Regulations on working pensioners in the year. The bill on non-indexation of pensions for working pensioners has been adopted

New legislation on pensions for working pensioners appeared in 2016 due to the problematic economic situation in the country. Let's look at what these changes are and what their consequences are.

New in the law on pensions since 2016

The difficult economic situation that developed in Russia in 2015 led to the need to minimize the expenditure of budget funds. One of the ways to achieve this reduction was to reduce funds for pension payments in 2016.

This reduction was reflected in the following steps (law “On the suspension of certain provisions of legislative acts of the Russian Federation, amendments to certain legislative acts of the Russian Federation and the specifics of increasing the insurance pension, fixed payment to the insurance pension and social pensions” dated December 29, 2015 No. 385-FZ ):

• The indexation of pensions for working pensioners has been cancelled.
• Indexation of pensions for persons who do not have other sources of income (non-working pensioners receiving an insurance or social pension) has been retained, but with a lower coefficient than originally provided for by law (before the inflation rate).
• The second indexation was announced based on the results of the 1st half of 2016, but with reference to the real emerging opportunities of the economy (i.e., it may not exist).

Changes in pension legislation for working pensioners

At first glance, as a result of the measures taken, working pensioners suffered the greatest losses. Although, taking into account the small indexation coefficient (4%), which increased the pension for most ordinary pensioners by about 350-360 rubles, a working pensioner receiving a salary adds an obviously larger amount to his pension.

In addition, the Law of the Russian Federation dated December 29, 2015 No. 385-FZ does not in any way address the issue of recalculating pensions for workers at the end of the year. That is, while continuing to work, the pensioner retains the right to increase the number of pension points and, accordingly, to an annual increase in the amount of the pension.

However, while maintaining the fairness of the approach to calculating pension payments, the Law of the Russian Federation dated December 29, 2015 No. 385-FZ provided for the mandatory implementation of all stages of indexation frozen for working pensioners at the time of their termination of work. In order to timely inform the Pension Fund of the Russian Federation about such termination, a new type of reporting on the composition of employees was introduced for employers from 04/01/2016, which must be submitted to the Pension Fund on a monthly basis.

For more information about the composition of the data included in the new report, read the article .

Actions of a pensioner upon dismissal

Data on pensioners continuing to work at the beginning of 2016 were available to the Pension Fund only as of September 30, 2015. Accordingly, information about such persons as of 01/01/2016 was fully available there by February 20. Since the decision not to carry out indexation took effect from 01/01/2016, and the new report will present data from April 2016, the period from 10/01/2015 to 03/31/2016 for carrying out (or, conversely, for not carrying out) indexation turned out to be transitional.

Pensioners who resigned during this period and were left with the only source of livelihood in the form of a pension, for timely indexation, can independently apply to the Pension Fund no later than 05/31/2016 with an application for this. Copies of documents confirming the fact of dismissal must be attached to the application.

Read more about this in the article .

It is recommended to submit a similar application and within the same time frame to the Pension Fund for those pensioners who, during the transition period, began working after rest, since from the day they started working they lose the right to indexation (Clause 2 of Article 3 of the Law of the Russian Federation of December 29, 2015 No. 385-FZ ).

Results

The 2016 innovations for working pensioners, expressed in the abolition of indexation of pensions for them, are associated with the difficult economic situation in the country and are temporary. Upon termination of work, all necessary indexing will be carried out.

According to the adopted law, an increase in payments for working pensioners is not provided.

At a meeting on Tuesday, the State Duma adopted in the third reading a law according to which insurance and social pensions will be increased by 4% from February 1, 2016. The document suspends until January 1, 2017 the effect of federal laws defining the procedure for indexing social and insurance pensions, Interfax reports.

The average size of the insurance pension in 2016 will increase by 4% (by 490 rubles) and will amount to 12 thousand 603 rubles, old-age insurance pension - 13 thousand 132 rubles.. The law establishes that the pre-indexation of pensions will be intkbbee carried out based on the results of the first half of 2016, taking into account the situation in the economy and social sphere.

Also, according to the adopted law, an increase in payments for working pensioners is not provided. The Russian Pension Fund will monthly update data on working and non-working pensioners. Employers, in turn, are required to provide reports every month in a simplified form, which contains information about the pensioners working for them.

The document also states that based on the results of the first half of the year, re-indexing will be carried out taking into account the situation in the economy and social sphere. Moreover, the size of the repeated increase in pensions will be determined by a separate federal law.

