Regulations on the funded part of the pension. Federal Law on funded pension: main provisions of the law, size

RUSSIAN FEDERATION

THE FEDERAL LAW

About funded pension

Document with changes made:
Federal Law of May 23, 2016 N 143-FZ (Official Internet portal of legal information www.pravo.gov.ru, May 23, 2016, N 0001201605230052) (came into force on January 1, 2017);
(Official Internet portal of legal information www.pravo.gov.ru, 03/07/2018, N 0001201803070037);
(Official Internet portal of legal information www.pravo.gov.ru, 07/30/2018, N 0001201807300061) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 10/03/2018, N 0001201810030028) (for the procedure for entry into force, see).
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Article 1. Purpose and subject of regulation of this Federal Law

This Federal Law, in accordance with the Constitution of the Russian Federation, establishes the grounds for acquiring and the procedure for exercising the right of insured persons to a funded pension.

Article 2. Legislation of the Russian Federation on funded pensions

1. The legislation of the Russian Federation on funded pensions consists of this Federal Law, Federal Law of July 16, 1999 N 165-FZ "On the Basics of Compulsory Social Insurance", Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in Russian Federation", Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund", Federal Law of May 7, 1998 N 75-FZ " On non-state pension funds", Federal Law of November 30, 2011 N 360-FZ "On the procedure for financing payments from pension savings", Federal Law of April 1, 1996 N 27-FZ "On individual (personalized) accounting in the mandatory system pension insurance", Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance funded pensions in the Russian Federation", other federal laws and regulatory legal acts of the Russian Federation adopted in accordance with them.

2. In the cases provided for by this Federal Law, the Government of the Russian Federation determines the procedure for exercising the right of persons insured in accordance with Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation” to a funded pension. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications may be issued in the manner determined by the Government of the Russian Federation.

3. In cases where an international treaty of the Russian Federation establishes rules other than the rules provided for by this Federal Law, the rules of the international treaty of the Russian Federation apply.

Article 3. Basic concepts used in this Federal Law

1. For the purposes of this Federal Law, the following basic concepts apply:

1) funded pension - a monthly cash payment in order to compensate insured persons for wages and other payments and rewards lost by them due to the onset of incapacity due to old age, calculated based on the amount of pension savings accounted for in a special part of the individual personal account of the insured person or on pension account of the insured person's funded pension, as of the day the funded pension was assigned;

2) establishment of a funded pension - assignment of a funded pension and adjustment of its size;

3) pension savings funds - the totality of funds accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension, formed from received insurance contributions to finance the funded pension, as well as the result of their investment, additional insurance contributions for the funded pension , employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings, as well as the result of their investment and funds (part of the funds) of maternal (family) capital aimed at forming a funded pension, as well as the result of their investment;

4) the expected period of payment of a funded pension - an indicator calculated on the basis of data from the federal executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and used to determine the size of a funded pension.
(Clause as amended, entered into force on July 30, 2018 by Federal Law of July 29, 2018 N 272-FZ.

2. Other concepts and terms are used in this Federal Law in the meanings in which they are used to regulate the relevant relations in the Federal Law of April 1, 1996 N 27-FZ "On individual (personalized) accounting in the compulsory pension insurance system", Federal Law of May 7, 1998 N 75-FZ "On Non-State Pension Funds", Federal Law of July 16, 1999 N 165-FZ "On the Basics of Compulsory Social Insurance", Federal Law of December 15, 2001 N 167-FZ "On Compulsory pension insurance in the Russian Federation", Federal Law of July 24, 2002 N 111-FZ "On investing funds to finance funded pensions in the Russian Federation", Federal Law of December 29, 2006 N 256-FZ "On additional measures of state support for families, with children", Federal Law of April 30, 2008 N 56-FZ "On additional insurance contributions for funded pensions and state support for the formation of pension savings", Federal Law of November 30, 2011 N 360-FZ "On the procedure for financing payments from funds pension savings" and the Federal Law "On Insurance Pensions".

Article 4. Persons entitled to a funded pension

1. Citizens of the Russian Federation who are insured in accordance with Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation” have the right to a funded pension, if they have pension savings accounted for in a special part of the individual personal account of the insured person or on the pension account of the insured person's funded pension, subject to their compliance with the conditions provided for by this Federal Law.

2. Foreign citizens and stateless persons permanently residing in the Russian Federation, subject to their compliance with the conditions provided for by this Federal Law, have the right to a funded pension on an equal basis with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.

Article 5. Financial support for payment of funded pension

1. The procedure for financial support for the payment of funded pensions is determined by Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation” and.

2. Guarantees of safety of pension savings funds when assigning and making payment of a funded pension are determined by the Federal Law “On guaranteeing the rights of insured persons in the compulsory pension insurance system of the Russian Federation when forming and investing pension savings funds, establishing and making payments from pension savings funds.”

Article 6. Conditions for assigning a funded pension

1. Insured persons have the right to a funded pension: men who have reached the age of 60 years, and women who have reached the age of 55 years, subject to the conditions for the assignment of an old-age insurance pension established (the presence of the required insurance period and the established value of the individual pension coefficient).

2. The insured persons specified in Part 1 of Article 30, Article 31, Part 1 of Article 32, Part 2 of Article 33 of the Federal Law "On Insurance Pensions" are assigned a funded pension upon reaching age or reaching the deadline determined in accordance with the Federal Law "On Insurance Pensions". insurance pensions" as of December 31, 2018, and subject to the conditions that give the right to early assignment of an old-age insurance pension (availability of the required insurance period and (or) experience in the relevant types of work and the established value of the individual pension coefficient).

3. A funded pension is assigned to insured persons if there are pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension, if the amount of the funded pension is more than 5 percent in relation to the amount of the old-age insurance pension (in including taking into account the fixed payment to the old-age insurance pension and increases in the fixed payment to the insurance pension), calculated in accordance with the Federal Law “On Insurance Pensions”, and the amount of the funded pension calculated on the day the funded pension was assigned. If the amount of the funded pension is 5 percent or less in relation to the amount of the old-age insurance pension (including taking into account the fixed payment to the old-age insurance pension and increases in the fixed payment to the insurance pension), calculated in accordance with the Federal Law "On Insurance Pensions" ", and the amount of the funded pension calculated on the day the funded pension was assigned, insured persons have the right to receive the specified funds in the form of a lump sum payment.

