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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 17, 2009 No. 818

About approval of Rules of determination of average monthly earnings from which the size of long-service pension of federal government civil servants is estimated

(as amended on 09-08-2016)

According to Item 3 of article 21 of the Federal law "About the State Provision of Pensions in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of determination of average monthly earnings from which the size of long-service pension of federal government civil servants is estimated.

2. This resolution becomes effective from the date of its official publication and extends to the legal relationship which arose since January 1, 2009.

Russian Prime Minister

V. V. Putin

Approved by the Order of the Government of the Russian Federation of October 17, 2009 No. 818

Rules of determination of average monthly earnings from which the size of long-service pension of federal government civil servants is estimated

1. The these rules developed according to the Federal Law "About the State Provision of Pensions in the Russian Federation" determine procedure of payments of average monthly earnings from which the size of long-service pension to persons replacing positions of Federal public civil service, the state positions of the Federal State Service and the state positions of federal government employees is estimated (further respectively - average monthly earnings, civil servants).

2. For determination of average monthly earnings the monetary pay of civil servants consisting of the following payments is considered:

a) monthly salary of the civil servant according to the position of Federal public civil service replaced by it (further - official pay rate);

b) monthly salary of the civil servant according to the class rank of Federal public civil service appropriated to it;

c) the monthly allowance to official pay rate for long service on Federal public civil service;

d) the monthly allowance to official pay rate for special conditions of Federal public civil service;

e) the monthly percentage allowance to official pay rate for work with the data which are the state secret;

e) monthly cash encouragement;

g) awards for accomplishment of especially important and difficult tasks;

h) lump sum payment by provision of annual paid leave and financial support, compensations of civil servants paid for the account of fund.

3. Except the payments specified in Item 2 of these rules for determination of average monthly earnings also other payments provided by the relevant Federal Laws and other regulatory legal acts are considered.

4. For determination of average monthly earnings of civil servants whose monetary pay is established in the form of the single monetary reward according to part 3 of article 50 of the Federal law "About the Public Civil Service of the Russian Federation" (further - the monetary reward) the following payments are considered:

a) monetary reward;

b) monthly cash encouragement;

c) awards for accomplishment of especially important and difficult tasks;

d) other payments provided by the relevant Federal Laws and other regulatory legal acts.

5. For the period preserving for the civil servant in accordance with the legislation of the Russian Federation of monetary pay on the position of Federal public civil service replaced by it for determination of average monthly earnings the specified monetary pay is considered.

6. Calculation of average monthly earnings is made at the choice of the civil servant proceeding from the monetary pay and other payments specified in Items 2 - 4 these rules, for the last 12 complete months of Federal public civil service, preceding day of its termination or day of achievement by it of the age granting the right to insurance pension on old age according to part 1 of Article 8 and Articles 30 - 33 Federal Laws "About Insurance Pensions" (granting the right to work pension according to the Federal Law "About Work Pensions in the Russian Federation") (further - settlement period).

7. In case of calculation of average monthly earnings are excluded from settlement period the time spent of the civil servant on leaves without preserving monetary pay, on pregnancy and childbirth, on child care before achievement of the age established by the law by it, and also the period of temporary disability. The amounts of the corresponding benefits added during this time are not considered.

8. The size of average monthly earnings in case of absence in settlement period of the these rules of the time spent of the civil servant excluded from it according to Item 7 on the corresponding leaves and the period of temporary disability is determined by the division of total amount of monetary pay and other payments specified in Items 2 - 4 these rules, added in calculation the period, on 12.

If are excluded from settlement period according to Item 7 of these rules the time spent of the civil servant on the corresponding leaves and the period of temporary disability the size of average monthly earnings is determined by division of the specified amount on the number of actually fulfilled days in settlement period and multiplication on 21 (average monthly number of the working days in year). At the same time the payments specified in subitems "zh" and "z" of Item 2, Item 3 and subitems "v" and "g" of item 4 of these rules are considered in case of determination of average monthly earnings in the amount of one twelfth the payments which are actually added in this period.

9. If the settlement period consists of the time spent of the civil servant on the corresponding leaves and the period of temporary disability specified in Item 7 of these rules and also if in settlement period there are no actually fulfilled days, at the choice of the civil servant calculation of average monthly earnings is made:

a) taking into account provisions of Item 8 of these rules proceeding from the amount of monetary pay and other payments specified in Items 2 - 4 these rules, added for the preceding period equal settlement;

b) using provision of paragraph one of Item 8 of these rules proceeding from the monetary pay which is actually established to it in settlement period.

10. In case of replacement with the civil servant in settlement period of positions federal state civil services in various federal state bodies calculation of average monthly earnings is made taking into account provisions of Items 6 - 8 these rules proceeding from the summed-up monetary pay and other payments specified in Items 2 added in settlement period - 4 these rules, according to the replaced positions of Federal public civil service.

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