What payments are due to military personnel upon dismissal at the end of the contract in 2021?

Payments upon dismissal from the army for organizational purposes

Military personnel who terminate a contract with the RF Armed Forces due to organizational and staffing measures also have the right to receive a one-time cash payment.

This procedure is most often found in women's military units when they go on maternity leave. The amount of compensation also depends on length of service and varies from 10 to 20 salaries.

Thus, military personnel who ceased their official activities due to the end of their contract are entitled to receive financial payments. The size depends entirely on the length of service.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

What payments are due upon termination of service?

In 2021, upon dismissal, a serviceman can count on the following cash payments:

• one-time compensation;
• reward for conscientious performance of military duties;
• financial assistance;
• payments for persons recognized by a medical commission as unfit to perform official duties.

When concluding a contract, all men and women are provided with insurance that protects their health and life. If a soldier is injured, he has the right to receive insurance compensation. If a citizen died while serving, then payments are due to his spouse, children or parents.

What is required for a serviceman upon dismissal at the end of the contract?

who committed violations in financial, economic and business activities in the month for which the bonus was paid, which resulted in damage to the Armed Forces and were reflected in audit reports (checks of individual issues) of financial, economic and business activities.

When paying benefits to discharged military personnel, including military personnel assigned to non-military positions, salaries for the last full-time military position (official salaries) received by military personnel on the day of dismissal from military service and salaries according to military rank are taken into account.

One-time benefit payments

In the form of a bonus for good service, those who quit at their own request or due to age are entitled to a one-time cash payment. The amount of such payment depends on the number of years of continuous contract in the armed forces of the Russian Federation. Such compensation is also provided for military personnel transferred to the reserve. The amount of benefits for this category of military personnel depends on the rank. That is, the older the rank, the greater the cash payment.

List of required documents to receive benefits.

1. The most important document is an application from a serviceman with a request to pay him such compensation in monetary terms. The application must be made personally by the military man and in writing;
2. In addition to the application, women serving in the Russian Army must provide:

• children's birth certificates;
• a certificate stating that the second parent (if any) is not entitled to receive such a monetary payment.

Military personnel are entitled to bonuses for valiant service upon discharge

Dismissal from military service: retraining and payments at the end of the contract

Another salary is due to persons who have honorary titles and state awards. For conscientious attitude, contract workers are entitled to a bonus of three salaries. In case of violation of the rights of a military man, a citizen has the right to challenge such a decision within three months and receive all due compensation.

1. Collection of information and data about a citizen’s service, including confirmation of all periods of service and information about length of service. This information must be provided to the resigning person.
2. Conducting a conversation with the contractor, the main points of which are documented. All participants in the conversation put a personal signature on the document upon completion of the conversation. The document is attached to the personal file.

How to calculate payments?

According to the rules for leaving military personnel, the subsidy is indicated by a certain amount from the state. They can count on it:

1. Officers.
2. Contractors.
3. Conscript soldiers.
4. Persons called to training camps.

If we look at the issue in more detail, not everyone can receive money. For some, this privilege is not provided due to certain circumstances. This is usually a violation of the law and contract provisions.

Before settlement day, cases and positions are handed over and calculations are made. Funds depend on length of service and if a citizen served for less than 20 years, then he is entitled to two salaries. If more than twenty, then seven salaries.

If the defender of the homeland conscientiously fulfilled all duties, then he is given a bonus. It is calculated based on time worked. Determined by salary: from five to twenty-five percent for cadets and twenty-five for contract soldiers.

The bonus is accrued along with allowance for one calendar month. An exception may be cases when a citizen has been transferred to his custody or was on a business trip in a foreign country.

What payments are due to a military personnel upon dismissal?

Financial assistance is an annual payment, the amount of which is one salary of the monthly salary of an officer (or warrant officer). When a serviceman's contract is terminated, the order to exclude him from the unit indicates the amount and month of payment of financial assistance.