The Pension Fund of the Russian Federation is obliged to inform pensioners about the provisions of the adopted document by posting information on its website, through the media and territorial bodies of the Pension Fund.

In addition, deputies adopted in final reading a law suspending the indexation of pensions of working pensioners from January 1, 2016.

According to the Central Bank, as of December 7, inflation in the Russian Federation in annual terms amounted to 14.8% after 15.6% in October.

Or on other grounds.

The number of pensioners in Russia increases every year. Already as is for 2019 they make up almost 30% of the country's total population, i.e. more than 43 million people. Gaps in the pension system lead to problems that do not allow pensioners to have a decent old age.

To overcome a possible crisis in pension payments, reforms are being carried out and developed new pension programs. The last reform did not bypass pensioners who continue to work in retirement.

Is it profitable to work in retirement?

Depending on the life situation, a person, having reached , has the right to choose - to issue him a pension and retire to a well-deserved rest, or to continue working and postpone its assignment, or to continue working after retirement.

Some citizens, after receiving their pension, continue their careers for various reasons. This has its own advantages and disadvantages.

• While working, a pensioner increases his income. Provided that insurance premiums are paid for him, this will be taken into account in the annual pension recalculation and will affect the increase in his pension benefit.
• However, since 2016, pensions for working people are not indexed. Payments of the indexed portion are suspended until the pensioner stops working. Although, after the pensioner resigns, his pension will be recalculated taking into account all the indexations that he missed and did not receive while he was working.

How is work experience taken into account?

Accounting for work experience (of the working population and pensioners) is carried out using personalized accounting pension rights of citizens. It is maintained by the Pension Fund of Russia for all persons registered in the system (OPS) and having (SNILS).

Based on data received from employers, the following information is generated on the personal account:

1. about places and working conditions;
2. about periods of work and other activities included in the insurance period;
3. about the transferred insurance premiums;
4. about the duration of the insurance period;
5. about the number of pension points.

All the information given above is used by the Pension Fund authorities for carrying out (assigning a payment when the right to it arises) and recalculation.

In addition to work, the insurance period also includes other periods employee’s life, such as parental leave until the child reaches the age of 1.5 years, periods, military conscription.

They are taken into account if they were preceded and (or) followed by periods of work and other activities of the citizen.

Calculation of the amount of insurance pension

For the amount of a citizen’s pension savings is divided by the number of months expected payment period pension, the duration of which is determined annually by law (252 months in 2019).

The size of the pension additionally depends on the time of application for its assignment. Late registration of pension benefits after reaching retirement age increases the amount of payments.

Pension recalculation formula

Annually August 1 pensions are recalculated - insurance and funded (if they are formed). According to the new rules, pensioners who continue to work do not need to contact the pension fund for a recalculation; this is now done automatically based on employers' reports.

In this case, funds received into the citizen’s individual personal account during the previous year are taken into account, if they were not taken into account when assigning pensions or in the previous recalculation:

• insurance premiums transferred by the employer or the pensioner himself, if he is an individual entrepreneur, notary, lawyer, etc.;
• results of investing pension savings;
• additional contributions to the formation of a funded pension and their investment results.

Recalculation of insurance pensions

The increase in the size of the insurance pension occurs due to the number of pension points earned from insurance contributions made in the previous year, if they were not taken into account in pension accruals and recalculations previously(Article 18 of the law “About insurance pensions”).

To calculate the amount of pension payment taking into account its increase, the formula is used:

SP = SP st + IPK x SIPC,

• JV- pension payment taking into account recalculation;
• SP st- pension before recalculation as of July 31 of the current year;
• IPC- the number of points earned as of January 1 of the current year;
• SIPC- the cost of the point as of the day from which the recalculation is made (in 2019, 87.24 rubles).

Maximum amount individual points, which is taken into account during the annual pension recalculation is legally limited.

Depending on the formation of a funded pension through insurance contributions, the maximum number of IPCs is equal to:

• 3,0 - for persons who did not form a funded pension in the corresponding year.
• 1,875 - for persons whose insurance premiums were sent to.

