But at the same time, few people know how 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

If questions arise about the correctness of pension calculations for preferential health workers, you need to know the legislative norms that govern this issue.

In particular, we are talking about such laws, How:

Possible changes

In 2019, due to the pension reform, preferential retirement for doctors will not be abolished, but additional conditions have appeared.

The Ministry of Labor proposed to Dmitry Medvedev to increase the length of service, the presence of which allows for preferential treatment for medical workers.

It was originally planned that from January 2016 the change would come into effect, which would gradually would increase the calculation factor retirement.

These changes would be the following:

By and large, this could lead to the following figures for length of service:

• for rural areas – 30 years;
• for urban areas – 35 years.

But to this day, such changes are under consideration by the Government of the Russian Federation and therefore they have not yet been adopted. It is still very early to say when exactly 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 the corresponding application for processing payments.

For medical personnel key condition It is generally accepted to consider the length of service, which in part depends on.

Medical employees have every right to claim early retirement if there is such length of service duration:

In this case, it is necessary to take into account the fact that no age restrictions, or rather they are simply not taken into account.

For this reason there is several options for accruing experience:

1. The year is equivalent to the calendar year.
2. For medical employees who performed their direct duties in urban areas or in rural areas - 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 have been met, the preferential premium 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 positions, How:

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

For other categories of medical employees, length of service is calculated according to the standard 1 to 1 scheme. But this does not apply to employees in rural areas.

Periods of service that are counted towards a preferential pension for doctors

Often, questions arise among medical employees that relate directly to the calculation of seniority itself. What period of work in the medical field 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 resolution clearly states conditions for enrollment for certain periods labor activity in preferential length of service:

1. Before January 1999, all work carried out in the medical field was included, including part-time work.
2. Starting from January 1999, only those work activities that were carried out under the terms of a standard or reduced work schedule can be taken into account. In the event that a medical worker performed labor activity on a part-time basis - this period is not taken into account when determining the preferential length of service.

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

1. Passing period probationary period during the hiring process gives full right to grant preferential seniority.
2. In the case of illegal dismissal or transfer to another position, forced absenteeism with full pay.

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

Under violation of discipline implied:

• working while drunk;
• violation of safety rules and so on.

Procedure for calculation and accrual of payments

You can determine the correct grace period for your seniority yourself. To calculate, it is enough to know the total quantity full years, which were developed in the field of medicine.

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

Let’s imagine that a midwife carried out her work in a city maternity hospital. She worked there for 5 years, and then changed jobs and moved to PGT. She worked in her new place for 18 years.

In such a situation total length of service (preferential) is:

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

• 6 – number of additional months (5 years multiplied by additional 6 months annually);
• 3 – the number of additional months when working in an urban village (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 should I contact?

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

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

If an applicant for a pension does not work anywhere, he must apply immediately to the territorial department of the Pension Fund.

Citizens who, for some reason, cannot independently apply to the Pension Fund can send all documents by mail in the form of a registered letter. The letter must include an inventory.

The possibility of registration by third parties is allowed if there is a notarized power of attorney.

What documents need to be prepared?

When contacting the Pension Fund to submit the necessary documentation, it is necessary to take into account the fact that, at the request of fund employees, the list of documents can be expanded as necessary.

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

In this case, you should definitely pay attention to the fact that the documents are submitted in originals and copies.

In the event that during working period the surname or the name itself has been 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 Pension Fund employees to require income certificate 60 months before January 2002.

Pension Fund employees may require additionally provide:

• a certificate confirming 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 drawing up the application itself, this is done when submitting documents under the supervision of Pension Fund employees or according to the sample that is provided.

What is the review period?

After submitting the entire package of documents, the decision period is 30 calendar days.

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

What changes since 2019?

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

After the end of the transition period of the reform (starting from 2023), doctors will be able to become pensioners only 5 years after completing the required length of service.

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

For example, a medical worker will have exactly 30 years of work experience in a city hospital on 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 deferment will already be 18 months, that is, 18 months will be added to the date of completion of the length of service, and only then will the opportunity to retire for long service appear.

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

The following video describes early retirement for healthcare workers:

An early teacher's 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 receive an early pedagogical pension.

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

Grounds for granting early retirement to teaching staff

One of the essential conditions for the appointment of an early pedagogical pension is the certification of facts indicating that citizens carry out labor activities in the field of education with children. Situations often arise when the necessary information may not be available either from the employer or from the pension fund. If these circumstances arise, the pension fund refuses to grant an early teacher pension. A lawsuit on your issue will correct the situation.

