The Order does not indicate who may be refused.
It seems that any person specified in the “Circle of applicants” section, that is, any citizen of the Russian Federation (with the exception of persons who have left for permanent residence in other countries, foreigners and persons without established citizenship), can be refused.
According to current legislation, a citizen acquires the right to receive pension payments for one of the following reasons:
- achievement retirement age(both with and without experience);
- loss of a breadwinner;
- disability.
If the grounds for assigning a pension are insufficient, the Pension Fund has the right to refuse to pay the pension to the applicant. The Pension Fund also reserves the right to cancel previously assigned pension payments if a citizen has lost the right to receive a pension on previously existing grounds.
The pension is formed from insurance contributions that the employer pays for his employee to the Pension Fund. The amount of insurance accruals directly depends on the employee’s salary. Some citizens may be denied benefits upon reaching retirement age. Such citizens include people who have not earned the minimum length of service or have not scored the required number of points due to too low wages.
Important! The granting of a pension may be refused if the citizen has not submitted the appropriate documents, as well as if the authenticity of the documents is in doubt among employees of the Pension Fund.
Refusal to grant an old-age insurance pension: the main reasons
It is necessary to distinguish between a refusal to provide a public service and a refusal to accept documents from a refusal to assign a pension.
The same applies to refusal to provide public services - according to paragraph 57 of the Order, there are simply no such grounds.
In accordance with paragraph 98 of the Order, the result of the administrative procedures carried out by the Pension Fund official is a verdict on the satisfaction or refusal of the submitted application. However, no closed list of grounds has been presented.
It appears that an applicant may be refused for the following reasons:
- failure to submit an application or fill it out incorrectly;
- absence of 1 or several documents at once, the obligation to provide which is assigned to the applicant (clauses 17, 20 - 36, 38 - 40, 42, 44 - 54 of the Order);
- failure by a citizen to fulfill the conditions for assigning a pension in accordance with the Federal Law.
Due to lack of points
A citizen can always check the number of pension points (IPC) on the Unified Portal by using the government service “Notification of the status of an individual personal account.”
In accordance with Art. 35 Federal Law No. 400, transitional provisions are in effect from 2015 to 2024. This means that, starting in 2015, the number of IPCs required for appointment will increase by 2.4 with each subsequent year until it reaches 30.
|
Year |
IPC required for appointment |
| 2015 | 6,6 |
| 2016 | 9 |
| 2017 | 11,4 |
| 2018 | 13,8 |
| 2019 | 16,2 |
| 2020 | 18,6 |
| 2021 | 21 |
| 2022 | 23,4 |
| 2023 | 25,8 |
| 2024 | 28,2 |
| 2025 and beyond | 30 |
Those who were denied due to lack of points will have to wait 5 years to become eligible for social benefits. old age pension, the amount of which in 2018, according to clause 1, part 1, art. 18 Federal Law No. 166, is 5034.25 rubles per month.
The main reasons why the Pension Fund may refuse include:
Complaint about an unjustified refusal to accrue a pension
A citizen who has been unreasonably denied a pension can evaluate the quality of the provision of public services before filing a complaint.
To do this, in accordance with paragraph 108 of the Order, the applicant needs to provide the official who accepted the documents with his number mobile phone. You can also evaluate the service at State Services (if the appointment was made there).
According to paragraph 15 of the Order, if the Pension Fund refuses to grant a pension, no later than 5 working days from the date of the relevant verdict, the agency notifies the citizen, indicating:
- reasons for refusal;
- procedure for appealing a decision.
At the same time, all previously submitted documents must be returned.
According to paragraph 112 of the Order, a protest can be submitted both on paper and electronically.
It is possible to send a complaint by registered post (paragraph 3, paragraph 113 of the Order) and to the MFC.
The complaint is registered with the Pension Fund on the next business day after its receipt (clause 122 of the Order). The review period is 15 working days from the date of registration.
Based on the results of the consideration, a decision is made to satisfy the protest or refuse. The verdict is formalized by a special act (clause 123 of the Order). A copy of the verdict is sent to the citizen in the manner specified by him in the text of the complaint.
What to do if there are not enough pension points?
In order not to be denied an insurance pension, a citizen is recommended to:
- refuse to receive “black” and “gray” wages, because they are not paid insurance premiums, which means the IPC does not increase;
- constantly monitor the formation of pension rights (this can be done either through State Services or in your personal account on the Pension Fund website, section “Individual personal account”, button “About formed pension rights” - information is indicated there, how much insurance period and points are already available at the time of request);
Shape insurance pension necessary from a young age. After all, every year of work is very important when you reach a certain age. You should not agree to receive a so-called “gray” salary. The employer does not pay contributions from such wages, and this may result in a lack of points in the future.
Important! The insurance pension is paid not only upon reaching a certain age, but also in the event of disability or loss of a breadwinner. In this regard, insurance payments to the Pension Fund should be taken very seriously.
Continue to work and apply for a pension later, having earned the required number of points;
Agree to a social pension. It is small, and the right to receive it comes 5 years later: for women at 60 years old, and for men at 65. The social pension is assigned only to unemployed citizens.