The amount of a pensioner’s benefit also increases if a citizen, when he becomes eligible for a pension, postpones the deadline for its registration. The law introduced increasing coefficients, affecting the size of the pension depending on the period of application for it:

1. Increase coefficient for insurance pension.
   

   	By old age	Early
   1	1,07	1,046
   2	1,15	1,1
   3	1,24	1,16
   4	1,34	1,22
   5	1,45	1,29
   6	1,59	1,37
   7	1,74	1,45
   8	1,9	1,52
   9	2,09	1,6
   10	2,32	1,68

2. Increase coefficient to fixed payment.
   

   Full years of grace period	By old age	Early
   1	1,056	1,036
   2	1,12	1,07
   3	1,19	1,12
   4	1,27	1,16
   5	1,36	1,21
   6	1,46	1,26
   7	1,58	1,32
   8	1,73	1,38
   9	1,9	1,45
   10	2,11	1,53

Adjustment of funded pension

The pension savings of the insured person are subject to annual adjustment due to:

• amounts of insurance transfers from the employer;
• additional contributions made to the funded pension;
• results of investing pension savings.

For 2019 by the Government moratorium extended for the formation of a funded pension through insurance contributions.

During the moratorium, a citizen can continue to form pension savings, but only through voluntary transfers.

The calculation of the funded pension adjustment takes into account funds that were not taken into account when assigning the pension or in the previous recalculation. The calculation is carried out according to the formula:

NP = PN k/T,

• NP- the amount of adjustment of the funded payment;
• Mon to- the amount of a citizen’s pension savings as of July 1 of the current year. If a citizen undergoes an adjustment to his fixed-term pension payment, then the savings funds taken into account in the adjustment of this payment are not taken into account as part of the savings used to adjust the size of his funded pension;
• T- the number of months of the expected pension payment period, which is used to calculate the amount of the funded pension, as of July 31 of the current year.

The size of the funded pension can also be changed based on the results of investing funds from the payment reserve.

Cancellation of indexation of pensions for working pensioners

The pension system for citizens provides for pension payments due to increased inflation. This leads to additional financial costs for the state. Due to the difficult financial situation of our country, the Government is forced to take measures aimed at saving budget funds. In particular, a decision was made to reduce government spending to provide for working pensioners.

So, from January 1, 2016 After the entry into force of the law of December 29, 2015 No. 385-FZ, the annual indexation of pensions of working pensioners was cancelled.

It is believed that pensioners who continue to work after retirement receive wages or other income, which is additional financial support for them, which (unlike workers) they do not have.

Accepted restrictions on pension indexation do not apply on, including regardless of whether the pensioner works or not.

Will pensions be indexed in 2019?

Starting from 2016, in order to reduce budget expenses, the annual indexation of their payments was canceled for working pension recipients. Despite this, in January 2017 they had the right to receive a one-time payment of 5 thousand rubles as compensation for the canceled indexation.

However, the government's plans for 2019 regarding the pensions of working Russians have not changed - their insurance pensions will not increase. This limitation is provided for in the PFR budget and will last until 2021.

After termination of employment, the pensioner again acquires the right to indexation of his pension payments and after dismissal he will receive a pension taking into account all indexations, which were carried out during the period of his work and which he did not receive. The pension recalculated taking into account all missed increases will be paid to the citizen in the month next month, in which the pension fund received information confirming the fact of his dismissal.

Pension after leaving work

Despite the restrictions introduced, working pensioners were promised to compensate for all missed indexation after dismissal (clause 3 of article 26.1 of the law “About insurance pensions”). At the same time, until 2018, recalculation was carried out within 2-3 months; accordingly, citizens received the full amount of pensions only after this period, and without any compensation during this time they were not provided.

From 2018, all pensioners who stopped working will have their pensions indexed from the 1st month after dismissal, however, pensioners will be able to receive the full amount as before - only 3 months after dismissal, but they will be compensated in full.

Pensioner no need(but he has the right) to report his dismissal to the pension authority in order to receive an increased pension. Changes to pension payments to take into account inflation will be made based on data submitted by employers.

• Now, according to the new rules, employers are required to provide monthly information to the pension fund containing information about retired workers and those who quit.
• Based on these data, the pension fund will be able to timely calculate pension payments, taking into account indexations in the event of dismissal of a pensioner.

After receiving an indexed pension, the pensioner can again get a job, while the amount of his already increased pension payment will not decrease.

Pension abolition law

In order to save the budget by reducing pension costs, the Government discussed the issue of limiting pension payments to those citizens who, while receiving a pension benefit, continue to work. Previously, in Soviet times, pensioners had such a restriction, but in doing so the state pursued a different goal.

In 2015, a bill was issued that would abolish pension payments to working pensioners, although not to all, but only to those who have a high annual income, namely whose income is more than 1 million rubles per year.

The consequences of the adoption of this bill could have a negative impact both on the retired citizens themselves and on the state economy.

