After the publication of the article «Where and how to live a Russian pensioner, he chooses himself,» I decided to dig deeper into this subject and clarify the legal and financial aspects of Russian pensioners living abroad. And stumbled on an interesting material Gennady Borisovich Kolesov, who consider it necessary to give full.
Unfortunately, more and more of our fellow citizens because of the anti-people policies the country’s leaders are forced to go abroad. Last year, when vacationing in Turkey, was struck by the extent of «dominance» of this country’s Russian-speaking immigrants from the CIS countries. And this picture is not only in Turkey. Many of our fellow citizens are moving to resort areas of these countries on a permanent basis. And the issue of pension provision for them is urgent.
I hope this article on pensions to citizens departing for permanent residence abroad, in some way help them.
The pension system — one of the toughest in the legislation. This characteristic is valid both for Russia and any country where our people go for permanent residence, but it is not comforting those who want to retire there to receive.
In addition, the right to social security in old age or disability, even guaranteed by constitutions of most countries do not always translate into practice. This became especially apparent when the old iron curtains have fallen, new borders, and current retirees are held hostage to the conservative old laws.
Some of the current and future recipients of pensions has become a foreigner without going anywhere, and someone has acquired this status by changing their country of residence.
The Russian pension legislation left for permanent residence outside the Russian Federation shall be those officially starring in Russia from registration. In practice, this procedure takes place either in Russia through the appropriate bodies of Internal Affairs (Visa Service), or through consular or diplomatic representative of the Russian Federation abroad.
Even for those with dual citizenship (one of which is Russian), is set to place them of registration, specifying, for example, the procedure for applying for a pension.
Under Russian law, the right to appoint a pension from the number of living outside the Russian Federation have only to nationals. Immigrants has ceased to be citizens of Russia in connection with obtaining Russian citizenship of another state pension, still can not be assigned.
For some retirees pay Russian pensions could be terminated for various reasons.
Pensioners often do not ask them to pay a pension to get the proper help for social agencies in the country of residence. After all, received a pension in Russia reduced the size of social benefit.
Also prior to the 1990s in Russia, the social welfare pension automatically stop paying those pensioners who went to permanent residence abroad.
Now retired the opportunity to resume the payment of pensions.
Such a right has all the pensioners who are pension was once assigned, regardless of their current citizenship. Application for the restoration of pensions can be filed either at the place of registration in Russia, either directly to the Pension Fund of Russia, if the pensioner from registration in Russia is cleared.
Federal laws on 15.12.2001, № 166-FZ «On State Pensions in the Russian Federation»
Article 24 of the Federal Law of 17.12.2001 № 173-FZ «On labor pensions in the Russian Federation»
Federal law of 06.03.2001 № 21-FZ «On payment of pensions to citizens who travel for permanent residence outside the Russian Federation»
Government of the Russian Federation of 08.07.2002, № 510 «Regulations on the procedure for payment of pensions to citizens who are leaving (who left) for permanent residence outside the Russian Federation»
and a number of other regulations, unless otherwise stipulated by international agreements (treaties) of the Russian Federation.
For example, a citizen went to live permanently in Spain, with which the RF operation of the Treaty on Social Security 4.11.94. The right of the citizen’s pension benefits are determined rules of the Treaty and not the Law of 06.03.2001 № 21-FZ «On payment of pensions to citizens who are leaving for permanent residence outside the Russian Federation.»
Despite the absence of such a provision in the law of 06.03.2001 № 21-FZ, must take into account Part 4 of Art. 15 Constitution, which stipulates that international treaties are an integral part of Russia’s legal system. If an international treaty of the Russian Federation stipulates other rules than those stipulated by law, the rules of international treaty.
