Putin changed the procedure for assigning pensions

11 changes to the pension system in 2021

Mothers with many children can retire earlier than usual:

• at the birth of three children - at 57 years old:
• at the birth of four - at 56 years old;
• for the birth of five or more - at 50 years.

But there is no transition period for them, so already in 2021 you need to have at least 15 years of experience and 21 pension points.

In 2021, for the first time, mothers with many children will be able to use their right to early retirement on new grounds - for now only if they have at least four children. In 2021, the normal retirement age was already lower than the preferential age. But in the second half of 2021, mothers of four children can retire at 56 years old - six months earlier than others.

Mothers of three children will use the benefit no earlier than 2023.

For mothers of five or more children, the benefit existed before - it still works the same way. Fathers do not have such a benefit.

Even if you don’t have enough experience and points, the state still won’t leave you without a pension: in such cases they pay a social pension. It is equal to the fixed part of the insurance pension with an increase in the form of a social supplement.

But the right to such a pension arises 5 years later than usual. Taking into account the transition period, in 2021 it is 61 years and 6 months for women and 66 years and 6 months for men.

Northerners, teachers, doctors, artists and civil servants have their own specific rules for assigning pensions. About them - in another analysis.

If in 2021 Russians retired at 55.5 (women) and 60.5 years (men), then starting next year this will happen a year later. In 2028, the retirement age for women will be set at 60 years, for men at 65 years. But if a person cannot find a job, he will be able to retire two years early.

“Confirmation that a person cannot find a job is issued by the employment center,” explained the Pension Fund. In addition, an important role is played by the fact that the person did not quit his previous job, but was laid off or lost his position due to the liquidation of the organization or enterprise.

At the same time, the insurance length of the unemployed pre-retirement worker must be at least 25 years for men and 20 years for women.

What has changed in the pension system since 2021

From January 1, you can dispose of your maternity capital faster. A law comes into force that reduces the time frame for considering citizens' appeals.

Thus, the Pension Fund will now make a decision on applications for disposal of certificate funds within ten days, and not a whole month, as it was before. In some cases, the deadlines may be extended to fifteen and twenty days if there is a need to request information from other departments. If the Pension Fund makes a positive decision, it will transfer the money within three working days.

From January 1, another part of the list of waste that is prohibited from being buried without recycling comes into force. The document was adopted by the government back in 2021. The list itself consists of three parts: first, the requirements regarding scrap metal came into force, then - waste paper and plastic, and now the time has come for equipment and batteries.

“Today, 20% of the total volume of solid municipal waste is sent to sorting facilities,” said Deputy Prime Minister Victoria Abramchenko, speaking at a meeting of the State Council in December. — By 2024, this figure will be more than 50%, by 2030 — 100%. By 2024, 12% of solid municipal waste will be used for recycling, and by 2030 - 50%.” The planned increase will occur, among other things, due to electronics sent for recycling.

Rules regulating the specifics of use, protection, protection, and reproduction of forests located on the lands of populated areas come into force. Now special attention will be paid to their condition.

“All forest parks located in populated areas belong to the category of protective forests,” explained Roslesinforg. “It is prohibited to harvest wood there, and cutting down trees is possible only for sanitary purposes.”

The new hunting rules, which come into force on January 1, contain several very important changes. One of the main innovations is permission to use bows and crossbows. Previously, such silent weapons were prohibited.

Another block concerns the rules of hunting in the dark. On the one hand, it will be possible to use light devices, thermal imagers, and night vision devices when hunting ungulates, bears, wolves, jackals, foxes, raccoon dogs, badgers, and beavers. But at the same time, the hunters themselves will need to wear clothes with reflective elements. This is done to reduce the likelihood of accidentally injuring any of the participants in the hunt.

From January 1, labeling of light industry goods becomes mandatory. First of all, it includes men's, women's, children's outerwear and sportswear, as well as home textiles of all types. The relevant customs codes are listed in the government order dated April 28, 2021.

According to the document, the following types of light industry goods are subject to labeling: items of clothing, including workwear, made from natural or composite leather; blouses, blouses and blouses, knitted by machine or hand knitting, for women or girls; coats, short coats, capes, raincoats, jackets (including ski jackets), windbreakers, windbreakers and similar items for men or boys; coats, short coats, capes, raincoats, jackets (including ski jackets), windbreakers, windbreakers and similar items for women or girls; bed linen, table linen, toilet linen and kitchen linen.

