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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 15, 2001 No. 167-FZ

About mandatory pension insurance in the Russian Federation

(as amended on 16-12-2019)

Accepted by the State Duma of the Russian Federation on November 30, 2001

Approved by Council of the Russian Federation on December 5, 2001

This Federal Law establishes organizational, legal and financial basis of mandatory pension insurance in the Russian Federation.

Chapter I. General provisions

Article 1. Subject of legal regulation

This Federal Law establishes bases of state regulation of mandatory pension insurance in the Russian Federation, regulates legal relationship in system of mandatory pension insurance, and also determines legal status of subjects of mandatory pension insurance, the basis of origin and procedure of their rights and obligations, responsibility of subjects of mandatory pension insurance.

Article 2. Legislation of the Russian Federation on mandatory pension insurance

The legislation of the Russian Federation on mandatory pension insurance consists of the Constitution of the Russian Federation, this Federal Law, the Federal Law of July 16, 1999 No. 165-FZ "About bases of compulsory social insurance", the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions", the Federal Law of December 28, 2013 No. 424-FZ "About funded pension" and the Federal Law of April 1, 1996 No. 27-FZ "About the individual (personified) accounting in system of mandatory pension insurance", other Federal Laws and regulatory legal acts of the Russian Federation adopted according to them.

The legal relationship connected with mandatory pension insurance in the Russian Federation by budget funds of the Pension Fund of the Russian Federation including at the expense of the funds allocated in the budget of the Pension Fund of the Russian Federation from the federal budget according to this Federal Law are regulated by the legislation of the Russian Federation.

The legal relationship connected with payment of obligatory payments on mandatory pension insurance including regarding control of their payment, are regulated by the legislation of the Russian Federation on taxes and fees.

In cases 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.

Article 3. The basic concepts used in this Federal Law

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

mandatory pension insurance - system of the legal, economic and organizational measures created by the state directed to compensation to citizens of the earnings (payments, remunerations for benefit of insured person) received by them before establishment of obligatory insurance coverage;

obligatory insurance coverage - execution by the insurer of the obligations to insured person in case of loss occurrence by means of payment of insurance pension, funded pension, social benefit for burial of the died pensioners who were not subject to compulsory social insurance on case of temporary disability and in connection with motherhood on the date of death;

means of mandatory pension insurance - money which is in management of the insurer on mandatory pension insurance;

the budget of the Pension Fund of the Russian Federation - form of education and expenditure of money on the purpose of mandatory pension insurance in the Russian Federation;

obligatory payments - insurance premiums for mandatory pension insurance;

insurance premiums for mandatory pension insurance (further also - insurance premiums) - obligatory payments which are paid to the Pension Fund of the Russian Federation and which purpose is providing the rights of citizens to receipt of obligatory insurance coverage for mandatory pension insurance (including insurance pensions, fixed payments to them and social benefits for burial), including individually paid obligatory payments which personal purpose is providing the right of the citizen to receipt of funded pension and other payments at the expense of means of pension accruals;

the paragraph of the eighth ceased to be valid according to the Federal Law of the Russian Federation of 03.10.2018 No. 350-FZ

solidary part of rate of insurance premiums - the part of insurance premiums for mandatory pension insurance intended for forming according to the Federal Law on the budget of the Pension Fund of the Russian Federation of money for the purpose of implementation of fixed payment to insurance pension, payments of social benefit for burial of the died pensioners who were not subject to compulsory social insurance on case of temporary disability and in connection with motherhood on the date of death, and in other purposes, stipulated by the legislation the Russian Federation about mandatory pension insurance, the means which are not connected with forming intended for payment of funded pension and other payments at the expense of means of the pension accruals established by the legislation of the Russian Federation;

individual part of rate of insurance premiums - the part of insurance premiums for mandatory pension insurance intended for forming of money and the pension rights of insured person, considered on its individual personal account including for the purpose of determination of the sizes of insurance pension (without fixed payment to insurance pension), funded pension and other payments at the expense of means of the pension accruals established by the legislation of the Russian Federation.

Article 3.1. Powers of federal bodies of the government on mandatory pension insurance in the Russian Federation

On mandatory pension insurance in the Russian Federation treat powers of federal bodies of the government:

establishment of procedure for creation, consideration and approval of the budget of the Pension Fund of the Russian Federation and procedure for its execution;

establishment of procedure for creation, external check and approval of procedure for consideration and approval of budget reports of the Pension Fund of the Russian Federation;

determination of procedure and conditions of forming and investment of means of pension accruals;

determination of procedure for storage of means of mandatory pension insurance;

management of system of mandatory pension insurance;

ensuring financial stability and balance of system of mandatory pension insurance, including by ensuring receipt of obligatory payments in the budget of the Pension Fund of the Russian Federation;

determination of procedure for use of temporarily available funds of mandatory pension insurance;

implementation of the state supervision and control of realization of the rights of insured persons to receipt of insurance coverage for mandatory pension insurance.

