Is it possible to sue a preferential pension. “For a pension - to court”: who makes old people humiliate themselves? Periods of service that are credited for the preferential pension of physicians

These are lists of professions, positions, industries with harmful and difficult (list No. 2), especially harmful and especially difficult (list No. 1) working conditions. An employee, having worked out the length of service established by law in such production, has the right to reduce the retirement age:

  • for 5 years according to the list No. 2
  • for 10 years according to the list No. 1

It would seem that everything is clear: you have completed the experience and at the age of 55 you carry documents to the FIU. However nuances when applying for a preferential pension there is a huge number. On their basis, the PFR may not count the preferential (special) length of service as work experience, respectively, the employee is no longer entitled to a preferential pension under list 1 or 2. Moreover, there have been more cases of suspension of the payment of a pension already assigned in connection, as the pension fund clarifies, with newly discovered circumstances. In this case, the pensioner has to send an appeal to the court, and the pension is restored, only on the basis of a court decision. The most common reason for the refusal of the PFR is the inconsistency of the position, profession, specialty named in lists No. 1 and 2. In the vast majority, the refusal to take special experience into account relates to the period of the nineties.

The impression is created that the PFR departments have an intention to issue pensions on preferential terms as little as possible, thereby saving budgetary funds. Maybe this is so: someone will not go to court, and someone will lose the court. That's the economy. In addition, as mentioned above, even if the court is won by the employee, the pension will still be assigned to him not on preferential grounds, but by a court decision. Apparently this is important for the PFR statistics.

More details about the length of service for assigning a pension, its significance in determining the size of the pension and the age of retirement can be found in the book “Pension for the smart. How to get yours? lawyer and expert in this matter M. Medvedeva.

In the case of refusals to assign a preferential pension, I am not inclined to the version of a conspiracy against the "beneficiaries". In my opinion, the reason is more prosaic. To analyze the situation, let's remember the beginning of the 90s. When enterprises were closed, new forms of production were created, entrepreneurs and businessmen appeared. At that time, few people understood what normative acts to be based on in managing an enterprise, because the Soviet Union no longer exists, it seems that its norms do not apply, and there are no new norms yet. So everyone did what they wanted. And at new enterprises, they didn’t give a damn about all these lists, harmfulness, ETKS, etc. If you want to receive money - work, if you don't want - goodbye. Therefore, in many cases there are no records at all that the worker worked in a hazardous occupation. But more often than not, the FIU's refusal to accept special seniority is associated with incorrect, in their opinion, wording. Therefore, even if an employee honestly worked in a hazardous industry in the nineties, this does not mean that he will retire earlier than his peers.

One such example is the militarized mountain rescue platoon of the Kolyma hydroelectric power station in the Magadan region. The Kolyma HPP is a unique structure, the main equipment of which is located in underground workings. During the construction process, hundreds of people were employed in underground work. This work continues even now - after all, the equipment needs to be operated, reconstructed, repaired, maintained, etc. Therefore, without mine rescue services, the operation of this structure is impossible.

During the period of active construction, mine rescue service was carried out by a paramilitary mine rescue unit, which was liquidated in the 90th year. Naturally, the enterprise immediately received an order from Gostekhnadzor on the need to organize mine rescue services, otherwise the operation of the HPP would be impossible. The shutdown of the KPP, which produces 95% of electricity in the Magadan region, would mean a catastrophe on a regional scale. Therefore, it was decided to organize a mine rescue platoon as part of the KGES.

In accordance with the regulatory documents of the USSR of that time, employees of mine rescue units enjoyed benefits, including early retirement under list 1, on the basis that their work is associated with especially harmful and especially difficult working conditions: in an underground complex, a polluted atmosphere using self-contained breathing apparatus. And in general, it is difficult to imagine the work of a mine rescuer in isolation from especially harmful and especially difficult working conditions. Subsequently, after the Ministry of Emergency Situations was organized, relevant regulations were issued, a gradual transition of mountain rescue units to the Ministry of Emergency Situations began. By the way, it continues to this day. Other norms of pension legislation apply to employees of the Ministry of Emergency Situations, we do not consider this issue here.

