Disability retirement pension - what is it? Who can receive a disability insurance pension, how to calculate the amount of the monthly benefit and for how long is the labor pension assigned? The amount of pensions for disabled people in 2017 and other topical issues.
The Constitution of our country calls Russia a social, that is, caring for its citizens, state. This means that any person, in case of loss of health, can count on support from the authorities. This is primarily reflected in the monthly payment of the pension.
In our country, there are 3 types of such benefits:
- social disability pension;
- state pension provision;
- and disability retirement pension.
It is the third option that is best suited for people who have lost their health in adulthood. In this connection, this pension has several important differences from the other two types of social security.
Purpose, structure and nuances of labor pension for people with disabilities
The disability labor pension was introduced so that people who, due to injury or illness, have lost the opportunity to earn their own living on their own, could lead at least a relatively decent lifestyle. It is for this that the state compensates them monthly income (or, rather, part of it), which they once received through work.
These payments are formed from three components:
- The basic (mandatory) part, estimated as the minimum amount that must be paid to a citizen who is unable to engage in professional activities, regardless of his length of service; its size is influenced exclusively by the disability group.
- The funded part, which directly depends on the time of the onset of the disability and the average earnings (from which, as you know, contributions to the insurance fund are paid). Often the funded part turns out to be extremely low even with a high salary, since not everyone works with a mark in the work book.
- And the insurance part, appointed from the fund of the insurance organization in which the citizen is registered.
It is because of its structure that this type of social benefits is often called insurance, rather than labor, disability pension.
In Russia, no one has the right to prohibit a person from choosing the most convenient pension option for him. So, sometimes it is more profitable to give up a labor pension (for example, in the case of a short length of service or a low "official" salary) and apply for a social pension, which the disabled people are entitled to is a clearly fixed amount for each category.
Pension protection for disabled people: federal laws
The peculiarities of the labor pension assigned to disabled people, the conditions for its receipt, the norms for calculating payments and other aspects are regulated by several regulatory documents at once.
The main one is Federal Law No. 166 "On State Pension Provision in the Russian Federation" dated December 15, 2001. It defines the features of all types of pensions, the conditions for the appointment of each of them, and considers many other issues.
The labor (or insurance) disability pension is considered in more detail in the Federal Law No. 173 of December 17, 2001 "On labor pensions in the Russian Federation".
The main aspects, with the exception of the procedure for calculating pensions, are specified in the Federal Law No. 400 "On Insurance Pensions" dated December 28, 2013.
And, of course, we must not forget about the decrees of the Government of the Russian Federation, which indicate the minimum amount of payments for the current year.
Conditions and features of assigning an insurance pension to disabled persons
According to the law, the following persons can apply for a labor disability pension:
- citizens of Russia;
- foreigners permanently living in the territory of the Russian Federation;
- stateless persons - of course, only on condition of permanent residence in Russia.
The insurance type of pension is assigned only to those persons who have already reached working age (in Russia it is equal to 18 years), and is paid until the beginning of the retirement age (it is 60 and 55 years for men and women, respectively).
According to the Government decree, persons with disabilities in the Russian Federation are recognized as persons with disabilities or suffering from impaired body functions that do not allow them to lead a full-fledged lifestyle. This definition includes both people with various impairments of hearing, vision, speech, musculoskeletal system, and persons suffering from incurable diseases or injured, interfering with an active lifestyle.
The size of such a pension (as well as the right to it itself) does not depend on the cause of the disability: for example, a disabled child who works according to a work book has the same chances of receiving a disability retirement pension as a citizen who has lost his sight in the result of a car accident. The moment at which the disability occurred does not play a role either: during the performance of official duties, before entering a new position or after dismissal from the workplace.
True, the law still provides for the grounds on which the commission has every right to refuse a citizen to assign a labor pension on the basis of disability. There are only three of them:
- The onset of incapacity for work in the course of the commission of a criminal offense;
- Deliberate self-infliction of injuries incompatible with further professional activity;
- The citizen has no official work experience.
