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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 17, 2001 No. 173-FZ

About work pensions in the Russian Federation

(as amended on 08-12-2020)

Accepted by the State Duma on November 30, 2001

Approved by the Federation Council on December 5, 2001

This Federal Law according to the Constitution of the Russian Federation and the Federal Law "About Mandatory Pension Insurance in the Russian Federation" establishes the bases of origin and procedure for realization of the right of citizens of the Russian Federation to work pensions.

Chapter I. General provisions

Article 1. Legislation of the Russian Federation on work pensions

1. Work pensions are established and paid according to this Federal Law. Change of conditions and regulations of establishment, and also payment procedure of work pensions 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 of the Russian Federation 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 right of citizens of the Russian Federation to work pensions and conditions of establishment of the specified 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.

4. The procedure for establishment and payment procedure of pensions on the state provision of pensions at the expense of means of the federal budget are regulated by the Federal Law "About the State Provision of Pensions in the Russian Federation" and the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, troops of national guard of the Russian Federation, bodies of forced execution of the Russian Federation, and their families".

5. The relations connected with provision of pensions of citizens at the expense of means of budgets of subjects of the Russian Federation, means of local budgets and means of the organizations are regulated by regulatory legal acts of public authorities of subjects of the Russian Federation, local government bodies and acts of the organizations.

6. The provisions of this Federal Law relating to work old-age pension are equally applied to parts of work old-age pension, share of insurance part of work old-age pension if other is not established by the legislation of the Russian Federation.

Article 2. The basic concepts applied in this Federal Law

For the purposes of this Federal Law the following basic concepts are applied:

work pension - monthly money payment for the purpose of compensation to insured persons of the salary and other payments and remunerations lost by them in connection with approach of disability owing to old age or disability, and disabled members of the family of insured persons - the salary and other payments and remunerations of the supporter lost in connection with the death of these insured persons, the right to which is determined in accordance with the terms and the regulations established by this Federal Law. At the same time approach of disability and loss of the salary and other payments and remunerations in such cases are assumed and do not require proofs;

insurance years of service - duration of the periods of work and (or) other activities considered in case of determination of the right to total retirement pension during which insurance premiums were paid to the Pension Fund of the Russian Federation, and also other periods which are set off in insurance years of service;

the settlement pension capital - considered according to the procedure, determined by the Government of the Russian Federation, the total amount of insurance premiums and other receipts of the Pension Fund of the Russian Federation for insured person and the pension rights in terms of money acquired before entry into force of this Federal Law which is base for determination of the size of insurance part of work pension;

establishment of work pension - superannuation, recalculation or adjustment of its size, the translation from one type of pension on another;

individual personal account - set of data on the arrived insurance premiums for insured person and the other information on insured person containing its identification signs in the Pension Fund of the Russian Federation and also other data considering the pension rights of insured person according to the Federal Law "About the Individual (Personified) Accounting in System of Mandatory Pension Insurance";

special part of individual personal account - the Section of individual personal account of insured person in system of the individual (personified) accounting in the Pension Fund of the Russian Federation in which data on the insurance premiums which arrived for this person directed to obligatory accumulative financing of work pensions, additional insurance premiums for funded portion of work pension, the fees of the employer paid to advantage of insured person and fees for joint financing of forming of pension accruals and also on the income from their investment, data on the funds (part of means) of the maternity (family) capital allocated for forming of funded portion of work pension according to the Federal Law of December 29, 2006 No. 256-FZ "About additional measures of the state support of the families having children", and the income from their investment and also on payments are separately considered, made at the expense of pension accruals;

pension accruals - set considered in special part of individual personal account or on the retirement account of funded portion of work pension of the means created at the expense of the arrived insurance premiums for financing of accumulated portion of work old-age pension, additional insurance premiums for funded portion of work pension, fees of the employer paid to advantage of insured person, fees on joint financing of forming of pension accruals, the income from their investment, the means of warranty compensation which arrived in the Pension Fund of the Russian Federation according to the Federal Law "About Guaranteeing the Rights of Insured Persons in System of Mandatory Pension Insurance of the Russian Federation during the Forming and Investment of Means of Pension Accruals, Establishment and Implementation of Payments at the expense of Means of Pension Accruals", means (part of means) of the maternity (family) capital directed to forming of funded portion of work pension, the income from their investment;

the expected period of payment of work old-age pension - the indicator calculated on the basis of data of federal executive body according to the statistics and used for determination of insurance part and funded portion of work pension.

