The case of including vacation days and sick leave in the preferential length of service for a four-day work week

Special experience requirements

The government has established a list of industries and professions that qualify for benefits. But they are largely outdated, legislation is constantly changing and not all enterprises submit information to the Pension Fund about their employees.

The main problems arise when a person cannot confirm his existing special experience with documents, and in cases where it is difficult to determine whether he has the right to a pension or not.

The conditions for granting pensions when working in harmful and difficult conditions have not changed since 1956, when they were first established.

According to List No. 1:

up to ten years of age reduction;
availability of special experience from 7.5 years (for women) to 10 years (for men);
the amount of insurance (previously general labor) experience is at least 15 years (women) and 20 years (men).

According to list No. 2:

up to five years of age reduction;
availability of preferential length of service from 10 years (for women) to 12.5 years (for men);
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

For "North":

up to five years of age reduction;
the presence of a preferential length of service of 15 calendar years in the KS areas or 20 years in the MPKS;
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

In addition to those mentioned, the law established the so-called “small lists”, which provide for early retirement for representatives of certain professions: geologists, railway workers, drivers of passenger transport on regular city routes - there are about a dozen of them in total. The requirements for them are different, but they all reduce the retirement age by 5 years .

According to Lists No. 1 and No. 2, a proportional reduction in age is allowed if at least half of the required length of service has been worked. In the first case, 1 year per year of work, in the second case - 1 year reduction for 2.6 years of work for men, and for 2 years for women. For "Sever" there is also a 4-month reduction for each year worked.

How is it calculated?

Before calculating the length of service that ensures a person’s right to retire early, you need to determine:

Periods of activity by a citizen at work where there were dangerous and harmful factors.
Also, in accordance with Part 1 of Art. 30 of Law 400-FZ, it is necessary to establish the sector of the economy or field of activity in which the person applying for early retirement worked.
Compare the name of the profession in the work book with the one that is in one of the lists.
A list that includes the type of activity of a person who has the right to retire early.

In general, the amount of pension accruals is made according to a special formula approved by Federal Law No. 400-FZ.

To assign early payments, a person must contact the local pension fund at his place of registration or the MFC. An application for the appointment of such a pension must be submitted either by the applicant himself or his legal representative.

It should be remembered that when contacting the Pension Fund of Russia in order to receive payments for harmful work experience, you must have with you a package of documents (original and copy of passport, work book and other documentation that can confirm activity in hazardous production or industry, military ID if available ).In order to reduce the time required for assigning such pensions, the Pension Fund of Russia bodies begin to check in advance the documents of those people who are going to retire, and create a model of the pension file.

By what rules is preferential length of service taken into account?

Quite often there are situations when a person does not have the full required length of service for early retirement, but at the same time he worked under special conditions for several reasons. For example, he lived and worked for 6 years in the North, and after leaving, he drove a BelAZ in a coal mine for another 10 years.

He did not acquire “northern” rights, since this requires 15 years; Truck drivers for ore hauling also retire early after only completing 15 years of service.

In such cases, the summation of preferential length of service is allowed, but according to special rules. The principle is observed: a period of work with the same conditions or providing greater benefits can be added to work that gives the right to exit under less favorable conditions.

So, for example, according to List No. 2 the reduction is 5 years, and according to List No. 1 - 10 years. To obtain the right to benefits under the 2nd list, periods under the 1st list are included in the special length of service; the opposite option is not allowed.

What types of preferential length of service can be combined to acquire the right?

Work on List No. 1, which is “underground”, harmful (chemical production) and hot (metallurgy) working conditions, is equivalent only to activities to eliminate the consequences of the Chernobyl accident.

To work on List No. 2 (difficult working conditions), work on List 1 is added.

The procedure for determining the hazard class

Before an employee of any enterprise can qualify for a preferential retirement, it will have to determine the degree of danger to the life and health of workers, so that after working a certain amount of time, workers can count on the privilege. For this purpose, a specialized commission is assembled, which includes representatives of the labor protection committee and the trade union.

