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Ministry of Justice

Russian Federation

On July 11, 2017 No. 47361

ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

of April 6, 2017 No. 338n

About approval of Administrative regulations of provision by the Pension Fund of the Russian Federation of the state service in pension payment to the citizens leaving (left) on permanent residence of the territory of the Russian Federation

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651, No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, 4294; No. 52, Art. 7082; 2017, No. 1, the Art. 12), the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

Approve the enclosed Administrative regulations of provision by the Pension Fund of the Russian Federation of the state service in pension payment to the citizens leaving (left) on permanent residence of the territory of the Russian Federation.

Minister

M. A. Topilin

Approved by the Order of the Ministry of Labour and Social Protection of the Russian Federation of April 6, 2017, No. 338n

Administrative regulations of provision by the Pension Fund of the Russian Federation of the state service in pension payment to the citizens leaving (left) on permanent residence of the territory of the Russian Federation

I. General provisions

Subject of regulation of Administrative regulations

1. These Administrative regulations determine procedure for provision by the Pension Fund of the Russian Federation (further - RPF) through the territorial authorities of the state service in pension payment to the citizens leaving (left) on permanent residence of the territory of the Russian Federation (further - the state service), including insurance pensions, funded pension and pensions on the state provision of pensions, except long-service pension the federal government employee and social pensions (further - pension) terms and the sequence of ministerial procedures by provision by territorial authorities of RPF of the state service.

If the international treaty (agreement) of the Russian Federation establishes other rules, than are provided by these Administrative regulations, rules of the international treaty (agreement) of the Russian Federation are applied.

2. By provision of the state service accomplishment of the ministerial procedures directed to realization of the rights of citizens according to the submitted application is performed: about delivery of pension; about change of personal data; about request of payable case; about issue of the certificate of the pension amounts which are not received during lifetime by the pensioner; about pension payment recovery; about pension payment renewal; about voluntary compensation of excessively received pension amounts; about payment of the added pension amounts which were due to the pensioner and remained not received in connection with his death; about the pension payment termination; about departure out of limits of the territory of the Russian Federation; about refusal of receipt of the granted pension (further - the statement).

3. The provisions of these Administrative regulations relating to pension payment are equally applied to payment of fixed payment to insurance pension (taking into account increase in fixed payment to insurance pension), shares of insurance pension on old age, except long-service pension the federal government employee and social pensions if other is not established by the legislation of the Russian Federation.

Circle of applicants

4. The state service is provided to the citizens of the Russian Federation, foreign citizens and persons without citizenship leaving (left) on permanent residence of the territory of the Russian Federation, pensions to which are established according to the Federal Law of December 28, 2013 No. 400-FZ "About insurance pensions" (The Russian Federation Code, 2013, No. 52, Art. 6965; 2014, No. 2 (amendment); 2015, No. 27, Art. 3964; 2016, No. 1, Art. 5; No. 22, Art. 3091; No. 27, Art. 4183; No. 52, the Art. 7477, 7486) (further - the Federal Law of December 28, 2013 No. 400-FZ); part 3 of article 9 of the Federal Law of December 28, 2013 No. 424-FZ "About funded pension" (The Russian Federation Code, 2013, No. 52, Art. 6989; 2016, No. 22, the Art. 3091) (further - the Federal Law of December 28, 2013 No. 424-FZ); The Federal Law of December 15, 2001 No. 166-FZ "About the state provision of pensions in the Russian Federation" (The Russian Federation Code, 2001, No. 51, Art. 4831; 2002, No. 30, Art. 3033; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 19, Art. 1835; No. 35, Art. 3607; 2006, No. 48, Art. 4946; No. 52, Art. 5505; 2007; No. 16, Art. 1823; 2008; No. 30, Art. 3612; 2009, No. 29, Art. 3624; No. 30, Art. 3739; No. 52, Art. 6417; 2010, No. 26, Art. 3247; No. 31, Art. 4196; 2011, No. 1, Art. 16; No. 14, Art. 1806; No. 19, Art. 2711; No. 27, Art. 3880; 2013, No. 14, Art. 1659, 1665; No. 27, Art. 3477; 2014, No. 30, Art. 4217; 2015, No. 48, Art. 6724; 2016, No. 1, Art. 5; No. 22, Art. 3091; No. 27, the Art. 4160) (further - the Federal Law of December 15, 2001 No. 166-FZ), except for citizens to whom action of international treaties of the Russian Federation extends, and also in case of non receipt of the added pension amount in connection with the death of the specified citizens to members of their family and heirs (further - citizens).

