Disability work experience - 1096 tips from lawyers and lawyers

Is disability group 2 counted towards work experience?

Olesya, the period of work
under a civil law contract (which is an agreement for the provision of paid services) can be
counted towards the length of
service for calculating the pension and only if the employer made contributions to.

periods of temporary
incapacity for work

are not
included in
period (Article 70 of the Labor Code of the Russian Federation).
The Labor
Code of the Russian Federation provides for the employer’s obligation to warn the employee in writing about the termination of his
employment
.

Is temporary disability included in work experience?

1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in Part 1 of Article 4 of this Federal Law, provided that during these periods insurance contributions were accrued and paid to the Pension Fund of the Russian Federation . 2. Periods of work and (or) other activities that were performed by persons specified in Part 1 of Article 4 of this Federal Law outside the territory of the Russian Federation are included in the insurance period in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in case of payment of insurance contributions to the Pension Fund of the Russian Federation in accordance with Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation”.

The conditions for assigning an old-age insurance pension are defined, in particular, in Art. 8 of the Law on Insurance Pensions. The insurance period for establishing an insurance pension is the total duration of periods of work and (or) other activities for which insurance contributions to the Pension Fund of the Russian Federation were calculated and paid, as well as other periods counted towards the insurance period, taken into account when determining the right to an insurance pension and its size. . The basis for this conclusion is clause 2 of Art. 3 of the Law on Insurance Pensions.

Group 3 disability pension in 2020

› Those citizens who, due to the state of their health, can no longer work in their profession, but are able to perform other, simpler work or work in their original specialty, but in a lighter mode, belong to disability group III. Let’s consider what the pension for disability group 3 in 2020. Regardless of which particular group is assigned based on the results of the ITU, you can choose only one of two social security options: Social disability pension group 3 + EDV = disability pension, or Labor pension + EDV = disability pension disability, where EDV is a monthly cash payment. Residents permanently residing in the Russian Federation, including minors, have the right to become a recipient of a social pension (Federal Law No. 166 of December 15, 2001). is 4215.9 rubles/month,

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Does disability count towards work experience?

For the purpose of assessing the pension rights of insured persons, length of service is understood as the total duration of periods of work before January 1, 2002. The period of being on disability of groups I and II, received as a result of an injury associated with production or an occupational disease, is equivalent to the work at which the specified injury or disease was received.

I rarely visit this site and rarely give consultations, but your question interested me. First of all, its complexity, since the legislation in the field of pensions is indeed quite “confusing”. Let's try to figure it out!

Topic: Continuous work experience

(as amended by the resolutions of the USSR Council of Ministers of December 27, 1983 N 1225, of November 24, 1990 N 1177, of July 1, 1991 N 432) (SP USSR, 1973, N 10, art. 51; 1984, N 4, Article 19; 1990, No. 31, Article 150; 1991, No. 20, Article 78). 2. When moving from one job to another, continuous work experience is maintained provided that the break in work does not exceed one month

