ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

of January 28, 2019 No. 43n

About introduction of amendments to some Orders of the Ministry of Labour and Social Protection of the Russian Federation concerning appointment and pension payment

For the purpose of enhancement of legal regulation of questions of appointment and pension payment I order:

Make changes to some orders of the Ministry of Labour and Social Protection of the Russian Federation concerning appointment and pension payment according to appendix.

Appendix

to the Order of the Ministry of Labour and Social Protection of the Russian Federation of January 28, 2019 No. 43n

The changes made to some Orders of the Ministry of Labour and Social Protection of the Russian Federation concerning appointment and pension payment

1. In Rules of the request for insurance pension, fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, funded pension, including employers, and pension on the state provision of pensions, their purposes, establishment, recalculation, adjustment of their size, including to persons which do not have the permanent residence in the territory of the Russian Federation, conducting verifications of the documents necessary for their establishment, transfer from one type of pension into another according to the Federal Laws "About Insurance Pensions", "About Funded Pension" and "About the State Provision of Pensions in the Russian Federation" approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of November 17, 2014 No. 884n (registration No. 35498), with changes is registered by the Ministry of Justice of the Russian Federation on December 31, 2014, the introduced orders of the Ministry of Labour and Social Protection of the Russian Federation of June 14, 2016 No. 290n (it is registered by the Ministry of Justice of the Russian Federation on July 4, 2016, registration No. 42730) and of February 13, 2018 No. 94n (registration No. 51077) is registered by the Ministry of Justice of the Russian Federation on May 14, 2018:

a) in item 4:

in paragraph one of the word "at the place of residence" shall be replaced with words "at the choice";

word in paragraph three "Items 5 - 9, 11, 12, 15" shall be replaced with words 7, "Items 9 and 12";

add with the paragraph of the following content:

"The citizens living in the region of the Far North and areas equated to them for the purpose of establishment of increase in fixed payment to insurance pension on old age, fixed payment to insurance pension on disability, fixed payment to insurance pension on the occasion of loss of the supporter, and also additional increase in the increases in fixed payment to the specified insurance pensions provided by parts 9 and 10 of article 17 of the Federal law "About Insurance Pensions", the citizens living in the rural zone for the purpose of establishment of increase in fixed payment to insurance pension on old age, the increase in fixed payment to insurance pension on disability provided by part 14 of article 17 of the Federal law "About Insurance Pensions", the citizens living in the region of the Far North and areas equated to them, in areas with the severe climatic conditions requiring additional material and physiological costs of the citizens living there for the purpose of increase in the size of pension on the state provision of pensions in connection with residence in the specified areas (areas) in cases, stipulated in Item the 5th Articles 15, Item 3 of Article 16, item 4 of Article 17, Item 7 of Article 17. 1, Item 5 of Article 17. 2, Item 2 of article 18 of the Federal law "About the State Provision of Pensions in the Russian Federation", the application for award of pension is submitted to territorial authority of the Pension Fund of the Russian Federation at the place of residence (stay, the actual accommodation) in the specified areas (areas).";

b) Items 5 - 8 to recognize invalid;

c) in the paragraph the second Item 9 of the word "no later than three working days" shall be replaced with words "no later than five working days";

d) declare Item 11 invalid;

e) in the paragraph the second Item 14 of the word "at the place of residence of the citizen, and in the cases provided by Items 5 - 7 these rules,-in the place of stay, actual accommodation of the citizen" shall be replaced with words "at the choice of the citizen";

e) declare Item 15 invalid;

g) in Item 17 in the name of the Law of the Russian Federation of February 12, 1993 "About provision of pensions of persons passing military service, service in law-enforcement bodies, the Public fire service, drug trafficking monitoring bodies and psychotropic substances organizations and bodies of criminal executive system, and their families of" the word "of criminal executive system, and their families" shall be replaced with words No. 4468-1 "criminal executive system, troops of national guard of the Russian Federation, and their families", after words "No. 30, Art. 4217" to add with words "No. 45, Art. 6152; No. 49, Art. 6906; 2015, No. 51, Art. 7238; 2016, No. 27, Art. 4160, 4238; No. 52, Art. 7479; 2017, No. 9, Art. 1280; No. 15, Art. 2138; No. 18, Art. 2672; No. 27, Art. 3951; No. 50, Art. 7536; No. 51, Art. 7857, No. 52, Art. 7924";

h) in Item 20 to state the subitem "b" in the following edition:

