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On Amendments To The Federal Law "on Compulsory Social Insurance In Case Of Temporary Disability And Maternity"

Original Language Title: О внесении изменений в Федеральный закон "Об обязательном социальном страховании на случай временной нетрудоспособности и в связи с материнством"

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RUSSIAN FEDERATION FEDERAL LAW amending Federal Law " On compulsory social insurance in cases of temporary disability and in connection with motherhood " Adopted by the State Duma on 24 November 2010 Approved by the Federation Council on 1 December 2010 (In the wording of Federal Law dated 25.02.2011 N 21-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 18; 2009, N 30, est. The following changes: 1) in Part 1 of Article 1-1 of the words "Federal Act" On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Fund In accordance with the provisions of the Federal Law of 24 July 2009 on insurance contributions to the Pension Fund of the Russian Federation, the Russian Federation Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund Compulsory health insurance funds (hereinafter referred to as the Federal Law on Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund and Article 3, paragraph 1 (2), of the compulsory health insurance fund ")"; 2) compulsory social insurance in cases of temporary incapacity for work and maternity, in accordance with article 4-5 of this Federal Law) for the first three days of temporary incapacity to work at the expense of the insured person, and for the rest of the period from the fourth day of temporary incapacity to work at the expense of the funds The budget of the Social Insurance Fund of the Russian Federation; "; 3) in Article 4-1: (a) Part 1 to supplement paragraph 4 with the following: " 4) to verify the information about the insured person (s) who issued it. (a) (...) (...) Payment and remuneration (hereinafter referred to as the earnings certificate) for the calculation of benefits for temporary incapacity for work, pregnancy and childbirth, monthly child care allowance by sending a request to the territorial body of the insurer on the form and in accordance with the procedure established by the federal executive body responsible for the formulation of public policies and regulatory and regulatory measures in the area of social insurance. "; b), paragraph 3 of Part 2 In addition to the words "as well as to issue to the insured person on the day of the cessation of work" (service, other activity) or written application of the insured person after termination (service, other activity) of the insured person no later than three working days from the day of submission of the application to a certificate of the amount of earnings for the two The calendar year prior to the year of termination (service, other activity) or year of reference for the amount of the earnings and the current calendar year for which the insurance premiums were assessed, in the form and in the manner prescribed by the federal executive body responsible for the formulation of the State social insurance policy and regulatory framework "; 4), article 4, paragraph 2, paragraph 2, after the words" to receive from the policyholder "to supplement the words" certificate of earnings, as well as "; 5) of article 5, paragraph 2 After the words "compulsory social insurance", add the words "in case of temporary disability and maternity"; (6) in article 7: (a) (b) Part 7, to read: " 7. In the case of temporary incapacity to work, which occurred during the period of inactivity and continued during the period of downtime, the allowance for temporary inability to work during the period of inactivity is paid in the same amount as the salary is maintained for that period, but not above the amount of the temporary disability benefit that the insured person would receive under the general rules. "; 7), article 9, paragraph 5, shall be supplemented by paragraph 5, reading: " 5) for the period of inactivity, except in cases of inactivity, provided for in article 7, paragraph 7, of this Federal Act. "; 8) In article 13: a), Part 2 should read: " 2. In the case where the insured person is employed at the time of the insured event, and in the two preceding calendar years, the insured person is employed by the same insured persons, the temporary disability benefits, the maternity allowance are appointed and paid by the insured persons at all places of work (services, other activities), and the monthly allowance for the care of a child who is insured at one place of work (service, other activity) of the choice of the insured person is calculated On the basis of the average earnings determined in accordance with article 14 of the Federal law, during the period of operation (service, other activity) of the insurer who appoints and pays the benefit. "; b) to supplement Parts 2 to 1 and 2-2 as follows: " 2-1. If the insured person is employed at the time of the insured event, and in the two preceding calendar years, the insured person has been employed by other insured persons (the other insured person), the temporary incapacity benefits, Pregnant and childbirths, monthly childcare benefits are assigned and paid to him by the insured person at one of the last places of work (service, other activity) of the choice of the insured person. 2-2. If the insured person is employed by several insured persons at the time of the attack, and in the two previous calendar years, it has been employed by both the insured person and the other insured (the other insured), the temporary assistance benefits. Incapacity, pregnancy and childbirth are assigned and paid to him or her under Part 2 of this article by the insured persons at all places of work (service, other activity) based on average earnings per working time (service, other (a) by the insured person who appoints and pays the benefit or in accordance with Part 2-1 of this article by the insured person of one of the last places of work (service, other activity) of the choice of the insured person. "; in Part 5, amend to read: " 5. For the purpose of appointing and paying benefits for temporary inability to work, the insured person represents the disability issued by the Medical Organization in the form and in the manner prescribed by the federal authority. The executive branch, which is responsible for the formulation of public policies and regulations in the area of social insurance, the reference (certificate) of the amount of earnings from which the benefit is to be calculated, from the place (s) of work (service, other activity) from another insurer (for other insurers), and for the purpose and payment of these benefits by the territorial body of the insurer-a certificate (s) on the amount of earnings from which the benefit is to be calculated, and documents determined by the said federal executive authority Insurer period. "; g) to be completed with Part 5-1 as follows: " 5-1. In the cases referred to in Parts 2 to 1 and 2 to 2 of this Article, the insured person for the appointment of benefits for temporary inability to work, pregnancy and childbirth to the insured person for one of the last places of work (service, other activity) The choice of the insured person shall also be provided by the help (s) from the place of work (service, other activity) from another insured person (from other insured persons) that the appointment and payment of benefits by the insured person is not carried out. "; d) The second sentence of Part 6 should read as follows: " For appointment and payment The monthly allowance for the care of the child is also provided, if necessary, to the reference (certificate) of the amount of earnings from which the benefit is to be calculated. "; e) to supplement parts 7 to 1 and 7 to 2 as follows: " 7-1. The insured person, instead of the original reference to the amount of earnings from which the benefit for temporary disability, pregnancy and childbirth, is to be calculated, may be provided with a copy of the certificate of payment A salary certified in accordance with the established procedure. 7-2. In case the insured person is unable to submit a certificate (s) on the amount of earnings from which the benefit is to be calculated, from the place (s) of work (service, other activity) of another insured person (from other insured persons) in connection with the termination of the activity by the policyholder (s) or for other reasons, the insurer who appoints and pays the benefit or the territorial body of the insurer that appoints and pays the benefit in the cases specified in Parts 3 and 4 of the present article of this Federal Act, The insured person issues a request to the territorial body of the Pension Fund of the Russian Federation to provide information on wages, other payments and remuneration of the insured person from the insured person (s). of the insured person) on the basis of individual (personalized) accounting in the system of compulsory pension insurance. The form and order of the request, form, procedure and deadlines for the submission of the requested information by the territorial body of the Pension Fund of the Russian Federation shall be established by the federal authority. The executive branch, which is responsible for the formulation of public policy and regulatory and legal regulation in the area of social insurance. "; 9), in article 14: (a), amend the text as follows: " 1. Allowances for temporary inability to work, pregnancy and childbirth, monthly child care allowance are calculated on the basis of the average earnings of the insured person for the two calendar years preceding the year of temporary incapacity. Incapacity, maternity leave, parental leave, including work time (services, other activities) from another insured person (other insured persons). Average earnings for the duration of employment (service, other activity) from another insurer (other insured) are not taken into account in cases where, under article 13, paragraph 2, of this Federal Act, temporary incapacity benefits, The insured person shall be appointed and paid to the insured person for all places of work (service, other activity) on the basis of the average earnings per working time (service, other activity) of the insured person who appoints and pays the benefit. If, in two calendar years immediately preceding the year of the occurrence of the insured events, or in one of the years specified, the insured person was on maternity leave and (or) maternity leave, The relevant calendar years (the calendar year) of the insured person's application may be replaced to calculate the average earnings of the preceding calendar years (calendar year), provided that this increases in size Allow. "; b) to supplement part 1-1, to read: " 1-1. If the insured person during the periods specified in part 1 of this article has no earnings, and also if the average earnings calculated over these periods are calculated for the full calendar month below the minimum wage, The federal law on the day of the accident, the average salary based on which the benefits of temporary incapacity for work are calculated, the maternity allowance, the monthly allowance for the care of the child, is assumed to be equal The minimum wage established by federal law for the day the occurrence of an insurance event. If the insured person works part-time (part-time, part-time work) at the time of the insured event, the average earnings on the basis of which the benefits are calculated in these cases, shall be determined in proportion to the working time of the insured person. In all cases, the calculated monthly childcare allowance may not be less than the minimum monthly child care allowance established by the federal law on State benefits for citizens with children. "; In Part 2, the words "in favour of the employee who are included in the basis of the insurance premium" shall be replaced by the words "in favour of the insured person for whom the insurance premiums are assessed"; g) in Part 3 of the word " number of calendar days for the period for which salary is taken into account " The digits "730"; d) Part 3-1 restate: " 3-1. The average earnings, based on temporary disability, maternity and monthly childcare benefits, are recorded for each calendar year in an amount not exceeding the amount established in accordance with the law. Federal Act entitled "Insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the territorial funds of compulsory health insurance" the respective calendar year limit value of the basis for assessment OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the event that the appointment and payment to the insured person of temporary disability benefits are performed by several insured persons in accordance with article 13, part 2, of this Federal Act, the average salary, On the basis of which these benefits are calculated, each calendar year is counted in the amount not exceeding the specified limit, for the calculation of the benefit data for each of these insured persons. ";" (e) Part 5-1 in the first sentence for the words "in accordance with Part 3", replace by the words " in accordance with Part 3 and 3-1 ", second sentence, delete; 10) in article 15: (a) in Part 2, replace" Parts 2 and 3 "with" Parts 3 and 4 "; b) to be supplemented by Part 2-1 as follows: " 2-1. In the absence of the insured person for the day of the request for benefits for temporary inability to work, for pregnancy and childbirth, the monthly certificate of care for the child (certificates) on the amount of earnings necessary for the appointment of the said In accordance with article 13, paragraphs 5 and 6, of this Federal Act, the benefit is granted on the basis of information and documents submitted by the insured person and the insured person (the territorial body of the insurer). After the insured person has submitted the said certificate (s) on the amount of earnings, the assigned benefit is recalculations for all the previous years, but not more than three years prior to the day of submission of the reference (certificates) of the amount of the earnings. "; (c) Part 4, after the words "knowingly false information," should be supplemented by the words "including help (certificates) on the amount of earnings from which the benefits are calculated,"; 11), to supplement articles 15 to 1 as follows: " Article 15 -1. { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b the child 1. Physical and legal persons are responsible for the veracity of the information contained in the documents issued by them to the insured person and necessary for the purpose, calculation and payment of benefits for temporary inability to work, pregnancy and maternity. I give birth to a monthly child care allowance. 2. In the event that the submission of false information resulted in the payment of excessive amounts of temporary disability benefits, pregnancy and childbirth, the monthly childcare allowance, the persons responsible shall reimburse the insurer for the damage caused. OF THE PRESIDENT OF THE RUSSIAN FEDERATION special tax regimes, for the period prior to 1 January 2011, average earnings for the Calculations of temporary incapacity benefits, maternity, monthly childcare allowance under article 14 of the Federal Act dated December 29, 2006, N 255-FZ "Compulsory Social Insurance for Temporary Disability and Maternity" (in the wording of this Federal Law) includes all forms of payment and other rewards in The benefit of the insured person, which has been included in the base for Insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Act No. 212 of 24 July 2009 "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation" The Federation, the Federal Compulsory Health Insurance Fund and the territorial compulsory health insurance fund " in 2010and do not exceed the limit of the base for the calculation of insurance contributions to the Social Insurance Fund. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Details of these payments and compensation for the employee for the relevant period shall be stated in the certificate of the amount of wages, other payments and emoluments provided by the policyholder in accordance with article 4, paragraph 3, of article 4, paragraph 3, of the Convention. Federal Act No. 255-FZ of 29 December 2006 on compulsory social insurance for temporary incapacity to work and for (...) (...) (In the wording of Federal Law No. N 21-FZ) 2. In the application of the provisions of article 14, part 3-2 , of the Federal Act of 29 December 2006, N 255-FZ " On compulsory social security. Temporary incapacity and maternity insurance " (as amended by the present Federal Act), on the basis of which the benefits for temporary disability, maternity and monthly benefits are calculated. Child care allowance, up to 1 January 2010 for each calendar year in an amount not exceeding the limit of the base for the calculation of the insurance contributions to the Social Insurance Fund of the Russian Federation, established by the Federal Law dated July 24, 2009 N 212-FZ" On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Reserve Fund Medical insurance and the territorial funds of compulsory health insurance " in 2010. (In the wording of Federal Law No. N 21-FZ) Article 3 1. The provisions of the Federal Act of 29 December 2006 No. 255-FZ "On compulsory social insurance in the event of temporary incapacity to work and maternity" (in the wording of this Federal Law) apply at the time of appointment, calculation and Payment of benefits for temporary inability to work, pregnancy and childbirth, monthly childcare allowance for insurance cases that have occurred since the date of entry into force of this Federal Law, except in cases specified in Parts 2 and 3 of this article. 2. The maternity allowance, the monthly childcare allowance for the period from 1 January 2011 to 31 December 2012 (inclusive), is subject to an application by the insured person and is calculated, and In accordance with the provisions of the Federal Act No. 255-FZ of 29 December 2006 on compulsory social insurance in the event of temporary inability to work and maternity (as amended by the date of entry into force of this Federal Act) of the law), including the use in determining the average wage from which The above-mentioned allowances are calculated, the limit of the basis of the basis for the calculation of the basis of insurance contributions to the Social Insurance Fund of the Russian Federation, established by the Federal Law of 24 July 2009, No. 212-FZ " On insurance premiums in the Pension Fund The Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the territorial funds of compulsory health insurance " in 2010. 3. On the basis of the insurance cases that occurred prior to the date of the entry into force of this Federal Act, the allowance for temporary inability to work, pregnancy and childbirth, the monthly child care allowance is calculated according to the rules of the Federal Act of 29 December. In 2006, N 255-FZ "Compulsory Social Insurance for Temporary Disability and Maternity" (in the wording of this Federal Law) for the period from the date of entry into force of this Federal Act, if the amount of of the corresponding allowance calculated in accordance with the Federal Act of 29 December 2001 In 2006, N 255-FZ "Compulsory Social Insurance for Temporary Disability and Maternity" (in the wording of this Federal Law) exceeds the amount of the corresponding benefit under the Federal Act. of 29 December 2006, N 255-FZ On the Compulsory Social Insurance for Temporary Disability and Motherhood (as before the date of entry into force of this Federal Law). (Article in the wording of Federal Law dated 25.02.2011 N 21-FZ) Article 4 1. This Federal Act shall enter into force on 1 January 2011. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 8 December 2010 N 343-FZ