Having reached retirement age, a citizen is free to not work and has the right to declare this desire to the employer, without informing him in advance. The situation in which an employee who has reached retirement age is forcibly forced to vacate a position is unacceptable and entails consequences for the employer in the form of prosecutorial checks and judicial sanctions.
We repeat once again whether to quit or not, in this situation the employee decides. This decision should be made solely on a voluntary basis. The exception is staff reductions. In this case, future pensioners may exercise the right to an earlier retirement. The dismissal is possible only if the citizen has reached the age limit at which he does not have the right to perform labor duties. In any case, such a person is entitled to compensation payments upon retirement. It is about them that we will talk in this article.
What are the benefits associated with retirement?
Legislative norms fixed the types of payments due to citizens retiring for old age. Firstly, the so-called severance pay has a size that depends on the provisions of the legislation of the Russian Federation on labor and may be different for different categories of citizens. Moreover, it matters how long after the dismissal a citizen is registered at the employment center. The amount of benefits depends on the average monthly salary. The severance pay is paid on the day of dismissal, its size is the average salary for one month.
It is possible to receive payments upon dismissal upon retirement for the second and third months, provided that the citizen is not employed and is registered with the employment center. But pensioners may be denied payment for the second and third months if they receive a pension. Also, the employee receives payment for unused labor leave, which is calculated in accordance with the amount of unpaid compensation for the days worked this year. Some organizations pay compensation for the thirteenth salary, if it is provided for in an employment contract.
Federal Pension Law
For a clearer understanding of the procedure for calculating and making pension payments, it is necessary to clarify certain terms established in 173 Federal Laws. So, the length of service is the total duration of your labor activity, during which deductions were made to the FIU. A monthly payment designed to compensate employees for the wages paid to them during their work is called a retirement pension. Settlement capital is the total amount of money contributed to the FIU for the insured citizen. In addition, this concept includes the pension rights of citizens, expressed in a certain amount and received before the adoption of 173 Federal Laws.
These funds are subject to accounting in the manner prescribed by the government of the Russian Federation, and are the main point of reference when establishing insurance payments. An individual personal account allows you to save data on the amounts paid for the insured person, and also contains other information about the citizen necessary for identification with the FIU.The personal accounting system of the pension fund contains another special section, which contains information on the amount of the accumulative part of the pension, investment income and deductions made from the generated amount. This is the so-called special part of the personal account. What other benefits are required for retirement?
Payments from retirement savings
From the savings in the care of a pension fund or in a non-state fund, upon retirement, you can also receive the following payments: one-time payment of funds in full, monthly urgent pension payment, funded pension, one-time payment of funds by the successors of the deceased person.
Retirement benefit lump sum
This payment is made in case of disability registration of I, II, III groups and loss of breadwinner. You need to apply for it only if the listed types of pensions are already accrued. Another condition is the absence of insurance experience (upon reaching retirement age), and in addition, there is no way to calculate an individual pension coefficient.
Also, this payment is due to persons who are awarded a pension in accordance with the state pension provision, if they also have no insurance experience upon reaching the appropriate age and there is no possibility to calculate an individual pension coefficient. Pensioners, whose funded part is less than five percent of the old-age pension, can count on a lump-sum payment. For these insured citizens, insurance premiums were charged in a short period at the beginning of the two thousandth. If you have previously defined a funded pension, then you cannot apply for this payment. Citizens who receive a lump sum payment have the right to apply for it again five years after receiving the last time. This is confirmed by the Law on Labor Pensions in the Russian Federation.
Urgent payment of part of the savings
Citizens who have formed pension savings are entitled to urgent payments using additional contributions. Additional contributions refer to funds contributed in connection with the co-financing of pensions and family capital funds, as well as investment income. This payment is made every month and consists of part of the savings made from the above funds. The period can be chosen by yourself, but not less than ten years.
Cumulative part
What are the benefits of retirement? This question interests many. A funded pension exists in the form of certain amounts accumulated in an individual account. These amounts are formed from insurance premiums and investment income, accrued every month throughout the life of a pensioner. Citizens born in 1967 or earlier, for which the employer has been assessing contributions since 2014, can choose the preferred option for retirement benefits and form only the insurance part or both parts together. This is confirmed by the Law on Labor Pensions in the Russian Federation.
Citizens born in 1966 or earlier have the right to savings made in the form of voluntary contributions to co-finance pensions, and can also use maternity capital funds. If a citizen continues to work, insurance contributions form only the insurance part of the pension. The volume of the funded part is calculated based on the established payment period, which is 20 years. The amount is calculated by simply dividing the accumulated amount by the age of survival. The size of this part can be increased if you declare your desire to receive it later than this right comes. Suppose you turned to the FIU only three years later. In this case, the accumulated amount must be divided by 204 months, then it will naturally be larger.
Retirement benefits at the Ministry of Internal Affairs
Federal Law No. 247-ФЗ On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amending Certain Legislative Acts of the Russian Federation says that employees with a total service life of 20 years or more are required to pay a lump-sum allowance of 7 salaries, and employees with a total service life of less than 20 years upon dismissal are required to pay a lump sum in the amount of 2 salaries.
Payments to civil servants
What are the benefits for municipal employees upon retirement? Pension provision for civil servants implies the payment of a seniority pension and a certain increase. This is the share of the insurance or disability pension, if defined. It is determined by the average monthly salary at the time of termination of employment - 45% of the amount. This is possible if the term of employment is at least 15 years. It is also possible to receive an increase in pension in the amount of the monetary salary calculated over 10 years.
The list of privileges and benefits of retired civil servants is given below:
- Retention of all government guarantees.
- The right to receive medical care of the public servant and his family members.
- Compensation for unused vouchers.
- Reimbursement of burial expenses to relatives.
These are the benefits for retirement by civil servants.
Grounds for a lump sum payment of funds to the successors of the deceased
A citizen can establish in advance the assignees of their own pension savings, as well as determine the shares in which funds will be distributed between them. To indicate legal successors, you need to declare this to the appropriate pension fund, in which the funded part is located. The application shall indicate the list of successors and establish their shares. If the citizen did not have time to leave such orders, the next of kin are considered successors.
These include children, including adopted children. Then, the successors of the second stage, consisting of brothers, sisters, grandmothers and grandchildren, are considered. The size of the shares of the heirs shall be determined in equal parts. In the absence of relatives of the first stage, relatives of the second stage can count on receiving payments. Payments after the death of a citizen are made subject to certain conditions and in a specific order: if death has occurred before the time they were appointed.
If pension payments have been assigned, the balance of unpaid funds is paid. In the case of accrual to a citizen of a lump-sum payment of accumulations, it can also be received by relatives who lived with him, or by disabled citizens who were dependent on the deceased. To receive pension savings, successors must apply to the appropriate pension fund. This must be done within six months. Appeal in this case is possible with a personal visit, and at the post office, and you can also use the services of a representative.
Upon expiration
If you applied for payment after six months, then restoration of the term is possible only in court. Documents confirming kinship are submitted for processing the payment. More information about the list of documents presented can be found in the FIU or NPF. In this case, payments are required by law to the 20th day, in the month following the one in which the payment decision was made. It should be noted that the decision on payment is not made upon the fact of the appeal of the successors, but when the seventh month from the date of death expires. A copy of the administrative document on payment or refusal is sent to the assignee within five days from the moment the decision was made.Payment is made either through post offices or by transfer to a bank account at the option of the assignee.
We examined what are the benefits for retirement.