ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

of August 4, 2021 No. 538n

About approval of the list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions

According to part 6 of article 21 of the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" (The Russian Federation Code, 2013, No. 52, Art. 6965; 2018, No. 41, the Art. 6190), part 8 of article 9 of the Federal Law of December 28, 2013 No. 424-FZ "About funded pension" (The Russian Federation Code, 2013, No. 52, the Art. 6989), Item 2 of article 24 of the Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation" (The Russian Federation Code, 2001, No. 51, Art. 4831; 2014, No. 30, the Art. 4217) and subitem 5.2.73 of Item 5 of the Regulations on the Ministry of Labour and Social Protection of the Russian Federation approved by the order of the Government of the Russian Federation of June 19, 2012 No. 610 (The Russian Federation Code, 2012, No. 26, Art. 3528; 2014, to No. 29, of the Art. 4160), I order:

1. Approve the list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions, according to appendix.

2. This order becomes effective since January 1, 2022, except for Item 126 of the list approved by this order which becomes effective since February 7, 2022, and Items 70, of 84, of 86, of 88, of 96, of 118, of 136, of the 138th list approved by this order which become effective since January 1, 2023.

3. Recognize voided since January 1, 2022:

the order of the Ministry of Labour and Social Protection of the Russian Federation of November 28, 2014 No. 958n "About approval of the list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions" (registration No. 35496) is registered by the Ministry of Justice of the Russian Federation on December 31, 2014;

Item of 1 changes which are made to orders of the Ministry of Labour and Social Protection of the Russian Federation concerning establishment of the insurance pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of October 4, 2016 No. 554n (registration No. 45778) is registered by the Ministry of Justice of the Russian Federation on February 27, 2017;

Item of 1 changes which are made to orders of the Ministry of Labour and Social Protection of the Russian Federation concerning establishment of the social pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of October 26, 2017 No. 756n (registration No. 48965) is registered by the Ministry of Justice of the Russian Federation on November 21, 2017;

item 4 of the changes made to orders of the Ministry of Labour and Social Protection of the Russian Federation concerning the appointment and pension payment approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of December 5, 2018 No. 767n (registration No. 53549) is registered by the Ministry of Justice of the Russian Federation on January 24, 2019;

Item of 3 changes made to some orders of the Ministry of Labour and Social Protection of the Russian Federation concerning the appointment and pension payment approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of January 28, 2019 No. 43n (registration No. 53850) is registered by the Ministry of Justice of the Russian Federation on February 20, 2019;

Item of 2 changes which are made to orders of the Ministry of Labour and Social Protection of the Russian Federation and the Ministry of Health and Social Development of the Russian Federation concerning provision of pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of April 24, 2019 No. 282n (registration No. 54731) is registered by the Ministry of Justice of the Russian Federation on May 24, 2019;

Item of 3 changes which are made to orders of the Ministry of Health and Social Development of the Russian Federation and Ministry of Labour and Social Protection of the Russian Federation concerning provision of pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of December 17, 2019 No. 799n (registration No. 57238) is registered by the Ministry of Justice of the Russian Federation on January 22, 2020;

Item of 2 changes which are made to some orders of the Ministry of Labour and Social Protection of the Russian Federation concerning the establishment and pension payment approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of December 25, 2019 No. 830n (registration No. 57595) is registered by the Ministry of Justice of the Russian Federation on February 25, 2020;

Item of 5 changes which are made to some orders of the Ministry of Labour and Social Protection of the Russian Federation concerning forming of the data on labor activity in electronic form approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of May 27, 2020 No. 279n (registration No. 58882) is registered by the Ministry of Justice of the Russian Federation on July 9, 2020;

the order of the Ministry of Labour and Social Protection of the Russian Federation of December 29, 2020 No. 974n "About modification of the list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of November 28, 2014 No. 958n" (registration No. 62413) is registered by the Ministry of Justice of the Russian Federation on February 5, 2021.

