Obtaining Russian pension by foreign citizens.
Here you will find out in which case foreign citizens receive Russian pension, including CIS citizens.
The right to receive Russian pension by foreign citizens.
Foreign citizens, including CIS citizens permanently residing in the Russian Federation, have the right to receive a Russian pension on an equal footing with Russian citizens (with the exception of cases established by federal law or an international treaty).
The possibility of obtaining a Russian pension by foreign citizens applies to virtually all types of pensions:
to insurance pensions (Part 3, Article 4 of the Federal Law of December 28, 2013, No. 400-FZ “On Insurance Pensions”); to accumulative pensions (Part 2, Article 4 of the Federal Law of December 28, 2013, No. 424-FZ “On funded pension”) and to pensions for state pension provision (Clause 1, Article 3 of the Federal Law “On State Pension Provisions” of 15.12. .2001 N 166-FZ).
Therefore, to obtain the right to a Russian pension, foreign citizens, including CIS citizens, must have a residence permit. Otherwise, they do not have the right to a pension (Article 2 of the Federal Law No. 115-FZ of 25 July 2002 on the Legal Status of Foreign Citizens in the Russian Federation).
Otherwise, the conditions for obtaining a Russian pension for foreign citizens do not differ from the conditions for citizens of the Russian Federation.
For example, foreign citizens have the right to an old-age insurance pension under the new pension law since 2015.
with an insurance period of at least 15 years, reached the retirement age and having an individual pension coefficient of not less than 30 (Article 8 of the Law of 28.12.2013 N 400-FZ “On insurance pensions”).
Attention. Payment of the pension for the former residence for CIS citizens is terminated if the pension of the same kind is provided for by the legislation of the Russian Federation.
Such principles of pension provision for citizens who have arrived in the Russian Federation from the CIS countries are stipulated in the relevant international treaties. In particular, in the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pension provision dated 13.03.1992, which regulates the provision of pensions for citizens of Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.
Registration of an old-age insurance pension for foreign citizens.
Foreign citizens or stateless persons can apply for an old-age insurance pension in the Russian Federation only if they permanently reside in the territory of the Russian Federation, that is, they have a residence permit.
Foreign citizens receive a Russian pension on the same grounds as citizens of the Russian Federation, unless otherwise stipulated by law or international treaties of the Russian Federation (Part 3, Article 3 of Federal Law No. 173-FZ of 17.12.2001 “On Labor Pensions in the Russian Federation “, Part 3, Article 4 of the Federal Law of December 28, 2013, No. 400-FZ” On Insurance Pensions “).
If the validity of the residence permit has expired.
the payment of the insurance pension is suspended for six months starting from the 1st day of the month following the month in which the term of validity of the specified document has expired (clause 4, part 1, article 24 of Law No. 400-FZ of December 28, 2013 “On insurance pensions” ).
If a pensioner – a foreign citizen has not submitted a residence permit, the payment of the insurance pension ceases on the 1st day of the month in which the six-month period provided for in cl. 4 p. 24 of the Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”).
Starting from 01.01.2015, under the new pension legislation, as already mentioned above, the right to an old-age insurance pension arises with the simultaneous fulfillment of three conditions (Article 8, part 1 – 3 article 35 of Law No. 400-FZ of December 28, 2013 insurance pensions “, Appendix 3 to the Law of December 28, 2013 No. 400-FZ” On Insurance Pensions “):
reaching a certain age (60 years for men and 55 years for women); availability of at least six years of minimum insurance experience in 2015, and starting from 01/01/2016, the duration of the insurance period will increase annually by one year and in 2024 will be 15 years; presence of the minimum fixed value of the individual pension coefficient, the so-called pension score (from 01.01.2015 – 6.6 with the subsequent annual increase of 2.4 to reach the value of 30).
Some categories of citizens (for example, women who have worked with harmful and difficult working conditions, in special climatic conditions, visually impaired or due to military trauma, women who have given birth to five or more children) are entitled to early retirement pensions (Article 30, 31, 32 of the Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”).
Algorithm of treatment of foreign citizens for getting an old-age insurance pension.
When applying for an old-age insurance pension, it is recommended that foreign citizens follow the following algorithm.
Step 1. Collect all the necessary documents for the registration of the Russian insurance pension.
