Right to old age pension without length of service
The majority of the population of the Russian Federation works, works in one form or another.
If a person is able to confirm work experience (at least 10 years to receive a pension in 2020, 11 years in 2020, etc. up to a minimum length of service of at least 15 years) and the fact of payment of contributions to the Pension Fund from income during this period, he may qualify for an old-age insurance pension. For more information about insurance contributions to the Pension Fund, read the articles:
- “Insurance premiums for GPA”;
- “Material assistance and insurance contributions in 2020 - 2020”;
- “What are the insurance premiums for OPS?”.
The conditions for her appointment are contained in Art. 8 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ. Moreover, the work experience required for such a pension may also include some non-insurance (non-work) periods, if they were between periods of work (Article 12 of Law No. 400-FZ).
A number of periods can be taken into account with an increased duration (clauses 6 and 7 of Article 13 of Law No. 400-FZ), and if necessary, length of service earned before the entry into force of Law No. 400-FZ can be taken into account according to the rules in force during the relevant work period (clause 58 of the Decree of the Government of the Russian Federation dated October 2, 2014 No. 1015).
NOTE! In a number of ways, receiving an insurance pension is significantly more profitable than receiving a social pension. So, before you start applying for a social pension, it is recommended to evaluate all your chances and, perhaps, take steps that will result in the payment of an insurance pension.
The issue of social old-age pension becomes relevant for disabled persons who either do not have the necessary insurance experience or it is not enough to establish an insurance pension.
Since the current legislation of the Russian Federation does not imply leaving such persons without a means of subsistence, they have the right to apply for a social pension, the conditions for the application of which are contained in the Law “On State Pension Provision in the Russian Federation” dated December 15, 2001 No. 166-FZ.
You can learn a lot more useful and interesting things on our forum. For example, here you can clarify whether the period of training from the enterprise is included in the length of service for calculating a pension or not?
Minimum work experience
According to the new rules, pension payments will be provided to citizens based on the following indicators:
- the number of years of insurance experience, that is, the time of actual performance of labor duties, during which the employer made mandatory contributions to the state for the employee;
- accumulated points.
The point system provides that points are awarded on an individual basis depending on salary and the number of years worked. So, in 2020, in order to retire, a person needed to accumulate 6.6 points, as well as at least five years of experience.
The current pension reform is designed to be gradually implemented until 2025. Thanks to the gradual increase in indicators, the tightening of pension policy is carried out loyally without significant stress for employed persons.
According to established calculations, in 2020, in order to retire, you will have to accumulate at least 10 years of insurance experience and, in addition, you need to have at least 16.2 pension points.
If, at the time of reaching retirement age, a person has failed to accumulate the minimum established indicators, then the provision of an insurance pension will be denied. As an option, a social benefit will be accrued, but its amount is significantly lower than the pension provision in the Russian Federation.
The difference between insurance and social pensions
The difference between the results of calculating insurance (including length of service) and social pension (without insurance experience) is very significant:
- An insurance pension allows you to retire earlier than a social pension. If a person has the right to early retirement, this age gap increases even more.
- The amount of the insurance pension is significantly higher. Thus, according to the Pension Fund, in 2020 the average old-age insurance pension is 15,400 rubles, and the average social pension is only 9,400 rubles.
- The insurance pension of a pensioner who continues to work is recalculated annually taking into account the increase in his length of service and the amount of additional contributions he has paid, which gives a significant increase to it. The amount of the social pension, which depends on other parameters, despite the mandatory annual indexation, is growing much more slowly.
- Both pensions are granted without a limitation on the period during which they will be accrued, but payments of a social pension in some cases may be terminated temporarily or permanently.
Read about the features of pension indexation in the article “Indexation of pensions for working pensioners after dismissal .
You will find step-by-step instructions for applying for an insurance pension in ConsultantPlus. Get free access to the system and go to the material.
And we will continue to talk about social pensions.
How to find out the difference between an insurance pension and a social pension and labor pension
Of course it can’t, the main criterion for a labor pension is length of service, while a social pension only implies disability. Social pension is paid to disabled people, in case of loss of a breadwinner to minor citizens, and in old age if the work experience is less than 5 years.
Info
A labor pension is paid if the work experience exceeds 5 years. Of course, the social pension can be higher than the labor pension; factors such as total length of service and the size of the “white” salary play a role here, and it is not always large.
Important
At the moment, such a development of events as the amount of the social pension exceeding the size of the labor pension is possible in Russia. Moreover, no one indicated whether we are talking about minimum indicators or how it could even be.
In any case, if the amount of pension payments is below the subsistence level, then the state will compensate for the difference.
Conditions for assigning a social pension
The social pension is one of the types of pensions, the payment of which is ensured by the state (Clause 1, Article 5 of Law No. 166-FZ). Just like insurance, it is paid in the event of:
- old age;
- disability;
- loss of a breadwinner.
The establishment of a social pension is possible only for disabled persons (Clause 6, Article 5 of Law No. 166-FZ) and only for citizens of the Russian Federation (Clause 1, Article 11 of Law No. 166-FZ).
Of the listed types of social pension, only old-age pension is associated with work experience (more precisely, its absence at the time of reaching the age defined as retirement) (Clause 4 of Article 11 of Law No. 166-FZ). The persons to whom it is assigned are divided into 2 groups:
- citizens of the Russian Federation, as well as permanently (at least 15 years) foreigners and stateless persons living on its territory who have reached the age entitling them to a pension;
- representatives of small peoples of the North, permanently (including on the day of pension establishment) living in the areas of historical existence of these peoples, whose age has reached 55 years for men and 50 years for women.