The procedure for applying for early pension provision is as follows:

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

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

ATTENTION: watch the video about the assignment of preferential pensions to teachers, medical 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 teacher retirement

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

• in general educational institutions, namely schools, gymnasiums, lyceums
• boarding schools, gymnasiums - boarding schools
• institutions for children without parental care, as well as orphans, shelters.
• preschool educational institutions.
• children's and youth sports schools.
• children's healthcare institutions, such as an orphanage, as well as sanatoriums for children of various types.

A more complete list of when early retirement is possible for persons engaged in teaching 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
• teacher
• teacher speech therapist
• music director
• military leader
• supervisor physical education
• social teacher
• labor instructor
• other positions related to teaching activities.

List of documents for receiving an early pedagogical pension

Here is an approximate list of documents that must be submitted to the authority simultaneously with the application for a pension:

1. Passport;
2. SNILS;
3. Employment history;
4. Certificates clarifying the nature of the work;
5. Military ID;
6. Copies of children's birth certificates;
7. Copies of marriage certificates (change of surname).

Consideration of the application. At this stage, the pension fund authority checks the validity of the periods to be included in the length of service, and also assesses your pension rights. The assessment of pension rights should be understood as determining the size of your future pension.

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

Judicial procedure for assigning early pedagogical pension

If the pension authority refuses to grant you a pension, your rights must be protected in court. Here it is worth paying attention to the following nuances:

Statement of claim for appointment of early labor pension teachers

Pension funds often violate the rights of citizens to receive an early pedagogical pension, and a decision is made to refuse.

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

ATTENTION: the deadline for appealing the decision of the pension fund to refuse to grant 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 is known total term The 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 any deadlines 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 go to court.

Which court should I go to? statement of claim? Such a statement of claim should be filed with the court at the location of the authority. Do not confuse with the place of distribution of authority of the body. So, for example, the pension authority of one region may be found in a completely different one, and the statement of claim will be filed precisely with the court at the actual location of the pension fund.

Procedure of trial:

1. Preparation of a statement of claim. Don’t forget to pay the state fee and prepare a package of documents for other parties involved in the case;
2. Filing a claim in court. We have already discussed the jurisdiction of this category of cases above;
3. Dispute consideration;
4. Obtaining a court decision;
5. Applying to the pension fund authority with a court decision to assign your pension.

How to calculate teaching experience?

According to the current legislation, teachers, lecturers, educators and other teaching staff have the right to an early pedagogical pension, subject to the appropriate length of service and without taking into account the age of the applicant.

The following should be taken into account:

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

At the same time, applicants should not forget that 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 work activity was carried out over a full working day, with paid insurance premiums. A working day should also be understood as fulfilling the academic load established for the wage rate. Also, for certain categories of workers working in rural areas, performing a full workload is not a prerequisite.
• subject to offset periods of temporary incapacity, and periods of annual leave.
• period of maternity leave, both up to 1.5 and up to 3 years, is subject to credit towards length of service if such a period began before October 1992.
• Is study included in teaching experience?? Yes, taking courses to improve your qualifications and studying as directed by your employer are mandatory. In this case, the period of your initial professional training is also subject to credit. However, for its inclusion there is a condition that immediately before the period of study and after its completion there was teaching activity.
• periods of military service on call. Such periods are also subject to inclusion in length of service, subject to certain conditions;
• other periods when early retirement of teaching staff is possible.

Regulatory documents for assigning a pension

The regulatory framework defining the right to early pension provision for length of service in connection with work in educational institutions.

It is worth noting that in different time In your work activity, there were various regulations defining working conditions and rules for calculating length of service giving the right to early retirement. These regulations differ from each other. For example, previous legislation made it possible to include a certain list of positions in comparison with the present one. Taking this into account, the current regulations allow you to include and calculate length of service, taking into account the norms and rules of the legislation that was in force during the period of your working activity. There are four such acts, namely:

