How is the pension recalculated after the dismissal of a working pensioner?

Many people, having reached retirement age, wish to remain in their previous position. Reaching retirement age (for men 60 years old, for women 55, with the exception of preferential pensions) is not at all a reason for dismissal at the initiative of the employer, a reduction in salary or working hours. In addition, dismissal on such grounds is a violation of the principles of labor law.

According to the Labor Code of the Russian Federation, a working pensioner has the same rights and obligations as any other employee. However, an employee can terminate the employment contract at his own request due to retirement. He must inform the director of the organization about this a couple of weeks in advance. The pension will be calculated in accordance with the accepted rules for calculating pension benefits.

Pension increase

Due to rising inflation, every year the government revises the indexation of pension payments and increases cash subsidies to pensioners, taking into account the situation in the Russian economy. The basis for conversion is the average wage rate in Russia.

The basic rules of indexation in the country have not changed:

• Every year, insurance pensions are increased at the beginning of February;
• In April, social pensions are adjusted based on the inflation rate.

At the same time, social payments increase to a greater extent than insurance payments, by an average of 3%. Over the past five years, the social block has been increased by 10.3 - 14.1%, the insurance one - by 6.3 - 11.4%. You should not expect a significant increase in pensions.

What affects the indexing size?

Table 1 - Factors influencing the size of the premium

Working pensioner

For the coming year, the Russian government plans to increase pensions in two stages. At the beginning of February, insurance payments for disabled pensioners will be increased by 4%. Social payments will be indexed only at the beginning of April by the amount of actual inflation, for all pensioners without exception.

In 2021, indexation will not affect pensioners who have working status and are registered with the Pension Fund. They will receive only the insurance part of the pension without recalculation. Their pension will be fixed at the current level.

If a citizen of retirement age decides to resign, the amount of payments must certainly be revised. The April pension increase will still affect working pensioners.

Next year, the Government also plans to increase the pensions of disabled citizens by four hundred to six hundred rubles.

How much will be added to your pension?

To understand how much money will be added, you need to calculate how much a citizen loses while working after reaching retirement age.

Indexation of pensions from 2021 (it was in this year that supplements for working pensioners were stopped):

• 4% - 2021;
• 5.4% - 2021;
• 3.7% - 2021;
• 7.05% - 2021

With a pension of 10,000 rubles. – the increase amounted to more than 2500 rubles. It is worth considering that the percentage of the increase is made on the amount already increased in the previous year, minus regional ones, which differ depending on the capabilities of a particular subject.

After dismissal, an elderly employee should not wait for his former boss or PF employees to recalculate his pension. You need to go to the Pension Fund branch yourself to clarify everything, write an application, collect documents to submit. No documents - no recalculation!

Indexation of pensions for pensioners after dismissal

As soon as a working pensioner wishes to take a long-awaited vacation from his permanent place of work, the entire pension will be accrued to him in full, taking into account all previous increases according to the general rules provided for by the legislation of the Russian Federation. Pensioners will receive all missed indexations immediately, bringing payments to the required level. That is, the pension will immediately increase by the entire indexation missed earlier.

It is planned to recalculate pensions twice in the coming year:

The first stage is an increase of 7.5%. It will affect both blocks of pensions – social and insurance. The payment will be fixed at 4,386.59 rubles for age pensioners. For disabled people of group I and citizens over 80 years of age, the payment will be 8767.19 rubles. Therefore, the average size of the insurance pension from February 1, 2016 will increase by almost five hundred rubles and will amount to 12,603 ​​rubles.

The second stage of indexation will take place in early April. Usually it is lower than the first; the increase can only affect the insurance part of the pension. But this is just a guess.

It all depends on the specific state of affairs in the domestic economy and the level of current inflation.

How to calculate

The calculation is carried out according to the formula:

Benefit amount = initial pension + coefficient (individual) + points accumulated over the year + percentage increase for past years.

1 point = a certain number of rubles adopted by the legislation of the Russian Federation for the current year.

A percentage increase during recalculation is accrued on the basic amount of the pension, if it includes regional allowances; during indexation they are deducted. Detailed information can be obtained from specialists at the branches of the pension fund or MFC.

The pension is calculated on an individual basis, since citizens have different length of service, salaries, professions (harmfulness, Northern, military personnel, employees of the Ministry of Internal Affairs, civil servants).

Pension indexation

Pensions for working pensioners will be indexed only after leaving work. Indexation is “frozen” for the period the pensioner works. The new amount will be issued from the moment of termination of the employment contract. No compensation will be paid for previous years of service.

How to deal with pension points? Each working pensioner’s personal account with the Pension Fund reflects their pension points. Their maximum number is 10.

