Military pension in 1990. The right of citizens discharged from military service to a “mixed pension. On the procedure for enacting the law of the USSR "on pensions for military personnel"

12.04.2020

SUPREME COUNCIL OF THE USSR

RESOLUTION

ON THE PROCEDURE FOR ENTERING THE LAW OF THE USSR INTO EFFECT

"ON PENSION SECURITY FOR MILITARY SERVANTS"

The Supreme Soviet of the USSR decides:

1. Enact the USSR Law “On pension provision military personnel" (hereinafter referred to as the Law) from January 1, 1991, and in terms of pensions for war veterans, other war participants and families of deceased servicemen - from October 1, 1990.

2. Pensions assigned to conscripts and their families before the entry into force of the Law, including minimum ones, upon recalculation are increased to the amounts established by the Law, with appropriate allowances, but not less than 5 rubles per month in cases of being on pension for up to 5 years inclusive, for 10 rubles - from 5 to 10 years, for 15 rubles - from 10 to 15 years, for 20 rubles - from 15 to 20 years, for 30 rubles - from 20 to 25 years, for 40 rubles - 25 or more years (excluding the increase provided for in Article 28 of the Law).

With a subsequent increase in the minimum pension amount due to an increase in the minimum wage, pensions are recalculated without taking into account the specified increase in pensions by 5 - 40 rubles.

3. Recalculation of pensions assigned to persons officers, warrant officers, midshipmen and long-term servicemen, senior and rank-and-file officers of internal affairs bodies and their families before the Law comes into force, is carried out in the following order:

a) pensions for long service, disability and loss of a breadwinner, including minimum ones, are recalculated according to the standards established by the Law, based on the norms and types of monetary allowance established on the day of entry into force of this Law, taken into account when calculating pensions, for the corresponding categories of military personnel, commanding and rank and file personnel of internal affairs bodies in service.In this case, pensions are increased by no less than 5 - 40 rubles, depending on the length of retirement provided for in paragraph 2 of this Resolution (without taking into account the increase provided for in part two of Article 17 and Article 28);

b) old-age pensions assigned to officers in accordance with previously applicable legislation are increased by 40 rubles per month. At the request of these pensioners, they may be assigned long-service pensions or disability pensions in accordance with the standards established by the USSR Law “On Pension Provision of Military Personnel,” or old-age pensions in accordance with the USSR Law “On Pension Provision of Citizens in the USSR.”

4. In addition to the increases provided for in paragraphs 2 and 3 of this Resolution, survivors' pensions for deceased military personnel paid to parents and wives (who have not entered into military service) new marriage), as well as pensions in case of loss of a breadwinner for people disabled since childhood due to wounds, concussions and mutilations associated with hostilities during the Great Patriotic War or their consequences, are increased by 15 percent of the minimum pension amount according to the age.

assignment and payment of pensions to military cosmonauts and their families;

payment of pensions to pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families who previously went abroad, if this procedure provides for more preferential conditions than established by the Law.

6. To the Council of Ministers of the USSR:

adopt, within two months, the necessary regulations on the application of the USSR Law “On Pension Provision of Military Personnel” on issues within the competence of the USSR Council of Ministers by the Law. At the same time, in accordance with Article 46 of the Law, to ensure, when calculating pensions, unity in determining the monetary allowance of various categories of military personnel of the Armed Forces of the USSR, troops and bodies of the State Security Committee of the USSR, internal troops, railway troops and other military formations, commanding and rank-and-file personnel of internal affairs bodies;

implement measures to ensure timely completion of work on recalculation, assignment and payment of pensions in accordance with the Law;

submit to the Supreme Soviet of the USSR proposals on the procedure and timing for increasing pensions in connection with changes in the cost of living index and wage growth (Article 66 of the Law) simultaneously with the draft Law on Indexation of Population Income.

7. Grant the USSR State Committee for Labor and Social Issues, during the period of recalculation of pensions in accordance with the Law, the right to make, jointly with the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee, decisions on the procedure for its application, including those relating to certain categories of military personnel, commanding officers and rank and file of internal affairs bodies, mandatory for ministries and departments of the USSR and union republics.

8. Recommend to the Supreme Councils of the union and autonomous republics, local Councils of People's Deputies to implement, in accordance with the Law, the necessary measures to provide additional guarantees of social security and improve the living conditions of pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families.

Inactive

Document's name:
Document Number:	1467-1
Document type:	USSR Law
Receiving authority:	Supreme Soviet of the USSR
Status:	Inactive
Published:
Acceptance date:	April 28, 1990
Start date:	01 January 1991
Expiration date:	01 February 1993

On pension provision for military personnel. General provisions.

UNION OF SOVIET SOCIALIST REPUBLICS

On pension provision for military personnel

Not applicable in the territory Russian Federation since February 1, 1993
based on the resolution of the Supreme Council of the Russian Federation
dated February 12, 1993 N 4469-1
____________________________________________________________________

This Law, in accordance with the Constitution of the USSR, determines the conditions, norms and procedure for pension provision for military personnel of the Armed Forces of the USSR, troops and bodies of the State Security Committee of the USSR, internal troops, railway troops and other military formations, commanding and rank-and-file personnel of internal affairs bodies and their families .

I. General provisions

Article 1. Types of pension provision

Officers, warrant officers, midshipmen and long-term servicemen, commanding and enlisted personnel of internal affairs bodies, if they have length of service in military service in internal affairs bodies established by this Law, have the right to a lifetime pension for length of service.

Military personnel, commanding and rank-and-file personnel of internal affairs bodies who become disabled under the conditions provided for by this Law acquire rights to a disability pension.

In the event of the death or death of military personnel, commanding and rank-and-file personnel of internal affairs bodies, their families are entitled to a survivor's pension.

Article 2. Conditions of pension provision

For military personnel, commanding and rank-and-file personnel of internal affairs bodies entitled to pensions, pensions in accordance with this Law are assigned and paid after dismissal from service.

Disability pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies, and their families pensions in the event of the loss of a breadwinner are assigned regardless of the length of service.

Article 3. Persons entitled to pensions on an equal basis with conscripts and their families

The conditions, norms and procedures for pension provision established by this Law for conscripts and their families, respectively, also apply (unless otherwise stated):

a) to partisans and their families (except for those specified in Article 4 of this Law);

b) to workers and employees of the corresponding categories, determined by the Council of Ministers of the USSR, who worked during the Great Patriotic War in areas of military operations (in front-line areas railways, on the construction of defensive lines, naval bases, airfields, etc.), and their families; c) to citizens who were part of destruction battalions, platoons and units for protecting the people, and their families;

d) to those liable for military service called up for training, special or verification training, and their families;

e) to employees of paramilitary security who are not subject to state social insurance, to junior commanders and rank-and-file personnel of the special communications service of the USSR Ministry of Communications and their families.

Article 4. Persons entitled to a pension on the same basis as officers, military personnel on extended service and their families

On the grounds established by this Law for officers and their families, pension provision is also provided for persons occupying command positions corresponding to officer positions in partisan detachments and formations, and their families.

On the grounds established by this Law for long-term military personnel and their families, pension provision is also provided for women voluntarily accepted into active military service as soldiers, sailors, sergeants and foremen, and their families.

Article 5. Assignment of pensions to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families on the grounds established by the USSR Law "On pension provision for citizens in the USSR"

Officers, warrant officers, midshipmen and long-term military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families may (at their request) be granted pensions on the terms and according to the standards established by the USSR Law “On Pension Provision of Citizens in the USSR”. At the same time, along with wages when calculating their pensions, all types of monetary allowance received by these military personnel, commanding officers and privates before dismissal from service are taken into account. In relation to the specified military personnel, commanding officers and rank-and-file personnel who served in the regions Far North and areas equated to the regions of the Far North, preferential conditions for the appointment of old-age pensions established by law for persons who worked in these areas and areas are applied.

On the basis established by the Law of the USSR "On pension provision for citizens in the USSR", pensions are also assigned to military personnel and commanding officers of internal affairs bodies, deprived of military or special ranks, and their families.

Article 6. Pensions for families of deceased pensioners

Families of deceased pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies have the right to a pension in the event of the loss of a breadwinner on the same basis as the families of military personnel, commanding and rank-and-file personnel of internal affairs bodies.

Article 7. Right to choose a pension

Military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families, who at the same time have the right to various state pensions, one pension is assigned at their choice.

Article 8. Funds for payment of pensions. Exemption of pensions from taxes

Payment of pensions to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families is provided by the state at the expense of the state budget of the USSR.

Pensions are not subject to taxes.

Article 9. Payment of benefits

Military personnel, commanding and rank-and-file personnel of internal affairs bodies who are dismissed from service, families of relevant categories of military personnel and commanding and rank-and-file personnel of internal affairs bodies and pensioners from among military personnel and commanding and rank-and-file personnel who have lost their breadwinner are paid benefits in the amounts determined by the Council Ministers of the USSR.

Article 10. Bodies providing pensions

Pension provision for conscripts and their families in accordance with this Law is carried out by social security authorities. In the same order, pension provision is carried out for officers, warrant officers, midshipmen and military personnel of extended service, for commanding and rank-and-file personnel of internal affairs bodies and their families when assigning them pensions on the terms and according to the standards established by the USSR Law "On Pension Provision of Citizens in the USSR" "(Article 5 and part one of Article 26 of this Law).

