What types of pensions can pension lawyers help you arrange?
- Old age pension (including for persons arriving from the former republics of the USSR)
- Early retirement for teachers
- Early retirement for medical workers
- Early pension for persons who worked in production, work provided for in lists 1 and 2
- Early pension for civil aviation workers
- Early pension for military personnel, police officers, penitentiary system employees, fire services
- Early pension for persons who worked in the regions of the far north and areas equivalent to these regions
- Disability pension
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In June of this year I turned 55 years old and I went to apply for a pension myself, but I discovered that in practice much still remains unclear. They assigned me a pension of almost 400 rubles. less than I hoped! So I decided to contact your lawyer with a request to double-check the correctness of its accrual. To do this, I provide data taken from the pension department certificate. Ha 01.1991 they counted me 13 full years of experience, and as of January 1, 2002 it turned out to be 24 years. Since I continued to work and earned quite decent money, by the day my pension was assigned, I had 496,740 rubles in my personal account. insurance premiums and plus 5135 rubles. accumulative. I will add that in 2000-2001. my average salary was 2142.30 rubles, so an employee of the pension department advised me to take them as a basis. Please double-check the size of my pension.
LET'S START WITH A GENERAL FORMULA The old-age labor pension (I will denote it by the symbol P) is determined by a single formula: P = FBI + SC1 + SC2 + SV + LF FBI is a fixed basic pension amount, which is set by the state in a fixed amount, the same for each category of pensioners . SCH1 is the insurance part of the pension, which is calculated from the length of service and earnings for the period of work until 2002. SCH2 is the insurance part of the pension, which is calculated from the amounts of the employer's insurance contributions for the period of work from 2002 to the date of assignment of the pension. SV is the amount of valorization, which is determined as a percentage of SP1. The percentage depends on the number of full years of service before 1991. NC is the funded part of the pension, which is calculated from the amount of funded contributions available in the person’s account on the date of assignment of his pension. LET'S PROCEED TO THE CALCULATION Let me clarify that the pension is calculated separately for periods of work before January 1, 2002 and after January 1, 2002. Now let's check whether the reader's pension amount was correctly determined when assigned in June 2014. The first term in the formula does not need to be counted. After the last indexation of labor pensions in April 2014, the fixed base amount (FBR) of labor pensions for all ordinary pensioners was set at RUB 3,910.34. Next, let's calculate the remaining components from the formula. Let's start with the indicator SCH1, taking into account the length of service and earnings of the reader Konovalova for the period of her work until 2002. EXPERIENCE COEFFICIENT AND EARNING RATIO To do this, we first determine the experience coefficient (SC). SC = 0.55 (for 20 full years of work with a woman before 2002) + 0.04 (0.01 each for 4 years of Konovalova’s work over 20 years) = 0.59. Now let’s determine the ratio of the average monthly salary of a reader to the average salary in the country for the same period. According to statistics, the average salary (salary) in Russia for 2000-2001. was 1494.50 rubles. Then it turns out that the ratio of earnings (ZR) to the average salary in the country (ZP) for the same period is: ZR: ZP = 2142.30 rubles: 1494.50 rubles. = 1.43. As you can see, the reader’s salary ratio is favorable. It is higher than the maximum legally possible ratio for work under normal conditions - 1.2. Therefore, this limitation was applied in the calculations. I note that an exception is made in the law only for “northerners”. For them, this ratio in the amount of pension may be higher - from 1.4 to 1.9 (depending on the work in which region of the North the pension is awarded).
