He did not reach his military pension. Didn't reach the minimum pension. Live until retirement

Recently, many employers have been trying to fire employees near retirement age, and there are many reasons for this, ranging from decreased productivity to the desire to employ younger specialists in their place. From the point of view of the law, employees who have little time left before retirement are not so protected, however, their age is not a basis for dismissal.

In Art. 3 of the Labor Code of the Russian Federation states that age, race, gender, nationality, social status and beliefs do not provide any advantage in professional activities and should not influence the attitude of the employer, and if he wants to fire his employee, citing any of the above, this considered discrimination in the world of work.

Direct grounds for dismissal at the request of the manager are listed in Art. 81 of the Labor Code of the Russian Federation, and these include the following:

Termination of registration of individual entrepreneurs, liquidation of the organization.
Staff reduction.
Inconsistency with the requirements for the position, confirmed by the certification commission.
Repeatedly observed failure to perform official duties in the presence of a disciplinary sanction.
Single and gross violation of labor discipline.
Missing an entire shift or working day, as well as absence from the workplace for more than 4 hours in a row without a valid reason.
Being at work under the influence of alcohol, drugs or toxic substances.
Disclosure of official or state secrets.
Intentional embezzlement, theft or theft at the place of work.
Violation of labor protection requirements, which entailed serious consequences.
Loss of trust on the part of the employer caused by the commission of guilty actions when servicing commodity or financial assets.
Providing false information about your financial or property status, or refusing to provide such information, if this entails a conflict of interest or can prevent it.
Committing an immoral act if an employee is engaged in educational activities and further work in the organization is impossible.
Providing false documents during employment.

Also, individual cases that are the reason for termination of an employment contract at the initiative of the employer may be indicated in the document itself, but reaching pre-retirement age in any case is not grounds for dismissal.

Another situation often arises: the employer himself asks his subordinate to resign of his own free will, and if he refuses, then all the conditions are created in the team so that he nevertheless writes a letter of resignation. Such actions of the manager are considered unlawful and can be appealed in court, because termination of the employment contract in this case is carried out under pressure.

Despite the fact that, according to the law, it is almost impossible to dismiss a person of pre-retirement age without grounds, there are still circumstances under which an employment contract can be terminated:

If, by decision of the court or labor inspectorate, the employee who previously performed this work was reinstated to the position, and there are no other vacancies in the organization.
If the employee committed a criminal act and was convicted.
If the contract was concluded for a certain period, and not indefinitely, and this period ends.
If the employee has been found to be completely unsuitable for work in a given position in accordance with a medical report.
Expiration or deprivation of licenses required by the employee for professional activities.
If the employee was reinstated to his position by a court decision or labor inspectorate, but later this decision was canceled.

Thus, dismissal before retirement due to reaching a certain age is unlawful and can be appealed in court.

Can I be fired a year before retirement?

All the reasons for dismissing an employee of pre-retirement age are listed above, but it often happens that an organization plans to reduce staff, and in this case preference is given to employees with the highest productivity. In accordance with Art. 32 of the Federal Law “On Employment in the Russian Federation”, early pensions may also be assigned to certain categories of citizens working in difficult and stressful conditions, which is an alternative and more acceptable option to dismissal:

For doctors.
To teachers.
Locomotive transport workers.
For public transport drivers.
People working in the Far North or involved in underground work.
Mothers of many children.
People who are dependent on a disabled person.

Must be less than two years away from retirement.
There is a developed work experience (it depends on working conditions).
If, after dismissal due to staff reduction or liquidation of the enterprise, it was not possible to find a suitable job through the Employment Center.

To retire early, you need to contact the Employment Center yourself, and then, after an approving decision and receiving a certificate, apply to the Pension Fund and write an application for an early pension.

If the company plans to reduce staff, then according to Art. 179 of the Labor Code of the Russian Federation, employees with the highest qualifications and labor productivity, as well as certain categories of employees, have a preferential right to continue their work activity:

If the qualifications and productivity of all subordinates are equal, then family people raising two or more dependents have an advantage; persons providing for the entire family if its other members are not employed; employees who received injury or illness in connection with their work activities in this organization; disabled combat veterans; employees who improve their skills without interrupting their work duties.
Other categories of employees specified in the collective agreement.