1. List of positions and institutions in which work is counted towards the length of service giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 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 assigned early in accordance with Article 27 of the Federal the 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 assignment 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 defines the range of positions. and a list of relevant institutions. The validity of such a list is from 01/01/2002. Such a list can be applied both to periods of work occurring after its introduction, and before.
2. List of positions in which work is counted towards 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 towards the length of service giving 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 length of service for assigning a pension for long service in connection with teaching activities in schools and other institutions for children" . The so-called intermediate list based on its validity period, which was from November 1, 1999 to December 31, 2001 inclusive;
3. List of professions and positions of public education workers whose teaching activities in schools and other institutions for children entitle them to a pension for long service according to the rules of Article 80 of the RSFSR Law “On State Pensions in the RSFSR”, approved by a resolution of the Council of Ministers of the RSFSR dated September 6, 1991. N 463 “On approval of the List of professions and positions of educational workers whose teaching activities in schools and other institutions for children give the right to a pension for long service.” The validity period of this list is from January 1, 1992 to October 31, 1999 inclusive;
4. List of institutions, organizations and positions in which work gives the right to a pension for long service (Appendix to the Resolution of the Council of Ministers of the USSR of December 17, 1959 N 1397 “On long service pensions for workers in education, health care and agriculture”). This list is applicable to periods of work prior to 01/01/1992. One of the most loyal lists to teaching staff.

Assistance from a lawyer in assigning a teacher's pension

Pension lawyers of our legal education have extensive experience in solving pension issues, as well as constant judicial practice, thanks 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 assigning early pensions to teaching staff.

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 completed the length of service established by law in such production, has the right to reduce the retirement age:

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

It would seem that everything is clear: you have completed your work experience and at the age of 55 you bring documents to the Pension Fund. However nuances when applying for a preferential pension there are a huge number. Based on them, the Pension Fund may not count the preferential (special) length of service into the length of service; accordingly, the employee no longer has the right to a preferential pension according to list 1 or 2. Moreover, cases of suspension of payment of a pension already assigned due to, as the pension fund clarifies, with newly discovered circumstances. In this case, the pensioner has to file an appeal to the court, and the pension is restored, only on the basis of a court decision. The most common reason for refusal by the Pension Fund is the inconsistency with the position, profession, specialty named in lists No. 1 and 2. In the overwhelming majority, the refusal to accept special experience for registration concerns the period of the nineties.

The impression is created that the Pension Fund branches have an intention to issue pensions on preferential terms as little as possible, thereby saving budget resources. This may be true: some will not go to court, and some will lose the trial. That's the savings. In addition, as mentioned above, even if the employee wins the case, his pension will still be assigned not on preferential terms, but by court decision. Apparently this is important for Pension Fund statistics.

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

In the case of refusals to grant 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 early 90s. When enterprises closed, new forms of production were created, entrepreneurs and businessmen appeared. At that time, few people understood what normative acts to base the management of an enterprise on, since the Soviet Union no longer exists, it seems its norms do not apply, and there are no new norms yet. So everyone did their best. And at new enterprises they didn’t give a damn about all these lists, harmfulness, ETKS, etc. If you want to get money, work; if you don’t, good-bye. Therefore, in many cases there is no record at all that the employee worked in hazardous work. But most often, the Pension Fund’s refusal to accept special experience is due to incorrect, in their opinion, wording. Therefore, even if an employee worked honestly in hazardous work in the nineties, this does not mean that he will retire earlier than his peers.

One such example is the paramilitary mine 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 today - after all, the equipment needs to be operated, reconstructed, repaired, carried out maintenance, etc. Therefore, without mine rescue services, the functioning of this structure is impossible.

During the period of active construction, mine rescue services were carried out by a militarized mine rescue unit, which was liquidated in 1990. Naturally, the enterprise immediately received an order from Gostekhnadzor about the need to organize mine rescue services, otherwise the operation of the hydroelectric power station would be impossible. Stopping the KHPP, which produces 95% of electricity in the Magadan region, would mean a disaster on a regional scale. Therefore, it was decided to organize a mine rescue platoon as part of the KHPP.

In accordance with the regulatory documents of the USSR of that time, employees of mine rescue units enjoyed benefits, including early retirement according to List 1, on the basis that their work was associated with particularly harmful and especially difficult working conditions: in an underground complex, in 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 particularly harmful and particularly difficult working conditions. Subsequently, after the Ministry of emergency situations, relevant regulations were issued, and the gradual transition of mine rescue units to the Ministry of Emergency Situations began. By the way, it continues to this day. Other standards apply to emergency workers pension legislation, we do not consider this issue here.

