general characteristics
Unfortunately, not all citizens have sufficient legal culture.
That is why many workers are not aware of some of the nuances of the current legislation regulating the right to early retirement. All benefits, rights, additional payments and many other important legal elements are enshrined, first of all, in the Labor Code of the Russian Federation. Early retirement (Article 27 of the Federal Law “On Labor Pensions of the Russian Federation”) is a direct connection with the professional activity of a particular person, carried out under specific production conditions or stipulated by certain social norms.
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Thus, a person who carries out his labor activity in production with unusual working conditions has the right not only to various types of benefits, but also to early payments. Moreover, the profession must be truly “harmful”: the full list of difficult jobs was approved by the Council of Ministers of the USSR, but has remained virtually unchanged to this day. Who retires early? This will be discussed further below.
Receiving a pension for health reasons: registration of disability
Early retirement benefits are payments every 30 days that begin to be transferred to a Russian citizen no earlier than 2 years before the established age for retirement. Such benefits can be received by citizens registered with the Employment Center and persons who have worked for at least 20 years (applies to Russian women), 25 years (applies to representatives of the stronger sex).
If they feel unwell, people who are employed in heavy or hazardous plants and factories may retire. Harmful conditions include physical labor and psychological pressure. In this case, a reduced length of service comes into effect, which allows you to retire early.
Harsh working conditions are those that affect humans: loud noises, radiation, vibrations, high or low temperatures, microorganisms, hazardous chemical components. If there is dust and dirt in the workplace, a poor-quality light source, or high humidity, work activity is considered hazardous and harmful to health.
Early pension applies to miners, railway workers, drivers of public transport vehicles, teachers, doctors, and miners. Also, Russians who work in the metro, prisons, aviation and search industries will receive early retirement. Blind people, midgets, dwarfs, and Russian women who are raising more than 3 children can write an application to leave their place of work ahead of schedule.
Experts tell us whether it is possible to retire early due to health reasons. If a Russian constantly feels unwell, he should seek qualified medical help. A medical and social examination will be appointed, after which it will be possible to issue a disability pension. The specifics of processing this payment are prescribed in federal legislation. It is received by persons with disabilities (group 1-3). Sometimes a Russian can count on receiving 2 pension benefits: labor and social.
Disability insurance payments are assigned to persons who have the appropriate status. It does not matter how many years a person has worked, whether he is employed now or not. To apply for a pension ahead of schedule due to health reasons, you should contact the MFC or the Pension Fund. The organization’s employees will once again clarify the list of documentation that is needed to apply for a pension. The citizen will definitely have to write an application, provide originals and copies of his passport, a doctor’s report, and a work record book (if any).
The condition for early retirement due to health reasons is the status of a disabled person and the availability of at least 1 working day (if this is not available, the person will begin to receive social benefits for disability).
Registration of pension
Due to the pandemic, the pension fund has simplified the procedure for assigning a number of benefits, as well as registering pensions.
Assigning a pension through your personal account
You can now apply for early retirement remotely: using the Pension Fund website or your personal account on the State Services portal. The share of such requests has already reached 70%.
Personal accounts of pensioners are filled with information about length of service and wages by the pension fund in advance. Therefore, registration of pensions during this period of time does not require a personal visit.
Remote pension assignment by phone
When a person does not have the opportunity to fill out an electronic application for a pension, you can contact the Pension Fund by phone. Then consent to receive a pension is formalized by a special act. It is on its basis that further registration processes are launched.
Pension fund employees should not request personal data: SNILS, bank card number, and especially its PIN code, as well as passwords to your personal account. If people ask for such information over the phone, they are scammers. If you suspect fraud, it is recommended to immediately stop communicating.
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Categories of citizens
An early pension is the option of receiving monthly payments, in which the permitted age will not reach more than 2 years later. Persons who are in a Russian employment center as unemployed, as well as those who have appropriate work experience (20 years for females and 25 years for males), can apply for such a pension. Accordingly, early pensions in the Russian Federation are issued only to those persons who meet the above criteria.
The presence of harmful or difficult working conditions in work invariably entails the possibility of receiving an early pension. Harmful working conditions are considered to be physical or psychological stress, and more recently, work in the Far North. Russian legislation establishes the possibility of obtaining so-called shortened work experience. It is thanks to him that it will be possible to receive early pension payments.
