Екатерина Чернявская
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Правительство РФ предлагает закрепить за такими судьями право на получение ежемесячного содержания по инвалидности до приобретения ими права на выплату ежемесячного пожизненного содержания, либо на страховую пенсию по инвалидности1. Ожидается, что размер ежемесячного содержания будет устанавливаться в процентах от суммы ежемесячного денежного вознаграждения с учетом группы инвалидности и стажа работы в должности судьи:
инвалидам I и II групп в размере 3% за каждый полный год стажа в качестве судьи; инвалидам III группы – 2%.
Такое содержание предполагается выплачивать в течение периода, на который установлена инвалидность, но не более чем до реализации судьей права на получение ежемесячного пожизненного содержания. При этом, согласно законопроекту гражданину будет предоставляться возможность выбрать учет в страховой стаж для назначения трудовой пенсии по старости (инвалидности), либо в выслугу лет (стаж работы) для назначения специального вида пенсионного обеспечения (пожизненного содержания судьи). Планируется, что по достижении пенсионного возраста судья сможет отказаться от страховой пенсии в пользу соответствующего пожизненного содержания.
Ожидается, что в случае принятия федеральный закон вступит в силу со дня его официального опубликования.
Отметим, что Правительство РФ разработало указанный документ во исполнение решения Конституционного Суда Российской Федерации, согласно которому механизм социального обеспечения судей должен предусматривать такой случай, как наступление инвалидности, не позволяющей продолжить исполнение полномочий, по причинам, не связанным со служебной деятельностью (Постановление КС РФ от 19 февраля 2018 г. № 9-П). Такой вывод был сделан на основании обращения судьи, который стал инвалидом I группы и больше не мог по состоянию здоровья осуществлять свои полномочия. Ему было выплачено выходное пособие с учетом 10 лет стажа работы в должности судьи, однако заявитель получил отказ в ежемесячном пожизненном содержании из-за отсутствия необходимого стажа работы. Вместо этогобывший судья стал получать страховую пенсию по инвалидности в размере 14 475,27 руб. плюс ежемесячная денежная выплата в размере 2162 руб. (п. 1 ч. 2 ст. 28.1 Федерального закона от 24 ноября 1995 г. № 181-ФЗ «О социальной защите инвалидов в Российской Федерации»).
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1 С текстом законопроекта № 534181-7 «О внесении изменений в отдельные законодательные акты Российской Федерации по вопросам материального обеспечения судей, пребывающих в отставке, и пенсионного обеспечения отдельных категорий граждан» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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