4. The funded pension is established and paid in accordance with this Federal Law, regardless of the receipt of another pension and monthly lifelong allowance provided for by the legislation of the Russian Federation. Changes in the conditions for assigning a funded pension, the norms for establishing a funded pension and the procedure for paying a funded pension are carried out by amending this Federal Law.
Federal Law of October 3, 2018 N 350-FZ.

Article 7. Amount of funded pension

1. The size of the funded pension is determined based on the amount of pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension, as of the day from which he is assigned a funded pension. Additional insurance contributions for a funded pension, employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings, as well as the result of their investment and funds (part of the funds) of maternal (family) capital aimed at the formation of a funded pension, as well as the result from their investment are included in pension savings and are taken into account at the choice of the insured person when determining the amount of a funded pension or the amount of a fixed-term pension payment in accordance with Federal Law of November 30, 2011 N 360-FZ "On the procedure for financing payments from pension savings" .

2. The amount of the funded pension is determined by the formula:

NP = PN/T,

PN - the amount of pension savings of the insured person, accounted for in a special part of the individual personal account or in the pension account of the insured person's funded pension, as of the day from which he is assigned a funded pension. If an urgent pension payment is established for the insured person, provided for by Federal Law of November 30, 2011 N 360-FZ "On the procedure for financing payments from pension savings", the pension savings funds, on the basis of which the amount of this payment is calculated, are not taken into account as part of the funds pension savings, on the basis of which the amount of the funded pension for this insured person is determined;

T - the number of months of the expected period of payment of a funded pension, used to calculate the amount of a funded pension and determined in accordance with Part 1 of Article 17 of this Federal Law.

3. When assigning a funded pension later than acquiring the right to the specified pension, the expected period of payment of the funded pension is reduced by 12 months for each full year (12 months) that has elapsed from the date of acquisition of the right to assign the specified pension. At the same time, the expected period of payment of a funded pension, used to calculate the amount of a funded pension, cannot be less than 168 months from 2015.

4. When adjusting the size of a funded pension in accordance with Part 1 of Article 8 of this Federal Law, the expected period for payment of a funded pension is reduced by 12 months for each full year (12 months) that has elapsed from the date of assignment of a funded pension. In this case, the specified period, including taking into account its reduction in the case provided for in part 3 of this article, cannot be less than 168 months since 2015.

5. Pension savings funds reflected in the special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension and taken into account when assigning a funded pension are not taken into account when adjusting the amount of the said pension on the basis provided for in Part 1 of Article 8 of this Federal Law.

6. If the death of the insured person occurred before he was assigned a funded pension or before its size was adjusted taking into account additional pension savings in accordance with Part 1 of Article 8 of this Federal Law, the pension savings funds accounted for in a special part of the individual personal account or in the pension accumulative pension account of the insured person, with the exception of funds (part of the funds) of maternal (family) capital aimed at forming a funded pension, as well as the result of their investment, are paid to the legal successors of the deceased insured person in the manner established by the legislation of the Russian Federation. In this case, the insured person has the right at any time, by submitting an application for the distribution of pension savings to the insurer with whom the insured person forms pension savings, to identify specific persons from among the persons specified in part 7 of this article, or from among other persons who can receive such payment, and also establish in what shares the specified funds should be distributed between them. Such an application may be submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation and which is transmitted to the insurer using public information and telecommunication networks, including the Internet information and telecommunication network, including the federal state information system "Unified Portal of State and municipal services (functions)". In the absence of the specified application, pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person's accumulative pension, subject to payment to the relatives of the deceased insured person specified in part 7 of this article, are distributed among them in equal shares. Payment of pension savings to the legal successors of the deceased insured person is carried out subject to an application for the specified payment to the insurer, which formed the pension savings on the date of death of the insured person, within six months from the date of death of the insured person. The deadline for applying for payment to the legal successors of the deceased insured person may be restored in court at the request of the legal successor of the deceased insured person who missed the specified period. The procedure for legal successors to apply for payments of pension savings of deceased insured persons, the procedure, timing and frequency of making these payments and the procedure for calculating the amounts of payments to legal successors of deceased insured persons are established by the Government of the Russian Federation. *7.6)

7. In the case provided for in part 6 of this article, the legal successors of the deceased insured person from among the persons specified in the insured person’s application for the distribution of pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension or specified in agreement on compulsory pension insurance, payment of these funds is carried out. In the absence of the specified application of the insured person or the definition of legal successors in the contract on compulsory pension insurance, payment is made to the legal successors of the deceased insured person from among the relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters , grandparents and grandchildren, regardless of age and disability, in the following sequence:

1) first of all - to children, including adopted children, spouse and parents (adoptive parents);

2) secondly - to brothers, sisters, grandfathers, grandmothers and grandchildren.

8. Payment of pension savings to relatives of a deceased insured person of the same priority is carried out in equal shares. Relatives of the second stage have the right to receive pension savings accounted for in a special part of the individual personal account of the deceased insured person or in the pension account of the accumulative pension of the deceased insured person, only in the absence of relatives of the first stage. If the insured person does not have relatives specified in part 7 of this article, these funds are taken into account as part of the insurer's reserve for compulsory pension insurance. In this case, a special part of the individual personal account of the insured person or the pension account of the funded pension is closed.

Article 8. Adjustment of the amount of funded pension

1. The size of the funded pension from August 1 of each year is subject to adjustment based on the amount of insurance contributions received to finance the funded pension, additional insurance contributions for the funded pension, employer contributions, contributions for co-financing the formation of pension savings, as well as the result of their investment and funds (parts funds) of maternal (family) capital aimed at forming a funded pension, as well as the result of their investment, accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person's funded pension, which were not taken into account when determining the amount of pension savings for calculating the amount of a funded pension upon its appointment or previous adjustment provided for in Part 2 of this article.

2. The size of the funded pension is adjusted according to the formula:

NP = NPk + PNk/T,

where NP is the amount of the funded pension;

NPk - the established amount of the funded pension as of July 31 of the year in which the corresponding adjustment is made;

Pnk - the amount of pension savings of the insured person, accounted for in a special part of the individual personal account or in the pension account of the insured person's funded pension, as of July 1 of the year in which the corresponding adjustment is made. In the case of an adjustment to the fixed-term pension payment established for the insured person, provided for by Federal Law of November 30, 2011 N 360-FZ "On the procedure for financing payments from pension savings", the pension savings funds on the basis of which the amount of this payment is adjusted are not taken into account as part of pension savings, on the basis of which the amount of the funded pension of this insured person is adjusted;

T - the number of months of the expected period of payment of a funded pension, used to calculate the amount of a funded pension, as of July 31 of the year in which the corresponding adjustment is made.

