Pensions for disabled people with military injuries
A special procedure is provided for calculating monetary allowances to military pensioners who have lost their ability to work. Unlike citizens with disabilities, who are not related to service, the size of the disability pension for military personnel depends on salary, rank and other allowances.
Apply the following formula:
DDV*PK*KK=VP where:
DDV is a military allowance, which consists of salary, allowances for rank, position, number of years worked, bonuses, as well as recent financial assistance.
PC is a reduction factor, the value is fixed and in 2021 it is 0.7223.
CC - adjustment factor, depends on what disability group for military pensioners is assigned and under what circumstances:
— 0.85 is group I, when injured during the performance of official duties;
— 0.5 disabled people II or III due to military trauma (wound, concussion);
- 0.75 disability I or II after an illness suffered in the service;
- 0.40 illness during service, after which III .
How to apply for disability for a military pensioner
The correct algorithm would be:
- If the citizen is still a member of the Armed Forces, he must submit a report to the command about a military medical commission (MMC) to determine the degree of his suitability and the connection of the injury with the service, if this is not obvious. Then he must wait for an order to terminate his employment due to health reasons.
- You need to write an application to the territorial office of the Pension Fund of Russia to conduct a Medical and Social Examination (MSE).
- If the decision of this commission is positive, the citizen is recognized as a person with disabilities.
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Having received the ITU conclusion on the assignment of disability, the citizen needs to prepare a package of documents for the assignment of pension payments. It is served:
- Those who became disabled during conscription service or due to committing an illegal act - to the Pension Fund of the Russian Federation.
- Other categories - to the military registration and enlistment office. This structure at the local level coordinates the provision of pensions through the Ministry of Defense of the Russian Federation.
The package of documents includes:
- Passport.
- Military ID.
- ITU conclusion indicating the disability group.
- Certificate confirming the presence of disabled persons in the family (if any).
The procedure for passing the ITU
In accordance with the law, medical and social examination is authorized to diagnose the presence of disabilities in citizens. The algorithm for passing the ITU consists of the following stages:
- Having submitted an application to the Pension Fund for the appointment of an ITU, a citizen must wait for the consideration of this document. If there are grounds for diagnosing a disability, the applicant will be notified of the date of the examination.
- It is necessary to appear at the specified place, where a commission of 4-5 specialists must decide whether this person has indications for assigning a disability group.
- If the decision is positive, the citizen submits documents for a pension. Depending on the situation, he needs to contact the Pension Fund or the military registration and enlistment office.
- If the decision is negative, the applicant can challenge it by submitting an application to the Pension Fund for re-appointment of the examination in a different composition. If he again does not agree with the conclusions of the commission, then he still has the opportunity to protest them in a lawsuit. The court's decision will be final and cannot be appealed.
The composition of the commission conducting the MSA depends on the reasons that caused the disability. For example, in case of critical deterioration of vision, there will definitely be an ophthalmologist among the specialists, and if the applicant has a musculoskeletal injury, then the presence of an orthopedist is necessary.
The medical and social examination report is filled out in the form established by law. The sample is given in Appendix No. 1 to the Order of the Ministry of Health and Social Development of the Russian Federation dated April 17, 2012 No. 373n. In addition to general information about the person being examined (last name, first name, patronymic, date of birth, residential address, etc.), this document must contain:
- expert opinions on the severity of persistent disorders of body functions (for example, mental, language, sensory – 13 types in total);
- assessment of limitations of certain categories of life activity (for example, self-care, movement, orientation - 7 points in total);
- cause of disability;
- the period for which it is appointed;
- date of the next re-examination.
Group assignment
Based on the severity of persistent disorders and assessment of various categories of life activity, ITU specialists assign a disability to the person being examined. It is divided into 3 groups depending on the severity of the disease and the degree of independence of the person:
- The first is the presence of significant impairments in the functionality of the body. Such people are not able to care for themselves and need care from outsiders.
- Secondly , these people are capable of partial self-care and movement with the help of assistive devices. Under special conditions (shortened working hours, specially equipped workplace, etc.) they can find employment.
- Third , this includes those who have only partially lost their ability to work and can care for themselves with the help of auxiliary aids. For this reason, representatives of the group are capable of working in easier conditions.
Re-examination
This procedure happens:
- Planned. It is carried out no earlier than two months before the expiration of the period specified in the ITU certificate.
- Early. Initiated by a personal appeal from a military pensioner (or his representative) when his health status changes. Another reason for re-examination of this type is a referral from a medical institution (rehabilitation center, hospital, clinic).
