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Published: 03/17/2016
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Military personnel, due to their professional activities, often become pensioners much earlier than ordinary citizens.
A completely young man or woman, having served a certain number of years, which is called length of service, has the right to a pension under special conditions. And their calculation of pensions differs from civil ones. Let's talk about this in more detail.
- Who is eligible?
- Conditions for granting a long service pension For military personnel
- For cosmonauts, pilots and testers they are citizens of the Russian Federation
- Example 1
What is length of service
It is known from the legal literature that this term refers to a certain period of work in one field. This time period is different for each industry. For military personnel, it is isolated from other professions related to civilian life.
The length of service affects many rights and social guarantees. For example, for a military personnel the following depends on the length of service:
- salary supplement;
- special conditions for retirement;
- solving the housing problem;
- receiving social support in the form of health improvement.
According to the general rule, all periods of service are counted according to the calendar type. The exception is service under special conditions, which is calculated in preferential terms. Serving in the Far North counts 1 month as 2. On the contrary, 1 year of study is included in the length of service as 6 months in the Armed Forces.
What military pensions are there?
Today, military personnel have the opportunity to count on the following pension accruals:
- disability pension - if a person serving in the Armed Forces of the Russian Federation develops an illness or is injured;
- long-service pension – upon reaching the minimum service period;
- insurance pension upon reaching old age - in case of continuing work after dismissal from the Armed Forces and acquiring the required length of service within the legally defined minimum framework.
Legislative regulation of the issue
The government has developed and implemented many laws on length of service in all sectors. But if we take into account directly people in military uniform, then for them there are the following individual standards:
- Federal Law No. 166 of 2001, which explains the concept of “length of service” in the context of pension provision and establishes the right to a pension for long service.
- Federal Law “On financial support for military personnel” of 2011. This legal act is a mechanism for receiving an additional monthly bonus for long service.
- Federal Law No. 992 “On the establishment of salaries for military personnel performing military service under a contract,” which regulates the issue of financial support for all contract military personnel.
- Order of the Ministry of Defense of the Russian Federation, which clearly states the rules for calculating the allowance, as well as the conditions themselves, according to which the circle of military personnel applying for additional monthly financial assistance is determined.
All standards are revised almost annually to improve the provision of military personnel
Documents for registration
To process payments to commissioned persons, it is necessary to prepare the following package of documents for subsequent submission to the Pension Fund of the Russian Ministry of Defense:
- a valid passport of a citizen of the Russian Federation;
- military ID;
- a certificate of disability, which was received on the basis of a passed commission of the federal medical and social examination body;
- conclusion of the military medical commission, which establishes the category of disability in accordance with the conditions of the injury received;
- any other documents that can further confirm the right to receive payments.
Soldiers who served in military service must pass all the specified commissions - medical, social and military medical - in order to receive the appropriate certificates. In this case, documents are submitted to the Russian Pension Fund. Such a disabled person receives government payments from the Federal budget.
Who benefits apply to?
If we consider professional affiliation in the issue of benefits for length of service in the context of pension content and determining the right to a pension, then the following citizens are entitled to them:
- civil servants of the federal civil service;
- military personnel of all branches of the military;
- astronauts;
- test pilots.
Length of service is not always calculated in calendar terms. There are a number of unusual cases when a serviceman’s length of service is determined according to special calculations.
What is preferential calculation
There is also such a thing as “preferential calculation of length of service.” It means that certain periods of service can be included in the length of service on a preferential basis. These individual cases are enshrined in law.
These include service in the following departments:
- Flight trains.
- Related to skydiving.
- While at sea.
- Periods of command of the listed units, subject to service outside the Russian Federation.
For reference! If a citizen moves to a new place of service, the accumulated length of service remains with him. In order to calculate the existing length of service, it is necessary to add up the periods of work in different structures.
It also influences the calculation of length of service and place of service. If a serviceman took part in a combat mission or served at a time when a state of emergency was established in a certain area, then a special calculation is applied to this person.
For example, such military personnel are those who took an active part in counterterrorism operations in the North Caucasus.
The formula for calculating the length of service for these individuals is such that each month of service triples. Accordingly, the calculation of pensions for military personnel classified as persons who have been in special conditions will be made 1:3.
Government regulations of the Russian Federation indicate the existence of other cases when the calculation of length of service must be made using a preferential method of determination.
A preferential right to seniority can be used by a soldier who is serving and lives in a region with a climate unfavorable for the human body. These include the Far North, as well as other regions of our country equated to this region.
Important! If a military retiree resumes his activities in the profession, then this preferential payment will no longer be available. But after dismissal, the payment will be recalculated and resumed. In this case, an increase will be applied for each year of service.