3. The size of the funded pension is subject to adjustment based on the results of investing funds from the payment reserve in accordance with Federal Law of November 30, 2011 N 360-FZ “On the procedure for financing payments from pension savings”.

Article 9. Procedure for establishing, paying and delivering funded pensions

1. The establishment of a funded pension and the payment of a funded pension, including the organization of its delivery, are carried out by the insurer, from whom the insured person, on the day of applying for a funded pension, forms pension savings in accordance with Federal Law of December 15, 2001 N 167-FZ "On Mandatory Pension insurance in the Russian Federation" and .

2. An application for a funded pension can be made at any time after acquiring the right to the specified pension without any time limit.

3. The establishment of a funded pension and the payment of a funded pension, including the organization of its delivery, to the insured person who forms pension savings with the insurer, which is the Pension Fund of the Russian Federation, are carried out by the territorial body of the insurer at the place of residence of the person who applied for the assignment of a funded pension. An insured person who forms pension savings with an insurer, which is the Pension Fund of the Russian Federation, can submit applications for the appointment, payment and delivery of a funded pension directly to the territorial body of the insurer or to a multifunctional center for the provision of state and municipal services at the place of residence in the event that between The insurer and the multifunctional center for the provision of state and municipal services have concluded an agreement on interaction and the submission of these applications is provided for by the list of state and municipal services provided in the multifunctional center established by the agreement.

4. The establishment of a funded pension, payment and delivery of a funded pension to the insured person who forms pension savings with the insurer, which is a non-state pension fund, are carried out by a non-state pension fund. An insured person who forms pension savings with an insurer, which is a non-state pension fund, may apply for the assignment, payment and delivery of a funded pension to this insurer at its location.

5. The employer has the right to apply for the assignment, payment and delivery of a funded pension to insured persons who are in an employment relationship with him, with their written consent.

6. The insurer, which is the Pension Fund of the Russian Federation, when the insured person changes his place of residence, pays a funded pension, including organizing its delivery, on the basis of a payment file at the new place of residence or place of stay of the insured person, confirmed by registration documents issued by the registration authorities in the manner established by the legislation of the Russian Federation, or at the place of actual residence, confirmed by a personal statement of the insured person. The insurer, which is a non-state pension fund, when the insured person changes his place of residence, pays a funded pension, including organizing its delivery, at his new place of residence or place of stay or at the place of actual residence in accordance with Federal Law of May 7, 1998 N 75- Federal Law "On Non-State Pension Funds".

7. An application for the appointment, payment and delivery of a funded pension can be submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation and which is transmitted to the insurer using public information and telecommunication networks, including the Internet information and telecommunication network. In this case, an application for payment of a funded pension, submitted in the specified manner, is accepted by the insurer if the insured person submits all the necessary documents to be submitted taking into account the provisions of Part 9 of this article, no later than five working days from the date of filing the relevant application. Application to the Pension Fund of the Russian Federation can be carried out through the federal state information system "Unified portal of state and municipal services (functions)" in accordance with.

8. List of documents required for the assignment of a funded pension, rules for applying for a funded pension, including the employer, assigning a funded pension and adjusting its size, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, checking the documents required to assign a funded pension, the rules for maintaining pension documentation, as well as the periods for its storage, including in electronic form, are established in the manner determined by the Government of the Russian Federation.

9. The documents necessary for the appointment and payment of a funded pension can be requested from the insured person only in cases where the necessary documents (information) are not at the disposal of state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies, with the exception of cases if such documents are included in the list of documents defined by Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”.

10. Other necessary documents (information) are requested by the insurer from state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies and are submitted by such bodies and organizations on paper or in electronic form. The insured person has the right to submit these documents on his own initiative.

11. The insurer has the right to check the validity of the issuance of documents necessary for the establishment and payment of a funded pension, as well as the reliability of the information contained in them.

12. If the document confirming the death (birth) of the insured person indicates only the year without indicating the exact date of death (birth), such date is taken to be July 1 of the corresponding year; if the day of the month is not indicated, the 15th day is considered as such the corresponding month, and if a period is specified, the start date of the period is taken as the date.

13. Payment of funded pension is carried out in the established amount without any restrictions.

14. Payment of a funded pension, including the organization of its delivery, delivery of a funded pension is carried out in the manner and within the time frames established for insurance pensions by the Federal Law “On Insurance Pensions”.

15. Delivery of the accrued amounts of a funded pension to the insured person who forms pension savings from the insurer, which is the Pension Fund of the Russian Federation, who receives an insurance pension in accordance with the Federal Law “On Insurance Pensions”, is carried out simultaneously with the insurance pension and through the organization delivering the specified pension.

16. Payment for services for the delivery of funded pensions is made to federal postal organizations and organizations engaged in the delivery of pensions that have entered into relevant agreements with the insurer, subject to compliance by these organizations with the requirements and conditions determined by the federal executive body exercising the functions of developing and implementing state policy and regulatory -legal regulation in the field of pension provision, at the expense of the insurer’s reserve for compulsory pension insurance. *9.16)

17. Decisions on the establishment of a funded pension or refusal to establish a funded pension, on the payment of the said pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension can be appealed to a higher body of the insurer and (or) to the court.

Article 10. Deadlines for assigning a funded pension

1. A funded pension is assigned from the date of application for the specified pension, but not earlier than from the date of acquisition of the right to a funded pension. If the application for a funded pension follows the dismissal of the insured person from work, the specified pension is assigned from the day following the day of dismissal from work, if the application for a funded pension follows no later than 30 days from the date of dismissal from work.

2. The day of application for a funded pension is considered the day the insurer receives an application for a funded pension with all the necessary documents to be submitted by the insured person, taking into account the provisions of Part 9 of Article 9 of this Federal Law. If the application is sent by mail or submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation, or is submitted through a multifunctional center for the provision of state and municipal services and is accompanied by all the necessary documents to be submitted by the insured person, on the day of applying for a funded pension is considered the date indicated on the postmark of the federal postal service organization at the place of departure of the application, or the date of filing the application using public information and telecommunication networks, including the Internet information and telecommunication network, including the federal state information system "Unified Portal of State and municipal services (functions)", or the date of receipt of the application by the multifunctional center for the provision of state and municipal services.