If this remuneration was not received by the military personnel in the year of dismissal, then this should be stated in the order.

The calculation of the amount to be paid is carried out on the basis of the salary for the position provided for by the state that the serviceman held at the time the dismissal order was issued, as well as the salary in accordance with the rank assigned to him. If, after dismissal, an officer (or warrant officer) expresses a desire to re-enter service, then upon subsequent termination of the contract, the lump sum benefit will be calculated based on the total length of military service, which must be calculated on the day of his last dismissal.

Types of payments

Bonus benefits are calculated based on salary. The amount of funds will depend on the category to which the military belongs:

1. For contract workers – up to twenty-five percent of the total rate for one month.
2. For students of military educational institutions from five to twenty-five percent, depending on academic performance and grades.
3. Payments to military personnel upon departure from combat service.

For military personnel, upon exception, cash benefits are provided. The calculation must be made in accordance with the law on monetary allowances.

One-time benefit

Provided types of subsidies

• One-time benefit upon exclusion from military service. For conscripts there are two salaries. An increased benefit is also provided for orphans without parents.
• At the end of the contract, payments are made to those who leave due to the expiration of the contract.
• The value depends on the time in service.
• Grants due to length of service.
• Award for conscientious and effective performance of job descriptions and duties.

The bonus is paid for the effective performance of duties, for contract military personnel in the amount of up to three monthly salaries per year.

For soldiers who served in the Russian Armed Forces, the bonus is accrued for less than a full month and is paid upon completion of all duties.

Incentives are calculated based on salary, position, and position. The amount depends on the quality and performance of duties.

Material aid

Financial assistance is a mandatory state subsidy specified in orders issued upon exclusion from the list of personnel upon dismissal. If assistance is not provided this year, then this fact is indicated in the order.

The amount of annual assistance does not exceed the average salary assigned for the existing rank and position. To accrue financial assistance, you need to submit a report to the commander with a request for accrual. After the order at the end of the year, funds will be credited.

1. A one-time benefit if a serviceman is declared unfit for service.
2. Two salaries if service lasted more than twenty years.
3. Seven salaries if the service lasted more than twenty years.
4. Having an award is plus one salary.

Basic concepts, legislation

There is conscription (forced) and contract service. The timing of the first is clearly regulated by law. This is the responsibility of citizens, so it does not provide almost any privileges (except for disability payments if this happened in the service and the like).

Basic laws on this issue: Federal Law No. 53 “On Military Duty...”, Federal Law No. 76 “On the Status of a Military Personnel” (Article 23), “Regulation on the Procedure for Passing...” No. 1237, Federal Law No. 306 “On Monetary Allowance...” , Orders No. 2700 “On the Procedure for Providing ...” and No. 100 “On the Organization ...” (Articles 22, 23, 25).

What monetary payments are due?

Federal Law No. 306 - FZ describes the conditions under which severance pay is calculated when military personnel retire. It should be immediately noted that payments are calculated according to various criteria. The length of service in the armed forces is of no small importance in this matter. Below we will set out in more detail what payments are due in the event of dismissal from military service.

One-time benefit

Federal Law No. 306-FZ establishes that all employees of the armed forces serving on a voluntary contract basis are awarded a lump sum benefit upon dismissal.
The amount in this case depends on military experience. For example, if a person has served for up to 20 years, he will receive a benefit in the amount of two salaries. The rank and position of the military man is also taken into account. Accordingly, the higher the rank, the larger the amount will be paid.

Payments in case of dismissal due to the age limit (in accordance with Article 49 of the Federal Law “On Military Duty and Military Service”) are due under the following conditions:

• if the serviceman has reached 45 years of age;
• the work experience is continuous and is at least 25 years;
• Half of the total length of service must be in the army.

In addition to the one-time benefit, upon dismissal due to age, the serviceman is also assigned a military pension.

