How to claim a preferential pension. The electric welder sued the pension. The procedure for obtaining and the list of required documents

26.11.2019

The fact is that the company has already been liquidated, and it is not possible to obtain the necessary documents.-
perhaps this is what the Archives asked for?? perhaps something was preserved there, it was desirable to look for documents in the archives.

In a court decision file in a similar situation, the court stated the following-
In confirmation of the difficult working conditions, namely employment in the construction of new facilities during the controversial periods of the plaintiff's work as a "master" and "foreman", the work book is presented, acts of acceptance into operation of social and cultural facilities, the construction of which was carried out by economic means with the direct labor participation of the plaintiff, as well as the testimony of witnesses B *** L.V.., B*** N.M., B*** Yu.I., K*** A.Yu.
The arguments given by the UPF RF in the Karsunsky district of the Ulyanovsk region in the appeal about the lack of evidence of the nature of the plaintiff's work during the disputed periods cannot lead to the cancellation of the court decision. The court came to the conclusion that there are grounds for appointing the plaintiff an early retirement pension on the basis of an assessment of the evidence presented by the parties in their entirety, the basis for which the judicial panel finds no reason to reassess.
The reference to the inadmissibility of witness testimony in this case is untenable, since the court's conclusions about the nature of the plaintiff's work and full employment during the disputed period, along with the testimony of witnesses, are confirmed by written evidence. Written evidence in this case was a work book and acts of acceptance of work.

It is worth noting that requests for full employment during working hours for an employee employed in work with harmful and difficult working conditions were introduced in accordance with the Decree of the Ministry of Labor of Russia dated 05/22/1996 N 29. Special working conditions are associated with employees who perform the work specified in the lists for at least 80% of their working time.
Until the publication of Decree N 29. - The need for full employment was not envisaged.
Thus, in the court of first instance, it could be declared that the requirements of the institutions of the Pension Fund of the Russian Federation to provide documents confirming full employment for the period of work that took place before 05/22/1996 can be recognized as unlawful.
by the link - there is an interesting sample with statistics on cases and examples of interpretation of pension legislation by courts - Problematic issues in the practice of considering pension casesSUMMARY /Stavropol Regional Court/http://www.pandia.ru/text/77/178/27059.php

Is it likely that the Court of Appeal will grant their complaint? After all, the situation is very controversial.

- yes, there is such a possibility ... the situation is really controversial

Case No. 2-4444/16

DECISION

In the name of the Russian Federation

Leninsky District Court of Smolensk consisting of:

presiding (judge) And Malinovskaya.E.

under the secretary G. Selivonchik.A.

examined in open court a civil case in a civil suit Koldanova P.A. to the State institution - the Office of the Pension Fund of the Russian Federation in the Smolensk district of the Smolensk region on the recognition of the right to early appointment of an old-age labor pension,

u s t a n o v i l:

Koldanov P.A. (taking into account the specified requirements) filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in the Smolensk district of the Smolensk region, referring to the fact that the defendant was unreasonably not included in his special length of service, which gives the right to an early insurance pension in connection with the performance work with difficult working conditions, periods of work from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY1991 as a gas and electric welder at the state farm "<данные изъяты>", as well as the period from DD.MM.YYYY2009 to DD.MM.YYYY2010 as an electric welder in LLC"<данные изъяты>". In this connection, the claim raises the question of the inclusion by the defendant of the above period in his special experience and the appointment of an early insurance old-age pension from the moment the right to it arises.

Koldanov P.A. supported the claims at the hearing.

The representative of the defendant GU - Office of the Pension Fund of the Russian Federation in the Smolensk district of the Smolensk region - With Badisov.L. at the hearing the claims are not recognized, stating that the plaintiff has not submitted documents confirming the implementation of them in the disputed periods of work with difficult working conditions.

Having heard the explanations of the persons participating in the case, having checked the written materials, the court comes to the following conclusion.

In accordance with paragraphs. 2 p. 1 art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” (hereinafter referred to as the Federal Law of December 28, 2013 No. 400-FZ), an old-age insurance pension is assigned before reaching the retirement age for men upon reaching the age of 55 years and for women upon reaching the age 50 years if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have an insurance record of at least 25 years and 20 years, respectively. In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, the insurance pension is assigned to them with a decrease in the age provided for in Article 8 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women.