3. If the application for a funded pension is not accompanied by all the necessary documents to be submitted by the insured person taking into account the provisions of Part 9 of Article 9 of this Federal Law, the insurer gives the insured person who applied for the funded pension an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the corresponding clarification, the day of application for a funded pension is considered to be the day such an application was received, or the date indicated on the postmark of the federal postal service organization at the place where the application was sent, or the date of filing the application using information and telecommunication networks of public use, including the information and telecommunication network "Internet", including the federal state information system "Unified portal of state and municipal services (functions)", or the date of receipt of the application by the multifunctional center for the provision of state and municipal services.

4. When accepting an application for a funded pension, the insurer shall provide the insured person who has applied for a funded pension with an explanation of which documents that are at the disposal of other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, he has the right to submit on his own initiative.

5. An application for a funded pension is considered no later than 10 working days from the date of receipt of such an application by the insurer with all the necessary documents to be submitted by the insured person, taking into account the provisions of Part 9 of Article 9 of this Federal Law, which the insured person has the right to submit on his own initiative with taking into account the provisions of Part 10 of Article 9 of this Federal Law, either from the date of submission of additional documents in accordance with Parts 3 and 4 of this article, or from the date of receipt of documents (information) requested by the insurer from state bodies, local governments or subordinate government bodies or bodies local government organizations.

6. In the event of an inspection of documents required for the assignment of a funded pension, state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies fail to submit documents (information) within the established period, the insurer has the right to suspend the period for consideration of the application for the assignment of a funded pension until the completion of the inspection , submission of documents (information) requested from the specified bodies and organizations, but not more than for three months.

7. In case of refusal to satisfy the application, the insurer, no later than five working days after the day the relevant decision was made, notifies the insured person about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents submitted by the insured person.

8. The funded pension is assigned for life.

Article 11. Suspension and resumption of payment of funded pension

1. The payment of a funded pension is suspended in the following cases:

1) failure to receive the established funded pension for six months in a row - for six months starting from the 1st day of the month following the month in which the specified period expired;

2) expiration of the validity period of a document issued to a foreign citizen or stateless person in confirmation of his right to permanent residence in the Russian Federation (residence permit) - for six months starting from the 1st day of the month following the month in which the period expired actions of the specified document;

3) receipt of documents on the departure of the insured person receiving a funded pension for permanent residence outside the territory of the Russian Federation to a foreign state and the absence of an application from the insured person to leave the territory of the Russian Federation - for six months starting from the 1st day of the month following the month in which the specified documents were received.

2. If the circumstances specified in Part 1 of this article are eliminated, the payment of the funded pension is resumed in the same amount as the payment of the funded pension was made on the day the payment of the funded pension was suspended, taking into account the adjustment of the size of the funded pension in accordance with Part 3 of Article 8 of this Federal Law. law.

3. Resumption of payment of a funded pension is made from the 1st day of the month following the month in which the insurer received an application for the resumption of payment of a funded pension and documents to be submitted by the insured person taking into account the provisions of Part 9 of Article 9 of this Federal Law. In this case, the insured person is paid the amounts of the specified pension not received by him for the entire time during which the payment of the funded pension was suspended.

4. Submission by the insured person of an application for the resumption of payment of a funded pension, consideration by the insurer of the said application, verification of the accuracy of the documents necessary for the resumption of payment of a funded pension, a decision to resume payment of a funded pension or a refusal to satisfy the application of the insured person for the resumption of payment of a funded pension are made in the procedure and terms determined for the resumption of payment of insurance pensions by the Federal Law "On Insurance Pensions".

Article 12. Termination and restoration of payment of funded pension

1. Termination of payment of a funded pension is carried out in the following cases:

1) the death of an insured person receiving a funded pension, or in the event of his being declared dead in the manner prescribed by the legislation of the Russian Federation or recognized as missing - from the 1st day of the month following the month in which the death of the insured person occurred or the decision came into force court to declare him dead or to recognize him as missing. If the relevant court decision indicates the date of declaring the insured person dead or recognizing him as missing, the period for termination of payment of the funded pension is determined based on the specified date;

2) the expiration of six months from the date of suspension of the payment of a funded pension in accordance with paragraphs 1 and 3 of part 1 of Article 11 of this Federal Law - from the 1st day of the month following the month in which the specified period expired;

3) loss by the insured person of the right to an assigned funded pension (detection of circumstances or documents disproving the accuracy of the information presented in confirmation of the right to the specified pension) - from the 1st day of the month following the month in which the specified circumstances or documents were discovered;

4) failure by the insured person - a foreign citizen or stateless person - to provide a residence permit - from the 1st day of the month following the month in which the six-month period provided for in paragraph 2 of part 1 of Article 11 of this Federal Law expired;

5) refusal of the insured person to receive the established funded pension - from the 1st day of the month following the month in which the insurer received the corresponding application from the insured person.

2. When applying for restoration of the payment of a funded pension of an insured person whose payment of a funded pension was terminated in accordance with paragraphs 2 and 4 of part 1 of this article, if he has the right to the specified pension in the period after the termination of payment of this pension before the specified application, a decision on upon termination of payment of the funded pension, it is canceled, and the amounts of the funded pension are paid for the past time, but not more than for three years preceding the month following the month of application. If, after the termination of payment of a funded pension in accordance with paragraphs 1 (in connection with the cancellation of a court decision to declare the insured person dead or to recognize the insured person as missing), 2 and 4 of part 1 of this article, the right to pay a funded pension was lost, payment of the funded pension is subject to restoration in accordance with Part 3 of this article, or at the request of the insured person, the funded pension can be assigned again.

3. The restoration of the funded pension payment is carried out:

1) in case of cancellation of a court decision to declare the insured person dead or to recognize the insured person as missing - from the 1st day of the month following the month in which the corresponding decision came into force;

2) at the request of the insured person in the event of the occurrence of new circumstances or proper confirmation of previous circumstances giving the right to establish a funded pension, if no more than 10 years have passed since the date of termination of payment of the funded pension, - from the 1st day of the month following the month, in in which the insurer has received an application for the restoration of payment of this pension and all the necessary documents to be submitted by the insured person, taking into account the provisions of Part 9 of Article 9 of this Federal Law. The application and all necessary documents can be submitted by the insured person in the form of electronic documents and transferred to the insurer using public information and telecommunication networks, including the Internet information and telecommunications network, including the federal state information system "Unified Portal of State and Municipal Services ( functions)";

3) when the insured person submits an application to restore the payment of a funded pension after refusing to receive it on the basis of paragraph 5 of part 1 of this article - from the 1st day of the month following the month in which the insurer received the corresponding application from the insured person.

