During the entire working life, a person sometimes has a need to use funds due to disability. As you age, you need a pension.
Legal relations in this area are based on the concept of seniority . It consists of the time of all work activities, documented. All the nuances of relationships in this area are prescribed in legislation.
The length of service records the applicant’s credentials and the size of the pension. The main confirmation of activity is considered to be a work book , since information about the person, responsibilities, and incentives is entered into it. The length of service is considered for the payment of a future pension.
What is included in the total work experience?
The phrase “total length of service” is popular in everyday life, but it is not included in the law. Previously, it meant the total time period during which a person performed work.
This provides the right to various guarantees and pension calculations. Therefore, it is important to apply for a job officially , with all the necessary documents. With age and disability, a person will be entitled to the necessary benefits.
After recent reform, the “total length of service” began to be called “insurance length of service” . Then an improved insurance system for employed citizens appeared.
insurance amounts for employees . All time periods and money add up, and with the arrival of retirement age, pension payments occur.
The following periods are counted:
- Army;
- Caring for a baby up to one and a half years old;
- Temporary disability;
- Caring for a disabled person, a person over 80 years old;
- Unemployment leave;
- Detention.
In what cases SHOULD it be necessary to include studies in your work experience?
According to current legislation, periods of study are not included in the length of service and do not provide any additional pension points. However, if you wish, you can still include your studies in your work experience.
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The number of years of service currently affects the size of the pension. The assessment of pension rights formed by a citizen before 2002 depends on the length of service.
As we wrote in the article on calculating pensions, for periods since 2002, the amount of the pension depends only on the insurance contributions transferred to the Pension Fund.
For previous years (up to 2001), the assessment of pension rights can be carried out in two ways. In particular, the estimated pension amount as of December 31, 2001 is calculated in two ways:
- the ratio of the average salary of an employee to the national average in the same period (no more than 1.2) is multiplied by the length of service coefficient and by 1,671 rubles;
- The average employee salary is multiplied by the length of service coefficient. This option has a limit on the total amount of 555.96 rubles
After calculating the pension for each option, the option that gives the largest amount is selected.
Option 1 (clause 3 of Article 30 of Federal Law-173) | Option 2 (clause 4 of Article 30 of Federal Law-173) |
The principle of calculating the length of service coefficient:
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What counts towards experience:
| What counts towards experience:
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This is the problem with the advisability of including study in the length of service for calculating a pension: in order for study to be taken into account as length of service, the pension as of December 31, 2001 must be calculated only through the second option, and this is unprofitable for most pensioners. Here the main role is played by the limitation of the maximum amount of the pension calculated in this way - 555.96 rubles.
For example, when calculating a pension according to the first option, if the employee had a salary close to the national average, the amount will be equal to 919.05 rubles, which is much higher than 555.96 rubles - the limit under the second option.
Mathematically, it can be calculated that it is advisable to include studies in the length of service only for those whose salary in the Soviet years and in the 90s was at 60% or below the national average, and the total length of service (as of December 31, 2001) will be more than 20 years for women and 25 years for men.
For example, if a person’s salary certificate shows the average earnings for 60 months as 90 rubles, and the average salary in the country in the same period was equal to 130 rubles, then it is already beneficial not to include studies (the ratio with the average will be at 70%) .
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When establishing an insurance pension, Pension Fund employees are required to calculate both options and then choose the most profitable one (that is, with a larger amount). If you have doubts about the correctness of the calculation, you can request official clarification.
How to correctly calculate the total length of service?
Calculating work experience is simple. It is necessary to calculate the number of years recorded in the work book.
When there is no official work, no contributions are made . That is why the state calls on citizens to take care of their future. Pension reforms and systems that have their own characteristics are constantly emerging.
To calculate your length of service and pension amount, you should visit the accounting department of your place of work . They must provide a document confirming insurance transfers.
Studying at an institute or university while working while calculating a pension
Many students are interested in the question: are the years spent studying at a university included in their work experience? The same question is asked by employees of enterprises who, at the request of the employer, undergo training. Let's figure out how the time when a person receives education affects his work experience in 2018-2019.
Types of work experience
Work experience is the time during which a citizen officially worked at any enterprise or performed socially useful work defined by law. This length of service is recorded in a document called a work book. If the book is lost, evidence that the person actually worked can be provided by certificates stating that he was paid a salary.
Until 2002, the concept of “total length of service” existed. These are all temporary periods when the employee was officially employed. Then such periods included the time of receiving education at a university or in special educational institutions. It is important that studies at a university take place full-time. The work record book indicated the years in which the person was trained.
In 2002, the government approved the Federal Law “On Labor Pensions in the Russian Federation”. According to this law, the concept of “total length of service” was replaced by the concept of “insurance period”.
The new definition more accurately reflects the essence: the insurance period is the time period during which the employee made official contributions to the Pension Fund of the Russian Federation.
During the Soviet Union, such deductions were called state insurance contributions.
Important! It does not take into account whether there were breaks between employment: “continuous experience” has been abolished.
Sometimes in special documentation there may be other concepts of length of service that affect the calculation of various accruals:
- Public service experience – work in government organizations
- Continuous service is a concept eliminated on January 1, 2007. It is not taken into account when calculating accruals for pensions and sick leave. It may turn out to be significant only when compared with the insurance experience after a year of reform (if the continuous experience exceeds the insurance period, the pension will be calculated based specifically on the continuous one)
- Special insurance experience is a job that gives the citizens employed in it the right to early retirement
Studentship and experience
The years that a person devotes to learning his chosen profession while studying at a college, school, or university are quite long time periods associated with future employment directly or indirectly. Will they be included in the insurance period? We reason logically and without contradicting the law.