, unless otherwise provided by these Rules and other norms of current legislation.
In case of dismissal after September 1, 1983 at one's own request without good reason, continuous work experience is maintained provided that the break in work does not exceed three weeks. The reasons recognized as valid for dismissal of one's own free will are determined by the USSR State Committee for Labor and Social Affairs and the All-Union Central Council of Trade Unions. In the following cases, continuous work experience is maintained if the break in work does not exceed two months
: a) upon admission to another job of persons who worked in the regions the Far North and equivalent areas, after dismissal from work upon expiration of the employment contract;
b) when entering work in the USSR after being released from work in institutions, organizations and enterprises of the USSR abroad or in international organizations; c) upon entering work in the USSR by citizens who moved from countries with which the USSR entered into agreements or treaties on social security, after being released from work in institutions, organizations and enterprises of these countries. The two-month period in this case is calculated starting from the day of arrival in the USSR. In the following cases, continuous work experience is retained if the break in work does not exceed three months: a) upon entry to work of persons released from enterprises, institutions and organizations in connection with their reorganization or liquidation or the implementation of measures to reduce the number or staff of employees, as well as upon admission to work of workers and employees dismissed from units, institutions, organizations and enterprises of the Armed Forces of the USSR in connection with the implementation of measures to reduce them in accordance with decisions of the Government of the USSR; b) when entering work after the end of temporary incapacity for work, which, in accordance with current legislation, resulted in dismissal from the previous job, as well as when entering work after dismissal from work due to disability or after dismissal of disabled people for other reasons (except for those listed in subparagraphs “a”) " - "z" clause 7 of these Rules), for which more preferential conditions for maintaining continuous work experience are not established. The three-month period in these cases is calculated starting from the day of restoration of working capacity. The day of restoration of working capacity is considered to be the day the medical advisory commission (MCC) issued an opinion on this, respectively, or the day on which disability was established; c) when entering a job after dismissal due to a discovered incompatibility of the employee with the position held or the work performed due to health conditions that prevent the continuation of this work (according to a medical report issued in the prescribed manner); d) when hiring primary school teachers in general education schools who are released from work at school due to the transfer of fourth grades to the systematic teaching of basic sciences and a temporary reduction in the number of primary school students. 6. Continuous work experience is maintained regardless of the duration of the break
in work: a) upon entry to work after dismissal of one’s own free will in connection with the transfer of the husband or wife to work in another locality; b) upon entry to work after dismissal of one’s own free will in connection with old-age retirement or after the dismissal of an old-age pensioner on other grounds other than those listed in subparagraphs “a” - “h” of paragraph 7 of these Rules. This rule also applies to pensioners receiving pensions on other grounds (for example, for long service), if they are simultaneously entitled to an old-age pension. 9. The following does not interrupt the length of service, but is not counted towards it: a) time spent studying at a higher or secondary specialized educational institution (including the preparatory department) or staying in graduate school or clinical residency, if there is a break between the day of release from work and the day of enrollment for study did not exceed the deadlines established by these Rules depending on the reason for dismissal, and the break between the day of graduation or early dismissal from the educational institution (graduate school, clinical residency) and the day of entry to work did not exceed three months. Those who graduated from an educational institution (graduate school, clinical residency) or were expelled early from an educational institution (graduate school, clinical residency) before July 1, 1973 and entered work before October 1, 1973, have continuous work experience, regardless of the length of the break between the day of graduation institution (graduate school, clinical residency) or early dismissal from an educational institution (graduate school, clinical residency) and the day of entry to work;

Resolution of the Council of Ministers of the USSR dated April 13, 1973 No. 252, Art. 2: . 4. In the following cases, continuous work experience is maintained if the break in work does not exceed three months: a) upon entry to work of persons released from enterprises, institutions and organizations in connection with their reorganization or liquidation or the implementation of measures to reduce the number or staff workers, as well as when workers and employees are hired, dismissed from units, institutions, organizations from enterprises of the Armed Forces of the USSR in connection with the implementation of measures to reduce them in accordance with decisions of the Government of the USSR.

Total experience

Total length of service is the sum of the duration of labor and socially useful activities, as well as periods of activity that are stipulated by law. Based on the total experience, the size is determined:

old age pensions;
disability pensions;
in some cases it may be necessary to determine the size of the long-service pension.

Professional activities must be carried out only on the territory of the Russian Federation.
It is necessary for payments to be made to the Pension Fund of the Russian Federation.

It is worth noting that the total length of service can include a period of work that was carried out outside the country, but subject to:

that this clause must be spelled out in an international treaty;
contributions were made to the Pension Fund of the Russian Federation.

