FZ 400 - Federal Law on Insurance Pensions. FZ 400 with comments

What are insurance pensions? The answer to this question is contained in the No. 400-FZ "On Insurance Pensions". It is this law that will be analyzed in the article.

About legal regulation

The bill was drafted in accordance with the Russian Constitution. It is designed to establish the grounds for the emergence and implementation of civil rights on pension insurance type. The purpose of normative act No. 400-FZ is to protect the rights of Russians to insurance pensions provided under compulsory pension insurance. And the social importance of labor activity, as well as the social orientation of the economy in the country and the constitutional principles of providing the employed citizens with pension payments, should be taken into account here.

We should also talk about the legal regulation of the pension sphere. No. 400-FZ is far from the only normative act regulating retirement type payments. Here it is also worth mentioning No. 156-FZ "On Social Insurance", "On Personalized Accounting in the Insurance System", as well as some other laws. All submitted normative acts, in accordance with Article 2 No. 400-FZ, are designed to consolidate the existing pension system and modernize it.

On the basic concepts

The presented normative act contains a large number of highly specialized concepts, which should be paid special attention. What is an insurance pension? In accordance with the law, this is a financial payment, which has a monthly basis, designed to compensate for the wages of insured persons when their age of incapacity for work is approaching. It is important to take into account the insurance experience. The law says that the insurance length is the total duration of the working periods during which the insurance premiums to the Russian Pension Fund are assessed.

Another important concept is the pension coefficient. According to the No. 400-FZ "On Insurance Pensions", this is a special parameter that can reflect the rights to the pension of the insured person in relative units. The cost of such a ratio may be the ratio of the amount of insurance type contributions to the financial security of a pension.

Who has the right to insurance pensions?

What individuals have the opportunity to receive an insurance-type pension in a timely manner? According to Article 4 No. 400-FZ, this should be persons with Russian citizenship who have special insurance. In some cases, members of families of insured citizens who are not able to carry out labor activity have pension rights. Here it is necessary to add foreigners and stateless persons.

According to Article 5, insurance and state pensions can be granted simultaneously. Citizens who have the right to receive an insurance pension are entitled to one pension at their own choice. There are the following types of insurance payments:

• In connection with the acquisition of the status of a disabled person;
• On the occasion of loss of the bread-winner;
• For old age.

Article 7 fixes the norms of financial security for pensions of the insurance type. Thus, the bill in question can be amended to increase the cost of payment of pensions of the insurance type. Such changes are allowed only once a year as part of budgeting for the new year or for the planning period.

Terms of appointment of pension insurance benefits

Chapter 2 of the Federal Law No. 400-FZ details the main types of insurance payments, as well as the conditions for their implementation. Article 8 deals with the formation of pension payments on the occasion of the onset of old age. The age for civil, military and civil servants is regulated. A fifteen-year period is established at a minimum for the purpose of granting pensions on an insurance basis. Here it is also said about the coefficient, which must be at least 30.

Article 9 sets out the rules for assigning pensions for disabled people of Groups I, II or III. According to the law, a special medical and social examination can only recognize a citizen as an invalid. The reason for the disability, the length of the insurance period or the length of the work activity are not the conditions for the formation of pension payments in connection with the disability. It is enough here only for the conclusion of a special commission on the existence of a disabled group.

Finally, article 10 of the law in question refers to the case of loss of a bread-winner. According to the normative act, the possibility to receive an insurance pension is acquired by members of the family of the breadwinner, who are not capable of performing labor activities. The insurance experience of a survivor is not important - he may not even be.

On the appointment of insurance period

The Federal Law No. 400-FZ "On Insurance Pensions" regulates in detail the process of appointing an insurance period. Article 11 deals with work periods that must be included in the length of service. So, the labor activity was to be performed on the territory of Russia. During the entire working period, insurance type contributions to the FIU budget should be assessed. Labor periods performed outside the Russian state are regulated separately.

Article 12 details the working periods that are provided for in Article 11. Here is what it is worth highlighting:

• Duration of military service;
• Terms of registration and receipt of benefits under the compulsory social program. Insurance;
• Periods of childcare (maternity leave);
• Term for the use of unemployment benefits;
• Term of unreasonable attraction of a citizen to criminal liability, which resulted in a temporary lack of possibility to carry out labor activity;
• The length of care for a disabled person over 80 years of age;
• Other periods established in article 12 of the bill under consideration.

And how is the process of appointment of insurance? This will be discussed later.

Process of appointment of insurance experience

Above was told about the basic conditions for the formation of the insurance-type service. Articles 13 and 14 of Federal Law No. 400-FZ stipulate the norms, according to which the calculation of the length of service is carried out.

The calculation of the length of service must occur in a calendar order. When calculating all the periods that can legally enter into the insurance-type record, they must be confirmed by special documents issued by employers or individual state institutions. The grounds for individual records are also confirmation of individual periods included in the length of service. The entire process of counting, registering and confirming the length of service is established by the Government of Russia.

About the amounts of payments

In No. 400-FZ, art. 15 there is a parsing of the formula, according to which the size of the insurance pension is determined. According to the formula, the old-age pension, loss of breadwinner or disability is equal to the product of the individual coefficient of the pension type and the cost of one such coefficient for one day, included in one of the periods listed above.

Specific figures are set out in Article 16. So, if we are talking about pensioners of the third group, then to the pension of the insurance type is added a little more than 3.9 thousand rubles. The norm is fixed, according to which the amount of payments to the insurance pension should be indexed annually.

About appointment time

Chapter 5 No. 400-FZ (with comments and additions from 2017) fixes the rules regulating the specific terms of appointment of insurance pensions. Thus, Article 22 refers to the day of applying for an insurance-type pension. Payments, according to law, are appointed precisely from this day. If the citizen has not submitted to the appropriate authority some part of the documentation necessary for registration of the pension, a delay of up to three months may be imposed.

An insurance type pension can be appointed ahead of time only in some cases:

• On old age - from the date of dismissal from work, if the citizen applied for the said payment no more than a month from the date of dismissal;
• On disability - on the day of recognition of a citizen as an invalid, if the appeal has occurred no later than a year from the indicated date;
• On the death of the breadwinner - if the appeal was filed no later than one year from the date of confirmation of the death of the breadwinner.

Pension disability payments are established for the period of recognition of a citizen as a disabled person. Payments for old age or loss of a breadwinner are always unlimited.