In p force. 2 tbsp. 30 of the Federal Law of December 28, 2013 No. 400-FZ, lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age insurance pension is assigned in accordance with part 1 of this article, the rules for calculating periods of work (activity ) and the appointment of the specified pension, if necessary, are approved by the Government of the Russian Federation.

According to p.p. 3, 4 art. 30 of the Federal Law of 28.12. 2013 No. 400-FZ, periods of work (activity) that took place before the date of entry into force of this Federal Law are counted in the length of service in the relevant types of work, giving the right to early appointment of an old-age insurance pension, subject to the recognition of these periods in accordance with the law, operating during the period of performance of this work (activity), giving the right to early appointment of a pension.

The periods of work (activity) that took place before the day this Federal Law came into force may be calculated using the calculation rules provided for by the legislation in force when the pension was awarded during the period of performance of this work (activity).

In accordance with paragraphs. “b”, paragraph 1 of Decree of the Government of the Russian Federation of July 16, 2014 No. 665 “On the lists of works, industries, professions, positions, specialties and institutions (organizations), taking into account which the old-age insurance pension is early assigned, and the rules for calculating periods of work (activity ), giving the right to early retirement benefits” when determining the length of service in the relevant types of work for the purpose of early retirement in accordance with Art. 30 of the Federal Law “On Insurance Pensions”, in case of early assignment of an old-age insurance pension to persons who worked in jobs with difficult working conditions, the following applies:

List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Decree of the Council of Ministers of the USSR dated 08.22.1956 No. 1173 “On approval of lists of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts”, - to take into account the periods of performance of the relevant work that took place before January 1, 1992;

List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, approved by Decree of the Cabinet of Ministers of the USSR dated 01.26.1991 No. 10 “On Approval lists of industries, jobs, professions, positions and indicators that give the right to preferential pension provision.

The court established that Koldanov P.A., DD.MM.YYYY of the year of birth, applied to the GU - Office of the Pension Fund of the Russian Federation in the Smolensk District of the Smolensk Region on DD.MM.YYYY with a statement on the appointment of an early retirement old-age pension due to a long employment in jobs with difficult working conditions.

By the decision of the pension provision institution dated DD.MM.YYYY No. No., the claimant was denied an early labor old-age pension due to his lack of the required special experience of 7 years 06 months. The special experience of the plaintiff on the day of application according to the decision of the defendant is 11 months 08 days.

The defendant did not include the periods of his work from DD.MM.YYYY1982 to DD.MM.YYYY1987, DD.MM.YYYY1987 to DD.MM. YYYY1991 as an electric welder and gas electric welder at the state farm "<данные изъяты>", reorganized into a production agricultural cooperative"<данные изъяты>", as well as the period from DD.MM.YYYY2009 to DD.MM.YYYY2010 as an electric welder in LLC"<данные изъяты>».

In accordance with Section XXXIII "General Professions" of List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, approved by the Decree of the Cabinet of Ministers of the USSR dated 26.01.991 No. 10, the right to early appointment of an old-age labor pension is enjoyed by: electric and gas welders employed in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances of at least hazard class 3 (position 23200000 -19756); electric welders on automatic and semi-automatic machines engaged in welding in a carbon dioxide environment, at work using fluxes containing harmful substances of at least hazard class 3, as well as on semi-automatic machines (item 23200000-19905); manual welding electric welders (item 23200000-19906).

According to List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to a state pension on preferential terms and in preferential amounts (section XXXII), approved by Decree of the Council of Ministers of the USSR dated 22.08.1956 No. 1173, the right to early retirement is used by electric welders and their henchmen, gas welders and their henchmen. At the same time, unlike List No. 2, approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991, the said List does not contain requirements to confirm the employment of workers in these professions in cutting and manual welding.

Periods of work performed before 01/01/1992 in the profession of an electric welder are counted as a special work experience without specifying the type of welding, and after 01/01/1992 this profession can be counted as a special experience provided that cutting and manual welding are employed.

