of December 15, 2001 N166-FZ
About the state provision of pensions in the Russian Federation
Accepted by the State Duma on November 30, 2001
Approved by the Federation Council on December 5, 2001
This Federal Law establishes according to the Constitution of the Russian Federation the bases of emergence of pension entitlement on the state provision of pensions and procedure for its appointment.
1. Pension on the state provision of pensions is granted and paid according to this Federal Law.
The provision of pensions of the separate categories of citizens which are not provided by this Federal Law performed at the expense of means of the federal budget can be regulated by other Federal Laws.
Change of the conditions and regulations of appointment and pension payment on the state provision of pensions provided by this Federal Law is performed precisely by introduction of amendments and amendments to this Federal Law.
2. If the international treaty of the Russian Federation establishes other rules, than provided by this Federal Law rules of the international treaty are applied.
2.1. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
3. In the cases provided by this Federal Law, the Government of the Russian Federation determines procedure for realization of the rights to pensions by the state provision of pensions and conditions of purpose of these pensions to separate categories of citizens.
For the purpose of uniform application of this Federal Law if necessary the corresponding explanations according to the procedure, determined by the Government of the Russian Federation can be published.
For the purpose of this Federal Law the following basic concepts are used:
pension on the state provision of pensions - monthly state money payment which right is determined in accordance with the terms and the regulations established by this Federal Law and which is provided to citizens for the purpose of compensation by it of earnings (income) lost in connection with the termination of Federal public civil service in case of achievement of the period of service established by the law in case of exit to insurance pension on old age (disability); or for the purpose of compensation of the lost earnings to citizens from among astronauts or from number of persons employed of flight-test structure in connection with retirement for long service; or for the purpose of compensation of the harm done to health of citizens when passing military service as a result of radiation or technogenic catastrophes, in case of approach of disability or loss of the supporter, in case of achievement established by the law of age; or to disabled citizens for the purpose of provision of means of livelihood by it;
years of service of the public civil service - the total duration of the periods of implementation of public service and other activities on the date of dismissal from Federal public civil service considered in case of determination of pension entitlement of federal government civil servants and in case of calculation of the size of this pension;
working life - duration of the periods of work and other activities considered in case of determination of the right to separate types of pensions on total state provision of pensions which are set off in insurance years of service for receipt of the pension provided by the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" (further - the Federal Law "About Insurance Pensions");
average monthly earnings - monetary pay, the monetary reward, cash allowance, the salary and other income which are considered for calculation of the size of pension on the state provision of pensions of the citizen who addressed for purpose of this pension, the services expressed in monetary units of the Russian Federation and falling on the periods and other activities included in its period of service or working life;
federal government civil servants are the citizens replacing positions of Federal public civil service, the state positions of the Federal State Service, the state positions of federal government employees (further - positions of Federal public civil service);
military personnel is the citizens passing military service as officers, ensigns, warrant officers or military service under the contract or appeal as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and the Joint Armed Forces of the Commonwealth of Independent States, the Federal Border Service of the Russian Federation and bodies and the organizations of the Border service of the Russian Federation, in internal troops of the Ministry of Internal Affairs of the Russian Federation, in troops of national guard of the Russian Federation and in Railway troops of the Russian Federation, federal bodies of government communication and information, troops of civil defense, bodies of the Federal Security Service and border troops, bodies of the state protection (federal bodies of the state protection), bodies of foreign intelligence of the Russian Federation, other military forming of the Russian Federation created in accordance with the legislation of the Russian Federation, face of the private and the commanding structure, the serving in law-enforcement bodies of the Russian Federation, the Public fire service, troops of national guard of the Russian Federation, public prosecutor's workers, the staff of the Investigative Committee of the Russian Federation, customs officers of the Russian Federation, the staff of tax police, drug trafficking monitoring bodies and psychotropic substances, the staff of organizations and bodies of criminal executive system, bodies of forced execution of the Russian Federation;
the citizens injured with radiation or technogenic catastrophes, - citizens, injured catastrophic crashes on the Chernobyl NPP, and also as a result of other radiation or technogenic catastrophes;
disabled citizens are disabled people, including disabled people since the childhood, handicapped children, children aged up to 18 years, and also are more senior than this age, 23 years which lost one or both parents studying on full-time according to the main educational programs in the organizations performing educational activities including in the foreign organizations located outside the territory of the Russian Federation before the end of such training by them, but not longer than before achievement of age by them and children of the died lonely mother, children whose both parents are unknown the citizens from among small peoples of the North who reached age of 55 and 50 years (according to the man and the woman), the citizens who reached age of 70 and 65 years (according to the man and the woman) (taking into account the provisions provided by appendix 1 to this Federal Law);
official pay rate - monthly salary of the federal government civil servant according to the position of Federal public civil service replaced by it, official pay rate of the federal government employee, established by presidential decrees of the Russian Federation;
establishment of pension - award of pension, recalculation of its size, the translation from one type of pension on another;
children whose both parents are unknown, - children whose state registration of the birth is made based on served law-enforcement body, guardianship and custody body or the medical organization, the educational organization or the organization of social servicing of the statement for the birth of the found (thrown) child or about the birth of the child left mother who did not show the document proving her identity in the medical organization in which there was childbirth or in which mother after the delivery addressed, and also the found (thrown) children or children, left mother, not shown the document, proving her identity, in specified to the medical organization which state registration of the birth is made according to the legislation existing in the territories of the Republic of Crimea and the federal city of Sevastopol till December 31, 2014 inclusive.
1. The pension entitlement according to this Federal Law is had:
citizens of the Russian Federation in case of observance of the conditions provided by this Federal Law for different types of pensions on the state provision of pensions;
the foreign citizens and persons without citizenship who are constantly living in the territory of the Russian Federation, - on the same bases, as citizens of the Russian Federation if other is not provided by this Federal Law or international treaties of the Russian Federation.
2. To the citizens having at the same time the right to various pensions in accordance with the legislation of the Russian Federation one pension at their choice is established if other is not provided by the Federal Law.
3. The right to simultaneous receipt of two pensions is granted:
1) to the citizens who became disabled people owing to military injury. Can be established by it the disability pension provided by the subitem 1 of Item 2 (using Item 3 and Item 5) article 15 of this Federal Law, and insurance pension on old age;
2) to participants of the Great Patriotic War. Can be established by it disability pension, stipulated in Article the 16th this Federal Law, and insurance pension on old age;
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