4. When the payment of a funded pension is restored, the right to a funded pension is not revised. In this case, the size of the funded pension is determined based on the amount established on the day the payment of the funded pension ceased, taking into account the adjustment of the size of the funded pension in accordance with Part 3 of Article 8 of this Federal Law, which took place in the period up to and including the day the payment of the funded pension was restored.

5. At the request of the insured person, the funded pension can be assigned again.

6. Submission by the insured person of an application for restoration of payment of a funded pension, consideration by the insurer of the said application, verification of the accuracy of the documents necessary to restore payment of a funded pension, making a decision to restore payment of a funded pension or to refuse the insured person’s application for restoration of payment of a funded pension are made in the procedure and terms determined for the restoration of the payment of insurance pensions by the Federal Law “On Insurance Pensions”.

Article 13. Terms of payment and delivery of funded pensions

1. Payment and delivery of funded pensions are made for the current month.

2. Accrued amounts of funded pension, the payment of which was suspended by the insurer and which were not claimed by the insured person in a timely manner, are paid to him for the past time, but not more than for three years preceding the month following the month in which the insured person applied for the accrued funded pension. A funded pension that is not received by the insured person on time due to the fault of the insurer is paid to him for the past time without any limitation.

3. Accrued amounts of funded pension due to the insured person in the current month and remaining not received due to his death in the specified month are not included in the inheritance and are paid to those members of his family who belong to the persons specified in Part 2 of Article 10 of the Federal of the Law “On Insurance Pensions”, and lived together with this insured person on the day of his death, if the application for the unreceived amounts of the specified pension followed no later than six months from the date of death of the insured person. When several family members apply for the specified amounts of funded pension, the amounts of funded pension due to them are divided equally between them.

4. In the absence of persons who, on the basis of Part 3 of this article, have the right to accrued amounts of funded pension due to the insured person in the current month and remaining not received in connection with his death in the specified month, or if these persons do not submit claims for payment of the specified amounts in within the established period, the corresponding amounts are inherited on the general basis established by the Civil Code of the Russian Federation.

Article 14. Payment of funded pensions to insured persons leaving for permanent residence outside the territory of the Russian Federation

Payment of funded pensions to insured persons who leave (have left) for permanent residence outside the territory of the Russian Federation is carried out in the manner prescribed for insurance pensions by the Federal Law “On Insurance Pensions”.

Article 15. Responsibility for the accuracy of information necessary for establishing and paying a funded pension

1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of a funded pension, and employers, in addition, are responsible for the accuracy of the information provided for maintaining individual (personalized) records in the compulsory pension insurance system.

2. If the submission of false information or untimely submission of information provided for in Part 5 of this article resulted in overspending of funds for the payment of funded pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation or the non-state pension fund for the damage caused, respectively, in the manner established by the legislation of the Russian Federation. Federation.

3. In cases of failure to fulfill or improper fulfillment of the duties specified in part 1 of this article, and in connection with this payment of excess amounts of funded pension, the employer and (or) the insured person shall compensate the insurer for the damage caused in the manner established by the legislation of the Russian Federation.

4. The amounts of funded pension overpaid to the insured person are determined for the period during which the corresponding payments were made to the insured person unlawfully, in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of pension provision.

5. The insured person is obliged to notify the insurer of the occurrence of circumstances entailing the termination of payment of a funded pension no later than the next working day after the day of occurrence of these circumstances.

6. If the insurer discovers an error made when establishing and (or) paying a funded pension, this error is eliminated based on the norms of the legislation of the Russian Federation. The establishment of a funded pension in the amount provided for by the legislation of the Russian Federation, or the termination of payment of a funded pension due to the lack of the right to it, is carried out from the 1st day of the month following the month in which the corresponding error was discovered.

Article 15_1. Ensuring the placement of information on the establishment and payment of funded pensions

Information on the establishment and payment of a funded pension in accordance with this Federal Law is posted in the Unified State Social Security Information System. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.
(The article was additionally included by Federal Law of March 7, 2018 N 56-FZ)

Article 16. Deductions from funded pension

Deductions from funded pensions are made on the grounds and in the manner provided for deductions from insurance pensions in accordance with the Federal Law "On Insurance Pensions".

Article 17. Entry into force of the expected period of payment of funded pension

1. Until January 1, 2016, the expected period of payment of a funded pension used to calculate the amount of a funded pension is set at 19 years (228 months). From January 1, 2016, the duration of the expected period of payment of a funded pension is determined annually by federal law on the basis of official statistical data on the life expectancy of men and women aged 60 and 55 years, respectively, in accordance with the methodology for assessing the expected period of payment of a funded pension, approved by the Government of the Russian Federation.

2. For the insured persons specified in Part 2 of Article 6 of this Federal Law, the funded pension is determined based on the expected period of payment of the funded pension established in accordance with Part 1 of this Article, which increases annually starting from January 1, 2013 (from January 1 of the corresponding year) for one year. Moreover, the total number of years of such an increase cannot exceed the number of years missing upon the onset of the right to receive a funded pension before reaching the ages of 60 and 55 years (men and women, respectively).
(Article as amended, put into effect on January 1, 2019 by Federal Law of October 3, 2018 N 350-FZ.

Article 18. Entry into force of this Federal Law

2. Cumulative parts of old-age labor pensions established for citizens before January 1, 2015 in accordance with the legislation of the Russian Federation that was in force before the entry into force of this Federal Law are considered funded pensions from that date.

3. Non-state pension funds, before April 1, 2015, notify insured persons of the corresponding change in the name of payment from pension savings provided for in contracts on compulsory pension insurance concluded between non-state pension funds and insured persons before the entry into force of this Federal Law , by posting information about this change on the website of a non-state pension fund on the Internet information and telecommunications network and (or) publishing it in the media.

The president
Russian Federation
V.Putin

Moscow Kremlin
December 28, 2013
N 424-ФЗ

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Federal Law on funded pension – a law that reveals the essence of one of the types of pension provision. The law of the Russian Federation provides benefits to all citizens in need of help. However, the definition of needy is quite broad, unless limited by law.

Types of pension systems established in the Russian Federation

A pension is assistance from the state to a citizen who needs help due to certain circumstances. This situation is called an insured event.

There are several types of benefits: assistance from the state,. The law also provides for payments for citizens working in official positions who have achieved the required length of service to receive these payments.

The legislation of the Russian Federation contains several types of pension systems, such as:

distributive (carried out according to the rules of social insurance, which combines personal and collective mutual assistance);
conditional pension insurance;
(completely carried out on personal responsibility);
benefit payments made from the wages of children to their parents.

Pension system of Russia is a set of legal, economic and organizational institutions and norms created in the Russian Federation that have one common goal - providing citizens with material support in the form of a pension.