Now, after almost a quarter of a century has passed since the organization of the mine rescue service at the Kolyma HPP, the time has come to issue a preferential pension to employees of the paramilitary mine rescue association, whose main period of preferential service was in the nineties. However, at the Pension Fund branches they are refused. The reason is the discrepancy between the position in which the mine rescuer worked, named in list 1. Namely: the position of the rescuer at the KHPP is “respirator operator of the mine rescue platoon”, in list 1 - “respirator operator of the mine rescue unit”. The fact that further, in the same list, the structure of mine rescue units, which includes platoons, is indicated, including the fact that the creation of separate platoons is allowed, the Pension Fund of the Russian Federation, for some reason, does not concern. In addition, the working conditions for a platoon mine rescuer are no different from a unit mine rescuer - the job responsibilities are identical, the Combat Regulations are the same for everyone.

So mine rescuers have to go to court. It must be said that all the claims of VGSV employees are satisfied by the courts and the Pension Fund of the Russian Federation, based on the court decision, assigns a pension, but this situation has already frayed the nerves of many. And many are yet to come.

Having personal experience litigation with the Pension Fund of the Russian Federation on the issue of preferential length of service, I advise you not to be afraid to file claims in court. In this specific 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 to grant a pension, in references to the courts, sometimes ridiculous statements were made, reasons were given that could not be called anything other than “pulled out of thin air” or “far-fetched”. Pension Fund lawyers often operated with regulations that had nothing to do with the case under consideration and were in force outside the period under review; unsubstantiated speculation was cited as evidence.

To illustrate, I will give a couple of examples. One of the reasons why I was denied a preferential pension, which lawyers laid out in court (!), was that the Kolyma hydroelectric 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 commissioned the KHPP in 2007, and, most importantly, that the need for mine rescue services is determined by regulatory authorities, in particular Gostekhnadzor. The Pension Fund of the Russian Federation probably cannot be classified as such a body. Otherwise, PFR lawyers will start asking questions of the order: “Why does your company need a welder, screw it on with wire and it will work!”

The second example is the provision on the preventive work of the VGSV KGES, on the basis of which the PFR lawyers considered that the VGSV employees are engaged only in preventive maintenance and there is no reason to assign them a preferential pension. However, not only was this regulation issued after I resigned from the VGSV, but, most importantly, it does not cancel any of the responsibilities of the mine rescue unit to save people and eliminate accidents, but, on the contrary, increases the amount of work with preventive measures that are carried out , for the most part, in an 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 KHPP and Kolymaenergo, which includes KHPP, towards their former employees, in particular when applying for a preferential pension according to list 1. For example, I was not provided with any help - not even 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 platoon commander of the GSV KHPP, and then solely thanks to friendly relations. I think that it is unlikely that there will be any help from this side and former employees VGSV, who are now trying to apply for a pension according to list 1.

Moreover, this organization declares that work on list 1 has not been carried out at the Kolyma HPP since the year 2000. However, if this information is correct, then how should I treat the certificate available to the pension fund in my personal file, specifying the special nature of work with particularly harmful and especially dangerous working conditions during the period, including in 2000 and 2001- m year. This certificate was issued to me by the personnel department of the Kolyma Hydroelectric Power Plant upon dismissal. And what benefits in the pension plan do the mine rescuers of VGSV KHPP have now in this case? It turns out - none.

To all colleagues who intend to go to court to obtain a preferential pension, I am ready to provide assistance - with advice or documents. I post some of them here as an example.

The Russian pension is far from the concept of truly well-deserved rest and dignified old age. We regularly publish materials about the difficult life of Russian pensioners, about the meager amount of pensions in the country, and about the problems they have to face. And recently, French economists generally considered our country. And it would be fine if it were only a matter of low pensions, the terrible situation 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 other problems still find at least some explanation, then how can one justify the need to humiliate oneself in the fight for the payments deserved by decades of work? good question. Be that as it may, the fact remains that the database of judicial acts is daily updated with decisions regarding pensioners suing the Pension Fund. Old people have to challenge the low amount of insurance payments or even the refusal to provide them, which clearly looks like a blatant violation of the law. Although the representatives of the Pension Fund of Russia can be understood - they are only “cogs of the system”, carrying out installations in the presence of formal signs.

It's all the fault of the HR departments and the Pension Fund of Russia

There are plenty of reasons for such humiliation among the elderly: some made mistakes in their documents, some did not make additional insurance payments for them, while others fail to prove that they have several years of experience giving them the right to a pension and increased payments. An indicative example is Marina Kuznetsova from the Sverdlovsk region, which was described by Arguments and Facts. A woman who had worked in an official job all her life was not counted for about 10 years of experience, which caused a multiple reduction in her pension. The Pension Fund justified this decision 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 trying to prove her case in the courts, citing the guilt of personnel officers, but in the end she achieved her goal. But not everyone has enough determination.

