Dismissal of a serviceman for health reasons: payments

Key Aspects

Any citizen in good health can become a professional military man. However, harsh conditions, exposure to harmful environmental factors, and constant physical activity have a destructive effect on the strongest organism.

Each soldier performs duties for a certain period of time. This period is called service life. The reasons for allowing dismissal from the Armed Forces of the Russian Federation are established by law.

Depending on the reason, termination of army activities is possible on the following grounds:

unconditional dismissal (reaching the age limit);
resignation;
going to reserve;
by court decision (conviction).

All officers and soldiers serving under contract have the right to leave the army at any time voluntarily or due to deteriorating health.
The problem of retirement (retirement) or transfer arises only with the development of an acute chronic disease. The main criterion for retirement is suitability for military service at any stage. Various health conditions can cause early termination of a contract.

Dismissal from military service for health reasons with payment of compensation has a number of features.

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What should be in the specification and in other documents?

Documents required for a military personnel upon dismissal from military service due to health reasons:

Service characteristics. The document must indicate:
- information about the impact of a soldier’s health on his performance of military service duties in his position;

The service description is signed by the commander of the military unit.

Referral for examination. Indicated:
part number;
Full Name;
year of birth;
month and year of conscription or entry into military service under a contract;
purposes of examination and preliminary diagnosis.
Medical characteristics. The document notes:
- results of a medical examination of the soldier’s health status;
the number of lost working days over the past 2 years associated with health status.

The information specified in the medical characteristics must be confirmed by data from the medical record book and other medical documents.

Certificate of injury received during military service. The injury certificate describes the circumstances of the injury to the military personnel, and whether the injury is related or not related to the performance of military service duties.
Dismissal report. Noted:
contract identification data;
reasons for writing a resignation letter;
provides links to legislative and regulatory acts;
list of documents confirming the reason for dismissal;
a petition to send a personal file at the place of residence to the military registration and enlistment office;
application for housing;
documents on the ownership of residential premises or information about the absence thereof.

List of diseases

When making a decision to dismiss a military personnel for health reasons, the list of diseases according to the International Classification of Diseases (ICD) includes:

Diseases of the heart and blood vessels (pressure changes).
Diseases of the nervous system that cause dysfunction of the limbs.
Problems of the musculoskeletal system that limit movement.
Acute inflammation of the lower respiratory organs.
Psychosomatic disorders (including mental disorders).
Detected tuberculosis.
Skin diseases.
HIV infection.
Venereal diseases.

The military legislation of the Russian Federation stipulates that medical examinations of soldiers and officers are carried out by special military medical commissions.

Based on the results of the examination, the commission issues a conclusion, on the basis of which monetary compensation is paid upon dismissal.

Procedure: how to resign from the army for a military man serving under a contract?

The commission procedure is based on Federal Law No. 53-FZ, Art. 51. Dismissal procedure:

Examination in a military hospital to obtain a certificate from a military medical commission based on information about the course of the disease.
Drawing up an appropriate protocol if further military service is impossible.
Drawing up a report by the military personnel and submitting it to the commander of the military unit.
Conducting a personal conversation between the commander and the serviceman.
Issuance of an order from the commander of a military unit on termination of service.

A soldier serving under a contract is discharged for health reasons in the same way as citizens serving in conscription.

For contract employees, clauses on dismissal at the end of the contract and due to non-compliance with the terms of the contract may be useful. We also recommend that military personnel read about dismissal due to general military training, due to loss of confidence and for family reasons.

Where to go

All military personnel are required to periodically undergo a complete medical examination.

A medical examination is carried out in the following cases:

before signing a contract;
at regular examination to confirm satisfactory health;
when complaining about a disease;

upon receipt of injuries and injuries;
in case of a sharp deterioration in the health of a serviceman against the background of the development of a chronic disease.

If deviations are detected, the fighter is sent for inpatient treatment to a hospital.

After undergoing treatment, a medical commission evaluates the condition of the officer or soldier and issues a conclusion on his fitness for military duties.

Legislative basis

Legal regulation in the field of military service is carried out through the following regulations:

Federal Law “On Military Duty and Military Service” (reflects the procedure for admission, passage and discharge from the army).
Federal Law “On the Status of Military Personnel” (establishes the rights to use social benefits and the amount of a one-time benefit).
Federal Law “On monetary allowances for military personnel and provision of individual payments to them” (determines payments to those resigning due to illness).
Decrees of the President of the Russian Federation (on the right to receive housing certificates, on the choice of grounds for termination of a contract by the military).

If a serviceman dies as a result of injuries received or due to deterioration of health caused by professional activity, the state guarantees social benefits and pays benefits to his family.