After collecting the commission, managers must create a special order that contains the personal data of the commission members, their positions and other information. Based on the results of the inspection, the commission must make its verdict and assess the hazard class of work at a particular enterprise, there are a total of four assessments of working conditions. There are four classifications in total:

optimal conditions or the first class of hazards, when work is carried out in conditions with a minimum level of hazards, and it complies with sanitary and hygienic standards;
acceptable conditions or hazard class 2 are working conditions that entail minor harm to human health;
harmful conditions or hazard class 3 is assigned to an enterprise if working conditions exceed normal levels and can cause serious harm to human health and cause chronic diseases;
The fourth class of hazards or extreme working conditions is work in conditions where there is a great risk to human health and there is also a threat to life.

How to calculate a preferential pension yourself?

In addition, it may include periods of work on railway transport, as a truck driver removing ore from quarries, seasonal work on timber rafting, floating crews, on geological exploration expeditions, and in fishing.

The listed types will be taken into account only if, upon summation, the full required experience of 12.6 years is obtained.

to the “northern” experience, giving a reduction in age by 5 years. Here you need to pay attention to the fact that “North” not only makes it possible to retire early, but also affects its size. If you have a salary certificate with an increased coefficient (for at least one month), the amount will be higher. In addition, the “northern” benefit is calculated in proportion to the length of service if 7.5 years or more have been worked.

Returning to the example with the BelAZ driver, we can conclude that work as a driver (“small lists”) can be added to the existing “Northern” period and as a result, the right to reduce the age by five years is acquired.

What is not included in harmful experience

When entering a well-deserved retirement, many people who have worked the required amount of time in one or another harmful field reflect on what cannot be included in it. For example, the most questions arise about sick leave and various rest days (annual leave, maternity leave, etc.).

The most complete answer to this question can be found in the legislation, namely in the country’s Labor Code and Government Decree No. 516 of July 11, 2002 .

Thus, having read the above regulations, we can conclude that the insurance period, which makes it possible to retire early, includes a temporary inability to work while receiving social assistance subsidies from the state.

Such length of service will not include only periods when the person was on unpaid leave or on study leave. In addition, the probationary period does not include downtime caused by the fault of the employer or employee, as well as time when the employee was not allowed to work due to the following circumstances:

the employee was intoxicated in any way;
there was a medical certificate stating that the person could not be allowed to work for one reason or another;
the employee did not pass the occupational safety exam.

Which pension is more profitable with “mixed” service?

It often happens that a person has different preferential length of service, including enough time to retire early for several reasons. For example, a man worked 10 years underground and has the right to a pension according to List No. 1 at 50 years old. But also in the work book there are 5 years in the North. Upon turning 55 years old, he has the right to apply for transfer to a pension on the “northern” basis. This work adds up. Then the calculation will be made using the “northern” coefficient.

The ability to use earnings at an increased rate was introduced into law on January 1, 2002. Therefore, if he applies for an appointment already in a “regular” area, but on the specified date lived in the North, the benefit applies regardless of his age. In other words, first he uses the old age benefit, and then the opportunity to increase the size of his pension.

To retire on the “small lists” you must have the full required length of service.

Important! If you have different preferential length of service and different reasons for early retirement, you need to get advice from specialists of the Pension Fund. The law allows for different options for determining both age benefits and the size of the pension. They depend on the period of work, time and area where it took place. A continuity condition is not required for this.

Given the latest changes in legislation, very few people really understand what their future pension will be. The so-called “beneficiaries”—people who, by virtue of their profession, become pensioners earlier than others—know even less about their fate. For them, here are our instructions on how to calculate a preferential pension at home.

Other benefits

The Pension Fund does not have the right to leave the choice to the most beneficial option for the citizen. The amounts are added together and are subject to monthly accrual in the prescribed manner.

Changes for 2020 will be announced later. You can learn about this from the news on our website. The information will also be updated in this article.

lgoty-vsem.ru

Citizens who are entitled to a preferential pension due to harmfulness must work for at least 10 years in dangerous and harmful conditions. If the length of service is insufficient, early retirement is not possible. In addition, there is an approved list of professions that are classified as harmful and dangerous.