In accordance with the information letter of the Ministry of Labor and Social Development of the Russian Federation No. 3073-17 and the Pension Fund of the Russian Federation dated 02.08.2000 No. 06-27 / 7017 "Electric and gas welder" and "Gas and electric welder" are different names for the same profession, therefore, workers who, according to employment documents are listed as gas and electric welders, can enjoy the right to preferential pension provision under List No. 2 (section XXXIII) as electric and gas welders.

From the plaintiff's work book, it is seen that he was hired on a state farm on DD.MM.YYYY1982 "<данные изъяты>” to the position of a welder of the fourth category, subsequently he was assigned the sixth category of a gas-electric welder, DD.MM.YYYY2009 was hired by LLC “<данные изъяты> «<данные изъяты>» for the position of electric welder of the fourth category.

From the explanations of the plaintiff, confirmed by the testimony of witnesses Alekseenkov V.E. Pomortsev and P.P. it follows that in the period from 2009 he worked as an electric welder for a full time in LLC "<данные изъяты>", in which there were manual arc welding machines, including a VD 306 U rectifier. Electric welders of manual welding worked on this machine, they performed work in the specified profession.

In accordance with the certificates issued by the director of LLC "<данные изъяты>» P Koldanov.A. worked in the community from<данные изъяты>2009 by<данные изъяты>2010 as an electric welder on a welding rectifier VD 306 U No. 8770, with a work schedule: a five-day working week with two days off (Saturday, Sunday); working hours - 40 hours a week; duration of daily work - 08 hours; start of work - 08 hours. 30 min., end of work - 17 hours. 30 min.; break for rest and meals - 1 hour in the period from 13 h. 00 min. until 14 o'clock. 00 min.

Also, from the explanations of the plaintiff it follows that in the period from DD.MM.YYYY1982 to DD.MM.YYYY1987 and from DD.MM.YYYY.1987 to DD.MM.YYYY.1991 he worked as a gas and electric welder, performed his labor functions with the help of a manual welding for a full day.

In p force. 5 Explanations “On the procedure for applying the Lists of industries, jobs, professions, positions and indicators that give the right to an old-age pension due to special working conditions and a pension for long service”, approved by Decree of the Ministry of Labor of the Russian Federation of 05.22.1996 No. 29, under full-time work is understood as the performance of work in the working conditions provided for by the Lists, at least 80 percent of the working time. At the same time, the specified time includes the time for performing preparatory and auxiliary work, and for workers performing work with the help of machines and mechanisms, also the time for performing repair work of a current nature and work on the technical operation of the equipment. The specified time may include the time of performing work performed outside the workplace in order to ensure basic labor functions.

Evidence that the plaintiff during the disputed periods carried out his official duties during part-time work, or that during the indicated periods he was not employed at work in the specified position, was not presented to the court by the defendant.

In view of the foregoing, the plaintiff's work period with DD.MM.YYYY.Po DD 1982.MM.YYYY1987 and from DD.MM.YYYY1987 to DD.MM.YYYY1991 as a gas electric welder at the Zhukovsky state farm and the period from DD.MM.YYYY. By 2009 DD.MM.YYYY2010 as an electric welder in LLC "<данные изъяты>” are subject to inclusion in the claimant’s special experience, which gives the right to early appointment of an old-age labor pension in connection with the performance of work with difficult working conditions.

By the time of filing the application (DD.MM.YYYY) the plaintiff had reached the age of 57 years, his special experience, taking into account the period of work included by the court, is more than 7 years 6 months, the insurance experience exceeds 25 years, in connection with which Koldanov P.A. acquired the right to an early retirement pension from the moment of his appeal to the defendant, that is, from DD.MM.YYYY.

Guided by Article.Article. 194-198 Code of Civil Procedure of the Russian Federation, court

I decided:

To oblige the State institution - the Office of the Pension Fund of the Russian Federation in the Smolensk district of the Smolensk region to include P.A. Koldanov in the special experience. , giving the right to early appointment of an old-age insurance pension in connection with the implementation of work with difficult working conditions, the periods of his work from DD.MM.YYYY.To 1892 DD.MM.YYYY1987, from DD.MM.YYYY1987 to DD.MM.YYYY1991 as a gas and electric welder at the state farm "<данные изъяты>", from DD.MM.YYYY. to 2009 DD.MM.YYYY.2010 as an electric welder in OOO"<данные изъяты>»and assign him a pension from the moment of his appeal - DD.MM.YYYY.

