Conditions for assigning a state disability pension

Concept

State pension provision is the provision of compensatory payments to persons who have lost their ability to work, but do not have grounds for assigning them an insurance pension. In fact, such a payment is the only source of livelihood for many citizens.

However, it should be noted that state provision is a fairly broad concept. It includes payments that are made if the following grounds exist :

1. Reaching a certain age. As a rule, when reaching retirement age, citizens can count on an insurance pension. However, certain categories of citizens have the right to calculate state support, calculated according to rules different from those provided for when calculating insurance-type material payments.
2. Length of service. Military personnel, as well as employees of other law enforcement agencies, can count on security based on length of service (that is, the number of years of service).
3. Reaching the age limit for being in the civil service. A state pension on this basis is assigned to state civil servants.
4. Loss of a breadwinner. Financial support of this type is assigned to the dependents of a deceased citizen who served in government or military service. As a rule, they are his children.
5. Disability. Assigned to military personnel, as well as certain categories of citizens who have lost their ability to work due to illness or injury.

In this article, we will separately dwell on the features of the state disability pension.

Disability should be understood as permanent loss of ability to work in whole or in part. In this regard, a person cannot fully fulfill his official and labor duties, and therefore financial payments are established for him.

Reference! Disability is also the basis for the assignment of an insurance pension, therefore only disabled people belonging to certain categories of citizens can count on state support.

Who is entitled to

Current legislation directly establishes the circle of persons who have become disabled and have the right to government benefits. These include:

1. Military personnel. It has been established that if a disability was acquired during the period of service, the serviceman has the right to this type of support. However, it should be taken into account that in this case a direct connection between the loss of ability to work and the performance of official duties must be established. Both conscripts and contract soldiers have the right to count on state support on the basis under consideration. In addition, this type of support is received by employees of various law enforcement agencies.
2. Astronauts. Cosmonauts may receive a state-assigned disability pension if their ability to work was lost in connection with the performance of relevant tasks.
3. Participants in the liquidation of the consequences of the Chernobyl disaster, as well as other persons affected by this. In this case, it is necessary to establish a connection between loss of ability to work and the effect of radiation on the body.
4. Participants of the Second World War. When disability occurs, participants in the Great Patriotic War have the right to government benefits, regardless of what caused it. This rule also applies to persons recognized as residents of besieged Leningrad.

In addition, most of the listed categories of persons have the right to simultaneously receive a disability pension and an insurance pension, if there is a reason for this (length of service).

Attention! “Chernobyl victims” cannot receive two types of material support at once. However, they have the right to choose one of them. Accordingly, the choice remains with the type in which the payments amount to a larger amount.

The size of the pension is not the same for different categories of beneficiaries. In addition, it directly depends on the group of assigned disability.

Conditions and procedure for assigning disability pensions to civil servants

The procedure for setting wages when calculating pensions for civil servants (approved by Cabinet Resolution No. 865 of May 31, 2000) stipulates that in the event of a change in the wage structure with a simultaneous increase in official salaries for employees of the apparatus of executive authorities, local self-government and their executive bodies, bodies Prosecutor's office, judges and other bodies, payments received by a person for the period before the change in the salary structure are included in earnings for calculating pensions without adjustment.

- In accordance with Art. 37 of the Law of Ukraine “On Civil Service”, a disability pension is assigned to a civil servant provided that he has insurance experience established for the assignment of a disability pension according to the Law of Ukraine “On Compulsory State Pension Insurance”, civil service experience is at least 10 years , as well as disability

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Appointment procedure

To assign the payment in question, a citizen must confirm the fact of loss of ability to work, and then contact the authority that makes the monthly transfer of funds. Let's look at these stages in more detail.

Features of passing the examination

Disability is established based on a decision of a specialized body. In other words, the presence of a particular diagnosis in itself is not a reason for establishing this fact.

Confirmation of incapacity for work and establishment of a disability group is carried out by a commission of medical and social examination. It includes both medical specialists and social workers. Based on the documents submitted by the person or his representative, as well as (if possible) interviewing the person, the commission comes to the conclusion about the possibility or impossibility of recognizing the citizen’s loss of ability to work.

It should be noted that when deciding whether to recognize a person as disabled, not only the state of the person’s health is taken into account, but also the nuances associated with his social activities and adaptation. Based on the decision made, the citizen or his representative is issued an ITU conclusion, which is the basis for establishing a pension.

Military personnel and law enforcement officers are recognized as disabled not during the medical examination, but within the framework of a special military medical commission (MMC). The conclusion of the IHC also becomes the basis for applying for pension payments.