According to trade union representatives, Among all refusals to grant a pension, the most common one is early retirement. Many categories of workers apply for it: doctors and teachers, military personnel and pilots civil aviation, mothers of many children, miners, metallurgists and representatives of other professions associated with hard and harmful work. But if those who worked for the state have no problem proving their right to benefits, then representatives of hazardous professions often experience problems. It even happens that the company was liquidated long ago, the archives are lost, and the Pension Fund of the Russian Federation refuses to take into account the preferential length of service. As a result, they may cut off several thousand rubles from their pension or even refuse to grant it early, as was the case with some employees of the Taganrog Metallurgical Plant. Here you certainly can’t do without courts.

Often the reason for such refusals on the part of the Pension Fund is employer ignoring the obligation to pay insurance premiums. And when it comes to harmful working conditions, the employer is required to make additional contributions, which is ignored in practice. The absence of these often becomes the reason for refusal to grant an insurance pension upon reaching 55 years of age. But according to the law, this is not a basis for refusing to grant an early pension - it is not the employee’s fault, which is confirmed by Resolution of the Constitutional Court of the Russian Federation No. 9-P dated July 10, 2007.

The situation is similar with advanced training courses for doctors and teachers - their Pension Fund refuses to be included in the work experience. In controversial situations, this can also deprive pensioners of a well-deserved early rest, which is what 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 pension

True, not everyone is able to defend their rights. And it’s not even a matter of determination, but a simple lack of funds to protect one’s own interests - the services of lawyers are too expensive, especially when the elderly remain lonely 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 to get a well-deserved pension for more than 4 years. Having worked at a local poultry farm for a full-time work experience of 30-40 years, many of them were surprised to learn that the archives of their enterprise had burned down and, as it were, they no longer had experience... Due to the lack of proof of work, the Pension Fund took it and assigned it to everyone social pensions, which often don’t even reach 8 thousand rubles. The locals even made it 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.

Thus, the same prosecutor’s office has already repeatedly helped pensioners. For example, one of the Tver doctors who achieved retirement age and having insurance experience, were denied a pension due to insufficient insurance experience, which did not include advanced training courses. For 30 years continuous operation compulsory courses amounted to a full 2 ​​years. The prosecutor’s office did not like this “excuse”, and after a 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 was also denied a pension for 2 years. After conducting an audit, prosecutors not only proved the existence of circumstances for early retirement, but they also insisted on paying off the debt for past periods in the amount of 230 thousand rubles.

Cases aimed at restoring the rights of Russians who worked during the Second World War should be placed in a separate category of prosecutorial checks. Let us remind you that, according to the law, they are equated with WWII veterans. 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 case, the key role is 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 that work experience often has to be proven even for those who have worked at the same enterprise all their lives. What about those who, due to their profession, had to change jobs frequently? Confidence that all income and length of service will be taken into account can only be determined by official information, which is not so difficult to obtain today. If previously, to obtain such data, it was necessary to visit the district Pension Fund branch, stand in line, write an application and wait for an answer, today all you need to do is have access to the Internet. Through the government services portal, you can log into your “ Personal Area", in which all information regarding pension points collected over a lifetime (in any case, those about which the Pension Fund has information), insurance payments paid, places of employment, etc. is stored electronically. The system generates all this information based on data received from employers, so if there are inconsistencies, you should not wait for your pension to arrive - start “searching for clues” today.

Contact the employer whose information is not in the system. Within three days from the date of application, if, of course, you worked there officially, you are required to provide all information about your work activities, including the salary received, the amount of deductions, orders, length of service, etc. If such information is missing, witness statements, copies employment contracts, extracts from the work book, etc. By the way, everything that can prove your work activity. With this evidence, you should contact the Pension Fund for review of the data, and if you refuse to comply, contact the prosecutor’s office. Those whose pension is still ahead need to take care of protecting their pension rights in advance, therefore:

• always keep employment contracts until you confirm that information about a specific job is available to the Pension Fund;
• never throw away pay slips and other documents confirming the amount of your salary;
• seek to obtain certificates confirming work in difficult, harmful or dangerous conditions, if such work took place;
• check the accuracy of records work records after dismissal - HR officers are required to contribute all periods of work in production;
• keep your colleagues’ contact information in case you need to confirm your experience.

And lastly, try not to accept a job without registration, since you allow your employer not only to save money on you - you are depriving yourself of a future pension.