Right to a military pension

By the time I was 45 years old (August 30, 2000), my military service record was 8 years b months in calendar terms, and 14 years 3 months in preferential terms. Of these - 2 years of conscription service. Civil service experience - 18 years and 6 months. Total work experience - 27 years.

Do I qualify for a military pension? And if I do, how will it be calculated?

Should I be provided with living space outside of the retirement garrison?

The Federal Law "On the Status of Military Personnel" in paragraph 3 of cm. 10 states that the day of stay in military service on conscription should be counted for two days of work. Why is the length of military service counted as day-to-day?

Lieutenant Commander Yuri Prokoptsov.

Skalisty, Murmansk region

You are not eligible for a pension. The Law of the Russian Federation "On Pension provision for persons who have served in military service, internal affairs bodies, institutions and bodies of the Penitentiary System, and their Families" of February 12, 1993 established two types of superannuation pensions:

- pensions for service of 20 years or more;

- long-service pensions, including seniority.

You are not eligible for a superannuation pension, as your superannuation is 14 years and 3 months. In addition, your work experience in calendar terms is 18 years and 6 months, which is 6 years and 6 months less than the minimum length of service required for assigning a long-service pension, taking into account the length of service (Article 13 of the above-mentioned Law).

The provision of living space does not depend on the assignment of your pension, but on the degree of your need to improve housing conditions, length of service and the reason for which you will be dismissed from the Armed Forces of the Russian Federation. Therefore, it is not possible to answer the question at the moment whether the serviceman will be provided with living space outside the garrison for retirement.

In your letter, you confuse the concepts of "work experience" and "seniority". If the time spent in military service on conscription is considered for calculating the length of service (the total duration of your military service), then this time is taken into account in calendar terms (paragraph 5 of the resolution of the Council of Ministers-Government of the Russian Federation "On the procedure for calculating the length of service, assigning and paying pensions and allowances to persons who served ensigns, midshipmen and military personnel on long-term service or under contract as soldiers, sailors, sergeants and petty officers or serving in the internal affairs bodies, and their families in the Russian Federation " No. 941 of September 22, 1993).

If the time spent in military service on conscription is considered when calculating the length of service, then in this case the time spent in military service on conscription is taken into account at the rate of one day of military service for two days of work (paragraph 1, paragraph 3, Article 10 of the Federal Law of the Russian Federation "On the Status of Military Personnel" of May 27, 1998)..

VPD to the place of residence

My first contract ended on June 30, 2000. I will not sign the next contract and I want to leave for permanent residence in Ukraine. A container is required for transportation of personal items. Will I be issued an IDP from my place of employment to my place of permanent residence?

Captain Yuri KOZHARA.

Nevinnomyssk, Stavropol Territory

April 20, 2000 The Government of the Russian Federation has adopted a resolution "On the procedure for reimbursement of expenses related to transportation of military personnel, citizens discharged from military service, and their family members, as well as their personal property", paragraph 3 of which grants you the right to reimbursement of expenses for transportation of up to 20 tons of personal property in universal containers by all modes of transport (except air) when moving from the former place of residence to a new one in connection with dismissal from military service.

Currently, the Government of the Russian Federation no longer restricts the possibility of free transportation of personal items only within the territory of the Russian Federation.

About length of service and pension allowances

1. Are they included in the total length of service (13.3 years - civil, 13.2 years - military) 2 years of full-time study at the Institute?

2. Is the time when I lived with my officer husband and did not work (since 1973) included in the total length of service?

3. Since January 22, 1998, I have been serving in the Far North, where 1 year goes for 1.5 years. I have one grace year, but they didn't take it into account when calculating my pension allowance. Is this legitimate?

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4. Should the pension premium be increased with the increase in the cost of food rations from January 1, 2000?

Lance-Corporal Nadezhda MUKHAMETOVA.

