of December 28, 2013 No. 400-FZ
About insurance pensions
Accepted by the State Duma of the Russian Federation on December 23, 2013
Approved by Council of the Russian Federation on December 25, 2013
1. This Federal Law according to the Constitution of the Russian Federation and the Federal Law of December 15, 2001 No. 167-FZ "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 insurance pensions.
2. The purpose of this Federal Law is protection of the rights of citizens of the Russian Federation to the insurance pension provided on the basis of mandatory pension insurance taking into account the social importance of labor and (or) other socially useful activity of citizens in the constitutional state with socially oriented market economy as a result of which the material basis for provision of pensions, special value of insurance pension for maintenance of material security and satisfaction of the basic vital needs of pensioners, subsidiary responsibility of the state for provision of pensions, and also others constitutionally the significant principles of provision of pensions is created.
1. The legislation of the Russian Federation on insurance pensions consists of this Federal Law, the Federal Law of July 16, 1999 No. 165-FZ "About bases of compulsory social insurance", the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation", the Federal Law of April 1, 1996 No. 27-FZ "About the individual (personified) accounting in systems of mandatory pension insurance and compulsory social insurance", other Federal Laws.
2. Insurance pensions are established and paid according to this Federal Law. Change of conditions of purpose of insurance pensions, regulations of establishment of insurance pensions and payment procedure of insurance pensions is performed precisely by introduction of amendments to this Federal Law.
3. In the sphere of provision of pensions the conventional principles and rules of international law and the international agreements of the Russian Federation are applied. 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.
3.1. 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.
4. 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 insurance pensions and rules 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.
5. The procedure for appointment, recalculation, the translation from one type of pension on another and payment procedure of the pensions financed by budgetary appropriations of the federal budget are regulated by the Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation", the Law of the Russian Federation of February 12, 1993 No. 4468-1 "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".
6. The relations connected with provision of pensions of citizens within budgetary appropriations 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.
For the purposes of this Federal Law the following basic concepts are applied:
1) insurance 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 of 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;
2) insurance years of service - duration of the periods of work and (or) other activities considered in case of determination of the right to insurance pension and its total size for which insurance premiums were assessed or paid to Fund of pension and social insurance of the Russian Federation, and also other periods which are set off in insurance years of service;
3) individual pension coefficient - the parameter reflecting the pension rights of insured person to insurance pension created taking into account in relative units of the insurance premiums for insurance pension added or paid to Fund of pension and social insurance of the Russian Federation intended for its financing, duration of insurance years of service, and also refusal for certain period of receipt of insurance pension;
4) the cost of pension coefficient - cost the parameter considered in case of determination of the size of insurance pension, reflecting ratio of the amount of insurance premiums for financial provision of the insurance pensions and transfers of the federal budget coming to the budget of Fund of pension and social insurance of the Russian Federation in the corresponding year and the total amount of individual pension coefficients of receivers of insurance pensions;
5) establishment of insurance pension - purpose of insurance pension, recalculation and adjustment of its size, the translation from one type of pension on another;
6) fixed payment to insurance pension - providing persons having the right to the establishment of insurance pension according to this Federal Law established in payment type in the fixed size to insurance pension;
7) adjustment of the size of insurance pension - increase in the size of insurance pension in connection with value addition of pension coefficient;
8) payable case - set conforming to the established requirements of documents in the original and (or) in the copy on paper or electronically based on which to the citizen are established and pension (pensions), collateral material security and other payments in accordance with the legislation of the Russian Federation are paid.
1. The citizens of the Russian Federation insured according to the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation" in case of observance of the conditions provided by this Federal Law have the right to insurance pension by them.
2. Disabled members of families of the citizens specified regarding 1 this Article have the right to insurance pension in cases, stipulated in Article the 10th this Federal Law.
3. The foreign citizens and persons without citizenship who are constantly living in the Russian Federation in case of observance of the conditions provided by this Federal Law by them have the right to insurance 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.
1. To persons having the right to simultaneous receipt of insurance 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 of December 15, 2001 No. 166-FZ "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 insurance pension according to this Federal Law is allowed.
3. Appointment and payment of insurance pension are made irrespective of purpose of funded pension according to the Federal Law "About Funded Pension".
4. The request for purpose of insurance pension can be performed after emergence of the right to insurance pension without restriction with any term at any time.
According to this Federal Law the following types of insurance pensions are established:
1) insurance pension on old age;
2) insurance pension on disability;
3) insurance pension on the occasion of loss of the supporter.
1. The procedure for financial provision of payment of insurance pensions, fixed payment to insurance pension and increases in fixed payment to insurance pension is determined by the Federal Law of December 15, 2001 No. 167-FZ "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 insurance pensions, fixed payment to insurance pension and increases in fixed payment to insurance pension the Federal Laws on introduction of amendments to the Federal Law on the federal budget the current year and planning period and the Federal Law on the budget of Fund of pension and social insurance of the Russian Federation the current year and planning period are adopted.
1. On old age persons which reached age of 65 and 60 years have the right to insurance pension (according to the man and the woman) (taking into account the provisions provided by appendix 6 to this Federal Law).