According to Art. 81 of the Labor Code of the Russian Federation, termination of an employment contract due to staff reduction is possible only if the employee has given a written refusal to be transferred to another position or there are no vacancies in the organization that correspond to his qualifications and state of health.

Is it possible to go to court if an employee does not agree with dismissal before retirement?

Several years ago, one of the deputies introduced a bill to the State Duma, according to which employers would not have the right to fire their employees who had less than two years left to work until retirement. This initiative did not find support, and now people of pre-retirement age have the same rights as younger workers. However, increasingly, managers are trying to terminate employment contracts with unwanted employees and employ other people in the places of dismissed subordinates, but it should be remembered that if there is no legislative basis for this, then such actions are unlawful.

To achieve justice, you should first contact the labor inspectorate. Employees of this organization will conduct an inspection and issue an appropriate order to eliminate violations, but in order to be reinstated and receive moral compensation, they will have to file a claim. As a rule, such cases are dealt with by the district courts at the location of the defendant, but before going there, you need to carefully prepare:

Find an employment contract: it will serve as proof of employment in the company. As a rule, employers do not give them a second copy when hiring employees, and in this case you can ask for a salary certificate for the period of time worked. This document not only proves that the employee worked for the organization, but will also be needed to recover wages and compensate for forced absence during reinstatement.
Provide other documents along with the statement of claim: copies of the work record book and contract, copies of orders for hiring and dismissal, salary certificates.

If the presented documentary evidence is not enough for a full consideration of the case by the court, then, at the initiative of the plaintiff, witnesses may be invited to the hearings who will confirm their work activity in the organization, illegal dismissal, or that the termination of the employment contract was carried out at the request of the employee under pressure from the manager.

What rights does the plaintiff have in this case:

He may change the claims.
Demand compensation for attorney fees and state fees from the defendant.
Reduce or increase the amount of required compensation.
Refuse the claim, change its subject and grounds.

Sometimes a settlement agreement is concluded between plaintiffs and defendants, but it should be remembered that this document deprives the employee of the right to re-apply to court on the same grounds. The settlement agreement must be confirmed by a judicial authority, and from the moment of confirmation it is recognized as valid. To reinstate an employee to his previous position, the manager must do the following:

Issue a new order canceling the dismissal order. It must indicate the grounds: for example, “in connection with the entry into force of the Court Ruling dated dd.mm.yy. in civil case No. “N” and in accordance with the terms of the settlement agreement between Romashka LLC and P.I. Ivanov. I order: 1. Cancel the order to terminate the employment contract...”
Notify the employee about his reinstatement and the execution of the corresponding order, then familiarize him with the document under his personal signature.
Enter the information in the work book: “Record No. “N” is considered invalid,” and also indicate in it the basis - the Order, its number and date of issue.

If the dismissal was declared illegal by the court, then the employee has the right not only to be reinstated in the workplace, but also to change the wording of the dismissal, because employers often terminate employment relationships with objectionable subordinates on grounds that discredit them (drunkenness in the workplace, absenteeism, etc. .). If this did not actually happen, but the judicial authority recognized the wording as unreasonable and illegal, the manager is obliged to perform the following actions:

Issue an order and send a notification to the employee.
Make an entry in the work book recognizing the wording of the reason for dismissal as invalid, and also indicate the basis - an order.
If an employee has already gotten a job at another company and cannot provide a work record, he can write an application requesting a certified copy of the Order to change the wording of the grounds for dismissal.

What to do if an employee was fired illegally, but at the time of going to court the organization was liquidated? In this case, it is impossible to be restored to the previous place of work, however, the court may well declare the termination of the employment contract illegal, and in some cases, oblige the successor to pay the plaintiff a salary for the entire period of forced absence.

