How to get the insurance part of the pension at a time?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In accordance with the current NPA (regulatory legal act), every citizen, subject to certain conditions, has the right to receive pension payments. They are carried out including at the expense of funds constituting the insurance part of pension contributions. In recent years, legislation in this area is undergoing constant changes. As a result, there are more and more ambiguities among citizens. Recently, for people who have reached a certain age, the question of how to receive the insurance part of the pension at a time becomes more and more urgent. It is often confused with cumulative.

To figure out whether it is possible to receive the insurance part of the pension, and how to do it, it is worth considering how it is formed in general, and when payments are assigned. This will be discussed in this article.

From what funds is the pension paid?

Simultaneously with the achievement of retirement age (early retirement can also be included here) a personacquires the right to accrue monthly payments to him, the source of which are:

• means of the insurance part;
• accumulative funds;
• fixed payment from PF funds.

At the same time, the possibility of forming pension payments from accumulated funds is provided only for citizens who, by the time they retire, have accumulated funds in their individual account, i.e. during the period of employment, the employer or the employee himself had to make certain contributions. Only in this case, the question of how to receive a lump sum payment of the insurance part of the pension will be relevant.

General requirements for recipients

FZ No. 400 provides for the following types of insurance pension:

• for old age - assigned to citizens when they go on a well-deserved rest;
• on disability - established for citizens who, in accordance with the conclusion of the medical and social examination, have been assigned one of the existing disability groups, including for citizens with an indefinite group;
• for the loss of a breadwinner - assigned to disabled dependents who have lost a family member, on whose support such citizens were until his death.

Where to get the insurance part of the pension, as well as who and in what cases can count on it, depends on the type of payment. On the basis of the same law, the general conditions for the appointment of a payment are determined, which are mandatory for each type of payment. Article 4 refers to persons having commongrounds for receiving an insurance pension. These include the presence of citizenship of the Russian Federation and an individual insurance account opened in the name of a citizen. In addition to Russian citizens, foreigners and stateless persons can count on it, provided that the latter live on the territory of the Russian state.

Insurance old-age pension

Before the introduction of the latest changes, the right to receive payments upon reaching retirement age arose: for women - from fifty-five years old, for men - from sixty. Due to recent changes in legislation, the age has been increased to 60 and 65 years respectively.

At the same time, the period of insurance experience necessary for the appointment of a pension is fifteen years, and the required amount of IPC is thirty.

It is important to note the following points that are relevant today:

• increased retirement age is not valid for all categories of citizens, since the pension reform adopted by the Government of the Russian Federation provides for a gradual transition of Russians to the new system;
• still retains the right of certain categories of persons, allowing early retirement (for example, on the basis of length of service), this category of persons often has the question of how to receive the insurance part of the pension for a working pensioner, since after receiving the length of service people continue to exercise labor activity;
• as of 2018, the required length of service is nine years, the required valueIPK - 13, 8.

Such reliefs are associated with the gradual transition of the current pension system to a new level, the full completion of which is planned no earlier than 2025.

Assignment of disability payments

How to get the insurance part of the disability pension and in what cases can you count on it? When assigning this type of payment, a prerequisite is the following: recognition of a citizen as a disabled person, regardless of the group established for him and the reason for its assignment.

At the same time, a citizen who does not have a seniority pension at the time of applying for a seniority pension is assigned social disability pension. The main differences between these types of pensions are in the amount of the assigned monthly payment and the frequency of its indexation, in connection with which citizens who worked before the onset of disability have clear advantages over non-working disabled people. This advantage lies in the presence of seniority and insurance premiums deducted during the period of employment.

Assignment of survivor benefits

Can I get the insurance part of the pension of the deceased? In the case of the appointment of this type of payment, the status of the person applying for its appointment is taken into account. In this connection, only disabled dependents of the deceased citizen from among the members of his family are vested with such a right. At the same time, a dependent who has committed an act in relation to his breadwinner, provided for by the Criminal Code of the Russian Federation, which entailed himdeath. The recognition of a citizen as missing in court is considered as the loss of a breadwinner and entails the same legal consequences as his death.

At the same time, the law indicates that the appointment of this type of pension is made regardless of the length of service of the deceased breadwinner, and in its absence, the dependent has the right to count on the appointment of a social pension.

Procedure for calculating and paying the insurance pension

Federal law does not limit the time of persons en titled to apply for the purpose of such payment. They have the opportunity to apply at any time after the right has arisen. How to get the insurance part of the pension?

Subject to compliance with the mandatory requirements, based on a written application, the calculation of the amount of the payment payable monthly is made. This is the main way to get the insurance part of your pension.

An individual coefficient (IPC) and its cost (CPC) are used for calculation. Based on these indicators, the calculation formula is as follows:

Insurance pension=IPCSPC + PV (fixed payment).

At the beginning of the current year, the current values of the cost of a pension point and a fixed payment amounted to 81.49 rubles and 4982.90 rubles, respectively. In turn, the number of points depends on the pensioner's seniority and the amount of insurance premiums transferred by his employers.