An increase in points for a working pensioner occurs due to monthly contributions from the employer. If you refuse to receive a pension for some time, the number of points increases to the maximum value. The number of these points is taken into account when assigning a new pension.

Who should be classified as working pensioners:

• All pensioners who work and for whom insurance premiums are paid by employers;
• Elderly people registered with the Pension Fund as entrepreneurs, persons providing legal services, lawyers, notaries, etc.

New pension legislation is causing unrest in society. Numerous questions arise that no one is yet able to answer:

• What about seasonal part-time jobs for retirees?
• How to control self-declared income - royalties, patents?
• What about retired entrepreneurs?

So far, these questions have received very contradictory answers.

What documents are needed

Basic documents to be provided: passport of a citizen of the Russian Federation, SNILS.

After termination of employment, you must write an application for recalculation to the Pension Fund in person (through a legal representative who has a notarized power of attorney).

Documents are sent to the pension fund branch, the local MFC (multifunctional center), by letter via mail.

Registered users on the official PF website can send through their personal account.

The application shall indicate:

• passport data;
• the reason for the recalculation (in this case, dismissal);
• list of documents.

In addition to the originals, copies of documents will be required; they must be prepared in advance.

In some organizations, the HR department itself collects all documents for indexing pensions so that their employees do not waste their time and send them to the Pension Fund.

Application forms can be downloaded from the website. When visiting a branch in person, an employee will give it to you to fill out and provide advice.

You must make an appointment with a pension fund employee in advance to avoid long waits in line.

Regulations for reviewing accepted documents and applications – 5 days. After their expiration, a positive/negative decision is made.

Payment of sick leave

How is sick leave paid after the end of your working career? What are the conditions for receiving payments?

• Sick leave is paid only for a month from the date of termination of employment obligations;
• The employer pays only the first three days of sick leave. The rest of the payment falls on the budget of the social insurance fund of the Russian Federation. It was there that the employer made monthly contributions;
• You must apply for payment within six months after the date of dismissal;
• Sick leave is paid only to those pensioners who have not yet found a new job;
• Only the certificate of incapacity for work, which is issued for the dismissed employee, is paid. Sick leave for caring for a child or elderly relative is not paid;
• An employee who is registered with the employment service can also count on receiving payments.

For what types of pensions is indexation prohibited?

The new rules do not apply to the following types of payments:

• Insurance pension.
• Fixed part.

When continuing to work, indexation is not applied to pensioners. They are not affected by the increase in security that occurs annually. The indexation coefficient itself was no exception. All payments of fixed types are subject to increase. Any citizen has the right to compensation with a larger amount as soon as his work activity ceases.

Assignment of payments to pensioners in case of dismissal

During the period that employees work, they receive wages. The specifics of the calculation depend on the rate at which the resigning employee is paid. If based on production, then accrue based on the number of manufactured parts, open cards, and sold positions. If they are paid at the rate, then for the days worked they are paid according to the average daily earnings.

Payroll

A situation in which an employee works for less than a full month, his estimated assignments are paid for the days actually worked. Calculation procedure:

1. Counting working days in the reporting period and the number of shifts worked.
2. We multiply the number of hours worked by the daily wage rate. If, say, you need to pay for 5 days, then 5*909.1=4,545.5 rubles.

Art. 136 of the Labor Code regulates the specifics of payment of wages for the period before dismissal.

Calculation of compensation for vacation

Before dismissal, an employee has the right to take vacation time off, and may receive compensation for it. As a rule, retirees choose the second option. Let's see how the calculation is made. Order:

1. Determination of unused vacation days. If, according to the standard, we take the indicator of 28 days (the number of days per year of work) and 5 months worked, we get the calculation: 28/5 = 5.6 days.
2. We round up and get 6 vacation days.
3. We multiply the days by the daily rate and get: 6 * 1030.92 = 6185.56 rubles. This will be the amount of compensation.

Legal regulation

The procedure for indexing monthly pension payments after termination of employment is carried out on the basis of the following legislative acts:

• Federal Law of April 1, 1996 No. 27-FZ. According to this law, a personalized accounting system was introduced. This innovation marked the beginning of the pension reform (since 2002);
• Federal Law of December 28, 2013 No. 400-FZ. This law regulates the procedure for registration and payment of pension insurance;
• Federal Law of December 29, 2015 No. 385-FZ. According to this law, from January 2021, a moratorium was introduced on the indexation of pensions of citizens who continue to work after retirement;
• Federal Law of July 1, 2017 No. 134-FZ. This act introduces changes to Part 3 of Art. 26.1 of Federal Law No. 400-FZ, concerning the period for calculating increased pensions after the dismissal of a working pensioner.