Depending on the disability group, the frequency of re-examination varies:
- For the first - once every 2 years.
- For the second and third – annually.
In all cases, the re-examination procedure is identical to the registration of disability. A commission of 4-5 specialists should be assembled who examine the patient, study his medical record, the results of tests and examinations and determine how well the current condition corresponds to the assigned group. The following options for the patient's condition are possible:
- Hasn't changed. In this case, the citizen remains with the same group.
- It got worse. In such a situation, the category of disability may increase, for example, to the second instead of the third (at the same time, from the next month such a person will begin to receive a disability pension of group II).
- Improved. Such a diagnosis allows the commission to lower the group (for example, to the third instead of the second) or remove the disability altogether.
If the re-examination is not carried out within the established time frame, then the payment of the pension to the citizen is terminated. During re-examination, the renewal of pension benefits occurs when the current group of disabilities is confirmed or a new group is assigned.
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The law provides for cases where disability is established indefinitely:
- Provided that the disabled military person reaches the age limit for examination (55 years for men and 50 for women), or if the next ITU commission falls during this period.
- Continuous confirmation of group I over the last 5 years (or II – in a 15-year interval).
Additional payment for disabled military pensioners
Military pensioners are entitled to supplements to their monthly benefits under the following circumstances:
- upon reaching 80 years of age, the premium is 100% of the joint venture;
— for I disability group, bonus — 100% SP;
- for services to the Fatherland, the title of Hero of the USSR or Russia, the Order of Glory is awarded to 100% of the joint venture;
- for labor merits the title of Hero of Labor, 50% of the joint venture is credited.
If there are dependents, the payment is calculated based on the number of them.
For example:
— one dependent — 32%;
— two dependents — 64%;
- three or more - 100%.
Disability pension calculator for former military personnel for 2019-2020.
THANK YOU =>
Proposals of the Ministry of Finance of the Russian Federation on increasing the length of service for the purpose of a “military pension” and a commentary on them can be found here =>
This calculator allows former military personnel to calculate a disability pension from
October 1, 2021 to October 1, 2020. The specified pension is assigned to those military personnel who have not served the required period for the assignment of a “military pension” for long service.
If a military pensioner who is disabled has the necessary length of service to qualify for a long service pension, then he has the right to receive an increased long service pension, as well as to receive a supplement to the long service pension. You will find a long-service pension calculator for 2019-2020 with the indicated increases and allowances here =>>> This calculator does NOT take into account by 2 percent from October 1, 2021 (read more here =>) .
This “military pension” calculator for disability for 2019-2020 was prepared by legal specialists () © All rights reserved
According to Art. 56 of the Federal Law of February 12, 1993 No. 4468-I “On pension provision for persons who served in military service...” payment of pensions provided for by this Law is made for the current month. Payment of pensions provided for by this Law is made within the time limits determined by the relevant federal executive authorities in agreement with the institutions of the Savings Bank of the Russian Federation and federal postal organizations.
This calculator does NOT take into account the promise of the President of the Russian Federation to additionally index military pensions by 2 percent from October 1, 2021, which he gave on October 25, 2021 at a meeting with officers on the occasion of their appointment to senior military positions and assignment of the highest military ranks (read more here => ).
In addition, combat veterans from among the persons specified in subparagraphs 1 - 4 of paragraph 1 of Article 3 of the Federal Law of the Russian Federation “On Veterans” have the right to receive a monthly cash payment (MAP) (Article 23.1. Federal Law of the Russian Federation “On Veterans” ) the size of which is subject to indexation annually. The monthly cash payment (MCP) is established and paid by the territorial body of the Pension Fund of the Russian Federation
In 2021, until February 1, the amount of monthly cash payment (MCV) to combat veterans is 2971.82 rubles. , from February 1, 2021 - RUB 3,062.00.
For information on the amount of monthly cash payments (MCA) to combat veterans by year, see here =>>
A sample application for an increase in pension for combat veterans can be downloaded here =>>>
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*According to clause 9 of the Resolution of the Council of Ministers - Government of the Russian Federation dated September 22, 1993 No. 941, the monetary allowance taken into account when calculating pensions, as a general rule, includes: salary for the last full-time position, salary for the military rank assigned to the day of dismissal, and a monthly bonus for length of service to the monthly salary of a military personnel, calculated from these salaries.
