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On Amendments To The Federal Law "on State Pensions In The Russian Federation And Article 39 Of The Federal Law" On State Civil Service Of The Russian Federation "

Original Language Title: О внесении изменений в Федеральный закон "О государственном пенсионном обеспечении в Российской Федерации" и статью 39 Федерального закона "О государственной гражданской службе Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Act on State Pensions in the Russian Federation and Article 39 of the Federal Law "On State Civil Service Russian Federation" Adopted by the State Duma on July 1, 2009 Approved by the Federation Council on 7 July 2009 Article 1 Article 1 dated December 15, 2001 N 166-FZ " On state pension provision in the Russian Federation " (Russian legislature, 2001, N 51, p. 4831; 2002, N 30, est. 3033; 2003, N 27, sect. 2700; 2004, No. 19, sect. 1835; N 35, sect. 3607; 2006, N 48, sect. 4946; N 52, sect. 5505; 2007, N 16, sect. 1823; 2008, N 30, sect. 3612) the following changes: 1) in article 2: (a) in the second paragraph of the "public service" substitute "federal civil service"; b) the third paragraph, after "seniority" to be supplemented by the word "civil", after the word "state" in the words "civil"; (c) paragraph 6, amend to read: " federal civil servants-citizens who replaced positions State civil service, civil service, Federal Public Service posts, federal civil servants (hereinafter referred to as the federal civil service); "; g) to add the following paragraph: " salary-monthly salary of a federal civil servant in accordance with the post of the federal civil service, the salary of a federal civil servant, by decrees of the President of the Russian Federation. "; 2) Article 3, paragraph 5, after the word "State" to supplement the word "civil"; (3), paragraph 1, subparagraph 1, of article 4, after the word "State", add the words "civilian"; " Article 7. The conditions for the appointment of pensions to the federal state civil servants 1. Federal civil servants with at least 15 years ' experience in the civil service and at least 12 full months of federal civil service are entitled to a retirement pension Dismissal from the federal civil service on the grounds provided for in paragraphs 1 to 3, 6 to 9 of article 33, paragraph 1, article 37, paragraph 1, paragraphs 2 to 4 of part 1 and article 39, paragraphs 2 to 4, of the Federal Act of 27 July 2004 79-FZ "On the Civil Service of the Russian Federation" (hereinafter referred to as the Federal Service of the Russian Federation) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal civil servants on separation from the federal civil service on the grounds provided for in paragraphs 1, 2 (except in the case of expiration of a fixed-term appointment) The expiry of the term of office of a federal civil servant who replaced the post of federal civil service in the "leader" or "assistant (adviser)" category Articles 33 (1) (b), 37 (1) (b), 37 (1) and 39 (4) of the Federal Act on Civil Service of the Russian Federation. They were entitled to an old age (disability) pension and immediately before the dismissal of the federal civil service posts for at least 12 full months. Federal civil servants on separation from the federal civil service on the grounds provided for in paragraphs 2 (2) (in the event of expiry of a fixed-term appointment due to the expiry of the term of a federal civil servant who has replaced a federal civil service in the "leader" or "assistant (adviser)" category Article 33, paragraph 1 (a), article 33, paragraph 1 (a), article 33, paragraph 1 (a), article 33, paragraphs 2 to 4, and article 39, paragraphs 2 and 3, paragraphs 2 and 3, of the Federal Act on the Civil Service of the Russian Federation shall have the right to a retirement pension if immediately before they were dismissed, they replaced the federal civil service posts of at least one full month, with the total replacement of not less than 12 full months. 2. The retirement pension shall be payable to the old age (disability) pension appointed under the Federal Act on Labour Pensions in the Russian Federation and shall be payable at the same time. 3. Pensions for length of service shall not be paid during the period of public service of the Russian Federation, in succession to the State position of the Russian Federation, State position of the constituent entity of the Russian Federation, municipal post, Permanent, municipal and inter-State (intergovernmental) bodies established with the participation of the Russian Federation in posts subject to international treaties OF THE PRESIDENT OF THE RUSSIAN FEDERATION The length of service is in the order and under the conditions set for federal civil servants. Upon the subsequent dismissal from the State service of the Russian Federation or the exemption of those posts, the payment of the retirement pension shall be renewed from the day following the day of dismissal from the said service A citizen who has applied for renewal. 4. The conditions for granting the right to a pension to State civil servants of the constituent entities of the Russian Federation and municipal employees by means of the budgets of the constituent entities of the Russian Federation and the means of local budgets shall be determined by laws and other regulations. by the normative legal acts of the constituent entities of the Russian Federation and acts of local authorities. "; 5) in article 14: (a) the name after the word" State "should be supplemented by the word" civil "; (b) paragraph 1 The following wording: " 1. Federal civil servants are entitled to a retirement pension, with a minimum of 15 years of public service in the amount of 45 per cent of the average monthly earnings of a federal civil servant A deduction of the basic and insurance part of the old age (disability) pension established under the Federal Act on Labour Pensions in the Russian Federation. For each full year of public service in excess of 15 years, the retirement pension is