• A ban on pension payments could provoke a move away from official salaries for pensioners, and, accordingly, the receipt of insurance contributions and taxes to the budget will decrease.
• Professional workers in industries important to the state will leave their jobs in order to preserve their pensions.
• In addition, such a decision contradicts the legislative right to pension provision for citizens.

Therefore, this bill not accepted. It was decided to maintain payments to pensioners, and to achieve a reduction in pension costs for working pensioners by canceling the indexation of their pensions.

Social support measures for pensioners

For citizens receiving or for other reasons, certain support measures have been developed in the form of benefits, compensation and other opportunities. Certain benefits also apply to working pensioners.

There are some advantages in labor relations for working pensioners compared to other employees:

• A pensioner can resign from work at his own request by declaring this any day. This category of employees is exempt from the obligation to notify the employer of their dismissal 2 weeks in advance.
• The employment relationship with a working pensioner can only be terminated on a universal basis.
• Upon written application, a pensioner can take vacation without saving payment(number of calendar days per year: pensioners by age - 14; WWII veterans - 35; working disabled people - 60).

A pensioner can use the employment service to improve his skills or gain a new one in another field of activity.

Workers receiving a pension, just like tax benefits:

• exemption from personal income tax for pensions, financial assistance issued by the employer, compensation for the purchase of prescription drugs, insurance payments under voluntary pension insurance contracts;
• tax deduction for compensation of the cost of vouchers to sanatoriums and health centers, amounts transferred by the employer for the purchase of technical devices and rehabilitation means for working disabled people;
• tax deduction for amounts spent on the purchase of housing, land for the construction of a residential building, housing construction, or amounts received upon their sale;
• exemption from property tax;
• regional benefits for transport and land taxes.

Medical benefits provide for pensioners to undergo free medical examination (once every three years), as well as free flu vaccination for persons over 60 years of age.

Social benefits are established for pensioners regionally. This could be free travel on public transport or benefits and compensation when paying for utilities, etc.

Working pensioners from the Far North and similar territories (unlike non-working people) do not have the right to compensation for the cost of tickets to their vacation destination and back.

Working military pensioners have additional benefits:

• exemption from transport and land taxes;
• placement out of turn for work in a civilian specialty;
• extraordinary receipt of places for children and grandchildren in kindergartens, schools, etc.

Conclusion

The government is considering various options for reducing pension costs for working pensioners. But still, some positive aspects in pension provision for this category of citizens remain:

• a working pensioner has the right to receive both a pension and additional income;
• work in retirement increases the amount of pension benefits. Due to the deduction of insurance contributions, the pension coefficient used in the recalculation of pensions increases;
• delaying the registration of a pension for a year or more makes it possible to receive an increased amount due to the provided increasing coefficients;
• pension for a working pensioner not indexed, however, after his dismissal, his benefit will be indexed in full for the entire period for which he did not receive indexation;
• Many benefits and compensation provided for non-working pensioners also apply to working recipients of pension benefits.

From 2016 to the present, the news for working pensioners has not been very encouraging. Conflicting rumors constantly appeared about whether the pension would remain for this category of citizens or whether it would be abolished, and if it remained, whether it would be indexed.

How it all began

In order to implement the anti-crisis plan, the government mothballed the funded share of pensions in 2014.

It was promised that this freeze would be a temporary phenomenon, but, as you can see, three years have passed, the economic situation has not improved, and there is no thawing observed.

In 2016, the authorities decided not to index pensions according to the inflation rate, which in 2015 was 12.9 percent, although this procedure was established by the law “On Insurance Pensions.”

Instead, they carried out an indexation of only 4 percent, deciding that this measure would fundamentally improve the economic situation in Russia.

At the same time, it was decided to stop indexing pensions for working people of retirement age.

Watch a short video in which the management of the pension fund explains about the indexation of pensions for working pensioners:

If the pensioner stopped working (or ceased the activities of an individual entrepreneur), then payments were resumed. At the same time, he could count on indexation only from the moment of dismissal.

What now?

At the moment, this procedure for working pensioners remains the same.

In 2019, indexation is not provided for pensioners who continue to work.

In addition, the government has decided to completely freeze the indexation of pensions in this category for an indefinite period. If a pensioner resigns, he is promised a recalculation of his pension and payment in full, taking into account indexation.

When will a retired pensioner receive an increased pension?

In 2016, the pension fund introduced monthly reporting from employers, which allows them to quickly determine the presence of pensioners who have stopped working and, without an application, credit their pensions, taking into account indexation.