What cases does this not apply to?

In Art. 99 Federal Law “On Enforcement Proceedings” will appear in Part 3.1. It introduces exceptions when bailiffs can withdraw amounts to pay off a debt without taking into account this inviolable minimum:

• if the collection is to pay off alimony debt for minor children;
• for compensation for damage to health;
• compensation for damages in connection with the death of the breadwinner;
• if there is compensation for damage caused by a crime.

Banks also retain the right to write off utility bills and funds for “other requirements for mandatory payments to the budget and extra-budgetary funds.”

And one more important note: the law will come into force only on February 1, 2022. So until this point, the old rules for writing off income apply.

In 2021, the retirement age will change, pensions and taxes for the rich will increase

For working pensioners, 2021 brought not very good news: they will receive pensions under the new law. This means that their insurance pension will not increase (past increases are not taken into account). If a pensioner decides to resign, he will receive an indexed pension next month.

Pension indexing will be carried out by the percentage that was introduced during the time they worked while officially pensioners. The recalculation process is not quick (it will take about three months), so additional payments to pensioners will be paid during the waiting period.

Note: pensioners do not have to submit their resignation letter to the pension fund themselves. The employer will provide all the necessary information.

Today there are over 7 million citizens of retirement age in the country who continue to work. Everyone who is approaching the retirement age is interested in the question: will they be paid a pension if they continue to work?

Not long ago, everyone knew that upon reaching a certain age they would receive a pension. But after the reform to freeze pensions passed, many are worried whether they will be deprived of their pension benefits?

According to the indexation law, no payments will be made to working pensioners. To balance the situation, the government decided to recalculate for citizens who were employed according to the law.

The recalculation will take place like this:

1. Tax payments from salaries will be taken into account. To do this, employers will be asked to provide information on the amount of deductions that are made monthly. We are talking about 13 percent contributions to the state, which are deducted from the money earned even before it is issued to the pensioner.
2. If the information provided is incorrect, the recalculation will also be incorrect.
3. The amount of payments directly affects the accrual of points: the higher it is, the higher the bonus point the pensioner will have after the new calculation.
4. For the maximum pension supplement, you need to get three points, which will amount to a maximum pension supplement of 245 rubles.

Of course, the amount is not impressive. The conclusion is the following: for working pensioners in 2021, the recalculation is not carried out to improve their financial condition. Most likely, they are trying to systematize the point system. In addition, in this way the state will be able to receive information about tax deductions.

The draft law, which talked about indexing pension payments to pensioners who continue to work, was not approved in the State Duma. The reason for the deviation is the difficult economic condition of the country.

To improve the situation, insurance pensions of citizens of this category will be subject to adjustment. But this will only affect officially employed people for whom employers paid taxes.

Like last year, the pension will be increased by three points. Accordingly, the increase amount is 270 rubles.

Although this is not much, not all pensioners will receive the supplement, but only those who earn little. All questions on this topic will be resolved individually.

Not long ago, the Ukrainian government introduced a tax on pensions if their amount is three times the minimum salary. After this, Russian pensioners became worried: would they also have to pay income tax?

No, the Russian government will not pass such a law, therefore pension payments (both funded and insurance), as before, are exempt from taxation. At the same time, the tax will not be levied on those funded pensions that are not in state pension funds.

But this applies to the compulsory insurance pension. If contributions are made by an employer who has entered into a pension agreement with personal income tax, then income tax will be deducted from him.

The pensioner himself can pay the tax. To do this, he needs to independently conclude an agreement with the NPS in relation to his family members.

According to the law, until what age can a pensioner work?

Just on the grounds that you are a pensioner, of course, you don’t. if you were treated or studied, you have the right to a social tax deduction. if you purchased real estate - for a property tax deduction. but no one will simply return the previously paid tax to you; this is not provided for by law. The tax is not paid so that it can be returned “out of the blue”

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Pension legislation, by its standards, significantly encourages employees who continue to work after retirement. Thus, the new law of the Russian Federation on working pensioners 2021 is aimed at stimulating people of retirement age to retire as late as possible. In accordance with the law, reaching retirement age by an employee does not mean his automatic dismissal. A pensioner can be dismissed at the initiative of the employer only on the general grounds provided for in Article 77 of the Labor Code of the Russian Federation. That is, by agreement of the parties, upon liquidation of the organization, upon expiration of the employment contract, upon reduction of staff, upon absence from work without a valid reason or appearance at work in a state of alcohol or other intoxication, and others. However, at the initiative of the employee, it is possible to transfer an employee who has reached retirement age to another position, with his direct consent.

Salary and pension of a working pensioner

From 2021, it was planned to index pensions every quarter. The first indexing was carried out on January 1, the next one in April. If no changes follow, pensions may increase by at least 10% during the current year alone.

The average pension currently is 15,000 rubles; thanks to indexation, the amount of payments will increase to 18,000.

Since indexation is not planned for working pensioners, their pension payments will not change. Accordingly, they will lose from one to two thousand rubles every month.

At first glance, the amount is insignificant, but over the course of a year the figure will be significant - from 12,000 to 24,000 rubles.

In January 2021, pensioners received the “13th pension”. The government called the payment a gift for the New Year holidays. In fact, this money is compensation for pension payments that were not indexed in the previous year.

Many working pensioners are interested in whether additional pensions will be paid this year? The issue of paying “13 pensions” to pensioners of all categories was decided by the State Duma, but the majority did not support this project. Accordingly, no additional payments will be made for 2021.

The Pension Fund plans to provide pensions to 43 million people in 2021, according to the Pension Fund’s draft budget.

From January 1, insurance pensions were indexed by 6.3%. On average, the monthly payment increased by 1,000 rubles. According to calculations by the Ministry of Labor and Social Protection, the average insurance pension for non-working pensioners in 2021 will be 17,433 rubles per month. Those pensioners who received more than 25 thousand rubles a month before 2021 can count on an insurance pension of more than 30 thousand rubles in 2021, according to the website of the Russian Pension Fund.

But payments to working pensioners will not be indexed: a moratorium on indexation has been in effect since 2021. The only increase that working pensioners can count on is an additional payment as a result of the recalculation, which will be made on August 1. The amount of the increase will not exceed three points (RUB 296.5).

“A pension is compensation for lost earnings. If a person works, then earnings are not lost. <…> It is more fair to help those who are in need, who do not work; these are the citizens who need state support,” says Finance Minister Anton Siluanov.

Even this year, the retirement age is changing: 56.5 years for women (55.5 last year) and 61.5 for men (60.5 last year).

As for funded pensions, they are still frozen and are sent to the Pension Fund for payments to current pensioners.

Law on working pensioners in the Russian Federation

In Soviet times, it was difficult to meet a working pensioner, since at that time, an employee who reached retirement age and continued to work was not entitled to a pension. In other words, there was an alternative - either work and wages, or well-deserved rest and pension. Today, everything has changed somewhat; according to the current pension legislation, a person has every right, after retirement, to continue his work activity, simultaneously receiving both a pension and a salary.

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This position of legislative documents is due to the current demographic situation on the territory of the Russian Federation, or rather the increase in the average age of the population due to a decrease in the birth rate and an increase in life expectancy with an average miscalculation. In addition, the duration of the active phase has increased - people retain strength even into retirement age, which allows them to work.

The payments that working pensioners can receive in 2021 are listed.

The scale of possible indexation was revealed by First Deputy Chairman of the Federation Council Committee on Social Policy Valery Ryazansky, RIA Novosti reports.

The indexation law could be adopted by both houses of parliament before March if the government introduces appropriate amendments to the State Duma, the senator said. According to him, indexation may require about nine billion rubles monthly.

The President previously noted that issues related to the indexation of pensions require specific additional improvements, and in this regard, the Cabinet of Ministers was ordered to make amendments and report on the work done. Vladimir Shmakov, head of the Federation of Independent Trade Unions of Russia (FNPR), drew the president’s attention to the fact that the situation in terms of pension payments is unfavorable for working pensioners. Namely, working pensioners pay contributions to the pension fund, and indexation of payments occurs only after the final dismissal. In this regard, there was a need to amend the current law.

This issue was raised several times in 2021, but remains unresolved. For 4 years, pensions of working pensioners were not indexed, which was explained by the need to reduce the deficit of the Russian Pension Fund.

The government has presented its proposals on the issue of indexing pensions for working pensioners; the presidential administration will consider the options and only then will decisions be made jointly. Press secretary of the head of state Dmitry Peskov told reporters about this, answering a question about the implementation of the relevant instructions to the Cabinet of Ministers.

Vladimir Putin gave instructions to work on this issue until February. “Work in this direction will continue, the government really presented its vision on time,” Peskov explained.

“This vision is multivariate, so our expert unit in the presidential administration will consider the proposed options and then, again together with the government, will make decisions,” Peskov said.

Depending on the income of the pensioner. It is proposed to index pension provision only for citizens with low and average salaries. However, what this amount will be is not announced.

For certain categories of citizens. In particular, the possibility of restoring the right to receive indexation for disabled pensioners is being discussed. It is worth noting that the President of the Russian Federation also agreed with this proposal during a meeting with people with disabilities and representatives of public organizations, held on December 3, 2020.

Two-stage recovery. In this case, payments to working pensioners will begin to be indexed in the same way as non-working pensioners, but without additional payments for indexations that have already been missed. For example, at the same time as those who are not working, their pensions will be increased by 5.9% from January 1, 2022, but additional payments for previous years will still be “frozen.” They will be paid only after the retiree’s dismissal.

Full and immediate renewal. Working pensioners will have their payments indexed in accordance with all missing indices and will subsequently increase them on the same basis as non-working citizens. This is the most expensive option, but also the fairest.

The indexation renewal scheme will be chosen taking into account the capabilities of the federal budget. According to various expert estimates, complete restoration will require about 200 billion rubles. in the form of a transfer from the federal budget to the budget of the Pension Fund.

Whether they will choose one of the announced options or propose some other scheme will become known in the near future. A deputy from the Communist Party faction in the State Duma, Nikolai Kolomeytsev, told the online publication Svobodnaya Pressa that the parameters of such a change and the exact timing will most likely be announced personally by President V. Putin during his address to the Federal Assembly in 2021.

The annual Presidential Address is expected to take place in February 2021. It will focus on socio-economic issues, in particular, on current issues of the pension system.

Once the authorities decide on an option for restoring indexation of pensions for working pensioners, this option will need to be enshrined in law. That is, they must develop and submit a bill with proposed changes to the State Duma, approve it in three readings of the State Duma, then receive approval from the Federation Council and submit it to the President for signature. At the same time, the parameters of the Pension Fund budget will have to be adjusted by amending the relevant law.

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The procedure for dismissal of pensioners in 2021

After writing a statement, the employee voluntarily retired. The organization issued an order and fired him from the date specified in the application. After some time, the person changed his mind and wrote a new application, this time about recalling the previous one.

The employee and employer must determine terms that are acceptable to both parties. Before issuing an order, we recommend that you sign a bilateral agreement, which states that the parties have reached mutual agreement, and also indicates the date of the upcoming dismissal and other conditions.

Retirees in 2020-2021 are subject to the same severance conditions as other active employees. To terminate an employment contract, there must be a significant reason.

1. When downsizing, employers give preference to the most qualified personnel, and retirees, in turn, have extensive work experience.
2. The application must indicate the reason and date of dismissal. A pensioner has the right to resign due to retirement; he does not need to work for a two-week period.
3. The employer has the right to terminate the employment contract on the basis of Art. 81 of the Labor Code of the Russian Federation, if a pensioner neglects his duties or violates the provisions of the law. In this situation, you can fire a pensioner without his consent.

It is important to note that an employer does not have the right to dismiss an employee solely on the basis that he has reached retirement age. At the same time, compared to other employees, working pensioners are not provided with certain benefits.

The employer must know the following rules:

• You cannot dismiss an employee because he has reached retirement age if he has not expressed such a desire;
• in the event of a lawsuit, the employee will be able to be reinstated in his position with unpleasant consequences for the employer;
• during liquidation, pensioners are dismissed from the organization on a general basis;
• when an employee of retirement age cannot cope with his responsibilities in full, but does not want to leave work, the employer may offer to change his position or switch to part-time work.

The employer has the right to offer the employee another position, since reaching retirement age is not a reason for dismissal. This is permissible if the employee provides written consent.

Dismissal of a working pensioner on a general basis:

• by agreement of the parties;
• at the initiative of the employee;
• at the initiative of the employer.

A pensioner has the right not to work for a two-week period, while the general rules for dismissing other employees have almost no differences.

In the event of a staff reduction situation, the pensioner has the advantage of remaining in this job. Employers are reluctant to part with more experienced workers, even though the law does not mandate this. But often, in organizations, it is employees of retirement age who are laid off.

An employer has every right to dismiss a working pensioner if he has committed violations that threaten him with dismissal. It is important to correctly prepare all the necessary personnel documents.

A working pensioner may take the initiative to quit. The employer has no right to interfere with this.

It is enough for the employee to fill out a letter of resignation, indicating the date and reason for dismissal “retirement”. In this case, working out a two-week period is not provided for by law. In turn, the employer dismisses such an employee, adhering to all the rules: a full payment is issued - compensation for unused vacation and wages.

In many enterprises, it is working pensioners who are subject to staff reductions. The dismissal procedure is carried out on a general basis.

The following procedure is provided:

• the employee must be warned by the employer two months in advance;
• an order is issued in the organization;
• Changes are being made to the staffing table.

Actions aimed at the possibility of “getting rid of” pensioners through staff reduction are illegal unless one of the following conditions is met.

Procedure for reducing the number or staff of employees:

1) the employer is obliged to inform the employment service about the upcoming layoff:

• 2 months – employer-organization;
• 2 weeks in advance – employer – individual entrepreneur;

2) the employer is obliged to identify persons who are prohibited from dismissal due to a reduction in numbers or staff.

The schedule must be changed: the position occupied by the pensioner is reduced.

Sometimes, in an employment contract, the employer prescribes benefits for pensioners if they have worked at a given enterprise for more than 20-25 years. Basically, this is the advantage of staying in a job when downsizing. At the same time, this is still not the employer’s obligation, but his right. However, the employer is obliged to respect this right if this condition was stated in the employment contract.

Important:

• the employer may offer the pensioner a position that is not subject to reduction;
• the basis for termination of the employment relationship may be the pensioner’s refusal of the position offered to him;
• the offer of a position and its refusal must be recorded in writing;

In case of staff reduction, the pensioner has the right to receive all benefits and compensations provided for by the Labor Code of the Russian Federation:

• wage;
• compensation for unused vacation;
• benefits for the first two months after dismissal;
• additional benefits are at the discretion of the employer.

The Pension Fund announced the size of the pension increase in 2021

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Let us remind you that the increase in the retirement age began in 2021. Every year he will add six months until he reaches 63 years for men and 58 for women. This will happen in 2022.

In 2021, men retired at 61.5 years old, and women at 56.5 years old. In 2021, the retirement age for men will be 62 years and 6 months, for women - 57 years and 6 months.

In 2022, men will retire at 63 and women at 58.

In 2021, the authorities discussed further raising the retirement age after 2022, but only for women. The IMF also recommended raising the retirement age even further. And in 2021, Alexander Lukashenko instructed the authorities to evaluate the effectiveness of the pension reform. However, officials have not yet officially spoken about further raising the retirement age.

“Let’s see how the pension reform will affect the balancing of the Fund in 2022,” explained Labor Minister Irina Kostevich.

In 2021, the minimum insurance period required to receive a labor pension will also be increased. It only includes the time when you worked and the employer paid insurance contributions to the Social Security Fund for you. In 2021, the minimum insurance period is 17.5 years; from January 1, 2021, it will increase by six months to 18 years.

The minimum insurance period increases in the same way as the retirement age: by six months every year until it reaches 20 years (this will happen in 2025). In 2013, the minimum insurance period increased from 5 to 10 years, in 2015 - from 10 to 15, and from 2016 it began to increase every year by six months.

Belarusians who have not completed their insurance period according to the new rules fall into the “pension trap”; they cannot apply for a labor pension, they can only be assigned a social pension: men - from 65 years old, women - from 60 years old. Now the social pension is 129.06 rubles.

Let us remind you that from January 1, 2021, military service in the army began to be included in the insurance period. This innovation was not supported at the discussion stage by the Ministry of Labor and the Ministry of Finance. At the same time, the authorities did not accept changes regarding university studies and maternity leave, the inclusion of which in the insurance period was discussed along with military service.

What will happen to salaries and pensions in 2021?

From 2021, disabled people of groups I and II, who have been disabled for more than 10 years, will have their insurance length requirements reduced for an old-age pension (in proportion to the time spent on disability). People with disabilities since childhood will have their length of work requirements reduced by 5 years to qualify for an early old-age pension (for women - from 20 to 15 years, for men - from 25 to 20 years).

In addition, parents of disabled children with severe health impairment who have cared for them for a long time (at least 20 years) will have their social pension increased to the minimum age pension (from 129.06 rubles to 272.57 rubles).

It is also provided that employees with incomplete insurance experience (more than 10 years, but less than required) will be assigned an old-age labor pension instead of a social pension for incomplete insurance experience. At the same time, women will be assigned such a pension upon reaching 60 years of age, and men - 65 years of age, as is provided for the social pension.

Previously, the Ministry of Labor explained that for 10 years of insurance service, the pension amount will be 73% of the pensioner’s subsistence level budget, or 142.46 rubles today. “The size of the pension will increase by every 3% of this budget for an additional year of insurance experience exceeding 10,” the department clarified.

Now those who were unable to complete their work experience can apply for a social pension.

The Russian pension system does not seem very fair: it does not have very low pensions

(below the subsistence level) and
not too high
(even with very high salaries, the pension will not be much higher than the average).

The reason is that legislation forces low pensions to be raised to the subsistence level, and only a certain share of insurance contributions can be taken into account from high salaries into pensions. So, in 2021, you can take into account contributions from your salary to a future pension of a maximum of 1,465,000 rubles per year (or 122,083.3 rubles per month). That is , with a salary of 123 thousand rubles or 500 thousand rubles per month, the same amount of contributions will be sent to the pension

.

The pension consists of pension points and a fixed payment. But under certain conditions you can get additional points, and the fixed payment increases. Of course, it’s difficult to get 30 thousand rubles even like that, but here’s what you can get:

• extra points for children. For a year of leave to care for the first child, they give 1.8 points, for the second - 3.6 points, for the third and subsequent ones - 5.4 points, but all this can last a maximum of 6 years. We count to the maximum: if you care for 4 children for 6 years (and consecutively), the state will give 24.3 points. In total this is 2,353.70 rubles;
• additional payment to the fixed payment for dependent children. They give 1/3 of the payment for each, but for a maximum of three. As a rule, we are talking about student children under the age of 23; everything else will have to be proven. But even if these are 3 dependents, they will pay an additional 6,044.48 rubles per month. The amount is not bad, but it will only be paid while the children remain dependent on the pensioner;
• additional payment for 30 years of experience in rural areas. At the same time, you also need to live in a village, for which you will pay an additional 1,511.12 rubles;
• periods of caring for an elderly or disabled person. For each year they give 1.8 points, but this payment has existed since 2007. That is, even if you apply for all 13 years, you will only be able to collect 23.4 points, or 2,266.52 rubles towards your pension.

That is, with “publicly available” additional payments you can only collect 12,175.82 rubles toward your pension. On the one hand, this is not even half of 30 thousand, on the other hand, together with the average 17.5 thousand rubles, it gives just that 30. But part of the payments (for dependents) is not constant, and collecting 6 years of child care and 13 years of child care for an elderly person is almost impossible.

True, there are other options for how to receive more than 30 thousand rubles in retirement. But again they are not for everyone:

• become a high-level official. Former mayors, heads of districts, governors and their deputies receive special pensions amounting to hundreds of thousands of rubles per month;
• invest in a funded pension. If you wish, you can transfer any amount there, which will then be divided into 264 months. And in order to get at least 15 thousand a month from savings, you need to collect 3,960,000 rubles in your account (or a little less - after all, savings grow every year with interest). But it’s unlikely that anyone in their right mind would entrust that kind of money to the state savings system. In addition, the system itself is far from ideal - simply by putting money into a deposit, you can receive even more (even though the main amount is not spent);
• invest in a non-state pension, investment or savings insurance, stocks or bonds.

In other words, in order to receive a decent pension in Russia, it is advisable to take care of this yourself.

To prevent price changes from significantly affecting the standard of living of a pensioner, the state uses the indexation method, thus maintaining the level of payments.

So, for example, in February 2021. For some Russian pensioners, it is planned to recalculate (increase) the insurance part of their labor pension by 4%. But in this case we are talking only about those who have stopped working.

Until how many years can a pensioner work in a managerial position?

Only by court decision if he is declared incompetent due to a persistent chronic mental disorder, with the participation of the guardianship council. Do not confuse incapacity with incapacity for work in which a guardian is not appointed.

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Good afternoon, Nika! In accordance with paragraph 2 of Art. 22 Federal Law "On the service of the Armed Forces of the Russian Federation, according to which you can be held for no more than 50 days of rest for each day of rest from the moment of concluding an employment contract with the employee. Regarding the fact that you do not agree within 5 years after going to court in accordance with Art. 137 of the Labor Code of the Russian Federation, when determining the size of the percentage base when remunerating an employee for the period of forced absence in the event of an illegal dismissal of an employee, it is calculated if the work book does not approve the decision to satisfy the claim. Labor Code of the Russian Federation. The beginning of the limitation period for a claim to recognize a voidable transaction as invalid and to apply the consequences of its invalidity is one year. The limitation period for the said claim begins from the day the violence or threat ceases, suspected or accused of committing a crime of minor or medium gravity, b) at least half of the sentence imposed for a serious crime, 2) violation of the duties provided for in part five of this article. 3. Arbitration courts consider and resolve the claim for divorce if there is no dispute between the spouses regarding children. Good luck to you! Sincerely, Kharchenko O V.

Indexation of pensions for working pensioners: how much? to whom? When?

Obviously, a working pensioner has certain advantages over a non-working one: he receives additional income to supplement his pension.

Under these conditions, it does not seem entirely justified for them to also receive indexation. He can always leave his job and receive his pension in full, with all additional indexations. He has the opportunity to calculate, compare and make a choice: is it worth working or not.

1) Civil pensioner.

One cannot expect a specific answer to the question of what awaits them in the new year from the news. According to forecasts made by government officials at the end of 2021, in February there should be an indexation of pension payments by 5.9%. Today they are already talking about 4%.

And yet in 2021 it is expected:

• The retirement age will increase for men and women;
• Payments to workers should be limited and this will affect those whose monthly payments exceed 80 thousand rubles;
• The moratorium on payments of the funded part of the pension will continue.

2) Civil servant.

The moment when this category should retire will become more distant. For them, the age at which they will be forced to retire is increasing, for men - up to 65, and for women - up to 63 years.

At the same time, the minimum length of service in the civil service will increase. It will be increased from 15 to 20 years. True, these changes are designed until 2026. And starting next year, women will leave the civil service at 55.5 years, and men at 60.5.

Pensioners who worked last year will have their insurance pensions increased in August of this year, based on pension points for periods of work in 2021 after the pension was assigned or after the previous undeclared recalculation of the pension amount. Pension recalculation can add only three points during the year.

This year, the cost of one pension point is 98.86 rubles. Thus, a maximum pensioner will be able to add 296.58 rubles to their pension. To receive an increase, you do not have to write any applications; the pension increase will occur automatically.

If a pensioner receiving an insurance pension is fired, he will receive additional payment from the first day of the next month after dismissal. Also, the pensioner has the right to count on payments from the employer, compensating for vacation that was not used, and benefits for dismissal due to the liquidation of the organization.

Previously, the Pension Fund of the Russian Federation gave an example explaining how, after dismissal, the payment of the full pension amount will be implemented. If a pensioner quit his job in March, in April the Pension Fund will receive reports from the employer indicating that the pensioner is still listed as working. In May, the Pension Fund will receive reports in which the pensioner is no longer listed as working. In June, he will decide to resume indexation, and only in July will the pensioner receive the full pension amount, as well as the monetary difference between the previous and new pension amounts for the previous three months - April, May, June. That is, the pensioner will begin to receive the full pension the same three months after dismissal, but these three months will be compensated to him.

“It is absolutely clear that this indicator has nothing to do with the real incomes of our citizens. For ordinary people, salaries are not growing at such a pace,” says a professor at the Department of Labor Law and Social Security Law at Moscow State Law University. Kutafina Elvira Tuchkova . – The maximum base could be of interest only to the chief accountants of companies and employees of the Pension Fund of the Russian Federation, if not for one thing. With the introduction of the point system in 2015, it plays a major role in the calculation of pensions. Its size determines how many points a person can earn in the current year. The formula is simple: the employee’s annual earnings are divided by the maximum base and multiplied by 10. What happens when the dividend does not change, but the divisor, on the contrary, grows? The answer is obvious: the quotient (that is, the result of division) becomes smaller every year. This is arithmetic from the elementary school curriculum. In other words, when the maximum base for contributions to the Pension Fund grows rapidly, as we have seen in recent years, our citizens face two serious problems. Firstly, with a stable or slightly growing salary, they automatically earn less and less pension coefficients every year. Secondly, thanks to this cunning formula, entry into the pension system now depends on the level of wages. This is, of course, unfair. So what happens? If a person has a low salary, he not only suffers from a lack of money now, but also in old age for this reason he may be left without a livelihood. Because he will not be able to earn the required 30 points, and will not receive an insurance pension at 60 (women) and 65 (men) years. What to live on until you are 65 and 70 years old, when you receive your social pension? This is really scary. These are the sad social consequences of a points-based pension system.”

Starting from 2021, a working person can earn a maximum of 10 pension coefficients per year (previously it was less - see infographic). To receive them this year, you must have earnings not lower than the maximum base level, that is, 122 thousand rubles. per month (before deducting 13% personal income tax). If the salary is higher, not 22%, but 10% of the rest goes to the Pension Fund, but they do not affect the future pension in any way.

From January 1, 2021, pensions of working pensioners stopped being indexed. This was required to reduce the Pension Fund deficit. Since then, the issue of resuming indexation has been raised several times. Several relevant bills were submitted to the State Duma, but none of them were adopted. This year, Vladimir Putin raised the topic of payments to working pensioners. The President instructed the Cabinet to prepare proposals for indexation by February 1. The government has worked on the issue. For now, this topic is only being discussed, namely, the issue of stage-by-stage indexing is being considered.

“ In addition, on January 27, the State Duma received a bill “On amendments to certain legislative acts regarding the mandatory indexation of pensions at least once a year by an amount not lower than the level of consumer prices,” said Oksana Krasovskaya, leading lawyer of the European Legal Service.

The document provides that the insurance pension, including that of working pensioners, will be indexed at least once a year. The size of the increase is no less than the increase in consumer prices over the past year.

— The bill also talks about the payment of lost amounts of insurance pensions for the period from January 1, 2021 to January 1, 2021. Thus, if the law is adopted in the form in which it was introduced, then working pensioners will have their payments indexed not only this year, but also for previous years, ” Oksana Krasovskaya explained.

It is not yet clear what laws will be adopted and when working pensioners will receive indexation. However, they can get more today. Not all older people are aware of their rights.

According to Oksana Krasovskaya, working pensioners who are not satisfied with the size of their pension can apply to the Pension Fund for a detailed calculation of payments. Then it will be possible to understand whether everything was calculated correctly. Sometimes there are times when errors occur.

— Also for the information of retired entrepreneurs, according to the law they are working. Accordingly, they do not receive indexation. At the same time, for people who are self-employed and have not entered into voluntary pension insurance, their pension is indexed. Therefore, if there is an opportunity and desire, pensioners can close their individual entrepreneurs and register as self-employed. Then they will receive the right to indexation, ” Oksana Krasovskaya explained.

A fairly wide range of citizens have the right to EDV in the country. In percentage terms, payments for everyone will rise by the amount of official inflation, that is, 4.9%. But, of course, in monetary terms they will differ significantly. The most significant increase will be felt by those awarded military awards - the gold star of the Hero of the Soviet Union, Heroes of Russia and full holders of the Order of Military Glory. The table shows the amounts of EDV for the main categories eligible for payments from February 1, 2021.