The decision can be appealed to the Smolensk Regional Court within a month through the Leninsky District Court of Smolensk.

But at the same time, few people know how the experience is calculated? How to apply for a pension? What legislation regulates this issue?

Let's consider all the questions in more detail.

Legislative regulation of the issue

In the event that a question arises about the correctness of the calculations of pension provision for preferential health workers, it is necessary to know the legislative norms that regulate this issue.

In particular, these are laws, as:

Possible changes

In 2019, in connection with the pension reform, preferential retirement for doctors will not be canceled, however, additional conditions have appeared.

Dmitry Medvedev was offered by the Ministry of Labor to increase the length of service, the presence of which allows for privileged medical workers.

It was originally planned that from January 2016 a change was to take place, which will gradually would increase the calculation coefficient taking a well-deserved rest.

These changes would be the following:

By and large, this could lead to the fact that the length of service would have the following figures:

for rural areas - 30 years;
for the city limits - 35 years.

But until today, such changes are under consideration by the Government of the Russian Federation and therefore they have not yet been adopted. It is too early to say exactly when this will happen.

Conditions for early retirement for medical workers

The main principle of a preferential or early pension is considered to be a change in the conditions of the period for submitting a corresponding application for processing payments.

For medical staff key condition it is customary to consider the length of service, which in part depends on.

Employees of the medical field have every right to apply for early retirement with such work experience duration:

At the same time, it is necessary to take into account the fact that no age limit more precisely, they are simply not taken into account.

For this reason, there is several options for accrual of experience:

The year is equal to the calendar year.
For medical staff who performed their immediate duties in the city or in the countryside - 1 is equal to 1 year and 3 months;
1 year of experience is equivalent to 1.5 years, but this is possible for some categories of medical personnel.

In a situation where conditions 1 and 2 were met, the preferential allowance will be summed up. For example, for an anesthesiologist-resuscitator, it will be for 1 year - 1 year and 9 months (6 + 3).

List of positions

According to Federal Law No. 173, work experience for 1 year - 1.5 years is applied to medical employees of such posts, as:

surgeons and nurses who took part in various operations;
pathologists;
obstetricians;
nurses who, in the course of their work, make purulent dressings, work in traumatology or in the burn department. In addition, this also applies to employees of TB dispensaries;
anesthesiologists-resuscitators;
forensic experts.

For other categories of medical staff, work experience is accrued according to the standard 1 to 1 scheme. But this does not apply to employees in rural areas.

Periods of service that are credited for the preferential pension of physicians

Often among medical staff there are questions that relate directly to the calculation of seniority. What period of employment in the field of medicine can be included?

In order to answer this question, it is necessary to study Government Decree No. 781, which essentially contains information about the abolition of benefits for those categories that work part-time.

This ruling clearly states conditions for crediting certain periods labor activity in preferential length of service:

Until January 1999, all labor activities that were carried out in the medical field are included, including also part-time work.
Starting from January 1999, only those labor activities that were carried out on the terms of a standard or reduced work schedule can be taken into account. In the event that a medical worker worked part-time, this period is not taken into account when forming a preferential length of service.

In addition, according to Government Decree No. 516, other periods for determining seniority, namely:

The probationary period in the process of hiring gives full right to the provision of preferential service.
In the case of illegal dismissal or transfer to another position - forced fully paid absenteeism.

At the same time, the period itself, during which cases of malicious violation of discipline were revealed, cannot be counted in the preferential service.

Under breach of discipline means:

drunk work;
violation of security rules and so on.

The procedure for calculating and accruing payments

You can determine the correct grace period of seniority yourself. To calculate, it is enough to know the total number of full years that have been worked in the field of medicine.

Basic condition is the full compliance of the profile with the current legislation. It must be remembered that work in private medical institutions cannot be included in the preferential seniority.

Imagine that a midwife carried out her labor activity in a city maternity hospital. She worked there for 5 years, and then changed her job and moved to the urban-type settlement. She has worked at her new location for 18 years.