Total experience includes:

The period when one of the parents provides constant care for the child until he reaches one and a half years old. It should be taken into account that there is a limit - no more than four and a half years in total for each of the parents. It is important that previously, before January 1, 2014, the length of service included a period of no more than three years. Consequently, with an increase in this period, the amount of labor pensions, which was established before January 1, 2014, is subject to recalculation.
The period of temporary disability during which payments for compulsory social insurance (sick leave) were received.
Service in the Armed Forces of the Russian Federation and equivalent to it.
The time when a citizen was in custody or in prison due to unjustified criminal prosecution.
The period when a citizen is registered with the employment service and receives unemployment benefits.
The period of participation in public works that are subject to payment.
The time of moving or relocating for the purpose of employment to another area, provided that this is carried out in the direction of the employment service.
The length of time the spouses of contract servicemen lived in places where they were unable to find employment due to the lack of such opportunity. It is important that in total this period should not exceed five years.
The period of time when constant care is provided for a disabled person of the first group, for a pensioner whose age is over eighty years. It is important that care should be carried out only by an able-bodied person.
The period of stay abroad by the wives/husbands of employees who are sent to carry out professional activities in diplomatic and consular institutions of the Russian Federation. Importantly, the total must be no more than five years.

An important point regarding the period of full-time study for students. Until January 1, 2012, full-time education, along with work, was included in the total length of service required to calculate a pension. But in connection with the current pension program, periods of study are not considered work activities, since the payment of insurance contributions to the country’s Pension Fund does not occur, which means that this period will not be included in the calculation of a future pension.

All of the above activities will be counted towards the length of service only if the requirement is met.

Professional activities must be strictly required before and after them. It is worth considering that there is no duration limit.

Periods that are not included in the total length of service:

Training, various courses for training/retraining of personnel.
The period of residence of citizens in occupied areas during the Second World War.
Staying in concentration camps during the Second World War.
Accommodation during the siege of Leningrad.
Time for parents and other legal representatives to care for HIV-infected minor children.

Confirmation of work experience can be done in two ways:

Based on entries in the work book of the established form. If you lose your employment contract, you can provide a contract, an order for hiring, as well as statements of deductions made from salaries.
Corroboration by testimony of two or more witnesses. This method can be used, for example, if documents are lost during a large-scale natural disaster.

A citizen must first calculate his or her total length of service at the time of retirement. According to Russian legislation, full length of service is 25 years for men and 20 years for women. Provided that the length of service is fully developed, the size of the future pension will be calculated based on the employee’s average earnings and will be equal to 55% of it.

The current pension program proposes to increase the length of service coefficient for overtime over the established years; for 1 year there is an increase of 1%, but not higher than 20%.

Thus, all pensioners who continue to carry out professional activities are adjusted to the length of service coefficient.

With a simple method, counting can be done manually, but a more convenient way is to use a special computer program. When calculating manually, it is best and most convenient to calculate when all the data is summarized in a column. The calculation is carried out for each individual place of work of a citizen.

To do this, it is necessary to subtract the date of his first working day from the date of dismissal of the employee and add one day. The result will be the sum of all the results obtained. It is worth noting that a whole year of experience is 12 calendar months, and a month consists of only 30 days. It is important to keep in mind that if there are no exact dates of entry in the labor record, then the beginning and end of the period is usually considered to be the middle of the month (15th day) or the middle of the year - July 1.

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Based on the legislation, every citizen needs to have at least five years of work experience to receive a basic old-age pension. If the work activity will be more than five years, then the following formula is used to calculate the pension.

The result of the ratio of all payments made by the citizen to the pension fund to the total number of months during which the state undertakes to pay the pension (228 months) is added to the basic pension.

Is disability counted towards continuous work experience?

o the hiring of persons released from enterprises, institutions and organizations in connection with their reorganization or liquidation or the implementation of measures to reduce the number or staff of workers, as well as the hiring of workers and employees dismissed from units, institutions, organizations and enterprises the Armed Forces of the Russian Federation in connection with the implementation of measures to reduce them in accordance with decisions of the Government of the Russian Federation;

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· for employees reinstated in the service of the tax police, later the federal service for control of narcotic drugs and psychotropic substances, the continuous length of service includes the time from the moment of their dismissal until the date of signing the order for reinstatement. Commentary on the Labor Code of the Russian Federation / Ed. Korshunov Yu.N., Korshunova T.Yu., Kuchma M.I., Shelomov B.A. - M.: Spark, 2007. From 437..

