What federal law regulates pensions for employees of internal affairs bodies?
The main legal act regulating pension accruals for employees of internal affairs bodies dismissed due to age is the Federal Law “On pensions for military personnel who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies penal system, troops of the National Guard of the Russian Federation, and their families" (as amended as of July 1, 2017).
Increase in pension provision:
- They increased four times as a result of an increase in the amount of monetary allowance, an important component for calculating pensions.
- They increased it twice due to an increase in the calculated amounts for long-service bonuses for military personnel who participated in combat operations, including in the territory of the former USSR.
However, legislators suspended Part 2 of Art. 43 of this act for an annual increase of 2% to the salary received, applicable for calculating pension accruals.
Based on the state budget standard, the size of the increase is equivalent to 62.12% of the allowance amount.
According to the amendments made to the articles of the Law, increases, like the allowance itself, are subject to revision based on an increase in the basic rate of social pension accruals established by the Cabinet of Ministers of the Russian Federation.
If you are wondering how the old-age pension is calculated, then the standard pension provision is calculated according to the established amounts of social payments in connection with reaching retirement age, and is subject to annual indexation as of 01.04 of the current period as a result of inflation at the Central Bank rate (Article 43).
Based on these standards, the pension of a police officer will be calculated at an increased rate of calculation for allowances and allowances.
Over the past two years, pensions in the system of the Ministry of Internal Affairs of Russia have been recalculated six times: four - in connection with an increase in the share of monetary allowances taken into account for the assignment of pensions, two - in connection with an increase in the estimated amount of pensions used to calculate bonuses and increases for certain categories of pensioners (participants Great Patriotic War, home front workers, combat veterans, etc.).
On average, pensions for retired employees of internal affairs bodies increased by 14.5 percent over two years. In 2014, in accordance with the legislation of the Russian Federation and other regulatory legal acts, pensions, benefits and compensation in the amount of 166.9 billion rubles were paid to more than 910 thousand pensioners. Moreover, last year pensions in the system of the Ministry of Internal Affairs of Russia were revised three times: from January 1, 2014 - in connection with an increase in the amount of monetary allowance accepted for calculating pensions to 60.05 percent; from April 1, 2014 - in connection with the indexation of the social old-age pension; from October 1, 2014 due to an increase in the amount of monetary allowance accepted for calculating pensions to 62.12 percent. Thus, as a result of the measures taken in 2014 to increase pensions, the requirements of subparagraph “d” of paragraph 1 of Decree of the President of the Russian Federation of May 7, 2012 No. 604 “On further improvement of military service in the Russian Federation” were ensured, that is, their amounts are on average increased by 7.0 percent, which is 2 percent higher than the projected inflation rate (5.0 percent) established by the federal law on the budget for 2014. As a result, the average pension amount was: for length of service - 15,770 rubles; for disability – 17,400 rubles; in case of loss of a breadwinner - 7,630 rubles. As of January 1, 2015, 12 thousand pensioners of the Crimean Federal District were accepted into the pension provision of the Ministry of Internal Affairs of Russia. Pension divisions have been created as part of the financial support centers of the Ministry of Internal Affairs for the Republic of Crimea and the Ministry of Internal Affairs of Russia for the city of Sevastopol to organize pension provision for citizens dismissed from service. In 2015, the second part of Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-I “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, drug control agencies and psychotropic substances, institutions and bodies of the penal system, and their families” (hereinafter referred to as Law No. 4468-I of February 12, 1993), providing for an annual increase of 2 percent in the share of monetary allowance taken into account when calculating pensions. In accordance with Part 9 of Article 9 of the Federal Law of December 1, 2014 No. 384-FZ “On the Federal Budget for 2015 and for the Planning Period of 2021 and 2021” in 2015, the amount of monetary allowance taken into account when calculating pensions is set at 2014 (62.12 percent of this monetary allowance). According to Article 49 of Law No. 4468-1 of February 12, 1993, the minimum pension amounts, pension supplements, increases and increases in pensions provided for by the above-mentioned Law are subject to revision when the calculated pension size increases, simultaneously with its increase. The estimated amount of the pension established by Article 46 of Law No. 4468-I of February 12, 1993 corresponds to the size of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Security in the Russian Federation” (hereinafter referred to as Federal Law No. 166-FZ), and is revised simultaneously with the change (indexation) of the social pension. Social pensions in accordance with Article 25 of Federal Law No. 166-FZ are indexed annually from April 1, taking into account the growth rate of the cost of living of pensioners in the Russian Federation over the past year. The indexation coefficient of social pensions is determined by the Government of the Russian Federation. Consequently, an increase in the size of the social pension entails an increase in the estimated amount of the pension mentioned in Federal Law No. 4468-I, and, accordingly, a recalculation of all allowances, raises, and increases in pensions under the Ministry of Internal Affairs of Russia paid to certain categories of citizens. If the Government of the Russian Federation decides to index the social pension from April 1, 2015, the calculated pension amount for pensioners of the Russian Ministry of Internal Affairs system will also be increased, which will entail a recalculation of allowances, raises and increases.