Article 11. Social assistance to pensioners

The legislation of the union and autonomous republics, decisions of local Councils of People's Deputies, administration and labor collectives of enterprises, institutions and organizations, within the limits of the rights granted to them by the USSR Law "On pension provision for citizens in the USSR", can be established at the expense of republican and local budgets, payment funds. labor supplements to pensions assigned in accordance with this Law, additional types of material support and benefits for pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families.

Article 12. Pensions for special merits

Military personnel, commanding and rank and file personnel of internal affairs bodies awarded the title of Hero Soviet Union or a Hero of Socialist Labor, awarded the Order of Glory of three degrees, the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees or having honorary titles of the USSR, as well as in the presence of other services to the Soviet state, pensions for special merits may be awarded before the USSR in the manner established by the Supreme Soviet of the USSR.

II. Long service pensions

Article 13. Conditions for assigning pensions

The following are entitled to a long service pension:

a) persons of officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank and file of internal affairs bodies who, on the day of dismissal from service, have served in military service or in service in internal affairs bodies for 20 years or more;

b) officers and persons of middle, senior and senior management of internal affairs bodies, dismissed from service due to age, illness, staff reduction or limited health and who have reached 50 years of age on the day of dismissal, having a general seniority 25 calendar years and more, of which at least 12 years and 6 months are military service or service in internal affairs bodies.

Article 14. Amounts of pensions

Pensions for long service are assigned in the following amounts:

a) persons of officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank and file of internal affairs bodies with 20 years of service or more (clause "a" of Article 13): for length of service 20 - 40 percent, and those dismissed for age or illness - 45 percent of the corresponding amounts of monetary allowance (Article 46); for each year of service over 20 years - 3 percent of the corresponding amounts of salary, but not more than 75 percent of these amounts;

b) persons of officer ranks and persons of middle, senior and senior command of internal affairs bodies with a total length of service of 25 calendar years or more, of which at least 12 years and 6 months are military service or service in internal affairs bodies (clause "b" Article 13): for a total work experience of 25 years - 40 percent and for each year of service over 25 years - 1 percent of the corresponding amounts of monetary allowance (Article 46).

Article 15. Minimum pension amount

Long service pensions assigned in accordance with this Law cannot be lower than the minimum age pension.

Article 16. Increase in pensions for certain categories of pensioners

Pensions for long service, calculated in accordance with Articles 14 and 15 of this Law for officers, warrant officers, midshipmen and long-term military personnel, for commanding and rank-and-file personnel of internal affairs bodies in the amount of less than 200 rubles per month, are increased by 20 rubles per month. At the same time, the pension with an increase should not exceed 200 rubles per month.

Article 17. Increase in pensions for disabled people and war veterans

For officers, warrant officers, midshipmen and military personnel of extended service, for persons of command and rank and file of internal affairs bodies who are war invalids (clause “a” of Article 22), long-service pensions are increased by the amount of the minimum pension provided for in Article 24 of this Law for disabled war veterans from among conscript soldiers and sailors in the corresponding disability group. Officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank and file of internal affairs bodies who served in the active army, partisan detachments and formations or who took part in hostilities in the performance of international duty, if they are not disabled war veterans, long service pensions are increased by 25 percent of the minimum age pension.

Article 18. Supplements to pension for length of service

The following supplements are accrued to the long-service pension assigned to officers, warrant officers, midshipmen and long-term military personnel, to senior and rank-and-file personnel of internal affairs bodies (including those calculated in the minimum amount):

A) non-working pensioners who have dependent disabled family members who belong to the circle of persons provided with a survivor's pension - for each disabled family member in the amount of the social pension established by the USSR Law "On pension provision for citizens in the USSR" for the corresponding category of disabled people. In this case, the bonus is accrued only to those family members who do not receive a labor or social pension. If there is simultaneously the right to a social pension and an allowance for a disabled family member to a long-service pension, at the choice of the pensioner, a social pension may be assigned to the family member or an allowance may be accrued to this family member;

b) pensioners who are disabled people of group I (except for those who have the right to an increase in pension provided for in part one of Article 17), as well as single pensioners who have reached the age of 80, - for care for them in the amount of 30 percent of the minimum age pension.

The allowances provided for in paragraphs “a” and “b” of this article may be accrued simultaneously.

Article 19. Calculation of length of service

The procedure for calculating length of service for the purpose of granting pensions in accordance with this Law for officers, warrant officers, midshipmen and long-term military personnel, for commanding and rank-and-file personnel of internal affairs bodies is determined by the Council of Ministers of the USSR.

III. Disability pensions

Article 20. Conditions for assigning pensions

Disability pensions are assigned to military personnel, commanding and rank-and-file personnel of internal affairs bodies who have become disabled, if the disability occurred during their service or no later than 3 months after dismissal from service, or if the disability occurred later than this period, but due to injury, concussion, injury or illnesses that occurred during the period of service.

Article 21. Determination of disability

The groups and causes of disability, as well as the time of its onset, are established by medical and labor expert commissions (VTEK), acting on the basis of the Regulations on them, approved by the Council of Ministers of the USSR.

Depending on the degree of disability, disabled people are divided into three groups.

Article 22. Causes of disability

Depending on the cause of disability, disabled military personnel, commanding and rank-and-file personnel of internal affairs bodies are divided into the following categories:

a) war invalids - upon the onset of disability due to a wound, concussion or mutilation received during the defense of the USSR or while performing other military service duties (official duties), or a disease associated with being at the front or performing international duty in countries leading fighting;

b) other disabled people from among military personnel, commanding and rank-and-file personnel of internal affairs bodies - upon the onset of disability due to injury received as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to being at the front or fulfilling international duty in countries engaged in hostilities.

Article 23. Amounts of pensions

Disability pensions for military personnel, commanding officers and rank and file of internal affairs bodies are assigned in the following amounts:

a) war invalids of groups I and II - 75 percent, group III - 50 percent of earnings (amount of monetary allowance, hereinafter referred to as earnings);

b) other disabled people of groups I and II - 55 percent, group III - 30 percent of earnings.

Article 24. Minimum pension amounts

The minimum amounts of disability pensions are established:

disabled war soldiers and sailors of conscript service groups I and II - in the amount of 150 percent, group III - 75 percent of the minimum age pension, and other disabled soldiers and sailors of conscript service groups I and II - in the amount of 100 percent, Group III - 50 percent of the minimum age pension;

disabled persons from among sergeants, foremen, corporals and senior sailors of conscript service - in the amount of 110 percent, from among warrant officers, midshipmen and military servicemen of long-term service, persons of command and rank and file of internal affairs bodies - 120 percent, as well as from among officers and persons in command composition (except junior) of internal affairs bodies - 130 percent of the relevant minimum sizes pensions provided for by this article for disabled soldiers and sailors of military service.

Article 25. Increase in pensions for certain categories of disabled people

Disability pensions calculated in accordance with Articles 23 and 24 of this Law for officers, warrant officers, midshipmen and long-term servicemen, for commanding and enlisted personnel of internal affairs bodies in the amount of less than 150 rubles per month are increased by 20 rubles. At the same time, the pension with an increase should not exceed 150 rubles per month.

For group II war invalids who are not entitled to other types of pensions and the care allowance provided for in paragraph "b" of Article 27 of this Law, the minimum pension amounts are increased by 25 percent of the minimum age pension.

Article 26. Assignment of a disability pension in the amount of an old-age or long-service pension

Disabled people of groups I and II from among military personnel, commanding and rank-and-file personnel of internal affairs bodies, who have the length of service necessary for the assignment of an old-age pension, established by the USSR Law "On pension provision for citizens in the USSR" (including on preferential terms), a pension for disability may be assigned in the amount of the old-age pension provided for by this Law with appropriate work experience.

If disabled persons of groups I and II from among officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank and file of internal affairs bodies have the length of service necessary to assign a pension for long service (clause "a" of Article 13), a pension according to disability may be assigned to them in the amount of a long-service pension for the corresponding length of service.

Supplements are accrued to the disability pension assigned to military personnel, commanding and rank-and-file personnel of internal affairs bodies (including those calculated in the corresponding minimum amount):

a) non-working disabled people of groups I and II who have dependent disabled family members who are included in the circle of persons provided with a survivor's pension - for each disabled family member in the amount of the social pension established by the USSR Law "On Pension Provision of Citizens in the USSR" " for the corresponding category of disabled people. In this case, the bonus is accrued only to those family members who do not receive a labor or social pension. If there is simultaneously the right to a social pension and an allowance for a disabled family member to a disability pension, at the choice of the disabled person, a social pension may be assigned to the family member or an allowance may be accrued to this family member;

b) war disabled people of group I in vision and single war disabled people of group II in need of outside help, -100 percent for their care, and for other disabled people of group II who need outside help -50 percent of the minimum age pension.

The allowances provided for in paragraphs “a” and “b” of this article may be accrued simultaneously.

Article 27. Supplements to disability pension

Article 28. Increase in disability pensions for war participants

Military personnel, commanding and rank-and-file personnel of internal affairs bodies who served in the active army, partisan detachments and formations, or who took part in hostilities in the performance of international duty, receive a disability pension resulting from the reasons specified in paragraph "b" of Article 22 of this Law (including calculated in the corresponding minimum amount), increases by 25 percent of the minimum age pension.