It is also worth noting that the worker has any serious illnesses. If continuing to work is impossible due to health reasons, then early retirement can be issued only if a special medical report is provided to the employment center.
Federal Law of the Russian Federation No. 400 contains more than 20 points, which indicate both the conditions for early retirement and some professions in which one can qualify for early retirement. What exactly is worth highlighting here? Here are some of the specialties specified in the law:
- railway workers;
- search engines and geological prospectors;
- miners;
- public transport drivers;
- workers of river and sea vessels;
- aviation workers;
- rescue workers;
- persons working underground (miners, metro workers, etc.);
- workers in the field of execution of punishments (prison workers);
- teachers;
- community health workers;
- theater workers and some other workers.
Among other things, special categories of citizens are distinguished here:
- mothers of many children (raising more than five children);
- visually impaired;
- persons injured as a result of hostilities;
- dwarfs and midgets;
- workers of the Far North.
All of the above persons can receive an early pension. At what age is retirement possible? This will be discussed further below.
The question of how to retire early is regulated by many Russian federal laws. What rights does a citizen who plans to retire early have?
A citizen is able to demand from his employer all the necessary documentation necessary for transfer to the employment center or the Pension Fund of the Russian Federation. Moreover, the employer of the enterprise must confirm the preferential length of service of the employee. If the employer for some reason does not do this, then such a task is assigned to the relevant government body.
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As soon as the employee receives a pension insurance certificate, all information about his “movements” will be taken into account by the Russian Pension Fund.
SP = PC*S*K FV*K
Here:
- FV - basic payment;
- C - the cost of one coefficient at the time of registration of a pension;
- PC is the total amount of pension type coefficients earned;
- K - increasing indices to PV.
All persons who have correctly completed the necessary paperwork at the Employment Center and the Pension Fund have the right to receive an early retirement pension.
List of hazardous professions
If an employee carries out his labor activity in a job with harmful characteristics of work, then the possibility of early retirement increases significantly. Which professions fall under the category of “harmful”? Since Soviet times, a classification has been preserved that allows one to accurately determine the degree of severity of labor. Thus, there are four levels of professional activity:
- 1st degree. It implies minor changes in the body that quickly pass when a person stops his work activity.
- 2nd degree. It is characterized by the presence of persistent changes in the body, leading to the development of chronic ailments. This especially applies to persons working in “harmful” production for more than 15 years.
- 3rd degree. Working with such a level of harmfulness entails permanent destruction of human health; Complete loss of ability to work remains possible.
- 4th degree. Indicates a complete functional disorder and the presence of other processes harmful to the body, leading to loss of ability to work.
The issuance of each such degree is possible only if attention is paid to the following points:
- increased dust content in the air, the presence of dirt;
- poor quality lighting;
- loud noises;
- harmful radiation;
- working with harmful microorganisms, viruses, bacteria, chemicals, etc.;
- increased vibrations;
- high level of humidity;
- air temperature is too low or too high;
- duration of stress in work activity and much more.
From all the presented criteria, another classification is based: List 1 is professions with a critical degree of harm, and List 2 is certain types of heavy professions and positions. Both of these lists can be easily found on the official website of the Ministry of Labor.
About early retirement
“The company where I work is being liquidated. I am 6 months short of retirement age. It is unlikely that you will be able to find a job at this age. I heard that there is a provision for early retirement. Please clarify the law on this issue.” N. T. ILYIN (Kursk).
The head of the department for supervision over the legality of legal acts, observance of the rights and freedoms of citizens of the prosecutor's office of the Kursk region, Tatyana EFIMOVA, answers: “Part 2 of Article 32 of the Law of the Russian Federation No. 1032-1 of April 19, 1991 “On Employment of the Population” (as amended on June 3, 2009 .
Conditions for early retirement
How to apply for an early pension in the Russian Federation? To begin with, you should pay attention to the following conditions:
- Employee age. It must be at least 53 years old for women and 58 years old for men.
- Having unemployed status.
- Compliance of work experience with the deadlines established in the category.
- Personal will of the person applying for early retirement (if the person was laid off).
- If the applicant is a mother raising more than five children.
If the appropriate conditions are met, it is worth paying attention to the contents of the so-called lists 1 and 2, mentioned above. Thus, a woman belonging to list 1 has the right to a pension upon reaching 53 years of age, with a total working experience of 15 years. The duration of work in hazardous production should not be less than seven years. In accordance with List 2, a woman can apply for a pension from the age of 45. The working experience should not be less than 20 years.
