The Russian legislation regulating pension provision for citizens of the country reflects issues related to pensions for migrants in 2021. Citizens of countries that were former Soviet republics of the USSR can count on receiving a pension in the Russian Federation, subject to a number of requirements. Agreements between countries on this issue were signed back in 1992.
According to the text of this document, pension payments to citizens of the former USSR are made on the basis of the current legislation of the country of which they are citizens.
Citizens of other countries who decide to migrate to Russia for permanent residence can also become the owner of a Russian pension.
What kind of pension can migrants expect in Russia?
When moving to Russia, pensioners have the right to count on their pension benefits in the event that they become citizens of the country or receive a residence permit in it. For citizens of the former USSR there is a simplified procedure for obtaining Russian citizenship.
Read about what the size of the pension was in the USSR.
According to agreements signed between states, pensioners who have moved to Russia have the right to receive a pension of the same type as they received in the country of their previous residence. Such payments are calculated in accordance with the pension legislation in force in the Russian Federation.
When immigrants receive pensions in the Russian Federation, previous payments stop. Migrants can continue to receive pensions from their former countries of residence of a type that is not provided for in Russian legislation.
The Ministry of Social Policy told how pensioners from the ATO zone will be able to receive pensions
“In order to receive a pension not at their place of registration, displaced pensioners must provide a certificate within a month stating that they are indeed displaced. To obtain this certificate, they need to register with the local department of social protection,” Denisova said.
As the minister explained, this procedure was introduced to prevent citizens from parts of the Donetsk and Lugansk regions controlled by illegal armed groups from going to receive pensions in territories controlled by the Ukrainian authorities, without being displaced.
Which migrants can receive a pension in Russia?
Migrants with permanent residence or who have received Russian citizenship have the right to an old-age insurance pension in Russia. To do this they must have:
- Insurance experience of at least 7 years.
- Individual coefficient is not lower than 9.
- Age established by Russian legislation. Currently it is 55 years for women and 60 years for men.
Women with five or more children, as well as those who worked in hazardous industries, the list of which is approved by the Government of the country, can apply for a reduction in the retirement age.
Pension payments in the Russian Federation are made only to those migrants who permanently reside on the territory of the state.
In cases where pension payments are made on the basis of permanent residence, their validity period ends with the date of the foreign citizen’s stay in Russia.
Pensions in the Atomic Zone
Information about pension recipients who have undergone physical identification and the date of its implementation is provided weekly by Oschadbank of Ukraine JSC to the Ministry of Social Policy for entering the relevant information into the Unified Information Database on Internally Displaced Persons.
get acquainted with the materials of the pension file, information about the periods of insurance service and wages that are taken into account when calculating the pension, receive extracts from the order on the assignment (recalculation) of a pension, receive copies of documents that are in the pension file;
How can a migrant apply for a pension in Russia?
The very first step when applying for a Russian pension is collecting the necessary documents. Their list is approved by a special order, which is issued by the Ministry of Labor of the Russian Federation.
Mandatory documents for a migrant are:
- passport of a citizen of the Russian Federation or residence permit indicating the place of registration
- application of the established form
- insurance certificate of the Pension Fund of the Russian Federation
- issuing a personal account in the OPS system.
A complete list of documents can be found on the website of government services of the Russian Federation. Documents are submitted to the territorial PF or MFC at the place of registration or actual place of residence.
You can submit documents in person, through authorized representatives or by mail. The review period established by law is 10 days. The accrual date is the day the application is submitted. You cannot submit documents earlier than one month before retirement age.
How can pensioners from the ATO zone obtain pensions on Ukrainian territory?
1. Where should pensioners who have moved from areas temporarily uncontrolled by the Ukrainian authorities go to continue paying their pension at the place of their actual stay (residence) and what documents must be provided for this?
If a person who moves is placed by the regional headquarters on issues related to the social security of displaced persons, the application is submitted to an official of the authorized body involved in the prescribed manner to participate in the work of the regional headquarters.