Currently, the following international treaties in the field of social security and pension provision of citizens traveling abroad:
The agreement between the USSR and the Czechoslovak Republic on Social Security 2.12.59;
The agreement between the USSR and the People’s Republic of Bulgaria on cooperation in social welfare from 11/12/59;
The agreement between the USSR and the People’s Republic of Romania on cooperation in social welfare from 12/24/60;
The agreement between the USSR and the Hungarian People’s Republic on Cooperation in the field of social welfare from 20/12/62;
The agreement between the USSR and the Mongolian People’s Republic on Cooperation in the field of social welfare from 06/04/81;
Agreement on guarantees of rights of citizens of the states — participants of CIS in the field of pensions from 13/03/92 (members: Armenia, Belarus, Kazakhstan, Kyrgyz Republic, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Russian Federation);
Interim Agreement between the Government of the Russian Federation and the Government of Ukraine to assure the rights of citizens who worked in the Far North and in areas equivalent to the Far North, in the areas of pensions from 1/15/93;
Treaty between the Russian Federation and the Kingdom of Spain on Social Security 4.11.94;
Agreement between the Government of the Russian Federation and the Government of the Republic of Moldova guarantees the rights of citizens in the areas of pensions from 2/10/95;
Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan guarantees pension rights of residents of the Republic of Kazakhstan Baikonur on 04/27/96.
Important. In deciding whether to move to a permanent residence abroad must be considered precarious those Treaties.
For example, not so long ago, the Czech side had decided to denounce the agreement between the Soviet Union and Czechoslovakia. This means that the Russians under the age of 65 years (retirement age in Czechoslovakia), but not worked in the country at least 15 years old, will not be eligible for the Czech pension.
The Russian pension may also be problems because many people discharged from Russia, and experience in the Czech Republic is unlikely to be counted. The only reasonable way in such case registration of pension insurance.
to the citizens of the Russian Federation
for foreign nationals
stateless persons who are public pensions in relation to employment and other socially useful activities (Service) appointed in accordance with the laws of the Russian Federation
for citizens covered by the Law «On pension security of those performing military service …»
regardless of their date of departure from Russia, moving from one state to another place of residence.
Who is eligible for Russian pensions when going abroad
As a rule, the majority of Russian pensioners retain the right to a pension at the exit for permanent residence abroad. Can not expect to receive a pension from abroad:
pensioners, which pension is granted according to Soviet law, and not the Russian (mostly those who moved from Russia to the early 90’s.)
retirees who receive social pensions. These include, in particular, people with disabilities who do not have insurance experience (a full list of periods included in the insurance period, you must provide the department of the Pension Fund in your area).
retirees who migrate to countries with which the Soviet Union or Russia has international agreements on pensions (among them — many former republics of the USSR, Spain, Hungary, Bulgaria, Czechoslovakia, etc.). So the citizens of the pension payable under the contracts.
Pensioner who is about to leave for permanent residence outside the Russian Federation in accordance with Article 1 of the Federal Law of 06.03.2001 № 21-FZ «On payment of pensions to citizens who are leaving for permanent residence outside the Russian Federation,» the right to receive an amount assigned him a pension for six months in advance.
To do this he must:
submit to an office of the Pension Fund application for payment of pensions for six months;
provide proof of his departure abroad for permanent residence. For citizens of the Russian Federation is the so-called foreign passport with a note «to live abroad.»
Note that the recalculation of pensions paid for six months in advance, not made, even if it’s time to change the law and all other pensions were increased. If departure is delayed for more than six months, the pension can be paid back in six months in advance (Regulation on the payment of pensions to citizens who are leaving (who left) for permanent residence outside the Russian Federation, approved by the Government of the Russian Federation on July 8, 2002 № 510 .)
Pensioner left for permanent residence abroad, the amount of pensions paid to or on the territory of the Russian Federation (RUR), or transferred abroad (at the exchange rate set by the Central Bank of the Russian Federation on the day of each transfer) — it depends on the willingness of the pensioner.
First choice: the retiree’s pension is payable in the territory of the Russian Federation (RUR)
On the territory of our country’s pension shall be paid the same office of the Pension Fund, and that person prior to departure abroad. In the office of the Pension Fund sent a statement which specifies the country of departure, address of permanent residence abroad, details of a Russian bank. An application accompanied by proof of domicile of a citizen abroad, and proof of date of travel abroad (or moving from one foreign country to another).
On the basis of this application department of the Pension Fund pays retirement in our country. If the earlier pension transferred, notify the office of the Pension Fund FIU’s desire to have it retired in the Russian Federation. At the same time further indexing, updating and conversion of pension shall be made in accordance with Russian law.
