ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 6, 2016 No. 884

About approval of the Regulations on the commission on realization of the pension rights of citizens and Rules of the appeal to the commission on realization of the pension rights of citizens

According to part 6 of article 5.1 of the Federal law "About Features of Provision of Pensions of the Citizens of the Russian Federation Living in the Territories of the Republic of Crimea and the Federal City of Sevastopol" Government of the Russian Federation decides:

Approve enclosed:

Regulations on the commission on realization of the pension rights of citizens;

Rules of the appeal to the commission on realization of the pension rights of citizens.

Approved by the Order of the Government of the Russian Federation of September 6, 2016 No. 884

Regulations on the commission on realization of the pension rights of citizens

1. The commission on realization of the pension rights of citizens (further - the commission) is created respectively by Council of Ministers of the Republic of Crimea and the Government of Sevastopol (further - authorized bodies) for the purpose of the confirmation of the periods of work and (or) other activities included in insurance (labor) years of service and the earnings size for the work periods which took place in the territory of the Republic of Crimea and (or) the territories of Sevastopol, the citizens of the Russian Federation who were constantly living in the territory of the Republic of Crimea or the territory of Sevastopol as of March 18, 2014, the citizens of the Russian Federation who did not have permanent residence (not living) in the specified territories which had the periods of work and (or) other activities which were carried out in the territory of the Republic of Crimea and the territory of Sevastopol from March 17 to December 31, 2014 (further - citizens) if they have no opportunity to confirm the specified periods and the size of earnings according to the procedure established by the legislation of the Russian Federation.

2. In the work the commission is guided by the Constitution of the Russian Federation, the Federal Laws "About Insurance Pensions", "About the State Provision of Pensions in the Russian Federation", "About Features of Provision of Pensions of the Citizens of the Russian Federation Living in the Territories of the Republic of Crimea and the Federal City of Sevastopol" (further - the Federal Law) and "About features of provision of pensions of the citizens of the Russian Federation having the work periods in the territories of Ukraine, the Donetsk People's Republic and the Luhansk People's Republic, the Republic of Crimea and federal city of Sevastopol about recognition of invalid part 5 of article 5.1 of the Federal Law "About features of provision of pensions of citizens of the Russian Federation, living in the territories of the Republic of Crimea and the federal city of Sevastopol" and introduction of amendments to articles 6 and 8 of the Federal law "About Features of Pension and Collateral Social Security of the Citizens Living in the Territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia Region and Kherson Region", other regulatory legal acts of the Russian Federation and this Provision.

3. The main objectives of the commission are:

a) establishment of the periods of work and (or) other activities taking place in the territory of the Republic of Crimea and (or) the territories of Sevastopol till January 1, 2015 included in insurance (labor) years of service;

b) establishment of the size of earnings for the work periods taking place in the territory of the Republic of Crimea and (or) the territories of Sevastopol till January 1, 2002.

4. The commission for the purpose of realization of the tasks assigned to it performs the following functions:

a) considers applications for establishment of the periods of work and (or) other activities included in insurance (labor) years of service, and statements for establishment of the size of earnings of the citizen (further - the statement) and the submitted documents;

b) gives assessment of the submitted documents on compliance to provisions of parts 2 and 4 of article 5.1 of the Federal Law;

c) conducts interrogation of witnesses according to part 3 of article 5.1 of the Federal Law;

d) takes out by results of consideration of the application, testimonies of witnesses and assessment of the submitted documents the decision on establishment (refusal in establishment) the periods of work and (or) other activities included in insurance (labor) years of service and also the size of earnings of the citizen;

e) brings the specified decision to the citizen and territorial authority of Fund of pension and social insurance of the Russian Federation at the place of residence (stay, the actual accommodation) the citizen, and concerning the citizen who is the pensioner - to territorial authority of Fund of the pension and social insurance of the Russian Federation performing its provision of pensions;

e) performs accounting and document storage, created in work progress of the commission, according to the procedure, stipulated by the legislation the Russian Federation for document storage on staff.

5. The commission has the right:

a) request and receive in accordance with the established procedure from state bodies, local government bodies and the organizations the materials and data necessary for the solution of the questions entering its competence;

b) involve representatives of the organizations which are not part of the commission whose participation is required for decision making on cases in point;

c) make offers on material logistics of work of the commission in the relevant authorized body.

6. The commission is formed as a part of the chairman, the vice-chairman, members of the commission and the responsible secretary of the commission.

The commissions are included representatives according to the Ministry of Labour and Social Protection of the Republic of Crimea and Department of work and social protection of the population of the city of Sevastopol, territorial authority of Fund of pension and social insurance of the Russian Federation, territorial authority of the Federal Tax Service, labor unions, employers, and also archive organizations.

The structure of the commission affirms the relevant authorized body.

7. Commission chairman is the deputy manager of the relevant authorized body who bears responsibility for accomplishment of the powers assigned to the commission.

8. The quantitative structure of the commission cannot be less than 7 people.

9. The commission gathers as required, but at least once a month.

Commission sessions are held by the commission chairman or on specifying of the commission chairman by his deputy.

10. Commission session is considered competent if at it there are at least two thirds of total number of members of the commission, and at consideration at commission session of the documents specified in Item 8 of part 2 and Item 5 of part 4 of article 5.1 of the Federal Law - if there are all members of the commission.

