Monetary compensation as a result of causing damage to citizens during the performance of their military duties is paid in accordance with the requirements of Federal Law No. 306 of November 7, 2011 “On the monetary allowance of military personnel and the provision of individual payments to them.”
Types of compensation for military personnel when injured in service
Payments for military injuries in 2017 are made to compensate for the following types of damage caused to the health of a military personnel:
- during the period of service;
- as a result of exposure higher level radiation (during maintenance of radiation facilities, testing, liquidation of accident consequences);
- when illegal actions are committed by representatives of the judicial authorities (inquiry bodies, prosecutor's office);
- as a result of illegal actions committed by representatives of local government or the military department;
- during the performance of official duties, if the damage caused to health is not related to the commission of unlawful actions by representatives of various structures.
The procedure for compensation for damage in the event of injury to a military personnel
The one-time compensation that is due to a serviceman (officer, midshipman or warrant officer) is paid after representatives of his part send the necessary package of documents to the appropriate organization that has entered into an agreement with the military department. The package includes the following documents:
- a statement of the established form, which is written by a military personnel. This document contains a request for payment of benefits to a military personnel in connection with his dismissal from service, during which he received a military injury;
- a certificate signed by an official of the military unit and the presence of an official seal - to confirm that a serviceman received an injury during the period of service;
- a certified copy of a medical report (certificate) with information about the soldier’s illness;
- a certified copy of the order to exclude from the personnel a part of the serviceman who was injured.
A serviceman can submit all of the listed documents for payment of compensation independently.
The basis for payment of compensation and pension to the injured serviceman in this case will be the cause-and-effect relationship that arose between the incident as a result of which he was injured and the performance of his immediate duties. This connection is confirmed by the conclusion of the military commission.
A serviceman recognized as disabled as a result of injury during service, in order to receive the due compensation, must apply to the state social protection authority at his place of residence vested with the appropriate powers and write a statement in the established form.
This statement must contain:
- petition for monetary compensation to be paid monthly. The amount of such compensation is established taking into account the disability group assigned to the serviceman;
- details of the applicant's bank account.
The application must be accompanied by:
- document (copy) that proves identity;
- a copy of the conclusion (certificate, certificate) to confirm the fact that the disability group has been established as a result of a military injury;
- a copy of the order (certificate signed by the unit commander, military ID) confirming the injury to the serviceman during the period of service;
- a document (copy) confirming that the military personnel have received a pension from the relevant authority;
- document (copy) on the appointment of a guardian for a military personnel in connection with his recognition as disabled.
Compensation amounts
The legislation established the following amounts of monthly compensation for disabled people:
- Group I – 14 thousand rubles;
- Group II – 7 thousand rubles;
- Group III – 2800 rubles.
Every member of a military family who has become disabled as a result of an injury can also count on receiving compensation. The total amount of compensation will be equal to the derivative of dividing the total amount assigned to the disabled person by the number of family members.
Example. A group II disabled person receives an allowance of 7 thousand rubles. He has a wife and child. The family composition including a disabled person is 3 people. In this case, 7 thousand rubles must be divided by 3 - we get 2333 rubles per person. This means that the wife and child together will receive 4,666 rubles every month. Disabled person - only the 7 thousand rubles assigned to him.
If a serviceman is killed or dies, then each family member receives compensation calculated according to the same principle. The basis is the total amount of compensation for a disabled person of group I.
Monthly monetary compensation can be paid as a total amount to all family members or to each individual individually based on his/her application.
How much are military disability pensions paid in 2017?
A military serviceman's disability pension in 2017 is calculated in accordance with the Federal Law “On State pension provision V Russian Federation» dated December 15, 2001 No. 166-FZ (hereinafter referred to as Law No. 166-FZ):
- those who have received group I or II disability due to a military injury are paid 85% of the monetary allowance received during the period of service; Group III – 50%;
- those who become disabled in group I or II as a result of an illness acquired during service are assigned 75% of the monetary allowance that was paid during the period of service; Group III – 40%.