5. The citizen can use the state service through the legal or authorized representative (further - the representative).

At the same time personal participation of the citizen in legal relationship on receipt of the state service does not deprive of it the right to have the representative, as well as participation of the representative does not deprive of the citizen of the right to personal participation in the specified legal relationship.

Requirements to procedure for informing on provision of the state service

6. Reception of citizens concerning provision of the state service is performed according to employment policies and procedures of territorial authority of RPF.

RPF location: Moscow, st. Shabolovka, 4.

The postal address for the direction of documents: st. Shabolovka, 4, GSP-1, Moscow, 119991, RPF.

Fax: (495) 987-80-70.

The address of the official site of RPF on the Internet (further - the Internet): www.pfrf.ru (further - the website of RPF).

Data on the territorial authorities of RPF performing provision of the state service (the name of territorial authorities of RPF, postal addresses, numbers of telephone numbers for enquiries and faxes, and also the working schedule) are posted on the website of RPF, in the federal state information system "Single Portal of the State and Municipal Services (Functions)" www.gosuslugi.ru (further - the Single portal), at the information stands located in rooms in which the state service is provided.

7. Informing citizens concerning provision of the state service is performed by the official of structural division of territorial authority of the RPF responsible for provision of the state service (further - the official):

in case of the direct appeal of the citizen to territorial authority of RPF;

by means of telephone and fax connection;

by design of information stands in places of provision of the state service on which information and documents specified in paragraphs the sixteenth - twenty third Item 57 of these Administrative regulations are placed;

by the publication of information materials in mass media, editions of information brochures, booklets, other printed materials;

placements of information on the website of RPF and on the Single portal;

by placement of brochures, booklets and other information materials in premises of the territorial authorities of RPF intended for reception of citizens and also in other organizations of all patterns of ownership in coordination with the specified organizations, including in the multipurpose centers of provision of the state and municipal services (further - the multipurpose center);

by means of answers to written addresses of citizens.

8. When informing on procedure for provision of the state service by phone the official, having accepted telephone call, it shall be provided: tell surname, the name, middle name (in the presence), position, the name of structural division of territorial authority of RPF.

The official shall report the schedule of reception of citizens, the exact postal address of territorial authority of RPF, journey method to it, and if necessary - requirements to the written address.

Informing citizens by phone about procedure for provision of the state service is performed according to the working schedule of territorial authority of RPF.

During the conversation the official shall pronounce words accurately and not interrupt conversation because of receipt of other call.

In case of impossibility to answer the phone call the questions raised by the citizen it shall be readdressed it (is transferred) to other official or to the addressed citizen the phone number on which it is possible to obtain necessary information shall be told.

Phone conversation shall not continue more than ten minutes.

9. In case of responses to phone calls and oral addresses concerning provision of the state service the official shall provide the following information according to the arrived address:

about the regulatory legal acts regulating questions of provision of the state service (the name, number, acceptance date of regulatory legal act);

about the list of categories of the citizens having the right to the state service;

about the list of the documents necessary for receipt of the state service;

about terms of provision of the state service;

about reasons for refusal in provision of the state service;

about the location on the website of RPF of information on questions of provision of the state service.

10. The following information and documents are posted on the website of RPF:

full names and postal addresses of territorial authorities of RPF;

phone numbers - answerphones (in the presence), help phone numbers of structural divisions of territorial authorities of RPF;

working hours of territorial authorities of RPF;

excerpts from the regulatory legal acts containing the regulations regulating activities of territorial authorities of RPF for provision of the state service;

the list of categories of the citizens having the right to the state service;

list of the documents necessary for receipt of the state service;

forms of statements and models of their filling;

terms of provision of the state service;

the text of these Administrative regulations with appendices;

short description of procedure for provision of the state service.

II. Standard of provision of the state service

Name of the state service

11. The state service in pension payment to the citizens leaving (left) on permanent residence of the territory of the Russian Federation.