Appealing a refusal to grant a pension in court
The case of refusal to grant a pension is considered by courts of general jurisdiction. It is important not to forget about the statute of limitations and correctly draw up the statement of claim itself; fortunately, there are simply a huge number of forms and samples for standard cases on the Internet. If you are not confident in your abilities, or you need to change, clarify the claims, or write a petition, then in such cases you can contact a professional lawyer for help (our online duty lawyer is ready to promptly help you in this matter).
Download sample statement of claim on the assignment of a pension
An administrative claim is filed in court to challenge the pension authority’s refusal to grant an old-age insurance pension. The application is submitted at the territorial location of the pension authority that issued the refusal. The statement of claim describes the main claims against the PFR department; it is necessary to refer to the rules of law that were violated by the pension authority. The claim itself is accompanied by the decision of the Pension Fund of Russia branch, a copy of the work book or other documents characterizing the work activity.
A clear formulation of the request in the claim will allow you to achieve desired result. In particular, at the end of the claim it is necessary to indicate exactly what actions the pension authority must take, for example, include a certain length of service labor activity V total experience(thanks to this, you can receive an insurance pension early) or be obliged to assign a pension from a certain period of time. Documents submitted to the court must be accompanied by a receipt for payment of the state fee.
If we talk about the timing of filing a claim, then it must be filed no later than three months after the decision was made to refuse to grant a pension by the pension authority. But missed deadlines can be reinstated by the judge’s decision if there are compelling and valid reasons for this. By the way, failure to timely consider a complaint to a higher pension authority is a valid reason for the judge to restore procedural deadlines.
If a pension application is denied due to lack of points or length of service, a person can switch to receiving a social benefit accrued from a certain age. Another option is to upgrade it to the required minimum and get the required coefficient.
If a person considers the refusal illegal, he can appeal such a decision. You can do this in two ways:
- In the higher authority of the Pension Fund. To do this, you need to file a complaint with a higher authority of the department.
- In a court. Such cases can be considered by courts of general jurisdiction. An important aspect of this method is the correct drafting of the claim.
Example of an appeal application
To appeal an illegal refusal in court, you can use the services of a professional lawyer, but you will have to pay for them. You can file a claim yourself. To do this, indicate in the header of the application:
- name of the court;
- details of the plaintiff (full name, place of registration);
- data of the defendant (regional body of the Pension Fund of Russia).
Below, in the body of the application, you need to describe for what purpose the citizen is applying to the court, and the request that, in the plaintiff’s opinion, the court should satisfy.
Peculiarities
Here are the features of refusal for specific types of pensions.
Early
Early insurance pension is assigned in the manner provided for in Art. 30 – 32 Federal Law No. 400.
Also, early retirement requires additional documents confirming length of service in the relevant jobs. This may be a work record book or an employment contract.
Refusal will occur if the conditions for early appointment, as well as failure to provide the specified additional documents.
Insurance
A denial of a disability insurance pension may result, among other things, from:
- lack of a certificate confirming the fact of disability (clause 36 of Government Decree No. 95 of February 20, 2006 “On the procedure...”);
- lack of at least 1 day of insurance experience.
Cumulative
To assign accumulated pensions need to:
- the amount of savings was more than 5% in relation to the amount of the insurance pension;
- the applicant was the recipient of the fear. old age pensions.
The amount of savings directly depends on the correct choice of the insurer. About which insurer is involved pension savings, you can also view it in the Personal Account on the Pension Fund website, in the “Management of Pension Savings Funds” section.
If the specified conditions are not met, the citizen will receive a refusal of assignment, but can order a one-time payment of all funds in the savings account.
Social
Social pension, according to Art. 11 Federal Law No. 166, will not be assigned:
- working citizens who have reached 65 years of age (men) or 60 years of age (women) and have not received the right to old-age insurance;
- if the person does not comply with those specified in Part 1 of Art. 11 Federal Law No. 166 categories (disabled person of the 1st, 2nd, 3rd category, disabled child, disabled since childhood, child under 18 years old who has lost his parents, etc.).
For the loss of a breadwinner
Since survivor pensions are different (insurance, state pension, military, etc.), the reasons for refusal will vary.
Basically, failures will be for the following reasons:
- the applicant has committed a criminal offense against the breadwinner;
- not being dependent on the deceased;
- the applicant is not a disabled family member.
So, a pension may be denied due to a lack of points or insurance experience, as well as failure to provide documents, the obligation to provide which is assigned to the applicant.
The refusal can be appealed by filing a protest in writing or electronically with the head of the local Pension Fund department or through State Services.
Evidence confirming the right to a pension
You should be concerned about evidence that, if necessary, can be provided to the Pension Fund or to the court. To do this you need:
- preserve employment contracts and other documents that confirm the number of years worked and the amount of wages;
- check your work book for errors, typos or any omissions;
- maintain contacts of work colleagues who, in the event of loss of data, will be able to confirm in court that the plaintiff held a certain position in a certain organization.
