New procedure for paying benefits upon dismissal of a military personnel

What is a serviceman entitled to upon dismissal?

What a serviceman is entitled to upon dismissal depends on how long he served, on what grounds he was dismissed, and what payments were made to him and what were not.

A soldier can receive:

• housing certificate
• payments may be retained for a year
• right to early retirement for a military personnel (more details at the link)
• upon dismissal, a serviceman may receive a one-time benefit upon dismissal, as well as other payments taking into account the circumstances of dismissal

It is necessary to take into account that in order to receive a certificate, payments there must be a certain set of circumstances. Individual points are discussed in detail in the following sections of this material.

Also, dismissed military personnel may be provided with benefits specified by law, which we will discuss below in this material.

Amount of one-time compensation

The procedure for determining the amount of a one-time dismissal benefit is established by Law No. 306-FZ and Order of the Russian Ministry of Defense No. 2700, issued in December 2011 as a supplement to the main law.

The amounts of compensation are not the same for different categories of military personnel.

• A payment of 2 salaries is due to citizens who have served under a contract for less than 20 years; persons retiring after the end of their conscription service period.
• In the amount of 7 salaries - for citizens who have served over 20 years at the end of the contract.

A one-time payment to a retiring military personnel must be made within 1 month from the date of the issuance of the order on removal from duties (clause 185 of Order No. 2700 of the Ministry of Defense of the Russian Federation).

The amount of the benefit will vary for different military positions and ranks, although the procedure for determining it will be the same for everyone. Also, when dismissing persons who have Soviet or Russian awards, the military unit is obliged to additionally pay them a bonus in the amount of 1 salary.

If the contract was concluded before April 2, 2014 and the serviceman decided to retire early, then according to Art. 49 of Law No. 53-FZ, severance pay based on the age limit can be paid if the following conditions are met:

• the military man already has 25 years of work experience, 12.5 years of which must be devoted to military service;
• the citizen is 45 years old.

In 2021, if a person has entered into a new contract, during which he will reach the age limit, or is already a military pensioner, it cannot be terminated without good reason. However, for women, unlike men, extending the age limit is unacceptable. Therefore, a contract can be concluded with them for a shorter period (for example, if a woman is 43 years old, the contract will be concluded for only 2 years).

Can a military personnel be fired without a pension?

In accordance with the provisions of Article 23 of Law No. 76-FZ of May 27, 1998, contract military personnel who have not reached the age limit for military service cannot be dismissed without their consent until they acquire the right to a long-service pension.

However, the law on conscription establishes exceptions when a serviceman can be dismissed early for certain reasons, for example, due to the fact that he does not fulfill the terms of the contract. The list of such grounds is provided in Art. 51 of the law on military duty.

Thus, under certain conditions, a military personnel can be dismissed without a pension.

Housing for military personnel upon discharge

If a person has served for 10 years or more, is dismissed from service, due to reaching the age limit for service, for health reasons or in connection with organizational and staffing measures, in the last year of military service of the Ministry of Defense of the Russian Federation, if the serviceman wishes, a state housing permit is issued certificate for purchasing housing for a family.

If a serviceman was a participant in the savings-mortgage system, then in certain cases, upon dismissal, he can use savings for the purchase of housing or construction, which are accounted for in his personal savings account.

When can a soldier retire?

Section 7 of Law No. 53-FZ lists the reasons why a military man can leave service at his own request or due to circumstances beyond his control:

• reaching the maximum retirement age - for men, depending on rank, it varies from 45 to 65 years (but on a personal basis it can be extended to 70 years), for women, regardless of position - 45 years;
• the period of fulfillment of duties under a contract or conscription has expired;
• the presence of any disease due to which the medical commission decided that the person cannot be involved in military duties;
• carrying out organizational and staffing activities;
• systematic or significant violations of contractual terms;
• family circumstances (their list is strictly regulated in clause “c”, part 3, article 51 of Federal Law No. 53).

If the circumstances listed above contributed to dismissal from military service, then the citizen has the right to receive monetary compensation. However, there are reasons for removal from office for which a person is deprived of this privilege:

• deprivation of military rank;
• a student at a military university was expelled due to disciplinary violations or due to poor academic performance;
• committing a crime for which the court found the military man guilty and imposed a suspended sentence or actual imprisonment;
• failure to pass the test to renew a military contract;
• evasion of contractual obligations;
• loss of trust (for example, if a person is seen in corrupt transactions);
• engaging in commercial activities, concealing additional income;
• denial of access to government secret;
• refusal to undergo tests to identify traces of narcotic, psychotropic, and toxic substances in a citizen’s body;
• convicting a serviceman of taking psychotropic, narcotic, toxic substances;
• transfer to other law enforcement agencies (Ministry of Internal Affairs, National Guard, Ministry of Emergency Situations, customs, fire service, Federal Penitentiary Service) - here the citizen will receive benefits only after his final departure from service in law enforcement or military agencies.

Also, a serviceman can submit a report for dismissal due to individual valid reasons that are not listed in the law, but objectively interfere with his performance of contractual duties.

Payments upon dismissal from military service

In the event of dismissal of a contract serviceman who has served less than 20 years and is dismissed due to reaching the age limit for service, for health reasons or due to organizational and staffing measures without the right to a pension, then within 1 year after his dismissal payment of salary according to military rank is maintained.

If a person performs military service under a contract and the total duration of service is less than 20 years, then in the event of dismissal, the serviceman is paid a one-time benefit in the amount of 2 salaries.

If a person has served for 20 years or more, then upon dismissal he is also paid a lump sum benefit, but in the amount of seven monthly salaries.