What diseases can cause

The regulation on military medical examination, approved by the Decree of the Government of the Russian Federation, establishes an exhaustive list of diseases that entail dismissal due to illness for a military personnel.
The list of diseases according to the ICD that are reasons for dismissal includes:

tuberculosis;
diseases of the cardiovascular system;
blood diseases;
oncology;
positive HIV status;
endocrine system disorders;
severe forms of rheumatism;
epilepsy;
mental disorders;
chronic skin diseases;
deafness and blindness.

Each type of disease on the list can cause temporary suspension from service or permanent termination of the contract. If an exacerbation of the disease is caused by alcoholism, the serviceman is deprived of the right to dismissal while maintaining military benefits.

Conditions for removal:

An officer or soldier is subject to regular exacerbations of the disease.
The doctor notes a high degree of destruction of body functions.
A chronic disease requires treatment more than 3 times a year.
A person holding a military position is on sick leave for more than 4 months a year.

Military legislation clarifies that the dismissal of a serviceman due to health problems is his right, not his obligation.

Dismissal of a serviceman due to illness

The reason for the dismissal of a serviceman for health reasons can be either a gradually developing disease, which ultimately prevents him from fully performing his official duties or makes it impossible to perform them in his position, or an injury. In the latter case, the nature of the injury is significant only in terms of determining the level of benefits and compensation.

It should be taken into account that the basis for dismissal with the right to receive benefits and compensation from the state is any damage to health, established by a military medical examination, suffered by a military personnel during the period of service. That is, they can include both a domestic injury and one received during the performance of official duties. Being wounded or injured while in combat is the most critical and guarantees the highest level of compensation and benefits in the event of separation.

Dismissal due to illness of a serviceman is carried out on the basis of a medical examination, which is carried out by a special military medical commission (MMC). In this case, the subject, depending on his state of health, is assigned in this case one of the following fitness categories, indicating it on the military ID:

“B”—limitedly fit for military service (dismissed with enlistment in the reserve);
“D” - not fit for military service (exempt from military duty, not subject to military registration).

With regard to various categories of military personnel, depending on whether they serve by conscription or under contract, as well as on their existing military ranks, Russian legislation provides for features related to the possibility of resigning and the mandatory nature of this procedure. With fitness category “D” it will not be possible to continue service under any circumstances; in this case, a so-called “commission” follows on medical grounds with the establishment of the appropriate disability group.

With the assignment of fitness category “B”, it is mandatory to commission conscripts, as well as contract soldiers in the ranks of soldiers (sailors) and sergeants (foremen). For officers and warrant officers (midshipmen), recognition of their limited fitness for military service does not deprive them of the right to continue to serve in positions that allow them to perform general, official and special duties corresponding to their health status. But in any case, they retain the right to resign for medical reasons, including early.

Determination of the degree of suitability

All persons (conscripts, contract soldiers, professional military personnel) undergo a medical examination before entering military service. A commission consisting of specialists from various fields assigns a degree of suitability to each candidate.

The following categories of suitability are legally established:

A – it is possible to serve in troops of any kind;
B – military service is possible under certain conditions;
B – limited suitability;
D – military duties are temporarily unavailable;
D – further service in the armed forces of the Russian Federation is not allowed.

Candidates for officer positions are subject to increased mental health requirements.
The assignment of categories is influenced by illness and injury. Having category A, a serviceman does not have the right to retire early for health reasons. Dismissal of a serviceman for health reasons (category D) means unconditional dismissal from the army.

What are the reasons for refusing payments?

Every soldier must remember that not in all cases of dismissal he will receive unconditional compensation payments and benefits. They do not apply to military personnel if:

They were deprived of military rank and rank;
There were violations of contract terms;
A sentence of imprisonment was imposed by court order;
Whether the crime was committed intentionally or not;
Access to military secrets was denied;
Transferred to serve in the security forces under the Ministry of Internal Affairs;
Lost the trust of the administration and colleagues.

If a serviceman is given a refusal to assign and pay due social and other compensatory preferences, he has the right to appeal such a decision in court.

Dismissal mechanism

If health problems interfere with the full performance of official duties, an employee of the armed forces has the right to terminate his service. Unlike workers in civilian areas, a military personnel must justify his dismissal by presenting evidence of the impossibility of being in the army for health reasons.

The dismissal procedure consists of several stages:

Inpatient (less often outpatient) treatment and examination for professional suitability.
Issuing a conclusion based on the information reflected in the medical history.
Drawing up a special protocol in case of unsuitability for further service.
Submitting a report on dismissal due to health problems.
Preparation of documents on dismissal from office.
Termination of the contract with a note about the reason for the termination.