increased by 3 per cent of the average monthly wage. At the same time, the total amount of the retirement pension and those parts of the old age (disability) pension may not exceed 75 per cent of the average monthly salary of a federal civil servant determined according to article 21 of this Federal Law. "; 6), amend to read: Article 19. The State Civil Service of the State Civil Service for the purpose of retirement pension for the service of the federal civil servants shall be included in the procedure established by the Government of the Russian Federation. The periods of service (work) in the positions of the federal civil service and other positions determined by the President of the Russian Federation. "; (7) Article 21 should read as follows: " Article 21. The average monthly earnings from which the federal state civil servants ' pension is calculated 1. The amount of the federal civil servant's retirement pension is calculated from their average monthly earnings for the last 12 full months of the federal civil service, preceding the day of its termination or the day of achievement They are entitled to a retirement pension provided by the Federal Law on Labour Pensions in the Russian Federation. 2. Average monthly wage, based on which a federal civil servant is entitled to a retirement pension, except for the calculation of the average monthly wage in accordance with the second The paragraph may not exceed 2.8 of the official salary (0.8 monetary remuneration) of the federal civil servant in the relevant period, or retained in the relevant period in accordance with the law. of the Russian Federation. Average monthly wage, including the Russian Federation's legislation on the basis of which a federal civil servant is entitled to a retirement pension as defined by the law of the Russian Federation. In accordance with Federal Act No. 3 of 8 May 1994 on the status of a member of the Federation Council and the status of a member of the State Duma of the Federal Assembly of the Russian Federation, The Federal Law "On the Procurator's Office of the Russian Federation" may not exceed The corresponding period of 2.8 official salary, fixed by the President of the Russian Federation after 1 August 2006, in accordance with the relevant position of the federal civil service. The list of the positions to be replaced by these persons is approved by the President of the Russian Federation with regard to the salaries of the federal civil service in respect of the salary levels for which they are entitled to the amount of pension for the length of service. THE RUSSIAN FEDERATION 3. The procedure for determining the average monthly wage from which the amount of the federal civil service pension is calculated is determined by the Government of the Russian Federation. "; 8) paragraph 2 of article 22, paragraph 2, should be completed The following sentence is proposed: " The recalculation of pensions for the length of service of federal civil servants may be effected by the application of the provisions of articles 14 and 21 of this Federal Act in the case of post-appointment Seniority pensions The civil service, which determines the amount of the retirement pension, and (or) the replacement of the federal civil service for at least 12 full months with a higher salary. "; 9) In article 25, paragraph 2, after the words "Federal State pensions", after the words "(monetary remuneration) of the federal state", add the word "civil". Article 2 Paragraph 3 of Part 1 Article 39 of the Federal Law dated July 27, 2004 N 79-FZ " On the Civil Service of the Russian Federation " (Russian Federation Law Assembly, 2004, N 31, p. 3215), amend to read: " 3) in connection with the election or appointment of a civil servant in the State position of the Russian Federation, a State post of the constituent entity of the Russian Federation or a municipal post, or The election of a civil servant for an elected office in the body of a trade union, including in the elected body of the primary trade union organization established in the public authority; ". Article 3 1. The amount of the retirement pension for the federal civil servants appointed prior to the date of entry into force of this Federal Act shall be recalculations effective 1 January 2009, subject to the provisions of articles 14 and 21 of the Federal Act dated December 15, 2001 N 166-FZ "On State Pensions in the Russian Federation" (in the version of this Federal Law). 2. In the event that the average monthly earnings from which the retirement pension is recalculations from 1 January 2009 does not exceed 2.8 of the salary levels applicable at the time of the recalculation, the recalculation is made from the average monthly salary A salary increased by a factor of 1.22. At the same time, the increased average monthly wage may not exceed 2.8 salary levels applicable at the time of the calculation. 3. In the event that the total amount of the retirement pension and the old age (disability) pension is reduced in accordance with this article, it shall be payable in the same amount until the time when the pension is granted The right to receive a retirement pension in large amounts in accordance with articles 14, 21, 22 and 25 of the Federal Act of 15 December 2001 N 166-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the present Federal Act) as a result of an increase or indexation in accordance with the established procedure. Article 4 1. This law shall enter into force on the date of its official publication. 2. Effect of the provisions of paragraphs 2, 3, 6 and 11 of article 2, article 3, paragraph 5, article 4, paragraph 1, paragraph 1, article 7, paragraphs 1, 2 and 4, article 14, paragraph 1, article 19 and article 21, paragraph 2 of article 25 of the Federal Law dated December 15, 2001 N 166-FZ "On State Pensions in the Russian Federation" (as amended by this Federal Law) has been extended to legal relations that have arisen since 1 January 2009. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 18 July 2009 N 187-FZ