Prize

For a conscientious attitude to duties, a serviceman may also receive a cash bonus (maximum 3-month salary).
The amount of the bonus directly depends on the success achieved in the performance of military duties. The law also provides that in the event of the death of a serviceman, funds are paid to members of his family.

To do this, relatives must provide documents (marriage certificate or birth certificate).

Material aid

Contract employees are entitled to payment of financial assistance annually. The amount cannot be less than one monthly salary. When a serviceman has not applied for it throughout the year, financial assistance is provided at the end of the calendar year simultaneously with a cash benefit or upon dismissal.

In the event of a military death, funds will be paid to the family upon presentation of the required documents. If several relatives apply for documents, the funds are divided between them proportionally.

Other

Another type of benefit is accrued if a serviceman is declared unfit for further service. If the state of health has deteriorated and a person cannot continue to perform military service, he receives the right to resign at his own request.

To do this, you must indicate the reason. Having a health report in hand, a military man can terminate his service early.

The employee is paid a one-time benefit (taking into account the existing length of service):

• for service less than 10 years : the benefit amount is 5 salaries;
• from 10 to 15 years : benefit amount - up to 10 salaries;
• from 15 to 20 years: 15 salaries are due;
• over 20 years: a benefit in the amount of 20 salaries is accrued.

Expert opinion

Irina Vasilyeva

Civil law expert

If the serviceman performs conscientious service upon dismissal for health reasons, the serviceman is paid a bonus in the amount of a month's salary. Another option is to receive financial assistance for treatment in an amount that does not exceed the salary.

What it is

The dismissal of a serviceman at the end of the contract is the termination of his duties to perform the functions provided for in the agreement. It consists of a number of activities (payment of benefits, activation of benefits).

You can break off a relationship before you retire. But the majority have as their goal to resign so that they can immediately receive a military pension - only in this case they use the largest amount of benefits due to them.

Military personnel are transferred to the reserve or retire (reaching the age limit, that is, a pension, or being declared unfit).

What to do if a serviceman is denied benefits upon dismissal?

You cannot be 100% sure that upon dismissal everything will go smoothly and the dismissed serviceman will receive all the payments due to him.

Payments can be refused on legal grounds, since the serviceman is not entitled to them, and on illegal grounds.

What to do if they refuse to make payments upon dismissal?

First of all, you need to find out the reasons for refusal of payments. After this, check according to the law whether the refusal of payments is justified. If the refusal to pay is not based on the law, then there is only one way out - to go to court to protect your rights.

To challenge the refusal of payments, a serviceman must apply to the garrison military court with an administrative claim to declare the decision to refuse payments illegal and restore your rights to the funds.

USEFUL : you can also file a complaint with the prosecutor's office for an inspection, watch the video with tips and order us to draw up a complaint

Grounds, procedure and benefits for dismissal of a military personnel at the end of the contract

• actions that give rise to loss of trust;
• non-compliance with the terms of the contract;
• violation of restrictions on engaging in certain activities (the list is in Federal Law No. 53);
• a sentence of imprisonment or probation for an intentional crime or negligence, as well as a ban by the court from holding certain military positions;
• expulsion from military educational organizations;
• termination of citizenship or acquisition of citizenship of a foreign state;
• gross disciplinary violation (list in clause 2 of article 28.5 of Federal Law No. 76). This may be considered a gross misconduct;
• a severe or ordinary reprimand if there has already been at least one disciplinary punishment;
• due to deprivation of military rank.

• the report is studied by management (submitted 1 month before dismissal);
• measures are taken to verify the reasons specified in the document: certification measures and a medical examination may be prescribed;
• if the decision is positive, the applicant is excluded from the personnel lists;
• the contract soldier receives a work permit;
• at the same time they carry out settlements with him on all issues of monetary allowance;
• draw up the necessary documents and submit them to the military commissariat at the place of registration;
• receiving the order and signing it;
• obtaining a work book;
• may request a 2-NDFL certificate to calculate pension payments.