Are pensions retained for Russians emigrating from the country?
Russian citizens leaving for permanent residence retain the right to receive a pension. From 2021, the procedure for obtaining it has been changed. Before leaving the country, you must decide on the form of receiving your pension and submit a corresponding application to the Pension Fund of the Russian Federation.
Now the old-age insurance pension is paid only in Russia. It can be received by authorized persons or transferred to the account of a credit institution operating in the country.
Citizens traveling outside the country can receive a pension 6 months in advance. For such advance payments they need to write an application to the Pension Fund. Every year, every citizen living outside the country must confirm the fact that he is alive to the pension fund. It can be drawn up with special papers from a notary.
The absence of such documents automatically terminates pension accruals. To resume accruals, the pensioner will have to personally contact the Pension Fund with a corresponding application.
How to get a pension in another city of Ukraine from the ATO zone
If a pensioner managed to safely get out of the ATO zone to any other city in Ukraine, and he has all the documents with him, then the pensioner will not have any problems with receiving a pension. You need to quickly contact the Pension Fund at your new place of residence, provide documents and write an application to receive a pension.
It will be a little more difficult if the pensioner does not have any documents with him. In this case, he will still have to somehow prove his identity. The Pension Fund has a database of all pensioners in Ukraine, so all cases of applying for a pension are necessarily considered and decided positively in favor of the pensioner who finds himself in a difficult situation.
Internal resettlement
Pensions accrued within the country have regional characteristics.
They depend on the amount of additional payments made by local authorities to the basic pension amount. If you change your place of residence, your pension will be re-registered within 3 days after submitting your application to the Pension Fund. Residents of the Far North who have worked in these areas for more than 15 years and in equivalent areas for at least 20 do not lose their accruals. Such migrants retain the right to receive an increased pension.
Pension system
According to the department, payment of pensions at the new place of residence can be carried out this month according to additional statements or next month. Payment of pensions is carried out from the first day of the month following the one before which the pension was paid at the previous place of residence.
This may be due to the fact that the work of notaries in the ATO zone is not controlled by the Ukrainian authorities and the possibility of fraud or forgery of documents (powers of attorney) cannot be ruled out. We invite you to consider a specific example of how to process a pension transfer. According to the Donetsk Regional State Administration, about 700 thousand people in the region did not receive a pension.
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Is it legal to cancel pensions for Ukrainian immigrants?
Every 6 months you need to undergo personal identification. To do this, you should visit a state bank to submit your documents for examination. If identity cannot be verified, the pensioner will lose the payment.
The difficult situation in Ukraine is pushing people to leave their homes. In order not to spend the state budget, the country's parliament made an unpopular decision. Now pensions for displaced people will be cancelled, although not for everyone. The new procedure came into force on August 1, 2021, but not all internally displaced persons know whether to expect payments from the pension fund.
Economy Pensioners from the ATO zone were threatened with deprivation of pensions
The Slavyansk Pension Fund office also confirmed to us that there were no cases where pensioners were caught in the act when receiving a double pension. “If there is a complete package of documents, we pay pensions to everyone. There is no database for exchanging information with the DPR. Therefore, it is impossible to prove that a person receives money both here and here. We have not had such cases. I think this is yet another horror story from the authorities,” a PF employee from Slavyansk told Vesti.
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“As of the end of May of this year, 575.3 thousand pensioners have already transferred pension payments from uncontrolled to territory controlled by the Ukrainian authorities and are receiving payments on time. However, another 169.0 thousand pensioners did not make such a decision,” says the Regional State Administration. According to the department, there are no arrears in payments.