The name of the state non-budgetary fund providing the state service

12. The state service is provided by territorial authorities of RPF.

Territorial authorities of RPF by provision of the state service have no right to demand from the citizen of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies, local government bodies, the organizations.

Description of result of provision of the state service

13. The satisfaction of the submitted application or refusal in satisfaction of the submitted application is result of provision of the state service.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service if the possibility of suspension is stipulated by the legislation the Russian Federation, the term of issue (direction) of the documents which are result of provision of the state service

14. The term of provision of the state service is estimated from the date of the request of the citizen for provision of the state service.

Day of acceptance by territorial authority of RPF of the statement and the documents provided by Items 27, of 28, of 31 - 40 presents of Administrative regulations is considered day of the request for provision of the state service.

In case of the direction of the statement and documents provided by Items 27, of 28, of 31 - 40 presents of Administrative regulations, by mail the date specified on postage stamp of the organization of mail service in the place of departure of this statement is considered day of the request for provision of the state service.

In case of submission of the statement in electronic form day of the request for provision of the state service date of filing of application in electronic form is considered.

In case of the filing of application and documents provided by Items 27, of 28, 31 - 40 (except for the documents provided by paragraphs second and third Item 38) of these Administrative regulations through the multipurpose center date of reception of an application by the multipurpose center is considered day of the request for provision of the state service.

15. Entering of information into payable case of the citizen according to the submitted application for delivery of pensions, the statement for change of personal data, the statement for departure of the pensioner out of limits of the territory of the Russian Federation, is performed not later than in three working days after obtaining by territorial authority of RPF of the specified statements with the documents provided by Items 27, of 28, and also Items 35, of 36, paragraphs second and third Item 38 of these Administrative regulations respectively.

16. The application for renewal of pension payment is considered by territorial authority of RPF not later than in five working days from the date of acceptance by territorial authority of RPF of the specified statement with all necessary documents.

Renewal of pension payment is made from the first following after month in which the territorial authority of RPF received the application for renewal of pension payment and documents, the stipulated in Item 31 present of Administrative regulations.

17. The application for recovery of pension payment is considered by territorial authority of RPF not later than in five working days from the date of obtaining by territorial authority of RPF of the specified statement and documents provided by Items 27, of 28, 33 presents of Administrative regulations. Pension payment is recovered:

in case of cancellation of the judgment about the announcement of the citizen by the dead or recognition of the citizen it is unknown absent - from the first following after month in which the relevant decision of court became effective;

at the request of the citizen in case of approach of new circumstances or proper confirmation of the former circumstances granting the right to establishment of insurance pension if from the date of the termination of payment to the specified pension there passed no more than 10 years, - from the first following after month in which the territorial authority of RPF receives the statement for recovery of pension payment and documents, the stipulated in Item 33 presents of Administrative regulations;

in case of submission by the citizen of the statement for recovery of payment of insurance pension after refusal of its obtaining based on Item 5 of part 2 of article 25 of the Federal Law of December 28, 2013 No. 400-FZ - from the first following after month in which the territorial authority of RPF receives the corresponding petition from the citizen;

in case of submission by the citizen of the statement for recovery of payment of insurance pension <1> and documents (information), stipulated in Item the 38th these Administrative regulations, - from the first following after month in which the territorial authority of RPF receives the corresponding application and necessary documents (information) which obligation on representation is assigned to the citizen.

--------------------------------

<1> Concerning citizens to whom pension payment was suspended in case of non-presentation to the statement for departure of the pensioner out of limits of the territory of the Russian Federation of the documents (information) provided by paragraphs second and third Item 38 of these Administrative regulations, in time, No. 400-FZ determined by part 3 of article 22 of the Federal Law of December 28, 2013, and then is stopped based on Item 2 of part 1 of article 25 of the Federal Law of December 28, 2013 No. 400-FZ.

18. In case of conducting check of reliability of the documents necessary for recovery or renewal of payment of insurance pension, non-presentation by state bodies, local government bodies or organizations subordinated to state bodies or local government bodies at the scheduled time of documents the territorial authority of RPF has the right to suspend the term of consideration of the application about recovery of pension payment, the statement about renewals of pension payment before completion of check, submission of the documents requested in the specified bodies and the organizations, but no more than for three months.

Suspension of term of consideration of the application about recovery of pension payment, the statement for renewal of pension payment is drawn up by the decision of territorial authority of RPF.

Upon completion of check, receipt of all documents requested by territorial authority of RPF in state bodies, local government bodies or organizations, expiration of three months subordinated to state bodies or local government bodies from the date of suspension of term of consideration of the application about recovery of pension payment, the statement for pension payment renewal the term of consideration of the corresponding statement is recovered.

The territorial authority of RPF informs the citizen on suspension and recovery of term of consideration of the application about pension payment recovery, about renewal of pension payment by the direction of the relevant decision by the method allowing to determine the fact and date of its direction.

19. Consideration of the application about voluntary compensation of excessively received pension amounts and decision making about deduction from the established pension of the pension amounts which are excessively paid to the pensioner is performed by territorial authority of RPF no later than five working days from the date of receipt of the corresponding statement by territorial authority of RPF.

Pension accrual taking into account compensation of the pension amounts which are excessively received by the citizen according to the submitted application for voluntary compensation of excessively received pension amounts is made from the first following after month of receipt of this statement by territorial authority of RPF, but not earlier than the date specified by the citizen in the statement.

20. The application for departure out of limits of the territory of the Russian Federation is considered by territorial authority of RPF not later than in five working days:

from the date of receipt by territorial authority of RPF of the statement and the documents provided by paragraphs second and third Item 38 of these Administrative regulations;

from the date of, following behind day in which term, stipulated in Item 3 articles 22 of the Federal Law of December 28, 2013 No. 400-FZ, for representation by the citizen of the documents specified in paragraphs second and third Item 38 of these Administrative regulations expired.

The application form about departure out of limits of the territory of the Russian Federation is provided by appendix No. 1 to the Regulations on payment procedure of insurance pension to persons leaving (left) on permanent residence of the territory of the Russian Federation to No. 1386 approved by the order of the Government of the Russian Federation of December 17, 2014 "About payment procedure of pensions to persons leaving (left) on permanent residence of the territory of the Russian Federation" (The Russian Federation Code 2014, No. 52, Art. 7774; 2016, No. 34, the Art. 5250) (further - the Order of the Government of the Russian Federation of December 17, 2014 No. 1386).

21. Payment of the pension amounts which were due to the pensioner and remained not received in connection with his death, to the members of the family of the dead living with him on the date of his death or to heirs of the dead under the certificate on the right to inheritance is made within ten working days after receipt by territorial authority of the RPF of the statement for payment of the added pension amounts which were due to the pensioner and remained uncollected in connection with his death and documents, stipulated in Item the 39th these Administrative regulations.

22. The certificate of the pension amounts which are not received during lifetime by the pensioner is issued by territorial authority of RPF within three working days after receipt by territorial authority of RPF of the statement for issue of the certificate of the pension amounts which are not received during lifetime by the pensioner and documents, stipulated in Item the 40th these Administrative regulations.

23. Decision making about the termination of pension payment is performed by territorial authority of RPF within one working day following behind day in which the territorial authority of RPF receives the application for the termination of pension payment and documents, the stipulated in Item 32 presents of Administrative regulations, or the declaration of abandonment of receipt of the granted pension.

Pension payment stops:

in case of the termination of training in full-time according to the main educational programs in the organization performing educational activities including in the foreign organization located outside the territory of the Russian Federation if the direction on training is made according to international treaties of the Russian Federation, the citizen 18 years are aged more senior, than the supporter receiving pension on the occasion of loss, in case of its translation on correspondence or part-time courses, and also in other cases of acquisition of working capacity by the citizen receiving pension on the occasion of loss of the supporter - from the first following after month in which there came the circumstances stated above;

in case of revenues to work (renewal of other activities which are subject to inclusion in insurance years of service) of the citizen receiving pension which payment depends on performance of work (pension payment on the occasion of loss of the supporter to the citizen occupied with care of the children, brothers, sisters or grandsons of the died supporter who did not reach 14 years; others stipulated by the legislation cases of the Russian Federation) - from the first following after month in which the citizen went to work;

in case of refusal the citizen from receipt of the granted insurance pension - from the first following after month in which the territorial authority of RPF receives the corresponding petition from the citizen;

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