Article 29. Terms of assignment and payment of disability pensions

Disability pensions for military personnel, commanding and enlisted personnel of internal affairs bodies are assigned for the entire period of disability established by the VTEC, and for disabled men over 60 years of age and women over 55 years of age for life with re-examination of these disabled people only upon their application.

In case of recognition of a pensioner who has not reached retirement age If he is able to work, the pension is paid to him until the end of the month in which he is recognized as able to work, but no longer than until the day on which disability is established.

Article 30. Recalculation of pension when changing the disability group

With a change in the disability group following the assignment of a pension, the size of the pension changes accordingly. Moreover, if a war disabled person’s disability increases due to a general illness, work injury or occupational disease, the pension is recalculated according to the new disability group, preserving its cause.

Article 31. Resumption of pension payment during breaks in disability

If a disabled member of the military, commanding and enlisted personnel of internal affairs bodies misses the period of re-examination at the VTEC, the payment of his pension is suspended and if he is recognized as disabled again, it is resumed from the date of suspension, but no more than one month before the day of re-examination.

If a disabled person misses the deadline for re-examination for a good reason, payment of his pension is resumed from the date of suspension, but no more than 3 years before the day of re-examination, if VTEK recognizes him as disabled during this period. Moreover, if during re-examination the disabled person is assigned a different disability group, the pension for the specified time is paid according to the previous disability.

IV. Survivor's pensions

Article 32. Conditions for assigning pensions

Pensions in the event of the loss of a breadwinner to the families of military personnel, commanding and rank-and-file personnel of internal affairs bodies are assigned if the breadwinner died during the period of service or no later than 3 months after dismissal from service or later than this period, but due to a wound, concussion, injury or illness that had place during the period of service, and to the families of pensioners from among these military personnel, commanding officers and privates, if the breadwinner died while receiving a pension or no later than 5 years after the termination of pension payment. At the same time, the families of military personnel who went missing during hostilities are equated to the families of those killed at the front.

Article 33. Family members entitled to a pension

The right to a pension in the event of the loss of a breadwinner is available to disabled family members of deceased (deceased) military personnel, commanding and rank-and-file personnel of internal affairs bodies, who were their dependents.

Regardless of whether the breadwinner is dependent, the pension is assigned to: disabled children; disabled parents and spouse, if after the death of the breadwinner they have lost their source of livelihood; disabled parents and wives of military personnel who died at the front or while performing international duty in countries fighting.

When determining the right to a pension in the event of the loss of a breadwinner, the following family members are considered disabled:

a) children, brothers, sisters and grandchildren who have not reached 18 years of age or older than this age, if they became disabled before reaching 18 years of age, and are students of vocational schools, secondary specialized and higher educational institutions - until the end of these educational institutions, but no longer than until they reach 23 years of age. At the same time, brothers, sisters and grandchildren have the right to a pension if they do not have able-bodied parents; b) father, mother and spouse, if they have reached retirement age: men - 60 years old, women - 55 years old, or are disabled;

c) a spouse or one of their parents or a grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner under 8 years of age and does not work;

d) grandfather and grandmother - in the absence of persons who are legally obliged to support them.

For parents and wives of certain categories of deceased military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Council of Ministers may establish other conditions for granting a pension in the event of the loss of a breadwinner.

Article 34. Family members considered dependents

Family members of the deceased are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Family members of the deceased, for whom his assistance was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to new pension.

Article 35. Payment of pensions to children who are fully supported by the state

For children who have lost both parents (orphans), for the period of being on full state support, pensions are paid in full size.

Other children who were fully supported by the state are paid 25 percent of the assigned pension.

Article 36. Right to pension of adoptive parents and adopted children

Adoptive parents have the right to a pension on the same basis as their parents, and adopted children have the right to a pension on the same basis as their own children.

Minors who have the right to a survivor's pension also retain this right upon adoption.

Article 37. The right to pension of stepfather and stepmother, stepson and stepdaughter

Stepfathers and stepmothers have the right to a pension on the same basis as their father and mother, provided that they raised or supported the deceased stepson or stepdaughter for at least 5 years.

A stepson and stepdaughter, if they did not receive alimony from their parents, have the right to a pension on the same basis as their own children.

Article 38. Maintaining a pension upon entering into a new marriage

The pension assigned on the occasion of the death of a spouse is also preserved when the pensioner enters into a new marriage.

Article 39. Amount of pensions

Pensions in the event of loss of a breadwinner are assigned in the following amounts:

a) families of military personnel, commanding and rank-and-file personnel of internal affairs bodies who died as a result of a wound, concussion or injury received while defending the USSR or while performing other military service duties (official duties), or as a result of a disease associated with being at the front or performing international debt in countries engaged in hostilities - 40 percent of the breadwinner's earnings for each family member. The same pension amounts, regardless of the cause of death of the breadwinner, are calculated for the families of deceased pensioners from among war invalids and families that include children who have lost both parents (orphans);

b) families of military personnel, commanding and rank-and-file personnel of internal affairs bodies who died as a result of an injury received as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to being at the front or performing international duty in in countries undergoing hostilities, -30 percent of the breadwinner’s earnings for each disabled family member.

Article 40. Minimum pension amounts

Pensions in the event of the loss of a breadwinner assigned to the families of military personnel, commanding and rank-and-file personnel of internal affairs bodies, per each disabled family member cannot be lower than:

a) when calculating pensions in accordance with paragraph "a" of Article 39 of this Law: for the families of soldiers and sailors of conscript service - 100 percent, for the families of sergeants, foremen, corporals and senior sailors of conscript service - 110 percent, for the families of warrant officers, midshipmen and military personnel of long-term service, persons of command and rank and file of internal affairs bodies - 120 percent, and for families of officers and persons of command (except junior) of internal affairs bodies - 130 percent of the minimum age pension;

b) when calculating pensions in accordance with paragraph "b" of Article 39 of this Law - 75 percent of the amount provided for in paragraph "a" of this article for the families of the corresponding categories of military personnel, commanding and rank-and-file personnel of internal affairs bodies.

Article 41. Calculation of pensions for orphans

For families of conscripts, which include children who have lost both parents (orphans), the survivor's pension can be calculated from the total earnings of both parents according to the standards established by the USSR Law "On pension provision for citizens in the USSR".

Article 42. Period for which a pension is assigned

The survivor's pension is established for the entire period during which a family member of the deceased is considered incapacitated (Article 33), and family members who have reached 60 years of age for men and 55 years for women - for life.

Article 43. Assignment of one pension to all family members. Allocation of pension share

For all family members entitled to a pension, one general pension.

At the request of a family member, his share is allocated and paid to him separately.

The allocation of the share is made from the first day of the month following the month in which the application for division of the pension was received.

Article 44. Change in the amount of pension and termination of its payment

If a change occurs in the composition of a family that has been assigned a survivor's pension, as a result of which individual family members or the family as a whole lose the right to a pension, the pension will be recalculated or its payment will be terminated from the first day of the month following the month in which which the change occurred.

Article 45. Procedure and terms for establishing disability for family members

Family members who are disabled are accordingly subject to the rules on the procedure and deadlines for determining disability, set out in Articles 21, 29 and 31 of this Law.

V. Calculation of pensions

Article 46. Earnings (salary) for calculating pensions

Pensions assigned in accordance with this Law to conscripts and their families are calculated according to established standards as a percentage of the average monthly earnings that military personnel received before being called up for military service or after leaving military service before applying for a pension, or to the average monthly salary, received by military personnel during military service under a contract. In this case, the average monthly earnings (monetary allowance) for calculating their pensions will be determined in the manner established by the USSR Law “On pension provision for citizens in the USSR”.

For conscripts who did not work before being called up for military service and after leaving military service, who were not in military service under a contract, and their families, pensions are established by Articles 24 and 40 of this Law.

Pensions for officers, warrant officers, midshipmen and long-term servicemen, commanding and rank-and-file personnel of internal affairs bodies and their families are calculated from the monetary allowances of these military personnel, commanding and rank-and-file personnel. At the same time, to calculate their pensions, the corresponding salaries by position, military or special rank and the percentage bonus for length of service (continuous work) are taken into account in the manner and amount determined by the Council of Ministers of the USSR.

Article 47. Recalculation of pensions from higher earnings

For pensioners from among conscript servicemen who have worked for at least 2 years after the award of a disability pension with higher earnings than the one from which the pension was calculated, it is established upon their application new size pensions based on earnings determined in the manner prescribed by the USSR Law “On pension provision for citizens in the USSR”. Under the same conditions, the pension assigned in the minimum amount due to lack of earnings is recalculated.

In the event of a further increase in the pensioner's earnings, a new recalculation of the pension is made at his request. Each subsequent recalculation of the pension is made no earlier than 2 years of work after the previous recalculation.

Article 48. Calculation of pensions for families of pensioners

For families of pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies, pensions in the event of the loss of a breadwinner are calculated from the same earnings (monetary allowance) from which the breadwinner's pension was calculated.

For the families of pensioners from among military personnel who had the right to recalculate their pension in the manner prescribed by Article 47 of this Law, pensions in the event of the loss of a breadwinner are calculated from the earnings from which the specified recalculation of the pension was made or could be made.

Article 49. Increasing minimum pensions and earnings limits

The minimum amounts of pensions assigned to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families, bonuses to these pensions determined on the basis of the minimum wage, as well as the maximum amount of earnings taken into account for calculating pensions for conscripts and their families, increase from increasing the minimum wage. When increasing them, they are made from July 1, if the increase in the minimum wage was made before July 1, and from January 1 next year, if the minimum wage increase was made on July 1 or later.

