In life, a moment comes when a person loses the ability to work. It is not so important why it happens, whether due to the onset of a respectable age, or the ability to work was lost due to illness, but an independent search for means of livelihood becomes problematic. In this case, the state bodies of the Russian Federation provide for a pension insurance system.
What is it and what does every citizen need to know about this issue? Let's figure it out.
Mandatory pension insurance
Today, the pension system is almost the only one in Russia, which undergoes changes almost every year. Nevertheless, the main type was and remains compulsory state pension insurance - the system of state payments of labor pensions to citizens who have lost the ability to work. The accumulation of funds for such payments is made at the expense of employers who make monthly contributions to the Pension Fund.
The fundamentals of state regulation in the OPS system are established in accordance with the Law “On Compulsory Pension Insurance in the Russian Federation” No. 167 - FZ of December 15, 2001. This document defines the legal status of the subjects of the PCO, their basic rights, duties and degree of responsibility. Supplementary pension insurance is regulated by the Russian Federation:
- The Constitution of the Russian Federation.
- Federal Law No. 173 “On Labor Pensions in the Russian Federation”, effective as amended on 12/28/13.
- “On the basics of compulsory social services. Insurance ”- Federal Law №165, edition 01.12.14.
- No. 27 - Federal Law of April 1, 1996, “On Individual Accounting in the System of Mandatory Pension Insurance”.
- Federal Law No. 272 of October 16, 2010, “On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Fund for Mandatory Medical. insurance and territorial funds compulsory med. insurance. "
- Some other laws and regulations adopted on their basis.
Based on the legislation of the Russian Federation, pension insurance in Russia is carried out by an insurer, which can be either state-owned (PFR) or non-state.
The state insurer is the Pension Fund of Russia (Pension Fund of Russia), which has an extensive network of territorial branches, which makes up a single integral mechanism.
Along with the Pension Fund of the Russian Federation, non-state-owned pension funds can also act as insurers for OPS, whose activities are strictly controlled and regulated by law. The federal laws of the Russian Federation clearly define the procedure for forming pension savings, the possibility of investing them, the payment procedure, as well as the amounts and terms of insurance contributions. Regardless of the status of the insurer, it has both rights and obligations.
- require the tax authorities to provide information on the insured persons and the insured (including confidential information), if this is necessary for the implementation of compulsory pension insurance;
- to carry out checks related to the accrual, payment and recalculation of insurance coverage, to obtain information on individual records of the insured;
- in the event of violations, to demand that the managers of the enterprises independently eliminate them;
- to return the premiums paid back to policyholders if it is not possible to establish for which insured persons they are paid for;
- to independently manage the funds of the Pension Fund of the Russian Federation, as well as to control the legality of their spending.
- conduct free consultations and timely inform about innovations in the field of pension insurance;
- maintain a data bank of policyholders and individuals participating in the OPS system on a voluntary basis;
- calculate and ensure timely payment of labor pensions and other payments provided for by the pension system of the Russian Federation;
- to monitor the documentation in the field of pension insurance, as well as to ensure the proper use of funds;
- register insurers and deregister them;
- form the draft budget of the Pension Fund of the Russian Federation and ensure its execution;
- promptly offer a justification for the insurance deduction tariff, carry out high-quality cash accounting and inform all participants in the process about their financial condition.
No pension insurance would be possible without another participant in the process - the insured, which can be an organization, an individual entrepreneur or an individual who makes monthly contributions to the Pension Fund.
- participate in OPS through their representatives;
- defend their rights in court;
- request from the insurer the gratuitous provision of information on the amount of insurance coverage paid to the insured person for whom he made insurance payments;
- timely receive from the insurer information on changes in legislation in the field of OPS.
- transfer insurance premiums to the Pension Fund in a timely manner and to the fullest extent;
- immediately eliminate violations identified during inspections;
- provide documents to PF to ensure the maintenance of personalized accounting and timely calculation of insurance coverage.
Citizens of Russia, foreigners or stateless persons temporarily or permanently living in the territory of the Russian Federation who, according to the law, are entitled to mandatory pension insurance, are classified as insured persons.
- timely and in sufficient quantities to receive payments OPS, formed at the expense of the funds of the Pension Fund of the Russian Federation;
- to defend the rights in court;
- upon request, receive information on the number of deductions to the Pension Fund and the timeliness of their payment.
- present as a basis for the calculation of the pension documents containing extremely reliable information;
- promptly inform the insurer of any changes that may affect the amount and procedure for payment of insurance premiums.
Insurance certificate of the obligatory PS system
To fix your right to state pension insurance, you need to obtain a special insurance certificate confirming the registration of the insured person. This document is unique for each participant of the pension program, according to the number of the personal account information on all contributions made by the employer during the entire work activity is entered into the database. Subsequently, this will be the basis for the calculation and accrual of labor pensions.
You can get a personal insurance pension certificate in any territorial branch of the Pension Fund of the Russian Federation within one month from the date of application or by writing a statement at the place of work. The citizen is responsible for the certificate himself. After the labor contract is concluded with the employee, the policyholder withdraws his copy or rewrites the number according to which the deductions are made.
Contributions to the OPS
In addition to the state system of OPS, there is also a social pension insurance on a voluntary basis, conducted by non-state pension funds. Turning there, a citizen decides on the need for additional funding of personal pension in the future. To carry out this type of insurance can private pension funds or private insurance companies. What is the difference between insurance pension insurance:
- there is a choice of a variety of insurance programs;
- you can choose the monthly or quarterly nature of payments;
- the client determines the amount of funds to be paid at the end of the contract;
- you can independently adjust the size and order of payments.
This type of pension insurance is not mandatory, the contract is exclusively on a voluntary basis. It does not cancel the state pension insurance at all, but is an addition to it.
Formation of funded pension
Today, pension insurance offers citizens the division of pensions into two parts: compulsory, for which the state is responsible, and funded, transferred to the management of non-state funds. You should not survive here, the activity of APF is carefully controlled by the state. Such funds not only undertake to maintain the pension contributions of the citizen, but also undertake to increase them by investing in various fields through management companies. Thus, upon reaching the retirement age, a citizen has the right to count on substantial dividends.
How to manage a pension yourself
In order to take advantage of the funded part of the pension, you must personally contact the non-state pension insurance fund or insurance company and conclude an appropriate contract (carry an insurance certificate and passport). You also need to contact the territorial office of the Pension Fund and write a statement about the transition to the NPF.
If the chosen pension insurance fund something you do not like, you have the right to go to the service to another company. To do this, you need to write a standard application and conclude a contract with another insurer. You can do this every year from 01.09 to 31.12, but if up to retirement age you have 5 years or less, then you lose that right. Interesting funded part of a pension by the fact that the right to it in the event of death of the insured passes to the successors in title, statement to that effect may be filed in the SPC at any time.