Fixed payment provided as an additional payment to the amount of the accrued pension, as well as the amount of the costindividual pension coefficient indexed annually by the state.

Timing dates

Depending on the type, the terms and methods of how to receive the insurance part of the pension are somewhat different. Art. 22 of the Federal Law No. 400 provides for the following payment periods:

1. If the basis for assigning pension accruals is age, payments are established for an indefinite period, that is, indefinitely.
2. For the disabled, a pension is assigned for a period established by the medical and social examination. If this period is not defined, a citizen has the right, upon reaching retirement age, to apply for the appointment of old-age payments and choose one of the types provided for by law.
3. The duration of the payment of the survivor's insurance pension is equal to the period during which the recipient is considered disabled, and if there are grounds, the pension is granted indefinitely.

Is it possible to get the insurance part of the military pension?

Not so long ago, representatives of law enforcement agencies, receiving length of service, went on a well-deserved rest and were en titled to only one state payment provided for by law. Upon reaching retirement age, according to the general rules, they could re-register their military pension for a civil one, but they were not en titled to claim two payments at once. Later, the Constitutional Court of the Russian Federation recognized this provision as unlawful. Since 2008, if the conditions stipulated by law are met, military personnel upon reachingof retirement age are en titled to additional payments. The required experience has been taken into account since 2007. The ways to receive the insurance part of the pension to a pensioner of law enforcement agencies are no different from civilian ones. Action is being taken on the basis of Federal Law No. 400.

How to get the insurance part of the pension at a time?

Does the current legislation generally allow claiming such a payment? A detailed study of the provisions of the current law "On Insurance Pensions" shows that insurance pension coverage excludes the possibility of a one-time receipt of insurance premiums deducted during the period of employment. Such a possibility, if there are grounds established by law, is provided only within the framework of the funded system. The same applies to the question of how to receive the insurance part of the pension after the death of the testator. Successors in certain situations are en titled to receive it.

The concept of a funded pension, methods of its formation and the procedure for assigning it

There is a special part in the personal account of the insured person, which takes into account the contributions deducted to the funded part of the pension.

The system of pension provision at the expense of additional funds of citizens started in 2002 and currently continues to exist. A significant difference between the original system and the current one is in the order of formation of savings, in particular, the list offunds that are the source of such savings.

Today, the funded pension is formed at the expense of funds voluntarily transferred by the insured person, as well as funds allocated by the state to recipients of maternity capital certificates. In addition, the composition of the future pension includes the profit received by the NPF as a result of investing the savings contributions of citizens.

The general grounds for granting funded pensions are the same as the general grounds for granting insurance types of pensions. An additional requirement is the following: the presence on the account of the insured person of funds accumulated during the period of employment. A funded pension is the own funds of each individual citizen, the right to receive which arises subject to the conditions established by the Federal Law "On Funded Pension" (No. 424-FZ of December 28, 2013). These include the following:

• reaching the age of retirement, including persons eligible for early retirement benefits;
• A citizen has accumulated funds in excess of five percent of the calculated amount of the insurance pension, taking into account the additional fixed payment.

Subject to these conditions, a citizen going on a well-deserved rest has the right to apply for a funded pension, regardless of whether he has been assigned other types of pension payments or not.

The amount of payments thatwill be made from the savings of a pensioner, is calculated by the formula: funded pension=pension savings of a citizen: the number of months in which the payment of funds is expected.

Thus, monthly payments to the basic pension from the funds accumulated during life are good financial support for retired citizens.

One-time payment of accumulated funds

The procedure for paying out funds accumulated by a citizen provides for several options that allow you to receive funds in parts or at a time:

• Urgent payments involve monthly payment of the funded part during the period of time chosen by the pensioner. In this case, the minimum payment period cannot be less than ten years. In the event of the death of the recipient, the balance of funds is inherited by his successors in accordance with the lifetime order of the testator or in the manner prescribed by the civil legislation of the Russian Federation.
• An indefinite pension is possible if there are sufficient funds on the pensioner's account to assign it. In this case, after the appointment of a pension, the balance is not inherited.
• Article 6 of the Federal Law "On Funded Pension" allows for a one-time receipt of accumulated funds, provided that their amount is insignificant (less than five percent) in comparison with the calculated amount of the old-age insurance pension, taking into account a fixed payment.
• One-time payment of the funds accumulated by the insured person is possible in the order of inheritance. At the same time, the amount of funds of the parent is deducted from the inherited amount.capital and income from investment savings contributions. The first amount is returned to the state, the second remains at the disposal of the NPF (insurer, management company).

These provisions do not apply to the question of how to receive an insurance pension. You can count on a lump sum payment only from the funded part.

Conclusion

Summing up the available opportunities, the answer to the question of how to receive the insurance part of a pension for a pensioner is as follows: it is possible to return the contributions paid during the period of employment only within the framework of voluntary pension provision, which provides for the periodic deduction of earned funds to the funded part.