Disability pension
For disability, a military pensioner receives a monetary allowance if a group is assigned during the period of service in the Armed Forces and a three-month period after leaving the reserve. For each group a certain percentage of DD is assigned:
- I and II (assigned due to wounds and trauma) – 85%, III – 50%;
- I and II (obtained due to illness) – 75%, III – 40%.
You can calculate how much the pension will be using the formula: DD × percentage of DD for disability × PC
To assign a disability pension to the Military Commissariat, it is necessary to submit a certificate from the place of active service and with the results of the Military Medical Commission or MSA (medical and sanitary examination).
Subtypes of disability pensions for military personnel and persons equivalent to them in terms of pension provision
The disability pension is paid during the validity period of the certificate. If it is not indefinite, when the disability group changes, the DD is recalculated.
How is it used when assigning a pension?
To resolve this issue, there is a separate legal act Federal Law No. 4468-1. According to this standard, a military serviceman is entitled to a pension for long service only if certain conditions are met.
These conditions include:
- Have at least 20 years of military experience.
- Having mixed experience according to the principle: employee’s age is at least 45 years, total experience is 25 years, military experience is 12.5 years.
- The dismissal of a serviceman is associated with reaching the retirement age limit.
- Termination of labor activity occurred due to health reasons of the military man.
- The dismissal is due to staff reorganization.
The rules for calculating length of service in the case of a preferential treatment during this period include:
Increasing length of service for military personnel
- Years of military service.
- Work in government agencies and civilian organizations (provided you remain enrolled in military service).
- Time spent in captivity. On the condition that the serviceman has not committed a crime against his country.
- In case of unjustified prosecution, which was accompanied by detention, the time of serving the sentence.
- The period of imprisonment in the event of repression, followed by rehabilitation.
- Time of training preceding entry into service, but not more than 5 years.
- Time of treatment and rehabilitation after injury or occupational illness.
- Appointment to an elected position.
- In case of illegal dismissal, recognized as such by a court decision, the entire period of suspension from service.
Attention! Time spent in hot spots or as responders at accident and disaster sites is selected for inclusion in the length of service separately.
Will there be any innovations?
The increase in the retirement age affected the civilian population back in 2020, which was perceived very negatively by the masses. This is where rumors began about a similar condition for military personnel. Will the retirement age for military personnel be increased? Indeed, a bill on extending the service life for retirement was submitted to the State Duma back in 2016.
Based on crisis management, deputies are increasing the “military experience” from 20 to 25 years. The issue of reducing the costs of the Ministry of Defense funding military retirees is also being considered. At the moment, the law is at the stage of examination and approval, but it already has both its supporters and opponents.
Changes associated with increasing length of service have real reasons:
- modernization of the weapons system, change in tactics and strategies for conducting military operations (which requires longer training and education of soldiers);
- ensuring continuity among officers (the Ministry of Defense is interested in ensuring that before sending officers to retirement there is a candidate worthy and trained for the position);
- an increase in life expectancy, therefore, an extension of its active phase (today there has been a tendency for officers to retire who are able to repay their debt to the Motherland for many more years);
- budget deficit (innovations should make the distribution of funds more rational and expedient).
However, at the moment there has been no official statement from the authorities regarding raising the retirement age of the military. Assumptions about such a turn of events are based on a comprehensive reform of the compulsory pension insurance system (MPI).
How does it affect the salary allowance?
Additional payment for length of service, taking into account the individual algorithm for calculating length of service, is the responsibility of local and regional budgets. Some payments are also covered by the federal budget. Payments made are controlled by a government special commission.
Commercial military organizations, in their activities when forming a remuneration mechanism, can assign such an increase for length of service, but this is only a recommendation, not an obligation. This is a significant difference between the budgetary structures of the Armed Forces and commercial organizations.
The bonus for length of service is calculated as a percentage of the DD of the assigned salary. Its size directly depends on the length of service in a particular structure or in conjunction with other organizations, but also in a military profile.
According to the law, the calculation is made according to the following principle shown in the table:
Service life, years | Percentage of bonus for length of service,% |
2-5 | 10 |
5-10 | 15 |
10-15 | 20 |
15-20 | 25 |
20-25 | 30 |
Over 25 | 40 |
The indicated percentage increases are included in the salary. In this case, a regional coefficient can also be added to the final amount if it is enshrined in budget regulations.
You should know! The allowance is treated as cash compensation and is therefore also subject to income tax, which can be calculated using the standard tax deduction formula.
Calculating the length of service of a military personnel can be done using an online length of service calculator.
How to apply for disability for a military pensioner
The correct algorithm would be:
- 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.
- You need to write an application to the territorial office of the Pension Fund of Russia to conduct a Medical and Social Examination (MSE).
- 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:
- 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.
- 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.
- 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.
- 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).