Now, after almost a quarter of a century after the organization of the mine rescue service at the Kolyma hydroelectric power station, the time has come to issue a preferential pension for employees of the paramilitary mine rescue plant, the main period of preferential service of which falls on the nineties. However, in the offices of the FIU they are met with a refusal. The reason is the inconsistency of the position in which the mine rescuer worked, named in list 1. Namely: the position of the rescuer at the KPPP is “respirator of the mine rescue platoon”, in list 1 - “respirator of the mine rescue unit”. The fact that further, in the same list, the structure of the mine rescue units, which include platoons, including the fact that it is allowed to create separate platoons, is indicated by the PFR, for some reason does not apply. In addition, the working conditions for a mine rescuer of a platoon are no different from those of a mine rescuer of a unit - job duties are identical, the Combat Charter is the same for everyone.

So the mine rescuers have to go to court. It must be said that all the claims of the employees of the VGSV are satisfied by the courts and the PFR, on the basis of a court decision, appoints a pension, but this situation has already ruffled the nerves of many. And many are yet to come.

Having personal experience of litigation with the FIU on the issue of preferential service, I advise you not to be afraid to file claims in court. In this particular case, the employee is right, and this is confirmed by judicial practice. For my part, I am ready to help anyone with advice or documents.

The attitude of PFR specialists to their work deserves a separate discussion. In my particular case, it was obvious that they were not even trying to get to the bottom of the matter. In the decision to refuse a pension, recalls to the courts, sometimes ridiculous statements were made, the reasons were called, which can not be called otherwise than “taken from the ceiling” or “far-fetched”. PFR lawyers often operated with regulations that had nothing to do with the case under consideration, valid outside the period under consideration, and unsubstantiated conjectures were cited as evidence.

Let me give you a couple of examples to illustrate. One of the reasons why I was denied a preferential pension, which the lawyers stated in court (!) Was that the Kolyma hydroelectric power station has been producing electricity since the eighties, which means it is operational and mine rescue services are not needed there (!!!). Naturally, the court accepted my objections that the State Commission accepted the KPP into operation in 2007, and, most importantly, that the need for mine rescue services is determined by the regulatory authorities, in particular, Gostekhnadzor. The FIU probably cannot be attributed to such bodies. Otherwise, PFR lawyers will start asking questions of the order: “Why does your enterprise need a welder, fasten it with wire and it will go like that!”.

The second example is the regulation on the preventive work of the VGSV KGES, on the basis of which the PFR lawyers considered that the employees of the VGSV are engaged only in prevention and there is nothing to assign them a preferential pension for. However, not only was this provision issued after I retired from the VGSV, but, most importantly, it does not cancel any duties of the mountain rescue unit in rescuing people and eliminating accidents, but, on the contrary, increases the amount of work by preventive measures that are carried out , for the most part, in the underground complex, i.e. in the same especially harmful and especially dangerous conditions.

Another thing I would like to draw attention to is the attitude of specialists and managers of KGES and Kolymaenergo, which includes KGES, to their former employees, in particular - when applying for a preferential pension under list 1. For example, no help was provided to me - no advice, no documents, in a word - none. With the exception of the provision of some documents from the deputy chief engineer and director of the Kolyma HPP, as well as the commander of the platoon of the GVKPP, and then solely due to friendly relations. I think that it is unlikely that there will be any help from this side to former employees of the VGSV, who are now trying to get a pension under list 1.

Moreover, this organization declares that work on list 1 has not been carried out at the Kolyma hydroelectric power station since the year 2000. However, if this information is correct, then what about the certificate at the disposal of the pension fund in my personal file, which specifies the special nature of work with especially harmful and especially dangerous working conditions in the period, including in 2000 and 2001- m year. This certificate was issued to me by the personnel department of the Kolyma HPP upon my dismissal. And what benefits in the pension plan do the mine rescuers of the VGSV KGES have now in this case? It turns out - none.

I am ready to provide assistance to all colleagues who intend to go to court to apply for a preferential pension - with advice or documents. Some of them are posted here as an example.

Russian legislation allows teachers and other educational workers to retire earlier than the main period, only on the basis of 25 years of teaching experience.

In fact, this is the same labor, only the employee whose work activity falls under certain conditions has the right to receive it.

Legislative framework and recent changes

Educational workers have the opportunity to take a legal vacation in old age much earlier than other categories of citizens.

This right is indicated by the current Russian legislation. For those who applied for a pension before 2001, the basis was:

The total teaching experience of the employee is 25 years and age has nothing to do with it.