This is important to know: Dismissal from service in the police department

Who is not entitled to severance payments?

Persons who served under a contract will not receive benefits paid upon dismissal, bonuses and financial assistance if:

• they left the armed forces, having lost their military rank;
• committed a crime for which they were sentenced to imprisonment, including when the sentence was suspended for intentional criminal acts (or negligence);
• cadets of military schools or higher educational institutions of a military profile were expelled for poor academic performance or violation of discipline;
• a court verdict has entered into legal force, according to which a serviceman is deprived of the right to hold military positions for a certain period of time;
• leaving the armed forces is associated with transferring to serve in other paramilitary bodies;
• the dismissed person has not fulfilled the terms of the contract;
• the basis for dismissal was refusal (or deprivation) of access to state secrets;
• did not stand the test;
• did not comply with restrictions, violated prohibitions regarding engaging in other paid activities, including entrepreneurship, or used funds or property of a military unit for personal purposes, did not fulfill duties and others specified in paragraph 7 of Art. 10, art. 27.1 Federal Law No. 76;
• violated the requirements for serving in the FSB, state security;
• have lost trust (in the cases provided for in clauses “d.1”, “d.2”, clause 1, article 51 of Federal Law No. 53);
• did not undergo examinations in accordance with the established procedure to detect narcotic drugs and psychotropic substances in the body;
• committed administrative offenses related to the use of psychotropic substances without a doctor’s prescription.

Early dismissal of a contract employee

Separately, in Federal Law No. 53, Part 2, Art. 51 provides grounds for the dismissal of contract employees from their positions.

Some of them are the same as those listed above, so in order not to repeat ourselves, we list those not described above:

• transfer to internal affairs agencies, the National Guard, fire departments, penal authorities or customs;
• refusal or deprivation of access to state secrets;
• failure to pass the test;
• in connection with violation of special requirements while working in the FSB, state security;
• transfer to a state federal job;
• failure to undergo examinations for the presence of psychotropic or narcotic substances, their metabolites in the body, as well as committing an administrative violation related to them or other potentially dangerous psychoactive substances, unless prescribed by a doctor.

How is property divided during a divorce if the owner is the wife? Find it at the link.

What regulations govern the payment of benefits upon dismissal?

Cash benefits are established on the basis of Federal Law No. 306-FZ of November 7, 2011.

Article two of Law No. 306 states mandatory accruals and payments of social compensation in accordance with certain factors:

• cash benefits are accrued only to those persons whose service was under contract;
• a one-time benefit is accrued only in the event of dismissal (not related to a court decision or imprisonment).

Excerpt from Article 2 of Federal Law No. 306

Attention! If a serviceman has served for at least twenty years, then the payment amount will be two salaries, if more than twenty years - from seven salaries according to the staffing table.

The greatest dependence of the amount of financial compensation on the soldier’s earnings. The minimum wage for a simple private in the Russian Army is 15,000 rubles. For example, after dismissal, such a private may qualify for compensation in the amount of 30,000 rubles.

Reasons such as family circumstances and loss of trust

Let's decipher these reasons in more detail with a table:

When can a soldier retire?

Section 7 of Law No. 53-FZ lists the reasons why a military man can leave service at his own request or due to circumstances beyond his control:

• reaching the maximum retirement age - for men, depending on rank, it varies from 45 to 65 years (but on a personal basis it can be extended to 70 years), for women, regardless of position - 45 years;
• the period of fulfillment of duties under a contract or conscription has expired;
• the presence of any disease due to which the medical commission decided that the person cannot be involved in military duties;
• carrying out organizational and staffing activities;
• systematic or significant violations of contractual terms;
• family circumstances (their list is strictly regulated in clause “c”, part 3, article 51 of Federal Law No. 53).