In such a situation, her general work experience (preferential) is:

5+ (5 * 6) / 12 + 18 + (18 * 3) / 12 = 30 years old

6 is the number of additional months (5 years multiplied by an additional 6 months annually);
3 - the number of additional months when working in an urban-type settlement (therefore, 18 years is multiplied by the annual additional 3 months).

Based on the calculations, it can be seen that the difference is 7 years - 23 years of actual work experience and 7 years of preferential (additional) work experience.

Registration procedure

Where do you need to apply?

In order to start applying for a preferential pension, you first need to collect all the necessary list of documents. But before proceeding with the collection of documents, the length of service is calculated.

To calculate the length of service, contact your place of work to the personnel department.

In the event that the applicant for pension provision does not work anywhere, he must apply immediately to the territorial department of the Pension Fund.

Citizens who for some reason cannot apply to the PF on their own can send all documents by mail in the form of a registered letter. Without fail, the letter must be with an inventory.

The possibility of registration by third parties is allowed in the presence of a notarized power of attorney.

What documents need to be prepared?

When applying to the PF to submit the necessary documentation, it is necessary to take into account the fact that, at the request of the fund's employees, the list of documents can be expanded as necessary.

Meanwhile, list of required documentation which must be submitted as follows:

In this case, be sure to pay attention to the fact that the documents are submitted in the original and copies.

In the event that during the working period the surname or the name itself was changed, it is necessary to obtain and attach to the rest of the documents a certificate from the passport office.

It is not uncommon for employees of the Pension Fund to require income statement 60 months to January 2002.

Employees of the Pension Fund may require additionally provide:

a certificate that confirms the fact of incapacity for work or even disability;
a certificate that can confirm the presence of dependents of the applicant for a pension;
information about contributions to the Pension Fund.

If we talk about the preparation of the application itself, then this is done when submitting documents under the supervision of the PF employees or according to the sample that is provided.

What is the review period?

After the submission of the entire package of documents, the decision-making period is 30 calendar days.

If any errors are found, the PF employees notify the applicant by phone or by mail.

What are the changes from 2019?

In 2019, in connection with the implementation of the pension reform, early retirement for medical workers will not be canceled, however, an additional condition for obtaining the status of a pensioner will be provided - a delay of several years before issuing a pension.

After the end of the transitional period of the reform (starting from 2023), doctors will be able to become a pensioner only 5 years after the required length of service has been completed.

As of 2019, if there are grounds, an early pension to a physician can only be granted in 6 months, counting from the date when this right came - 25 or 30 years of insurance experience have been worked out.

For example, a medical worker with exactly 30 years of work experience in a city hospital will have October 10, 2019. It turns out that the right to retire early, regardless of his age, will appear on April 10, 2020 (+6 months).

In 2020, the deferral will already be 18 months, that is, 18 months will be added to the date of service, and only then it becomes possible to retire for long service.

According to the same scheme, in 2021 + 3 years, in 2022 + 4 years, and starting from 2023 + 5 years.

Learn about early retirement for healthcare workers in the following video:

Early pedagogical pension requires the involvement of a specialist to receive it. In accordance with the procedure established by the legislation of the Russian Federation, citizens who carry out activities in the field of education, namely as teachers, lecturers, as well as heads and deputy heads of education departments, can exercise the right to apply for a pedagogical pension ahead of schedule.

But, unfortunately, this right is increasingly violated by the Pension Fund of the Russian Federation, which requires contacting a professional for help. Our pension lawyer will decide whether he is ready to defend your right to a pension in court.

Grounds for the appointment of an early pension for teaching staff

One of the essential conditions for the appointment of an early pedagogical pension is the certification of facts indicating that citizens are working in the field of education with children. Often there are situations when the necessary information may not be available both from the employer and the pension fund. In the event of these circumstances, the pension fund refuses to assign an early pedagogical pension. Litigation on your issue will correct the situation.

The procedure for applying for early retirement benefits is as follows:

Before applying to the pension fund, with the issue of early retirement for teachers, first of all, it is certainly necessary to collect documents confirming labor activity in the field of education, as well as work experience in this type of activity. An early pedagogical pension is assigned to citizens who have worked in educational institutions for a period of at least 25 years (if you are a medical worker, then you should be interested in our materials on the issue at the link).

