Special work experience - what is it and why is it needed?

Last modified: January 2020

Today, in order to retire early, a citizen needs to earn a special insurance period. In addition, the following may be required: reaching a certain age and accumulated insurance experience.

The insurance period is the period when insurance payments were made for a citizen to the Pension Fund of the Russian Federation.

Work experience provides for work on the territory of the state, outside of which is based on an employment contract, while insurance adds activity on the basis of a civil contract, and service is also included here. The duration is calculated in total.

Earlier in January 2020, the pension was called labor (Federal Law No. 173 of December 17, 2001). It included two parts:

• insurance,
• cumulative.

In 2020, the concept of “insurance pension” was introduced (Federal Law No. 400 of December 28, 2013). Work experience is included in the insurance.

Types of pension:

• due to old age,
• due to disability,
• those who have lost their breadwinner.

Let's take a closer look at the first type of pension.

What is included in the insurance period

Special insurance includes the following periods:

1. insurance,
2. non-insurance.

Uninsured benefits are not work related. These are the intervals:

• military service, service in the Ministry of Internal Affairs, fire departments, drug control, execution of punishments;
• sick leave;
• looking after a child up to one and a half years old of one of the parents, no more than 6 years in total;
• supervision of a disabled person of group I, a disabled minor, an elderly person aged 80 years and older;
• payment of benefits to the unemployed, public works with payment;
• moving to a new place of work directed by the employment service, time of employment;
• imprisonment, exile of those unjustly convicted, subjected to repression and rehabilitated;
• stay abroad of the husband (wife) of employees of representative offices, consulates of the Russian Federation, international organizations, no more than 5 years in total;
• operational work;
• removal from work of unjustifiably imprisoned persons.

To enable these intervals, there must be safety intervals before or after them.

Experience in specialty

The time a person works in a particular field of work does not imply the provision of any benefits, additional payments or other preferences. The main point of the length of work in a specialty is to make it clear to the employer when hiring an employee that he is faced with a person with certain experience and possessing certain professional skills. Accordingly, the more work experience in the required specialty, the higher the chances of such an applicant to get a job in the organization.

However, in a number of professions, the length of work in the specialty can also influence the employee’s career growth. For example, in the Armed Forces, in order to receive the next rank, an employee must have a certain period of service in a lower rank. Assignment of a subsequent rank. Extraordinary assignment of a title is possible only in the form of encouragement for any merits. And in certain positions, work experience is the main condition for employment.

Thus, in order to be admitted to the bar exam, a lawyer must have, in addition to specialized education, a certain amount of practical work experience. To be appointed to the position of prosecutor of a region or republic, a justice worker must work for at least 7 years in lower positions.

Work experience in a specialty is the period during which a person performed work corresponding to his qualifications. This term is not disclosed in any way in the current Russian legislation, but is mentioned in some regulations.

In particular, in Art. 256 of the Labor Code of Russia, the mention of work experience in the specialty occurs in connection with the indication that the period of stay on parental leave is counted as length of service, including the so-called special experience, with the exception of situations where an employee retires early .

In relation to the military, experience in the specialty is mentioned in Part 3 of Art. 10 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ, which states that the period of contract service is counted towards length of service (general labor, civil service and work in the specialty) at the rate of 1 to 1, and the period of conscription military service — 1 day for 2.

In addition, work experience in the specialty is required to obtain a certificate of admission of SROs to perform certain types of construction and engineering work. According to Part 8 of Art. 55.5 of the Town Planning Code of Russia, in order to obtain a certificate, a requirement is also established: work experience in the relevant specialty for at least 5 years.

As for the qualification requirements for having work experience in the specialty, they are still prescribed for a number of employees, for example, those getting a job in internal affairs bodies (Part 7, Article 36 of the Law “On Service in Bodies...” dated November 30, 2011 No. 342-FZ) , to the insurance company (clauses 2 and 3.1 of Article 32.1 of the Law “On the Organization...” of November 27.

According to paragraph 2 of Art. 14 of the Law “On the Civil Service System” dated May 27, 2003 No. 58-FZ, the length of service in one type of civil service is added to the time spent working in another type of civil service or holding positions in the municipal or state service. According to clause 3, part 1, art. 6 of the Law “On the State Civil Service of the Russian Federation” dated July 27, 2004 No. 79-FZ, civil service experience is taken into account when calculating the length of service of a civil servant.