**The procedure for calculating length of service for assigning a monthly long-service bonus to military personnel serving under a contract was approved by Decree of the Government of the Russian Federation of December 21, 2011 No. 1074.
***The provisions of part two of Article 43 of the Law on Pension Provision of Persons (as amended by Federal Law No. 309-FZ of November 8, 2011) do not apply to judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including military personnel bodies of the military prosecutor's office) and employees of the Investigative Committee of the Russian Federation (including military investigative bodies of the Investigative Committee of the Russian Federation), pensioners from among these persons and members of their families.
This military pension calculator uses salaries by military position and military rank as of October 1, 2021, which can be found here =>
Sample application for a “military pension” for disability
A sample application for the payment of a monthly cash payment to combat veterans can be found
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Termination of payments
Payments cease on the date of death of the military pensioner or a certificate is signed by the medical commission about the improvement of the condition and the resumption of work ability.
Also, payments may be stopped if the pensioner has not confirmed his right within the established time frame.
After the re-examination has been completed, payments will resume including the missed period. In case of group changes, missed payments will be paid according to the old calculations, subsequent payments will be calculated differently.
Types of social privileges
Federal legislation establishes the main guaranteed benefits for disabled military pensioners:
- By work. If dismissal is possible, the pensioner is retained in the position in which he was first employed. The law provides for the possibility of employing a military pensioner in the structure where he worked previously, with the provision of a position no lower than the previous one. With restructuring and job cuts, military retirees have an advantage.
- In the seizure of tax revenues. Citizen tax privileges for military retirees become available when the service record exceeds 20 years. Veterans of combat operations and military disabled people are exempt from transport tax in full. Citizens of disability groups 1 and 2 are exempt from paying inheritance tax.
- In the healthcare sector. Treatment of disabled military personnel is entirely at the expense of the state. Pensioners are offered health vouchers for 25% of the full cost, and family members for 50%. Children of disabled military personnel rest for free. Providing a disabled person with prostheses and other medical devices and necessary equipment is at the expense of the state.
- Housing provision. Persons with disabilities have the right to apply for housing if the living conditions do not meet the standards.
- Social guarantees. Military disabled people are in a privileged position when allocating places in kindergartens, sanatorium and resort vouchers, and material benefits. For them, guaranteed employment, travel without payment in municipal public transport, and benefits when charging fees for the provision of services by public utilities are legislated.
Why is it necessary to confirm the status of a disabled person?
In order to qualify for subsidies for loss of ability to work, this right must be regularly documented. What is it for?
During the medical examination, an improvement in health status may be revealed, in which case the group may be removed and then payments will no longer be due. If the commission reveals a deterioration in health, they may assign another group, and other payments will be accrued accordingly.
During the medical commission, the following may be revealed:
— the group remains unchanged;
— changed to light or vice versa;
- cancellation of disability.
Re-examination must be carried out if ITU has set a date for the next inspection. Also, a certificate of disability can be issued indefinitely, for example, when the commission determines that the patient’s condition cannot be improved. If you have a permanent certificate, confirmation is not required; payments will be assigned on an ongoing basis.
The basic calculation of benefits for former military personnel is based on the following indicators:
— which group is assigned;
— fixed-term or contract service;
- as a result of which a disability, injury or disease was acquired.
Additional payments are assigned based on length of service, awards received, etc.
Any social benefits such as pensions, etc. are not subject to taxes. Personal income tax is not withheld from them, although it is considered income.
In the case when a military pensioner must pay alimony, the required amount is withheld from these payments, as well as from all income received.
Labor pension for military and disability
Many people wonder whether military personnel are entitled to a labor pension when receiving disability payments? The answer is clear - yes! Current Russian legislation provides for the assignment of the insurance part of an old-age labor pension to military personnel who have civilian work experience. To receive an old-age pension, the following conditions must be met:
- reaching retirement age;
- having at least 5 years of work experience;
- establishment of a disability pension or for long service as provided by law.
In addition, for all categories of disabled people, including military personnel, in addition to pension payments, monthly cash payments are provided, which include social services:
- payment for travel to the place of treatment, including sanatorium-resort treatment;
- provision of free medicines and treatment under an individual rehabilitation program.
Increasing social benefits for military pensioners
In 2021, an increase in pensions for military and disabled military personnel, as well as employees of law enforcement agencies, will take place from October 1. Initially, the indexation percentage was 4.3%, due to an increase in the pay of military personnel. But according to the Presidential Decree, indexation will be 6.3% from October 1, 2021. The State Duma fully supported the proposal, the law was adopted in the second reading.
