Home / Cassation and appeal cases / Retirement from 2021 for persons living in the territory with a preferential socio-economic status

— Military service is included in the length of service (such periods refer to non-insurance periods, i.e. when the policyholder did not accrue or pay insurance contributions to the Pension Fund of the Russian Federation). And the age when your husband begins to receive a pension is 57 years old - as a resident of the city with a preferential socio-economic status, subject to living or working in this zone in accordance with the Law of the Russian Federation of May 15, 1991 No. 1244-1.

Right to early retirement for residents of zones with preferential status

In accordance with Art. 34, citizens permanently residing (working) in the territory of a zone of residence with a preferential socio-economic status (zone No. 4) are assigned an old-age pension with a decrease in age, for 1 year - the initial value of reducing the retirement age for living (working) in the period from the moment disaster at the Chernobyl nuclear power plant until June 30, 1986, - and an additional 1 year for every 4 years of residence or work in the territory of a residence zone with a preferential socio-economic status, but not more than 3 years in total.

Widows

1. Exclusion Zone. This area of ​​Chernobyl is located next to 4 Chernobyl reactors. They do not live or work in such a territory;
2. The resettlement zone is part of the territory of the Russian Federation outside the exclusion zone, from which many people left after the Chernobyl disaster. Citizens who live in this place are also provided with various benefits;
3. Zone with the right to resettle. This is a contaminated area in which various radiation measurements are regularly taken. Citizens who want to leave this place are given certain preferences;
4. Zone with permissible radiation level. People who still live in such a place also receive government support.

Benefits for Chernobyl victims

Pension and other benefits are provided to Chernobyl pensioners who live in the Chernobyl specific resettlement zone. In 1986, these citizens were forcibly evicted from apartments and private houses in order to ensure their safety.

• Monthly monetary compensation for the purchase of food products for citizens who have received or have suffered radiation sickness, other diseases, disabled people due to the Chernobyl disaster and children living with them who have not reached the age of 14
• 1017.93 rub.

Reason for appointment:

Clause 13 of part one of Article 14 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 1 of part one of Article 18 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 3 of part one of Article 18 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 1 of part two of Article 20 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 3 of part two of Article 20 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 15 of part one of Article 14 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 8 of part one of Article 18 of the Law of the Russian Federation N 1244-I

Reason for appointment:

• Clause 6 of part two of Article 19 of the Law of the Russian Federation N 1244-I

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Retirement under the Chernobyl benefit

• subjects who have been diagnosed with radiation sickness or other diseases directly related to exposure to radiation during the Chernobyl disaster or during the performance of work to eliminate the consequences of the accident;
• subjects who received disabilities due to exposure to radiation factors from the Chernobyl accident;
• subjects forced or voluntarily evacuated from exclusion or resettlement zones;
• subjects engaged in work in the exclusion zone;
• other categories of beneficiaries listed in Art.

List of preferences for Chernobyl victims

1. Everything depends on a combination of many factors. For categories of citizens exposed to radiation as a result of the Chernobyl disaster, see Art. 13 Law of the Russian Federation dated May 15, 1991 N 1244-1 (as amended on December 2, 2019) “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.” 2. Measures of social support for children and adolescents, see Art. 25 of the same legal acts.

Rules for obtaining a certificate

Hello! I have a question: Do I have the right to a pension supplement as the widow of the Chernobyl accident liquidator? My husband died in 2005, he was ill for a long time, but did not apply for disability. He has a liquidator certificate and an Order of Courage for his work in Chernobyl. Thank you.

By Resolution of the Constitutional Court of the Russian Federation of January 30, 2013 No. 3-P, paragraph 7 of Article 17 of this Law was recognized as inconsistent with the Constitution of the Russian Federation to the extent that the legal mechanism established by its provisions for providing residential premises to citizens who voluntarily left for a new place of residence from populated areas , exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant (residential zone with the right to resettle) and as a result of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River, where the average annual effective radiation dose exceeds 1 mSv (0.1 rem) ( additionally above the level of natural radiation background for a given area), those in need of improved housing conditions are not equally guaranteed in the system of current legal regulation - regardless of the date of registration as those in need of residential premises (before January 1, 2005 or after this date ) - one-time provision of residential premises to all citizens belonging to the specified categories

**) Clean food products are understood as food products in which the content of radionuclides does not exceed established international standards and which are recognized as fit for sale and consumption by bodies authorized by the Government of the Russian Federation.