There are two opinions regarding how to count experience in a specialty (hereinafter also referred to as special experience). This situation arose due to the fact that this issue is not regulated by law, as a result of which in practice the following positions exist:

1. When calculating special experience, only periods of work in a specific profession or in a specific position are taken into account, regardless of whether there are documents on receipt of education in this specialty. To substantiate this point of view, the standards for determining length of service in the legal profession are used, formed in the instruction of the Ministry of Justice, the Supreme Court and the Supreme Arbitration Court of the Russian Federation dated December 27, 1996 No. 10. In particular, paragraph 4 of this instruction states that special experience is determined on the basis of entries made in the labor record. book. In paragraphs 1, 2 indicates that it includes work in government bodies, as well as in other institutions/enterprises in positions for which employment requires professional education, and if this is not the case, then the entire period of work in these positions is counted as special experience.
2. The special experience includes that time of work, the performance of which was carried out according to the qualifications corresponding to the received educational document (diploma, certificate, certificate). According to paragraphs. 1, 2 tbsp. 9 of Law No. 25-FZ, when filling a vacant position of a municipal employee, the applicant is subject to qualification requirements relating not only to the availability of special experience, but also to the level of professional education. That is, without submitting a document confirming receipt of professional education, a person cannot be appointed to a position.

According to clarifications from the letter of the Ministry of Health and Social Development on sending civil servants for professional retraining dated August 11, 2011 No. 17-3/1568, to fill civil service positions it is necessary that the applicant have a specialized education. However, if they plan to offer a position to an employee who has been laid off, but the education he has received does not correspond to the direction of activity of this department of the government agency, then the additional education he has received and practical experience in the required field are taken into account.

The second position is controversial, since in practice, applicants are often more required to have practical experience, which they can have while continuing their studies at an educational institution to obtain the appropriate qualifications.

In order to establish exactly how to calculate special experience - by the number of years of work in a position or from the moment of receiving the appropriate specialized education, each employer can develop a local regulatory act. This can be either instructions on the procedure for determining qualifications and other requirements that are presented to an applicant for employment, or the standard (rules) of an SRO. This document can clearly state which periods of work activity will be counted as special work experience.

So, the period of work of an employee in a certain position or in a specific profession is included in the length of service in a specialty. There is no clear legislative position on what exactly is included in such length of service. This means that the institutions themselves (enterprises, government agencies, etc.) can prescribe in their internal rules whether the period of specialized training is included in such special training or whether only the actual period of work in a given specialty (in a position) is taken into account.

Special insurance experience

This is the time of activity associated with harmfulness, danger, severity, or in a special climate, when mandatory insurance payments were transferred. The legal meaning of this term: it determines the right to early retirement. It is determined by Law 400-FZ of December 28, 2013.

Current legislature

State Duma of the Federal Assembly of the Russian Federation

Special experience is primarily regulated by:

• Federal Law – 340-1 dated November 20. 1990 “On state pensions”;
• regional legislative acts;
• and regulatory documents of local governments.

In addition to this law, special experience is regulated by a number of laws and regulations:

• Labor Code of the Russian Federation.
• Federal Law-76 “On the status of military personnel” in the latest edition dated June 28, 2002.
• Federal Law-3061-4 “On social protection..... of the Chernobyl Nuclear Power Plant”, latest edition 25.
• 06. 2002.
• Resolution (CM of the RSFSR) number 384 “On the assignment of... pensions... to flight test personnel”, last edition - 08/12/1002. Federal Law-10 “On Trade Unions...” dated July 25, 2002.
• Resolution of the Ministry of Labor, which explains the use of lists and lists of professions, jobs, positions, productions, in accordance with the Law of the Russian Federation “On Pensions”. It was published on May 22. 1996.
• By Decree of the Government of the Russian Federation No. 537 of July 18, 2002 “On lists...”.
• Presidential Decree No. 1141 dated September 20, 2010, as amended on May 19, 2011 “On the list of positions... for.. for length of service...”

Insurance early pension for military personnel

Military personnel can receive it. After leaving service, such citizens often work in civilian occupations. The administration of the enterprise pays insurance money for them.

A pension payment is established if the worker:

• insured in the compulsory pension insurance system;
• has reached the required age;
• accumulated special experience;
• accumulated certain points;
• is a military retiree.

The pension payment will be paid without a fixed amount, its value in 2020 is 4982 rubles.