If you have the right to a pension, and you do not have clarifying documents, we recommend that you still apply for a pension, since its payment begins precisely with the submission of an application. You have the right to submit documents confirming your privileged employment during the consideration of your application.

ATTENTION: watch a video about assigning preferential pensions to teachers, health workers, lists No. 1, No. 2, and also subscribe to our YouTube channel. Then you will be the first to see new videos and will be able to ask a lawyer a question in the comments for free.

List of institutions for early pedagogical pension

An early pedagogical pension is assigned when carrying out pedagogical activities in the following types of institutions:

educational institutions, namely schools, gymnasiums, lyceums
boarding schools, gymnasiums - boarding schools
institutions for children left without parental care, as well as orphans, shelters.
educational institutions of preschool type.
children's and youth sports schools.
children's health care facilities, such as the orphanage, as well as sanatoriums for children of various varieties.

A more complete list of when early retirement is possible for persons engaged in pedagogical activities is established by the legislation of the Russian Federation.

List of teaching positions for preferential pension

director, deputy director who is associated with the educational regime
teacher
educator
teacher speech therapist
music director
military leader
head of physical education
social teacher
labor instructor
other positions related to pedagogical activity.

List of documents for receiving an early pedagogical pension

Here is an approximate list of documents that must be submitted to the authority at the same time as an application for a pension:

Passport;
SNILS;
Employment history;
Certificates specifying the nature of the work;
Military ID;
Copies of birth certificates of children;
Copies of marriage certificates (on change of surname).

Consideration of the application. At this stage, the pension fund body checks the validity of the periods to be included in the length of service, and also evaluates your pension rights. Pension entitlement assessment should be understood as determining the amount of your future pension.

Making a decision on your application. So, based on the results of consideration of your application, the body either assigns you a pension or refuses it.

Judicial procedure for the appointment of an early pedagogical pension

If the pension authority refused to grant you a pension, the protection of your rights is subject to judicial procedure. Here it is worth paying attention to the following nuances:

Statement of claim for the appointment of an early retirement pension for teachers

Often, the rights of citizens to receive an early pedagogical pension are violated in pension funds, and a decision is made to refuse.

Our pension lawyers will conduct the necessary legal and regulatory analysis in each individual case (it is possible to make an appointment at a convenient time for you - follow the link), help in providing the necessary documents, calculate the teaching experience for early retirement, participate in collecting the necessary information, as well as in searching ways to solve this situation.

ATTENTION: the deadline for appealing the decision of the pension fund to refuse to assign a pension is three years from the moment you learned about the consideration of the application, so do not delay and start solving the problem together with our professional.

As you know, the general statute of limitations for protecting a violated right is 3 years. However, this period does not apply to relations arising from pension provision, that is, as such, the legislator has not established the terms for going to court. However, based on practice, some courts still apply the specified period, and therefore, in order to eliminate these risks, we recommend that you do not hesitate to apply to the court.

In which court should the claim be filed? Such a statement of claim must be filed with the court at the location of the body. Do not confuse with the place of distribution of authority authority. So, for example, the pension authority of one district may find it in a completely different one, while the statement of claim will be filed precisely with the court at the actual location of the pension fund.

Trial order:

Preparation of a claim. Do not forget to pay the state duty and prepare a package of documents for other parties involved in the case;
Filing a claim in court. We have already dealt with the jurisdiction of this category of cases above;
dispute resolution;
Obtaining a court decision;
Appeal to the pension fund authority with a court decision to assign your pension.

How to calculate teaching experience?

According to the current legislation, teachers, teachers, educators and other pedagogical workers are entitled to an early pedagogical pension, subject to the availability of an appropriate length of service and without taking into account the age of the applicant.