Disabled military personnel have the right to apply for a social pension (SP), in accordance with Art. 15 of Law No. 166-FZ, the amount of which is:
- Group I (due to military trauma) – 300%;
- Group II – 250%;
- Group III – 175% of the social pension
Those who become disabled as a result of illness during the period of service are entitled to a social pension in the amount of:
- Group I – 250%;
- Group II – 200%;
- Group III – 150%.
A military pension in connection with the death of a breadwinner is established for disabled family members of a deceased serviceman (Article 36 of the Federal Law “On pension provision for persons who served military service..." No. 4468-1 dated December 15, 2001) in the amount of:
- 50% of the monetary allowance – after the death of a serviceman from a military injury;
- 40% of the amount of monetary allowance - in case of death from an acquired disease during the period of service.
Close disabled relatives of a deceased serviceman may, in accordance with Art. 15 of Law No. 166-FZ, apply for a social pension in the amount of:
- 200% – in case of death from injury;
- 150% - in case of death of a military man from a disease acquired during service.
Indexation of military pensions is provided for by the state when prices for consumer goods increase.
What a soldier who was injured while on duty needs to know
Citizens dismissed from service due to injury and receiving a disability pension have the right to apply for a second (labor) pension in the following cases:
- upon reaching a certain age established by law;
- if there is a minimum length of service to receive a second pension, without taking into account which the disability pension was assigned. From 2016, the insurance period will increase by 1 year (in 2015 it was 6 years) until 2024;
- if they were granted a pension as an employee of the Ministry of Internal Affairs or other law enforcement agencies due to assignment of disability of group I, II or III.
If a service member is denied compensation or a pension, then in some cases it may be necessary to go to court. Experienced lawyers from our company can help you draw up a statement of claim. Judicial practice most often follows the path of satisfying claims for compensation for health damage due to military injuries. Therefore, by properly justifying your demands, you can win the process and receive the amounts due.
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The euphoria from the “active” actions of Vladimir Shamanov and the State Duma Defense Committee headed by him has ended. On December 7, after consideration of the 2017 budget, bill No. 15473-7, directly related to the indexation of military pensions in 2017, was adopted in the second and third readings.
Chief defender of the 2017-2019 budget. Anton Siluanov
THE FEDERAL LAW
“On suspension of the second part of Article 43 of the Law of the Russian Federation “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, Federal Service of the National Guard Troops of the Russian Federation, and their families" in connection with the Federal Law "On the Federal Budget for 2017 and for the planning period of 2018 and 2019"
Article 1
1. Suspend until January 1, 2018 the effect of part two of Article 43 of the Law of the Russian Federation of February 12, 1993No. 4468-I"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, the Federal Service of the National Guard of the Russian Federation, and their families "(Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 9, Art. 328; Collection of Legislation of the Russian Federation, 1995, No. 49, Art. 4693; 1998, No. 30, Art. 3613; 2002, No. 27 , Art. 2620; 2003, Art. 2700; 2011, Art. 6407;
2. Establish that the amount of monetary allowance taken into account when calculating pensions in accordance with Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-I “On pension provision for persons who served in military service, service in 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, the Federal Service of the National Guard Troops of the Russian Federation, and their families", from February 1, 2017 is 72.23 percent from the amount of the specified monetary allowance.
Article 2
This Federal Law comes into force on January 1, 2017.
The president
Russian Federation V. Putin
Considering that canceled for another year(until January 1, 2018, that is, the 5th year in a row) indexation of military pay, Also indexation canceledmilitary pensionsby no less than 2 percent from January 1, 2017.
Also silently May Decree of the President of the Russian Federation No. 604 is not being implemented(dated May 7, 2012) on the annual increase in military pensions by 2 percent above the inflation rate. Inflation planned by the government for 2017 in the budget of 4%, in accordance with this Decree, should have led to an increase in military pensions by at least 6%. But from February 1, 2017, military pensions will be indexed by only 4%(72.23/69.45=1.04). And no further indexation of military pensions is provided for in 2017.
At the beginning of 2017, all pensioners, both military and civilian, will be paid 5 thousand rubles as consolation compensation for the lack of a second indexation of pensions in 2016.
Civil pensions are also planned to be indexed from February 1, 2017, but more than military pensions, that is, in accordance with the 2016 inflation rate (approximately 5.5 percent).
