How employers can work with the Social Fund from January 4: new rules

Since 04.01.2024, the procedure for interaction of policyholders (employers and customers) with the insurer (SFR) has been updated in relation to information exchange on payments to insured persons (employees and performers under civil law contracts). Decree of the Government of the Russian Federation dated 11/23/2021 No. 2010 approved the Rules for obtaining information and documentation by the insurer for calculating sick leave, assigning one-time and monthly child benefits. Additions and adjustments to the previously existing regulations were made by Decree of the Government of the Russian Federation No. 2312 dated 12/26/2023.

According to the review of the changes, the interaction scheme has been simplified for policyholders, whose functions are performed by employers who have concluded employment contracts with employees and customers who have drawn up civil law agreements with performers.

Reduction of the list of requests from the SFR

The policyholder should not provide information about the salary and equivalent payments required to calculate the average earnings when calculating social benefits to the insurer. The direction of requests from the SFR to employers regarding (subp. a and b, paragraphs 22, paragraph 36 of the Rules in the updated version):

  • accrued salary and other employee benefits;
  • periods excluded from the calculation when calculating average daily earnings for calculating benefits.

The insurer must independently collect the necessary information by processing the personalized accounting information listed in the mandatory pension and social insurance systems (clause 13 of the Rules). The Policyholder is not responsible for submitting data for calculation due to cancellation.

Changing the order of recalculation of benefits

Prior to making changes, in order to recalculate the amount of the benefit, the employer had to provide information to the fund on the basis of an application from the insured person and salary certificates. According to the innovations, the insurer recalculates the benefit only if the updated information about earnings is received from the tax authority and reflected in the personalized accounting system. The SFR simultaneously informs (clause 13 of the Rules):

  • insured persons on the updated amount of benefits;
  • policyholders on updated information on remuneration for work.

The employer’s role in informing the SFR was transferred to the Federal Tax Service, which controls the correctness of the reflection of information in the system, and then to the fund, which informs the policyholder and the insured person through a personal account on a single portal.

Information for payment of the first three days of disability from the SFR

In accordance with the changes, the procedure for submitting information to the policyholder for the payment of benefits for the first three days of temporary disability (in case of illness of the employee himself), funded by his own sources, has been updated (paragraph 1, part 2, Article 3 of Law No. 255-FZ of December 29, 2006). Along with information about the salary, the SFR informs the policyholder about the number of calendar days excluded from the billing period falling at the time of suspension of the employment contract of persons:

  • conscripted or contracted for military service or assisting in solving tasks assigned to the domestic Armed Forces (Article 351.7 of the Labor Code of the Russian Federation);
  • civil servants mobilized for military duty, including contractors (Article 53.1 of Law No. 78-FZ of 07/27/2004).

Three banking days are allotted for the transfer of data to the insurer from the moment of closing the electronic sick leave (clause 23.2 of the Rules).

Exchange of information for the assignment of benefits for the birth of children

On the basis of the registry Office register, a one-time allowance for the birth of a child continues to be paid in an undeclared manner (paragraph 26 of the Rules). In the absence of information in the SFR, the insured person has the right to apply for payment to the employer or the customer who has concluded a civil contract (clause 32.2 of the Rules).

To receive the benefit due to an employee or contractor, the following set of documents must be submitted to the policyholder (paragraph 28 of the Procedure approved by Order of the Ministry of Labor of the Russian Federation No. 668n dated 09/29/2020):

  • application for the appointment and payment of a one-time allowance;
  • a certificate from the registry office on the birth of a child or children;
  • information from the employer of the second parent about non-payment of benefits due to the possibility of choosing a recipient;
  • divorce certificate (upon dissolution of marriage);
  • data on the cohabitation of a child with one of the parents in Russia (upon divorce of spouses).

The policyholder must send the submitted information to the insurer (SFR at the place of registration) within three days from the date of the insured person’s request.

Sending requests to the FIU about the start date of parental leave

The Fund may send a request about the start date of the actual use of the vacation period intended for child care, since the closure of maternity leave does not automatically mean going on parental leave.

The response period will be specified in the request, but it cannot be less than three working days from the date of receipt of information from the insurer (clause 36 of the Rules).

Format for submitting information about the insured person

The employee or contractor (the insured person) submits information to the employer or the customer under the GPH agreement (the policyholder) necessary for calculating benefits.

Instead of filling out a unified form, the submitted data must comply with the form approved by the foundation (clause 6 of the Rules).

The deadline for informing the foundation about the detected error in the hospital

If errors are found by the medical organization that opened the temporary disability certificate, the SFR is obliged to inform the medical institution within five days from the moment of detection (paragraph 11 of the Rules).

Before the changes were made, the “starting point” was considered to be the closing date of the sick leave. The amendment makes it possible to cancel inaccuracies without waiting for the end of the illness, which will make it possible to receive the payments due to the insured person in a timely manner.

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