All the features of a disability pension for military personnel: types, who is entitled to it and what determines the amount of payments?

Types of pensions for disabled military personnel

For a citizen who has acquired limited capabilities due to service in the Armed Forces (AF), according to Russian legislation, the following is determined:

• Social disability pension for military personnel. It is assigned to those who served under conscription. Another category is contract soldiers whose receipt of limited opportunities is associated with illegal actions (for example, an injury received during desertion).
• State disability pension. It is prescribed in all other cases.

Depending on the time when a citizen became disabled, pensions for military disabled people are divided into 2 types. In the first option, a person’s disability resulted from the performance of service duties (for example, participation in a military operation). This includes various physical injuries:

• injuries;
• contusions;
• injuries;
• mutilation.

In the second case, disability is a consequence of an illness acquired in the service. These health disorders are not directly related to the duties of the military personnel. For example, these reasons include:

• progressive decrease in vision;
• tuberculosis;
• amyloidosis of internal organs;

Who is entitled to a military disability pension?

The first source of funding for pension payments is the Russian Ministry of Defense. This security is assigned:

• For officers, midshipmen and warrant officers - regardless of length of service.
• Contract soldiers, sailors, petty officers and sergeants.
• Persons serving in other countries (if this country has an agreement with Russia on pension payments to the military).
• Citizens who served in the USSR Armed Forces.

The second option is the Pension Fund. This disability pension for military personnel is determined by:

• conscripts;
• military personnel who became disabled due to violation of the law.

List of laws

• Law of the Russian Federation No. 4468-I dated February 12, 1993;
• Order of the Ministry of Labor No. 310n dated 10/11/12.

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Conditions of appointment

A citizen who meets one of the requirements can apply for benefits for military disabled people:

• Having a disability acquired during service (or within 3 months after its termination). This person’s limited capabilities may be the result of injury, trauma, serious illness, etc.
• A person who has received a disability caused by a health disorder during military service. For this event, the time interval following the dismissal has no limit. For example, even after 15 years, a citizen may be assigned a disability group and a military pension due to an illness acquired in service.

What injuries can cause a military member to retire?

In 2020, a pension for disabled persons due to military injury is granted if a medical examination reveals the following diseases:

• disruption of the nervous system, which, in turn, led to limb failure;
• cardiovascular diseases, which impair the functioning of the heart during intense exercise;
• a disorder of the musculoskeletal system that prevents the soldier from fully performing his military duties;
• tuberculosis of various organs;
• skin diseases that are chronic;
• AIDS.

After a complete health check, the medical commission determines the severity of a particular disease.

For example, if there is tuberculosis, which is known to be a communicable disease, a decision may be made to dismiss the soldier with further monetary support in the form of a pension. His stay in the service may jeopardize the health of other employees: someone, due to weak immunity, may catch the disease, and then tuberculosis will become a larger problem.

How to apply for disability for a military pensioner

The correct algorithm would be:

1. 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.
2. You need to write an application to the territorial office of the Pension Fund of Russia to conduct a Medical and Social Examination (MSE).
3. 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:

1. 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.
2. 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.
3. 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.
4. 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).

List of documents

Attached papers when submitting an application for payment:

1. Passport or other document identifying the applicant and/or his representative.
2. Notarized power of attorney (if necessary).
3. Certificate of medical examination with a decision to assign a disability category.
4. A document confirming your actual place of residence.
5. Extract from the dismissal order.
6. Certificate of disabled family members - dependents (if any).

Amount of pension benefits for military personnel

The amount of support for a disabled military person depends on the conditions of appointment. There are pensions:

• For conscripted military personnel and persons who have committed illegal actions that caused disability.
• For other categories of military personnel. The peculiarity of their calculation is that the amount of the benefit is tied to certain percentages of the military’s monthly allowance (MSA), which was assigned to him during his service.

Another criterion that affects the amount of pension provision is the cause of disability. It could be:

• Wound or war trauma. This category is divided into two types - in the first case, disability is related to the performance of official duties, in the second - not.
• A disease acquired during service and subsequently causing limited capabilities.

Military injury pension

The table shows how this type of payment differs:

For example, you can calculate the amount of security for 2019:

• For contract workers. Before October 1, 2019, its average amount is 43,500 rubles, after – 45,370.5 rubles. This means that the maximum average payment for this category will be 45,370.5 rubles. x 85% = 38,564.93 rubles.
• For conscripts. Before April 1, 2019, its amount is 5180.24 rubles, after – 5304.57 rubles. For this reason, the largest payment for this category in 2020 will be 5304.57 rubles. x 300% = 15,913.71 rubles.

If the disease is acquired during service

The table shows the value of a military pension for health reasons:

By calculating these payments for 2020, the following indicators can be obtained:

• For contract workers. The maximum payment will be 45,370.5 rubles. x 75% = 32,527.88 rubles.
• For conscripts. The largest amount of security will be equal to 5304.57 rubles. x 250% = 13261.43 rubles.