Article 50. Application of regional coefficients to pension amounts

Pensioners from among military officers, warrant officers, midshipmen and long-term servicemen, commanding and rank-and-file personnel of internal affairs bodies and members of their families living in areas where regional coefficients are established for the wages of workers and employees, for the period of their residence in these areas pensions assigned in accordance with this Law (including in minimum amounts) are calculated using the corresponding regional coefficient established in a given region for workers and employees in non-production sectors, but not more than a coefficient of 1.5.

For pensioners from among conscripts and members of their families, pensions for the period of residence in areas where regional coefficients are established for the wages of workers and employees are calculated in the manner established by the USSR Law “On Pension Provision of Citizens in the USSR”.

VI. Assignment of pensions

Article 51. Application for pensions

Applications for the assignment of pensions to conscripts and members of their families are submitted to the district (city) department of social security or the corresponding other social security body * at the place of residence, and to officers, warrant officers, midshipmen and military personnel of extended service, to commanding officers and enlisted personnel internal affairs bodies and members of their families - to the pension authorities of the USSR Ministry of Defense. Ministry of Internal Affairs of the USSR or State Security Committee of the USSR.

Article 52. Bodies assigning pensions and deadlines for reviewing documents on assigning pensions

Pensions for conscripts and their families are assigned by commissions for the assignment of pensions, as well as for officers, warrant officers, midshipmen and long-term servicemen, commanding and enlisted personnel of internal affairs bodies and their families - by the pension authorities of the Ministry of Defense of the USSR, the Ministry of Internal Affairs of the USSR or the Committee state security of the USSR (taking into account the first part of Article 10).
_______________________
*Hereinafter referred to as the district (city) department of social security.

Documents on the assignment of pensions are considered by the authorities assigning pensions no later than 10 days from the date of their receipt.

Article 53. Deadlines for assigning pensions

Pensions in accordance with this Law are assigned:

a) for conscripts - from the day of discharge from the hospital, no earlier than from the day of dismissal from military service, if the establishment of VTEC disability and application for a pension followed no later than 3 months, respectively, from the date of discharge from the hospital or from the date of dismissal from military service, and for families of conscripts and pensioners from among these military personnel - from the date of death of the breadwinner or the emergence of the right to a pension, but no more than 12 months before applying for a pension. For the parents or spouse of the specified military personnel and pensioners who have acquired the right to a pension due to the loss of their source of livelihood, a pension is assigned from the day they apply for a pension;

b) persons of officers, warrant officers, midshipmen and military personnel of extended service, persons of command and rank-and-file personnel of internal affairs bodies - from the day of dismissal from service, but not earlier than the day before which they were satisfied with monetary allowance, and to the families of these military personnel, persons of command and ordinary personnel and pensioners from among them - from the day of death of the breadwinner, but not earlier than the day before which he was paid cash allowance or pension, except for the following cases of assigning them pensions with more late dates:

for the specified military personnel, persons of command and rank and file, recognized as disabled after 3 months from the date of dismissal from service or as a result of an accident or illness that occurred after dismissal - from the day the disability was established, and for those sentenced to imprisonment - from the day of applying for a pension after release from prison;

family members of the specified military personnel, commanding and enlisted personnel and pensioners from among those who acquired the right to a pension after the death of the breadwinner from the date the right to a pension arose, and parents or spouses who acquired the right to a pension due to the loss of a source of livelihood from the date of application for pension.

In case of late application, a pension for the past is assigned from the date the right to a pension arises, but no more than 12 months before applying for a pension.

Article 54. Time limits for recalculation of assigned pensions

If circumstances arise that entail a change in the size of pensions assigned to conscripts and their families, these pensions are recalculated in accordance with the deadlines established by the USSR Law “On Pension Provision of Citizens in the USSR”.

The recalculation of pensions assigned to officers, warrant officers, midshipmen and long-term servicemen, commanding and rank-and-file personnel of internal affairs bodies and their families is carried out from the first day of the month following the month in which circumstances occurred that entailed a change in the amount of the pension. Moreover, if a pensioner has acquired the right to an increase in pension, the difference in pension for the past can be paid to him for no more than 12 months.

VII. Payment of pensions

Article 55. Bodies paying pensions

Pensioners from among military personnel and members of their families are paid pensions by social security authorities at the place of actual residence of the pensioner, regardless of registration.

Pensions are paid to pensioners from among officers, warrant officers, midshipmen and military personnel of extended service, commanding and ordinary personnel of internal affairs bodies and members of their families by institutions of the USSR Savings Bank at the place of actual residence of the pensioner, regardless of registration, on the basis of relevant documents drawn up by pension bodies of the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee.

Article 56. Payment of pensions to pensioners in the presence of earnings or other income

Pensions assigned in accordance with this Law are paid in full, regardless of whether the pensioner has earnings or other income.

Article 57. Payment of pensions for the past

Pension amounts accrued to a pensioner from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families and not claimed by him in a timely manner are paid for the past no more than 3 years before applying for a pension.

Pension amounts not received by the pensioner in a timely manner due to the fault of the appointing body or paid for the past without any limitation to any period.

Article 58. Payment of pensions to pensioners living in boarding houses

Single pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies, living in boarding houses (boarding houses) for the elderly and disabled, are paid the difference between the pension and the cost of abstinence in the boarding house (boarding house), but not less than 25 percent of the assigned pension and at least 20 percent of the minimum age pension per month. If a pensioner living in a boarding house (boarding house) for the elderly and disabled has disabled family members who were dependent on him and belong to the circle of persons provided with a pension in the event of the loss of a breadwinner, the pension is subject to payment in the following order: 25 percent of the pension, but no less than 20 percent of the minimum age pension is paid to the pensioner himself, and the rest of the pension, but not more than 50 percent of the assigned amount, is paid to the specified members of his family.

Pensioners from among family members of military personnel, commanding and rank-and-file personnel of internal affairs bodies, while living in boarding houses (boarding houses) for the elderly and disabled, are paid 10 percent of the assigned pension, but not less than 20 percent of the minimum age pension per month. In cases where the amount of their pension exceeds the cost of living in a boarding house (boarding house), they are paid the difference between the pension and the cost of maintenance, but not less than 10 percent of the assigned pension and not less than 20 percent of the minimum age pension per month.

Article 59. Payment of pensions during hospitalization

During the pensioner's stay in hospital treatment (in a hospital, clinic, hospital and other medical institutions), as well as in a leper colony, the pension is paid in full.

Article 60. Suspension of pension payment during imprisonment

If a pensioner is deprived of his liberty, payment of the assigned pension is suspended for the duration of the deprivation of liberty.

Article 61. Deductions from pensions

Deductions from pensions assigned to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families are made in the manner established by the USSR Law "On pension provision for citizens in the USSR". At the same time, the amounts of pensions excessively paid to pensioners from among officers, warrant officers, midshipmen and military personnel of extended service, commanding and rank-and-file personnel of internal affairs bodies and members of their families due to abuse on their part, are withheld on the basis of decisions of the pension authorities of the USSR Ministry of Defense, Ministry of Internal Affairs of the USSR and the State Security Committee of the USSR.

Article 62. Payment of pension in case of death of a pensioner

Amounts of pensions due to a pensioner from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families and remaining uncollected due to his death are not included in the inheritance and are paid to those members of his family who are included in the circle of persons provided with a pension on the occasion of the loss of a breadwinner.

However, parents and spouse, as well as family members living with the pensioner on the day of his death, are entitled to receive these amounts even if they are not included in the circle of persons provided with a survivor's pension.

When several family members communicate, the amount of pension due to them is divided equally between them.

The above amounts are paid if the application for them follows no later than 6 months after the death of the pensioner.

In the event of the death of a pensioner, his family is paid a funeral benefit in the amount of two months' pension.

If the funeral of a pensioner is carried out by persons other than members of his family, the benefit is paid to him in an amount not exceeding the funeral expenses actually incurred within the specified amount of the benefit.

Article 63. Payment of pensions when traveling abroad

Military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families who have gone abroad for permanent residence are not granted a pension in the USSR.

Pensions assigned to these persons in the USSR before leaving for permanent residence abroad are paid in the manner prescribed by the USSR Law "On pension provision for citizens in the USSR".

VIII. The procedure for recalculating pensions

Article 64. Recalculation of previously assigned pensions

Recalculation of previously assigned pensions to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families in connection with the entry into force of this Law is carried out according to the documents available in the pension file at the time of recalculation. If the pensioner subsequently submits additional documents giving the right to a further increase in the pension, the recalculation is made for the past, but not more than 12 months from the date of submission additional documents and not earlier than from the date of entry into force of this Law.

Article 65. Earnings taken into account when recalculating pensions

Recalculation of pensions assigned to conscripts and their families before the entry into force of this Law, at the choice of the pensioner, is made from the average monthly earnings for 5 years before the entry into force of the Law or before the assignment of a pension, or from the earnings from which the pension was previously calculated.

Article 66. Increase in pensions in connection with changes in the cost of living index and wage growth

Pensions calculated from earnings (monetary allowance) in accordance with Articles 14, 15, 23-26, 39 and 40 of this Law are increased annually taking into account changes in the cost of living index and wage growth in the manner determined by the Supreme Soviet of the USSR, but not less than 2 percent of earnings (salary) from which the pension is calculated.