Article 3. Persons having the right to work pension

The citizens of the Russian Federation insured according to the Federal Law "About Mandatory Pension Insurance in the Russian Federation" in case of observance of the conditions provided by this Federal Law have the right to work pension by them.

Disabled members of families of persons specified in part one of this Article have the right to work pension in cases, stipulated in Article the 9th this Federal Law.

The foreign citizens and persons without citizenship who are constantly living in the Russian Federation have the right to work pension on an equal basis with citizens of the Russian Federation, except as specified, established by the Federal Law or the international treaty of the Russian Federation.

Article 4. Right to the choice of pension

1. To the citizens having the right to simultaneous receipt of work pensions of different types according to this Federal Law one pension at their choice is established.

2. In the cases provided by the Federal Law "About the State Provision of Pensions in the Russian Federation" simultaneous receipt of the pension on the state provision of pensions established according to the specified Federal Law and work pension (part of the work pension) established according to this Federal Law is allowed.

3. The request for superannuation (part of work pension) can be performed after emergence of the right to work pension (part of work pension) without restriction with any term at any time.

Article 5. Types of work pensions

1. According to this Federal Law the following types of work pensions are established:

1) work old-age pension;

2) work pension on disability;

3) work pension on the occasion of loss of the supporter.

2. The work old-age pension can consist of the following parts:

1) insurance part;

2) accumulated portion.

Article 6. Financial provision of payment of work pensions (parts of work old-age pension)

1. The procedure for financial provision of payment of work pensions (parts of work old-age pension) is determined by the Federal Law "About Mandatory Pension Insurance in the Russian Federation".

2. When entering into this Federal Law of the changes requiring increase in expenses on payment of work pensions (parts of work old-age pension) in the relevant Federal Law the specific source and procedure for financial provision of additional expenses are determined, and also the Federal Laws on entering of necessary changes into the Federal Laws on the federal budget and the budget of the Pension Fund of the Russian Federation are without fail adopted.

3. Establishment of accumulated portion of work old-age pension is performed in the presence of the means considered in special part of individual personal account of insured person.

In the presence of the means considered in special part of individual personal account of the insured person who was the receiver of work pension on disability, the specified means are considered in case of establishment to this person of accumulated portion of work old-age pension (including early).

In the presence of the means considered in special part of individual personal account of the insured person receiving the long-service pension or disability pension provided by the Law of the Russian Federation "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances, organizations and bodies of criminal executive system, troops of national guard of the Russian Federation, bodies of forced execution of the Russian Federation, and their families" or the pension provided by the Federal Law "About the State Provision of Pensions in the Russian Federation", establishment of accumulated portion of work old-age pension it is made on reaching the age specified in Item 1 of article 7 of this Federal Law.

4. Persons specified in article 4 of the Federal law "About Procedure for Financing of Payments at the expense of Means of Pension Accruals" in the presence of the means considered in special part of individual personal account or on the retirement account of funded portion of work pension have the right to the specified means in the form of lump sum payment.

Chapter II. Conditions of purpose of work pensions

Article 7. Conditions of appointment of old-age pension

1. The men who reached age of 60 years and the women who reached age of 55 years have the right to work old-age pension.

2. The work old-age pension is appointed in the presence of at least five years of insurance years of service.

Article 8. Conditions of superannuation on disability

1. On disability the citizens recognized in accordance with the established procedure by disabled people I, II or III groups have the right to work pension. Recognition of the citizen by the disabled person and establishment of group of disability are made by federal institutions of medico-social examination according to the procedure, provided by the Federal Law "About Social Protection of Disabled People in the Russian Federation".

2. The procedure for establishment of cause and effect relationship of disability or the death of the supporter with making by the citizen of penal act or intentional causing damage by it to the health which are established judicially affirms the Government of the Russian Federation.