The first changes in the legal documents relating to the work and pension provision of teachers were adopted in 2001. Then for the first time accruals for length of service were abolished - they were replaced by preferential pension payments by age. The state retained the right of the teacher to retire early for a well-deserved rest.

In 2015, changes again affected education employees. The salary that was accrued to the teacher is not taken into account when calculating the entire pension content. Like other categories of the country's population, teachers' pensions can be influenced by only pension funds- the more of them, the higher the payments by age.

In February 2016, amendments were made to the previous legislation, according to which only those years that the teacher spent on his education, that is, the period of his studies in higher educational institutions of Russia, will be included in 25 years of experience. At the same time, pedagogical work should be carried out both before the start of studies and after its completion.

If the seniority allowance is already being paid, the person claiming the benefits is obliged to stop working, and in the future his right to educational work is lost. Directly the principle of calculating pensions has not changed.

Categories of teaching staff

Oddly enough, not all categories of workers in the pedagogical field may have the right to a preferential pension. The list of professions is prescribed in Law No. 173.

It includes the following categories of workers:

In addition to the list of professions, the law provides for list of educational institutions:

  • schools and lyceums;
  • gymnasiums with in-depth study of subjects;
  • cadet corps;
  • naval schools (Suvorov and Nakhimov);
  • orphanages;
  • boarding schools for children under the age of majority;
  • sanatorium-type schools;
  • kindergartens and nurseries;
  • music and ballet schools;
  • institutions of additional education.

Thus, before you start applying for a preferential pension, you should pay attention to the place of work. By profession, you can fit into the category of beneficiaries, but by the name of the institution - no. Only a thorough check of the entries in the work book and their comparison with the legislative list can protect against such a situation.

Almost every year, amendments and changes are made to the Law acting on a permanent basis. The names of institutions and positions are changed and supplemented, for example:

  • the preferential category of educators includes all varieties of this position: a school educator, an aftercare teacher, a kindergarten, a nursery, a boarding school, and the like;
  • the position of a music worker may have the modern name of a music teacher or head of a music class;
  • the name gymnasium includes such names as school-lyceum and school-gymnasium;
  • Since 2007, the boarding school for mentally retarded children has also had a second name - the Children's Psychoneurological Boarding House.

Since 2001, not only teachers, but also pedagogical workers of additional education, which simultaneously have the following conditions:

  • work experience as of 01.01.01 must be at least 16 years and 8 months. Moreover, all years of work should have been held in the appropriate position and institution prescribed by law;
  • the fact of work in the additional field of education must be confirmed in the period from 01.11.99 to 31.12.2000.

Exit Conditions

A pedagogical worker will be able to issue a preferential pension only if during his work the conditions agreed by law were met:

  1. Firstly, work experience in the field of education should not be less than 25 years.
  2. Secondly, all these years, a person had to work full time, and the employer had to pay insurance premiums to the Pension Fund of Russia. The payment of insurance premiums applies to both periods of temporary work capacity.
  3. Thirdly, for women it is not included in the experience of more than one and a half years. But if the teaching practice was started before September 2000, all this will be included in the experience.

Hours of work

Until 09/01/2000, when registering a preferential pension, the development of the prescribed working hours was not taken into account.

Accounting for the study load went after this date. According to labor law, an employee applying for a preferential old-age pension had to work 6 hours a week, 240 a year.

Those teachers who work in secondary vocational institutions must work 360 hours a year. However, for elementary teachers and those who work in, such an amount of work does not apply and in no way affects the calculation of pensions.

Periods taken into account when taking early retirement

One of the conditions for obtaining a preferential pension is the total length of teaching experience. He must be at least 25 years old.

According to current legislation experience includes the following periods of work:

  • time of activity equivalent to a full working day and confirmed by insurance deductions;
  • temporary unemployed period;
  • time allotted for annual rest;
  • the time of study in educational institutions, if the teacher, before and after the training, worked in the field of education, and his position is prescribed in the Law of the Russian Federation.

Calculation procedure

The calculation of the preferential pension of the teacher takes place on the basis of the submitted certificate, which reflects the person's salary.

In recent years, the calculation is based on the size of the funded part and the insurance part. This is due to the transition to a new pension system.