What do the lists say about male workers? In accordance with List 1, a man who has reached 50 years of age can apply for a pension after accumulating 20 years of service. List 2 sets the minimum age of a worker at 55 years and 25 years of work experience (12 in hazardous conditions).
Thus, an early old-age pension can be obtained not by all persons, but only by those who meet the above criteria.
Is it possible to retire early?
To retire early, you must adhere to a number of conditions on the basis of which a citizen has the right to early retirement. This right is provided for by the Law of the Russian Federation “On Employment of the Population in the Russian Federation”. Conditions for early retirement include:
Based on the Law “On Employment of the Population in the Russian Federation”, all conditions must be present for early registration; if any of the conditions are not met, you will be denied early retirement.
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Early pension in the Russian Federation: registration procedure
What actions need to be taken to receive early pension payments? First, you should contact your local Employment Center with a corresponding application. They will give you a document that you need to fill out. The authority will definitely help you prepare the paper in a high-quality manner. Within a month, the Employment Center will provide the citizen with a response - with consent to carry out further work or with a justified refusal.
What do you need to provide to the Employment Center in addition to the application? As a rule, these should be the following documents:
- passport and its photocopy;
- military ID;
- child’s birth certificate (if the employee has children);
- original and copy of work book.
The Employment Center may also request the following documents:
- certificate of dependents;
- address statement (about place of residence);
- disability certificate;
- certificate of upbringing of a child under eight years of age;
- document on family composition;
- certificate or certificates of guardianship.
The authority may request many other certificates - for example, individual documents from work. It is very important to fill out all the papers correctly and correctly, check for the presence of seals and signatures.
Reductions or liquidation of the enterprise
It is far from uncommon for situations when an employee of pre-retirement age suddenly loses his job. The reason for dismissal can be mass layoffs in the organization, job elimination, and much more. Naturally, almost no organization expresses a desire to hire a person who has very little time left before retirement.
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The situation, I must say, is very uncomfortable, and often completely hopeless. Still, the citizen wants to “finish off” his work experience, but there are no opportunities for this. What to do in such situations? This is where you should ask yourself the question of how to retire early. The first thing to do is to compare your indicators with those required for early payments, compare past working conditions with the required “harmfulness”.
- dismissal from work was based only on the reason of staff reduction or liquidation of a workplace (one’s own desire and medical indicators are not taken into account);
- having a certain length of service (25 years for men and 20 years for women);
- the citizen is a member of the employment service;
- There are no suitable vacancies on the labor exchange.
If citizens have committed offenses that resulted in the termination of social benefits, then they should not expect early retirement.
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Moscow Viewed 173 times. Asked 2012-01-02 14:04:13 +0400 in the topic “Pensions and social protection” Is it possible to restore the unit to the lists? — It is possible to restore parts to the lists.
Pension for health reasons I understood this point this way: if you are fired, you go to the employment service and register there. After about six months, if they don’t find a job for you, you are offered to bring a refusal from any five places (factories, enterprises, etc.) that you are not needed there. You bring a refusal. Then the employment service, due to the lack of vacancies for you and due to the state of your health, sends you to retire - my sister retired two years earlier, although she was reduced.
Can they refuse?
Quite often, the Employment Center or the Pension Fund of Russia refuses citizens to apply for an early pension. As a result, applicants have to go to the courts and resolve cases there. Naturally, such examples illustrate the unsatisfactory level of state protection of citizens' rights to receive pensions. And yet it is worth citing the main reasons for refusing early retirement. Here you need to highlight:
- the citizen does not have the proper rights to early retirement (the citizen does not have the proper length of service or forgot to find out at what age they retire);
- complete liquidation of the organization in which the employee worked;
- lack of a complete package of documents (or part thereof) confirming the right to early pension payments;
- an alternative job with an appropriate salary was offered at the Employment Center;
- submission of documents to the Pension Fund or Central Bank was carried out when unemployment contributions were stopped;
- unemployment benefits come from your previous place of work;
- Central Protection or Pension Fund employees acted unlawfully.
What should be done if the above authorities received a refusal? How to retire early no matter what? There is only one way out here - to contact higher authorities. A complaint is filed with the same Pension Fund; All necessary documents must be attached to it. The complaint will be considered within a month.