On the procedure for enacting the USSR Law "On pensions for military personnel"

Supreme Soviet of the USSR

decides:

1. Enter into force the USSR Law “On pensions for military personnel”* from January 1, 1991, and in terms of pensions for war veterans, other war participants and families of fallen servicemen - from October 1, 1990.
________________________
* In further presentation - the Law.

2. Pensions assigned to conscripts and their families before the entry into force of the Law, including minimum ones, upon recalculation, are increased to the amounts established by the Law, with appropriate allowances, but not less than 5 rubles per month in cases of retirement up to 5 years inclusive, for 10 rubles - from 5 to 10 years, for 15 rubles - from 10 to 15 years, for 20 rubles - from 15 to 20 years, for 30 rubles - from 20 to 25 years, for 40 rubles - from 25 years or more (excluding the increase provided for in Article 28 of the Law).

With a subsequent increase in the minimum pension amount due to an increase in the minimum wage, pensions are recalculated without taking into account the specified increase in pensions by 5-40 rubles.

3. The recalculation of pensions assigned to officers on long-term service, commanding and rank-and-file personnel of internal affairs bodies and their families before the entry into force of the Law is carried out in the following order:

a) pensions for long service, disability and loss of a breadwinner, including minimum ones, are recalculated according to the standards established by the Law, based on the norms and types of monetary allowance established on the day of entry into force of this Law, taken into account when calculating pensions, for the corresponding categories of military personnel, commanding and rank and file personnel of internal affairs bodies in service. In this case, pensions are increased by no less than 5-40 rubles, depending on the length of retirement provided for in paragraph 2 of this Resolution (without taking into account the increase provided for in the second part of Article 17 and Article 28);

b) old-age pensions assigned to officers in accordance with previously applicable legislation are increased by 40 rubles per month. At the request of these pensioners, they may be assigned long-service pensions or disability pensions in accordance with the standards established by the USSR Law “On Pension Provision of Military Personnel,” or old-age pensions in accordance with the USSR Law “On Pension Provision of Citizens in the USSR.”

4. In addition to the increases provided for in paragraphs 2 and 3 of this resolution, survivors’ pensions for deceased military personnel paid to parents and wives (who have not remarried), as well as survivors’ pensions for those disabled since childhood due to wounds, shell shocks and injuries associated with hostilities during the Great Patriotic War or their consequences are increased by 15 percent of the minimum age pension.

5. Preserve the procedure in force before the entry into force of the Law:

assignment and payment of pensions to military cosmonauts and their families;

payment of pensions to pensioners from among military personnel, commanding and rank-and-file personnel of internal affairs bodies and members of their families who previously went abroad, if this procedure provides for more preferential conditions than established by the Law.

6. To the Council of Ministers of the USSR:

adopt, within two months, the necessary regulations on the application of the USSR Law “On Pension Provision of Military Personnel” on issues within the competence of the USSR Council of Ministers by the Law. At the same time, in accordance with Article 46 of the Law, when calculating pensions, ensure unity in determining the monetary allowance of various categories of military personnel of the Armed Forces of the USSR, troops and bodies of the State Security Committee of the USSR, internal troops, railway troops and other military formations, commanding and rank-and-file personnel of internal affairs bodies ;

implement measures to ensure timely completion of work on recalculation, assignment and payment of pensions in accordance with the Law;

submit to the Supreme Soviet of the USSR proposals on the procedure and timing for increasing pensions in connection with changes in the cost of living index and wage growth (Article 66 of the Law) simultaneously with the draft Law on Indexation of Population Income.

7. Grant to the USSR State Committee for Labor and Social Affairs, during the period of recalculation of pensions in accordance with the Law, the right to make, jointly with the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee, decisions on the procedure for its application, including those relating to certain categories of military personnel, persons of command and rank and file of internal affairs bodies, mandatory for ministries and departments of the USSR and union republics.

On the procedure for enacting the USSR Law "On pensions for military personnel"

Document's name:	On the procedure for enacting the USSR Law "On pensions for military personnel" On pension provision for military personnel (not applicable on the territory of the Russian Federation since 02/01/1993)
Document Number:	1467-1
Document type:	USSR Law Resolution of the Supreme Soviet of the USSR
Receiving authority:	Supreme Soviet of the USSR
Status:	Inactive
Published:	Izvestia, N 152, 05/31/1990 Gazette of the Supreme Soviet of the USSR, N 23, 1990, art. 414, 415
Acceptance date:	April 28, 1990
Start date:	01 January 1991
Expiration date:	01 February 1993

1. CONSTITUTIONAL LAW, MUNICIPAL LAW (SPECIALTY 12.00.02)

1.1. DEFORMATION OF MILITARY PENSIONS IN RUSSIA IN 1990-2011

Khmelevsky Sergey Vladimirovich, Ph.D., Associate Professor. Email: [email protected]

Abstract: The article is devoted to the study of pension provision for military personnel in post-Soviet Russia. It, in particular, established that as a result of changes in military-social legislation, Russian military pensioners actually lost many socially significant benefits and guarantees previously provided for by laws and other regulatory legal acts former USSR. Their state pension provision turned out to be distorted and unable to adequately respond to inflation. Pensions in the Russian Ministry of Defense in monetary terms have become several times less than those of former officials and pensioners of other “security” departments.

Key words: military pension; military

social legislation; pension reform; pension system; state pension provision.

DEFORMATION OF MILITARY PENSION IN RUSSIA IN 19902011 YEARS

Khmelevsky Sergey Vladimirovich, PhD at law, associate professor. Email: [email protected]

Annotation: Article devoted to the study of pension "s provision of military serviceman in the post-Soviet Russia. In it, in particular, found, that due to changes in military-social legislation the Russian military pensioners lost many of socially significant privileges and guarantees, provided by the earlier laws and other normative acts of the Soviet Union. Their state-pension"s provision was deformed, unable to adequately respond to inflation. Pensions in the Russian Defense Ministry in monetary terms are several times lower than that of former civil servants and pensioners of other “powerful” agencies.

Keywords: military pension; military-social legislation; pension reform; pension system; state-pension's provision.

In the early 1990s, Russian military pensioners were considered normally protected in economic and legal terms. Military pensions in our country in monetary terms were approximately an order of magnitude lower than the pensions of military personnel in the United States and other economically developed Western countries, but were several times higher than the pensions of various categories of citizens of the USSR (RSFSR - Russia), including employees of civil public authorities, were clearly and proportionally indexed simultaneously with the increase in the pay of military personnel1. On

1In particular, having served in the Soviet Army or Navy for 20-25 calendar years, a senior officer was transferred to the reserve or retired in 1990 (with the military rank of “major” / “captain 3rd rank” / - “colonel / “captain 1st rank” "/), received a state pension pension equal to approximately 70-75% of the salary of the corresponding categories of military personnel, approximately 1.9-2.2 times higher than the average salary in the country and approximately 2.3-2.6 times higher than -

Our veterans of military service were extended many socially significant benefits, which they had the right to use already if they had 20 or more years of military service behind them in calendar and (or) preferential terms.

Subsequently, especially in the 2000s, the situation began to gradually change due to the fact that in the repeatedly reformed national pension system Russia has developed systems based on, respectively, labor, social pensions, pensions under state pension provision, between which there are fundamental differences due to specific mechanisms for their formation and regulation. Pension reform further differentiated these systems, depending, for example, on the type of public service, where it is currently customary to distinguish: civil service (state and municipal), military service and law enforcement service.

At the same time, pension - in particular and social - guarantees in general for state civil servants at the federal and regional levels, judges, staff members of the prosecutor's office, Investigative Committee Russian Federation, some other categories of law enforcement officers. Their state pension provision has not only improved quantitatively, but also qualitatively, and therefore it is not surprising that monthly pension payments to a number of former high-ranking officials in post-Soviet Russia reach several hundred thousand rubles2.

And, on the contrary, as a result of changes in military-social legislation carried out, as a rule, unnoticed by the bulk of military personnel in 2000-2011, they de facto lost many socially significant guarantees established earlier by legislative and other normative acts of the former USSR, and the system their state

the current average pension, which was paid to employees and officials (there was no division of pensions into labor and state pensions for civil servants at that time). In concrete monetary terms, such a “Soviet” military pension was 230-260 full “Soviet” rubles (or $270-300). For comparison: the average salary of a qualified engineer was 120 rubles, the average pension in the USSR was 90 rubles. That same year, pensions for senior officers in the US military ranged from $1,723 to $3,789. See: Korovnikov A.V. Social protection of military personnel: formation, development and legal regulation. - M., 1995; Starikov V., Budakov D. Pension provision for US military personnel // Foreign Military Review. - 1990. - No. 6.

2The pension of the former mayor of Moscow Yu.M. Luzhkov, dismissed from office by decree of the President of Russia D.A. Medvedev due to “loss of trust,” exceeds the all-Russian one by 32.5 times and reaches 247 thousand rubles per month //Dmitrienko D., Myazina E. Luzhkov’s pension may be 32.5 times higher than the all-Russian one //Vedomosti. - 09/30/2010. The State Assembly of the Republic of Bashkortostan adopted a law guaranteeing the former head of Bashkiria M.G. Rakhimov to receive monthly pension payments in the amount of 750 thousand rubles //Rodin I. Dear pensioner Murtaza Rakhimov. Unprecedented pension payments have been established for the outgoing president of Bashkiria // Nezavisimaya Gazeta. -

07/16/2010. The first president of Tatarstan, M.Sh. Shaimiev, upon retirement, received a monthly lifelong pension equivalent to 351.8 thousand rubles //RIA-Novosti -

07/16/2010 //http://news.mail.rU/inregions/volgaregion/2/4120659.

pension provision, as has happened more than once in the history of our country, having become the basis for the formation of a system of state pension provision for civil servants3, began to deform for the worse in comparison with its analogue that existed in last years USSR4.