Tighten your seat belts, dear military retirees. You already live well. And all your past achievements, when you risked your health and life, steadfastly endured the difficulties and deprivations of military service, huddled in strange corners, are in the past. The state is trying to forget about them. It’s not easy to forget, but every year, without hesitation, he lowers the standard of living of military pensioners lower and lower and cancels the indexation of pay and military pensions required by law.
P.S. This situation was already observed in the early 2000s and ended with a massive transition of military pensioners to civilian pensions. But today, while average military pensions exceed civilian ones by more than one and a half times, those at the top apparently believe that nothing terrible is happening and military pensioners can once again (many, many times!) be patient and wait until oil reaches $100 per barrel or as a result of some miracle, the Russian economy will not work and its growth rate will be at least 5-7 percent per year.
Military service is an activity characterized by special health risks. Therefore, the legislation of the Russian Federation provides for special conditions for the detention of disabled people who lost their health during the performance of combat missions.
Definition
A military disability pension is considered to be a payment to a retiree assigned due to loss of ability to work during the performance of official duties or no later than three months after dismissal from service, or if the disability occurred later than this period, but due to injury, concussion, injury or illness received during the period of service. .
- Its main characteristics:
- provided from the federal budget or the Russian Pension Fund (PFR);
- assigned to persons recognized as disabled by the Military Medical Commission (MMC);
- valid limited until:
- removal of disability; achievements retirement age
established by law.
The disability pension for military personnel differs from the labor pension for civilians: it is not earnings that are taken into account, but the monthly allowance of the military personnel (EDS). A common feature of these two types of state support for disabled people is that benefits depend on length of service. How more people
worked, the higher his salary for loss of health.
- Important: military disability pension is assigned according to different methods:
- conscripts;
contract soldiers.
Who is entitled to
- Law No. 4468-1 of February 12, 1993 contains a list of persons who are entitled to state disability benefits. In particular, these include:
- Citizens who held officer positions, or served as midshipmen, warrant officers and privates in the ranks:
- Armed Forces of the Russian Federation (AF);
- United Armed Forces of the Commonwealth of Independent States;
- Federal Border Service;
- Internal and Railway Troops of the Russian Federation;
- government communications and information authorities;
- State Security of the Russian Federation;
- border troops;
- foreign intelligence;
- state security agencies;
- military prosecutor's office;
- bodies of the penal system;
- fire service;
- drug control authorities.
- Military personnel of other countries that have relevant agreements with Russia.
- People who served in foreign countries, in the absence of an agreement between the parties.
- Military personnel of the USSR.
Conditions for applying for a pension for loss of health
- due to military trauma (wound);
- due to an illness that occurred during service.
The following conditions determine the options for identifying diseases that lead to the assignment of payments:
- disability was assigned directly during the period of service;
- such a state occurred within three months after its completion;
- the cause of disability was injury (trauma) - without taking into account the timing.
About categories of disabled pension recipients
- Soldiers who became disabled as a result of military trauma during the defense of the Motherland:
- contusions;
- mutilation;
- injuries;
- other types of diseases;
- captivity.
- Citizens whose health has suffered under circumstances not related to the performance of military duty (but during service).
There are three disability groups:
- The first two include retirees who have completely lost the ability to work:
- 1 - need outside care;
- 2 - able to take care of themselves;
- The third group includes people who have partially lost their ability to work.
Re-examination
The disability status is recorded:
- for a certain period;
- indefinitely.
In the first case, the documents indicate the date of the next survey. If persistent negative changes in health status are detected, disability is prolonged. If health workers establish an improvement in the condition, then the group may be:
- changed to lighter;
- cancelled.
Amount of charges
The amount of the pension depends on the type of service and the reasons for the disability.
It is calculated:
- for conscripts from the amount of social pension (SP) (Article 15 of Federal Law No. 166);
- for contract soldiers from the EDD (Article 22 of Federal Law No. 4468-1).
The specific amounts of payments are shown in the table.
Attention: the minimum values for contract service employees, including the Ministry of Internal Affairs and other ministries, are established for persons with a small salary.- Conscript A. Varentsov was wounded while performing his military duty. The event occurred in May 2017.