Especially harmful professions

production of silver nitrate, refining and production of chemically pure precious metals and their processing;

The full list with detailed explanations can be read in the resolution. Citizens who have been employed for more than eight years in one of the areas can count on preferential and early retirement.

Important! If a citizen was employed in one of the areas from list No. 1 of the Resolution, then the total length of service is not taken into account when assigning an early and preferential pension. Working conditions are considered particularly dangerous and harmful to health, so 10 years of work is sufficient. Download for viewing and printing:

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Important! In addition to the “dangerous” experience, an additional general work experience is required. That is why the right to retire early may be denied, even if a sufficient number of years have been worked under difficult conditions.

Who is eligible for a preferential pension?

To assign a “preferential pension” the following conditions must be met:

a citizen must hold a position that provides for early retirement (lists of such positions, as well as institutions and enterprises are listed in Decree of the Government of the Russian Federation No. 665 of July 16, 2014) for a certain time;
the length of “preferential work experience” must comply with the conditions of Article 30-32 of Federal Law No. 400 (for example, doctors and people working in the healthcare sector must have 30 years of “urban experience” and 25 years of “rural” experience);
upon retirement, the beneficiary must accumulate the minimum required number of pension points, determined in accordance with Appendix No. 4 to Federal Law No. 400 (in 2020, this number of points = 6).

What are hazardous working conditions?

First of all, it is worth understanding what harmful working conditions are. Thus, by turning to the legislation, you can find out that the concept of working conditions includes all production processes in which people take part and which have an impact on their health.

If we talk about harmful working conditions, they are characterized as quite severe, associated with increased injuries and other factors, which in the end are quite capable of leading to chronic illnesses, loss of capacity and even death. Such factors include: excessive dust, gas pollution, high humidity, high background radiation, artificial light, high noise levels, labor associated with harmful chemicals, etc.

Despite all the difficulties and dangers of work, as well as the consequences that may occur, people still go to work in such places. Thus, for many, the prospect of receiving certain social subsidies, long vacations, allowances and benefits, as well as the possibility of early retirement seems quite tempting.

Principles of calculation

Until 2020, there was no concept of “pension point”; instead, the pension was calculated depending on the pension capital accumulated by the citizen over the years of his work. From 2020, all contributions to the OPS system will be automatically converted into points using the formula:

IPO in year N / NPO in year N) *10, where IPO is the amount of individual pension contributions; NPO - standard amount of pension contributions; N—year.

For example: a general practitioner receives a salary of 10,000 rubles in 2020. per month. It is necessary to calculate how many pension points he will be accrued per year. The rate of pension contributions for the insurance part of the pension in 2020 is 16% per month, NPO in 2020 = 16% * 670,000 rubles. = 107,200 rub. (10,000 *16%*12 / 107,200)* 10 = 1.79 points

The capital that was accumulated by citizens before the entry into force of Law No. 400-FZ was automatically converted into points.

You can calculate your pension yourself

Next, you need to check the list: which periods of work can be counted as “preferential”. When reconciling, pay attention not only to the correspondence of positions, but also to the names of the institutions in which you worked. They must also match the list. Please note that if you are not a medical worker or a teacher, then a preferential pension will be calculated for you only when you confirm that you worked in dangerous or difficult working conditions.

Having calculated the length of service, check whether it complies with the provisions of Articles 30-32 of Federal Law No. 400. If your length of service is sufficient to qualify for a preferential pension, you need to calculate how many pension points you have accumulated over the years of work. It is quite difficult to do this at home, since before 2020 there were no pension points as such.

If you still want to get an approximate idea of how many points you have accumulated, then try to take the pension contribution rates that were in effect from 2002 to 2014 inclusive, and calculate the insurance part of the old-age labor pension using the formula described in Article 14 of Federal Law No. 173 from 12/17/01

Next, divide the resulting value by the size of one pension point in 2020. To the resulting value, add points for non-working periods, which are also counted towards length of service in accordance with Article 12 of Federal Law No. 400 (child care, periods of temporary disability, etc.) and points for periods of work starting from 2015 onwards. Remember that points must be counted for each year separately!