Thus, on the basis of Article 43, which was in force until the end

2011 edition of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service...”, for calculating pensions for military personnel under state pension provision in the manner determined by the Government of Russia, the following were taken into account:

1) salaries according to position, military or special rank (without taking into account the increase in salaries for service in remote, high mountain areas and other special conditions);

2) percentage bonus for length of service, including payments in connection with indexation of salary5.

Based on Article 49 of the same version of the Law, pensions assigned to military personnel were subject to review if any of the following grounds arose, including those that arose simultaneously:

1) when increasing the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the relevant categories of military personnel taken into account when calculating pensions simultaneously with its increase;

2) with an increase in the estimated amount of the pension provided for in Part 1 of Article 46 of this Law, simultaneously with its increase6.

It is no coincidence that the author focused on the version of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service,” which was in force until the end of 2011, since it was already significantly different from previous editions. The fact is that from the moment of its adoption until the end of 2011, over three dozen complex changes were introduced into this Law7! IN

3For example, during the reign of the Russian Emperor Nicholas I (years of life: 1796-1855), the pension system for officials was sharply “adjusted” to the standards of the pension system for military personnel, as a result of which the first received positive development, and the second almost “failed.”

4This is despite the fact that, in accordance with a number of international treaties concluded within the CIS, the level of pension provision for military personnel established by the legislation of the member states of the Commonwealth cannot be lower than the level previously established by legislative and other regulatory legal acts of the former USSR //Agreement on Procedure pension provision for military personnel and their families and state insurance for military personnel of the CIS member states (Tashkent, 05/15/1992) // Bulletin of International Treaties. - 1994. - No. 6; Agreement between the CIS member states on social and legal guarantees for military personnel, persons discharged from military service, and members of their families (Minsk, 02/14/1992) // Commonwealth. - 1992. - No. 2.

5Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" // Russian newspaper(federal release). - 02/26/1993; Consultant Plus. - 2012. - March 20.

6Article 49 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service.” as amended by the Federal Law of Russia dated December 3, 2007 No. 319-FZ.

7 Changes to the Law under consideration are successively introduced

were subject to federal laws of Russia dated: November 28, 1995 No. 186-FZ;

As a result, the content of a number of articles of the Law (including Article 49) has radically changed, and not for the better for military pensioners.

For comparison: in accordance with the earlier version of Article 49 of the Law, pensions assigned to military personnel were subject to revision:

a) when the cost of living and wages increase - in accordance with the legislation of the Russian Federation on the indexation of cash income and savings of the population;

b) when increasing the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the corresponding categories of military personnel taken into account when calculating pensions simultaneously with its increase;

c) upon an increase in the minimum old-age pension established by federal law.

As we can see, the following were excluded from the grounds for revising pensions assigned to military personnel transferred to the reserve or retired: an increase in the cost of living and wages and an increase in the minimum old-age pension established by federal law.

In addition, the interconnection of legal norms was violated, according to which the amounts of pay for military personnel serving under contract and, accordingly, military pensions were subject to revision in proportion to the increase in salaries of the corresponding categories of civil servants (at the same time, the amounts of pay for military personnel were to be revised by the Government of Russia in the procedure and terms provided for federal civil servants / clause 2 of article 12 of the Federal Law of the Russian Federation of May 27, 1998 No. 76-FZ “On the status of military personnel”8, article 6 of the Federal Law of the Russian Federation of June 19, 2000 No. 82 -Federal Law “On the minimum wage”9/).

In fact, this relationship has been repeatedly violated. Thus, during the period 01/01/1995 - 02/28/1998, military pensioners did not have their pensions revised due to a 25% increase in the official salaries of military personnel. The Russian government postponed the resolution of this conflict indefinitely. In October 2007, one of them reported this violation of the rights of military pensioners to the Head of our state during a “direct line”. The issue of revising military pensions was resolved “retroactively”, only thanks to the personal intervention of the President of Russia, who on October 18, 2007 promulgated Decree No. 1373c “On certain measures to ensure social security”

December 27, 1995 No. 211-FZ; 12/19/1997 No. 153-FZ; 07/21/1998 No. 117-FZ; 01.06.1999 No. 110-FZ; 06.12.2000 No. 141-FZ; 04/17/2001 No. 47-FZ;

December 30, 2001 No. 194-FZ; 01/10/2002 No. 3-FZ; 04.03.2002 No. 22-FZ;

05.29.2002 No. 60-FZ; 06/12/2002 No. 68-FZ; 06/30/2002 No. 78-FZ;

07/25/2002 No. 116-FZ; 01/10/2003 No. 2-FZ; 06/30/2003 No. 86-FZ;

06.29.2004 No. 58-FZ; 08/22/2004 No. 122-FZ (as amended by

December 29, 2004 No. 199-FZ); 02.02.2006 No. 20-FZ; December 21, 2006 No. 239-FZ; December 30, 2006 No. 272-FZ; 01.12.2007 No. 311-FZ; 03.12.2007 No. 319-FZ;

02/13/2008 No. 3-FZ; 05/08/2008 No. 64-FZ; 07/22/2008 No. 156-FZ;

04/28/2009 No. 70-FZ; 07/24/2009 No. 213-FZ; 09.11.2009 No. 253-FZ;

06/21/2010 No. 122-FZ; 12/10/2010 No. 354-FZ; 07/01/2011 No. 169-FZ;

07/19/2011 No. 247-FZ //ConsultantPlus. - 2012. - March 20. 8Federal Law of the Russian Federation dated May 27, 1998

No. 76-FZ “On the status of military personnel” // SZ RF. - 1998. - No. 22. -Art. 2331; Consultant Plus. - 2012. - March 20.

9Federal Law of the Russian Federation dated June 19, 2000 No. 82-FZ “On the minimum wage” // SZ RF. -2000. - No. 26. - Article 2729; Consultant Plus. - 2012. - March 20.

shields for certain categories of pensioners"10, to which the Russian Government was instructed to provide persons who had previously served in military service with a one-time additional payment to their military pensions in connection with an increase in official salaries for military personnel by 25% for the period 01/01/1995 - 02/28/199811.

Further, from 01.03.2005, an increase was made in the monetary allowance of military personnel through the introduction of a monthly bonus in the amount of one official salary, but this bonus was not taken into account when calculating and recalculating military pensions12. In the same year, the size of the bonus for the complexity and intensity of service was increased for military personnel (in the capital region up to 200% of the official salary), however, this was not taken into account when calculating and recalculating military pensions13. The situation was similar with regard to numerous other allowances, bonuses, and incentive payments to military personnel who were active until the end of 201114.

As a result, Russia has developed the practice of increasing the level of pay for military personnel through the introduction of allowances and other additional payments to their pay through various by-laws and regulatory legal acts. The basis of the specified content - salaries according to position, military or special rank - remained, in fact, without revision adequate to inflation in the country and, therefore, the legally provided recalculation towards increasing military pensions was not carried out properly, and their replacement rate sharply decreased.

Until recently, the calculation of pensions assigned to persons who served in military service included the actual value of the food rations issued to them (cash compensation for food rations). During the period 01/01/2000 - 31/11/2007, the calculation included a clearly underestimated amount of money: 20 rubles per day. Most military pensioners put up with this state of affairs, but thousands went to court and won their cases15. This became the subject of consideration by the Constitutional Court of Russia, which, in its decision dated December 14, 2004 No. 429-O, recognized that the concept of “monetary allowance for calculating pensions for military personnel” differs from the concept of “monetary allowance”

10Decree of the President of Russia dated October 18, 2007 No. 1373c “On some measures to ensure social protection certain categories of pensioners" // RG (federal issue). - 10.20.2007.

11For more information about this, see: Gatsko M.F. Social and legal problems of pension provision for military personnel // Strategic Stability. - 2005. - No. 2 (31). - P.41-42.

12Decree of the President of Russia dated February 18, 2005 No. 177 “On monthly monetary incentives for certain categories of military personnel and employees with special ranks” // RG (federal issue). - 02/25/2005; Consultant Plus. - 2012. - March 20.

13See: Order of the Minister of Defense of Russia dated 02/05/2005 No. 33 “On the establishment of salaries for military positions of military personnel serving under a contract, and on the payment of a monthly allowance for the complexity, intensity and special regime of military service for certain categories of military personnel” // RG (federal release). - 03/03/2005.

14See, for example: Order of the Minister of Defense of Russia dated

02/24/2011 No. 400 “About additional payments officers serving in military formations, formations and military units of the Armed Forces of the Russian Federation in 2011” // ConsultantPlus. - 2012. - March 20.

15According to the auditor of the Accounts Chamber of Russia A.A. Piskunov,

in 2004-2005, the courts accepted 5 thousand positive

decisions on claims for compensation of the real cost of food rations.

