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On Amendments To Certain Legislative Acts Of The Russian Federation On The Issues Of Pension

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросам пенсионного обеспечения

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RUSSIAN FEDERATION FEDERAL LAW On amendments to selected legislative acts of the Russian Federation on pension issues adopted by the State Duma 4 July 2008 Approved by the Federation Council on 11 July 2008 Article 1 Article 7 of the Law of the Russian Federation dated February 12, 1993 N 4468-I " About pension provision Persons performing military service, service in the internal affairs agencies, the State Fire Service, the bodies responsible for controlling the traffic in narcotic drugs and psychotropic substances, institutions and bodies of the penal correction system and their families " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 328; Legislative Assembly of the Russian Federation, 1995, No. 49, art. 4693; 1998, N 30, sect. 3613; 1999, N 23, 2813; 2000, N 50, sect. 4864; 2002, N 30, sect. 3033; 2003, N 27, sect. 2700; 2004, N 35, sect. 3607; 2006, N 52, sect. 5505; 2007, N 50, Text 6232; 2008, No. 19, sect. 2098), the following changes: 1) in the first word "(subject to the exceptions set out in parts two and three of this article)" should be replaced by the words "(subject to the exceptions set out in this article)"; 2) to be completed by part The fourth content is: "Persons referred to in article 1 of this Law, subject to the conditions for the appointment of an old-age pension under article 7 of the Federal Act on labour pensions in the Russian Federation" The right to receive a pension at the same time Disabled persons under this Act and the old age pension (with the exception of its basic part), established under the Federal Act on Labour Pensions in the Russian Federation. ". Article 2 Act No. 166-FZ of 15 December 2001 on State pension provision in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4831; 2004, N 19, sect. 1835; N 35, sect. 3607; 2006, N 48, sect. 4946; N 52, sect. 5505) the following changes: 1) to add Article 3 to paragraphs 5 and 6 as follows: " 5. Federal civil servants who have at least five years of insurance experience during periods of work and (or) other activities, as provided for in article 10 of the Federal Act on Labour Pensions in the Russian Federation, have the right to Simultaneally receipt of the retirement pension provided for in this Federal Act and the share of the insurance part of the retirement pension, established in accordance with the Federal Act on labour pensions in the Russian Federation " On the basis of the estimated pension capital formed at the expense of the Federation The amount of insurance contributions received for the insured person in the Pension Fund of the Russian Federation after the appointment of a retirement pension for a period of not less than 12 full months of work and (or) other activities, including the amount of its increase in connection with Indexing and additional increases in accordance with article 17, paragraph 7, of the Federal Act. 6. Military personnel (excluding citizens who were recruited as soldiers, sailors, sergeants and sergeant conscripts) on the basis of the old age pension provided by article 7 of the Federal Labour Act. Pensions in the Russian Federation "are entitled to the simultaneous receiving of a retirement pension or a disability pension provided for in the Russian Federation's Act" On pensions for persons who have performed military service, service in the internal organs of the Russian Federation ". State Fire Service, control of traffic and the insurance part of the old age pension, established under the conditions and in the manner prescribed by the Federal Act " in the Russian Federation "."; 2) to supplement article 14 with paragraph 3 as follows: " 3. In determining the amount of the retirement pension in the manner prescribed by paragraph 1 of this article, the share of the insurance part of the employment pension calculated in accordance with the Federal Law on Labour Pensions in the Russian Federation is not taken into account. On the basis of the estimated pension capital formed from the total amount of insurance contributions received for the insured person to the Pension Fund of the Russian Federation after the appointment of a retirement pension for a period of not less than 12 full months other activities, including increases relating to indexing and Additional increases in accordance with article 17, paragraph 7 of the Federal Law. ". Article 3 Article 3 Amend the federal law 1) Article 12, paragraph 1, should be supplemented with the following paragraph: " In calculating the length of insurance period required for the acquisition of the right to an insurance part of the retirement pension by citizens, Persons who receive a retirement pension or a disability pension under the Russian Federation's Act " On pensions for persons who have performed military service, service in the internal affairs bodies, the State Fire Service, and bodies for Control of Trafficking in Narcotic Drugs and Psychotropic