The above decision of the Government of the Russian Federation on July 8, 2002 № 510 authorizes retired pay, not only through the bank, but also by power of attorney of the pensioner to his representative. This document must be notarized.
In any case, the pension is paid if a document confirming that a citizen is alive at 31 December each year.
This document is issued by the diplomatic mission or consular office of the Russian Federation abroad, a notary in the territory of the Russian Federation or the competent authority (an official) of a foreign state.
Foreign documents submitted to pensions, shall be certified by apostille with the competent authority of the country of residence and have a notarized translation into Russian.
Second choice: transfer retiree pensions abroad.
It is carried out by the Pension Fund of the Russian Federation at the request of the pensioner and on the basis of the same documents as for the payment of pensions in our country.
In this case, the FIU requesting your office of the Pension Fund Help for pension business and on the basis of such information takes the pension outside of Russia (including pension payments for six months in advance before departure). Translates it to the account of the pensioner at the bank of a foreign state.
Russian law also provides rules for payment of pensions of pensioners in return for permanent residence in the Russian Federation.
In such cases, the pension is paid to the territorial authority of the Pension Fund of the Russian Federation on the basis of:
Data are not amounts paid pension;
passport of a pensioner — a citizen of the Russian Federation with a note on residence registration.
In this case the amount of the pension is not received during his stay abroad, paid no more than three years prior to the treatment of pensions in the Russian Federation.
Upon receipt of all required documents territorial office of the Pension Fund validates the calculation of pension and retiree pension payment begins in the Russian Federation.
If before the retiree’s pension translated abroad, the local office of the Pension Fund shall notify the RPF of receipt of the application of a citizen to pay his pension in the territory of our country and request a letter from the transfer of pension retiree outside the Russian Federation.
I am a Russian specialist, currently working abroad. Can I provide a pension in Russia?
According to Article 29 of the Pensions Russian citizens who work outside its territory, may voluntarily enter into legal relations on obligatory pension insurance and pay insurance premiums to the Pension Fund budget of the Russian Federation. From this it follows that it is necessary only to apply to the Pension Fund and remit the premiums yourself.
In this case, a citizen working abroad, acquire the status of the person insured in the compulsory pension insurance of the Russian Federation, or continues to remain so, unless that status had already been.
What documents are required to provide retiree receiving a pension for six months in advance when traveling abroad?
Retiree’s pension when going abroad for six months in advance is made:
pensioner — a citizen of the Russian Federation — on the basis of an application and a passport, his identification outside the Russian Federation, in the presence of the mark in the passport «to live abroad»;
foreign citizens — on the basis of a declaration of a national passport, a copy of residence permit and visa of a foreign state, in which he intends to enter (if necessary);
stateless person — based on the application, a copy of residence permit and visa of a foreign state, in which he intends to enter (if necessary).
In what order are the Pension Fund shall decide on the transfer of retiree pensions abroad and at what time it is converted
Based on the application asks the retiree FIU territorial office of the Pension Fund to help its retirement business.
Regional office of the Pension Fund, carried out the retiree pensions in the Russian Federation, validates the calculation of pension specified pensioner, it closes the deal and retirement pension amounts to help the cause in two copies, one of which is sent to the Pension Fund of Russian Federation.
Second copy of the certificate request and RPF are kept together with the pension business in the archives of the existing pension cases.
After receiving information on the pension case of a pensioner, who left for permanent residence outside the Russian Federation, the FIU shall transfer the pension the pensioner abroad.
Retirement begin to translate the pensioner abroad in the next month after the departure date the pensioner from the Russian Federation, but not before the date to which the pension is paid in Russian rubles (including payment of the pension the pensioner for six months in advance before departure).
I live abroad, get a Russian pension. From time to time pension legislation changes, the pension increases. Does it concern me? If so, in what order would review my pension
In this case, we should understand what kind of increase in pensions in question. If they are indexed for inflation, this applies to all pensions, including those paid by pensioners to travel abroad.
If adopted by the federal law that increases the size of the basic retirement pension in order to bring it closer to the subsistence minimum for pensioners in our country, the conversion is made according to the norms of the law.