Watch the video. Review of indexation periods after dismissal for working pensioners:

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Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

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Transition from social pension to insurance

Those with at least 5 years of work experience are paid an insurance or labor pension. The main thing is to take into account the time when the contributions were transferred. The social pension is assigned a minimum amount for those who have no work experience. Therefore, this collateral option is less profitable.

If you have work experience, at least in a minimal amount, it is always recommended to switch from a social pension to a labor pension. You can complete the required time even after reaching the appropriate age limits.

List of documents for the Pension Fund of the Russian Federation

In most cases, a passport and SNILS are enough to carry out recalculations in accordance with all the rules. You must submit an application to initiate the process. The document is handed over to one of the employees - during personal visits, or through representatives. It is acceptable to contact MFC employees to send documents. The same can be done using mail or the official website of the Pension Fund.

The following information is included in the text of the statements:

• List of papers that were used as evidence.
• Reasons why the procedure had to be started.
• Passport details.

The authorities give the inspector 5 days to study all the information provided. Then a decision is made, positive or negative.

Indexing Rules

A working pensioner today receives a salary and a pension that has not been indexed for the fourth year. Social benefits, if they are due to a pensioner, are paid without restrictions.

As soon as he finishes his professional career, he acquires the same benefits as unemployed older people who, after reaching a certain age, preferred to garden, raise grandchildren, and look after their health.

Payments due to old age in subsequent periods will begin to be indexed in the same way as for other citizens who have crossed the pension Rubicon. The amount lost due to the indexation freeze will be paid when pension payments are correlated at the end of professional activity without any deductions or deductions, in full.

How long after dismissal do pensions begin to be indexed?

The dismissal process involves a number of steps.

The employee notifies his immediate supervisor in writing of his decision, notifying him in advance at least 3 days in advance. Reports to the Pension Fund of the Russian Federation for the current month are provided by the management of the enterprise for the next month, before the 15th. If an employee quits in that particular month, information about his dismissal will reach the concerned PF office only when the next monthly report is sent.

Pension Fund inspectors give orders for indexation of pension savings and calculate the amount intended for payment. After the changes have been made, taking into account the indexed amounts, the frozen amounts are paid in the month following the month of the decision.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The pensioner may, after receiving the adjusted amount, return to professional activity; this is not prohibited by Russian Legislation. The amount of the assigned pension will remain unchanged.

This is important to know: Are wages paid if you are fired under an article?

Example of pension recalculation No. 1

Let's consider a pensioner who, after December 2021, continued to work until July 2021, despite his retirement, and received a salary of 15,000 rubles . Thus:

• the pension was 11,500 rubles. ,
• after indexation (3.70%) in 2021, the pension amounted to 11,723.5 rubles .

We get the necessary data:

• We receive the IPC for 2021 in the amount of 1.7 with a total cost of 138.53 rubles .
• We receive the IPC for 2021 in the amount of 0.913 with a cost of 79.65 rubles .

As a result, the pension recalculation for a pensioner looks like this:

Is it necessary to apply to the Pension Fund after dismissal?

The second quarter of 2021 is the time of adoption of the law, which made it possible to submit simplified reports for each employee. The tax service is responsible for informing the fund when it comes to terminating the work of self-employed citizens.

After dismissal, they also fall under pension indexation if the conditions are met. Citizens have the right to provide the necessary information independently. But it is not necessary to visit one of the Pension Fund branches in person; many types of reports support remote service.

Registration of the procedure for payments to a pensioner in the event of his dismissal in 2021

Payments due to a resigning employee are issued upon completion of a certain sequence of actions. We have already determined what payments will be assigned, now let's talk about the procedure. Procedure for dismissal:

1. Submitting an application. The basis must necessarily appear in it, since the possibility of assigning additional settlement charges depends on it.
2. Registration of a document in the accounting department of the enterprise. An appropriate mark is placed with the number according to which the form passes through the journal.
3. Formation of an order by the manager.
4. Familiarization with the order of the applicant for dismissal is required against signature.
5. Payment of all funds due to the person.
6. Making an entry in the work book. They can only make a record of retirement in connection with a pension once.
7. If it is available, you can further indicate only your own desire.
8. Sending all reports required by the Pension Fund about the dismissed person, on the basis of which pension accruals are indexed.

How to make a recalculation?

The recalculation described above, as well as the change in the pension amount after annual adjustments to pension characteristics, is carried out by the Pension Fund without the participation of pensioners, automatically, based on incoming reporting information from enterprises.