"b) makes copies of the documents which arrived for establishment of pension on paper and (or) transfers such documents to electronic (digital) form, and assures them;";

i) add with Item 20.1 of the following content:

"20.1. In case of submission by the citizen of the statement for recalculation of the size of pension, the statement for transfer from one pension into another, the statement for purpose of other pension according to the Federal Laws "About Insurance Pensions", "About Funded Pension", "About the State Provision of Pensions in the Russian Federation" in the territorial authority of the Pension Fund of the Russian Federation which is not performing to it pension payment, territorial authority of the Pension Fund of the Russian Federation performs the actions provided by subitems "a", "b", "g" of Item 20 of these rules (with indication of in the notification on acceptance and registration of a statement on establishment of pension and the documents submitted for establishment of pension, date of reception of an application, the list of the documents submitted by the applicant, data on transfer of the statement and the documents submitted by the applicant to territorial authority of the Pension Fund of the Russian Federation performing pension payment to the citizen) and the subitem "zh" of Item 22 of these rules, sends, including electronically, the statement and documents submitted by the applicant in the territorial authority of the Pension Fund of the Russian Federation performing pension payment to the citizen no later than the working day following behind day of reception of an application by territorial authority of the Pension Fund of the Russian Federation.

The territorial authority of the Pension Fund of the Russian Federation performing pension payment to the citizen makes the actions provided by subitems "v", "g" of Item 20 of these rules (with indication of in the notification on acceptance and registration of a statement on establishment of pension and the documents submitted for establishment of pension, date of reception of an application by the territorial authority of the Pension Fund of the Russian Federation performing pension payment to the citizen, the list of the documents lacking for establishment of pension which obligation on representation is assigned to the applicant, and terms of their representation, the list of the documents lacking for establishment of pension which are at the disposal of other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations which are requested by territorial authority of the Pension Fund of the Russian Federation and which the applicant has the right to provide on own initiative), subitems "a" - "е", "з" Item 22 of these rules.

The applicant submits missing documents to the territorial authority of the Pension Fund of the Russian Federation performing to it pension payment.";

j) state Item 49 in the following edition:

"49. The statement for recalculation of the size of pension and the documents necessary for such recalculation move in territorial authority of the Pension Fund of the Russian Federation at the choice of the applicant.

In case of moving of the pensioner for the new residence to the region of the Far North and those categorized as such of the area, to other region of the Far North and those categorized as such of the area in which higher district coefficient is established to the rural zone, to areas with the severe climatic conditions requiring additional material and physiological costs of the citizens living there to other areas with the severe climatic conditions requiring additional material and physiological costs of the citizens living there in which higher district coefficient is established the application for recalculation of the size of pension on the corresponding basis it is submitted to territorial authority of the Pension Fund of the Russian Federation at the new place of residence (stay, the actual accommodation).

The statement for recalculation of the size of pension is adopted by territorial authority of the Pension Fund of the Russian Federation on condition of submission of all documents necessary for such recalculation which obligation on representation is assigned to the applicant.".

