Issues of formation of pension rights in mandatory pension insurance, taking into account the previously existing pension legislation

in state pension insurance, there is a rule on the application of previously existing legislation in the appointment of insurance pensions. This is a feature of the Russian state pension insurance. The legislation that regulated pension relations in the previous period applies, even if it has become invalid at the time of pension assignment. This is due to the possibility to retain the right to a pension, to form an insurance experience in a larger amount than according to the norms of the current legislation. But the norms of the current pension legislation contain benefits that were absent in the previous legislation. In this case, the application of the current pension rules is more profitable for the insured person. In this regard, the pension law grants the right to discharge the insured person of the model of formation of his pension rights: with the application of the norms of previously existing legislation or according to the legislation in force during the appointment of the insurance pension. This rule was introduced into legal practice by the Decision of the Constitutional Court of the Russian Federation of January 29, 2004, No 2-P, which is currently taken into account in various norms of the current legislation.