- § Art. 30 of the Federal Law “On Labor Pensions in the Russian Federation”
If in 2000-2001. for some reason the person did not work at all or his average salary for these 2 years was less than 1,794 rubles. (RUB 1,494.50 x 1.2). In this case, it is better to provide a certificate of salary for any 60 consecutive months according to the work book for the period before 2002. To determine which 5 years (60 months) are the most profitable, the client service of the pension department will help you using the tables of average salaries in the USSR and the Russian Federation for 1945-2001 INSURANCE PART OF PENSION AS OF 1.01. 2002. I note that the Government of the Russian Federation, for calculating pension capital as of January 1, 2002, established the average monthly salary in the Russian Federation, the same for everyone - 1671 rubles. The size of SCH1 as of January 1, 2002 is calculated using the formula : SCH1 = SK x (ZR: ZP) x 1671 rubles - 450 rubles. 450 rub. - this is the base part of the old-age labor pension established in a fixed amount as of January 1, 2002 (the amount is the same for all pensioners). The size of SCH1 as of January 1, 2002 for reader Konovalova will be equal to: (0.59 x 1.2 x 1671 rubles) - 450 rubles. = 733.07 rub. INSURANCE PART AS OF THE DATE OF ASSIGNMENT OF THE PENSION Next, we will determine the account number 1 as of the date of assignment of the pension (June 2014). To do this, we increase the amount of SP1 obtained as of January 1, 2002 by all pension indexation coefficients from 2002 to 2014. Their value was established annually by the Government and Pension Funds of the Russian Federation. The product of all these indexation coefficients for this period was 5.6. SCH1 on the date of pension assignment : 733.07 rubles. x 5.6 = 4105.19 rub. INCREASE FROM ACCRUED CONTRIBUTIONS To calculate it, the insurance contributions accrued to the employee from January 1, 2002 until the date of assignment of the pension must be divided by the number of months of the expected period of pension payment (T). The size of T depends on the year the labor pension was assigned. For the purpose of pensions in 2014, it is set at 228 months. From the letter we know that the amount of the reader’s insurance contributions as of the date of her pension was 496,740 rubles. SCH2 = 496,740 rubles: 228 months. = 2178.68 rub. AMOUNT OF VALORIZATION Knowing SCH1, we can now determine the amount of valorization (SV). First, let’s calculate the percentage of valorization of the reader’s pension: 10% (for the fact that she has experience before 2002) + 13% (1% for each of the 13 full years of experience before 1991) = 23% (or 0 ,23). Next, we determine the amount of valorization: SV = 4105.19 rubles. (size SC1) x 0.23 = 944.19 rubles LET'S SUM UP By adding up all four amounts received, we get the size of the pension of our reader Konovalova without taking into account savings contributions: P = 3910.34 rubles + 4105.19 rubles + 2178.68 rubles + 944.19 rub. = 11,138.40 rub. WHAT IS THE CUMULATIVE INCREASE And now we will determine the right of our reader to assign her a cumulative part of the LF. To be eligible for this, the following condition must be met: if the size of the NC is less than 5% of the total pension, then the NC for the pension is not established. Let me explain that starting from January 1, 2002, employers pay contributions to the Pension Fund at the established rates:
- for the insurance part of the pension - to all citizens working for them;
- for funded pension - to all employees born in 1967 and younger;
- for the funded part for women born in 1957. and younger, men born in 1953 and younger, working in 2002-2004. (since 2005, the accrual of savings contributions for citizens of this age has been abolished).
Our reader was born in 1959. The amount of her funded contributions for the period of work in 2002-2004. — 5135 rub. The size of the accumulative part upon appointment was: LF = 5135 rubles: 228 months = 22.52 rubles. 228 months is an indicator of the expected period for payment of the funded part, approved by the Government of the Russian Federation for the period 2013-2015. Since the size of the LF in N.I. Konovalova received less than 5% of the total amount of her pension, then this part of the pension is not established for her. Thus, upon reaching 55 years of age in June 2014, reader Konovalova should have been assigned a pension in the amount of 11,138.40 rubles, and her pension savings - 5,135 rubles. she can receive upon application in the form of a lump sum payment.
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Pension lawyer
As practice shows, the Pension Fund refuses citizens to receive a preferential pension for several reasons.
This may be the absence of:
- archival documents
- some information
- required number of years of preferential service
Today the preferential length of service does not include:
- study holidays
- Military service
- Holiday to care for the child
Also, some professions that were previously considered preferential may currently not be included in the category of such.
All of the above cases, along with some others, are grounds for legal action against the Pension Fund, and the advice of a pension lawyer who specializes in such issues will be an invaluable option.
The Professional Law Office offers assistance from qualified pension lawyers, thanks to whom you can receive legal benefits starting from the date of filing your application.
WHAT DO WE OFFER?
- drawing up a claim - we will draw up a document based on legal norms
- representation of the client’s interests in court - includes protection and support of clients in all judicial instances, until a positive result is obtained in the case
- help online
Pension Lawyer
“I want to get a pension, but they tell me that the length of service does not include several entries from the work book...”
“They were supposed to grant an early retirement pension, but then they refused...”
“My profession is not in the qualification directory of the Pension Fund...”
“I have errors in my pension documents...”
Our lawyers have won many cases in disputes with the Pension Fund and in the courts. Come for help!
These and many other questions related to the assignment of an old-age labor pension are received quite often. The pension fund more often refuses than satisfies the demands of citizens on legal grounds.
Therefore, YOU WILL HAVE TO GO TO COURT. A court decision on your issue will help you receive a labor pension in the amount that is due to you by law. Even if the pension fund inspector said: “You still won’t prove anything!” In fact, it can be proven. And you need to prove it! This is your money, your earned pension.