- A medical and social examination assigned him group 1.
- A. Varentsov was discharged from the army.
- He applied to the Pension Fund for the assignment of pension benefits, providing all the necessary papers.
- Based on Article 15 of Federal Law No. 166, A. Varentsov was assigned state support in the amount of 300% of the joint venture:
- from April 1, 2018 to April 1, 2019, the size of the social pension was equal to 5180.24 rubles.
- Varentsov A. will receive monthly: 5180.24 rubles. x 300% = 1540.72 rub.
Increase in payments
In certain situations, various additional payments to pension content are legally made to retired military personnel.. These include:
- 100% SP upon reaching the 80th birthday;
- if the pensioner has dependents, the supplement depends on their number:
- for one - 32%;
- for two - 64%;
- for three or more 100%;
- After the Government of the Russian Federation has established the inflation level for the past period, the SP is indexed.
Honored retired soldiers receive additional payments based on Articles 46 and 48 of Federal Law No. 4468-1. Namely:
- the payment is doubled if the citizen is awarded one of the following titles:
- Hero of Russia;
- Hero of the USSR;
- or this citizen has been awarded the Order of Glory of three degrees;
- 50% is added for the title:
- Hero of Socialist Labor;
- Hero of Labor of Russia.
In addition, the regional coefficient for residents of the Far North and equivalent regions is applied to the income of retired military personnel based on current legislation.
Package of documents for assignment of payments
Issues related to military pensions for loss of health are dealt with by:
- Pension Fund, if a conscript employee applies;
- the relevant ministry under whose leadership the disabled person previously served.
An application must be submitted to the department in the prescribed form, attaching the following documents:
- Copies:
- passports;
- military ID;
- certificates of disability.
- Originals:
- conclusions of the Military Medical Commission;
- other documents related to the case, for example, about the presence of dependents.
Documents can be submitted:
- by mail;
- personally;
- through the MFC;
- “Personal account of a citizen” on the official web resource of the Pension Fund of Russia.
How are payments made?
Material support to former soldiers is transferred monthly for the current period. They choose the form of receiving funds independently:
- postal transfer;
- bank transaction (to an account or card);
- through the services of an enterprise licensed to deliver money (only for former conscripts).
Pausing and resuming content
Issues of making payments in case of missed re-examination are regulated by Article 27 of Federal Law No. 4468-1:
- If a citizen misses the deadline for the next check, then the transfers stop until the group is confirmed.
- They are resumed after the government agency receives a new VMC (or ITU) result.
- If the group is changed, then payments for missed time are made according to the old data.
- In the event that a former soldier missed the examination for a valid reason, he is paid all untranslated allowance in full.
- If the disability is canceled, the payments stop.
Right to a second pension
Disabled military personnel are often employed in civilian jobs. If the employment relationship is formalized, the employer transfers contributions to the Pension Fund for it. Consequently, a citizen receives the right to insurance content based on age.
It is assigned subject to the following conditions:
- Reaching the mandatory age limit for employment:
- 60th birthday for women;
- 65th birthday for men;
- otherwise, in accordance with the laws;
- Availability of the applicant in 2020:
- 11 years of civil experience (10 years in 2019);
- 18.6 pension points (16.2 points in 2019).
In addition, the following payment nuances should be taken into account: civil pensions for disabled retirees:
Conditions for granting a disability pension in 2020
Citizens who have lost their ability to work due to deteriorating health are prescribed disability payments. They are provided by or line.
Former military personnel are provided for at the expense of the state through an interdepartmental line. That is, funds for issuing pensions are distributed from the federal treasury to various structures. Supply military carried out Ministry of Defense(Ministry of Defense).
Amount of disability pension in 2020
Magnitude the assigned payment to the pensioner is established Art. 22 of Law No. 4468-1. Its size for citizens who have received restrictions due to injury:
- 1 and 2 groups in total 85% from their official salary;
- – 50%.
Persons recognized as disabled as a result of illness:
- 1st and 2nd groups – 75%;
- 3 groups – 40%.