Now multiply the total number of pension points by the size of one pension coefficient and get the approximate value of the preferential insurance pension. Keep in mind that the resulting calculation will only reflect reality by 60%.

To find out the exact number of points that will be awarded to you for the current year, you can go to the Pension Fund website and use a special calculator. However, if you are still far from retirement, we recommend that you focus not on points, but on obtaining the length of service necessary to apply for a preferential pension.

Well, the most reliable way to calculate a preferential pension is to submit an application to the Pension Fund. According to the law, you do not have the right to refuse any consultation, even early. So - go for it!

Employees who have worked in hazardous and difficult production conditions, as well as in the Far North, are granted early retirement. How is the preferential length of service summed up if a person changes his profession, place of work and place of residence during his life?

Many questions arise when determining the right to a preferential pension, especially when the special length of service is “mixed” or has not been fully developed on any basis.

Special experience requirements

The main problems arise when a person cannot confirm his existing special experience with documents, and in cases where it is difficult to determine whether he has the right to a pension or not.

The conditions for granting pensions when working in harmful and difficult conditions have not changed since 1956, when they were first established.

According to List No. 1:

up to ten years of age reduction;
availability of special experience from 7.5 years (for women) to 10 years (for men);
the amount of insurance (previously general labor) experience is at least 15 years (women) and 20 years (men).

According to list No. 2:

up to five years of age reduction;
availability of preferential length of service from 10 years (for women) to 12.5 years (for men);
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

For "North":

up to five years of age reduction;
the presence of a preferential length of service of 15 calendar years in the KS areas or 20 years in the MPKS;
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

How does it affect size?

Here you should pay close attention to one detail. Specifically, length of service in hazardous conditions indirectly affects the size of the future pension, because the amount receivable is calculated using the formula for determining pension payments.

There, the main role is played only by the accumulated points and the cost of each; the number of years worked is not used in the calculation.

The longer a person has been officially employed (not necessarily in difficult conditions, this is a general pattern), the more bonuses the Pension Fund will accrue to him, and they directly affect the size of the pension.

By what rules is preferential length of service taken into account?

He did not acquire “northern” rights, since this requires 15 years; Truck drivers for ore hauling also retire early after only completing 15 years of service.

What types of preferential length of service can be combined to acquire the right?

To work on List No. 2 (difficult working conditions), work on List 1 is added. In addition, it may include periods of work on railway transport, as a truck driver removing ore from quarries, seasonal work on timber rafting, floating crews, on geological exploration expeditions, and in fishing.

The listed types will be taken into account only if, upon summation, the full required experience of 12.6 years is obtained.

Formula for calculating preferential length of service for 1 3 doctors

This work adds up. Then the calculation will be made using the “northern” coefficient.

To retire on the “small lists” you must have the full required length of service.

Many questions arise when determining the right to a preferential pension, especially when the special length of service is “mixed” or has not been fully developed on any basis.

State regulation

The Law of the Russian Federation of 2001 “On Labor Pensions of the Russian Federation” enshrines the provisions and norms by which this payment is assigned to preferential categories of citizens. It also sets out the procedure for entering a well-deserved retirement upon reaching a certain age.

Download so you don't lose! Federal Law “On Insurance Pensions” HERE.

The right to receive such payments can be exercised by persons who provide a work record book as proof of their work activity in hazardous enterprises. It is precisely these categories of citizens that will be provided with a disability pension . It should reflect:

the position held by the person, which corresponds to the Unified Tariff and Qualification Directory of Work and Professions of Workers;
division of the organization where the person served, reflecting the date and number of the order of appointment to this position.

When receiving benefits, a citizen must confirm with the social security authorities his employment in difficult areas of work, in certain departments, with various tools and machines. A concluded employment contract with an enterprise may serve as a supporting document regarding length of service.

Special experience requirements

The main problems arise when a person cannot confirm his existing special experience with documents, and in cases where it is difficult to determine whether he has the right to a pension or not.

The conditions for granting pensions when working in harmful and difficult conditions have not changed since 1956, when they were first established.

According to List No. 1:

up to ten years of age reduction;
availability of special experience from 7.5 years (for women) to 10 years (for men);
the amount of insurance (previously general labor) experience is at least 15 years (women) and 20 years (men).