FED of the Ministry of Internal Affairs of Russia, December 2014.
On the calculation of pensions for police officers serving in internal affairs bodies in the Far North
We give an example of calculating a pension from January 1, 2013 for an operational duty aviation detachment, a police captain, dismissed from service with 27 years of service, 6 months in preferential terms, of which 18 years in calendar terms for a percentage increase for length of service.
Salary by position – 15,500 rubles Salary by rank – 11,000 rubles Percentage bonus for 18 years of service (25%) – 6,625 rubles Total: 33,125 rubles
33125 x 56% = 18550 rubles - this is the monetary allowance for calculating the pension.
For 27 years, the pension is assigned in the amount of 71 percent (for 20 years - 50% plus for each year 3% (7x3 = 21)). The pension will be 18,550 x 71% = 13,170 rubles 50 kopecks.
A regional coefficient of 40% is added to the pension of pensioners living in Yakutsk. Thus, the pension amount will be:
13170 rubles 50 kopecks x 1.40 = 18438 rubles 70 kopecks.
This pension amount when a pensioner moves to areas where the regional coefficient is not established or is set in a smaller amount will be maintained only if the person moving has at least 15 years of service in the Far North.
Peculiarities of calculating pensions for police officers of the Ministry of Internal Affairs
Since the basic tariff rate of accrual is small, the state decided to compensate them for their valiant work in protecting law and order with social and other allowances after they retire. Read about additional payments to pensions for war children in this material.
All employees in the police of the Ministry of Internal Affairs can count on receiving benefits and social payments with additional rates added to the basic salary. They will directly depend on the length of service and special incentives that police officers receive when performing particularly dangerous tasks.
The video shows the pension of police officers:
All these government measures are designed to attract more young people to difficult and dangerous service for the good and prosperity of our country, protecting the peace of its people. This article will tell you about the preferential queue for veterans to get a voucher to a sanatorium.
Who can be considered an employee of the Ministry of Internal Affairs?
The legislative norm determined the number of persons who are classified as law enforcement officers:
- Military personnel of special forces and security forces holding the rank of officer, midshipman or warrant officer.
- Persons who have entered into a contract for military service in the rank of sailor or sergeant, as well as ordinary employees. These include cadets of military schools of various branches of the military and security forces.
- Military personnel who are employees of law enforcement units that control drug trafficking, fire fighting and other internal affairs services.
- Family members who are dependent on persons listed in the law.
All of these persons, designated as civilian or paramilitary employees of internal law enforcement agencies, have the legal right to receive pension benefits upon reaching a certain age. Read what tax benefits a veteran of labor has here.
The final amount depends on the reason for retirement, which will serve as the basis for charges.
Types of pension accruals for police officers according to the Federal Law
Federal law provides for several types of pension accruals:
- Based on the length of service of law enforcement officials. To receive payments when you retire, you must work a full 20 years. This period will allow the employee to retire early, even if his age does not meet the established age limits.
- If the employee has accumulated both civilian and military experience in the Ministry of Internal Affairs. They can retire after working for 25 years in a unit of the Ministry of Internal Affairs and other organizations, that is, this is the total work experience of a law enforcement officer. In this situation, he is allowed to apply for a pension at the age of 45, if there is a reduction in staff positions or for reasons of general health.
But if the service took place in areas equated to the Far North, then the length of service is calculated as one year of service to two calendar years. Read about land tax benefits for pensioners here.
- Due to the approach of general retirement age. Many of the employees manage to accumulate the necessary insurance period to calculate the pension; it can be added to the amount of the basic rate for length of service. For civil servants, which includes law enforcement officers, new age limits have been determined; for the male population it is 65 years old, for females - 60. Only upon reaching this age will the Pension Fund of the Russian Federation be able to transfer old-age pensions to them.