On a general basis, the condition for an old-age insurance pension to be awarded is a notice sent by the Pension Fund Russian Federation citizen. Under certain circumstances, the Pension Fund of the Russian Federation may refuse to provide a pension payment. In this article we will try to analyze in detail under what circumstances a citizen may be denied pension payments and whether it is possible to appeal the refusal of the Pension Fund.
Refusal of the Russian Pension Fund to provide pension payments: provisions and appeal procedure
Based on Law No. 400-FZ, which regulates the rules for issuing pensions, an old-age pension is possible subject to the following conditions:
- if the citizen has reached retirement age in accordance with the established legislation of the Russian Federation;
- if the citizen has a certain work experience;
- the individual pension coefficient is higher than the established mandatory limit.
If any of the conditions are not met, then the Russian Pension Fund has the right to refuse a citizen an old-age insurance pension.
The citizen will be notified of the refusal to assign a pension payment by notification. The person will be sent a notification of refusal by email with all the information, including the reasons for the refusal. The notification must arrive fifteen working days from the date of the person’s application to the Russian Pension Fund.
If you have no work experience
The most popular reason for refusal to grant old-age insurance pension payments is that the citizen does not have the insurance experience necessary to apply for a pension. Persons applying to the Pension Fund this year must have at least ten years of service. When counting length of service The following points are taken into account:
- general labor activity (work activity on the basis of labor or collective agreements);
- the time when a person conducted business activities (individual entrepreneur, etc.), and at the same time the citizen sent insurance contributions to the Pension Fund according to the established rules;
- when a citizen did not work and was on leave due to child care;
- the time when the person did not work due to caring for a disabled person or an elderly person (over eighty years of age);
- the period of service by the person in the armed forces of the Russian Federation (both mandatory and on a contract basis);
- other periods that are considered labor activity and are considered as length of service, based on the Federal Law-400.
A document that can serve as confirmation of a person’s work activity is a work book, which contains information about the work. In addition, work experience can be confirmed by agreements that have civil legal status, various acts, official certificates, and so on.
Important! If, at the time of submitting documents, a citizen has less than 10 years of total experience, then he will be denied pension payments.
The individual pension coefficient is below the established level
The rules of the pension system reform, which took place four years ago, established and implemented a new concept - the individual pension coefficient. This indicator is calculated based on the number of insurance contributions that a person sent to the Russian pension fund during his working activity.
In order for a citizen to be entitled to receive an old-age insurance pension this year, this coefficient must not be lower than the established level of 16.2 (for 2019).
If you believe the calculation formula, the individual pension coefficient will increase as the citizen pays insurance premiums, the amount of which is directly related to the official salary received by the citizen. As a result, it turns out that the higher a person’s salary, the more coefficients he will accumulate during his work activity.
A similar procedure has been established for self-employed citizens. Individual entrepreneurs who pay insurance premiums for themselves will be an exception. This category of citizens pays a fixed payment amount. In this regard, it does not matter what the income will be - the individual pension coefficient for individual entrepreneurs will accumulate in a certain amount.
Important! The calculation of individual pension coefficients is carried out by employees of the Russian Pension Fund based on the reporting documents provided by the Federal Tax Service. If after all calculations the coefficient is less than 16.2, then the citizen will be sent a notice of refusal to issue a pension payment.
The person has not yet reached retirement age
The basis for applying to the Pension Fund for an old-age pension is that the citizen has reached retirement age. This year, the legislation established the following retirement age: for males - 60.5 years, for females - 55.5 years.
If a citizen fully complies with all the requirements of the Russian Pension Fund, but he has not yet reached retirement age, then he will naturally be denied a pension payment. However, the law provides for various exceptions that make it possible to lower the retirement age for certain categories of citizens (for example, representatives of peoples Far North, medical workers, teachers, etc.).
False information provided to the Russian Pension Fund
It may happen that a citizen will be refused due to the fact that he provided false information when applying to the Russian Pension Fund. If the Russian Pension Fund determines that the documentation submitted by a citizen contains false information, he will be denied a pension.
In addition, they may also be refused due to other reasons:
- the citizen did not provide all the documents necessary to apply for a pension;
- the Pension Fund employee made a mistake when calculating length of service;
- V pension fund made a mistake when applying pension rules.
Law on early retirement
Retirement procedure ahead of schedule established in Article 30 of the Law on Insurance Pensions. In this case, certain conditions must be met.
Persons engaged in labor activities can receive a pension ahead of schedule:
- in various hot workshops, underground;
- in difficult conditions;
- in the textile industry in difficult conditions;
- in the agricultural industry;
- on railway transport, metro, in mines and the like;
- on various expeditions;
- in the forest for harvesting;
- in ports for loading and unloading;
- in the fishing industry, in the navy;
- on public transport;
- in the extraction of various minerals;
- in the civil aviation industry;
- in the Ministry of Emergency Situations regarding civil defense and emergencies;
- in penitentiary services;
- teachers;
- medical workers;
- art workers;
- in the space industry;
- workers of the Far North.
Parents can also retire earlier if:
- a woman has given birth to five or more children and raised them until they are 8 years old, if they have at least 15 years of insurance coverage;
- one of the parents is the guardian of a disabled child under eight years of age;
- a woman raises more than two children and works in the Far North.