Errors in last name, first name or patronymic. Incorrect entries in the work book
Such errors can be corrected in court. The simplicity or complexity of a legal case depends on the availability of documents proving the disputed circumstances.
What to do:
- collect all the documents related to this issue (if you don’t know yourself, call and check with our specialists about the documents (everyone has different ones).
- Then you need to go to the legal consultation office at the addresses below and ask to draw up a statement of claim in court.
Refusal to grant early retirement pension
Such failures occur most often in two cases:
- in case of illegal refusals of the Pension Fund;
- due to failure to provide documents by the Applicant (lack of documents confirming work experience, or incorrect entries in the work book; lack of transfers of contributions to the Pension Fund by your employer, etc.).
Some situations can be resolved if you go collect the necessary documents. In difficult cases, you will have to go to court.
The working period is not included in the length of service
The pension fund quite often refuses to include the period of work in the length of service for granting a pension. These can be various circumstances: lack of information in the Pension Fund, incorrect entries in the work book, unreadable seal, doubts about the length of the working day during a disputed period, etc. As they say, just give a reason... Most problems can be resolved, and out of court. If it is not possible to prove the accuracy of the information based on archival data, you will have to go to court.
Judicial practice on the appointment of early retirement pension
We had such a thing. Citizen N. appealed to the Pension Fund with an application for the early assignment of a labor pension to her in connection with her work under difficult working conditions. The pension fund refused to grant a pension because citizen N. had not developed the necessary special experience that would give her the right to early retirement. The PF refused to include part of the length of service in the calculation. When proving the rightness of the citizen who applied, the lawyer used regulatory documents proving the need to include all periods of work in the Applicant’s length of service for calculating the pension. As a result, the court decided to include 10.5 years of service in the counting period for the appointment of an early pension.
All judicial and even non-judicial cases are different and not alike. Therefore, we can promise an individual, thorough approach to resolving your case. Lawyers and advocates have more than 20 years of experience.
Guarantees
We provide the services of lawyers and advocates, solving pension issues for more than 20 years. Our services have been certified by the St. Petersburg Certification Center “Petersburg Quality Mark”. Legal received the service quality mark.
Which category of citizens most often have problems?
The experience of our lawyers shows that problems with assigning early pensions most often arise in the following categories of citizens:
- teachers
- doctors
- persons who work in harmful and difficult conditions
- persons working in civil aviation
- citizens working in the Far North
There are not so many reasons for refusal; the main ones include:
- exclusion of certain periods from the length of service
- inconsistencies in documentation
- failure to comply with working time standards
If you need a qualified pension lawyer/advocate, the Professional law office offers legal assistance at competitive prices in Khimki, Moscow and the entire Moscow region.
What types of services do pension lawyers provide?
When circumstances such as the loss of a breadwinner or recalculation of a pension arise, the participation of a competent consultant is required who can clearly and clearly explain the intricacies of pension legislation in accessible language. The activities of a lawyer include:
- preparation and collection of documentation for the assignment of a labor pension
- representation and protection of interests at enterprises and government institutions
- conducting cases in courts
- assistance in drawing up a statement of claim and filing it in court
- monitoring the execution of the judge’s decision in disputes related to the early assignment of a pension for health reasons
- preparation of complaints and appeals to the pension fund of the Russian Federation
If you are faced with a violation of legal rights regarding the assignment of a pension, lawyers registered with Yuda are always ready to help. Qualified pension lawyers will help solve problems if work experience is not counted for unreasonable reasons or the size of a preferential pension is unfairly reduced. An attorney will provide advice to clarify your civil rights and will immediately take all measures aimed at collecting the money owed by law.
Specialists registered with Yuda will provide you with the following services:
- carrying out legal examination of documents
- thinking through tactics and strategies for conducting a case in the courts
- resolving a controversial situation without going to court or the prosecutor's office
- collection of evidence
- representation in court and PFRF
If the judge does not rule in your favor, the pension lawyer will be able to appeal the decision and will seek a fair outcome. The lawyer will carefully study the documents you have, outline the prospects of the case and notify you of possible risks.
If you have received an unreasonable refusal to grant a pension upon reaching age, a specialist registered with YouDo will conduct a thorough analysis of the current situation and think through a strategy of action.
For pensioners who are disabled, consultants will help in the procedure for obtaining a social pension for health reasons. The lawyer will explain the conditions for granting a pension and possible reasons for refusal. If you have a disability group and want to receive benefits and other monetary benefits provided for by federal laws, a pension lawyer will explain the procedure for providing payments and provide assistance in obtaining benefits.