Important! After receiving the conclusion of the ITU or IHC, a citizen can apply for the assignment of financial support at any time.

More information about passing the ITU

Collection and submission of documents

After passing the IVC or ITU, the citizen should contact the appropriate authority , which will make payments. Thus, military personnel and law enforcement officers apply to the departments where they served, and citizens of other preferential categories apply to the Pension Fund of Russia.

Conscripted military personnel also apply to the Pension Fund for a pension. When applying, you must have a package of documents with you. Its completeness may vary depending on the specific situation and category of the beneficiary, but the main condition for assigning this type of security is the presence of an ITU or IHC conclusion.

Do I need to confirm the group annually?

Current legislation stipulates that disabled people must undergo re-examination every year. This is necessary due to the fact that the patient’s condition may improve or worsen. Accordingly, if the health status changes, the disability group may be changed or the citizen may be completely deprived of this status.

However, Decree of the Government of the Russian Federation No. 95 of February 20, 2006 establishes a list of diseases and conditions for which disability is established indefinitely. As a rule, these are severe pathologies, the cure or correction of which is impossible.

Amount of disability payments in 2021

The amount of material payments directly depends on the category of persons who are assigned a disability group, as well as, in fact, its degree.

Military personnel

What matters to the military is what exactly caused their disability. Thus, the legislator distinguishes between war injury and illness. Trauma should be understood as a health impairment that is directly related to the performance of service duties.

Thus, contract military personnel can count on a pension, which is calculated from their allowance at their last duty station.

The amount of support for conscripts is calculated as a percentage of the established social pension. The size of the social pension in 2021 is 5,796.78 rubles.

Full article on military disability pensions

WWII veterans

Calculated based on the size of the social pension:

• Group I – 250%;
• Group II – 200%;
• Group III – 150%.

Also, veterans of the Great Patriotic War are entitled to benefits and subsidies.

Astronauts

Calculated as a percentage of salary:

• Groups I and II – 85%;
• Group III – 50%.

Is the size different for cancer?

Oncological diseases are a whole group of pathologies associated with the appearance and progression of malignant tumors in the human body. The degree of damage to health, pathogenesis, treatment methods and prognosis for them can be very different.

In this regard, the fact of having oncology is not a basis for additional financial payments. When an oncological diagnosis is made, the degree of disability is assessed, after which a disability group is assigned and a corresponding pension is assigned.

Read more about pensions for oncology

What is Social Disability Pension?

A social pension is paid if the ability to work has been lost in a person who does not belong to a preferential category and has no work experience.

The amount of security in this case is extremely low. It should be noted that at the regional level, such a citizen may receive bonuses. Also, persons who have reached the age of retirement, but do not have grounds to receive insurance-type payments, can count on a social pension.

Full information about social disability pension

Disability pension for civil servants

1. Determining the amount of pension capital. This is the time from the appointment of a long-service pension to actual retirement.
2. The definition of the share itself is part of the premium. This process is quite complex; it includes the calculation of individual coefficients for a specific citizen. The additional payment becomes greater the longer a citizen works after receiving a pension.

The latest news claims that from January 1, 2021, according to the law adopted and signed in May 2021, the retirement age of civil servants has been increased to 65 years for men and 63 years for women. At the same time, the insurance period for receiving a long-service pension increases from 15 to 20 years.

Labor pension

A labor (insurance) pension due to incapacity for work due to illness is paid to persons regardless of their age. The most significant basis for its establishment is the presence of insurance experience. In this case, its duration does not matter.

Having worked for at least one day, a person already has the right to apply for this type of security. However, the size of such a pension directly depends on the length of service - the longer it is, the greater the amount of amounts paid will be.

More information about disability pension

How is the pension of civil servants formed?

The share of the insurance pension is considered to be the part of it that a pensioner can receive when applying for a long-service pension. In January 2015, the legislation underwent some changes in the procedure for calculating pensions. This legal position is defined in Art. 17.1 Federal Law “On Labor Pensions”, and in Art. 19 Federal Law “On Insurance Pension”.

When determining the size of the length of service pension, the basis is the income of the last 12 months of citizens before their dismissal, or until retirement age, within 2.8 of the salary of the corresponding position, or if we are talking about monetary remuneration, then within 0. 8 of this size. At the same time, periods of unpaid leave, including maternity leave, periods of illness, etc. are not taken into account. In the case when such periods are absent, the average salary level is determined as the addition of all monthly payment amounts, the resulting amount is divided by 12. In the case where such periods are present, the amount of annual income, minus the specified periods, must be divided by the number of working days and multiplied by 12.

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