- If the total work experience is of a mixed type, then the employee must accumulate at least 6 years of continuous payments, but in the future this bar may be pushed back to 15 years. This means that if there is no required insurance experience, and therefore no points, then the pension will have the very minimum amount. What documents are required to recalculate the pension for children, please follow this link.
Also, citizens dismissed from service, if there are grounds, can receive social disability benefits or a social pension for the loss of a breadwinner, and other state financial assistance.
"Petrovka, 38"
troops of the National Guard of the Russian Federation, and their families" (hereinafter referred to as the "Law"), which defines the types of pensions, the conditions governing the right to receive them, the size of pensions, the rules for assignment and payment.
Here's a concrete example. Citizen K. filed a lawsuit against the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow to declare illegal the refusal to grant a long-service pension and additional payment to the pension for dependents, the obligation to assign a pension and additional payments, and the collection of pension arrears for the period specified in the claim. In support of the stated requirements, K. referred to the fact that she served in the internal affairs bodies from “...” to “...”, and she applied “...” to the Pension Service Center of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow with an application for a long-service pension years with “...” and additional payments for two minor children with “...” in connection with dismissal from service under clause 4 of part 2 of article 82 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and making amendments to certain legislative acts of the Russian Federation." However, she was given an answer that the pension and allowance for dependents were assigned with “...”, while the assignment of a pension with “...” was denied to her due to the lack of legal grounds in accordance with Article 54 of the Law of the Russian Federation of February 12, 1993 No. 4468 -1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, enforcement authorities Russian Federation, and their families,” which is illegal and violates her rights.
The Tverskoy District Court of Moscow, refusing to satisfy K.’s claims, indicated: “By virtue of paragraph “b” of Article 11 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in bodies internal affairs, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, compulsory enforcement authorities of the Russian Federation, and their families” pension provision for persons specified in Article 1 of this Law, and their families, depending on the last place of service of these persons, is carried out by the Ministry of Internal Affairs of the Russian Federation - in relation to military personnel discharged from internal troops, troops of the National Guard of the Russian Federation and paramilitary fire brigade, privates and commanding officers discharged from internal affairs bodies Affairs of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, federal tax police authorities, authorities for control of the circulation of narcotic drugs and psychotropic substances, troops of the National Guard of the Russian Federation, as well as their families.
According to Article 51 of the said Law, the persons specified in Article 1 of this Law and members of their families (except for those specified in Part 2 of Article 2) apply for pensions to the pension authorities of the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Execution Service punishments, the Federal Bailiff Service, the Federal Security Service of the Russian Federation, the Prosecutor General's Office of the Russian Federation and the Investigative Committee of the Russian Federation.
Applications for pensions are submitted to the pension authorities along with the relevant documents necessary to resolve this issue. These persons have the right not to provide the documents necessary for the assignment of pensions if such documents (information contained in them) are at the disposal of state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, except for cases where such documents are included in a certain Part 4 of Article 7 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” list of documents. In these cases, the pension authority requests the necessary documents (information contained in them) from other state bodies, local government bodies and organizations subordinate to state bodies or local government bodies in the manner determined by the Government of the Russian Federation.
In accordance with Article 53 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, to the persons specified in Article 1 of this Law, a pension is assigned from the day of dismissal from service, but not earlier than the day before which they were paid pay upon dismissal, except for the following cases assigning them pensions at a later date.
In case of untimely application, a pension for the past is assigned from the date the right to a pension arises, but no more than 12 months preceding the day of application for it.
By virtue of Article 54 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, the day of application for a pension is considered the day of submission to the relevant pension authority of an application for a pension with the necessary documents attached, the obligation to submit which is assigned to the applicant, and when sending the application and documents by mail - the date of their departure. In cases where not all necessary documents are attached to the application for a pension, the obligation to provide which is assigned to the applicant, the applicant is explained what documents he must provide additionally. If these documents are provided to them before the expiration of three months from the date of receipt of the specified clarification, the day of application for a pension is considered to be the day of filing the application or the date of sending the documents by mail, specified in Part 1 of this article.
Legal adviser of the 1st department of the 2nd department of the PU of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow Sergey YUDANOV