Basic provisions of the law on funded pensions

The funded type of pension is formed from regular contributions by the insured person's employer to. This benefit is paid monthly on an ongoing basis and for life without expiration.

Of course, this method of receiving urgent money is not the best, because then the benefit for a secure old age that has been accumulating for a long time simply disappears. However, it is possible.

It is calculated using the following formula:

RNC = (SPN/T = 228), Where

RSF – size of the storage part;

SPN – savings;

T – waiting period.

The amount is determined by the amount in the personal account of the insured person at the time of appointment of insurance financial assistance.

Indicators of funded pensions in federal law

In order to clearly understand how the law on funded pensions works, it is important to understand the basic concepts and definitions prescribed in the legislation.

Federal law establishes the following definitions:

funded benefit– this is compensation to the insured person who has suffered an insured event and has lost the ability to receive wages. This is how wages are compensated. An insured event is considered to be old age (reaching the established retirement age), incapacity for work due to disability, or loss of a breadwinner. The amount of this regular assistance is stored in the individual account of the insured person in the pension fund, where the amount of funding is also taken into account;

establishment of a funded part is the calculation of the amount of benefits and the decision to begin paying them;

pension funds- the total amount available on the individual pension account of the accumulated part of the insured’s benefit, which was formed from contributions and the results of their investment, other contributions: employer contributions for the benefit of financial support of the employee, state financial benefits that can be used to form a future pension, for example, maternal capital, etc.;

expected period of payment of the funded part– the duration of the period is calculated by the executive authority for legal regulation and is used to indicate the amount of payments.

Important! A good knowledge of the law will help both the insured person and the policyholder to correctly handle their rights and obligations to the state.

Thus, by clearly understanding the rights and obligations prescribed by law, you can easily avoid deception, injustice and misunderstandings of various kinds in matters of registration and receipt. By taking care of financial support in youth, everyone can free themselves in the future, in old age, from problems and unnecessary fuss.

State Duma

Federation Council

Judicial practice and legislation - 424-FZ On funded pension

It should be noted that in accordance with Part 12 of Article 9 of the Federal Law of December 28, 2013 N 424-FZ “On Funded Pension”, if the document confirming the death of the insured person indicates only the year without indicating the exact date of death, for such a date is taken to be July 1 of the corresponding year; if the day of the month is not specified, it is considered to be the 15th day of the corresponding month, and if a period is specified, the date of the beginning of the period is taken as the date.

In accordance with the requirements of Federal Law No. 360-FZ of November 30, 2011 “On the procedure for financing payments from pension savings” (as amended), the insured person may be assigned a funded pension, an urgent pension payment or a lump sum payment. Considering that the coefficients for converting the amount of pension savings into a lifetime pension are established in accordance with the legislation of the Russian Federation (Federal Law of December 28, 2013 N 424-FZ “On Accumulative Pension” (as amended) and the fund does not have the ability to change the coefficients in any way conversion or refuse to fulfill the agreement, for example, by transferring pension savings to the Pension Fund of the Russian Federation (hereinafter referred to as the Pension Fund of the Russian Federation) for payment of a funded pension, the fund assumes all risks associated with the payment of a funded pension at the time of conclusion of the contract. is the risk of longevity of the insured person. This risk is an insurance risk, since the insured person may live significantly longer than expected based on the conversion rates established in accordance with the legislation of the Russian Federation; the risk is significant for the fund. As a result, the fund takes on significant insurance risk at the time of conclusion of the contract, that is, the OPS contract is an insurance contract.

Article 1. Purpose and subject of regulation of this Federal Law

This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation,” establishes the grounds for acquiring and the procedure for exercising the right of insured persons to a funded pension.

Article 2. Legislation of the Russian Federation on funded pensions

1. The legislation of the Russian Federation on funded pensions consists of this Federal Law, Federal Law No. 165-FZ of July 16, 1999 “On the Basics of Compulsory Social Insurance”, Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in Russian Federation", Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund", Federal Law of May 7, 1998 No. 75-FZ " On non-state pension funds", Federal Law of November 30, 2011 No. 360-FZ "On the procedure for financing payments from pension savings", Federal Law of April 1, 1996 No. 27-FZ "On individual (personalized) accounting in the mandatory system pension insurance", Federal Law of July 24, 2002 No. 111-FZ "On investing funds to finance funded pensions in the Russian Federation", other federal laws and regulatory legal acts of the Russian Federation adopted in accordance with them.

2. In the cases provided for by this Federal Law, the Government of the Russian Federation determines the procedure for exercising the right of persons insured in accordance with the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation” to a funded pension. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications may be issued in the manner determined by the Government of the Russian Federation.

Article 3. Basic concepts used in this Federal Law

1. For the purposes of this Federal Law, the following basic concepts apply:

2) establishment of a funded pension - assignment of a funded pension and adjustment of its size;

4) the expected period of payment of a funded pension - an indicator calculated on the basis of data from the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of official statistical accounting, and used to determine the size of a funded pension.

2. Other concepts and terms are used in this Federal Law in the meanings in which they are used to regulate the relevant relations in the Federal Law of April 1, 1996 No. 27-FZ "On individual (personalized) accounting in the compulsory pension insurance system", Federal Law of May 7, 1998 No. 75-FZ "On Non-State Pension Funds", Federal Law of July 16, 1999 No. 165-FZ "On the Basics of Compulsory Social Insurance", Federal Law of December 15, 2001 No. 167-FZ "On Compulsory pension insurance in the Russian Federation", Federal Law of July 24, 2002 No. 111-FZ "On investing funds to finance funded pensions in the Russian Federation", Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families, with children", Federal Law of April 30, 2008 No. 56-FZ "On additional insurance contributions for funded pensions and state support for the formation of pension savings", Federal Law of November 30, 2011 No. 360-FZ "On the procedure for financing payments from funds pension savings" and the Federal Law "On Insurance Pensions".

Article 4. Persons entitled to a funded pension

1. Citizens of the Russian Federation who are insured in accordance with the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation” have the right to a funded pension, if they have pension savings accounted for in a special part of the individual personal account of the insured person or on the pension account of the insured person's funded pension, subject to their compliance with the conditions provided for by this Federal Law.

Article 5. Financial support for payment of funded pension

1. The procedure for financial support for the payment of funded pensions is determined by the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation” and the Federal Law of November 30, 2011 No. 360-FZ “On the Procedure for Financing Payments from Pension Funds” savings."