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:

1. provided from the federal budget or the Russian Pension Fund (PFR);
2. assigned to persons recognized as disabled by the Military Medical Commission (MMC);
3. valid limited until:
   removal of disability;
4. 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:

• conscripts;
• contract soldiers.

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:

1. Citizens who held officer positions, or served as midshipmen, warrant officers and privates in the ranks:
   Armed Forces of the Russian Federation (AF);
2. United Armed Forces of the Commonwealth of Independent States;
3. Federal Border Service;
4. Internal and Railway Troops of the Russian Federation;
5. government communications and information authorities;
6. State Security of the Russian Federation;
7. border troops;
8. foreign intelligence;
9. state security agencies;
10. military prosecutor's office;
11. National Guard of the Russian Federation;
12. bodies of the penal system;
13. fire service;
14. drug control authorities.
15. Military personnel of other countries that have relevant agreements with Russia.
16. People who served in foreign countries, in the absence of an agreement between the parties.
17. Military personnel of the USSR.

Important: for military personnel who served in conscription as soldiers, sailors, sergeants and foremen, who became disabled as a result of a military injury or illness during military service, if a conscript receives the right to pension accruals due to disability, then he will be paid according to the law No. 166-FZ dated December 15, 2001 Pension Fund authorities.
Download for viewing and printing: Law of the Russian Federation dated 02/12/1993 N 4468-1 (as amended on 05/01/2017) “On pension provision for persons who served in military service, service in internal affairs bodies, the State fire-fighting system...”

Disability pension supplements

The legislation provides for two types of allowances for pensioners. The first ones correspond to the size of the social pension (before April 1, 2019 it was 5180.24 rubles, after – 5304.57 rubles), and are paid:

• If a non-working pensioner has dependents - depending on their number, 32-100% of the social pension. For example, for 2 minor children, such a citizen will receive an additional payment of 64%. After the April indexation of 2020, it will be 5304.57 rubles. x 64% = 3394.92 rubles. The maximum supplement of 100% is due for three or more dependents.
• Upon reaching 80 years of age – 100%.

Additional payments of the second type in the calculations use the current amount of payments that are assigned to a disabled military person. They rely:

• Those who have the title of Hero of the Soviet Union or Russia, holders of the Order of Glory of 3 degrees - 100% of the amount of pension payments, Hero of Socialist Labor, Hero of Labor of the Russian Federation - 50%. If the heroic title is awarded again, then a proportional increase in the bonus occurs.
• Champions of the Olympic, Paralympic and Deaflympic Games receive a 50% bonus.
• Recipients of the Order of Labor Glory of 3 degrees or those awarded the Order “For Service to the Motherland in the Armed Forces of the USSR” are entitled to an additional payment of 15%.

When assigning bonuses, two circumstances are taken into account:

• If a pensioner is entitled to several additional payments, he can choose only one of them. The default will be the largest value.
• If a citizen has the right to two pensions, then the supplement will be set to only one.

Methods of receipt and payment terms

According to the law, there are two options for receiving military pensions:

• By transfer to a card (or bank account). The convenience of this method is that the money arrives to the pensioner as soon as it is transferred from the Pension Fund.
• At the post office. In such a situation, the delivery time for pension funds may extend by several days compared to the previous option. To optimize work (eliminate queues, etc.), the post office can set a schedule according to which monthly payments are made to disabled people.

Right to receive a second pension

According to Russian legislation, after leaving service, disabled military personnel can continue to work, gaining experience. In this situation, they may receive the right to a second pension - an insurance type. To do this, the following conditions must be met (indicators for 2020 are given):

• Achievements of 55.5 years for women, and 60.5 for men.
• Minimum 10 years of insurance experience.
• Availability of an individual pension coefficient (IPC) of 16.2 pension points.

It is necessary to take into account that, according to the law, when simultaneous receipt of 2 pension benefits, a fixed payment to the insurance pension is not accrued. In this case, the formula VP(C) = ChPB x SPB is used, where:

• VP(S) – amount of pension (insurance);
• NPB – the number of pension points accumulated by a citizen;
• SPB – the cost of 1 point in the current year.

Knowing that the cash equivalent of a pension point in 2020 will be equal to 87.24 rubles, we can calculate the minimum amount of the second pension for disabled military personnel this year. This value will be 16.2 x 87.24 rubles. = 1413.29 rubles.

Second allowance for pensioners who served in places of hostilities

According to the requirements of the new legislation, a serving military man has the right to a second salary - already through the Pension Fund of the Russian Federation. This is confirmed by the presence of that very “green card” that few ordinary people pay attention to - SNILS.

Certain conditions are required to receive content. This is age (sixty-year threshold for men and 55 years for women. In addition, the following is taken into account:

1. length of service (the minimum number of years not taken into account by law enforcement agencies is 5, but this number will increase in the future to 15 by 2024);
2. number of individual pension points (coefficients);
3. availability of a pension from one or another department.