The following citizens have the right to retire early due to poor health:
- disabled war veterans;
- visually impaired people of the 1st group;
- midgets and dwarfs.
Important! All information for each category of persons can be found in Article 32 of Law No. 400-FZ.
Can a citizen with disabled status be refused a pension?
Persons with disabilities have the right to receive a pension, and their age does not affect this. The following conditions must be met:
- have an insurance period of at least one day;
- have official papers that confirm the person’s disability group.
If a person with a disability has no work experience, he will not be provided with an insurance pension. Instead, he is given a social pension, the amount of which is established by law.
Also, a disabled person may be stopped from receiving a pension if he was not present at the medical and social examination examination, which is mandatory for all people with a disability group.
The process of appealing the refusal of the Russian Pension Fund to provide an insurance pension
If a person receives a refusal from the pension authorities to provide an insurance pension, but the citizen does not agree with such a decision and considers it unfair and unfounded, then he has the right to appeal the refusal without resorting to judicial authorities, or he can file statement of claim to the court.
Appeal without trial
A citizen can, after contacting the Pension Fund with a package of papers, confirm that he has the right to an insurance pension even before he receives a refusal. This is possible in the case when, in order for a decision to be made, some papers are missing, or there are some errors in those already provided. Under such circumstances, the Russian Pension Fund notifies the applicant of existing errors that need to be corrected. The notice lists exactly which papers need to be corrected or which documents are missing. In terms of timing, everything is standard - fifteen working days from the date of submission of the application.
If a citizen provides documents that are missing, or corrects all errors within three months from the date of receipt of the notification, then he will be assigned an insurance pension on a general basis from the first day of the next month.
However, even if a citizen receives a refusal to grant a pension, he has the opportunity to confirm that he has the right to receive payments without going to court. The citizen must have all the papers that will confirm the length of service, the number of contributions that were transferred to the Russian Pension Fund, and other documents that can confirm that the person has the right to receive a pension.
Example. Kruglov V.I. He applied to the Russian Pension Fund with all the papers to receive an old-age pension, but he was refused because he doesn't have enough experience. After Kruglov V.I. received a refusal notice, he again applied to the Russian Pension Fund and handed over papers (agreements, acts, etc.) that confirmed the citizen’s additional length of service. After the application was considered again, Kruglova V.I. assigned payments in the form of an insurance pension.
Going to court
It often happens that after a citizen has received a refusal from the Russian Pension Fund to provide an insurance pension, it is not possible to resolve the problem without going to court.
The decision on whether a citizen has the right to receive a pension is made following a standard trial. To confirm the right to receive pension payments, a citizen files a claim with the judicial authorities, where he also provides papers that confirm the person’s right to receive an insurance pension (documents confirming length of service and transfer of contributions, etc.). After the case is considered in court, a decision is made that will be positive or negative for the citizen who is trying to appeal the decision of the Russian Pension Fund.
Note! As can be seen from the statistics, judicial authorities often make decisions that citizens have the right to receive insurance pensions. As a result, if a person has in hand all the necessary papers, which will be a significant basis for confirming the right to receive pension payments, then there is a good chance of appealing the decision of the Russian Pension Fund to deny a pension.
Appeal to higher authorities of the Russian Pension Fund and to court
Based on the legislation, citizens have the right to appeal the decision of the Russian Pension Fund, while providing all Required documents, including a description of the complaint and the decision of the Pension Fund.
How to appeal a refusal
According to the law, after a citizen has filed a complaint, thirty working days are allotted for consideration. If the decision is in favor of the citizen, then the regional pension authority will satisfy the complaint. In case of a negative decision, the citizen has the right to subsequently go to court.
A citizen must apply to the court at the location of the Pension Fund branch. The statement of claim must be accompanied by all the papers that confirm the person’s right to receive a pension, and a receipt for payment of the state fee in the amount of three hundred rubles. During the trial, the claimant's pension rights will be assessed, including:
- the process of calculating total work experience;
- the grounds for refusal by the Russian Pension Fund are being considered;
- the data indicated in the work book is checked;
- labor pensions are regulated.
Application procedure
The legislation establishes the rules for considering complaints in the Pension Fund. Cases in court are considered on the basis of Article 22 of the Code of Administrative Proceedings of the Russian Federation. All laws contain information about the rules for processing applications and what documents need to be provided.
Procedure for filing a complaint
A complaint to the Russian Pension Fund must be made in writing. There is also the possibility of filing an electronic complaint through the Public Services portal in the pre-trial appeal section.
When applying, please provide the following information:
- the name of the pension authority where the decision was made (for example, UPFR in the city of Chelyabinsk).
- last name, first name and patronymic of the citizen and place of registration;
- contact information (phone number, email address);
- requisites decision taken, which is appealed by a citizen;
- rights that were violated and interests;
- arguments;
- a list of papers that provide justification for the citizen’s point of view;
- date and personal signature.
For example. The person contacted the Pension Fund at the appointed time and submitted all the necessary papers. After consideration, the citizen received a refusal. To appeal the decision, the citizen went to a higher authority so as not to go to court.