Article 6. Conditions for assigning a funded pension

1. A funded pension is assigned to insured persons entitled to an old-age insurance pension, including early, in accordance with the Federal Law “On Insurance Pensions”, if there are pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account the funded pension account of the insured person, if the amount of the funded pension is more than 5 percent in relation to the amount of the old-age insurance pension, including taking into account the fixed payment to the old-age insurance pension, and the amount of the funded pension calculated as of the day the funded pension was assigned . If the amount of the funded pension is 5 percent or less in relation to the amount of the old-age insurance pension, including taking into account the fixed payment to the old-age insurance pension, and the amount of the funded pension calculated as of the day the funded pension was assigned, the insured persons indicated in Article 4 of the Federal Law of November 30, 2011 No. 360-FZ “On the procedure for financing payments from pension savings”, have the right to receive these funds in the form of a lump sum payment.

2. The funded pension is established and paid in accordance with this Federal Law, regardless of the receipt of another pension and monthly lifelong allowance provided for by the legislation of the Russian Federation. Changes in the conditions for assigning a funded pension, the norms for establishing a funded pension and the procedure for paying a funded pension are carried out by amending this Federal Law.

Article 7. Amount of funded pension

1. The size of the funded pension is determined based on the amount of pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension, as of the day from which he is assigned a funded pension. Additional insurance contributions for a funded pension, employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings, as well as the result of their investment and funds (part of the funds) of maternal (family) capital aimed at the formation of a funded pension, as well as the result from their investment are included in pension savings and are taken into account at the choice of the insured person when determining the amount of a funded pension or the amount of a fixed-term pension payment in accordance with Federal Law No. 360-FZ of November 30, 2011 “On the procedure for financing payments from pension savings” .

2. The amount of the funded pension is determined by the formula:

NP = PN / t,

Where NP

Mon- the amount of pension savings of the insured person, accounted for in a special part of the individual personal account or in the pension account of the insured person’s funded pension, as of the day from which he is assigned a funded pension. If the insured person is provided with an urgent pension payment, provided for by Federal Law No. 360-FZ of November 30, 2011 “On the procedure for financing payments from pension savings”, pension savings funds, on the basis of which the amount of this payment is calculated, are not taken into account as part of the funds pension savings, on the basis of which the amount of the funded pension for this insured person is determined;

T- the number of months of the expected period of payment of a funded pension, used to calculate the amount of a funded pension and determined in accordance with Part 1 of Article 17 of this Federal Law.

1) first of all - to children, including adopted children, spouse and parents (adoptive parents);

2) secondly - to brothers, sisters, grandfathers, grandmothers and grandchildren.

Article 8. Adjustment of the amount of funded pension

2. The size of the funded pension is adjusted according to the formula:

NP = NPk + PNk / T,

Where NP- the size of the funded pension;

NPk- the established amount of the funded pension as of July 31 of the year in which the corresponding adjustment is made;

PNk- the amount of pension savings of the insured person, accounted for in a special part of the individual personal account or in the pension account of the insured person’s funded pension, as of July 1 of the year in which the corresponding adjustment is made. In the event of an adjustment to the fixed-term pension payment established for the insured person, provided for by Federal Law No. 360-FZ of November 30, 2011 “On the procedure for financing payments from pension savings”, the pension savings funds on the basis of which the amount of this payment is adjusted are not taken into account as part of pension savings, on the basis of which the amount of the funded pension of this insured person is adjusted;

T- the number of months of the expected period of payment of a funded pension, used to calculate the amount of a funded pension, as of July 31 of the year in which the corresponding adjustment is made.

3. The size of the funded pension is subject to adjustment based on the results of investing funds from the payment reserve in accordance with Federal Law No. 360-FZ of November 30, 2011 “On the procedure for financing payments from pension savings”.

Article 9. Procedure for establishing, paying and delivering funded pensions

1. The establishment of a funded pension and the payment of a funded pension, including the organization of its delivery, are carried out by the insurer, from whom the insured person, on the day of applying for a funded pension, forms pension savings in accordance with the Federal Law of December 15, 2001 No. 167-FZ "On Mandatory Pension insurance in the Russian Federation" and the Federal Law of May 7, 1998 No. 75-FZ "On Non-State Pension Funds".

2. An application for a funded pension can be made at any time after acquiring the right to the specified pension without any time limit.

5. The employer has the right to apply for the assignment, payment and delivery of a funded pension to insured persons who are in an employment relationship with him, with their written consent.

7. An application for the appointment, payment and delivery of a funded pension can be submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation and which is transmitted to the insurer using public information and telecommunication networks, including the Internet information and telecommunication network. In this case, an application for payment of a funded pension, submitted in the specified manner, is accepted by the insurer if the insured person submits all the necessary documents to be submitted taking into account the provisions of Part 9 of this article, no later than five working days from the date of filing the relevant application. Applications to the Pension Fund of the Russian Federation can be carried out through the federal state information system "Unified portal of state and municipal services (functions)" in accordance with Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services."

9. The documents necessary for the appointment and payment of a funded pension can be requested from the insured person only in cases where the necessary documents (information) are not at the disposal of state bodies, local self-government bodies or organizations subordinate to state bodies or local self-government bodies, with the exception of cases if such documents are included in the list of documents defined by the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”.

13. Payment of funded pension is carried out in the established amount without any restrictions.

Article 10. Deadlines for assigning a funded pension

8. The funded pension is assigned for life.

Article 11. Suspension and resumption of payment of funded pension

1. The payment of a funded pension is suspended in the following cases:

1) failure to receive the established funded pension for six months in a row - for six months starting from the 1st day of the month following the month in which the specified period expired;

Article 12. Termination and restoration of payment of funded pension

1. Termination of payment of a funded pension is carried out in the following cases:

3. The restoration of the funded pension payment is carried out:

5. At the request of the insured person, the funded pension can be assigned again.

6. Submission by the insured person of an application for restoration of payment of a funded pension, consideration by the insurer of the said application, verification of the accuracy of the documents necessary to restore payment of a funded pension, making a decision to restore payment of a funded pension or to refuse the insured person’s application for restoration of payment of a funded pension are made in the procedure and terms determined for the restoration of payment of insurance pensions by the Federal Law “On Insurance Pensions”.

Article 13. Terms of payment and delivery of funded pensions

1. Payment and delivery of funded pensions are made for the current month.

Article 14. Payment of funded pensions to insured persons leaving for permanent residence outside the territory of the Russian Federation

Article 15. Responsibility for the accuracy of information necessary for establishing and paying a funded pension

Article 16. Deductions from funded pension

Deductions from funded pensions are made on the grounds and in the manner provided for deductions from insurance pensions in accordance with the Federal Law “On Insurance Pensions”.