Substances, Institutions and Organs and their families ", the insurance period does not include periods of service preceding the appointment of a disability pension, or periods of service, work or other activity taken into account in determining the length of the retirement pension in the in accordance with the Act. "; (2) paragraph 1 of article 17, paragraph 3, after the word" Persons "to be supplemented with the words" (except those entitled to the share of the insurance part of the labour pension under Article 17-1 of the present of the Federal Law and its establishment) "; 3) Chapter IV supplement Article 17-1 as follows: " Article 17-1. The share of the insurance part of the labor pension, federal civil servant 1. Federal civil servants who have at least five years of contributory service, which includes the periods referred to in paragraph 2 of this article, upon their application (instead of re-calculating the insurance part of the relevant labour pension) Article 17 (3) of this Federal Act) is entitled to the share of the insurance part of the retirement pension for the length of service received under the Federal Act on State Pensions in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The total amount of insurance contributions received for the insured person in the Pension Fund of the Russian Federation after the appointment of a pension for a service for a period of not less than 12 full months of work and/or other activity. In establishing the share of the insurance part of the labour pension, these insurance contributions may not be used to recalculate the insurance part of the corresponding occupational pension, as provided for in article 17, paragraph 3, of this Federal Act. 2. The insurance period referred to in paragraph 1 of this article shall include periods of work and (or) other activities provided for in article 10 of this Federal Act, including the periods of service recorded in the calculation of the length of service of the public service For the purpose of the retirement pension, under article 19 of the Federal Act on State Pension Provision in the Russian Federation, and the periods of work and/or other activity taken into account for the purpose of an old-age pension, or A disability pension, to which a retirement pension has been established. 3. The share of the insurance part of the labor pension is determined by the formula: Sd = Pks/T, where SJ is the amount of the share of the insurance part of the labor pension; Pkd is the sum of the estimated pension capital of the insured person, For the period from the date of the retirement pension, in accordance with the Federal Law "On State Pension Provision in the Russian Federation", until the day from which the insured portion of the labour pension is established; T is the number of months in which an old-age pension is expected to be paid (art. 14, para. 5 of this Federal Act), as of the day immediately preceding the day from which the proportion of the insurance part of the labour pension is established. 4. The insurance part of the occupational pension provided for in this article applies the adjustment, indexation and additional increase rules, as well as the order of appointment (including terms of appointment), recalculation of the amounts, and payments (including translation for OF THE PRESIDENT OF THE RUSSIAN FEDERATION In establishing the insurance part of the old age pension, persons who receive a retirement pension or a disability pension under the Russian Federation's Act on Pension Provision for Persons Serves Military Service, Service in the internal affairs agencies, the State Fire Service, the bodies for control of trafficking in narcotic drugs and psychotropic substances, institutions and bodies of the penal correction system and their families ", the total length of service is not included Periods of service preceding the assignment of a disability pension, or periods The service, work and other activities covered in the determination of the length of the retirement pension under the Act. ". Article 4 1. This law shall enter into force on the date of its official publication. 2. The provisions of article 7 of the Russian Federation Law of 12 February 1993, No. 4468-I " On pension provision for persons who have performed military service, of the internal affairs agencies, the State Fire Service, the authorities for the control of the traffic in narcotic drugs and psychotropic substances, the institutions and bodies of the penal correction system and their families " (as amended by the present Federal Act); Article 3, paragraph 6 of the Federal Law dated December 15, 2001 N 166-FZ " On State Pensions in the Russian Federation " (in the wording of this Federal Law), Federal Law dated December 17, 2001 N 173-FZ "On Work Pensions in the Russian Federation" (as amended by this Federal Law) Old-age pension for citizens who receive a pension for A seniority or a disability pension under the Russian Federation Act of 12 February 1993, No. 4468-I " On pension provision for persons, The military service, the internal affairs agencies, the State Fire Service, the bodies for the control of the traffic in narcotic drugs and psychotropic substances, the institutions and bodies of the penal correction system and their families ", have been extended to legal relations that have arisen since 1 January 2007. 