Since 2012, the pension allowance for military personnel, as well as persons equivalent to them, has been 54% of the current salary. Since the beginning of 2013, the pension has been increasing by 2% annually until it reaches 100% of the salary of current employees.
In connection with the increase in the salaries of those liable for military service by 4.3%, there will be an increase in all types of benefits that are due to retired employees.
The legislative framework
Not only military personnel, but also law enforcement officers whose service is equivalent to the army can count on a disability pension. This could be the Russian Guard, the FSB, the FSIN, the Ministry of Internal Affairs or the Ministry of Emergency Situations.
Who is eligible
Article 19 of Federal Law No. 4468-1 states that a disability pension is paid to military personnel after suffering damage to health during combat operations or the performance of official tasks. Financial support is also provided after the end of service, if it is determined that the cause of disability was an injury or wound received during service in the armed forces.
Military personnel who received an injury or illness while leaving their unit without permission or as a result of committing a criminal act (intentional harm to one’s own health, deliberate violation of safety regulations when handling weapons) cannot count on a disability pension.
Conditions of appointment
A state disability pension is assigned to military personnel in the manner established by Art. 8 Federal Law No. 166-FZ dated December 15, 2001.
Depending on the damage to health, there are three disability groups:
- Group I - assigned to citizens who need everyday assistance and care.
- Group II - disabled people of this group are citizens with limited self-care capabilities.
- Group III - assigned to retirees who have partially lost their ability to work.
A military disability pension is awarded not only to professional contract servicemen, but also to conscript soldiers, regardless of rank.
Required documents
To request payment of a military disability pension, military personnel who served in the army must contact the local branch of the Pension Fund. Citizens who served in the armed forces or equivalent security forces under a contract must submit an application for a pension to the ministry where the service took place.
In addition to the application, you will need to provide the following documents:
- Passport of a citizen of the Russian Federation.
- Military ID.
- Certificate of family composition.
- Conclusion from ITU or VVK.
Documents can be submitted to the pension fund remotely in your personal account on the official website of the Russian Pension Fund.
Procedure for receiving a pension
Registration of a military disability pension begins with a medical examination and submission of a report of dismissal due to loss of health to the Military Military Commission. The commission makes a decision on the suitability or unsuitability of a serviceman for further performance of military duties and assigns the appropriate disability group. The conclusion received from the IHC along with the remaining documents is submitted to the pension fund or department in which the retiree served. After the pension is assigned, cash payments can be received through Russian Post or to a bank account.
Definition
A military disability pension is considered to be a payment to a retiree assigned due to loss of ability to work during the performance of official duties or no later than three months after dismissal from service, or if the disability occurred later than this period, but due to a wound, concussion, injury or illness received during the period of service. . Its main characteristics:
- provided from the federal budget or the Russian Pension Fund (PFR);
- assigned to persons recognized as disabled by the Military Medical Commission (MMC);
- valid limited until:
- removal of disability;
- reaching the retirement age established by law.
The disability pension for military personnel differs from the labor pension for civilians: it is not earnings that are taken into account, but the monthly allowance of the military personnel (EDS).
A common feature of these two types of state support for disabled people is that benefits depend on length of service. The more a person worked, the higher his level of health loss.
Important: military disability pension is assigned according to different methods:
Who is entitled to
Law No. 4468-1 of February 12, 1993 contains a list of persons who are entitled to state disability benefits. In particular, these include:
Right to a second pension
Disabled military personnel are often employed in civilian jobs. If the employment relationship is formalized, then the employer transfers contributions to the Pension Fund for them. Consequently, a citizen receives the right to insurance content based on age.
It is assigned subject to the following conditions:
- Reaching the mandatory age limit for employment:
- 60th birthday for women;
- 65th birthday for men;
- otherwise, in accordance with the laws;
- Availability of the applicant in 2021:
- 10 years of civil experience;
- 16.2 pension points.
Important: the length of service and the number of points is gradually increasing, in accordance with the pension reform of 2015. The increase in these indicators will last until 2025, until it reaches 15 years and 30 points.
In addition, the following nuances of paying civil pensions to disabled retirees should be taken into account:
- they are accrued without a fixed payment;
- The insurance period taken into account when assigning previous state support is not taken into account;
- Every year on August 1, a recalculation will be made for pensioners who continue to work after their 65th or 60th birthday (men and women, respectively).
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