GVP answers: the Extra charge to a salary for long service
Hello! I have served more than 30 years in military Office of Public Prosecutor, have left in 1989. The pension to me has been appointed MO the USSR. The percentage extra charge to an official salary made 70 %. Since January, 1st, 2012 to me have increased a pension part on a military rank. The pension increase on an official salary, agrees FZ should to occur with January, 1st, 2013, but since January, 1st, 2012 the pension department has reduced to me the percentage extra charge on an official salary from 70 % to 40 %. I ask to explain legitimacy of action of pension department upon reduction of the percentage long-service bonus to an official salary.
Nikolay Timofeev, Saratov
According to item 49 of the Federal law from 17. 01. 92 ¹ 2202 - 1 “ About Office of Public Prosecutor of the Russian Federation “ On military men of bodies of military Office of Public Prosecutor the legislation of the Russian Federation establishing legal and social guarantees, pension and other kinds of maintenance of military men extends.
According to item 43 of the Law of the Russian Federation from 12. 02. 93 ¹ 4468 - 1 (in edition from 01. 07. 2011) “ About provision of pensions of the persons passing military service … “ pensions are estimated from a monetary contentment of military men in which salaries on a post, a military rank and the percentage long-service bonus are considered.
the Size of the percentage long-service bonus is defined item 6 of item 13 of the Federal law from 27. 05. 98 ¹ 76 - FZ “ about the status of military men “ (in red. The federal law from 31. 12. 99 ¹ 229 - FZ) also makes to 70 percent from a salary of the monetary maintenance.
Article 7 of the Federal law ¹ 309 - FZ to the Federal law ¹ 76 - FZ makes changes and the item 13 (earlier establishing size percentage the long-service bonus) is stated in a new wording which provides an establishment of the mentioned extra charge in an order defined by the Federal law ¹ 306 - FZ which for the military men having a period of service of 25 years and more, makes now 40 percent.
Positions have come into force since January, 1st, 2012, and concerning military men of bodies of military Office of Public Prosecutor - since January, 1st, 2013 (about distribution of the given restrictions on pensioners from among military public prosecutors in the law it is not specified).
According to item 5 of the Federal law ¹ 306 - FZ item 4 and 5 governmental orders of the Russian Federation from 05. 12. 2011 ¹ 992 “ About an establishment of salaries of the monetary maintenance of the military men passing military service under the contract “ it is provided that at revision of the sizes of the pensions, appointed to citizens till January, 1st, 2012 according to the Law of the Russian Federation from 12. 02. 93 ¹ 4468 - 1 without dependence from time of an establishment for operating military men of new salaries of the monetary maintenance, it is necessary to apply salaries on military posts and salaries on the military ranks, established according to item 1 and 2 decisions. In case of reduction of the sizes of pensions of the citizens discharged from military service, in connection with coming into force of the Federal law ¹ 306 - FZ the sizes of pensions established by it according to the legislation of the Russian Federation, operating till January, 1st, 2012, before buying pension in bolshem the size remain. At an establishment by the military man (military pensioners) new salaries, monthly long-service bonuses in the size defined by the same law should be applied.
As to application to new salaries of the monetary maintenance of military public prosecutors of the percentage long-service bonus at the rate to 70 percent the specified extra charge is established by the Federal law ¹ 309 - FZ since January, 1st, 2013 (Item 12 item 3).
Taking into account stated as revision of pensions to military public prosecutors since January, 1st, 2012 is made taking into account a new salary on a military rank on the conditions established for military men, recalculation of pensions taking into account a new salary on a military rank and the percentage long-service bonus is made obosnovanno (according to norms of the Federal law ¹ 306 - FZ).
As a result of it the general size of pension has not decreased, as decrease in size of the percentage long-service bonus as a part of pension is compensated by substantial growth of the sizes of salaries on a military rank.