In each case, the pension is calculated individually, however, payments cannot be less than 40% of the teacher's average salary.

The procedure for obtaining and the list of required documents

In order to start the procedure for obtaining a preferential pension, a teacher needs to visit regional branch of the Pension Fund of the Russian Federation either where he is registered, or where he really lives, and submit the relevant documents in this case. Moreover, this can be done either by contacting the fund personally or by sending a representative there, the status of which will be confirmed by a legally certified power of attorney. Recently, you can not visit the organization at all, but use public services via the Internet on the portal of the same name.

In order for the issue of granting a pension on preferential terms to be resolved, the future pensioner is obliged to provide to the Pension Fund next package of documents:

  • Russian passport confirming identity;
  • a work book of a pedagogical worker, which reflects the entries in accordance with the legislation in force in the country;
  • military ID (for men applying for a pension, a mandatory document);
  • birth registration certificate;
  • application for early retirement benefits.

This package is standard for all territorial districts of Russia. However, one must be prepared for the fact that the Fund's employees may be asked to bring documents and certificates clarifying the nature of labor activity.

The submitted application and the attached package of documents, on the basis of the current legislation, are considered within 10 days.

So, every teacher or employee of additional education has the opportunity to retire much earlier if he meets the conditions prescribed by law. For the majority, the right given by the state is important. Most often, teachers retire at the age of 40-45, but not all of them are ready to quit their favorite job.

Frequently asked Questions

Women teachers are often concerned about the question whether maternity leave, as well as leave to care for a child, is included in the teaching experience, which is necessary to determine the period of pedagogical activity.

In this case, there is paragraph 21 of the Clarifications of the Ministry of Labor of the Russian Federation of May 22, 1996 “On the procedure for applying the Lists of industries, jobs, professions, positions and indicators, giving in accordance with Articles 12, 78 and 78.1 of the RSFSR Law “On State Pensions in the RSFSR” the right to an old-age pension in connection with special working conditions and a pension for long service”, approved by the Decree of the Ministry of Labor of the Russian Federation of May 22, 1996 (ed.) No. 29, in accordance with which a special seniority, giving the right to a pension due to special working conditions, the period of women being on leave to care for a child is included, if this leave took place until October 06, 1992 , i.e. until the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543-1 "On Amendments and Additions to the Code of Labor Laws of the Russian Federation." The period of a woman's stay on such a vacation after 06.10.1992 no longer included in teaching experience.

In addition, according to the Explanation of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25 “On some issues that arose with the courts when considering cases related to the exercise by citizens of the right to labor pensions” when resolving disputes that arose in connection with the non-inclusion of women in the experience work in the specialty of the period of being on parental leave in case of early appointment of an old-age pension, it was established that if the specified period took place before 06.10.1992, then it is subject to inclusion in the length of service in the specialty, regardless of the time the woman applied for a pension entitlement to early retirement pensions.

The second question that concerns citizens is whether the period of study in educational institutions of higher and secondary education is included in the experience of pedagogical activity. In this matter, too, everything is not so clear.

There is a Regulation on the procedure for calculating the length of service for assigning pensions for long service to workers in education and health care, approved by Decree of the Council of Ministers of the USSR of December 17, 1959 No. 1397. According to paragraph 2 of this Regulation, the length of service of teachers and other workers in education time of study in pedagogical educational institutions and universities is included in the special seniority , giving the right to a pension in connection with special working conditions, if it was immediately preceded and immediately followed by pedagogical activity. This resolution has not been applied on the territory of the Russian Federation since October 01, 1993 in connection with the adoption of the same Law of the Russian Federation No. 3543-1 on September 25, 1992, subsequently this procedure for calculating the length of service was canceled. From 01.10.1993, the period of study is not included in the teaching experience.

Male educators are concerned about Will military service be included in preferential service?, and here the answer is as follows. Until 1991, the Decree of the Council of Ministers of the USSR of December 17, 1959 No. 1397, approved by the Regulations on the procedure for calculating the length of service for assigning pensions for length of service to workers in education and health, was in force, paragraph 1 of which provided that teachers, doctors and other workers in education and health in the length of service work in the specialty, in addition to work in institutions, organizations and positions, work in which gives the right to a pension for length of service, service in the Armed Forces of the USSR is counted. This rule has not been applied since the beginning of 1991.