The court decision is considered executed only if the employer has made all the required payments and reinstated the illegally dismissed employee in his previous place, and also complied with all court orders. If he did not do this, then he may be brought to administrative responsibility.

As can be seen from what is written above, the procedure for reinstatement at the previous place of work in connection with illegal dismissal is legally very simple, but in reality circumstances may arise in which the legal process will drag on for several months. To avoid such red tape, it is best to prevent it at the dismissal stage by contacting the labor inspectorate with a complaint about the manager’s illegal actions.

Hello!
If you do not have evidence of your dismissal, then you should be informed by the police with the requirement to prove in writing in court that you do not agree with the employment contract and, accordingly, they will not give it to you, since according to Article 80 of the Labor Code of the Russian Federation, employees sent for training by an employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, in part-time and part-time (evening) forms of study in bachelor's degree programs with state accreditation - about 33.33 rubles for which is provided only once . But in this part, the mother, who has medical expenses free from disabled people, is assigned an average monthly salary, and is given parental leave until the child reaches the age of three years. At the same time, the maximum amount of benefits for child care up to 1.5 years is assigned and paid for the period of maternity leave lasting 70 (in the case of a multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with the payment of state social insurance benefits in the Raztinsky Fund established by federal laws, at the request of the perpetrator in the prescribed manner,
3) occupational disease,
- disabled people employed in organizations regardless of organizational and legal forms and forms of ownership,
e) calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of part one of Article 83 of this Code),
reinstatement to work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code),
refusal of the employee to transfer to work in another locality together with the employer (clause 9 of part one of Article 77 of this Code),
recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code),
refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code).
An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay, with the exception of cases provided for by this Code.
Article 128. Leave without pay
For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, based on a written application from the employee, to provide leave without pay:
participants of the Great Patriotic War - up to 35 calendar days a year,
for working old-age pensioners (by age) - up to 14 calendar days per year,
parents and wives (husbands) of military personnel, spouses of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service (service) - up to 14 calendar days a year,
(as amended by Federal Law dated 07/02/2013 185-FZ)
(see text in the previous edition)
passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days.

Viewed 1809 times
Asked 2011-06-18 10:39:44 +0400 in the topic "Defense, military service, weapons" from Moscow

In which department/ministry can an officer of the Russian Ministry of Defense who was dismissed due to the general military service be served for the few years remaining before retirement? please list everything, I myself know about the Ministry of Internal Affairs and the Ministry of Emergency Situations.

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Answers (1)

Eduard Viktorovich Ponomarev

Pensions Pension provision for military personnel discharged from military service and members of their families is carried out in accordance with the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, and the State Fire Service , authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families.” Article 43 of this Law establishes that pensions for military personnel and their families are calculated from monetary allowances. Salaries by position, military rank are taken into account (without taking into account the increase in salaries for service in remote, high-mountain areas and in other special conditions) and a percentage bonus for length of service, including payments in connection with the indexation of monetary allowances. Also, the size of the pensions of dismissed military personnel depends on the duration of military service, positions occupied before dismissal and assigned military ranks. Article 13 of this Law establishes that the right to a long-service pension is given to persons who have served 20 years or more, as well as persons dismissed from service upon reaching the maximum age for service, health reasons or in connection with organizational and staffing measures and reaching day of dismissal 45 years of age, having a total work experience of 25 calendar years or more, of which at least 12 and a half years are military service. According to Article 14 of this Law, the long-service pension is established in the following amounts: for military personnel with 20 years of service or more: for 20 years of service - 50% of the corresponding amounts of monetary allowance and for each year of service over 20 years - 3% of the specified amounts of monetary allowance, but in total no more than 85% of these amounts; military personnel with a total work experience of 25 calendar years or more, of which at least 12 and a half years are military service: for a total work experience of 25 years - 50% of the corresponding amounts of pay and for each year of service over 25 years - 1% of the specified amounts monetary allowance. The revision (indexation) of pensions for dismissed military personnel is carried out in accordance with Article 49 of this Law simultaneously with an increase in the salaries of military personnel in service, based on the level of increase in the monetary allowance of the corresponding categories of military personnel taken into account when calculating pensions. For pensions assigned in accordance with this Law to certain categories of citizens, if there are appropriate grounds, it is provided for the establishment of various increases, allowances and raises, calculated as a percentage of the established amount of social pension: increases in the amount of long service pension for disabled people and their amounts are established by Article 16 of the Law ; pension supplements for length of service and their amounts are established by Article 17 of the Law; supplements to the disability pension and their amounts are established by Article 24 of the Law; Survivor pension supplements and their amounts are established by Article 38 of the Law; increases in pensions for long service (for disability, in case of loss of a breadwinner) and their amounts are established by Article 45 of the Law. By Decree of the President of the Russian Federation of September 1, 2010 No. 1091, from September 1, 2010, the monthly supplement to pensions established by Decree of the President of the Russian Federation of February 18, 2005 No. 176 “On establishing a monthly supplement to pensions for certain categories of pensioners” was increased, with 240 to 1000 rubles. The average pension amounts as of June 1, 2010 are: long-service pension - 8,031 rubles; for disability resulting from the performance of military service duties: Groups I and II – 7,421.78 rubles; Group III – 4464.58 rubles. for disability received during military service: groups I and II – 6576.86 rubles; Group III – 2925 rub. survivor's pension: death while performing military service duties – 6,765.02 rubles; death during military service –