Filing a claim in court
There is also the opportunity to go to court, while bypassing all pre-trial settlement options. If the complaint was sent to a higher authority of the Pension Fund of Russia and still received a refusal, the citizen has the right to go to court.
The statement of claim contains the following information:
- name of the court;
- plaintiff's details;
- name of the responding party;
- data on violated rights;
- claims made against the responding party;
- information about appeals to higher authorities in case of attempts to resolve the situation before trial;
- attached papers.
Which law should I refer to?
When a citizen substantiates his arguments and gives reasons, he must refer to Law No. 400-FZ. It is necessary to indicate a certain part of the law that defines the conditions for providing a pension before the due date.
In the case where a person worked in hazardous and unsafe work, you can also refer to the list approved by the Cabinet of Ministers of the USSR under No. 10.
Filling out the application header
The header of the claim should indicate:
- name of the court;
- last name, first name and patronymic of the plaintiff, place of registration, birth data, contacts;
- data of the representative, his contacts and information about higher legal education;
- the full name of the responding party, its place of registration, contacts.
The details of the representative are indicated if he represents the interest of the plaintiff. For this you need a power of attorney. If a person wishes to dispute the complaint independently, then nothing needs to be entered regarding a representative.
What to demand in court?
In court, it is extremely important to properly formulate your claims against the authorities that assign pension payments.
Requirements include:
- obtain recognition that the pension authority made a decision that does not comply with regulatory legal acts;
- the period of work must include length of service, which gives the right to retire;
- oblige the authorities that assign pension payments to provide the plaintiff with a pension from the moment of application for assignment.
Which court should I choose to file a claim?
The Code of Administrative Procedure of the Russian Federation establishes the procedure for appeals that relate to the Pension Fund of Russia. According to the code, a claim must be filed in court, which is located at the location of the pension authority, where the decision was made that the citizen wishes to appeal.
Is it possible to reduce the amount of state duty?
This opportunity is provided for and implemented by benefits. The following are exempt from paying state duty:
- heroes of the USSR and the Russian Federation;
- full holders of the Order of Glory;
- veterans and disabled people of the Great Patriotic War;
- former concentration camp prisoners;
- disabled people of groups 1 and 2.
Important! The citizen filing the claim has the right to defer payment of the state fee. You will need to provide a reason why this moment the citizen is unable to pay it. Tax authorities do not establish the possibility of reducing the amount of the mandatory fee.
An example of a positive decision in favor of the plaintiff
Citizen V. filed a lawsuit stating that he was denied a pension because there were no papers confirming his special work experience. The court satisfied the demands of citizen V. The court also found that the pension authority was obliged to assign a payment to citizen V.
Receipt of savings by heirs left by the pensioner after death
The pension fund may also refuse to pay a pensioner’s savings after his death. This can be done for only one reason - untimely application.
The appeal should be sent to the Pension Fund before six months have passed after the death of the pensioner. After the citizen’s application, five days are given to consider the appeal, after which the person is informed of the decision.
Relatives of a deceased pensioner have the right to receive funds accumulated by him
If the savings were paid to other heirs, the citizen has the right to recover part of the funds from them. This can be done in different ways:
- voluntarily;
- through the court.
Popular questions
| Question | Answer |
|---|---|
| When I retired, I was denied insurance coverage in order to assign old-age pension payments for the period 05/01/1994 to 12/31/1995 in the city of Sol-Iletsk. The authorities motivated all this by the fact that the statement of calculations was transferred to the enterprises as a whole without dividing them into insured persons. Is this decision legal? All deductions were made as expected for this period. | Good afternoon, Valentina Ivanovna! The Pension Fund is required to calculate the period from 05/01/1994 to 12/31/1995 using your work book, because at that time you were registered in the compulsory pension insurance system. |
| The Pension Fund refused to grant an old-age pension because... experience was not counted while working as a teacher in primary school and in kindergarten, since she worked part-time. Is it possible to obtain recognition of this gap through the court? | Dear Nina Alekseevna, you have the right to appeal the decision of the pension authorities. To accurately answer the question, we need all the information about the place and time of work. |
Conclusion
You can always appeal the decision of the Pension Fund in court and, based on statistics, this is quite effective. It is also possible to resolve the issue before trial if you contact the higher branches of the Russian Pension Fund.
Video - Rules for appealing a refusal to grant a pension
A refusal to grant an old-age insurance pension may be due to several reasons: either there was not enough work experience, or the level of wages was so low that the person was unable to score the required number of points.
The fact is that according to the new legislation, from January 1, 2015, the conditions for assigning a pension have changed. The retirement age remained the same: 55 years for women, 60 for men. But two new conditions appeared: the presence of 15 years of insurance experience and pension points.
How many points do you need to have?
In 2017, to receive an old-age insurance pension, you must score at least 11.4 points. Every year this figure will increase and by 2025 it will be equal to 30 points without further increase.
What to do if there are not enough pension points?
If you don’t have enough pension points, you can:
— Continue to work and apply for a pension later, having earned the required number of points;
— Agree to a social pension. It is small, and the right to receive it comes 5 years later: for women at 60 years old, and for men at 65. The social pension is assigned only to unemployed citizens.