You will need (paragraph 2 of Article 24 of the Law of December 15, 2001 No. 166-FZ “On State Pensions in the Russian Federation”, List approved by the Order of the Ministry of Labor of Russia from November 28, 2014 N 958n):
passport of a foreign citizen or other document proving his identity; application for the establishment of a pension;
Attention. If you receive a disability pension and have reached the age at which an old-age pension is granted (under other conditions for obtaining it), the latter is appointed from the day of reaching the specified age. The application for the appointment of an old-age pension is not required (Part 6, Article 22 of the Law No. 400-FZ of 28.12.2013 “On Insurance Pensions”).
documents confirming the authority of the representative (if the application and documents are submitted through a representative); a residence permit with a note on registration at the place of residence; certificate of registration at the place of stay in the territory of the Russian Federation; a statement on the actual residence in the territory of the Russian Federation; the Russian work record book of the established sample; contracts of a civil law nature, the subject of which is the performance of work or the provision of services; insurance certificate of the state pension insurance of the Russian Federation; extract from the individual personal account of the insured person in the mandatory pension insurance system.
Attention. Before applying for a pension, you have the right to get acquainted with the information contained in your individual personal account (paragraph 32 of the Rules, approved by the order of the Ministry of Labor of Russia from November 17, 2014 N 884n).
A certificate confirming the presence of disabled family members in the dependency; documents on the change (certificate of marriage, its dissolution, change of name); certificate of medical and social expertise, confirming disability.
Attention. For citizens who arrived to Russia from the CIS countries in order to establish the right to a pension, including a pension on preferential terms and for long service, the length of service acquired in the territory of any of the countries participating in the Agreement on the Guarantees of the Rights of Citizens of the CIS Member States in the field of pensions from 13.03.1992. Documents necessary for the provision of pensions, issued in due course in the territory of these states and states that were part of the USSR, or before 01.12.1991, are accepted on the territory of the CIS member states without legalization.
Step 2. Apply for a Russian insurance pension and related documents.
An application for an insurance pension can be submitted no earlier than one month before the age that gives the right to receive an old-age insurance pension (clause 19 of Regulation No. 884n).
At the same time, you can apply for a pension at any time after the emergence of the right to it without restriction by any period (paragraph 18 of the “Rules for applying for an insurance pension …”
Order of the Ministry of Labor of Russia from November 17, 2014 N 884n).
Pension is assigned by the Pension Fund Department at your place of residence (clause 1 of Article 24 of Law No. 166-FZ “On State Pensions in the Russian Federation”, paragraph 3 of Regulation No. 884n).
You can apply to the Pension Fund.
personally, by mail or through a multifunctional center of public services (MFC) at your place of residence, if an agreement on interaction between the Pension Fund and the MFC has been concluded and the filing of such applications is stipulated in the list of services provided to the MFC (paragraph 1 of Article 24 of the Law of December 15, 2001 N 166-FZ “On state pension provision in the Russian Federation”, item 4, 21 of the Rules N 884n).
In the absence of a residence confirmed in the Russian Federation on the territory of the Russian Federation, an application for the appointment of an insurance pension must be submitted to the Pension Fund department at the place of his stay in the territory of the Russian Federation.
In the absence of the place of stay on the territory of the Russian Federation, an application for the appointment of a pension should be filed at the place of actual residence (paragraph 5, 6 of the Rules N 884n).
Also, with your consent, the employer can submit an application for a pension at your place of residence, and in the absence of a place of residence – at your place of residence or actual residence or at the location of the employer himself (clause 14 of the Rules N 884n).
In addition, the application for the appointment of a pension can be submitted in the form of an electronic document through the Unified Portal of State and Municipal Services (functions) or through the service “Personal Office of the Insured Person” of the Pension Fund information system (Paragraph 4, Clause 1, Clause 24 of Law No. 166- FZ “On state pension provision in the Russian Federation”, p.4 of the Rules N 884n).
Step 3. Obtain a document confirming your right to receive an old-age insurance pension.
The Pension Fund body examines the application for an insurance pension within 10 working days from the day the application is received. The term for consideration of the application may be suspended until the completion of the audit, submission of additional documents requested, but not more than three months (part 7, 8, article 22 of the Law No. 400-FZ of 28.12.2013 “On Insurance Pensions”).
The Pension Fund has the right to verify the validity of the issuance of documents (information) necessary to establish an insurance pension, as well as the reliability of the information contained therein (paragraph 63 of Regulation No. 884n).
If the Pension Fund has refused to satisfy the application for an insurance pension, he must notify the applicant about it within five working days after the date of the decision.
Attention. At the same time, the Pension Fund should indicate the reasons for the refusal and the procedure for appealing against it, as well as return all documents submitted by the applicant (Part 9, Article 22 of the Law No. 400-FZ of 28.12.2013 “On Insurance Pensions”).
Thus, this decision to refuse an insurance pension may be appealed to the higher body of the Pension Fund.
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With respect and faith in your worthy LIFE on retirement,
Obtaining Russian pension by foreign citizens.