1.1. To persons replacing the state positions of the Russian Federation and the state positions of subjects of the Russian Federation (further - the state positions) replaced on permanent basis municipal positions replaced on permanent basis (further - municipal positions), positions of the public civil service of the Russian Federation and position of municipal service (further - positions of the public civil and municipal service), the insurance pension on old age is granted on reaching them in the corresponding year of the age specified in appendix 5 to this Federal Law.
1.2. To persons having insurance years of service at least 42 and 37 years (according to the man and the woman), the insurance pension on old age can be granted for 24 months before achievement of the age provided by parts 1 and 1.1 of this Article, but not earlier than achievement of age of 60 and 55 years (according to the man and the woman).
2. The insurance pension on old age is granted in the presence of at least 15 years of insurance years of service.
The maximum values of individual pension coefficient for the corresponding calendar year are given in Appendix 4 to this document.
3. The insurance pension on old age is granted in the presence of the size of individual pension coefficient in the amount of at least 30.
1. On disability the citizens from among insured persons recognized by disabled people I, II or III groups have the right to insurance 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, No. 181-FZ provided by the Federal Law of November 24, 1995 "About social protection of disabled people in the Russian Federation".
2. The insurance pension on disability is determined based on the information about person recognized as the disabled person, containing in the state information system "Single Centralized Digital Platform in the Social Sphere" irrespective of the reason of disability, duration of insurance years of service of insured person, continuation by the disabled person of labor and (or) other activity, and also from whether there came disability during work, before revenues to work or after termination of work.
3. In case of total absence at the disabled person of insurance years of service the social pension on disability according to the Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation" is established.
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 insurance pension (except for persons who made the penal act which entailed the death of the supporter and established judicially). To one of parents, the spouse or other family members specified in Item 2 of part 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 according to the procedure, established by the legislation of the Russian Federation.
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 or reached age of 18 years and finished training in the main educational programs of the main general or secondary general education in the organizations performing educational activities for the period till September 1 of year in which the specified training is complete (further also - the children who reached age of 18 years and finished training) and also the children, brothers, sisters and grandsons of the died supporter who are studying 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 23 years or children, brothers, sisters and grandsons died the 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 insurance pension on the occasion of loss of the supporter according to Item 1 of this part also do not work;
3) parents and the spouse of the died supporter if they reached age of 65 and 60 years (according to the man and the woman) (taking into account the provisions provided by appendix 6 to this Federal Law) or are disabled people;
4) the grandfather and the grandmother of the died supporter if they reached age of 65 and 60 years (according to the man and the woman) (taking into account the provisions provided by appendix 6 to this Federal Law) 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 supporter, the children of the died supporter who reached age of 18 years and finished training 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 (except the children who reached age of 18 years specified in part 4.1 of this Article).
4.1. Dependence of the children of the died supporter who reached age of 18 years which are studying 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 23 years provided that on the date of the death of the supporter they did not carry out work and (or) other activities during which they are subject to mandatory pension insurance according to the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation" is supposed and does not require proofs.
4.2. The children of the died supporter who reached age of 18 years, studying 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 of 23 years which were carrying out on the date of the death of the supporter work and (or) other activities during which they were subject to mandatory pension insurance according to the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation" by them are recognized consisting in its dependence if they received from it the help which was for them the permanent and main source of means of livelihood.
5. Disabled parents and the spouses of the died supporter who were not consisting in its dependence have the right to insurance 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. Disabled 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 insurance pension on the occasion of loss of the supporter.
7. The insurance 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 insurance 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 insurance 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 insurance 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 dead of the stepson or the stepdaughter. The stepson and the stepdaughter have the right to insurance 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 the died stepmother.
10. The insurance pension on the occasion of loss of the supporter is established irrespective of duration of insurance years of service of the supporter from among insured persons, and also from the reason and time of approach of his death, except as specified, provided by part 11 of this Article.
11. In case of total absence at the died insured person of insurance years of service or in case of making by disabled members of the family of the died supporter of the 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 of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation" is established.
1. The insurance years of service join the periods of work and (or) other activities which were carried out in the territory of the Russian Federation by persons specified regarding 1 article 4 of this Federal Law provided that for these periods insurance premiums were assessed or paid to Fund of pension and social insurance of the Russian Federation.
2. The periods of work and (or) other activities which were carried out by persons specified regarding 1 article 4 of this Federal Law outside the territory of the Russian Federation join in insurance years of service in cases, stipulated by the legislation the Russian Federation or international treaties of the Russian Federation, or in case of payment of insurance premiums in Fund of pension and social insurance of the Russian Federation according to the Federal Law of December 15, 2001 No. 167-FZ "About mandatory pension insurance in the Russian Federation".
1. In insurance years of service on an equal basis with the periods of work and (or) other activities which are stipulated in Article the 11th this Federal Law are set off:
1) the period of passing of military service, and also other service equated to it provided by the Law of the Russian Federation of February 12, 1993 No. 4468-1 "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";
2) the period of receipt of benefit on compulsory social insurance in the period of temporary disability;
3) the period of care of one of parents of each child before achievement of age by it one and a half years, but no more than six years in total;
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