GUARANTEE:

***) Citizens undergoing military service (service) include officers, warrant officers, midshipmen, long-term servicemen, female military personnel, non-commissioned officers and enlisted personnel on active military service in the Armed Forces, troops and bodies state security, internal troops, railway troops and other military formations, as well as commanding and rank-and-file personnel of internal affairs bodies, the State Fire Service.

1. collect a package of all documents confirming the right to receive privileges (certificate of disability, etc.);
2. documents for relatives, children and widows confirming their status; write a corresponding statement;
3. wait for the decision (the answer is sent in writing to the address of actual residence);
4. pick up the ID in person against signature.

1. compensation for overpaid utility bills;
2. providing a 50% discount;
3. reduction of tax payments;
4. free travel on public transport if you have an issued social card for a resident of the Moscow region.

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Is everyone paid monthly Chernobyl payments?

A terrible disaster occurred in April 1986 at the Chernobyl nuclear power plant. Until now, the Government of the Russian Federation is responsible for the consequences of the incident. The assistance consists of providing monthly benefits and allowances to the victims.

In accordance with paragraph 3 of Article 217 of the Tax Code of the Russian Federation, all types of compensation payments established by the current legislation of the Russian Federation, legislative acts of the constituent entities of the Russian Federation, decisions of representative bodies of local self-government, related, in particular, to compensation for harm caused by injury or other damage to health, are not subject to personal income tax. . Since the provision of additional paid leave is a benefit, the amount of payment for additional leave, in our opinion, is income subject to personal income tax.

But the tax authorities have a different point of view. According to tax authorities, the amounts of payment for additional leave provided for in Articles 14 and 19 of Law No. 1244-1, provided to citizens exposed to radiation as a result of the Chernobyl disaster, should be classified as compensation payments related to compensation for harm caused by injury or other damage to health. Based on the foregoing, in the opinion of the Ministry of Taxes and Taxes, payments for additional leave related to compensation for harm caused to citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant are not subject to personal income tax. This point of view is set out in the Letter of the Ministry of Finance of the Russian Federation dated September 27, 2004 No. 03-05-02-04/23. According to the Ministry of Finance of the Russian Federation, in accordance with paragraph 1 of Article 217 of the Tax Code of the Russian Federation, the amounts of payment for additional leave provided to “Chernobyl victims” on the basis of Law No. 1244-1 are not subject to taxation on personal income tax as payments made in accordance with current legislation (Letter Ministry of Finance of the Russian Federation dated August 7, 2003 No. 04-04-06/155).

“1) state benefits, with the exception of temporary disability benefits (including benefits for caring for a sick child), as well as other payments and compensation paid in accordance with current legislation. At the same time, benefits that are not subject to taxation include unemployment benefits, maternity benefits;

• citizens who have become disabled - 1,544 rubles;
• citizens who were evacuated from the affected area or left voluntarily - 1,236 rubles;
• for children and adolescents who lived in exclusion and resettlement zones, including children who were in a fetal state at the time of evacuation - 772 rubles;
• children and minors who permanently live in the region and have a special social status - 464 rubles.

To receive compensation, the widow should contact the social security authorities at her place of residence, presenting a copy of the death certificate, as well as a document proving the connection between the illness of the deceased spouse and the accident at the Chernobyl nuclear power plant. The widow has the right to cash payments if she was supported by a deceased Chernobyl victim.

Children and after 18 years

The grandchildren of citizens classified as beneficiaries are also entitled to monthly cash payments. If the grandson of a Chernobyl survivor has a disability, compensation is paid at double the amount. Grandchildren have the right to benefits if they were under the guardianship of their grandparents. Payments are made until the age of majority.

Citizens who moved voluntarily (without concluding contracts or agreements with the relevant administration) after January 1, 1994 to the radioactive contamination zones specified in Article 7 of this Law are not provided with compensation and benefits provided for in Article 17 of this Law.[3]

Amount of pension in an area with preferential socio-economic status

1. Exclusion Zone. Located directly next to the fourth reactor. Living and any activity here is strictly prohibited.
2. Removal zone. Places from which people quickly moved during the Chernobyl accident to reduce radiation exposure.
3. Zone with the right to resettle. People still continue to live in this area. However, although the area is considered theoretically safe, it is constantly monitored by scientists and doctors for increased background radiation. Preventive health measures are constantly carried out in this area.
4. An area with normal radiation levels. The territory is considered officially safe, but citizens living here are entitled to appropriate benefits.