Olenegorsk-2, Murmansk region

I am doing active military service under a contract. In December 1999, monetary compensation in return for food rations was 378 rubles, and since January 1, 2000 - 608 rubles. Due to the increase in monetary compensation in return for the food ration, do I have to recalculate my superannuation pension and, accordingly, my monthly allowance starting from January 1, 2000? The total length of service is 32 years and 10 months.

Major Vladimir SYROMYATNIKOV.

Verkhnyaya Inta settlement, Komi Republic

1. Preparation for professional activity, including studies in higher educational institutions, is included in the total length of service (Article 91 of the Law of the Russian Federation "On State Pensions in the Russian Federation" of November 20, 1990).

2. Yes, it does (Part 1, paragraph 4, Article 10 of the Federal Law of the Russian Federation "On the Status of Military Personnel" of May 27, 1998).

3. If by "grace year" you mean a calendar year of military service in excess of the established minimum length of service that entitles you to receive a pension, then you must take it into account. If by "preferential year" you mean the mentioned year of military service in preferential terms, and the term of your military service exceeding the minimum length of service in calendar terms is 8 months, then you are not yet entitled to a 3% increase in the 25% pension allowance (Article 8 of the Federal Law "On the Status of Military Personnel"). military personnel" dated May 27, 1998).

4. No, you shouldn't.

The basis for reviewing the amount of the assigned pension is an increase in the monetary allowance for calculating the pension, which does not include the cost of a monthly food ration.

The monetary allowance for calculating a pension includes a salary of monetary maintenance and a percentage superannuation. If they are increased, the amount of the pension will also be revised. When calculating it, the increased cost of a monthly food ration is also taken into account. Moreover, its increased cost will be taken into account from the day of increasing the monetary allowance for calculating pensions, and not from the day of increasing the cost of a monthly food ration (Article 43 of the Law of the Russian Federation "On Pension Provision for Persons who have served in Military Service, Internal Affairs Bodies, institutions and Bodies of the Penitentiary System, and their Families" of February 12, 1993 and paragraphs "a", paragraph 8, paragraph 11, paragraph " b " of paragraph 14 of the Resolution of the Council of Ministers-Government of the Russian Federation "On the procedure for calculating the length of service, assigning and paying pensions and allowances to persons who served in the military as officers, warrant officers, midshipmen and long-term military personnel service or under contract as soldiers, sailors, sergeants and petty officers, or service in the internal affairs bodies and their families in the Russian Federation " No. 941 of September 22, 1993).

If you were transferred to a lower-level position

In connection with organizational events, with my consent, it was transferred to a lower-level tariff grid (from the 10th to the 3rd). Length of service in calendar terms - 27 years, in preferential terms-31 years. Based on what tariff scale, in my case, monthly pension benefits for long service and the pension itself should be calculated when dismissed by the age limit from this position?

Major Nikolai Petrov.

Ryazhsk, Ryazan region

Since the right to a pension arose at the time when you held a military position with a large salary, the pension and, as a result, the pension supplement should be calculated from the salary for the position you previously held (paragraph 1, paragraph 4 of the order of the Minister of Defense of the Russian Federation "On maintaining monthly salaries for military personnel undergoing military service under contract salaries for previously held military positions when they are transferred to military positions with lower monthly salaries in connection with the reform of the Armed Forces of the Russian Federation " No. 161 of April 21, 1999).

Refusal of payment is illegal

Due to his appointment to a new position in November 1999. Together with my family, I moved to a new place of service in another locality and changed my residence permit. Please explain whether it is legal that I and my family members are not paid a lifting allowance, referring to the fact that the distance between the garrisons is less than 100 km?

Captain Alexander YASKOV.

Ulan-Ude, Republic of Buryatia

No, it's not legal. The lifting allowance is not paid to a serviceman and his family members, if their place of residence has not changed in connection with his moving to a new place of military service and appointment to a military position (subclause "a" of clause 15 of the Instruction on additional monetary payments to Military personnel when moving to a new place of military service in another locality, sending them to on business trips and performing tasks outside the place of permanent deployment of military units, approved by Order of the Minister of Defense No. 355 of August 10, 1999).