If the circumstances listed above contributed to dismissal from military service, then the citizen has the right to receive monetary compensation. However, there are reasons for removal from office for which a person is deprived of this privilege:

• deprivation of military rank;
• a student at a military university was expelled due to disciplinary violations or due to poor academic performance;
• committing a crime for which the court found the military man guilty and imposed a suspended sentence or actual imprisonment;
• failure to pass the test to renew a military contract;
• evasion of contractual obligations;
• loss of trust (for example, if a person is seen in corrupt transactions);
• engaging in commercial activities, concealing additional income;
• denial of access to government secret;
• refusal to undergo tests to identify traces of narcotic, psychotropic, and toxic substances in a citizen’s body;
• convicting a serviceman of taking psychotropic, narcotic, toxic substances;
• transfer to other law enforcement agencies (Ministry of Internal Affairs, National Guard, Ministry of Emergency Situations, customs, fire service, Federal Penitentiary Service) - here the citizen will receive benefits only after his final departure from service in law enforcement or military agencies.

Also, a serviceman can submit a report for dismissal due to individual valid reasons that are not listed in the law, but objectively interfere with his performance of contractual duties.

The procedure for dismissal of military personnel at the end of the contract

The serviceman continues to serve until he is removed from the lists. A military employee cannot leave his job, even if the end date of legal relations with the employer has arrived. Unauthorized absence will be regarded as leaving the place of duty with subsequent disciplinary action.

1. Collect all data on service, request documentary evidence of all periods of service in the armed forces, and calculate length of service. Communicate the result obtained to the person being dismissed, find out whether there will be any objections regarding the calculated periods of service, and make a decision if justified objections are received.
2. The commander conducts a conversation, the main points of which are reflected on the conversation sheet. The parties participating in this event sign the sheet. He joins his personal file.

What is a serviceman entitled to upon dismissal at the end of his contract?

As a general rule, the deadline for the end of military service of a soldier serving under a contract, that is, the day the contract expires and the day of exclusion from the lists of personnel of a military unit, must coincide. For these purposes, the Regulation obliges the commander to make a decision on concluding a new contract for military service or refusing to conclude it no later than three months before the expiration of the current contract (clause

6 tbsp. 34 of the Federal Law “On Military Duty and Military Service”, paragraph.

8 tbsp. 9 Regulations).

The law establishes a three-month period for the command to fulfill the obligations of carrying out all necessary activities with the military personnel (conducting interviews, calculating length of service, passing the military military examination, etc.) in order to fulfill the requirements of the Law on the timely removal of a discharged serviceman from the lists of personnel of a military unit on the very day

​ According to the Federal Law of the Russian Federation dated November 7, 2011 N 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them” and Order of the Ministry of Defense of the Russian Federation No. 2700 dated December 30, 2011

“On approval of the Procedure for providing monetary allowances”: Upon dismissal from military service, military personnel who served under a contract are paid a one-time allowance (hereinafter in this section - the allowance) in the following amounts: - with a total duration of military service of less than 20 years - two cash salaries content

The concept of a contract and its duration

In accordance with Art.
32 of the Federal Law “On Military Duty and Military Service”, a contract is understood as an agreement concluded between a citizen and the state. The first party can be a person who has any citizenship, not only Russian. The Ministry of Defense, an executive authority or another unit in which military service is legally established can act on behalf of the state. The terms of the contract are service in various military formations or units, performance of functions assigned to the citizen, and special requirements. The document must indicate the voluntary nature of entering the service, conditions, and validity periods. The first contract is concluded for the following terms:

1. For a citizen of the Russian Federation entering the position of soldier, sailor, sergeant major or sergeant - at the citizen’s choice from 2 to 3 years.
2. For a foreigner applying for the above-mentioned titles – 5 years.
3. When appointed to the military rank of warrant officer, midshipman, officer - 5 years.
4. In the event that a citizen is studying at a military educational institution - for the period specified in the program and 3-5 years after graduation.
5. In case of an emergency for up to a year.