If the applicant’s official salary is considered insufficient, he is provided with the following benefits:
- due to injury - 300% calculated indicator, – 250%, 3 groups – 175%;
- in connection with a disease of group 1 – 250%, 2 groups – 200%, 3 groups – 150%.
The calculated figure is calculated from the amount of the social pension determined by the government. On 2020 this indicator is equal to - 5653,72 rubles
Military personnel who become disabled as a result of their own illegal actions are awarded a social pension. Her size taking into account indexing 2020:
- 1 group: 11 307,47 rubles;
- 2 groups: 5653,72 rubles;
- 3 groups: 4805.7 rubles.
Produced annually revision of values paid benefits. Cause: an increase in prices for consumer goods (inflation) or a change in the size of the official salary of the serviceman himself. This procedure is called.
Military disability pension in 2020 will be increased in the next deadlines:
- In October by 3% due to an increase in salaries for active military personnel. The value of the reduction factor will remain at the same level and amount to 73.68% (only for disabled people who have received a long service pension).
- In January increased insurance pensions for those who are entitled to 2 benefits. The cost of one IPC will increase to 93 rubles.
- In April by indexation factor 7%. Will affect citizens receiving payments in a fixed amount to the established calculation indicator. After the increase, this amount will reach – 5653.72 rubles.
If the applicant's health deteriorates, he may be group revised disability. After this, a benefit is assigned in an amount corresponding to the degree of limitation. In this case, the new amount cannot be less than the one already paid.
The procedure for registering and receiving a pension
Pension provision for military personnel depends on their departmental affiliation. That is, the majority of military personnel are assigned and paid Ministry of Defense. For other recipients whose pension is calculated from the calculated indicator, registration takes place in pension fund(PFR).
Additional social guarantees, including increase To military pension for disability, can be established at the level of local administration. To do this, an application is submitted to the territorial branch of the Pension Fund or Social Security.
How to get payments:
- Collecting the necessary package of documents and contacting the reporting agency.
- Submitting an application and attaching the necessary documents to it.
- Waiting for an official decision within 10 working days.
If the application is successful, the applicant can choose one of the following: ways to receive money:
- through a bank by opening a personal account;
- through the post office;
- through an organization accredited to provide similar services.
A disabled person can receive funds personally or through a representative. In case of using the services of a trusted person, a power of attorney is issued through a notary for a period of up to 1 year. For incapacitated and inactive citizens, the opportunity to have a pension delivered to their home is also provided.
List of documents
Attached documents when submitting an application for payment:
- Passport or other document identifying the applicant and/or his representative.
- Notarized power of attorney (if necessary).
- Certificate of medical examination with a decision to assign a disability category.
- A document confirming your actual place of residence.
- Extract from the dismissal order.
- Certificate of disabled family members - dependents (if any).
Example for a military disability pension
Citizen Semelak A.P. is a veteran of combat operations in Afghanistan who became disabled while on duty (due to injury). He was assigned group 2. Over time, due to health complications, the citizen turned to a competent medical institution for re-examination.
After studying the causes, factors and conditions influencing the occurrence, development and outcome of disability, specialists from the ITU Bureau confirmed the deterioration of health. The veteran was assigned disability group 1. In addition, he is dependent on two disabled children.
Calculator calculation pensions for a military disabled person of group 1 with two dependents:
RS = (RP*KI) + (D*K), Where:
RS– calculated value;
RP– calculated indicator (5653.72 rubles);
CI– coefficient paid extra for a particular degree of disability (for group 1 300%);
D– additional payment for a dependent (1884 rubles);
TO– the number of such citizens.
(5653,72 * 300%) + (1884 * 2) = 16 961,16 + 3 768 = 20,729.16 rubles.
Conclusion
Military pensions for disabled people are paid through an interdepartmental line at the expense of the federal treasury. Main conclusions:
- Established by the Ministry of Defense or Pension Fund depending on the category of the recipient.
- Payments are subject to recalculation due to rising inflation, an increase in the reduction factor or an increase in the corresponding official salary.
- The pension is assigned upon presentation of a copy of a medical and social examination certificate.
- Delivery of funds can occur via mail or bank.
- Sedentary citizens can use the service home delivery of pensions or provide cash withdrawal to a trusted person.