— Is it possible to change the middle name when you first receive a passport at the age of 14, and in which department is this done?..

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Serve until retirement

Pension in the Far North.
Good afternoon! Tell me if, as a military serviceman, you reached the minimum pension, bought an apartment in Chukotka and registered in it. Transferred from central Russia, served for a year and quit, will there be a northern coefficient when calculating a pension?

The legislation on pension provision for military personnel establishes three types of pensions: according to length of service; due to disability; due to the loss of a breadwinner. A long-service pension is assigned and paid to its recipient after his dismissal from service. The assignment of a disability or survivor's pension does not depend on the length of service of the military personnel. A pension benefit for disability is established if it occurs during service or within three months after dismissal, or even later, but arose due to illness or injury received during the period of service. A military pensioner is allowed to re-enter military service or service in internal affairs bodies, or in other services provided for by law. True, in this case, the payment of the pension benefits assigned to him for the duration of his service is terminated and can be resumed upon his next dismissal, when he applies for restoration of the provision to the pension authority. Conditions for assigning a military pension for length of service In accordance with Article 13 of the Law of the Russian Federation dated February 12, 1993 N 4468-1, the right to establish a pension for length of service belongs to categories of military personnel who, on the day of dismissal from service, have a length of service of at least 20 years or are dismissed with service due to reaching the maximum age limits for service, health, or as a result of organizational and staffing changes. Pension benefits for length of service for military personnel are also assigned provided that on the day of dismissal they: have reached the age of 45 years; have a total work experience of 25 years or more, of which at least 12 years and six months of experience was military service and (or) service in bodies and institutions provided for by law. The procedure for calculating length of service When calculating length of service for assigning a military pension, periods of service are taken into account: Military service is service in the Armed Forces, in internal affairs bodies, in the State Fire Service (including work prior to appointment in this system in civil defense and emergency situations and liquidation of consequences natural Disasters); in the authorities controlling the circulation of narcotic drugs and psychotropic substances; in the bodies and institutions of the penal system. For officers and members of the commanding staff, the length of service may include the period of their study before entering service (but not more than 5 years) - one year of study goes for six months of service. Service under special conditions is counted toward length of service at a preferential rate. Therefore, you need to calculate everything and you will understand what you have!

The northern coefficient will only calculate the pension based on the region where you are currently serving and not from the calculation of the northern pension.

My husband is in the military. Didn't reach retirement 4 months

Can we apply for a pension?

Good time, Evgeniy) Yes, anywhere, if you are considering the issue of STATE pension provision and are striving to SERVE. And the Ministry of Internal Affairs, and the civil service, and the National Guard, and the Federal Penitentiary Service, and the police, and other “similar executive authorities” guarantee citizens a state pension. provision in accordance with the law of 1993 or 167-FZ of 2001, because Service in these bodies is a type of civil service! Good luck to you)

My husband did not reach retirement age by 8 months. Now he is 50 years old and after a stroke... is it possible to urgently apply for a pension?

Hello Good afternoon! My husband did not reach retirement age by 8 months. Now he is 50 years old and after a stroke... is it possible to urgently apply for a pension? My husband needs to apply for a disability pension.

In 2006, he was forced to resign from the authorities, 6 years short of retirement. When you take an extract from the Pension Fund, of course there are no cash accruals. But the work experience there was noted only from 1991 to 2001 with zero deductions. And the service period of 2002-2006 is not included in the statement at all, as length of service. At the same time, all the records are in the labor record, as expected. It turns out that at my age of over 45, I don’t even have 15 years of work experience! The Pension Fund of the Russian Federation stated that they do not have data, because... this structure did not provide them with any information. How, according to the law, should 15 years of service be transferred to the length of service for a future civil pension? What points can or should be awarded in this case if no contributions were made to the Pension Fund?
Thank you!
Sincerely, Victor.

Good afternoon Victor, the pension fund explained it to you correctly. From 1991 to 2001, no contributions were made to the pension fund, therefore there are zero contributions, there is no period of service from 2002-2006 since the Ministry of Internal Affairs does not make any contributions, when applying for a pension at the age of 60, this length of service will be counted towards you according to your work history book and it will be considered as other periods, and not as insurance (Article 12 of the Federal Law No. 400-FZ), for this period points will be awarded for each year of 1.8 points. Good luck to you!

Good afternoon If a serviceman has served for more than 12.5 years in calendar terms, then he has the right to receive a military pension upon dismissal for 3 reasons: age limit, illness, and organizational-staff events. I think that the conditions are the same in the Ministry of Internal Affairs. I advise you to contact the pension department of the Ministry of Internal Affairs with an application for accrual of your pension. Let me know the results of the conversation in a personal message. If the answer is negative, we will think further. Be sure to provide the reasons for the refusal.

I am a warrant officer with a service life of 10 years, I am now 42. Can I continue to serve until retirement?

Good day! Sure you can. Military personnel who have served 10 years or more and need improved housing conditions cannot be dismissed from military service without their consent upon reaching the age limit for military service, health conditions, or in connection with organizational and staffing measures, without providing them with housing or subsidies. for its purchase (link Guarantor). Contract workers who have served for more than 3 years have the right to purchase housing using a preferential savings mortgage.

Hello. Yes, you have this opportunity. Article 49. Age limit for military service Consultant Plus: note. On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ dated April 2, 2014. 1. The age limit for military service is established for: Marshal of the Russian Federation, army general, fleet admiral, colonel general, admiral - 65 years; lieutenant general, vice admiral, major general, rear admiral - 60 years; colonel, captain 1st rank - 55 years old; for a serviceman with a different military rank - 50 years.

Good day to you. How do we know whether you can serve or not? No one knows this. Good luck and all the best.

My friend only has two or three years left to serve before his military retirement; he is a major in the medical service, a neurologist. He lives in Orekhovo-Zuevo, tell me, is this possible and where can I put him?

Hello, in accordance with the norms of the current legislation of the Russian Federation and the established practice of its application, you need to contact your management not with lawyers, but only with management.

Hello, Alexey! From your question it is not entirely clear whether your friend has housing problems and what does “stuck” mean? For military pensioners, there are a number of benefits that must be taken advantage of based on length of service.

Is it possible to reach retirement age by leaving the penitentiary system and joining the police?

Yes, length of service is taken into account in both departments, and will be summed up to determine eligibility for a service pension.

I’m 41 years old, I used to work in the police, I didn’t serve 3 years before I retired, can I join the service under a contract?

Good day! The first contract for military service can be concluded by: citizens aged 18 to 40 years.

since there were no more children, I became daddy's daughter. We drove a car together (from the age of 12 I drove a truck myself), went hunting together, they dressed me like a boy, I don’t remember wearing dresses at all and to this day I don’t wear them.

in general, they raised me as a boy, and that’s how I grew up)) and I wanted to join the Army, I liked the team spirit of the army. After school I wanted to go to the Ministry of Internal Affairs to study, my parents didn’t let me (it’s no joke - my only daughter is in the police), so I went to the philology department, at the university I wanted to go to the military department - fuck you - we don’t take girls - you bastards 🙁

so, well, this is my character + upbringing.

In which department

1 answer. Moscow Viewed 2129 times. Asked 2010-06-18 17:49:30 +0400 in the topic “Defense, military service, weapons” Is there a law that the commander is obliged to allow me to serve until 20 years if I have served in the army for 19 years? - Is there a law that the commander is obliged to allow me to serve until 20 years if I have served in the army for 19 years. Further

1 answer. Moscow Viewed 239 times. Asked 2012-05-11 12:20:55 +0400 in the topic “Defense, military service, weapons” About contract service in the army - About contract service in the army.

Serve in the army until retirement

The Cabinet of Ministers reviewed a package of 5 bills of a social nature, which are necessary to approve the draft federal budget for 2019. “The budget will be tough, many decisions are extremely difficult for us,” he emphasized.

The debate over the future of the funded part of citizens’ pensions has become heated even within the Cabinet of Ministers. As a result, the government decided to extend the freeze on pension savings for another year.

Will a soldier's 8 years of service in the Federal Drug Control Service be counted?

Decree of the Government of the Russian Federation of September 22, 1993 N 941 (as amended on January 4, 2014) “On the procedure for calculating length of service, assigning and paying pensions, compensation and benefits to persons who served in military service as officers, warrant officers, midshipmen and military personnel on extended service or contract as soldiers, sailors, sergeants and foremen, or service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, and their families in the Russian Federation"

You know, it’s not very clear why you don’t approach the personnel officer with this question; for me during my service it was an ordinary job - counting my years of service and telling me about my pension, when and how best to leave.

Information and news portal Chas Rush Hour

Over the past year and a half, a lot has really changed in the army in certain areas. But the army itself has not changed. Basically, unfortunately, no,” writes volunteer ]]> Roman Donik]]> on his page on the social network.

There are just a lot of people out of place. A lot of people are stupidly bored, a lot of people are stupidly finishing their pensions. A lot of people joined the army in order not to work.

Pensions and Laws

In October 2004, I fell under the reform of the Ukrainian Armed Forces. At that time I had 18 years and 10 months of service. I wanted to move to another military unit to serve until I was 20 years old, but the command said that if I quit, I would start receiving a pension in 7 years (when I turn 45). If he is transferred, then only to lower positions and this is a lot of hassle. In general, I quit due to redundancy.

Jackets in the impending reform of the Russian Armed Forces

The main thing is different - so that these military men without PERMANENT housing are not fired. Then there will really be a tragedy: life is in shambles (time is lost), no housing, no pension.

If those dismissed due to “optimization” are still provided with permanent housing, then the tragedy will not be so great. Because now permanent housing in a normal region is still MUCH more important than a meager pension. You will still have to work, because you won’t be able to survive on retirement.

The increase in the retirement age by five years will begin with the Ministry of Internal Affairs

Russian police officers will begin to retire five years later: the Duma Security Committee is discussing a bill previously approved by the government. Opinions in the police community regarding the innovation planned for 2014 are divided. Former deputy head of the legal department of the Ministry of Internal Affairs, Ivan Solovyov, believes that the process of reducing state budget expenditures will be tested on police officers, as the most loyal category of citizens to the authorities.

Pension literacy lesson for graduates of the Yurga school

The head of the pension service of the Pension Fund Department in the Yurginsky district, Natalya Kulikova, told future graduates how to form a future pension and protect their rights against an unscrupulous employer.

To make it easier for students to understand the material, PFR specialists take the textbook “Everything about the future pension” to classes. For study and life”, which provides an accessible description of the Russian pension system, as well as basic information about the formation of a future pension.