In case of impossibility of presence of the member of the commission on commission session he shall inform on it the commission chairman and provide the opinion on cases in point in writing.

11. Members of the commission have no right to disclose the data which became to them known in work progress of the commission.

12. Decisions of the commission are made by a majority vote the members of the commission who are present at meeting taking into account the provided written opinion of the absent members of the commission. In case of equality of votes the chairman's voice on commission session is decisive.

The decision of the commission on establishment of the periods of work and (or) other activities and the size of earnings of the citizen by results of consideration of the documents specified in Item 8 of part 2 and Item 5 of part 4 of article 5.1 of the Federal Law is accepted unanimously.

13. By results of commission session within 5 working days the minutes of the commission which are signed by all members of the commission participating in meeting and are certified by seal of the relevant authorized body are drawn up.

14. In the minutes of the commission are specified:

a) the questions considered on commission session;

b) the documents submitted for review on commission session and their details;

c) the established periods of work and (or) other activities of the citizen;

d) the established size of earnings of the citizen;

e) the established periods of work of the citizen based on testimonies of witnesses;

e) the periods of work and (or) other activities and (or) the size of earnings of the citizen which establishment it is refused, causes of failure.

15. The member of the commission not concordant with the decision made on the commission session having the right to state in writing the opinion which is subject to attaching to the minutes of the commission.

16. The decision of the commission is drawn up in the form of commission session minutes abstract.

The minutes abstract of commission session is sent to the citizen in electronic form to the e-mail address or the postal address which are specified in the statement, no later than 3 working days from the date of signing of the minutes of the commission.

If the citizen is pensioner, the commission session minutes abstract in the specified time goes to territorial authority of Fund of pension and social insurance of the Russian Federation in the location of payable case by the courier, by mail or in electronic form on communication channels with use of means of cryptographic information security.

17. The responsible secretary of the commission performs reception of applications, will organize carrying out commission sessions, creates the agenda of meeting, performs preparation of materials and informs members of the commission, the citizen and witnesses on time and the venue of the regular meeting, provides execution of the minutes of the commission and record keeping.

18. Organizational technical supply of activities of the commission is determined by the relevant authorized body.

Approved by the Order of the Government of the Russian Federation of September 6, 2016 No. 884

Rules of the appeal to the commission on realization of the pension rights of citizens

1. These rules determine procedure for the address of the citizens of the Russian Federation who were constantly living in the territory of the Republic of Crimea or the territory of Sevastopol as of March 18, 2014, and the citizens of the Russian Federation who did not have permanent residence (not living) in the specified territories which had the periods of work and (or) other activities which were carried out in the territory of the Republic of Crimea and the territory of Sevastopol from March 17 to December 31, 2014 (further - citizens), in the commission on realization of the pension rights of citizens created respectively by Council of Ministers of the Republic of Crimea and the Government of Sevastopol (further - the commission).

2. The statement for establishment of the periods of work and (or) other activities and (or) the size of earnings of the citizen (further - the statement) with application of documents specified in parts 2 - 4 articles 5.1 of the Federal law "About Features of Provision of Pensions of the Citizens of the Russian Federation Living in the Territories of the Republic of Crimea and the Federal City of Sevastopol", moves the citizen (his representative) in any form in territorial authority of Fund of pension and social insurance of the Russian Federation at the place of residence (stay, the actual accommodation) the citizen directly or goes by mail.

If the citizen is pensioner, the application is submitted (goes) to territorial authority of Fund of pension and social insurance of the Russian Federation in the location of its payable case.

The citizens who after March 18, 2014 left on permanent residence of the territory of the Republic of Crimea or the territory of Sevastopol submit the application to territorial authority of Fund of pension and social insurance of the Russian Federation at the last place of residence (stay, the actual accommodation, work) in the territory of the Republic of Crimea or Sevastopol.

3. The following data shall be specified in the statement:

a) name of the commission on realization of the pension rights of citizens;

b) surname, name, middle name (in the presence) citizen;

c) the insurance number of the individual ledger account in system of the individual (personified) accounting;

d) residential address (stay, actual accommodation), e-mail address (in the presence);

e) details of the identity document of the citizen;

e) the information about the citizen's representative (surname, name, middle name (in the presence) the representative, the residential address (stay), details of the identity document of the representative, and details of the document confirming it powers);

g) the list of the documents submited the commissions with indication of their details;

h) method of receipt of the decision of the commission;

i) date of filling of the statement.

4. The application shall be signed by the citizen (representative).

5. The statement with the documents attached to it is registered territorial authority of Fund of pension and social insurance of the Russian Federation in the special magazine of registration of such statements.

The fact and date of reception of an application with the documents attached to it is confirmed by the receipt notification issued to the applicant by territorial authority of Fund of pension and social insurance of the Russian Federation. If the statement arrived by mail, the receipt notification goes to the applicant in the same procedure.

6. The application accepted by territorial authority of Fund of pension and social insurance of the Russian Federation with the documents attached to it is directed to the commission within 3 working days from the date of their acceptance by the courier, by mail or in electronic form on communication channels with use of means of cryptographic information security.

 

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