How is the amount of a labor disability pension calculated?

Under what conditions is a labor pension granted to disabled people?

Pension provision is state compensation to a citizen due to loss of ability to work. Conditions for assigning a labor pension:

• you must provide documents confirming the fact of deprivation of ability to work (medical report);
• the amount of monthly payments is not affected by working and pension experience;
• the time of filing an application for benefits does not matter (before or after getting a job);
• social benefits are assigned to citizens who have become disabled as a result of intentional harm to health.

IMPORTANT! The day of official confirmation of disability is the date of assignment of a social pension. The exception is situations when a person received a group, but did not immediately apply to a government agency.

Features of legislation

Elena Titova noted: contrary to existing stereotypes that employers do not want to hire people with disabilities, she knows of other examples:

“On the contrary, employers, even without knowing the nuances of the legislation, which allows them not to look for and allocate money for salaries to employees with disabilities, because this is guaranteed by the state, are ready to employ them.

Not many people, for example, are aware that in Belarus one of the forms of employment of people with disabilities is adaptation to work, in which the costs of paying such workers are reimbursed by the state. To do this, employers of any form of ownership, including individual entrepreneurs, can contact the labor, employment and social protection authorities to conclude an agreement on organizing the adaptation of people with disabilities to work.

It is also important that in Belarus a person with a disability who gets a job is not deprived of a disability pension.

“Not everyone knows about this either, so we often have to deal with the fact that people, afraid of being left without a pension, at first talk about their reluctance to get a job. But we are doing a lot of work, including with family members, so that they know everything about their opportunities and rights.

Amount of disability pension

Social benefits for a person who has lost the ability to work consists of two parts:

1. Fixed (size depends on the group).
2. Insurance (calculated taking into account the pension coefficient or points).

One pension point for disabled people is equal to 81 rubles and 49 kopecks. An increase in the coefficient occurs when the employer transfers monthly insurance premiums for the employee.

ATTENTION! The minimum amount of benefits for disabled people is set by regional authorities based on the subsistence level.

Calculation of disability pensions in the Russian Federation is carried out using the formula:

PC / (KM × KS) + BR , where:

• PC – the size of a citizen’s pension capital as of the date of group assignment.
• KM – number of months before old-age compensation is paid (maximum period 19 years).
• KS – length of service coefficient (the ratio between insurance experience and the number 180). The period of working capacity is one year if the citizen received the group under 19 years of age. In the future, the insurance period is increased annually by four months. The maximum working period for men is 180 months, for women - 160.
• BR – the basic amount of social disability benefits. Its size depends on the established group and the number of family members who are dependent on the citizen. The amount is also affected by northern coefficients. The indicators are indexed annually.

An increase in the amount of state benefits is due to Russians who have lived to be 80 years old.

Calculation example

Let’s say a person is a disabled person of the second group and has no dependents. Work experience – 75 months. The amount of accumulated pension capital in the Pension Fund is 148,000 rubles. The basic amount of benefits for a disabled person of the second group is 4,982.50 rubles. There are 185 months left until retirement.

1. Calculation of the work experience coefficient: 75 / 180 = 0.41.
2. The amount of labor payment for a disabled pensioner is:

148,000 / (185 × 0.41) + 4,982.50 = 6,933.71 rub.

RUB 6,933.71 – a citizen receives this amount every month from the state.

Working conditions

An entrepreneur is obliged to prepare a workplace for a citizen with disabilities. For workers using a wheelchair, ramps are installed and doorways are widened. For visually impaired and hearing-impaired specialists, programs with sound recording, voice control and enlarged fonts, call buttons with light displays and other auxiliary equipment are prepared.

Working conditions under which disabled people of group 1 are prohibited from working, specified in clause 4.2. Sanitary rules:

• strong electromagnetic field in the room, presence of static electricity, irritating sound effects;
• high concentration of dust, gases, allergens, carcinogens in the working area;
• proximity to pathogenic microorganisms, high probability of contact with the remains of their vital activity;
• strong psychological stress (long monotonous work, high level of stress due to a large number of tasks, etc.);
• moving, holding heavy objects, the need to perform physical labor;
• working in an awkward position, the need for long walking, for example, from one workshop to another.

