirement pension - a monthly cash payment to compensate for the citizens of the salary or other income ...length of service - included in the determination of the right to a retirement pension the total duration of the periods of work and (or) other activities for which the premium paid to the Pension Fund of the Russian Federation ...current pension assets - ... total amount of insurance premiums and other revenues to the Pension Fund of the Russian Federation ... which is the basis for determining the amount of insurance part of pensions ...an individual's personal account - a set of information received insurance premiums for the insured person and other information about the insured person, containing his identification signs in the Pension Fund of the Russian Federation ...Special Section individual account ...retirement savings - a set recorded in a special part of the individual account funds ...Section 4. The right to choose the pension1. Citizens are entitled to the simultaneous production of various types of pensions ... set a pension of their choice.2. In cases stipulated by the Federal Law "On State Pensions in the Russian Federation", allowed the simultaneous production of pensions for state pensions, established in accordance with this Federal Law and the retirement pension (part of the retirement pension), established in accordance with this Federal Law ...Article 5. Types of pensions and their structure1. ... The following types of pensions: 1) the old-age pension, 2) retirement pension, disability, and 3) retirement pension survivor.2. Old-age pension and retirement pension, disability may consist of the following parts:1) the base part, and 2) the insurance part, and 3) the storage of ...Article 6. Financing of pensions...3. The establishment of the funded part of the pension is the availability of funds, recorded in a special part of the individual's account insured.Chapter II. TERMS OF USE OF LABOR OF PENSIONSArticle 7. The terms of appointment old-age pension1. The right to a retirement pension for old age are men who have reached the age of 60 and women over the age of 55 years.2. Old-age pension shall be appointed in the presence of at least five years of insurance ...Chapter III. Insurance experienceArticle 10. Periods of work and (or) other activities that are included in the insurance period1. In the insurance period includes periods of work and (or) other activities that are carried out on the territory of the Russian Federation by the persons referred to in Section 3 of this Federal Law, provided that during these periods of the premium paid to the Pension Fund of the Russian Federation ...Chapter IV. Retirement pensionsArticle 14. Retirement pensions for old age1. The size of the base of the old-age pension is set in the amount of 450 rubles a month.2. Persons aged 80 years or are disabled, have limited capacity for employment III level, size of the base of the old-age pension is set in the amount of 900 rubles a month ...5. The insurance of the old-age pension is determined by the formula: MF = PC / T, whereMF - the insurance part of labor pensions for old age, a PC - pension funds, measured as of the day on which the appointed insurance part of labor pensions for old age, and T - the number of months the expected period of payment of old-age pension, used to calculate the pension insurance part of this, is 19 years (228 months) ...
8. The sum of the base portion and the insurance part of the old-age pension can not be less than 660 rubles a month.
9. The size of the storage of the old-age pension is determined by the formula: LF = PN / T, whereBass - the size of the funded part of the pension, MO - the amount of retirement savings a special part of his individual account as of the day on which it is assigned a funded part of labor pension for old age, and T - the number of months the expected period of payment of old-age pension ...11. The size of the labor retirement pension is determined by the formula:P = CU + MF + LF, whereM - the size of old-age pension; warhead - the basic part of old-age pensions (items 1 - 4 of this article); midrange - the insurance part of the old-age pension (paragraph 5 of this article), LF - funded part of the old-age pension (paragraph 9 of this article) ...Chapter VI. ORDER OF CONSERVATION AND CONVERSION(CONVERSION) Prior rightsArticle 27. Preserving the right to early retirement pension appointment
1. Old-age pension shall be appointed before reaching the age established by Article 7 of this Federal Law, the following persons:
1) men on reaching the age of 50 and women after the age of 45 years, provided they have respectively at least 10 years and 7 months to 6 years of underground work, work in hazardous conditions and in hot shops and have a length of service respectively, at least 20 and 15 ...Russian President Vladimir Putin, The Kremlin, Moscow, 17.12.2001
So, the Federal Law number 173 actually abolished the increased pension list number 1 and for all set the same basic pension 450 p.ALTHOUGH pensioners working in hazardous industries, STILL PAY FOR ST. 16 P. Act of 1956 and ...Thus, the Duma made three sharps Changeling: 1) Article number 16 in 1956 - instead of Article 16 of the Federal Law № 341-1, 2) ratio of 1.2 tampered factor of 0.7 in the Federal Law number 113, and 3) Recommendations on the Application of Federal Law № 113 - FZ number instead of 113, with the introduction of restrictions on supplements to pensions.
When was the Federal Law number 113, retirees announced that "all who wish to receive a pension under the new law, can write an application." In fact, people have presented recommendations as canceled Supreme Court of the Federal Law number 113. That nowhere none of ordinary citizens have not. Naturally, the recommendations could not be mandatory, and because "who wants to let him get on and Recommendations."No statements nobody wrote, but pensions are still paying on the "Federal Law № 113", I mean, on a recommendation. And if the first law of individual coefficient = 1.2, in its Article 4, he = 0.7, then paid at a rate of 0.525 ... =By hook or by crook got rid of the Moscow Art. 12 and 18 of the Federal Law № 340-1, and worked in hazardous work left only the right to early retirement.
Boris Ikhlov, based on AP Bazhenova Russian political organizations "Worker", May 2007
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