The time of study in any educational institution is not mentioned in Art. 12 Federal Law No. 400 “On Insurance Pensions” dated January 1, 2015. A student citizen does not make pension contributions, and this is the main argument for a negative answer.
The only exception
The law will include university studies in the insurance period only in two cases:
- The educational institution is under the jurisdiction of the Russian Ministry of Defense
- The university prepares future law enforcement officers (Ministry of Internal Affairs department)
Students of these universities are equated to military conscripts, and this activity, as Article 10 of the Federal Law “On Pensions in the Russian Federation” says, is included in the length of service.
If the employee studied during the USSR
For a large number of people preparing to receive a pension, their education ended before 1991, when the concept of general work experience was in force, which included their stay in educational institutions.
However, Art. 10 Federal Law of December 17, 2001 excludes this time from the length of service, even if such a citizen’s pension was accrued before the reform.
Part-time work while studying
While studying, a student can officially find a job:
- By concluding an employment contract for a “fixed-term” employee (for example, during the holiday months)
- Performing home work under an employment contract
- Having chosen remote cooperation, formalized
Since, while working, he will also make pension contributions, accordingly, these periods will count towards his length of service.
A student has the right to start saving for retirement
According to the laws of the Russian Federation, having received a passport at the age of 14, a student can officially find a job. Working at such a young age, a citizen of the Russian Federation is already accumulating funds in his account for a future pension, increasing his insurance period.
Study while working - but what about the experience?
It is not uncommon for working citizens to undergo on-the-job training. Naturally, studying employees have a question: how does the time spent on studying compare with their work experience, since they are not working during this time?
Art. 173 of the Labor Code of the Russian Federation guarantees employees sent for training by the employer or enrolled independently, additional study leaves, for which payment continues to be in the amount of average earnings.
Since wages have been maintained, required Pension Fund contributions are also made on time. Thus, the educational leave on which the employee goes, like all types of paid leaves, will be counted towards the insurance period.
Study and special work experience
When a person works in difficult conditions and/or in harsh territories, such as the Far North, his work experience is calculated according to a special, preferential scheme - with a special coefficient. Therefore, the employee gets the opportunity to take a well-deserved rest before the usual deadline.
When else, while studying, can you not lose experience?
In the life of employees, there are moments of varying duration when they do not actually perform their job function, but their service is not interrupted. Naturally, the length of service will continue to increase if during such a special period the person is also studying.
According to the law, the insurance period continues to run if the employee is employed:
- Military service or cooperation with the Ministry of Internal Affairs
- Improvement of health (with official certificate of incapacity for work)
- Your baby up to 1.5 years of age
- Looking after a disabled person of group 1 (including a child), an elderly relative (after 80 years)
- Being on the way for employment in another area, if the referral was received from the employment service
- Public works
- After serving the sentence
- Proof of the unfoundedness of criminal prosecution
Important! The listed periods are included in the insurance period if before these events or immediately after them the person was employed and made contributions to the Pension Fund of the Russian Federation.
What else may be included in the total work experience?
To calculate the pension the following is taken into account:
- Temporary disability;
- The period of unemployment, if the citizen is registered at the labor exchange;
- Time for a government employee to move to another settlement;
- Detention;
- Being with a spouse who served in military service under a contract for no more than 5 years;
- Living abroad with a spouse who is a citizen of a Russian institution;
- Staying under occupation during the Second World War;
- Life in Leningrad during the siege.
Is vocational school included in the pension experience?
In addition to the main experience, there is also an insurance type of savings. For this, you only need to have 5 years of experience, and if you didn’t get it without taking into account your studies at a vocational school, then it still adds up. Work experience only includes studies up to 2002. After 2002, pensions began to be calculated according to new rules, with the so-called. IKP, now years of study are not counted towards future experience (of course, if they were not combined with work).
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According to Law 173 on pension savings (and it controls this issue), in order to receive a pension in old age, you must have five years of work experience or more. The official length of service is “insurance”. Previously, when asked whether vocational school is included in the pension experience, one could answer “yes”, because the studies counted. But today, vocational school is considered only with the following options:
Special work experience
In addition to general experience, there is a special one. This name is not used at the legislative level, but its main provisions are present. It means the time a person works in production, in a special industry, in a climatic territory where the right to additional future benefits . They are paid to citizens only in special cases.
The list of reasons is quite short:
- Citizens with special labor rules;
- Employees related to activities underground and in hot shops;
- Persons entitled to benefits for long service.
There are several types of length of service, but in any case it is used to pay a pension. Everything must be documented.
Is studying at a university (USSR period) included in the total length of service for calculating a pension?
Resolution No. 2-P (2004) of the Constitutional Court of the Russian Federation established that the norms of Law No. 173-FZ “On Labor Pensions in the Russian Federation” do not worsen the situation of persons insured in the compulsory pension insurance system, since this law provides (except for those established by this new law ) also the procedure for calculating length of service and the procedure for establishing the right to a pension, which were in force until 2002. and were applied in the corresponding law No. 340-1, repealed in 2002.
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In accordance with Federal Laws dated December 17, 2001 No. 173-FZ and December 28, 2013 No. 400-FZ (names below), study is not included in the length of service (insurance period) for calculating a pension -
Is studying at a vocational school included in the pension period?
The issue of including years of study at a technical school, college, vocational school, university and other educational institutions in the work experience is of concern to the vast majority of people, since almost every citizen of Russia received an education in one or more such institutions.
However, not everything is so simple. The period of study by profession can be fully or partially included in the length of service to calculate the amount of the old-age pension benefit, regardless of whether the person received secondary specialized, higher or postgraduate education.