The law stipulates that a citizen can leave the ranks of the armed forces only at his own request. While an employee is undergoing long-term hospital treatment, his dismissal is prohibited.

If an employee was absent upon dismissal

There are situations when an employee is dismissed in his absence. Urgent entry into the army deprives the conscript of free time to resign. Some of them purposefully do not begin this procedure in order to regain their jobs after the army.

By the way! The manager has the right to dismiss a young man who is in military service, but on the same basis as with the employee’s personal statement.

When drawing up an order, you must indicate that the document is drawn up unilaterally. After this, you need to enter the corresponding text in the work book, which must be kept in the company’s archives until the age of 75. It must be issued upon request of the employee.

In addition, the employer can send the book by mail at the request of the employee or personally to the employee’s close relatives, for example, to the spouse or parents, by proxy.

Rules for writing a report

The report plays an important role in the process of leaving military service, so it must be drawn up as competently as possible.
A specific sample application is not fixed at the legislative level. The application is written in any form, but subject to certain requirements. The report must include the following information:

last name, first name, patronymic, rank of commander to whom the appeal is addressed;
name of the document (dismissal report);
personal data of a serviceman who wishes to leave the armed forces (rank, surname, first name, patronymic, position, date and contract number);
reasons (presence of a disease that prevents service);
list of supporting documents (certificates, extracts, conclusions);
reference to regulations establishing the right to dismissal due to health problems;
a petition to transfer a personal file to the military commissariat at the place of future residence;
information about the availability (absence) of housing (the fact of the need to obtain a mortgage loan is also reflected in the report);
date and signature (signature decoding includes position and title in addition to full name).

If the unit commander agrees with the subordinate’s decision to terminate the contract early, a personal conversation with the candidate for dismissal must be held.

During the conversation, the official is obliged to:

Inform the employee about the period during which the dismissal will take place.
Inform about the benefits granted to a citizen when registering for retirement or reserve service.
Determine the department of the military commissariat for registering the reserve.
Receive information about your place of residence after termination of the contract.
Find out if the serviceman has any additional requests.

The content of the conversation is drawn up on a special sheet, which is added to the personal file of the dismissed soldier.

The procedure for applying for benefits and receiving payments

To obtain the right to preferential benefits and compensation, a military personnel must undergo a procedure confirming the state of his health. The military medical commission conducts a full examination of the patient and studies the results of regular medical examinations of previous years. The examination also includes a psychological assessment of the patient’s condition. Based on the above factors, a verdict is made: is the serviceman fit for further military service?

The results of medical research are transmitted to the place of service, and if his condition is recognized as not meeting the requirements for continued service, the soldier draws up a report for dismissal. Mandatory report details:

Full name of the applicant, title and position (if any, then the contract number and the date of its signing);
The essence of the appeal (indicating the reason, confirming everything with certificates from a medical expert commission);
List the attached documents that confirm the physical condition of the serviceman;
The number and location of the military commissariat where the applicant is supposedly assigned;
Probable residential address.

The document is certified by a signature and the date of drawing up the report is indicated. Having considered the subordinate’s appeal, the command specifies the date when the applicant is obliged to resign. Also, when signing the report, you must indicate:

If the applicant is able to continue serving, offer alternative positions;
List in detail the benefits that the applicant will be able to use in the future.
In addition, a serviceman has the right to receive a military pension if he has the necessary length of service.

Payments upon dismissal of a military personnel for health reasons

One-time payments to military personnel upon dismissal for health reasons include:

one-time benefit;
compensation due to loss of health.

The size of the lump sum benefit directly depends on the serviceman’s length of service. With a service period of twenty years or more, the amount of payments ranges from 7 to 15 salaries. In all other cases, when leaving the army, a citizen will receive only 2 to 5 salaries.

Upon dismissal without pension accruals, the former employee of the armed forces continues to receive salary payments for a calendar year.

Also upon retirement, military personnel are entitled to:

Salary for the last month of service.
Compensation for property.
Award for performance of official duties.
Payment for unused vacation days.

If an employee of the armed forces has alimony obligations, then the full amount of payments will be transferred to the benefit of the recipient.

Category D

Group D is assigned to military personnel who have been diagnosed with serious illnesses that do not allow them to perform their duties. Simultaneously with the assignment of the status of complete unfitness, the corresponding disability groups can be issued. The amount of compensation is calculated individually for each case.

Group B

Category B does not require unconditional dismissal from the army, but limits the range of official duties of the employee. Compensation when determining limited fitness is due only in the event of loss of health during service through no fault of the soldier. Insurance payments are made if there is insurance.