IDPs traveling to uncontrolled Donbass for a period of 60 days may lose payments
“Today, the law clearly states that a person can be absent from the controlled territory for 59 days. On the 60th day, questions arise, and we are obliged to suspend social benefits until the circumstances are clarified. If there are any valid reasons, such as illness, this is confirmed by a certificate. Then we extend this period to 90 days. From above, we already understand that something happened to the person, and we are suspending all social payments,” Polishchuk stated
She noted that today the social protection departments received data from services recording the crossing of the demarcation line through the checkpoint by a displaced person, about those citizens who have been absent from the controlled territory for more than 60 days. “In this regard, we are again checking the displaced people - according to the verification procedure, we go to the address and check the person’s residence. The inspection documents are submitted to commissions that work under each executive committee of the city council and district state administration, where specialists from various areas make the final decision whether to continue the social payment or not,” the official continued.
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Restoring pensions for displaced people
Of course, the majority of people who moved from territories occupied by Russian mercenaries managed to obtain well-deserved pensions in different cities and regions of the country. At the same time, there are still a large number of people who, nevertheless, remained in their small homeland and do not have the opportunity to receive funds, because in the occupied cities ATMs at Ukrainian banks are not serviced.
There are also situations when the move from the DPR or LPR took place, however, the resumption of pension payments to the displaced did not happen. Of course, such facts cannot but outrage, and therefore the question “why are pensions being blocked” is heard more and more often. Olga Sharunova, who currently serves as the chairman of the Pension Fund for Lugansk and the region, decided to answer it.
According to the employee, the payment of pensions to migrants from the ATO zone has been temporarily suspended, because numerous checks are still being carried out. Over the past few years, situations have repeatedly occurred when citizens of Ukraine deliberately went to Lugansk or Donetsk, applied for pensions there, but in fact never lived there, and came only once a month to receive financial payments.
Pension restoration occurs as soon as it is possible to confirm the real status of a migrant from the eastern regions.
According to the latest data, in the Lugansk region, about 50% of displaced pensioners have not yet received funds guaranteed by the Ukrainian government. In Donetsk it is almost 45%.
But not all persons who were already pensioners at the time of moving to unoccupied territory. It is clear that, in accordance with the law, some migrants received the required length of service or age while already in war-free territories.
In order for the payment of pensions to settlers to begin, they need to complete several important steps.
- First, you will have to register and confirm your status as a temporarily displaced citizen. This can be done by contacting the social care authorities. There you need to enter a basic package of personal documents (identification passport, work permit, photo for documents), and also write an application with a request to register immigrants.
- Apply for a card at Oschadbank.
- Along with a certificate confirming your status, go to the nearest territorial office of the Pension Fund, present the necessary documents, write an application indicating the account number to which the funds should be transferred.
The Pension Fund of Ukraine does not issue funds immediately after this; payment of pensions to displaced persons is available only after appropriate verification. This takes no more than 15 working days. For a positive answer, the place of registration of the person and his actual location must be confirmed. In addition, representatives of the Pension Fund also check the living conditions in which the pensioner lives.
Pensioners in the ATO zone were left without pensions
If you dig deeper, it turns out that they have prepared an almost impossible task for pensioners. At the beginning of October, ministers adopted a resolution on the registration of “displaced persons.” According to it, everyone who has moved is obliged to go first to the State Emergency Service department, and then to the social security fund. However, personal presence is not enough. We also need those local residents who will settle refugees in their homes. Homeowners in “peaceful territory” are required to have the main tenant present with statements and copies of passports of everyone registered in the apartment stating that they do not object to the fact that a displaced person from the ATO zone lives with them. The bureaucracy doesn't end there. Expect that within two weeks an authorized person from the housing office or village council will visit the address to check whether a migrant from the east of the country really lives here. But a personal visit by a specialist will not be enough: you will also need certificates from two neighbors and copies of their passports. As a “bonus” for suffering if the procedure is successful, the state undertakes to pay 884 hryvnia per month along with the pension. Even in this situation, gigantic queues have already formed in the social funds of the cities closest to the ATO zone.
— Those who want to receive pensions and social payments are required to obtain a migrant certificate before December 1. The certificate will indicate their place of residence and the address where funds will be transferred outside the ATO zone, the minister emphasized.
09 Jun 2021 uristlaw 349
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