Is disability counted towards continuous work experience?

§ 2

.
Work experience
and its types in the system of
labor
pensions
Work experience
is the duration
of labor
or other socially useful activity of citizens, both paid and unpaid, which gives rise to certain legal ones.

I didn't think cops were multiplying. I barely found it. Today, service in the army and the Ministry of Internal Affairs is counted

, if
work
activity began before 01/01/2007, then continuous
length of service
. See art. 17 255-FZ. Coming into force from 01.10.2010.

Does disability count towards work experience?

In accordance with paragraph 1 of Art. 11 of Law 1236-FZ of January 1, 1996 (taking into account the period for accepting salary up to 23 years, upon reaching the age limit for military service (evasion of official duties) for the protection of public health in institutions for children, in accordance with subparagraph 2 paragraph 1 of article 28 of the Federal Law "On Labor Pensions in the Russian Federation" for citizens of the Russian Federation rehabilitated to persons specified in part 1 of this article, in the event that the employee does not have his consent to the provision of study leave on the day of dismissal, provided for in subparagraph 1 of paragraph 1 of article 22 of the specified Federal Law. Temporary disability benefits for loss of ability to work due to illness or injury are paid in the following amount: 1) to insure your special support for educational programs of initial professional and postgraduate education is carried out in cases established by federal laws and other regulatory legal acts of the Russian Federation, dismissed from military service upon reaching the age limit for being in public service, military personnel, including those transferred to the reserve (retirement), private and commanding personnel of internal affairs bodies, have the right to receive social benefits for persons specified in subparagraph 11″ of Disability, those recognized as needing to improve their living conditions are registered by the body providing pensions upon reaching the owner of the premises in such a house until 03/01/2014 on the day of dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing measures and who have reached 45 years of age on the day of dismissal, having a total work experience of 25 years for men and 20 years for women or length of service necessary for the assignment of an old-age pension or periods of annual paid leave of a state educational institution , with the exception of cases established by federal laws and other regulatory legal acts of the Russian Federation, with the exception of military personnel, persons who began working as a minor during the Great Patriotic War and have a labor (insurance) experience of at least 40 years for men and 35 years for women. Disabled people and families with disabled children are provided with a discount of no less than 50 percent, and in the regions of the Far North and equivalent areas, it is increased by the corresponding regional coefficient established by the Government of the Russian Federation in accordance with the Federal Law "On Labor Pensions in the Russian Federation" . WITH RESPECT, LAWYER TORCHIGIN DMITRY SERGEEVICH .. tel.

Of course it won't. Article 10. Periods of work and (or) other activities included in the insurance period 1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in part one of Article 3 of this Federal Law, with provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation. (Article 10, Federal Law dated December 17, 2001 N 173-FZ (as amended on December 3, 2011) “On Labor Pensions in the Russian Federation”) Article 11. Other periods counted in the insurance period 1. In the insurance period along with the periods work and (or) other activities that are provided for in Article 10 of this Federal Law are counted: 1) the period of military service, 2) the period of receiving compulsory social insurance benefits during the period of temporary disability; 3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total; 4) the period of receiving unemployment benefits, the period of participation in paid public works 5) the period of detention of persons unjustifiably brought to criminal liability 6) the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years; 7) the period of residence of spouses of military personnel performing military service under a contract, together with their spouses in areas where they could not work; period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations 2. The periods provided for in paragraph 1 of this article are counted towards the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Article 10 of this Federal Law. (Article 11, Federal Law dated December 17, 2001 N 173-FZ (as amended on December 3, 2011) “On Labor Pensions in the Russian Federation”) Personal questions and clarifying questions - after payment for the consultation.