According to this regulatory act, the employer must create comfortable working conditions, ensure the protection of disabled workers from noise, vibration, temperature changes, high air mobility caused by the operation of industrial equipment, and other unfavorable factors. Entrepreneurs are required to employ persons with disabilities. Benefits for employers when employing disabled people:

• 100% discount on income tax.
• 100% discount on payment of land and property duties.
• Reduction of the insurance rate for the Social Insurance Fund by 2.4%.
• 3.7% discount when paying premiums for compulsory health insurance.
• Compensation for additional costs for creating a workplace for a citizen with the first group of disabilities - up to 100,000 rubles.

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According to the current legislation of the Russian Federation, a person with partial working ability is not limited in the choice of professions, but the following vacancies are closed for disabled people of group 1:

• work in the Ministry of Internal Affairs, Ministry of Emergency Situations, law enforcement agencies, directly related to the professional activities of these services;
• miner, mechanic;
• work in chemical plants, steel smelting shops.

Not all entrepreneurs can be recruited to hire people with disabilities. According to Federal Law No. 181-FZ of November 24, 1995, enterprises with a staff of 35 people or more are required to hire citizens with disabilities. The procedure for distributing quotas:

• with a staff of 35 to 100 people, up to 3% of employees are disabled;
• with a staff of more than 100 people, up to 4% of the total number of employees are disabled.

If there is a shortage of disabled people, the entrepreneur will be held administratively liable. He will be fined 5,000-10,000 rubles. Companies in which 80% of the staff are disabled people receive additional preferences. They are fully exempt from VAT when collaborating with companies funded by disability communities.

Individual rehabilitation program

Based on the results of the medical and social examination, the disabled person is issued several documents. One of them is an individual rehabilitation program (IRP). The document contains a description of medical and social measures necessary to improve the patient’s condition. Sections describing reconstructive surgery are also added there.

Specifically, the employer needs to study the sections of the IPR, which discuss the conditions for carrying out work activities, the restrictions in force for a disabled person and the means of technical rehabilitation. Some of the additional devices specified in the program are provided by the entrepreneur to the employee for the duration of his work.

The employer is obliged to familiarize himself with the individual rehabilitation program and follow all the recommendations specified in it. In case of systematic violations of the IPR requirements, the entrepreneur will be fined (up to 300,000 rubles) and deprived of benefits provided when hiring persons with disabilities. Working from home for a group 1 disabled person imposes fewer obligations on the employer. Necessary:

• provide payments to the employee on time;
• arrange leave at the request of a disabled person;
• make contributions for the employee to the Pension Fund, Social Insurance Fund.

Conditions for releasing an employer from liability for failure to comply with IPR requirements

An enterprise that employs a disabled person is not responsible for compliance with the standards of an individual rehabilitation program if:

• the disabled person submitted a written refusal to submit an IPR;
• the document does not contain or clearly describes the clause on incapacity for work;
• the disabled person submitted a written statement refusing the special working conditions described in the IPR.

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What is a “labor pension”

Based on the general concept, a labor disability pension is a type of monthly payment aimed at compensating wages to persons with officially recognized disabilities. The basic amount that is accrued to the patient is independent of the amount of time worked and when the disability was established. Also, the accrued amount does not depend on the continuation of professional employment.

Reasons for receiving

The calculation is made based on the conclusion of a medical and social examination, which establishes the impossibility of conducting further work activities and assigns a certain group. The main condition for receiving labor payments is:

• establishing the fact of official disability;
• availability of insurance experience;
• duration of insurance period;
• reasons that led to poor health.

For your information, if during the MSEC (medical and social expert commission) it is proven that a person applying for a group has caused intentional harm to his own health, then the commission has the right to refuse to assign him a group. There is legal regulation of the “nature” of systematic health problems. Assignment is made if the pathology arose against the background of:

• general illness;
• diseases acquired in “harmful” production;
• domestic injuries;
• labor injury, which could occur both at the workplace and on the way to or from it.

Structuring of the procedure

The structure of the labor pension consists of the following parts:

• the basic part, which is determined based on the disability group;
• the insurance part, which affects the increase in cash payments and depends on the length of service when the corresponding transfers occurred;
• accumulative part, which is calculated using the following formula: LF=PN/T. PN – total amount of savings, T – estimated amount of time to receive payments.

Differences from other payments

The labor pension has differences from other types of cash payment. They are assigned to citizens who have reached retirement age, minor patients, and persons without work experience who are unable to obtain work compensation. Disabled people whose work experience has not reached 5 years can count on a fixed basic amount of payments. The remaining segments of the population with the assigned group simultaneously receive work benefits and a disability pension.

People under 18 years of age who are not working at the time of filing an application can count on insurance compensation.