Appendix

to the Order of the Ministry of Labour and Social Protection of the Russian Federation of August 4, 2021 No. 538n

The list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions

1. This list includes the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension (taking into account increase in fixed payment to insurance pension), purposes of funded pension, establishment of pension on the state provision of pensions (except long-service pension the federal government civil servant), implementation of lump sum payment of means of pension accruals (further - establishment of pension) according to the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" (The Russian Federation Code, 2013, No. 52, Art. 6965; 2021, No. 22, the Art. 3688) (further - the Federal Law "About Insurance Pensions"), the Federal Law of December 28, 2013 No. 424-FZ "About funded pension" (The Russian Federation Code, 2013, No. 52, Art. 6989; 2021, No. 22, the Art. 3688) (further - the Federal Law "About Funded Pension"), the Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation" (The Russian Federation Code, 2001, No. 51, Art. 4831; 2021, No. 22, the Art. 3688) (further - the Federal Law "About the State Provision of Pensions in the Russian Federation"), the Federal Law of November 30, 2011 No. 360-FZ "About procedure for financing of payments at the expense of means of pension accruals" (The Russian Federation Code, 2011, No. 49, Art. 7038; 2021, No. 22, Art. 3688).

2. Identity documents, age, the residence (the place of stay, the place of the actual accommodation of the citizen) in the territory of the Russian Federation, nationality, registration in system of mandatory pension insurance of the citizen to which pension, and other documents depending on type of the established pension provided by this list, and also the corresponding statement for establishment of pension, except as specified, provided by the Federal Law "About Insurance Pensions", the Federal Law "About the State Provision of Pensions in the Russian Federation" is established are necessary for establishment of pension.

The document confirming permanent residence in the Russian Federation is necessary for establishment of pension to the foreign citizen, stateless person.

3. To the application for establishment of pension submitted on behalf of the citizen by his legal representative in addition to the documents specified in Item 2 of this list the documents certifying powers of the legal representative, and also documents proving his identity and the residence, and are necessary for the organization to which fulfillment of duties of guardians or custodians by Article 35 of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301 is assigned; 2008, No. 17, the Art. 1756) - identity documents of the head of the organization and appointment it to the corresponding position.

4. In case of representation of interests of the citizen by person owing to the power based on the power of attorney in addition to the documents specified in Item 2 of this list the power of attorney and the identity document of the representative are necessary. If the power of attorney is certified notarially, the identity document of the citizen which interests are represented is not required.

5. The employer submitting the petition from the citizen, consisting in employment relationships with it, about establishment of pension, in addition to the documents specified in Item 2 of this list represents the written consent of the citizen to submission of its statement by the employer, the document, confirmatory that the citizen consists in employment relationships with the employer, both identity documents of the head of the organization and appointment it to the corresponding position.

6. Documents (data) are necessary for purpose of insurance pension on old age:

a) the confirmatory periods of work and (or) other activities and other periods included (set off) in insurance years of service of the rule of calculation and which confirmation are approved by the order of the Government of the Russian Federation of October 2, 2014 No. 1015 "About approval of Rules of calculation and confirmation of insurance years of service for establishment of insurance pensions" (The Russian Federation Code, 2014, No. 41, Art. 5545; 2021, No. 11, Art. 1836);

b) about individual pension coefficient.

7. Documents (data) are necessary for confirmation of additional terms of purpose of insurance pension on old age and the circumstances considered in case of determination of its size, provided by the Federal Law "About Insurance Pensions":

a) about refusal of obtaining established (including ahead of schedule) insurance pension on old age (Item 2 of part 15 of article 15 of the Federal law "About Insurance Pensions");

b) about the circumstances provided by the Federal Law of December 17, 2001 No. 173-FZ "About work pensions in the Russian Federation" (The Russian Federation Code, 2001, No. 52, Art. 4920; 2020, No. 50, Art. 8074) (further - the Federal Law "About Work Pensions in the Russian Federation") taking into account which the size of insurance part of work old-age pension (without the fixed basic size of the specified part of work old-age pension and accumulated portion of work old-age pension) as of December 31, 2014 (part 10 of article 15 of the Federal law "About Insurance Pensions") is estimated;

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