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How Pensions of Military Men Will Be "Increased", If Lowering Index 0.54 Has Been Introduced by the Law?

How Pensions of Military Men Will Be "Increased", If Lowering Index 0.54 Has Been Introduced by the Law?
29.10.2011

Many long years the state forgot to increase in time pensions earned by sweat of our brows to the military pensioners, it skillfully entered into monetary contentment of military men various additive not influencing increase of pensions, contrary to the law and common sense it deprived us of real rations, thanks to well-known law №122 it cancelled financially significant to us privileges keeping promising...

In the meantime our pensions decreased to such an extend that military pensioners started passing to civil pensions of social security department. Indignation and discontent among military pensioners and military men grew. Lately heads of all ranks in their public speeches and mass media flunked us with promises of ESSENTIAL GROWTH of military pensions in 2012.

We waited and hoped that the state will recollect us, the more so it was promised by the first persons of our power!

WHAT DO WE RECEIVE AT LAST?

On October, 21st, 2011 the State Duma approves the Bill № 556510-5 "About modification into separate acts of the Russian Federation ..." Article 2 of the named Bill enters changes into the article 43 of the Law of the Russian Federation from February, 12th, 1993 № 4468-I "About provision of pensions to the persons passing military service ..." supplementing it with part two of the following content:

"Specified monetary contentment is considered at calculation of pension since January, 1st, 2012 at a rate of 54 percent and since January, 1st, 2013 annually increases by 2 percent up to reaching of 100 percent of its size ..."

That circumstance that above-named bill enters index 0,54 to pension-forming base and accordingly - to the total size of the deserved military pensions - is being concealed by the chairman of the committee of the State Duma on defense V.M.Zavarzin in the interviews published in mass media, in its turn it says that the State Duma either consciously avoids open discussion of this part of the bill or hasn't settled to the end new mechanism of charge of military pensions.

So, in the interview published in "The Russian Newspaper" V.M.Zavarzin declared that the system of calculation of pensions "remains invariable - 50% for 20 years of service period plus 3% for each additional year of the service period but no more than 85%" from pension-forming base and that "Essential growth of military pensions will occur at the expense of increase in salaries since January, 2012".

However V.M.Zavarzin held back that the bill enters additional lowering index 0,54 to pension-forming base therefore pension calculated on the base of "invariable system is additionally multiplied by 0,54 (in reality it's been decreased almost by half). Pension-forming base consists of the salary sum depending on rank, the salary depending on military post and percentage bonus for long-service. Therefore as a result of introduction of the lowering index 0.54 to the pension-forming base at legislative level increase in salaries since January, 2012 won't lead to essential growth of military pensions.

We note that conclusion of the committee of the State Duma on defense at modification of the law of the Russian Federation "On Pension Provision ..." is deprived of any logic and common sense. According to the conclusion of the committee of the State Duma on defense (from 27.06.2011 № 136/1.2) "necessity of specification of the order of calculation of military pensions" is caused by essential increase in sums of monetary allowance of military men. How is it possible to motivate introduction of the lowering index 0,54 by increase in monetary allowance of military men?

Prospective increase of pay of the monetary allowance to military men by the government of the Russian Federation and, as consequence of it expected growth of size of military pensions, shouldn't be the basis for introduction of the lowering index 0,54. It turns out that each time increase in military pensions gives the legislator right to introduction of the lowering index!

According to the conclusion of the committee of the State Duma on defense (from 27.06.2011 № 136/1.2) changes into the law of the RF "On Pension Provision ..." are brought "with the purpose of maintenance of increase of level of the provision of military pensioners ...". It turns out that the lowering index 0,54 to the sums of deserved military pensions is introduced "with the purpose of maintenance of increase of level of the provision of military pensioners"! Thus deputies try to raise pensions using push-down method! Where's logic? Obvious contradiction between intentions and actions of legislators at adoption of this law is on hand.

Moreover, if to read the bill attentively, it is easy to see obvious infringements of the Constitution of the Russian Federation. Part two of the addition to the article 43 of the Law of the Russian Federation "On Pension Provision ..." puts military men and pensioners in obviously unequal position depending on their age. For example, the 45-year-old colonel and the colonel who is 60-70 years who obviously appear to have unequal rights to the reception of the deserved military pension. In this article the legislator recognizes that each of them will live until the time when his pension will be calculated from 100 percent of pension base. That is that each of them will live till 2035 and overall pension. It is obvious that it's impossible for many elderly veterans as a man is mortal. Only few will live to it.

This addition obviously infringes the Constitution of the Russian Federation, article 19, parts 1 and 2: "1. All people shall be equal before the law and courts. 2. The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned".

Next infringement. As the sizes of military pensions and monetary allowance of military men are defined by the salaries of the monetary provision of military men, introduction of the lowering index 0,54 to the sizes of military pensions leads to redistribution of means of the federal budget towards increase in monetary allowance of military men. Actually essential increase in monetary allowance of military men is carried out at the expense of pensions of military pensioners, that also contradicts to the Constitution of the Russian Federation, its article 17, part 3: "The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of other people".

One more fact. The State Duma accepted the following amendment: Article 12, point 6. "Positions of part two of the article 43 of the Law of the Russian Federation from February, 12th, 1993 № 4468-I "On Pension Provision of persons passing military service, service ... " (in edition of the present Federal law) aren't applied in relation to judges of Military Panel of the Supreme Court of the Russian Federation and military tribunals, public prosecutor's employees (including military men of departments of Military Prosecutor) as well as employees of Investigatory committee of the Russian Federation (including military investigating bodies of Investigatory committee of the Russian Federation), pensioners from among specified persons and members of their families".


Introduction of modification related to introduction of the lowering index at calculation of pensions to one categories of military men (military pensioners, employees of the Ministry of Interior, etc.) and cancellation of it for other categories (Investigation Department of the Investigation Committee, military prosecutors, etc) infringes article 19, point 2 of the Constitution of the Russian Federation in which "The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status..." as in this case the first category of employees loose the rights on served 100% pension during 23 years!

We want to remind part 1 of the article 15 of the Constitution of the Russian Federation: "The Constitution of the Russian Federation shall have the supreme juridical force, direct application and shall be used on the whole territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation shall not contradict the Constitution of the Russian Federation". Deputies of the State Duma having approved the bill repeatedly broke the Constitution of the Russian Federation!

Unless we who made assault flights and protected peace sky of the country, who pulled combat duty behind the panels of radars of radio location stations and rocket control systems, who weighted anchor and drowned into the sea, who swallowed trench dust during training and real fights, who spent best, young years on service to the country and who lost health there are not worth to receive 100% of the deserved pension?

Reserve Major Тarasenko Vladimir Nikolaevich

Reserve Major Babenko Anatoly Petrovich

Lieutenant colonel Babenko Rustam Anatolievich

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