Amounts awarded monetary compensation for food

ek amounted to 60 thousand rubles // Zhirnova I. Accounts Chamber

issued an invoice //Red Star. - 10/19/2005.

nal allowance for military personnel”, enshrined in Articles 12 and 13 of the Federal Law “On the Status of Military Personnel”, and has an independent regulatory and legal significance for the purposes of calculating and revising military pensions: an increase in any component of the monetary allowance of military personnel for calculating their pension under state pension provision, in including the cost of food rations as a specific form of food supply for military personnel, it is also necessary to review military pensions16.

It is significant that, according to a group of deputies of the State Duma of the Federal Assembly of the Russian Federation, by the end of 2007, the state’s debt to military pensioners (those who did not go to court) in terms of unpaid compensation for food rations reached 100 billion rubles. (for comparison: this is slightly less than 1/8 of the country’s defense spending provided for by the federal budget in 2007 in the amount of 822 billion rubles)17.

The Russian government responded to the current situation inadequately. He, in particular, initiated changes to the regulatory legal acts regulating the monetary allowance and food supply of military personnel, full-time employees of some federal executive bodies and their pension provision, according to which, from December 1, 2007, the cost of food rations is included in the monetary allowance taken into account for calculation of pensions, was no longer included, but, nevertheless, was preserved - by “absorbing” it with the salary of a military (special) rank. The calculation of salary for a military (special) rank did not include the actual cost of food rations (according to expert calculations, amounting to -2000-4000 rubles in 2001-2007), but, again, its underestimated cost - 608 rubles. per month or 20 rubles. per day. It was stated that with the “absorption” of monetary compensation for food rations by the salary of a military (special) rank, it (compensation) will be automatically indexed when his (salary) is indexed18.

Based on Article 22 of the Federal Law of the Russian Federation of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”19, employers pay insurance contributions for their employees to the budget of the Pension Fund of the Russian Federation (PFR). These contributions are then reflected in the individual personal accounts of employees and are taken into account when calculating and recalculating their labor

16Definition Constitutional Court Russia dated December 14, 2004 No. 429-O “At the request of the Kaliningrad Regional Duma and complaints from citizens R.A. Stepanov and V.E. Tyulpin about the violation of constitutional rights and freedoms by the provisions of clause 13 of Appendix 3 to the Federal Law “On the Federal Budget for 2000” year", clause 8 of Appendix 4 to the Federal Law "On the Federal Budget for 2001", clause 5 of Appendix 9 to the Federal Law "On the Federal Budget for 2002", Articles 97 and 128 of the Federal Law "On the Federal Budget for 2003" " and so on. 34 clause 1 of Appendix 20 to this Federal Law, Articles 102 and 144 of the Federal Law “On the Federal Budget for 2004” and sub. 37 clause 1 of Appendix 20 to this Federal Law” // Bulletin of the Constitutional Court of the Russian Federation. - 2005. -№2.

17 Gafutulin N. Pike’s tsutsvang // Red Star. -

18Gatsko M.F. Legal support for the construction of the Armed Forces of the Russian Federation. - M., 2008. - P.257.

19Federal Law of the Russian Federation dated December 15, 2001 No. 167-FZ “On compulsory pension insurance in the Russian Federation” // SZ RF. - 2001 - No. 51. - Art. 4832; Consultant Plus. - 2012. - March 20.

pension established on the basis of the Federal Law of the Russian Federation of December 17, 2001 No. 17E-FZ “On Labor Pensions in the Russian Federation”20. Military pensioners working under an employment agreement (contract) and receiving a state pension pension in accordance with the Law of Russia dated February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service.”, were not able to receive insurance part labor pension, taking into account insurance contributions reflected in their individual personal accounts. The absurdity of the situation was obvious insofar as insurance premiums are “individually compensated compulsory payments that are paid to the budget of the Pension Fund of the Russian Federation and the personal purpose of which is to ensure the right of a citizen to receive a pension under compulsory pension insurance in an amount equivalent to the amount of insurance contributions taken into account on his individual personal account" (Article 3 of the Federal Law of Russia dated December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation").

A situation arose when working military pensioners participated in the pension reform only as “donors” and not full-fledged participants. This prompted many of them to defend their rights in court. The case reached the Constitutional Court of Russia, where a complaint was made, in particular, by military pensioner V.V. Naumchik, who has the insurance period required for the assignment of a labor pension and the appropriate age, but was refused by the Pension Fund of the Russian Federation to accrue a second pension to him (the insurance part old-age labor pension).

In his complaint to the Constitutional Court of Russia, he challenged the constitutionality of paragraphs 2 and 3 of Article 3 of the Federal Law of Russia dated December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”21, according to which citizens who have the right to different pensions(for example, labor or state pension provision), as a general rule, they have the right to choose from them the one that suits them best. The court agreed with the applicant’s arguments, making a decision according to which the legislator should, no later than 01/01/2007, provide a legal mechanism guaranteeing payment to military pensioners working under an employment contract, in addition to military pension for state pension provision, and the insurance part of the labor pension, taking into account insurance contributions reflected in their individual personal accounts in the Pension Fund22.

The legislator did not meet the deadline of January 1, 2007, later adopting the Federal Law of the Russian Federation dated July 22, 2008 No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation.”

20Federal Law of the Russian Federation dated December 17, 2GG1 No. 173-FZ “On Labor Pensions in the Russian Federation” // SZ RF. - 2GG1. - No. 52. - Part 1. - Art. 4920; Consultant Plus. - 2G12. - March 2G.

21Federal Law of the Russian Federation dated December 15, 2GG1 No. 166-FZ “On State Pension Provision in the Russian Federation” //SZ RF. - 2GG1. - No. 51. - Art. 4831; Consultant Plus. - 2G12. - March 2G.

22 Determination of the Constitutional Court of Russia dated 11.G5.2GG6 No. 187-O “According to the complaint of citizen Naumchik V.V. for violation of his constitutional rights by the provisions of paragraphs 2 and 3 of Article 3 of the Federal Law “On State Pension Security in the Russian Federation” // Bulletin of the Constitutional Court of the Russian Federation. - 2GG6. - No. 5.

radio on pension issues”23, on the basis of which military pensioners now have the right to simultaneously receive a state pension pension (for long service or disability) and an old-age labor pension (with the exception of its basic part).

But, firstly, despite the fact that the Law came into force from the date of its official publication (07/25/2008), its effect extends only to the relevant social relations that arose from 01/01/2007: it is not clear what to do with the calculation, calculation and a revision of the labor pensions of working military pensioners, taking into account the insurance contributions reflected before the specified date on their individual personal accounts in the Pension Fund, that is, accumulated, say, for the period 2002-2006.

Secondly, a military pensioner must have an officially confirmed insurance record of at least 5 years, during which he should have been accrued a “white” salary, and the employer should have paid the corresponding insurance contributions to the Pension Fund on a monthly basis.

Thirdly, a military pensioner must reach the general civilian retirement age (60 years for men and 55 years for women)24.

As of mid-2010, there were about 1.5 million former military personnel registered with the military commissariats of Russia, about 519 thousand received pensions below the average level of labor pensions (46% of the total number of military pensioners), and the average pension of a reserve officer was about 7 thousand rubles In general, the average size of state pensions for citizens discharged from military service amounted to 25-30% of the total pay for military personnel25. Pensions in the Russian Ministry of Defense turned out to be significantly less than those of former officials and pensioners of other “security” departments and orders of magnitude less than those of military personnel in the United States and other economically developed Western countries26. But, our military pen-

23Federal Law of the Russian Federation dated July 22, 2008 No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues” //RG (federal issue). - 07/25/2008.

24It is no coincidence that military-social legislation provides for a special age that gives military personnel the right to receive a pension under the state pension provision: the hardships of military service, premature so-called “wear and tear of the body” that occurs as a result of military injuries, chronic stressful situations, etc. - these are the realities of life, based on which the relevant legal norms have been adopted and are in effect. According to expert estimates, average age retirement of contract military personnel under state pension provision is 44.1 years, including disability pension due to war trauma- 42.4 years //Maleeva T.M., Sinyavskaya O.V. Pension reform in Russia: history, results, prospects. Analytical report /Independent Institute for Social Policy. - M., 2005. - P.36.

25Data from the head of the Center for Military Forecasting A. Tsyganka // Turchenko S., Dmitriev A. 7 thousand rubles. for service to the Motherland. A mass refusal of retired officers from military pensions began in protest against miserable payments // Free Press. - 06/08/2010.

26For comparison: today military pensions in the United States are calculated on the basis of the monthly basic pay (BSA), determined primarily by military rank (for example, the BSA of officers, taking into account length of service, is $2784-18937, warrant officers - $2721-8926, sergeants, petty officers and privates - $1468-7196), and length of service. To calculate a military pension, a coefficient of 2.5% is used, by which the length of military service is multiplied. In general, all categories of persons transferred to the reserve

Zionists who have reached the general civil retirement age are encouraged to rely on a second pension, which rarely exceeds 1 thousand rubles.

By providing military pensioners with the opportunity to receive the insurance part of their old-age pension, the state, therefore, seeks to keep them in the labor market. After all, the desire of many military veterans to work after transfer to the reserve or retirement is a forced necessity caused by the high cost of living and the relatively low size of military pensions. The right to a labor pension upon reaching the general civil retirement age is claimed by them until the size of their state pensions reaches a standard of living worthy of the defenders of the Motherland. If this happens, then 70% of working military pensioners will retire27.