3. Provisions of the Federal Law of 15 December 2001 N 166-FZ "On State Pension Provision in the Russian Federation" (in the wording of the present report) Federal Act No. 173-FZ of 17 December 2001 on labour pensions in the Russian Federation (as amended by the Federal Act) of the law) concerning the establishment of a federal State employee for the retirement pension received under the Federal Act of 15 December 2001 No. 166-FZ " On State Pensions in the Russian Federation ", the share of the insurance part of the labor pension apply to legal relations that have arisen since 1 January 2008. 4. Provisions of the Federal Act of 17 December 2001 No. 173-FZ on labour pensions in the Russian Federation (as amended by the present Federal Law) Part of the determination of the share of the insurance part of the labor pension applies to State employees of the constituent entities of the Russian Federation and municipal employees, who are paid in accordance with the laws and other normative legal acts of the constituent entities of the Russian Federation. of the Federation and the acts of the local self-government bodies The service of the Act of 1 January 2008 applies to the legal relations that have arisen since 1 January 2008. 5. In calculating the insurance period required to acquire entitlement to the insurance part of the retirement pension by citizens who receive a retirement pension or a disability pension under the Russian Federation Act dated February 12, 1993 N 4468-I " On pensions for military service personnel, the State Fire Service, the authorities of narcotic drugs and psychotropic substances, of the penal correction system and their families ", and the rights to the share of the insurance part of the labour pension by federal civil servants, include periods of work and (or) other activities provided for by Federal Law dated December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" (as amended by this Federal Law) The force of this Federal Law. 6. Part 5 of this article applies to the calculation of the insurance period required for the acquisition of the right to share of the insurance part of the labour pension by civil servants of the constituent entities of the Russian Federation and municipal employees who are entitled to In accordance with the laws and other normative legal acts of the constituent entities of the Russian Federation and the acts of the local self-government bodies, the pension for the length of service. 7. Payment of the insurance part of the old age pension under the Federal Act of 17 December 2001 No. 173-FZ On Work Pensions in OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102123425&backlink=1 & &nd=102021567 "target="contents"> dated February 12, 1993 N 4468-I " O Persons performing military service, service in the internal affairs bodies, State Fire Service, bodies responsible for control of traffic in narcotic drugs and psychotropic substances, institutions and bodies of the penal correction system system, and their families ", and payment of the share of the insurance part of the employment pension under the Federal Act of 17 December 2001 No. 173-FZ" On Labour OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a) Federal civil servant's retirement pension received under the Federal Act of 15 December 2001 N 166-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION by the acts of the local self-government bodies, the retirement pension, are an obligation of the Pension Fund of the Russian Federation and are carried out at the expense of the insurance part of the employment pension. 8. In the event of the death of a pensioner who received a retirement pension or a disability pension under the Russian Federation Act of 12 February 1993 of the year N 4468-I " On pension provision for persons who have performed military service, service in the internal affairs agencies, the State Fire Service, the bodies responsible for controlling the traffic in narcotic drugs and psychotropic substances, institutions and organs of the penal correction system and their families " The entry into force of this Federal Act for the appointment of an insurance part of an old-age pension which is not established in time due to the absence of a legal mechanism to regulate it, the amount of which is owed to it by the insured person. Part of the old age pension is paid to family members who are referred to the persons referred to in article 9, paragraph 2, of the Federal Act of 17 December 2001 OF THE PRESIDENT OF THE RUSSIAN FEDERATION were living together with a pensioner on the day of his death, if an appeal for an unreceived insurance part of the old age pension was followed no later than six months after the date of the entry into force of this Federal Law. When several members of the family are treated for these amounts, the insured portion of the old age pension is allocated to them in equal shares. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin July 22, 2008 N 156-FZ