Subsequent contracts may be for a period of 10 years. Please note that all specified periods are limits and, at the request of the citizen, they can be reduced.

The procedure for dismissal from the RF Armed Forces

Expert opinion

Grigoriev Pavel Kirillovich

Head of the department for conscription of citizens for military service of the Russian Federation

Federal Law No. 53 of March 28, 1998 provides for the procedure for dismissal from military service at the end of the contract, the reasons for this are specified in Article 51:

• reaching the service age limit;
• expiration of the contract;
• recognition as limitedly fit for military service or unfit for this;
• deprivation of military rank;
• loss of trust;
• deprivation of liberty or the right to occupy certain positions on the basis of a court decision;
• election to legislative bodies as a deputy;
• termination of Russian citizenship.

The law does not allow foreigners to serve in the RF Armed Forces. However, dual citizenship is not considered grounds for dismissal. But its presence may prevent the continuation of work in individual military units.

It is possible to dismiss a serviceman early, based on the provisions of Article 51 of Federal Law No. 53. There is a list of reasons why the contract may be terminated.

The process of dismissal from service is quite simple; in short, it boils down to the following:

• writing a report;
• collection of necessary documents by the unit commander or other responsible employee;
• conducting an interview with a candidate for dismissal;
• provision of documents confirming the exclusion from the personnel of a specific military unit.

Dismissal is not always associated with termination of military service. Sometimes it is impossible to transfer a citizen from one unit to another. For example, if it belongs to a different branch of the military. Thus, you must first dismiss, and then submit documents to the military registration and enlistment office to sign a new contract.

To do this, you will need a passport and military ID. A reference from a previous place of service can speed up the process of signing a new contract.

Unit command actions

It is necessary to provide procedural rules for the dismissal of a military personnel at the end of the contract. If everything is not done properly, the decision can be appealed in court. Then the serviceman must be reinstated and paid the money due under the contract.

1. collect data on service, calculate length of service and familiarize the serviceman with the data to clarify whether there will be any objections. It is worth paying close attention to the calculation of length of service, since service in some troops is considered 1:1.5 or 1:2. More on this below;
2. conduct a conversation with the serviceman and write down its main points. The data is signed by both parties.

If the unit commander wants to extend the contract, he must notify of his decision three months before the expiration of the current one. Dismissal of a female military personnel is not permitted during pregnancy or while on maternity leave. The contract is automatically extended for the period of incapacity until the child is 1.5 years old.

When serving in the Navy and strategic forces, 1 day goes by 1.5, but only while on combat duty. While in hot spots, military experience is counted double. That is, one day counts as two.

Actions of a serviceman

A serviceman who is about to resign must perform several actions:

1. write a resignation letter addressed to the unit commander;
2. obtain documents confirming exclusion from the workforce.

Payments to military personnel due to dismissal and retirement. How much salary is paid?

Severance pay is determined by rank and age. If the length of service is less than twenty years, then two salaries are awarded, if more than twenty, then seven. If there are awards, then one salary is added to the amount. If the citizen is an orphan, then five more.

Legitimate reasons for dismissal:

• Upon reaching the age limit for service.
• Upon reaching the end of the conscription and contract period.
• For health reasons or due to a serious illness.
• Due to the end of citizenship of the Russian Federation, serving under a contract or conscription.
• In connection with the acquisition of citizenship of a foreign state.
• Due to loss of military rank.
• Entry into force of a court verdict on the loss of the employee’s right to hold a position for a certain time.
• Due to the termination of service during the period of its suspension.

Sample report writing

The report is drawn up in free form, but sometimes management provides forms.

The document should contain the following:

• Full name and rank of unit commander;
• Full name and rank of the serviceman;
• request to be excluded from the workforce at your own request;
• date and signature.

Only after signing the report and providing a complete package of documents is the serviceman considered dismissed. He cannot leave the place of duty after the end of the contract if he does not have the appropriate permission in his hands.