Article 17. Entry into force of the expected period of payment of funded pension

1. Until January 1, 2016, the expected period of payment of a funded pension used to calculate the amount of a funded pension is set at 19 years (228 months). From January 1, 2016, the duration of the expected period of payment of a funded pension is determined annually by federal law on the basis of official statistical data on the life expectancy of recipients of a funded pension in accordance with the methodology for assessing the expected period of payment of a funded pension, approved by the Government of the Russian Federation.

2. For the insured persons specified in Part 1 of Article 30 and Part 1 of Article 32 of the Federal Law "On Insurance Pensions", the funded pension is determined based on the expected period of payment of the funded pension established in accordance with Part 1 of this article, which is annually starting from January 1, 2013 year (from January 1 of the corresponding year) increases by one year. Moreover, the total number of years of such an increase cannot exceed the number of years missing in case of early assignment of an insurance pension before the age of retirement established by Article 8 of the Federal Law “On Insurance Pensions” (for men and women, respectively).

Article 18. Entry into force of this Federal Law

President of Russian Federation
V. Putin

Federal Law of December 28, 2013 N 424-FZ

"About funded pension"

The document begins to be valid on 01/01/2015.

The purpose and subject of regulation of this Federal Law

This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation,” establishes the grounds for acquiring and the procedure for exercising the right of insured persons to a funded pension.

Persons entitled to a funded pension

Conditions for assigning a funded pension

1. A funded pension is assigned to insured persons entitled to an old-age insurance pension, including early, in accordance with the Federal Law “On Insurance Pensions”, if there are pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account the funded pension account of the insured person, if the amount of the funded pension is more than 5 percent in relation to the amount of the old-age insurance pension, including taking into account the fixed payment to the old-age insurance pension, and the amount of the funded pension calculated as of the day the funded pension was assigned . If the amount of the funded pension is 5 percent or less in relation to the amount of the old-age insurance pension, including taking into account the fixed payment to the old-age insurance pension, and the amount of the funded pension calculated as of the day the funded pension was assigned, the insured persons indicated in Article 4 of the Federal Law of November 30, 2011 N 360-FZ “On the procedure for financing payments from pension savings”, have the right to receive these funds in the form of a lump sum payment.

Funded pension amount is determined based on the amount of pension savings accounted for in a special part of the individual personal account of the insured person or in the pension account of the insured person’s funded pension, as of the day from which he is assigned a funded pension. Additional insurance contributions for a funded pension, employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings.

Payment of pension savings to legal successors of the deceased insured person is carried out under the condition of applying for the specified payment to the insurer, which generated pension savings on the date of death of the insured person, within six months from the date of death of the insured person. The deadline for applying for payment to the legal successors of the deceased insured person may be restored in court at the request of the legal successor of the deceased insured person who missed the specified period.

Adjusting the amount of funded pension

The procedure for establishing, paying and delivering a funded pension

An application for a funded pension can be made at any time after acquiring the right to the specified pension without any time limit.

Payment of funded pensions is carried out in the established amount without any restrictions.

Payment of a funded pension, including the organization of its delivery, delivery of a funded pension is carried out in the manner and within the time frames established for insurance pensions by the Federal Law “On Insurance Pensions”.

An application for the appointment, payment and delivery of a funded pension can be submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation and which is transmitted to the insurer using public information and telecommunication networks, including the Internet information and telecommunication network. In this case, an application for payment of a funded pension, submitted in the specified manner, is accepted by the insurer if the insured person submits all the necessary documents to be submitted taking into account the provisions of Part 9 of this article, no later than five working days from the date of filing the relevant application. Applications to the Pension Fund of the Russian Federation can be carried out through the federal state information system "Unified portal of state and municipal services (functions)" in accordance with Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services."

The documents necessary for the appointment and payment of a funded pension can be requested from the insured person only in cases where the necessary documents (information) are not at the disposal of state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, unless such documents are included in the list of documents defined by Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”.

Deadlines for assigning a funded pension

The funded pension is assigned from the date of application for the specified pension, but not earlier than from the date of acquisition of the right to a funded pension. If the application for a funded pension follows the dismissal of the insured person from work, the specified pension is assigned from the day following the day of dismissal from work, if the application for a funded pension follows no later than 30 days from the date of dismissal from work.

Application for a funded pension is considered no later than 10 working days from the date of receipt of such an application by the insurer with all the necessary documents to be submitted by the insured person, taking into account the provisions of Part 9 of Article 9 of this Federal Law, which the insured person has the right to submit on his own initiative, taking into account the provisions of Part 10 of Article 9 of this Federal Law, either from the date of submission of additional documents in accordance with parts 3 and 4 of this article, or from the date of receipt of documents (information) requested by the insurer from state bodies, local government bodies or organizations subordinate to state bodies or local government bodies.

In case of document verification necessary for the assignment of a funded pension, failure by state bodies, local government bodies or organizations subordinate to state bodies or local government bodies to submit documents (information) within the prescribed period, the insurer has the right to suspend the period for consideration of the application for the assignment of a funded pension until the completion of the inspection, submission of documents (information), requested from the specified bodies and organizations, but not more than three months.

In case of refusal in satisfying the application, the insurer, no later than five working days after the date of the relevant decision, notifies the insured person about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents submitted by the insured person.

The funded pension is assigned for life.

Terms of payment and delivery of funded pensions

Payment and delivery of funded pensions are made for the current month.

Accrued amounts of funded pension, the payment of which was suspended by the insurer and which were not claimed by the insured person in a timely manner, are paid to him over the past period of time, but not more than for three years preceding the month following the month in which the insured person applied for the accrued funded pension . A funded pension that is not received by the insured person on time due to the fault of the insurer is paid to him for the past time without any limitation.

Payment of funded pensions to insured persons leaving for permanent residence outside the territory of the Russian Federation

Deductions from funded pension

Deductions from funded pensions are made on the grounds and in the manner provided for deductions from insurance pensions in accordance with the Federal Law “On Insurance Pensions”.

Entry into force of this Federal Law

The funded parts of old-age labor pensions established for citizens before January 1, 2015 in accordance with the legislation of the Russian Federation in force before the entry into force of this Federal Law are considered funded pensions from that date.

By posting information about this change on the website of a non-state pension fund on the Internet and (or) publishing it in the media.

Work experience: concept, types, calculation procedure

Federal Law on funded pension: main provisions of the law, size