How are pension points calculated?
Points are calculated based on the amount of insurance premiums accrued and paid for the employee. The higher the salary, the more points you can earn.
A person who officially receives the minimum wage gains less than 1 point per year, i.e. he can earn 30 points not in 15, but in more than 30 years.
You can get additional points for non-insurance periods. Thus, for a year of military service upon conscription, 1.8 points are awarded. The same number of points can be earned by caring for a disabled person of group 1, an elderly person over 80 years old, or a disabled child.
Economist. Experience in management positions in the manufacturing sector. Date: January 29, 2019. Reading time 9 min.
The main reason for refusing a labor pension is the lack of insurance coverage and pension points. They will also refuse if fake documents are found or the residence permit has expired. Russians who have not applied for payments throughout the year for various reasons, including after changing their permanent place of residence or traveling abroad, lose the right to receive them. IN social pension age will be denied when changing citizenship, disability benefits - in the absence of re-examination. Long service payments or early retirement will not be appointed if there is no professional experience or the name of the profession does not match. If the pensioner independently refuses payments, he/she receives the right to use incentive coefficients in the future when calculating payments.
According to the Pension Fund of Russia, in 2017, 24,900 pensioners were denied pensions, which is 1.2% of the total number of assigned insurance payments. Experts predict that the number of refusals will increase every year. This is due to stricter requirements for applicants. The Pension Fund of the Russian Federation names the main reasons for the refusal as a lack of pension points and insurance experience, which is associated with the payment of salaries “in envelopes”. However, as practice shows, a pension can be denied for other reasons. Moreover, the reason will depend on the type of benefit awarded.
Labor payments are assigned upon reaching retirement age and meeting a number of conditions. It is the increase in the retirement age to 60 years for women and 65 years for men that worries Russians the most. But few people take into account that after the 2015 reform, other requirements for the assignment of age-related payments are becoming more stringent every year. And if they are not met, your pension may be denied.
Main reasons for refusal
In 2019, the right to appoint a labor pension provision occurs when there is:
- insurance experience – 10 years;
- total number of pension points – 16.2.
If the applicant was unable to earn work experience or an individual coefficient due to low wages, the benefit is not awarded.
However, in subsequent years, these indicators will continue to increase until reaching maximum values. According to the norms of Federal Law No. 400, the length of service will be increased to 15 years, and the IPB to 30. In order not to be denied a pension, it is necessary to earn the required length of service and PB corresponding to the year of retirement.
Table 1. Required length of service and IPB to assign a labor pension
| Year | Pension points | Insurance experience |
| 2019 | 16,2 | 10 |
| 2020 | 18,6 | 11 |
| 2021 | 21 | 12 |
| 2022 | 23,4 | 13 |
| 2023 | 25,8 | 14 |
| 2024 | 28,2 | 15 |
| 2025 | 30 | 15 |
Source: official website of the Pension Fund of Russia
At what salary will pension benefits be denied?
Due to a lack of pension points, 8,300 people were denied payments in 2017, which is only 0.4% of all issued labor pensions.
The Pension Fund names the main reasons for the lack of IPF as:
- Payment of part or all of wages “in envelopes”.
- Lack of insurance premiums due to the employer’s dishonesty.
- Receipt of deductions in an amount that does not correspond to wages.
- Low income that does not provide the required size of the IPF.
It turns out that the value of individual points directly depends on the size of the official salary, from which the employer makes full contributions to the Pension Fund. All deductions and points are recorded in the personal account of the future pensioner.
According to Rosstat, more than 11% of working Russians earn less living wage. Will all these people really not be able to receive a pension in the future?
To understand at what salary a pension can be denied, let’s calculate how much you need to earn in order to accumulate the minimum number of points.
The formula used to calculate points is:
IPB = (ZP * 16% / VOB * 16%) * 10, where:
- IPB – individual pension points;
- VOB – maximum contribution base (RUB 1,150,000 in 2019);
- Salary – salary before tax.
To assign payments in 2019, 16.2 points are required. From here:
Salary = IPB*VOB/10 = 16.2*1,150,000/10 = 1,863,000 rub.
But the applicant cannot earn such a salary in 1 year. Considering that the minimum length of service in 2019 is 10 years, the amount received can be divided over the entire period.
RUB 1,863,000/10 years/12 months = RUB 15,525.
It turns out that with a salary of less than 15,525 rubles. your pension may be denied. But only on the condition that the applicant will receive such wages only for a minimum of 10 years. If the length of service is longer, the total value of points will accordingly increase, which will give the right to receive payments.
How will the situation change when the indicators reach maximum values? To accumulate 30 points, your total income must be:
30*1,150,000/10 = 3,450,000 rub.
But in this case, the minimum experience will reach 15 years. Therefore, your monthly income will be:
RUB 3,450,000/15 years/12 months = RUB 19,167
Note! When calculating, average indicators adopted for 2019 were used. To clarify the IPB, taking into account the annually changing value of the IPB, you must contact the regional office of the Pension Fund of the Russian Federation or .
Considering that the income of 27.6% of Russians is below 15,000 rubles, many will be denied a pension with the minimum required length of service.