IMPORTANT : the specified lump sum benefit is not always paid. In what cases these payments are not made should be looked at in Part 4 of Article 3 of the law, dedicated to the monetary allowance of military personnel.

If a serviceman received a state award of the Russian Federation during his service, the above allowance is increased by one salary.

If the serviceman did not receive financial assistance before dismissal, then it must be paid upon dismissal.

In addition to the above payments in individual cases, other payments may be made to dismissed military personnel, for example, if a person is dismissed from service under a contract due to being declared unfit for military service due to a military injury, then he should be paid a benefit in the amount of 2 million . R.

Other payments to those dismissed from military service can be found in the law of November 7, 2011 No. 306-FZ, for example, if a disability is received, etc.

Cash compensation upon completion of service

What payments a serviceman can receive upon dismissal depends on the reason, length of service, personal contribution and the presence of military awards. If a citizen is forced to leave due to illness, then the determining point is the connection between the identified disease and the direct fulfillment of military obligations.

One-time severance pay

Severance pay for military personnel, which is one-time in nature, is calculated taking into account the salary corresponding to the military position and assigned rank. How much salary is paid in a particular case is determined by the reason for dismissal and the total length of service. According to Order of the Ministry of Defense of the Russian Federation dated December 30, 2011 No. 2700, one-time assistance is:

1. When serving on a contract basis:
   7 salaries upon dismissal, if the calendar period is over 20 years;
2. 2 salaries for a term of less than 20 years.
3. 1 additional salary if you have government awards from Russia or the former Soviet Union.

In case of early termination of a contract on one’s own initiative, concluded before 04/02/2014, in the absence of a total of 25 years of experience and age less than 45 years, one-time cash benefits are not accrued.

1. When serving upon conscription and transfer to the reserve due to the end of the term:
   2 salaries for a military position;
2. 5 salaries if the person belongs to orphans or children left without guardianship.

1. For the period of organizational events:
   approved salary according to rank;
2. salary according to the position held;
3. permanent bonus for length of service.

In the event of impeccable performance of duties, if dismissal occurs upon reaching the age limit for service or length of service, the serviceman may be provided with additional remuneration. The minimum amount is 3 salaries, the maximum is determined by the unit commander based on the contribution made and is not limited by the maximum amount.

Material aid

In accordance with Decree of the Government of the Russian Federation No. 993, military personnel are provided with financial assistance for health improvement in the amount of one official salary. The calendar year in which the person liable for military service is discharged is no exception.

To receive funds, you must write a corresponding application addressed to the unit commander. If a citizen has submitted a report for dismissal, but is on annual leave, then financial assistance is paid upon completion.

Additional compensation

Military personnel have the right to additional monetary compensation if they suffer damage to their physical health during the performance of official duties, confirmed by a military medical commission. If it is impossible for medical reasons to return to further fulfillment of accepted obligations, a one-time benefit is assigned to compensate for the harm caused in the amount of:

• employees in accordance with the call - 1 million rubles;
• employees on the basis of a concluded contract 2 million rubles.

Also, depending on the total military experience, if the military medical commission documents the connection of the disease or injury directly with the performance of military duty (the employee was in service, and not on vacation, time off, not under the influence of alcohol or drugs), the cost of treatment is paid and compensation is assigned. in total:

• 5 salaries - with a total military experience of less than 10 years;
• 10 salaries - when working in military units for 10 to 15 years;
• 15 official salaries - when serving from 15 to 20 years;
• 20 cash salaries – for over 20 years of activity.

If, according to the conclusion of a medical and social examination, a disability is established, as a result of which it is recognized as unfit to continue serving, then further payments for the dismissal of military personnel are adjusted by an increasing factor depending on the reason that led to the injury.

The total amount of pension provision is arithmetically calculated by multiplying the social pension, taking into account the territorial coefficient adopted by a tripartite agreement of the Federal authorities, regional trade unions and the association of local employers, by the above value, depending on the disability group and the reason for receipt.

Insurance compensation

When concluding a contract or being called up for military service, all citizens without exception are provided with health and life insurance. In case of unintentional damage, the contract provides for insurance payments.

If a contract soldier or conscript is killed in the line of duty or died as a result of injuries incompatible with life, then a payment is made to the serviceman’s wife, children, parents and other relatives who have presented the appropriate documents confirming the relationship (marriage certificate, birth certificate).

Additionally, if there are dependents, the social protection authorities assign a pension for the loss of a breadwinner, paid monthly.

What to do if a serviceman is denied benefits upon dismissal?

You cannot be 100% sure that upon dismissal everything will go smoothly and the dismissed serviceman will receive all the payments due to him.

Payments can be refused on legal grounds, since the serviceman is not entitled to them, and on illegal grounds.

What to do if they refuse to make payments upon dismissal?

First of all, you need to find out the reasons for refusal of payments. After this, check according to the law whether the refusal of payments is justified. If the refusal to pay is not based on the law, then there is only one way out - to go to court to protect your rights.

To challenge the refusal of payments, a serviceman must apply to the garrison military court with an administrative claim to declare the decision to refuse payments illegal and restore your rights to the funds.

USEFUL : you can also file a complaint with the prosecutor's office for an inspection, watch the video with tips and order us to draw up a complaint

Benefits upon leaving the army

Military personnel, in case of dismissal, taking into account certain facts (service period, reaching the age limit, etc.), are provided with the following benefits:

• in the field of medical support (free medical care, free prescription drugs, etc.)
• in the field of education (in certain cases they have the right to undergo free professional retraining)
• tax breaks (in certain cases, former military personnel do not pay property taxes)
• military personnel, in cases specified by law, are provided with housing or are provided with money for the purchase or construction of housing