According to list No. 2:

up to five years of age reduction;
availability of preferential length of service from 10 years (for women) to 12.5 years (for men);
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

For "North":

up to five years of age reduction;
the presence of a preferential length of service of 15 calendar years in the KS areas or 20 years in the MPKS;
the amount of insurance (previously general labor) experience is at least 20 years (women) and 25 years (men).

The requirements for them are different, but they all reduce the retirement age by 5 years .

By what rules is preferential length of service taken into account?

He did not acquire “northern” rights, since this requires 15 years; Truck drivers for ore hauling also retire early after only completing 15 years of service.

What types of preferential length of service can be combined to acquire the right?

The listed types will be taken into account only if, upon summation, the full required experience of 12.6 years is obtained.

Which pension is more profitable with “mixed” service?

To retire on the “small lists” you must have the full required length of service.

Important! If you have different preferential length of service and different reasons for early retirement, you need to get advice from specialists of the Pension Fund.

List of pensioners' benefits.

It is important not only the experience of teachers’ preferential pension, but also the inclusion of the position in the list provided for by law. The full list is contained in Resolution No. 781 of October 29, 2002.

Among the workers who can receive benefits early are:

directors and their deputies;
teachers;
kindergarten teachers;
speech therapists and defectologists;
social educators;
senior teachers;
teachers of out-of-school centers.

Some categories have restrictions. Thus, administrative employees can retire before the due date only if they combine their main position with a teaching load of at least 6 hours.

The exception is directors and head teachers of correctional schools and orphanages.

Teachers of club and extracurricular activities, and leaders of children's associations can receive a preferential pension if, as of January 1, 2001, their work experience is at least 16.8 years.

This fact must be recorded in the work book and orders of the organization’s personnel department.

When calculating the length of service of a teaching worker, the following periods are taken into account:

working hours for which contributions to the Pension Fund were transferred;
time of illness, if confirmed by a certificate of incapacity for work;
vacation;
maternity leave until October 6, 1992.

If a teacher gets a job in an educational organization and then goes to study in his specialty, the years of training are included in the teaching experience.

PREFERENTIAL PROCEDURE FOR CALCULATING EXPERIENCE

123Next ⇒

In case of early assignment of an old-age labor pension in connection with field geological exploration, prospecting, topographical geodetic, geophysical, hydrographic, hydrological, forest management and survey work in expeditions, parties, detachments, on sites and in brigades, the periods of said work directly in the field conditions

are taken into account in the following order:

work from 6 months

up to one year - as
one year
;

work less than 6 months

—
according to actual duration
.

, the preferential procedure established by previously applicable legislation for calculating length of service in relevant types of work

calculus:

· full navigation period

on water transport (Article 94 of the Law of November 20, 1990);

· full season

in organizations of seasonal industries (Article 94 of the Law of November 20, 1990);

· periods of work in leper colonies and anti-plague institutions

(Article 94 of the Law of November 20, 1990)
;
· periods of work in the RKS and ISS

(Article 94 of the Law of November 20, 1990);

· periods of work to eliminate the consequences of the Chernobyl disaster in the exclusion zone

(Article 31 of the Law of May 15, 1991 No. 1244-1)
;
periods of work as a miner

mining face,
drifters
,
jackhammer operators
,

mining machine operators

applies only to citizens who have completed the required general work experience and (or) special work experience before 01/01/2002

, which gave the right to an old-age pension or for long service
according to the legislation in force during the period of performance of this work (activity), taking into account the preferential procedure for its calculation
.

If before 01/01/2002

a citizen
has not developed
the required length of general work experience and (or) special work experience that gives the right to an old-age pension or long service, the calculation of insurance length and length of service in the relevant types of work is carried out in accordance with the legislation in force on the day the old-age labor pension is established , including those appointed ahead of schedule, i.e.
the above periods of work are counted towards length of service in calendar order.
For example, seafarers on ships of the sea, river and fishing industry fleets (with the exception of port ships permanently operating in the port waters, service and auxiliary and traveling ships, suburban and intracity vessels) who worked before 01/01/2002.

work experience that gave the right to early pension provision
under the previously effective legislation, taking into account the preferential calculation of special work experience applied at that time
, have the right to an early retirement pension in old age, regardless of the date of application for its establishment
(letter from the Pension Fund of the Russian Federation to the OPFR in the Novosibirsk region dated October 30, 2003 No. LCh-25-26/11435, taking into account the Explanation of the Ministry of Labor of Russia dated October 17, 2003 No. 4)
.