A place of residence is a place where a citizen permanently or predominantly resides (Article 20 of the Civil Code of the Russian Federation).

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Obviously, when moving to another locality, your place of residence has changed and the refusal to pay you and your family members a lifting allowance contradicts clause 3 of Article 13 of the Federal Law of the Russian Federation "On the Status of Military Personnel", subclauses" a "of clause 4 and subclauses" a "and" b " of clause 13 of the specified Instruction.

How do I conclude and terminate a contract?

From what time is it allowed to enter into a contract for military personnel serving on conscription? Is it allowed to terminate it if it has not expired?

Private Sergey OSTROVSKY.

Chekhov district of the Moscow region

Conscripted military personnel may enter into a contract with the Ministry of Defense of the Russian Federation after serving for at least 12 months (subclause "b" of clause 1 of Article 8 of the Regulations on the Procedure for Military Service approved by the Decree of the President of the Russian Federation of September 16, 1999).

A contract serviceman may be dismissed from military service ahead of schedule in the cases provided for in paragraphs 2, 3 and 6 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service" of March 28, 1998, namely::

- in connection with organizational and staff events;

- in connection with the transition to service in the internal affairs bodies, institutions and bodies of the penitentiary system, federal tax police bodies or customs bodies of the Russian Federation;

- due to his failure to comply with the terms of the contract. A serviceman dismissed on this basis, who at the time of dismissal has not served a period of military service on conscription, is sent for military service on conscription, while he is credited with two months of military service under the contract for one month of military service on conscription;

- in connection with refusal of access to state secrets or withdrawal of the specified access;

- in connection with the entry into legal force of a court verdict on the appointment of a suspended sentence to a serviceman;

- in connection with a significant and (or) systematic violation of the terms of the contract in relation to him;

- in connection with the recognition by the military medical commission of his limited fitness for military service;

- for family reasons:

a) in connection with the impossibility of residence of a family member of a serviceman for medical reasons in the area in which the serviceman performs military service, and in the absence of the possibility of transferring the serviceman to a new place of military service favorable for the residence of the specified family member;

b) in connection with a change in the place of military service of the husband-serviceman (wife-serviceman), caused by the need to move the family to another area;

c) in connection with the need for permanent care of the father, mother, wife, husband, sibling, grandfather, grandmother or adoptive parent, who need permanent outside care (assistance, supervision) for health reasons in accordance with the conclusion of the state service of medical and social expertise at their place of residence, or who are disabled the first or second group or persons who have reached the retirement age due to old age or who have not reached the age of 18, in the absence of other persons who are required by law to support these citizens;

d) in connection with the need to care for a child under the age of 18, which the serviceman brings up without a mother (father);

- in connection with the exercise of the powers of a member of the Federation Council of the Federal Assembly of the Russian Federation:

- in connection with his / her election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, deputy of a legislative (representative) body of a subject of the Russian Federation, head of an executive body of state power of a subject of the Russian Federation, or deputy of a representative body of local self-government or head of a municipal formation and exercising these powers on a permanent basis;

- according to the conclusion of the attestation commission and taking into account his own desire and if he has good reasons.

Twenty salaries are not allowed

Dismissed due to organizational and staffing issues. I have 18 calendar years of military service (including 4 years in preferential terms). Am I entitled to 20 salaries on my dismissal?

Major of the reserve Alexander NESMASHNY.

Olenegorsk-2, Murmansk region

They are not allowed, since in order to receive a one-time allowance in the amount of 20 salaries of monetary support, the total duration of military service in calendar terms must be 20 years or more.

The total duration of your military service in calendar terms is 18 years, so you have the right to count on a one-time allowance in the amount of 15 salaries of monetary support (clause 3 of Article 23 of the Federal Law of the Russian Federation "On the Status of Military Personnel" of May 27, 1998 and clause 7 of Article 3 of the Regulations on the Procedure for Military Service, approved by the Decree of the President of the Russian Federation Of the Russian Federation on September 16, 1999).

Captain Alexey TISHCHENKO, Legal Officer of the Russian Armed Forces

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