Peculiarities of formation of individual pension coefficient for pensioners silver block

The purpose of the paper is to analyze the mechanism of legal regulation of the old-age insurance pension for such a social group as pensioners of the Ministry of Defense of the Russian Federation and persons equated to them—pensioners of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, etc. in terms of compliance of the norms that determine the amount of such a pension with constitutional norms and principles. In particular, the paper analyzes the norms of those federal laws, on the basis of which the rights and freedoms of a citizen and a person are restricted in terms of determining the size of the old-age insurance pension (without including the fixed payment) and the formation of an individual pension coefficient for those retirees of the power block, who during their service carried out activities, not prohibited by law, on the basis of civil law contracts, etc. (teaching, authoring, etc.). (teaching, author's contracts, remuneration for the results of intellectual activity), under which compulsory payments to the Russian Pension Fund were made.

According to the results of the analysis, a conclusion is made (and this is the first problem identified) with regard to the fixed payment as part of the old-age insurance pension, which is not included in the amount of the above-mentioned pension assigned to military pensioners, pensioners of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia and the like. Thus, it is concluded that the constitutional principles of law do not apply equally and fully to all subjects of pension relations.

In this connection, it should be noted that another problem has been identified for the power bloc pensioners: when determining the individual pension coefficient, it does not include those insurance contributions transferred in accordance with the tax legislation by the insurers of insurance contributions to the individual personal account of the insured person in the system of mandatory pension insurance in cases when the insured person, being engaged in military (equated to it) service, received profit in the framework of the performance of work and services under civilian contracts. Therefore, in order to restore social justice, it is self-evident that it is necessary to amend the current pension legislation with regard to the fixed payment (in particular, Article 16 of the Federal Law 400), as well as to initiate a review by the Supreme Court of the Russian Federation of the law enforcement practice with regard to the part of military pensioners whose individual pension coefficient does not include insurance premiums paid for them during their military service. This applies to pensioners of the entire power bloc. In our opinion, a number of law enforcers incorrectly apply the rules of legal technique, when they mix phenomena of different physical nature - space and time (insurance record and insurance premiums), legal facts, and on this basis draw a cause-and-effect relationship between them, and maybe even—go beyond their competence, intruding into the sphere of rulemaking - when they introduce into the norm of paragraph 4 of Article 13 FZ-400 non-existent. Paragraph 4 of Article 13 of the Federal Law 400, a disposition that does not exist there.