Thus, the conditions for establishing a social old-age pension are:
- reaching the age at which a citizen is legally recognized as disabled;
- having Russian citizenship or permanent long-term residence on its territory;
- a citizen’s choice of this particular type of pension from several, if he has a simultaneous right to them.
Simultaneous receipt of a social old-age pension is possible together with a survivor’s pension, also provided by the state, but not social:
- for parents and wives (who have not entered into a new marriage) of military personnel who died as a result of hostilities during service (subparagraphs 3–4, paragraph 3, article 3 of Law No. 166-FZ);
- family members of citizens who suffered during the Chernobyl accident or took part in the liquidation of its consequences (subclause 5, clause 3, article 3 of Law No. 166-FZ);
- family members of deceased cosmonauts (subclause 7, clause 3, article 3 of law No. 166-FZ).
The social old-age pension must be assigned from the 1st day of the month of application for it, and if the right to it arises for persons who received a disability pension before the age of incapacity, then from the date of completion of the required number of years (clause 1 of article 23 of the law No. 166-FZ). At the same time, the payment of the disability pension is terminated.
Documents for social pension
The social pension is established by the Pension Fund at the place of residence of the citizen applying for it. To apply for an old-age pension (if there is no work experience), the following documents will be needed:
- pension application;
- passport or other identification document;
- a document confirming the required period of residence in the Russian Federation (for foreigners and stateless persons);
- a document confirming the attitude towards the small peoples of the North.
In cases where the simultaneous establishment of a survivor's pension that is not social is allowed, additional documents certifying the corresponding right will be required.
Find out about social benefits for the loss of a breadwinner from this article.
Amount of social old-age pension
The amount of the social old-age pension is directly indicated in subparagraph. 1 clause 1 art. 18 of Law No. 166-FZ:
- RUB 5,034 25 kopecks - citizens from among the small peoples of the North who have reached the age of 55 years (men) and 50 years (women), disabled people of the 2nd group and other citizens who have reached the age of 70 and 65 years;
- RUB 12,082 06 kop. — disabled people of the 1st group since childhood and disabled children;
- RUB 10,068 63 kopecks — disabled people of the 1st group, disabled people of the 2nd group since childhood, etc.;
- RUB 4,279 14 kopecks - disabled people of the 3rd group.
It is accrued subject to a number of conditions, such as:
- Mandatory annual indexation, determined by the increase in the cost of living for pensioners, from April 1 (Article 25 of Law No. 166-FZ).
- Application of the regional coefficient for pensions paid to persons living in the regions of the Far North and equated to them (clause 2 of article 18 of law No. 166-FZ). When you change your place of residence, the coefficient changes or disappears according to the rules for its application in the corresponding territory.
If a social pension is assigned after an insurance pension related to disability, its amount cannot be less than the amount of the disability pension accrued on the last day of its payment (clause 3 of Article 18 of Law No. 166-FZ).
What will be the pension if a citizen has never officially worked?
The Pension Fund clarified the issue regarding situations where a Russian has never made a single entry in his paper or electronic work book in his entire life. This may be due to the fact that he worked illegally, running a small business, or the employer did not want to officially hire him. Sometimes it happens that women who get married at an early age have no records, devoting their whole lives to caring for children and grandchildren, remaining in the comfortable status of a housewife.
Termination of social pension payments
Due to the fact that the establishment of a social old-age pension is determined by a number of very specific conditions, its payment may be terminated if a citizen:
- Changes his place of permanent residence in the Russian Federation to a territory located outside it, or has 2 places of permanent residence: on the territory of the Russian Federation and outside it (clause 3.2 of Article 24 of Law No. 166-FZ).
- Starts working, i.e. loses the status of a disabled person (Clause 5, Article 11 of Law No. 166-FZ). However, this does not apply to the small peoples of the North, not named in this paragraph.
- Does not receive a pension for six months (clause 4 of article 24 of law No. 166-FZ and subclause 1 of clause 1 of article 24 of law No. 400-FZ). In this case, payments are suspended for six months, and then, if no application is received for their renewal, they are terminated (subclause 2, clause 1, article 25 of Law No. 400-FZ).
Learn about the nuances of calculating “northern” pensions from the article “What is the size of the pension for work in the Far North?”
What is the size of the pension if there is no work experience?
There are two types of pension accruals: insurance and social.
The pension is formed from contributions that are transferred from the employer to the Pension Fund. The amount depends on the citizen’s length of service and salary. The employer transfers 22% of earnings to the Pension Fund on a monthly basis. These funds gradually accumulate in the account and interest is accrued on them. The minimum pension points are 13.8, and the minimum number of years worked is 9.
If there is insufficient interest and work experience on the account, then this circumstance is a refusal to form accruals.
For those who do not have enough experience, but have reached retirement age, a benefit is calculated, namely a social pension. This is provided for all citizens who are not entitled to payment. These can be not only Russians, but also citizens from abroad; it is important that they have lived in the Russian Federation for at least 15 years.
Results
The current legislation of the Russian Federation does not allow citizens who do not have the necessary work experience to be assigned an insurance pension to be left without a means of subsistence. When applying to the Pension Fund, it is possible to establish a social old-age pension if a number of necessary conditions are met.
Sources:
- Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”
- Decree of the Government of the Russian Federation dated October 2, 2014 N 1015
- Federal Law of December 15, 2001 N 166-FZ “On State Pension Security in the Russian Federation”
You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.