In 2011, two federal laws were adopted: “On the monetary allowance of military personnel and the provision of separate payments to them”28; “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On monetary allowances for military personnel and the provision of certain payments to them” and the Federal Law “On social guarantees for employees of internal affairs bodies of the Russian Federation” and introducing amendments to certain legislative acts of the Russian Federation"29. The first person of the state has already announced that as of January 1, 2012, military pensions have been increased by 1.6 times30.

In fact, the leadership of the country has given the Russian Ministry of Defense “carte blanche” to carry out the largest financial reform in recent decades Russian Army And Navy. Moreover, its initiators, referring to the so-called Strategy

after 20 years of military service, they receive a pension in the amount of 50% of the BMI. With 30 years of service, this figure increases by 25%. There are currently more than 1.4 million retired military personnel in the United States, with an average age of 40-something years. For more details, see: Ivanov V. The Pentagon’s most important concern is the people who serve and have served America. The US Department of Defense annually increases salary and additional payments to its wards // Independent Military Review. - 07/08/2011; Nesterovich E. Military duty and material incentives. Privileges of military personnel: theirs and ours //Military Industrial Courier. - 11/12/2008. - No. 44(260).

27Fedotov A.I. Improving the pension system for persons who served in the Armed Forces of the Russian Federation. - M., 2006. - P.12.

28Federal Law of the Russian Federation dated November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and providing them with individual payments” // RG (federal issue). -

29Federal Law of Russia dated November 8, 2011 No. 309-FE “On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On monetary allowances for military personnel and the provision of certain payments to them” and the Federal Law “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” // RG (federal issue). - 11.11.2011.

30 “The pensions of all military pensioners, regardless of their departmental affiliation, have been increased from January 1 of this year by 1.6 times. In the future, "military pensions" will be annually

increase, and by at least two percent above the level

inflation" //Putin V.V. To be strong: guarantees of national security for Russia // RG (federal issue). -

social development The Armed Forces of the Russian Federation until 2020, publicly assure Russian citizens that our military pensioners will live much better than before31.

In fact, at the end of 2011, at a meeting with newly elected deputies of the lower house of the Russian Parliament, Deputy Minister of Defense of Russia for financial and economic work V.E. Chistova announced the main directions of this reform: abolish all socially significant benefits for military personnel, military pensioners and their members families; eliminate the proportional link between the increase in military salaries and military pensions, legalize the large gap between them - against the background of a minimum 3-fold increase in military salaries, increase military pensions by an average of 50-70%.

Admiral V.P. Komoyedov, former Commander of the Black Sea Fleet of the Russian Navy, now a member of the Defense Committee of the State Duma of the Federal Assembly of the Russian Federation, compared the “Chistovaya formulas” with the ever-memorable 122nd law on the “monetization” of benefits32, drawing Special attention to the fact that “for the limited, remaining in the new guise, officer corps, the salary will indeed increase significantly, taking into account the instructions given by the President of Russia that the salary of a platoon commander should average more than 50 thousand rubles per month, and the commander battalion - more than 100 thousand rubles,” but “our military pensioners will live even worse”33. And it looks like he's right.

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Zhirnova I. The court of auditors exposed by //The newspaper “Red Star”. - 2005. - On October 19.

b) for persons who performed military service as officers, warrant officers and midshipmen or military service under contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the border service authorities of the Russian Federation, in the internal and railway troops, in troops of the National Guard of the Russian Federation, federal government communications and information agencies, troops civil defense, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR and institutions and bodies of the penal system created in accordance with legislation, in the United Armed Forces of the Commonwealth of Independent States, as well as on private and commanding personnel who served in the internal affairs bodies of the Russian Federation and the former USSR, agencies for control of the circulation of narcotic drugs and psychotropic substances, the State Fire Service and institutions and bodies of the penal system, the troops of the National Guard of the Russian Federation, and families of these persons who live in states - former republics of the USSR, which are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the provision of their pensions on the grounds established for persons who served in military service, service in internal affairs bodies, and their families.

article 1 of this Law, and members of their families living in areas where military personnel and employees of internal affairs bodies, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the Russian National Guard Federation, enforcement authorities of the Russian Federation (hereinafter referred to as employees), in accordance with the legislation of the Russian Federation, coefficients are established, for the period of their residence in these areas, pensions assigned in accordance with this Law, bonuses to these pensions, provided for in Articles 17, 24 and 38 of this Law, and the increases provided for in Article 16 of this Law are calculated using the appropriate coefficient established in a given area for military personnel and employees by the Government of the Russian Federation in accordance with federal laws.

For pensioners from among the persons specified in article 1 of this Law, who served in the regions of the Far North and equivalent areas for at least 15 and 20 calendar years, respectively, for whom the pension (including pension supplements provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law) was calculated from By applying the first part of this article, when leaving these areas and localities for a new permanent place of residence, the amount of the pension calculated taking into account the corresponding coefficient in the manner determined by the Government of the Russian Federation is retained.

Pensioners from among the persons specified in article 1 of this Law, who served in the regions of the Far North and equivalent areas for at least 15 and 20 calendar years, respectively, living in areas where the coefficient for the pay of military personnel and employees is not established or is established in a smaller amount than at the last place of service of these persons in regions of the Far North and equivalent areas, pensions assigned in accordance with this Law (including pension supplements provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law) are calculated using the coefficient established for monetary allowance military personnel and employees at the last place of service of these persons in the regions of the Far North and equivalent areas, regardless of the time of application for a pension. In this case, the maximum size of the coefficient, taking into account which these pensions are calculated, is 1.5.

Article 49. Review of pensions, minimum pensions, pension supplements, increases and increases in pensions

ellesilver.ru

On pension provision for military personnel. General provisions.

I. General provisions

Article 1. Types of pension provision

Article 2. Conditions of pension provision

Article 3. Persons entitled to pensions on an equal basis with conscripts and their families

Article 4. Persons entitled to a pension on the same basis as officers, military personnel on extended service and their families

Article 5. Assignment of pensions to military personnel, commanding and rank-and-file personnel of internal affairs bodies and their families on the grounds established by the USSR Law "On pension provision for citizens in the USSR"

Article 6. Pensions for families of deceased pensioners

Article 7. Right to choose a pension

Article 8. Funds for payment of pensions. Exemption of pensions from taxes

Article 9. Payment of benefits

Article 10. Bodies providing pensions

Article 11. Social assistance to pensioners

Article 12. Pensions for special merits

II. Long service pensions

Article 13. Conditions for assigning pensions

Article 14. Amounts of pensions

Article 15. Minimum pension amount

Article 16. Increase in pensions for certain categories of pensioners

Article 17. Increase in pensions for disabled people and war veterans

Article 18. Supplements to pension for length of service

Article 19. Calculation of length of service

III. Disability pensions

Article 20. Conditions for assigning pensions

Article 21. Determination of disability

Article 22. Causes of disability

Article 23. Amounts of pensions

Article 24. Minimum pension amounts

Article 25. Increase in pensions for certain categories of disabled people

Article 26. Assignment of a disability pension in the amount of an old-age or long-service pension

Article 27. Supplements to disability pension

Article 29. Terms of assignment and payment of disability pensions

Article 30. Recalculation of pension when changing the disability group

Article 31. Resumption of pension payment during breaks in disability

IV. Survivor's pensions

Article 32. Conditions for assigning pensions

Article 33. Family members entitled to a pension

Article 34. Family members considered dependents

Article 35. Payment of pensions to children who are fully supported by the state

Article 36. Right to pension of adoptive parents and adopted children

Article 37. The right to pension of stepfather and stepmother, stepson and stepdaughter

Article 38. Maintaining a pension upon entering into a new marriage

Article 39. Amount of pensions

Article 40. Minimum pension amounts

Article 41. Calculation of pensions for orphans

Article 42. Period for which a pension is assigned

Article 43. Assignment of one pension to all family members. Allocation of pension share

Article 44. Change in the amount of pension and termination of its payment

Article 45. Procedure and terms for establishing disability for family members

V. Calculation of pensions

Article 46. Earnings (salary) for calculating pensions

Article 47. Recalculation of pensions from higher earnings

Article 48. Calculation of pensions for families of pensioners

Article 49. Increasing minimum pensions and earnings limits

Article 50. Application of regional coefficients to pension amounts

VI. Assignment of pensions

Article 51. Application for pensions

Article 52. Bodies assigning pensions and deadlines for reviewing documents on assigning pensions

Article 53. Deadlines for assigning pensions

Article 54. Time limits for recalculation of assigned pensions

VII. Payment of pensions

Article 55. Bodies paying pensions

Article 56. Payment of pensions to pensioners in the presence of earnings or other income

Article 57. Payment of pensions for the past

Article 58. Payment of pensions to pensioners living in boarding houses

Article 59. Payment of pensions during hospitalization

Article 60. Suspension of pension payment during imprisonment

Article 61. Deductions from pensions

Article 62. Payment of pension in case of death of a pensioner

Article 63. Payment of pensions when traveling abroad

VIII. The procedure for recalculating pensions

Article 64. Recalculation of previously assigned pensions

Article 65. Earnings taken into account when recalculating pensions

Article 66. Increase in pensions in connection with changes in the cost of living index and wage growth

On the procedure for enacting the USSR Law "On pensions for military personnel"

On the procedure for enacting the USSR Law "On pensions for military personnel"