However, despite this, some time will pass to resolve procedural issues. It is necessary to process the received reporting information, enter the data into the personalized accounting database, and accept a conclusion on the revision of the pension.

Thus, a high pension amount will be acquired no earlier than in two to three months.

Recalculation of pensions for working pensioners in 2019

Starting from August 1, 2016, all pensions for working pensioners were recalculated. An individual approach was applied, in which the size of the pension directly depends on the amount of insurance contributions paid by the employer to the pension fund.

In this case, no action is required on the part of the pensioner; the Pension Fund itself made the recalculation, in the so-called without application procedure.

The recalculation itself is made taking into account the point system, and a working pensioner cannot be awarded more than three points (222.81 rubles in 2016).

Indexation of pensions in 2019

As already written, the government refused to allow working pensioners to index their pensions. This category of citizens expected that their pensions would be indexed in August.

However, Dmitry Medvedev announced that the government had approved a resolution not to index pensions, but to replace it with an annual recalculation on August 1 of each year.

Everything seems to be fine.

Officials kept silent only about the fact that the amount of such payment is not indexation, and, accordingly, does not increase the base of pension payments. Experts agree that the government saved about 500 billion rubles on pensioners.

After the Prime Minister announced the replacement of indexation with recalculation, he promised that the required indexation in February 2017 would be carried out in full.

As you know, the law on paying pensioners 5 thousand rubles was adopted by the State Duma in November 2016. According to this law, a one-time payment will be made to all categories of people of retirement age, including working people and the military.

The main condition for receiving such compensation is the person’s permanent residence in Russia.

Video: Additional payments to Pension in 2019 How much money will Working Pensioners lose

News from the Pension Fund

The leadership of the Pension Fund of Russia held a press conference at which it tried to answer questions from journalists.

Let us present the theses of this conference:

1. In 2019, the first indexation will take place in February, but it will not affect working pensioners;
2. The exact component for indexing for the first time in the calculation phase. The preliminary forecast is 5.8 percent;
3. If this amount is approved by the government, then pensioners will receive an increase of 725 rubles;
4. All working and non-working pensioners will receive a one-time payment of 5 thousand rubles.

Annual recalculation of pensions

Currently, recalculation of pensions in August is the only thing that able-bodied pensioners can count on.

For this recalculation, they do not need to take any actions - the pension fund will independently carry out all procedures based on the reports and documents received from the employer.

Pensioners can only wait patiently for the government to have extra money and finally index their pension.

Let's sum it up

In 2019, pensions for working pensioners were not indexed even by 4 percent.

There is no reason yet to count on the state indexing their pensions. Either earn normally so that the size of the pension no longer plays a role, or quit, receive the status of a non-working pensioner, and be content with an indexed pension.

Now all hopes are only for an annual adjustment of the size of their pensions, that is, the accrual of insurance points towards the pension for the year worked.

And as usual, I bring to your attention a short video about how the pension fund is deceiving you and me:

Rumors that pensioners will be prohibited from working in 2016 have been circulating since the very beginning of this year. To date, no regulations have been adopted that would deprive working pensioners of pensions. What was the reason for the speculation?

Pensioners will no longer receive pensions

In February 2015, Labor Minister M. Topilin announced that pensions would not be paid to those working pensioners whose annual income reaches a million rubles. This is not the largest part of the country's pensioners, however, the innovation could negatively affect more than 200 thousand people. To get into this category, you must have a monthly income of 83 thousand rubles (salary, pension, and other payments are taken into account here).

To date, the law abolishing the payment of pensions to working and pensioners receiving an income of more than a million rubles a year has not been adopted. This can happen only next year, that is, pensioners will be prohibited from working only from 2017.

Working pensioners will not have their pensions increased

In 2016, it is planned to increase pensions in February. Indexation is planned at 4%. But retirees who continue to work will most likely be left without this supplement. The government does not rule out a second indexation of pensions during 2016, but today it is impossible to talk about the amount of increase and whether pensions for working pensioners will be indexed in the second half of 2016. The 2016 budget does not provide for an increase in pension payments for those who continue to work.

Of course, the increase in pensions in 2016 by 4 percent will not compensate for the prevailing inflation in the country. Even the official inflation rate already reaches 12 percent, and the real one is even higher. Subject to economic growth, pensions in 2016 could be indexed by a total of 12%. This will not apply to working pensioners, because it is assumed that pensions are payments to those people who have lost their labor function. If a person continues to work, pension payments do not comply with the principles of social justice.