2. In Rules of pension payment, control of their payment, conducting verifications of the documents necessary for their payment, charge for current month of pension amounts in case of award of pension of other type or in case of purpose of other pension in accordance with the legislation of the Russian Federation, determinations of excessively paid amounts of pension approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of November 17, 2014 No. 885n (registration No. 35495) is registered by the Ministry of Justice of the Russian Federation on December 31, 2014, with the changes made by orders of the Ministry of Labour and Social Protection of the Russian Federation of January 27, 2016 No. 24n (registration No. 41179) is registered by the Ministry of Justice of the Russian Federation on February 20, 2016, of August 28, 2017 No. 638n (registration No. 48595) is registered by the Ministry of Justice of the Russian Federation on October 18, 2017, of February 13, 2018 No. 94n (it is registered by the Ministry of Justice of the Russian Federation on May 14, 2018, registration No. 51077) and of December 5, 2018 No. 767n (No. 53549) is registered by the Ministry of Justice of the Russian Federation on January 24, 2019:

a) in Item 5 of the word "in Items 20, 22, 24, 53, 73, 81" shall be replaced with words "in Items 20, of 22, of 24, of 47, of 53, of 73, 81";

b) add with Item 5.1 of the following content:

"5.1. The statement for confirmation of permanent residence in the Russian Federation, stipulated in Item 14.1 these rules, move personally the pensioner or his legal representative (the parent, the adoptive father, the guardian, the custodian). Submission of the specified statement is performed before the expiration of 12 months since month of filing of application about establishment (payment) of pension or the previous confirmation of permanent residence in the Russian Federation.";

c) in Item 6 of the word "in Item 5" shall be replaced with words "in Items 5 and 5.1", the words "directly the body performing provision of pensions", shall be replaced with words "in territorial authority of the Pension Fund of the Russian Federation at their choice";

d) add with Item 6.1 of the following content:

"6.1. The statements of pensioners (their legal representatives) specified in Item 5 and 5.1 of these rules (except for statements for request of payable case and the statement for payment of funded pension of the citizen who is not the receiver of insurance pension, pension on the state provision of pensions and other social payments referred by the legislation of the Russian Federation to competence of the Pension Fund of the Russian Federation), submitted to the territorial authority of the Pension Fund of the Russian Federation which is not performing pension payment to the pensioner are subject to the direction, including electronically, in territorial authority of the Pension Fund of the Russian Federation in the place of receipt of pension.

The application for request of payable case submitted by the pensioner to the territorial authority of the Pension Fund of the Russian Federation which is not at its new place of residence (stay, the actual accommodation), is subject to the direction, including electronically, in territorial authority of the Pension Fund of the Russian Federation at its new place of residence (stay, the actual accommodation).

The statement for payment of funded pension of the citizen who is not the receiver of insurance pension, pension on the state provision of pensions and other social payments referred by the legislation of the Russian Federation to competence of the Pension Fund of the Russian Federation, submitted to them to the territorial authority of the Pension Fund of the Russian Federation which is not at the place of residence (stay, the actual accommodation) the citizen, is subject to the direction, including electronically, in territorial authority of the Pension fund Russian at the place of residence (stay, the actual accommodation) the citizen.

The specified statements are subject to the direction in the relevant territorial authority of the Pension Fund of the Russian Federation no later than the next working day.";

e) in the paragraph the second Item 9 of the word "no later than three working days" shall be replaced with words "no later than five working days";

e) add with Item 14.1 of the following content:

"14.1. To the pensioner who does not have registration at the place of residence in the Russian Federation (to his legal representative - the parent, the adoptive father, the guardian, the custodian), the social pension provided by the Federal Law "About the State Provision of Pensions in the Russian Federation" is paid on condition of annual confirmation by the pensioner (his legal representative) of permanent residence in the Russian Federation according to the procedure, determined by Items 5.1 and 6 of these rules.