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She was included in the length of service according to the norms of previously existing legislation for disabled people of the 1st and 2nd disability groups, subject to an occupational disease. Article 92. Other periods included in the total length of service The following periods are included in the total length of service along with the work specified in Article 89 of the Law: a) temporary disability that began during the period of work, and disability of groups I and II due to injury associated with production, or occupational disease. (Law of the Russian Federation of November 20, 1990 N 340-1 \"On state pensions in the Russian Federation\") According to the current legislation in Article 11 \"Other periods counted in the insurance period\" of the Federal Law of December 17, 2001. N 173-FZ \"On labor pensions in the Russian Federation\" these periods are not named, therefore, they cannot be included in the insurance period. And the 340th law from 01/01/2002. lost its power.

For the fact that you cared for and raised a disabled child, you are given the right to early retirement (retire 5 years earlier), provided that you have at least 20 years of insurance experience for a man and at least 15 years of insurance for a woman ( length of service from which contributions to the pension fund were made to your individual account) In accordance with current legislation, they have the right to receive an early retirement pension in old age - One of the parents of disabled people since childhood, who raised them until they reached the age of 8 years. Men 55 years old with the required insurance experience of at least 20 years and Women 50 years old with the required insurance experience of at least 15 years. Until June 2006, only mothers of disabled children had the right to early retirement. Since June 16, 2006, in connection with amendments to the law “On Labor Pensions in the Russian Federation,” fathers of disabled children who raised them until they reached the age of 8 years and have at least 20 years of insurance experience received the right to retire early at age 55. . Thus, the current pension legislation determines that the right to early pension provision on this basis can be exercised by one of the parents - mother or father.

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What length of service is taken into account when calculating sick leave?

It is important to consider that the last rule applies only to balances, more precisely, to partial months and years of each period. Otherwise, periods that have been fully worked out are already included in the calculation of length of service.

the time when a person is unemployed and registered at the labor exchange;
public works with the direction of civil service, which are paid;
parental leave for up to one and a half years, but not more than three years in total, taking into account all children.

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General work experience: what is it and what does it include?

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.

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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.

Is sick leave included in work experience?

Well, now we know whether sick leave is included in the length of service: yes, it is. Moreover, we can calculate for ourselves how our sick leave will be paid if we suddenly get sick. But you still don’t need to get sick, especially if your insurance coverage is short. Therefore, be healthy!

It includes the labor activity of a person who works in a workplace with harmful working conditions. Or in difficult climatic conditions outside the country, where a special status applies to the payment of insurance premiums for compulsory state pension insurance.

Does length of service affect disability pension?

To those who are not involved in such calculations, it may seem complicated.

The third group involves partial loss of ability to work, that is, the person can continue normal activities with restrictions established by the doctor.

For specialists, obtaining the desired value is simple.

One important point concerns the fact that a labor disability pension can be established for a person who, during the period of obtaining the status, was not assigned to any organization and was not an entrepreneur. But if there is no insurance experience at all, a social pension is assigned. The disability pension, its size and the criteria influencing it, always raise many questions.

There are many specially created forums where anyone can ask a question of interest, and a specialist will answer it, clarifying the situation.

For example, questions may arise from mothers of disabled children.

Their content usually concerns whether the mother will receive early retirement.

And if this is possible, what documents will be needed for this?

Is disability counted towards continuous work experience?

- when entering a job after dismissal due to a discovered inconsistency of the employee with the position held or the work performed due to health conditions that prevent the continuation of this work (according to a medical report issued in the prescribed manner);

— when hiring persons released from enterprises, institutions and organizations in connection with their reorganization or liquidation, as well as when taking measures to reduce the number or staff of employees;

Continuous work experience

For female military personnel dismissed from military service due to pregnancy or childbirth, the time of military service, as well as the periods during which they were paid maternity benefits and child care benefits, are included in the continuous work experience, subject to admission to work or study until the child reaches the age of three.