This should take into account:

the pedagogical position of the employee must comply with the list established by the Government of the Russian Federation, any discrepancy is corrected only when applying to the court with a claim for an early pension.
The pedagogical experience for early retirement is calculated in calendar days, months and years, the standard experience in this area is at least twenty-five years of pedagogical experience, its presence is a prerequisite for the early appointment of a pension to pedagogical workers.
At the same time, until 2000, the size of the teaching load was not taken into account for the teaching period, and after September 1, 2000, it became necessary to have a minimum teaching load equal to six hours a week or 240 hours a year. The only exceptions are teachers who carry out their labor activities in rural areas, that is, their length of service does not depend on the teaching load. For employees of educational institutions of secondary vocational education, the workload is 360 hours per year.
Early retirement for persons engaged in teaching activities in 2017 is assigned according to the new rules, according to these rules, periods of study in the relevant educational institutions will be included in the teaching experience, subject to the implementation of pelagic activities before and after training.

At the same time, applicants should not forget that the periods of work are calculated based on the legislation that was in force at the time of their employment.

The work experience includes the following time periods:

periods when the work activity was carried out throughout the full working day, with paid insurance premiums. The working day should also be understood as the fulfillment of the study load established for the wage rate. Also, for certain categories of workers engaged in labor activities in rural areas, full workload is not a prerequisite.
are subject to offset periods of temporary disability and periods of annual leave.
parental leave period, both up to 1.5 and up to 3 years, is subject to credit for length of service if such a period began before October 1992.
Is study included in teaching experience?? Yes, being on courses to improve the level of qualification, study in the direction of the employer is included without fail. In this case, the period of your initial vocational training also counts. However, for its inclusion, there is a condition that immediately before the period of study and after its completion, pedagogical activity followed.
military service periods by invitation. Such periods are also subject to inclusion in seniority, subject to certain conditions;
other periods when early retirement of teachers is possible.

Regulatory documents for the appointment of a pension

The regulatory framework that determines the right to early retirement for long service in connection with work in educational institutions.

It is worth noting that at different times of your working life there were different regulations defining the working conditions and the rules for calculating the length of service giving the right to early retirement. These standards are different from each other. So, for example, the previous legislation allowed to include a certain list of positions in comparison with the present one. With this in mind, the current regulations allow you to include and calculate the length of service, taking into account the norms and rules of the legislation that was in force during the period of your employment. There are four such acts, namely:

List of positions and institutions, work in which is counted in the length of service, giving the right to early assignment of an old-age labor pension to persons who have been teaching in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law "On labor pensions in the Russian Federation" ”, approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781 “On the lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is early assigned in accordance with Article 27 of the Federal Law“ On labor pensions in the Russian Federation", and on the approval of the rules for calculating periods of work, giving the right to early appointment of an old-age labor pension in accordance with Article 27 of the Federal Law "On labor pensions in the Russian Federation". The last adopted act, which determined the range of positions and the list of relevant institutions. Start of action such a list from 01.01.2 002 years. Such a list can be applied both to the periods of work that took place after its introduction, and before.
List of positions in which work is counted as length of service, giving the right to a pension for length of service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 N 1067 “On approval of the List of positions, work in which it is counted in the length of service, which gives the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the terms of service for the appointment of a pension for long service in connection with teaching activities in schools and other institutions for children " . The so-called interim list, based on its validity period, which was from November 1, 1999 to December 31, 2001 inclusive;
List of professions and positions of workers of public education, whose pedagogical activity in schools and other institutions for children gives the right to a pension for long service according to the rules of Article 80 of the Law of the RSFSR "On State Pensions in the RSFSR", approved by the Resolution of the Council of Ministers of the RSFSR of September 6, 1991. N 463 "On approval of the List of professions and positions of educators, whose pedagogical activity in schools and other institutions for children entitles them to a pension for long service." The validity period of this list is from January 1, 1992 to October 31, 1999 inclusive;
List of institutions, organizations and positions, work in which gives the right to a pension for long service (annex to the Decree of the Council of Ministers of the USSR of December 17, 1959 N 1397 "On pensions for long service to workers in education, health care and agriculture"). This list is subject to application to periods of work that took place before 01/01/1992. One of the most loyal lists to pedagogical workers.

Assistance of a lawyer in assigning a pedagogical pension

Pension lawyers of our legal education have extensive experience in solving pension issues, as well as constant judicial practice, due to which there is a lawful resolution of emerging difficulties in court by drawing up a statement of claim and further representation in court to protect the legal rights and interests in the issue of early retirement for teachers. employees.