Annual confirmation of permanent residence in the Russian Federation is not required:

in case of pension payment through the organization of mail service or other organization which is engaged in delivery of pensions, personally to the pensioner or his legal representative (the parent, the adoptive father, the guardian, the custodian);

concerning the pensioners condemned to imprisonment, or living in the organization performing educational activities, the medical organization, the stationary organization of social servicing or other organization including for orphan children and children without parental support.";

g) in Item 24:

in the first offer of the word "in territorial authority of the Pension Fund of the Russian Federation which will organize delivery of pension in accordance with the legislation of the Russian Federation" to exclude;

in the second offer of the word "this territorial authority of the Pension Fund of the Russian Federation" to exclude;

h) state Item 47 in the following edition:

"47. The pensioner, payment of funded pension to which it was performed by non-state pension fund in case of the termination of activities by this non-state pension fund has the right to file petition for payment of funded pension in territorial authority of the Pension Fund of the Russian Federation at the choice.";

i) in Item 78 of the word "gone into the disposal of territorial authority of the Pension Fund of the Russian Federation" to add with words ", or in connection with failure to carry out by the pensioner who is the receiver of the social pension provided by the Federal Law "About the State Provision of Pensions in the Russian Federation", his legal representative - the parent, the adoptive father, the guardian, the custodian of condition, stipulated in Item 14.1 these rules.".

3. In the list of the documents necessary for establishment of insurance pension, establishment and recalculation of the amount of fixed payment to insurance pension taking into account increase in fixed payment to insurance pension, purposes of funded pension, establishment of pension on the state provision of pensions approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of November 28, 2014 No. 958n (registration No. 35496) is registered by the Ministry of Justice of the Russian Federation on December 31, 2014, with the changes made by orders of the Ministry of Labour and Social Protection of the Russian Federation of October 4, 2016 No. 554n (registration No. 45778) is registered by the Ministry of Justice of the Russian Federation on February 27, 2017, of October 26, 2017 No. 756n (it is registered by the Ministry of Justice of the Russian Federation on November 21, 2017, registration No. 48965) and of December 5, 2018 No. 767n (No. 53549) is registered by the Ministry of Justice of the Russian Federation on January 24, 2019:

a) in Item 53:

in the subitem "an" of the word "The Federal Migration Service or its territorial authority" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

in the subitem "b" of the word "The Federal Migration Service or its territorial authority" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

in the subitem "d" of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

b) in Item 55:

in the subitem "g" of the word "The Federal Migration Service or its territorial authority" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

in the subitem "d" of the word "The Federal Migration Service or its territorial authority" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

c) in Item 57 of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

d) add with Item 59.1 of the following content:

"59.1. Permanent residence in the Russian Federation of the citizen of the Russian Federation taking the residence confirmed with registration in the Russian Federation is confirmed by documents, stipulated in Item 57 these lists and if the citizen of the Russian Federation does not take the residence confirmed with registration in the Russian Federation, - the document, stipulated in Item 59 these lists.

Permanent residence in the Russian Federation of the citizen of the Russian Federation living in the stationary organization of the social servicing placed in the educational organization, the organization providing social services including for orphan children and children without parental support is confirmed by the document of the specified organization on finding (stay) of the citizen in this organization.

Permanent residence in the Russian Federation of the citizens of the Russian Federation condemned to imprisonment or forced labor is confirmed by the document of correctional facility on finding (stay) of the convict to imprisonment or forced labor in correctional facility.";

e) in Item 60 of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

e) in Item 61 of the word "territorial authorities of the Federal Migration Service" shall be replaced with words "territorial authorities of the Ministry of Internal Affairs of the Russian Federation";

g) in paragraph one of Item 65 of the word "The Federal Migration Service or its territorial authority" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

h) in Item 66:

in the subitem "b" of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

in the subitem "v" of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

in the subitem "z" of the word "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation";

i) in Item 83 of the word of "territorial authority of the Federal Migration Service" shall be replaced with words "territorial authority of the Ministry of Internal Affairs of the Russian Federation", "territorial authorities of the Federal Migration Service" shall be replaced with words words "territorial authorities of the Ministry of Internal Affairs of the Russian Federation", "territorial authority of the Federal Migration Service" shall be replaced with words words "territorial authority of the Ministry of Internal Affairs of the Russian Federation".

 

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