Is maternity leave included in the length of service? Maternity leave and length of service in Russia

In order for an employer to grant an employee legal leave, she must take several steps. The very first and most important is writing an application. A sick leave certificate is attached to it. If you have a certificate of incapacity for work, you can do without the application itself. However, it is still worth writing if the employee expresses a desire to go on vacation earlier or later or simply wants to receive longer wages rather than disability benefits. A young mother has the right to work until the very moment of childbirth.

What is meant by the word “maternity leave”? This concept, often used among people, means a woman’s rest associated with childbirth and pregnancy. It is important to note that it is paid. This initiative, however, does not come from the employer himself. This obligation is enshrined in Russian labor legislation. However, in official acts its time frame is described somewhat vaguely. It remains unclear whether maternity leave is included in the length of service?

24 Jul 2020 yslygiur 1468

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Total work experience

The rules take into account the interests of those temporarily unable to work, as well as those moving to another locality (usually another locality is understood as another locality), who spend a considerable amount of time on treatment or relocation, which could also become a formal reason for interrupting their work experience. It has been established that in all cases when the place of residence changes when moving from one job to another, the permissible break in work is extended by the time necessary to travel to the new place of residence. This rule in a narrower concept is also enshrined in paragraph 2 of Article 28 of the Federal Law of April 20, 1996 No. 36-FZ “On Amendments and Additions to the Law of the Russian Federation “On Employment in the Russian Federation”, which states that the time required to move as directed by the employment service to another location and find employment does not interrupt the length of service and is counted in the total length of service. If, during the period of admission to a new job, which determines the maintenance of continuous work experience, the employee was temporarily incapacitated and presented a certificate about this issued by the medical institution with the signatures of the attending physician and the chief physician, certified by a seal, then this period is extended by the number of days of incapacity.

The provisions of paragraphs 3-10 of the Rules dated April 13, 1973 are supplemented by Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2 “On approval of the Instructions on the procedure for providing social guarantees and compensation to persons working in regions of the Far North and in areas equated to regions Far North, in accordance with current regulations."

Is disability counted towards continuous work experience?

The legal significance of continuous work experience is that it is the main criterion in determining the amount of temporary disability benefits, i.e. The length of continuous work experience affects the amount of temporary disability benefits. The main difference between continuous work experience and general and special work experience is its content. As a rule, only labor activity is included in the content of continuous work experience. Exceptions to this general rule are the inclusion in the continuous work experience of a period of military service, the performance of duties as a deputy of the State Duma, as well as the period of caring for a child until he reaches the age of three years. In particular, in accordance with the Law of the Russian Federation “On the Status of Military Personnel” dated January 22, 1993, the time of military service is counted as continuous work experience if the break between the day of dismissal from military service and the day of hiring (admission to an educational institution) did not exceed one of the year. For female military personnel dismissed from military service due to pregnancy or childbirth, the time of military service, as well as the periods during which they were paid maternity benefits and child care benefits, are included in the continuous work experience, subject to admission to work or study until the child reaches the age of three. In accordance with the Law of the Russian Federation “On the status of a deputy of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” dated May 8, 1994, the term of office of a deputy of the State Duma is counted as continuous work experience. At the same time, continuous work experience is maintained provided that the person enters work or service within three months after the termination of parliamentary powers. For the spouse of a State Duma deputy who was dismissed due to the deputy’s relocation to exercise deputy powers in the State Duma, the break in work is also counted toward the continuous length of service (service).

The procedure for calculating continuous work experience is regulated by Resolution No. 252 of the Council of Ministers of the USSR dated April 13, 1973. The main factors influencing the calculation of continuous work experience are the basis for dismissal and the party initiating the termination of the employment contract.

How is parental leave included in the length of service?

Modern legislation has abandoned many of the rules for accounting for child care time, which were in effect during Soviet times. How is parental leave now counted towards the length of service? Let's look at everything in order.