What is the order in 2019?

In connection with the large-scale pension reform in the country, starting from 2019, the requirements for the length of service of teachers will not change, but after the end of the transition period (2019-2023), a teacher will be able to become a pensioner only 5 years after working out 25 years of experience.

The new condition will be introduced gradually. If a teacher has completed 25 years of service in 2019, then the right to a preferential pension is deferred for 6 months from the date when the experience became exactly 25 years. In 2020, the right to pension will be deferred for 18 months, in 2021 on 3 years, in 2022 - on 4 years and starting from 2023 is postponed for 5 years.

For example, on May 20, 2019, a school teacher marks exactly 25 years since his teaching career began, the right to a pension arises only on November 20, 2019 (+6 months).

Another example, a kindergarten teacher develops a teaching experience of 25 years - on January 10, 2020, in connection with this, the right to a preferential pension arises on July 10, 2021 (+18 months).

Some features of calculating a preferential pension for teachers are described in the following video:

The Russian pension is far from the ideas of a truly well-deserved rest and a dignified old age. We regularly publish materials about the difficult life of Russian pensioners, about the meager amount of pensions in the country, about the problems they have to face. And recently, French economists generally attributed our country. And it would be okay if it was only in the low amount of pensions, the terrible state of the health care system and low social guarantees. Along with these troubles, old people often have to fight for their own pensions, turning to law enforcement officers and the courts.

If the rest of the problems still find at least some explanation, then how to justify the need to humiliate yourself in the struggle for the payments deserved by decades of labor is a good question. Be that as it may, the fact remains that the database of judicial acts is updated daily with decisions regarding pensioners suing the Pension Fund. Old people have to challenge the low amount of insurance payments or even the denial of their appointment, which clearly looks like a flagrant violation of the law. Although the representatives of the FIU can be understood - they are only "cogs in the system" that carry out installations in the presence of formal signs.

It's all the fault of the personnel departments and the FIU

The old people have enough reasons for such humiliation: someone made mistakes in their documents, someone did not make additional insurance payments, and others fail to prove that they have several years of service, giving the right to a pension and increased payments. The example of Marina Kuznetsova from the Sverdlovsk region, which Arguments and Facts told about, is indicative. A woman who worked all her life in an official job was not counted for about 10 years of service, which caused a multiple reduction in her pension. In the Pension Fund, this decision was argued by violations when filling out the work book: illegible entries, the absence of some seals and signatures, and voila - 10 years of official work "down the drain." The woman spent about six months in order to prove her case in the courts, referring to the guilt of the personnel officers, but in the end she achieved her goal. But determination is not enough for everyone.

According to union representatives, among all refusals to assign a pension, early retirement on a well-deserved rest appears most often. Many categories of workers apply for it: doctors and teachers, military and civil aviation pilots, mothers of large families, miners, metallurgists and representatives of other professions associated with hard and hazardous work. But if those who worked for the state prove their right to a benefit without any problems, then representatives of harmful professions often experience problems. It even happens that the enterprise has long been liquidated, the archives have been lost, and the Pension Fund of Russia refuses to take into account the preferential service. As a result, they can “cut off” several thousand rubles of pensions or even refuse to appoint them ahead of schedule, as was the case with some employees of the Taganrog Metallurgical Plant. This is where the courts are indispensable.

Often the reason for such refusals by the FIU is ignoring the employer's obligation to pay insurance premiums. And when it comes to harmful working conditions, the employer is obliged to make additional deductions, which is ignored in practice. The absence of such often becomes a reason for refusing to assign an insurance pension upon reaching the age of 55. But according to the law, this is not a basis for refusing to grant an early pension - this is not the fault of the employee, which is confirmed by the decision of the Constitutional Court of the Russian Federation No. 9-P dated 10.07.07.

The situation is similar with advanced training courses for doctors and teachers - the Pension Fund refuses to include them in the length of service. In controversial situations, this can also deprive pensioners of a well-deserved early rest, which happened to one of the teachers in Beloretsk. And there are many such examples. But regardless of the reasons, you have to defend your rights in the courts.