What to do if you don’t have enough experience or points
If on the date of retirement the applicant does not have enough experience or points, he has the opportunity to continue working in order to earn the missing years of IPB. But many are confused by the fact that these figures change every year. How to keep up with the growing values?
When calculating the pension, the values that were in effect at the time the applicant reached retirement age are taken into account.
Example . Alekseev N.G. in 2019, upon reaching the age of 60.5 years, he submitted documents for the assignment of pension payments. But he was denied a pension, since his work experience was 9 years, and his pension coefficient was 15.8 points. He only needs to complete the year for which more than the missing 0.4 points will be added to the official salary in order to receive payments. If he applies again in 2020, he does not have the right to refuse a pension, despite the fact that the indicators will be less than those required in the current year (11 years of experience and 18.6 points).
Not all experts consider the requirements for length of service and scores to be unfair. The average working life is 30–35 years. To avoid being denied a pension, it is enough to work only half of this period.
For comparison! upon reaching 60 years of age, they will refuse if you have less than 30–35 years of experience. In Europe this figure is 30–40 years. In the USSR you had to work for 25 years.
Experts advise those who do not work at all, do odd jobs, or work without official employment, to save for retirement on their own or rely only on receiving social benefits in old age.
There is an opinion that a pension may be denied if the applicant cannot document his work experience due to lack of records, errors, typos, or inaccuracies in the work book.
Since 2002, after the introduction of a unified insurance base, there is no need to confirm the insurance period on paper. All information is contained in the Pension Fund of Russia database, so the lack of confirmation of production cannot become a reason for refusing to assign pension benefits. If it is not possible to confirm work activity before this period, this will affect the amount of payments, but not the emergence of the right to receive a pension.
When can an insurance pension be suspended or stopped being paid?
They may refuse to pay a labor pension even after it has been assigned.
Payments are suspended:
- If payments remain unclaimed for six months, that is, the pensioner does not receive a pension.
- Upon detection of forged documents submitted for the purpose of payments.
- If your residence permit expires foreign citizen living in the Russian Federation.
- If the pensioner has left for permanent residence in another state, which is documented.
- When changing citizenship.
If over the next 6 months the reasons have not been eliminated or the pensioner has not applied for the resumption of payments, the pension payment is stopped completely.
If the pensioner refuses payments on his own, he has the right to apply to the Pension Fund for 10 years to resume payments. In this case, you will have to resubmit the entire set of documents confirming the right to receive a labor pension.
Reasons for refusal to grant other types of pensions
Of the total number of pensioners, 83.45% receive an old-age insurance pension. The rest of the Russians are assigned state, social, military, etc. pensions. And in each case there are reasons for the legal refusal of a pension.
Table 2. Reasons for denial of pension provision
| Type of security | Reasons for refusal |
| Disability insurance |
|
| Longevity insurance for teachers, doctors |
|
| Insurance early | The required professional development has not been confirmed. |
| Regional and northern surcharge | Departure from an area in which residence entitles you to a regional supplement, except for the indigenous peoples of the North. |
| Social benefits for the loss of a breadwinner |
|
|
|
| Social by age | Official employment. |
| State based on length of service |
|
| Military |
|
| Military survivor |
|
| Cumulative | The amount is less than 5% of the insurance coverage (a lump sum payment can be made). |
| Cumulative to heirs | Application deadline 6 months. |
Regardless of the type of pension provision, it is terminated when the pensioner leaves for permanent residence abroad with documentary evidence.
What happens if you refuse to assign a pension?
Upon reaching retirement age, a pensioner can independently refuse pension payments, regardless of whether he continues to work or not. To do this, you do not need to contact the Pension Fund with a special application; it is enough just not to issue payments. In this case, for a later application for a pension, the use of motivating or bonus coefficients is provided.
Table 3. Size of motivating coefficients for independent refusal of pension provision
| Years | Regular pension | Early retirement | ||
| Fixed part | IPB | Fixed part | IPB | |
| 1 | 1,05 | 1,07 | 1,03 | 1,04 |
| 2 | 1,1 | 1,15 | 1,07 | 1,1 |
| 3 | 1,19 | 1,24 | 1,1 | 1,16 |
| 4 | 1,27 | 1,34 | 1,16 | 1,2 |
| 5 | 1,36 | 1,45 | 1,2 | 1,3 |
| 6 | 1,46 | 1,6 | 1,26 | 1,37 |
| 7 | 1,58 | 1,74 | 1,3 | 1,45 |
| 8 | 1,7 | 1,9 | 1,38 | 1,52 |
| 9 | 1,9 | 2,1 | 1,45 | 1,6 |
Denial of an old-age pension due to insufficient points has become possible since 2015. The article provides a description of this situation and an analysis of the legality of the pension fund's decision. Today you need to prepare for retirement in advance, otherwise you will be left without an insurance pension. In other words, retirement age does not guarantee your right to an insurance pension; you need to know and comply with other legal requirements, including accumulating pension points.
The content of the article:Requirements for a future retiree.
From 01/01/2015, new pension legislation and a new pension formula are applied.