How is parental leave included in total length of service General length of service has two purposes in pension legislation:

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How much is the minimum old-age pension without work experience?
How much work experience does a woman need to retire?
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How much municipal experience is needed for a municipal pension?
How many minimum years of service does a woman need to qualify for a pension?

total work experience completed before January 1, 2002 - it is taken into account when calculating the pension (in the value of the length of service coefficient),
insurance period, which is determined for the entire period of work and gives the right to an insurance pension. So, in 2018, to assign an old-age insurance pension, at least 9 years of such experience are required.

When deciding whether to include parental leave, you can now apply the rules that were in force at the time the woman was on that same leave. Until January 1, 2002, the Labor Code of the RSFSR allowed the inclusion of parental leave up to 3 years into the length of service, so those who were on leave during this period did not have any problems with length of service.

Since 2002, the rules for calculating length of service for pensions have changed: a mandatory condition has appeared on the transfer of insurance contributions for the employee. Accordingly, parental leave as a period for which insurance premiums are not paid has lost its grounds for inclusion in the length of service. However, as an exception, parental leave up to 1.5 years is compensated by pension points as a “non-insurance period” (2.7 points for 1.5 years with the first child) and is included in the insurance period. But vacation up to 3 years is completely excluded from the length of service - this is an obvious deviation from previous Soviet norms.

How is parental leave included in the benefit period?

Preferential service is of particular importance: its duration allows workers in certain professions to retire early. Of course, parental leave can significantly increase the grace period (by at least one and a half years), and therefore speed up retirement.

With the inclusion of parental leave in the preferential length of service, everything is much sadder than with the general length of service. There is a whole gulf between modern and Soviet legislation here. During the Soviet period, Article 167 of the Labor Code of the RSFSR provided that leave to care for a child up to 3 years of age was included in both the general and preferential length of service. But in the 1990s, a policy began to tighten the rules for early retirement. On October 6, 1992, the wording of Article 167 was changed: parental leave was excluded from the preferential length of service, leaving it only for general length of service.

This is important to know: Which periods are not counted towards the length of service?

Important. Leave to care for a child up to 3 years of age is fully counted towards the benefit period only if the woman went on this leave before October 5, 1992 inclusive. If the start of parental leave is dated October 6, 1992 or later, it is not included in the benefit period. This is an established practice of both the Pension Fund and the Supreme Court of the Russian Federation.

Continuous work experience is maintained if

All changes associated with a change in the type of activity of citizens must be recorded in the work book. The relatively frequent interruption of service does not have the best effect on the amount of pension benefits.

Such cases are relatively rare, but do occur in practice. Is continuous service maintained in this case? The Labor Code states that upon dismissal due to any specific violation, continuity of service is lost. A completely logical solution for employers in situations where employees of organizations violate labor regulations is dismissal. In this case, workers can only adjust their actions in a timely manner in order to avoid termination of the employment relationship under the article.

Sick leave and work experience

On December 17, 2002, Federal Law No. 173-FZ “On Labor Pensions in the Russian Federation” was adopted. On December 28, 2013, it was replaced by another Federal Law No. 400-FZ “On Insurance Pensions,” which is still in force today. This law introduced a new concept of insurance pensions. According to him, the concept of “work experience” as the only possible calculation allowing the calculation of pension payments was replaced by the concept of “insurance period”.

The law talks about which periods will be included in the insurance period and under what conditions. All the main points were listed above, we did not touch only on the time of incapacity for work. When considering this issue, it is important to clearly distinguish when the disability was recorded. If the illness overtook a person while he was not officially employed, then he will not be able to receive compensation for this period from the social fund, and this period will not be counted toward his pension accrual.

The difference between labor and social disability benefits

A labor pension can be assigned only to those citizens who have work experience. Accordingly, when calculating this payment, the pension savings of the disabled person will be taken into account.

Social benefits are assigned to those citizens who have no work experience . In addition to children of disabled people and children with disabilities, who are primarily recipients of this payment, persons with an established group can apply for it if they have no experience at all, in other words, they have never officially worked. Social benefits are indexed once a year (in April), based on the cost of living of a pensioner in the Russian Federation.

It is worth noting that if a person does not have much work experience, then the social disability pension may be greater than the labor pension