3. The work pension on disability is determined irrespective of the disability reason (except as specified, stipulated in Item 4 these Articles), durations of insurance years of service of insured person, continuation by the disabled person of labor activity, and also from whether there came disability during work, before revenues to work or after termination of work.

4. In case of total absence at the disabled person of insurance years of service, and also in case of approach of disability owing to making of intentional penal act or intentional causing damage to the health which are established judicially by it establishes social pension on disability according to the Federal Law "About the State Provision of Pensions in the Russian Federation".

5. Ceased to be valid

Article 9. Conditions of superannuation on the occasion of loss of the supporter

1. On the occasion of loss of the supporter the disabled members of the family of the died supporter consisting in its dependence have the right to work pension (except for persons who made the intentional penal act which entailed the death of the supporter and established judicially). To one of parents, the spouse or other family members specified in the subitem 2 of Item 2 of this Article, the specified pension is granted irrespective of, they consisted or not dependent on the died supporter. Family it is unknown the absent supporter it is equated to family of the died supporter if unknown absence of the supporter is certified in accordance with the established procedure.

2. Disabled members of the family of the died supporter are recognized:

1) the children, brothers, sisters and grandsons of the died supporter who did not reach age of 18 years, and also children, brothers, sisters and grandsons of the died supporter, students 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 if the direction on training is made according to international treaties of the Russian Federation, before the end of such training by them, but not longer than before achievement of age of 23 years by them or children, brothers, sisters and grandsons of the died supporter is more senior than this age if they before achievement of age of 18 years became disabled people. At the same time brothers, sisters and grandsons of the died supporter are recognized disabled family members provided that they have no able-bodied parents;

2) one of parents or spouses or the grandfather, the grandmother of the died supporter irrespective of age and working capacity, and also the brother, the sister or the child of the died supporter who reached age of 18 years if they are taken with care of the children, brothers, sisters or grandsons of the died supporter who did not reach 14 years and having the right to work pension on the occasion of loss of the supporter according to the subitem of 1 this Item also do not work;

3) parents and the spouse of the died supporter if they reached age of 60 and 55 years (according to the man and the woman) or are disabled people;

4) the grandfather and the grandmother of the died supporter if they reached age of 60 and 55 years (according to the man and the woman) or are disabled people, in the absence of persons who in accordance with the legislation of the Russian Federation shall contain them.

3. Members of the family of the died supporter are recognized consisting in its dependence if they were on its complete content or received from it the help which was for them the permanent and main source of means of livelihood.

4. Dependence of children of the died parents is supposed and does not require proofs, the children announced in accordance with the legislation of the Russian Federation sui juris or who reached age of 18 years except for specified.

5. Disabled parents and the spouses of the died supporter who were not consisting in its dependence have the right to work pension on the occasion of loss of the supporter if they irrespective of time which passed after his death lost source of means of livelihood.

6. Members of the family of the died supporter for whom its help was the permanent and main source of means of livelihood, but which received any pension have the right to pass to work pension on the occasion of loss of the supporter.

7. The work pension on the occasion of loss of the supporter spouse remains in case of the introduction in new scrap.

8. Adoptive parents have the right to work pension on the occasion of loss of the supporter on an equal basis with parents, and the adopted children - on an equal basis with the own children. The minor children having the right to work pension on the occasion of loss of the supporter keep this right in case of their adoption.

9. The stepfather and the stepmother have the right to work pension on the occasion of loss of the supporter on an equal basis with the father and mother provided that they brought up and at least five years contained the died stepson or the stepdaughter. The stepson and the stepdaughter have the right to work pension on the occasion of loss of the supporter on an equal basis with the own children if they were on education and content of the died stepfather or stepmother which prove to be true according to the procedure, determined by the Government of the Russian Federation.

10. The work pension on the occasion of loss of the supporter is established irrespective of duration of insurance years of service of the supporter, and also from the reason and time of approach of his death, except as specified, stipulated in Item the 11th this Article.

11. In case of total absence at the died insured person of insurance years of service, and also in case of committing by person of the intentional penal act which entailed the death of the supporter and established judicially the social pension on the occasion of loss of the supporter according to the Federal Law "About the State Provision of Pensions in the Russian Federation" is established. At the same time Item 12 of this Article is applied.

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