In these cases, a person will be able to rely only on a social pension (which, unlike the usual "social system", which is due to disabled children, will be assigned only upon reaching the standard retirement age).
Term of payment of labor pension to disabled persons
The period from which the disability retirement pension will be calculated is calculated in two ways:
- Since the onset of disability. This method is used in the event that the insured person has submitted a petition for the appointment of a pension in any period from 1 day to 12 months from the date of his recognition as incapable of work. For example, if the group was assigned on February 1, 2017, and the application for the establishment of a pension was sent in October of the same year, then the citizen will be entitled to payment of pension benefits for 8 months, from February to September inclusive.
- From the date of submission of documents. According to this method, the pension is calculated for those who applied for a pension more than a year after the disability was granted.
Such requirements were adopted in order to protect people with disabilities: after all, it often happens that after receiving a disability, a person is in a hospital or undergoes rehabilitation, and cannot immediately contact the relevant authorities. At the same time, he needs material means for life just like other people, because many have to pay impressive bills for treatment.
In order for the pension to be paid without interruption, it is necessary to undergo a medical examination on time (except for those cases when the disability is granted indefinitely, which occurs with injuries that cannot be restored - for example, amputation of a limb). Citizens with II and III disability categories will have to undergo a medical examination annually. For people with group I, a visit to the ITU once every 2 years is enough.
The labor pension is paid to the disabled person up to the accrual of the age-related insurance pension. Or, if the work experience in all official places of work turned out to be less than 5 years, until the moment when a social old-age pension is assigned (that is, up to 60 years for women and 65 for men).
The amount of cash benefits for different categories of disabilities
The retirement pension for persons who have lost the ability to work is not fixed, but is calculated for each applicant individually.
Several factors affect its size:
- the category of disability assigned based on the results of the medical examination;
- labor (obligatory official, specified in the documents) length of service of a citizen applying for a pension;
- date of onset of disability;
- and the period during which the disabled person, who received official recognition of their incapacity for work, continued their professional activities. For example, in our country there are institutions that provide work for people with III, II and even I groups of disabilities.
In addition, the volume of monthly payments will be recalculated if the person applying for a pension has lived in the Far North for a long time or has in the care of disabled family members who are not able to independently support themselves. These conditions provide a fixed monthly premium to the principal amount of the benefit.
You can calculate the size of the disability labor pension (excluding allowances) using a simple formula:
TPPI (Labor Disability Pension) = PC / (T * K) + B, where:
- "PC" - the pension capital of a disabled person, more precisely, its amount on the day of application.
- “T” is the “survival period” during which the person will be paid the benefit (this period is calculated from the moment the disability pension is awarded to the beginning of the old-age pension payments). From 2013 to the present day, the maximum established period is 228 months - or, respectively, 19 years.
- "K" is the coefficient of insurance (note, not labor!) Length of service. It is defined as the insurance period at the time of legal recognition of disability, divided by 180. For people who have lost their health after reaching working age, but up to 19 years, it is automatically set at 12 months. If the disability occurs at a later age, 4 months of insurance experience is added for each subsequent year. The full working period for men in our country is 42 years (from 18 to 60 years), which exactly corresponds to 180 months of insurance experience. For women whose retirement age is 5 years earlier, the maximum length of service will be 160 months. It follows from this that the later the disability occurs, the lower the value of the coefficient "K" will be, which means the higher the level of monthly payments.
- "B" is the basic amount of the pension, which is set by the state separately for each category of disability. This is the minimum amount of retirement benefit that will be paid to a citizen.
In 2017, according to indexation from February 1, the basic amount of the insurance pension was set at 4,805 rubles 11 kopecks. Accordingly, the minimum fixed payment will be:
- for disabled people of group I - 9 610, 22 rubles
- for disabled persons of group II - 4,805.11 rubles.
- for disabled persons of the III group - 2,402.56 rubles.
The total amount of the insurance pension is also affected by the presence or absence of dependents in the care of the disabled person (that is, minors or disabled children or other relatives who are supported by the disabled person).