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Is everyone paid monthly Chernobyl payments?

A terrible disaster occurred in April 1986 at the Chernobyl nuclear power plant. Until now, the Government of the Russian Federation is responsible for the consequences of the incident. The assistance consists of providing monthly benefits and allowances to the victims.

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Changes will begin in February 2021

1. collect a package of all documents confirming the right to receive privileges (certificate of disability, etc.);
2. documents for relatives, children and widows confirming their status; write a corresponding statement;
3. wait for the decision (the answer is sent in writing to the address of actual residence);
4. pick up the ID in person against signature.

Additionally, each region of Russia can establish its own additional benefits and compensation, for example, free travel on public transport. To clarify the list of benefits, you should contact the social protection department at your place of residence.

By Decree of the Government of the Russian Federation dated January 26, 2018 No. 74 “On approval of the indexation coefficient for payments, benefits and compensation in 2021,” payments to victims of radiation accidents were indexed. For 2021, the indexation coefficient is set at 1.025.

Latest changes in legislation

In May 2021, the Federal Law “On Amendments to Article 4 of the Law of the Russian Federation “On Social Protection of Citizens Exposed to Radiation Due to the Chernobyl Nuclear Power Plant Disaster” was adopted. According to the law, social support measures provided for children are provided to children regardless of their place of birth.

• for citizens living or working in the resettlement zone - for a maximum of 7 years;
• for citizens located in the residence zone with the right of resettlement - for a maximum of 5 years;
• for citizens located in an area with a preferential socio-economic status - for a maximum of 3 years.

In the event of the death of a citizen who suffered as a result of the events in Chernobyl, disabled members of his family have the right to count on pension payments for the loss of a breadwinner. The state defines such relatives as:

Types of pensions assigned to Chernobyl victims

Experts included part of the settlements in the Zlynkovsky, Gordeevsky, Klintsovsky, Krasnogorsky and Novozybkovsky districts of the Bryansk region as the resettlement zone. At the same time, part of the settlements of the Bryansk, Oryol, Tula and Kaluga regions is recognized as a residential zone with the right to resettle.

military personnel and those liable for military service called up for special training and involved in work related to the liquidation of the consequences of the Chernobyl disaster, regardless of the location and work performed, as well as commanding and rank-and-file personnel of internal affairs bodies, the State Fire Service, who served (are serving) in exclusion zone;

The consolidation of the NPF group into a single fund is justified by the reduction of economic costs: savings due to the elimination of duplicative functions, reduction in costs for risk management services, IT, advertising campaigns, membership fees to the SRO, etc. As a result, the number of NPFs from 2015 to the third quarter of 2021 decreased.

Pensions for Chernobyl victims in Russia in 2021

Citizens specified in subparagraphs 3, 5-10 of paragraph 1 of this article are assigned an old-age pension if they have at least five years of work experience, with a reduction in the age for old-age pension provided for by the Federal Law “On Insurance Pensions,” depending on the fact and duration of residence or work in the relevant zone of radioactive contamination in the manner prescribed by the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”

Firstly, what do you mean by the term “separate living space”? Secondly, not all Chernobyl NPP beneficiaries have the right to housing. Thirdly, if you are registered as needing housing at the time of resettlement or have the right to be recognized as such, then you will be provided with housing according to the provision standards, and not of equivalent value.

Retirement dates for Chernobyl victims and the amount of payments in 2020

5) regular comprehensive medical examination; 6) for women, the duration of maternity leave is established with payment of full earnings on a certificate of incapacity without taking into account length of service, regardless of the actual duration of prenatal leave: for normal childbirth - 140 calendar days (70 days before childbirth and 70 days after childbirth); for difficult childbirth - 156 calendar days (70 days before birth and 86 days after birth); at the birth of two or more children - 180 calendar days (70 days before birth and 110 days after birth); 7) free food for children under three years of age from the dairy kitchen (if it is not available, payment of monthly monetary compensation) according to prescriptions from the children's clinic (consultations) and free food for children in preschool institutions.

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What benefits are provided to Chernobyl survivors in Russia?