Social charges are recalculated every year, from the beginning of August. This does not take into account previously unstated points:

• calculation of the amount of insurance benefits by age, in connection with disability or loss of a breadwinner;
• previously performed recalculation in connection with a change in personal information - transition to another type of pension, deduction of new taxes from the Pension Fund of the Russian Federation.

But you will need to contact the Pension Fund branch, providing the necessary documentation, if the recalculation is caused by the following circumstances:

• an increase in the number of supported persons (up to three people);
• living for a certain period in the harsh conditions of the Far North or similar areas;
• with earned experience under the previously stated conditions;
• when changing the category of the recipient of benefits in the event of the loss of a breadwinner.

In these situations, the pensioner will have to contact the Pension Fund to have the pension recalculated.

Required documents

When contacting the Pension Fund, you must first prepare a package of the following documents:

• pension certificate;
• SNILS certificates;
• civil passport;
• data on the size of the pension coefficient;
• documentary evidence of experience.

If a trusted person applies for a pension recalculation, you will additionally need to provide a power of attorney confirming the rights of the representative, certified by a notary.

In some situations, other additional documentation may be required, the need for which will be advised to the applicant by Pension Fund staff.

Sample application

The application is drawn up in the form provided by representatives of the Pension Fund.

The document form is drawn up with the following information:

• the name of the institution where the application is submitted;
• surname, name, patronymic, indicated in full;
• citizenship;
• complete passport information;
• SNILS numbers;
• personal contact information;
• grounds allowing for recalculation;
• list of papers attached to the application;
• indicating the method of providing a response - by mail or electronically to the address provided.

The application ends with the indication of the current date and the signature of the applicant, including the decrypted surname.

Submitting an application is possible in the following ways:

• by personal contact to a division of the Pension Fund;
• delivery by an authorized person;
• by mail - in this situation, all photocopies will need to be certified by a notary;
• through your personal account on the State Services portal - registration with subsequent authorization is required.

A pensioner can choose the people in the most suitable way from those listed.

Recalculation terms

Taking into account the specifics of submitting reporting information to the Pension Fund from enterprises and the time required for data processing, it will take more than three months until you receive your pension after recalculation. If the paying employee filed for dismissal at the end of November, the pension will be received based on the results of the recalculation no earlier than March.

But in this situation, the person will be returned the money that was not paid towards his pension after the moment of dismissal. The month during which the citizen quit is not included in those subject to recalculation.

Regarding citizens’ applications for recalculation of pensions in connection with the circumstances listed above, in which this procedure is not carried out automatically, the legislation establishes the following deadlines for processing documents:

• within 5 days , excluding weekends and holidays;
• if it is necessary to verify individual data and provide additional papers - extension up to 3 months ;
• notification of the applicant about refusal - within 5 days .

A pensioner can influence the pension recalculation procedure in order to speed up the process by doing the following:

• next month after dismissal, contact the enterprise’s accounting department to ensure that the amended reporting is sent to the Pension Fund;
• provide a complete and sufficient package of papers that does not require additions that cause a delay in recalculation.

The state provides for the need to recalculate citizens' pensions after completion of their working career. This procedure is carried out automatically, without the pensioner contacting or providing documents. But in certain situations related to changes in certain circumstances, it will be necessary to submit an application to the Pension Fund, with the provision of the necessary documents. The more complete the submitted set of papers is, the less time it will take to recalculate the pension benefit.

General concepts

First of all, it is necessary to determine what the dismissal of a pensioner is, and whether there are any differences from the standard procedure. There is no difference between persons of working age and pensioners, therefore termination of employment relations with them is carried out identically.

The basis for leaving is personal initiative, agreement or layoff.

Very often, a person who, due to age and length of service, could be on a well-deserved rest, continued to work. So in this case, it can use its right to care in connection with the pension. Dismissal without warning and work is expected. Consequently, the employee decides to leave, writes a statement, receives a payment and leaves the workplace.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

Attention!

Leaving work on the basis of a “pension”, when you do not need to notify the employer two weeks in advance and how long you have to work, can only take place once.

An employee has the right to use this simplified scheme only once. Therefore, if you find a job again after leaving, then you won’t be able to leave without working. You will also need to notify the employer of your intention in advance. In general, the dismissal procedure for a pensioner is no different from the departure of any other employee. The type of payments remains standard.

The legislative framework

In the matter of calculating payments to a working pensioner, it is necessary to refer to certain regulations. Among them:

1. Constitution.
2. Labor Code or Labor Code is a set of laws governing labor relations.
3. Federal Law No. 173, which regulates issues in the field of assignment and recalculation of labor pension assignments.

If you still have questions after studying the material, have difficulties interpreting the legal norm, or find yourself in an unusual situation, then seek legal advice. You can get it on our website by contacting the chat or filling out a specialized form.