Dismissal due to health: payments, compensation, benefits

A serviceman dismissed for health reasons enjoys all the benefits established upon dismissal from military service on general grounds: to the reserve (retirement) based on length of service or upon expiration of the contract. Such dismissal does not entail any negative consequences for future work activity if the chosen specialty allows for the presence of a disease that caused the dismissal.

Upon dismissal, a military personnel has the right to continuous work experience, which includes the time of military service. He also has the right to undergo free professional retraining for 3 months in one of the civilian specialties.

Military personnel discharged for health reasons are entitled to receive a disability pension. To do this, it is necessary to go through the procedure for obtaining a disability group at ITU in the manner prescribed by law. A pension is granted if illness or injury was received during service or no later than three months after dismissal. An application for a pension is submitted to the Pension Fund. Payments will be accrued from the moment the disability group is received.

Payments to a military personnel discharged for health reasons

Payments due to a serviceman upon dismissal for health reasons are determined by Part 3 of Article 3 of Federal Law No. 306-FZ dated 07.11.2011 “On monetary allowances for military personnel and provision of individual payments to them”, as well as by Order of the Minister of Defense of the Russian Federation dated 06.12.2019 No. 727 “ “On determining the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation and providing them and members of their families with separate payments.” For all contract military personnel, they include a one-time allowance upon dismissal from the Armed Forces of the Russian Federation, which, based on the total duration of military service, amounts to:

less than 20 years - 2 salaries;
20 years or more - 7 salaries.

This allowance is increased by one salary for those who were awarded state awards and honorary titles (USSR and/or Russian Federation) during military service.

In addition, Law No. 306-FZ establishes the following annually indexed lump sum payments (as of January 1, 2021):

in case of death of a serviceman - 4,281,438.53 rubles;
in connection with a contract serviceman being declared unfit for military service due to a military injury - RUB 2,854,292.35;
in connection with a conscript being declared unfit for military service due to a military injury, as well as a citizen called up for military training - 1,427,146.18 rubles.

In accordance with Part 13 of Article 3 of Law No. 306-FZ, if a serviceman is determined to be disabled due to a military injury, he is paid monthly monetary compensation in compensation for damage caused to his health in the amount (from January 1, 2021):

RUB 19,980.05 - disabled person of group I;
RUB 9,990.02 - disabled person of group II;
RUB 3,996.01 - disabled person of group III.

This monthly compensation is paid regardless of the time of onset of disability due to military injury, place of work (service) after dismissal from military service, types of pensions received, as well as payments established for pensions in accordance with the legislation of the Russian Federation.

Also, by Decree of the Government of the Russian Federation of December 31, 2004 No. 911, funds are paid once a year for recreational recreation for school-age children of contract military personnel who have become disabled due to military trauma. The payment amount is (taking into account indexation for 2021) 26,884 rubles. for each child and is assigned regardless of the provision of a voucher.

In addition, participants in the NIS (savings and mortgage system) have the right to receive the money accumulated in the account. If disability is established, you can expect to receive an insurance payment from 500 thousand to 1.5 million rubles, depending on the group. Payments are possible until one year after dismissal.

Benefits for a discharged serviceman

If the serviceman has served for more than 10 years, he has the right to apply for housing or a housing certificate. They also have the right not to be removed from the waiting list for housing. Officers with the military ranks of colonel, equal or higher, dismissed for health reasons, have the right to an additional total living area of at least 15 square meters. m and no more than 25 sq. m.

If the length of service is more than 15 years, then upon dismissal, military personnel are given free ownership of land plots at their request for individual housing construction, personal farming, summer cottages, and farming. With over 20 years of experience, they receive an exemption from paying land tax.

In accordance with Federal Law No. 117-FZ of August 20, 2004 “On the savings and mortgage system of housing for military personnel,” a contract soldier upon dismissal for health reasons retains the right to a military mortgage benefit (for savings and funds supplementing them) under the following conditions:

in case of assignment to category “B”, at least 10 calendar years of service are required;
in case of assignment to category “D”, the length of service can be any.

Among other types of benefits, a serviceman dismissed for health reasons, depending on length of service and military rank, has the right to sanatorium treatment.

Is there a pension?

The amount of monthly pension payments associated with the presence of a disease depends on the assigned disability group:

1st group – 14,000 rubles;
Group 2 – 7,000 rubles;
Group 3 – 2,000 rubles.

The amount may differ more if the pensioner served in regions with a higher regional coefficient.

If disability is not confirmed, then the law establishes monthly payments upon reaching the age specified by law or having a minimum total length of service.

Necessary conditions for transfer:

45 years old and 20 years of military service.
45 years and a total work experience of 25 years (military period of at least 12 years and 6 months).

If your service in the armed forces is at least 10 years, a reserve officer is entitled to preferential mortgage loan terms.