As for the annual paid leave, which, as we understand, you would like to use in its entirety, and not split into two parts of 14 days each, then living in the past in the Chernobyl zone does not play a role here.

State assistance to Chernobyl victims in 2021

In addition, compensation for harm and measures of social support for citizens evacuated from the exclusion zone and resettled (resettled) from the resettlement zone are listed in Article 17 of the Law of the Russian Federation of May 15, 1991 No. 1244-I other annual compensation for health improvement in the amount of 260.48 rubles (Resolution of the Government of the Russian Federation dated December 18, 2020 N 1411).

May 10, 2021 vektorurist 263

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For which categories of beneficiaries will the retirement age remain unchanged?

• alienation areas where residence is prohibited, only certain types of activities and limited use of natural resources are allowed;
• settlements in which medical measures are carried out to protect the population from the consequences of the Chernobyl accident;
• with the right to resettle. In these areas, continuous monitoring of radiation levels is carried out, the results of which are informed to the local population;
• with preferential economic status. The level of radiation in these regions is within normal limits, the livelihoods of the population are carried out through the implementation of special programs related to economic development and improvement of environmental indicators.

Determination of Chernobyl status

• extraordinary enrollment and admission to a local university;
• in the event of the loss of a breadwinner during the Chernobyl accident, disabled dependents are paid 20,000 rubles monthly;
• payment for the funeral of a father or mother who liquidated the consequences of the Chernobyl disaster, etc.

Tax benefits

Those who left the Chernobyl relocation zone on their own are considered to have left the Chernobyl relocation zone voluntarily. These places include areas with increased radiation, in the presence of which residents are not forcibly evicted from their permanent place of residence.

1. Land. Payment per plot is reduced if it is directly owned. The discount amount does not exceed 10,000 rubles.
2. Property. Beneficiaries in this category have the right not to pay contributions.
3. Transport. Taxes are not paid on one vehicle. If you own several vehicles, then full deductions are charged on them.
4. Deductions. Victims are entitled to deductions in the amount of 500 to 3,000 rubles, depending on the category

Privileges are provided to all citizens who have suffered from radiation. These include persons who lived in the territory adjacent to the Chernobyl nuclear power plant. As well as those injured during the accident who were injured or disabled due to radiation exposure. In addition, beneficiaries include persons who, having received radiation, traveled outside the territory of a man-made disaster.

Legislative regulation

Therefore, in the early 90s, the government decided to include in the list of beneficiaries people who lived in this territory and helped fight the consequences of the disaster. In 2021, benefits are also provided to Chernobyl victims, but you should know what documents are needed to confirm their status and what privileges victims are required to receive.

1. Registration for improvement of living conditions and allocation of premises.
2. Providing out-of-queue seats:
   in preschool educational institutions;
3. in nursing homes.
4. Allocation of health vouchers and more.

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Attention: a Chernobyl survivor must bring a copy of the certificate to the employer upon employment. In addition, the document should be attached to the card at the clinic.

Legislative regulation

Good afternoon. Recovery of moral damages can only occur by court decision. As judicial practice in recent years has shown, this category of cases cannot be considered due to the statute of limitations. However, there is a precedent when, after four years of litigation, the liquidator of the Chernobyl accident received compensation for moral damage of three thousand euros. True, he had to reach the European Court of Human Rights.

Providing and paying for additional leave

Hello Irina, in accordance with Art. 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant,” one of the benefits is compensation for the cost of paying for residential premises and utilities in the amount of 50 percent of the rent and ( or) payment for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the occupied total area of ​​residential premises of state and municipal housing funds and in privatized residential premises, respectively , including their family members living with them. If you live separately, this benefit does not apply to you.

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The popular protest against the benefits was practically led by regional officials and deputies, and then-governor Vladimir Gruzdev even said: “Chernobyl benefits are our Stalingrad, our modern Crimea on a regional scale, and we will stand for it to the end.” Thanks to everyone’s efforts - through the collection of tens of thousands of signatures from residents, appeals to various authorities, widespread coverage of the problem in the media, discussion of the issue at the highest level - “Chernobyl” benefits and payments in 2015 were not only preserved, but even indexed. Thus, the status of a preferential socio-economic zone is assigned to a number of territories of the Tula region until 2021 - the next deadline for the Government of the Russian Federation to revise the list of settlements with a preferential socio-economic status.