Right to a pension

True, not everyone is able to go to protect their rights. And it's not even about decisiveness, but about the banal lack of funds to protect their own interests - the services of lawyers are too expensive, especially when the elderly are left alone and there is nowhere to wait for help. Although, Russian justice does not always protect pensioners. The most striking example is the case of fifty pensioners from the village of Bozhonka, Novgorod Region, who have been trying for more than 4 years to get a well-deserved pension. Having worked a full-fledged work experience of 30-40 years at a local poultry farm, many of them were surprised to learn that the archive of their enterprise had burned down and, as it were, they no longer had experience ... Due to the lack of evidence of work, the PFR took, and appointed everyone social pensions, which often do not even reach 8 thousand rubles. The locals even got to the Kremlin, but so far there is no sense, although the regional prosecutor's office has already paid attention to the case. True, the intervention of law enforcement officers is a very positive signal.

So, the same prosecutor's office has repeatedly helped pensioners. For example, one of the Tver doctors who reached retirement age and had insurance experience was denied a pension due to insufficient insurance experience, which did not include advanced training courses. For 30 years of continuous work, compulsory courses amounted to as much as 2 years. The prosecutor's office did not like this "reply", and after the prosecutor's check, the Fund's officials changed their position, assigning a pension, albeit a modest one. The prosecutor's office also helped one of the Yakut pensioners, who for 2 years was also denied a pension. After conducting an audit, the prosecutors not only proved the existence of circumstances for early retirement, but also insisted on the payment of debt for past periods in the amount of 230 thousand rubles.

Cases on the restoration of the rights of Russians engaged in labor activities during the Second World War should be brought into a separate category of prosecutorial checks. Let us remind you that, according to the legislation, they are equated with veterans of the Great Patriotic War. Based on this, as reported by the Prosecutor General's Office, law enforcement officers managed to achieve a recalculation of pensions for hundreds of pensioners in Moscow, Kaluga, Bryansk and other large cities. However, in each of the cases, the key role is still played by the pensioner himself, who is ready to fight for his rights - without their appeal, the prosecutor's office is powerless.

How to protect yourself

The modern reality is such that the existence of work experience often has to be proved even to those who have worked all their lives at one enterprise. What about those who, by virtue of their profession, often had to change jobs? Confidence that all income and seniority will be taken into account can only be due to official information, which is not so difficult to obtain today. If earlier, in order to obtain such data, it was necessary to visit the district office of the Pension Fund of the Russian Federation, stand in line, write an application and wait for an answer, but today it is enough to have access to the Internet. Through the portal for the provision of public services, you can enter your “personal account”, which electronically stores all information regarding the pension points collected over a lifetime (in any case, those about which the FIU has information), about paid insurance payments, about places employment, etc. The system generates all this information on the basis of data received from employers, so if there are inconsistencies, you should not wait for the onset of a pension - start “looking for ends” today.

Contact the employer whose information is not in the system. Within three days from the moment of applying, if you, of course, worked there officially, you are required to provide all information about your work activities, including salary received, deductions, orders, length of service, etc. If such information is not available, testimonies, copies of employment contracts, extracts from the work book, etc. will do. By the way, anything that can prove your work activity. With this evidence, you should contact the FIU for a review of the data, and if you refuse to comply with it, you should contact the prosecutor's office. Those whose retirement is yet to come need to take care of protecting their pension rights in advance, therefore:

  • always keep employment contracts until you confirm that details of a particular job are available in the Pension Fund;
  • never throw away payslips and other documents confirming the amount of your salary;
  • seek certificates confirming work in difficult, harmful or dangerous conditions, if such work has taken place;
  • check the accuracy of the records of work books after dismissal - personnel officers are required to enter all periods of work in production;
  • save the contacts of colleagues in case you need to confirm the experience.

And the last thing - try not to accept a job without registration, because you allow your employer not only to save on you - you are depriving yourself of your future pension.

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, how:

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 for 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:

  1. The year is equal to the calendar year.
  2. For medical staff who performed their immediate duties in the city or in the countryside - 1 is equal to 1 year and 3 months;
  3. 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, how:

  • 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:

  1. Until January 1999, all labor activities that were carried out in the medical field are included, including also part-time work.
  2. 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:

  1. The probationary period in the process of hiring gives full right to the provision of preferential service.
  2. 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 transition period of the reform (starting from 2023), physicians 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 delay will already be 18 months, that is, 18 months will be added to the date of service, and only then does it become 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:

Have questions?

Report a typo

Text to be sent to our editors: