Federal Law No. FZ-400 of December 28, 2013, On Insurance Pensions
400-FZ of 12/28/2013was adopted in pursuance of the Constitution and in accordance with the Law of December 15, 2001 No. 167. The purpose of a normative act is to provide citizens with guarantees in receiving funds in connection with the termination of their employment. Consider further some of the provisions of the Act."On insurance pensions".
The considered normative act defines first of allconditions for the appointment of insurance pensions. This takes into account the materiality of work or other socially useful employment of people in the state with a socially-oriented economic model. In accordance with the document, a material basis is formed for the financial support of citizens of specific categories in order to satisfy their key vital needs. On the basis of this regulation, the subsidiary responsibility of the state is implemented.
Categories of citizens
Persons eligible for pension insuranceare listed in Art. 4 commented act.Relevant legal opportunities are given to:
- Citizens of Russia subject to the requirements established by law. First of all, they must be insured in accordance with Federal Law No. 167.
- Disabled close relatives of citizens who meet the requirements of paragraph 1. In this case, it is allowed to assign pensions in the cases specified in Article 10 of this Law.
- Foreigners and non-citizens. To receive appropriate material support, they must reside in Russia and comply with the requirements set forth inFZ 400and other regulations, including international ones.
The law provides for the right to early assignment of an insurance pension. According to the considered normative act, it can be used by citizens whose individual coefficient is not less than 30 and who worked in special labor or natural and climatic conditions. The relevant provisions establish articles 30-32.
The choice of payments
Russian legislation establishes differenttypes of insurance pensions. If the status of a citizen provides for the simultaneous receipt of several payments, then the entity must choose one of them. For some individuals, however, an exception may be made.The relevant cases are set out in Law No. 167. According to the normative act, it is allowed to simultaneously receive payments on state security and insurance pension. The calculation and provision of the latter in this case are carried out regardless of the cumulative amount. A citizen can apply for the appointment of an insurance payment at any time from the moment the corresponding right arises.
The considered Law defines suchtypes of insurance pensions, as:
- Old age
- By disability.
- Due to the loss of the breadwinner.
For each type, general and special rules for obtaining are provided.
It is established in accordance with Law No. 167. The rules define the procedure for financing the payment of insurance pensions, fixed amounts to them and their increases. In the case of a change in the Federal Law 400, which entails an increase in the cost of cash collateral, corrective provisions should be adopted to budget legislation for the current and forthcoming periods. In addition, the law on the financing of the FIU is subject to amendment.
The lawAbout insurance pensions"establishes the requirements that citizens must meet to receive the relevant amounts. The main requirements are:
- Achievement of the established age. For men, he is 60, for women - 55 years.
- The presence of insurance experience, lasting at least 15 years.
- The value of the individual coefficient must be at least 30.
FZ 400establishes that citizens who have 1, 2 grams can use the opportunity to receive money of this type. The recognition of the subject as disabled, the establishment of the relevant group is carried out by the federal institutions of the ITU. The rules for conducting surveys are set out in Law No. 181. Insurance payment is assigned regardless of the cause of disability, length of service. It does not matter whether the citizen continues his labor activity or performs other socially useful work. The time of onset of disability is also not taken into account (during work, after its termination or before entering the enterprise). If the subject completely lacks insurance experience, he is granted social benefits according to the rules provided for in Law No. 166.
Payments due to loss of breadwinner
The disabled persons of the deceased insured person have the right to receive a pension if they were dependent on him. Exceptions from this category are the subjects who committed the crime that caused the death of the said citizen and established in the procedure of criminal proceedings. One of the spouses, parents or another family member may receive payment regardless of whether they were dependent on the deceased or not. In some cases, the breadwinner in the family is recognized as missing. If there is an appropriate court decision, his relatives are equal to the relatives of the deceased citizen.
In paragraph two of article 10FZ 400identified citizens who have the ability to receive payments due to the loss of the breadwinner. These include the disabled:
- Grandchildren, children, sisters / brothers of the deceased, who are less than 18 years old, as well as full-time students in basic programs before graduating, but no longer than 23 years old, or older than this age, if they received a disability before coming of age.These subjects are recognized as disabled if they do not have able-bodied parents.
- Mother / father, grandmother / grandfather, spouse / spouse regardless of their age, and the sister / brother or child of the deceased who has reached the age of 18, if they care for other close relatives under 14, do not work and have the right to receive insurance pension.
- Spouse / spouse and parents of a citizen, if they are 60 (for men) and 55 (for women) years or they are disabled.
- Grandmother and grandfather of the deceased. Moreover, they should be 55 and 60 years old respectively, or they should be disabled. At the same time, there are no citizens who are obliged to support them according to the Russian legislation.
Those close to the deceased will be considered dependent if they receive assistance that has acted as a permanent and main source of income, or have been fully supported by the deceased. Special position inFZ 400provided for children. They are considered dependents by default if they are not declared fully capable under the law or have not reached 18 years of age. Disabled spouse or parents who were not dependentcan expect to receive payment if, regardless of the time elapsed since the death of the insured person, they have lost the main and permanent source of their livelihood.
The insurance benefit due to the loss of the breadwinner-spouse upon entry into a new officially registered marriage is preserved. Adopters and adopted children may also count on benefits along with their parents and relatives. A stepmother and stepfather are entitled to receive a pension in the same way as their own mother and father, if they kept and raised a deceased child for at least five years. Payment to the family who lost the breadwinner is provided regardless of the length of service of the deceased, time and cause of death. Exceptions are cases identified in Article 11 of the Federal Law 400. In accordance with it, in the absence of seniority with a deceased person or when a criminal deed is disabled, the social benefit is charged according to the rules of Law No. 166.