The required length of service for such citizens is determined at the time they reach retirement age. For example, if a person receiving a military pension has reached insurance age in 2020, he lacks a year of experience, then he needs to complete it.

How is it calculated?

Calendar order

Subject to the conditions allowing for the accrual of early retirement (different conditions for each category), the calculation of professional experience is carried out in calendar order, years are converted into months, each month into thirty days.

Kovalev P.L. From March 1985 to August 1995, he worked as a timber harvester at the Zvezda enterprise, after which in the same month he moved to , where he worked in the same specialty until September 2001. Then he worked at OJSC Giatsint until 2010.

1. It is necessary to write down periods of work activity.

2. Add the dates of both columns separately:

• 12.03.1985 10.08.1995 15.09.2001 = 37.20.5981
• 07.08.1995 10.09.2001 12.11.2010 = 29.28.6006

From the second amount we subtract the first: 29.28.6006 – 37.20.5981 = 22.07.0025

Since when we subtracted the days column we got a negative value, we reduced the number of months by one, converting them to 30 days, which we then added to the negative number (-8 30).

We will also add one day from each period, since it was lost during the calculations (the day of dismissal).

Thus, Kovalev P.L. 25 years, seven months and 25 days of professional experience.

Preferential order

There are a number of jobs where length of service is calculated not on a calendar basis, but on a preferential basis. Then, when calculating, it is necessary to multiply the resulting amount by the coefficient corresponding to this category.

Kolomiytseva G.O. worked in the resettlement zone after the Chernobyl disaster from July 12, 1986 to November 22, 1998. From the moment of the disaster, workers in this area are credited with one and a half times their length of service.

11/22/1998 – 07/12/1986 = 04/10/0012 * 1.5 = 06/18/15 18 and a half years and 15 days. To assign a pension before 20015, 5 years of insurance experience was required and for early retirement 15-20 years special for women (for men 20-25). From 2020, the figure will increase by 1 and by 2024 it will be 15 years.

The length of service is taken into account to assess pension rights earned before January 1, 2002 and includes only the work activity itself (or other). Since 2020, it has been included in the concept of insurance experience.

Special insurance experience is a narrower concept and is included in the concept of general insurance experience.

We suggest you read: How to return loan insurance: is it possible, how to get your money

Its correct calculation, including length of service, significantly affects pension payments.

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Changes in pension legislation

From 2020, a consistent increase in the retirement age begins by 5 years (350-FZ dated October 3, 2018): to 65 for men and 60 for women.

Every year from 2020 it will increase by one year to the required one in 2023. The exception is 2020 and 2020, when it will be possible to become a pensioner six months earlier.

The age increases for workers in the Far North to:

1. men - 60 years old,
2. women - 55.

The experience of teachers, doctors, and artists for early exit is left unchanged, but is postponed by 5 years from its accumulation. The length of service will increase, like the general category, from 2020 to 2023.

The changes do not apply to pensioners or those whose working conditions are harmful, dangerous or difficult. Mothers raising five or more children, raising and caring for disabled people since childhood, victims of industrial accidents, flight testers retiring due to ill health are not affected.

The innovations passed by military personnel who were entitled to a pension for length of service.

The retirement age of civil servants is increasing at a rate of one year each year from 2020 until it stops at 65 for men and 63 for women. Today it grows every year by 6 months, equal to 61 and 56, respectively.

Women raising three children will be married three years earlier, and women raising four children will be married four years earlier. The innovations of the few peoples of the North will not be affected.

Read additionally: What periods are not included in the vacation period.

Main types

Special experience, in fact, is understood as a taken into account time period of activity useful for society. For example, the work of a teacher or doctor. When we talk about this type of internship, we proceed from the fact that its main purpose is:

• Assignment of early pension.
• Long service pensions.
• Salary supplements, compensating or incentives.
• Grounds for appointment to a position, government or other socially important.

Citizens for whom special length of service is calculated and who have the right to claim the above security include:

• Civil servants.
• Military personnel.
• Persons undergoing service equivalent to military service. For example, employees of the Ministry of Internal Affairs, FSB, Ministry of Emergency Situations, etc.
• Persons employed in hazardous work.
• Persons living and working in regions defined by the legislator as unfavorable for work and life. For example, in the Far North.
• Astronauts.
• Flight test crew.
• And a number of others, for example, temporarily disabled people, pregnant women, and giving birth.

Now let’s take a closer look at some of the categories, how experience is formed, and how to confirm it.