Question: I granted a pension in connection with raising a disabled child. On reaching the age of 55 years old I will be entitled to a retirement pension. Whether in this case the husband the right to early retirement and from what time?
In article 28 of the law "on labour pensions in the Russian Federation found that pension assigned ahead of one of the parents of disabled children, vospitavšemu them until the age of 8 years.
The Constitutional Court of the RUSSIAN FEDERATION in the definition from 03.11.2009 # 1365-about-about concluded that legislation does not bind the right to early appointment of old-age pension of one parent of a child with a disability since childhood with the consent of the other parent.
In case of realization of one of the parents the right to early retirement, the second parent is deprived of such a possibility. Employment pension may be appointed him to prematurely due to termination of employment pension payments to the other parent in the event of his death or another type of pension.
According to art. 19 of the law "on labour pensions in the Russian Federation", employment pension shall be granted from the date of the pension, but not earlier than the date of occurrence of the law.
Day treatment for labor pension shall be the day of admission body responsible for pensions, relevant application and the necessary documents confirming the right of the applicant. In this case, the father of a child with a disability will be eligible for the early appointment of a pension from the date of submission of the application, but not earlier than the day on which entitlement to early retirement, assigned to the child's mother.
I take this opportunity, once again, I wish to draw the attention of readers that in the management of the advance work is carried out with persons leaving to retire soon. This work is being carried out for 6-8 months before the pension rights, including early.
I want to just note that on all issues regarding the seniority with difficult working conditions and in unhealthy conditions can apply to Pension Fund Management 103 Cabinet where each applicant will receive the qualified consultation. Here, in the Cabinet Office specialists will hold 103 proactive work on each claimant, the claim to a pension as on common conditions, idosročnoj. As a rule, persons applying for appointment of anticipatory pension reveal to conduct proactive is very difficult, therefore, appeal to all who claim to it — please contact the Office where you will receive the qualified answer about your right to a pension, as well as in case of need, the professionals will assist in obtaining the necessary documents for a pension, to shorten the time a pension upon confirmation on it.