Chapter II. Participants of legal relationship on mandatory pension insurance

Article 4. Subjects of mandatory pension insurance

Subjects of mandatory pension insurance are insurers, the insurer and insured persons.

Article 5. Insurer

Mandatory pension insurance in the Russian Federation is performed by the insurer who the Pension Fund of the Russian Federation is. The Pension Fund of the Russian Federation (public institution) and its territorial authorities constitute single centralized system of governing bodies of means of mandatory pension insurance in the Russian Federation in which subordinate bodies are accountable to higher.

The state bears subsidiary responsibility according to obligations of the Pension Fund of the Russian Federation to insured persons.

The Pension Fund of the Russian Federation and its territorial authorities act on the basis of the this Federal Law.

Territorial authorities of the Pension Fund of the Russian Federation are created on board decision of the Pension Fund of the Russian Federation and are legal entities.

On mandatory pension insurance along with the Pension Fund of the Russian Federation non-state pension funds in cases and procedure which are provided by the Federal Law can be insurers. Procedure for forming in non-state pension funds of means of pension accruals and investments of the specified means by them, procedure for transfer of pension accruals from the Pension Fund of the Russian Federation and payment of insurance premiums in non-state pension funds, and also limits of implementation of powers of the insurer by non-state pension funds are set by the Federal Law.

Article 6. Insurers

1. Insurers on mandatory pension insurance are:

1) persons making payments to physical persons including:

organizations;

individual entrepreneurs;

physical persons;

2) the individual entrepreneurs, lawyers, arbitration managers, notaries who are engaged in private practice.

If the insurer at the same time belongs to several categories of the insurers specified in subitems 1 and 2 of this Item, calculation and payment of insurance premiums are made by it on each basis.

For the purpose of this Federal Law the other persons who are engaged in private practice and not being individual entrepreneurs are equated to individual entrepreneurs.

2. For the purpose of this Federal Law the physical persons who are voluntarily entering legal relationship on mandatory pension insurance according to subitems 1, of 2, of the 5 and 6 Item 1 of article 29 of this Federal Law are equated to insurers.

Article 7. Insured persons

1. Insured persons are persons to whom mandatory pension insurance according to this Federal Law extends. Insured persons are citizens of the Russian Federation, constantly or the foreign citizens or persons without citizenship, and also the foreign citizens or stateless persons (except for highly qualified specialists according to the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation") which are temporarily staying in the territory of the Russian Federation who are temporarily living in the territory of the Russian Federation:

working according to the employment contract, including the heads of the organizations who are the single members (founders), members of the organizations, owners of their property or for the agreement of civil nature which subject are performance of works and rendering services (except for persons studying in educational institutions of average professional, higher education on full-time courses and receiving payments for the activities performed in student's group according to employment contracts or under civil agreements which subject are performance of works and (or) rendering services, and also the persons which are applying special tax regime "Tax on the professional income", receiving payments for activities for civil agreements and not working according to the employment contract), under the agreement of the author's order, and also authors of works, the earning payments and other rewards under contracts on alienation of exclusive right for works of science, literature, art, publishing license agreements, license agreements on provision of right to use of the work of science, literature, art (except for persons applying special tax regime "Tax on the professional income");

work (the individual entrepreneurs, lawyers, arbitration managers, notaries who are engaged in private practice and the other persons who are engaged in private practice and not being individual entrepreneurs) who are independently providing themselves, except for persons applying special tax regime "Tax on the professional income";

being members of peasant farms;

working outside the territory of the Russian Federation in case of payment of insurance premiums according to article 29 of this Federal Law if other is not provided by the international treaty of the Russian Federation;

applying special tax regime "Tax on the professional income" in case of payment of insurance premiums according to article 29 of this Federal Law;

the North which are members of family (patrimonial) units of indigenous ethnic groups, Siberia and the Far East of the Russian Federation performing traditional economic activity;

priests;

other categories of citizens at which the relations on mandatory pension insurance arise according to this Federal Law.

2. Ceased to be valid

Article 8. Insurance risk and insured event

Insurance risk for the purposes of this Federal Law loss by insured person of earnings (payments, remunerations for benefit of insured person) or other income in connection with loss occurrence is recognized.

Insured event for the purposes of this Federal Law achievement of retirement age, disability approach, loss of the supporter are recognized.

Article 9. Obligatory insurance coverage

1. Obligatory insurance coverage for mandatory pension insurance are:

1) insurance pension on old age;

2) insurance pension on disability;

3) insurance pension on the occasion of loss of the supporter;

4) fixed payment to insurance pension;

5) funded pension;

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