The right to receive an old-age insurance pension arises from the moment three conditions are simultaneously met ():
- reaching the age for receiving an old-age insurance pension: for women – 60 years, for men – 55 years;
- having at least 15 years of insurance experience;
- at least 30 pension points (the value of the individual pension coefficient).
Since the requirements for a pensioner have become quite strict and require sufficient effort from the future pensioner, the above conditions arise in stages:
- in order to retire in the period from 01/01/2018 to 12/31/2018, in addition to reaching retirement age, confirm that you have 9 years of insurance experience and 13.8 pension points;
- in 2019 – 10 years of insurance experience and 16.2 pension points.
Why do you need pension points?
Firstly, for the emergence of the right to receive an insurance pension, as mentioned above.
The insurance pension means the monthly cash payment, which was formed in order to compensate insured persons for wages and other payments and rewards lost by them due to the onset of incapacity due to old age. At the same time, the onset of disability and loss of wages and other payments and remuneration in such cases are assumed and do not require proof ().
If in simple words, That this pension is formed by deduction of insurance contributions by the employer for his employee to the Russian pension fund.
Secondly, to calculate the size of the pension. Since, according to the new pension formula, the size of the insurance pension (SP) is equal to the sum of the product of the number of pension points (IPC individual pension coefficient) by the cost of one point (SPC cost of one pension coefficient) and a fixed payment to the insurance pension (IP).
SP = IPK x SPK + FV
Within the framework of the topic under consideration in the article, we do not take into account the coefficient of increase in the fixed payment used when deferring the application for an insurance pension - in our case it simply does not exist.
What determines the number of pension points?
Individual pension coefficient is a parameter that reflects in relative units the pension rights of the insured person to an insurance pension, formed taking into account the insurance contributions for the insurance pension accrued and paid to the Pension Fund of the Russian Federation, intended for its financing, the duration of the insurance period, as well as refusal for a certain period from receiving an insurance pension ().
In order to simplify the procedure for calculating pension points, the amounts of annual pension points for the period before and after January 1, 2015 are distinguished.
The value of the individual pension coefficient for periods of work that occurred before 01/01/2015 is determined in accordance with. According to the established procedure, the amount of the old-age insurance pension is taken into account, calculated as of December 31, 2014 according to the rules of Federal Law dated December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation", which is converted into pension points by dividing by the cost of one pension coefficient as of 01/01/2015 equal to 64 rubles. 10 kopecks
According to these provisions of the law, to calculate pension points until 2015, it is necessary to show the maximum average monthly earnings for any five consecutive years of work before 2002 or the average monthly earnings for 2000-2001.
The increase in the number of pension points is also facilitated by the length of total work experience before 2002 (from 20 years and above).
Since 2002, the number of pension points directly depends on individual (personalized) accounting data in the state pension insurance system, generated by the employer’s transfer of insurance contributions.
Since 2015, the number of pension points depends on the insurance contributions accrued and paid by the employer to the compulsory pension insurance system and the length of the insurance (work) experience. For each year of a citizen’s labor activity, subject to the accrual of insurance contributions for compulsory pension insurance by employers or personally paid by him/her, he/she has pension rights in the form of pension points. At the same time, the legislator.
Since 2002, which is relevant for future pensioners, the mandatory basis for calculating pension points, and, consequently, acquiring the right to a pension, is the annual insurance contributions of the insured person, made by him or her employer. In the absence of insurance premiums, the individual coefficient for certain periods will be equal to zero, with all the ensuing consequences.
As a result, if on the date of application for a pension the number of pension points in 2018 is less than 13.8, in accordance with the failure to fulfill one of the conditions necessary for the assignment of an old-age pension (namely the presence of the required value of the individual pension coefficient), citizens will be denied an insurance pension.
Where else do the points come from? Top secret!
Since, in addition to work, a citizen can engage in other socially useful activities, the legislator has provided for the possibility of accruing pension points in other cases ():
1.8 points are awarded for a full calendar year:
- completing military or other equivalent service;
- care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80;
- residence of spouses of military personnel undergoing military service under a contract, together with spouses in areas where they could not work due to lack of employment opportunities (no more than five years in total);
- residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, etc.;
- services and (or) activities (work) provided for Federal law dated June 4, 2011 No. 126-FZ “On pension guarantees for certain categories of citizens”;
- during which persons who were unjustifiably prosecuted and subsequently rehabilitated were temporarily suspended from office (work) in the manner established by the criminal procedural legislation of the Russian Federation;
- care of one of the parents for the first child until he reaches the age of one and a half years.
3.6 points are awarded for a full calendar year care of one of the parents for the second child until he reaches the age of one and a half years.
5.4 points are awarded for a full calendar year care of one of the parents for the third or fourth child until each of them reaches the age of one and a half years.
To accrue pension points, one condition must be met - the specified periods were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in.
conclusions
Future pensioners need to study pension legislation well and, at a minimum, avoid a situation in which, despite reaching retirement age, they are denied an insurance pension. The most obvious advice is to work only officially, with net payroll.
But good advice upon receipt decent pension can be given only after a preliminary calculation of the existing pension in order to take measures to increase it based on the individual characteristics of the future pensioner.