To exercise this right during the early assignment of an old-age labor pension in accordance with clause 9, clause 1, article 27 of the Law of December 17, 2001, the following conditions must be met as of December 31, 2001:

· having at least 12 years 6 months for men and 10 years for women work experience as a crew member on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships constantly operating in the port waters, service and auxiliary and traveling ships, suburban ships and intracity traffic) taking into account the preferential procedure for its calculation, determined by Article 94 of the Law of November 20, 1990 No. 340-1, in force until 01/01/2002, according to which the full navigation period on water transport was counted as a year of work experience;

· presence of the required duration of insurance experience of at least 25 years for men and 20 years for women. When calculating the duration of the insurance period for the period before January 1, 2002, the specified length of service includes all periods of work and other socially useful activities that were counted in the total length of service when assigning the category of workers in question an early retirement pension according to Law No. 340-1 of November 20, 1990 .

If, before 01/01/2002, the crew member had not completed the required length of insurance service and length of service in the relevant types of work, the periods of work that give the right to early assignment of an old-age labor pension under clause 9, clause 1, art. 27

Law of December 17, 2001, which was performed continuously during a full working day, is counted towards the length of service in the relevant types of work
in calendar order
.
At the same time, the length of service includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual paid leave, including additional ones. Periods of preparing ships for operation
,
off
for exceeding the standard time in the crew,

ship
repairs during the inter-navigation period
,
preparing ships for wintering
in the length of service that gives the right to early assignment of an old-age labor pension according to
clause 9 of clause 1 of Art.
27 of the Law of December 17, 2001 (12 years 6 months for men and 10 years for women) are not included
(letter from the Pension Fund of the Russian Federation to the OPFR for the Novosibirsk Region dated June 17, 2003 No. 25-26/6220)
.

FEATURES OF CALCULATING EXPERIENCE AT WORK

BY SWITCH METHOD

Clause 8 of the Rules establishes the procedure for counting work time on a rotational basis

during periods of work giving the right to early assignment of an old-age labor pension.

The rotation method is a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured. This method is used at sites in uninhabited, remote areas or areas associated with special natural conditions. In this case, work is organized according to a special labor regime. Shift time is considered to be the periods of work performed at the facility (site) and rest between shifts in the rotation camp. With the rotation method of organizing work, on the basis of Article 300 of the Labor Code of the Russian Federation, a summarized accounting of working time and rest time for each specific employee is established for a month and a cumulative total for the entire accounting period, but not more than a year. The accounting period covers all working time, travel time from the employer’s location or from the collection point to the place of work and back, and rest time falling within a given calendar period of time. At the same time, the duration of working hours during the accounting period should not exceed the normal number of working hours established by law.

According to part one of clause 8 of the Rules during periods of work on a rotational basis

, which gives the right to early assignment of an old-age labor pension, includes the time:

— performing work on site,

— inter-shift rest in a rotational camp,

— on the way from the employer’s location or from the collection point to the place of work and back,

— inter-shift rest in a given calendar period of time.

In this case, the total working time (normal or reduced) for the accounting period (for a month, quarter or other longer period, but not more than one year) should not exceed the normal number of working hours established by the Labor Code of the Russian Federation.

Thus, the time of rest between shifts is not excluded from the length of service

, taking into account which an old-age labor pension is assigned early (
except for
cases of early labor pension being assigned in connection with work in
the RKS and MKS
in accordance
with clause 6, clause 1, article 28
of the Law of December 17, 2001).

Periods of work on a rotational basis in the Far North and equivalent areas

in case of early assignment of an old-age labor pension in accordance
with clause 6, clause 1, art.