A supplement is paid for each dependent (but not more than three), the amount of which is 1/3 of the basic part of the pension. In the event that 4, 5 or more dependents are in the care of a disabled person, the premium to the payment will be equal to one basic amount established for this group.
Thus, the minimum pension benefit, for 2017, will be, for group I:
- 11211, 93 rubles, if there is one dependent;
- 12813, 63 rubles for disabled people with two dependents.
- for a disabled person with three or more dependents, the minimum amount is 14,415.33 rubles.
For disabled persons of group II, the minimum amount of payments will be equal to:
- 6406, 81 rubles with 1 dependent;
- 8008, 51 rubles - with two;
- 9610, 21 rubles with three or more disabled relatives.
For citizens, foreigners and stateless persons with the III group of disability, the basic pension, taking into account allowances, will be 4004, 26 rubles, 2443, 96 rubles and 7207, 66 rubles, respectively.
In Russia, there are special allowances for pensions for persons living and working for a long time in the Far North (and, accordingly, in regions close to them in terms of climatic conditions). There are two types of charges:
- 50% of the basic pension (recall that it depends on the severity of disability), for people who have worked for 15 years or more in the regions of the Far North (such an advantage is enjoyed by the Arkhangelsk, Murmansk, Magadan and most of the Irkutsk regions, Nenets Autonomous Okrug, Kamchatka Territory, Chukotka Peninsula, Yakutia and some other areas).
- 30% - for persons engaged in labor activities in regions equated to the Far North (among them are some regions of Altai, Buryatia, Transbaikalia, some cities of the Primorsky Territory, and so on). In order to receive the allowance, the period of work under these conditions must be at least 20 years.
It's no secret that the purchasing power of money can decrease due to inflation. In order to compensate for the decrease in the real cost of pension payments, indexation is carried out. Unlike the social pension, the disability labor allowance is indexed twice a year, on February 1 and April 1, which makes it more profitable in the face of constant price increases.
An example of calculating a disability retirement pension
Many people outside the economy find it difficult to calculate the size of their possible disability pension. At the same time, sometimes it is necessary to do this (for example, when the question arises of choosing the type of social benefit). Let's consider the process of calculating the retirement pension for a person who has lost the ability to work, using a specific example.
Citizen N, 28 years old, was assigned a disability of the II group. The amount of pension capital at the time of recognition of her incapacity for work is 160,000 rubles, the total work experience is 10 years, taking into account that the first entry in the work book refers to the age of 18. The citizen is in charge of 1 dependent.
To begin with, let's calculate the insurance experience of citizen N. It will be equal to 12 months for the first year of work, plus 4 months for each subsequent year. We get the formula: 12 + (9 * 4). Total - 48 months of insurance experience.
The survival period (T) in this case will be set to the maximum (228 months).
"K" - the coefficient of insurance experience - will be equal to 48/180, that is, 0, 26.
The basic pension for the II group is 4,805.11 rubles.
Substituting the known data into the formula "TPPI = PC / (T * K) + B", we see the following numbers:
TPPI = 160,000 / (228 * 0.26) + 4805.11 = 7,504.16 rubles.
We add to this amount a supplement for a dependent (1/3 of the base size for group II, that is, 1 601.7 rubles).
Thus, the total size of the monthly labor disability pension for citizen N will be 9,105 rubles 86 kopecks.
How to apply for a labor disability pension
To assign a labor disability pension, you must submit a mandatory package of documents:
- identity document;
- a certificate of passing a medical examination, which will indicate the assigned disability group;
- SNILS;
- IPR (Individual Rehabilitation Plan)
Applications for the appointment of a labor disability pension are considered within 10 days from the date of submission of documents.
The labor disability pension compares favorably with other social benefits in its flexibility. At the same time, this type of compensation is not suitable for everyone. Before submitting documents, you should carefully consider all the pros and cons of an insurance pension for disabled people, and only then go to the Pension Fund.
