Discussions about increasing the retirement age continue. Representatives of different social groups argue and cannot come to a common opinion. Now the retirement age in Russia for men is 60 years old, for women 55. Some citizens have the right to reduce this time limit and to early retirement. The list of professions, positions, specialties whose representatives can take advantage of the benefit is approved by the Government of the country.

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Basic Concepts

Let's start with what a preferential pension is. This is early retirement, which is assigned before achieving the generally accepted retirement age:

In everyday life, the concepts of “preferential pension” and “preferential length of service” are accepted. It’s correct to say: early retirement pension, early retirement.

The following concept is general seniority

This is the total duration of activity (labor, socially useful). It is established on the basis of documentation, which is issued by enterprises in the prescribed manner.

Another definition is special experience

This is a period of work under special conditions, which is the basis for early retirement.

What it is

Based on economists' calculations, every seventh pension in Russia is assigned before the generally accepted age. Early retirement– a fairly common phenomenon.

It has a number of general and specific parameters. So, the general characteristics are:

frequency of payments made from the Pension Fund of the budget;
their legal basis.

Specific signs include:

availability of special and insurance work experience;
its duration;
lifetime nature of the pension;
payments in addition to or instead of wages.

The main reason for assigning an early pension is work under special conditions.

Who is entitled to

Performance labor responsibilities over a certain period.
Special social status.

The first point will be discussed in detail later, as for the second, this category includes:

mothers who raised 5 or more children are provided with retirement at 50 years of age;
citizens who have group I visual impairment;
persons who are guardians of disabled people since childhood;
people who have become disabled due to war trauma.

As well as citizens who have worked for at least 20 years in remote areas or worked in Far North 15 years. If they have such length of service, then they have the right to a well-deserved rest:

In addition to the noted positions, citizens of pre-retirement age who were dismissed due to the termination of the activities of an individual entrepreneur or the liquidation of an enterprise have the right to early retirement.

List of preferential professions for early retirement

Based on the current Article No. 27 of Law No. 173-FZ, a preferential pension is assigned to citizens whose work activities meet several conditions:

Availability of funds required for the funded part of the pension.
I have Russian citizenship.
The person permanently resides in the country.
The citizen is insured in the state pension system.

Subject to these conditions, as well as reaching a certain age, availability insurance period and length of service in special working conditions, early retirement is granted.

Representatives of 24 groups of professions have the right to retire early. It is worth considering the lists adopted by the Russian Government in detail.

The first broad group is citizens who are employed in production with harmful and difficult working conditions:

underground work (shafts, pits, subway, tunnel construction);
work in oil refining, production of ammunition, electrical devices, etc.;
labor in “hot” shops (for example, glass melting, non-ferrous and ferrous metallurgy);
work in nuclear energy.

Citizens who worked in one of the listed categories have the right to retire earlier than the generally accepted period:

Experience in one of the noted industries must be:

Another list provides for early retirement for citizens. Must be in one of the categories noted below

This list includes:

Work on one of the modes of transport (sea, railway, aviation, urban).
Work in the food or light industry, production of pharmaceuticals.
Open pit mining operations.
Geological exploration work.

Also preferential pension have the right to receive:

medical personnel;
pilots;
parachutists;
firefighters;
emergency responders;
theater, ballet and circus artists;
timber rafting and logging workers.

Separately, it is worth noting the list of teaching positions for preferential pensions. They also have the right to retire early.

This is specified in Law No. 173-FZ of December 17, 2001. The following apply for a preferential pension:

Directors.
Teachers.
Teachers.
Speech therapists.
Defectologists.
Music directors and psychologists.

Basic rules - work must be associated with increased psychophysiological stress and the educational process. These are the features of receiving a preferential pension in education.

Another industry that employs hundreds of thousands of people is construction. Workers in this industry are also entitled to early retirement.

The list includes both management positions and representatives of working specialties.

Groups of workers in construction can legally receive a preferential pension:

asphalt concrete paver operators;
brigade masons and stone cutters;
bitumen workers and roofers;
foremen and foremen of installation and construction work.

Who is eligible

Any citizen whose work involves special conditions has the right to apply for a preferential pension. First, you should check the availability of your specialty in the lists noted above.

The best option is to carefully study Articles 30 and 31 of the Federal Law “On Insurance Pensions”. These legislative acts contain detailed information in all specialties.

It is worth noting that the benefit is granted only if all conditions are fully met (especially with regard to length of service).

Where to contact

If all the citizen’s data is eligible for preferential pension provision, then there is a direct path to the Pension Fund. It is this structure that makes a positive or negative decision.

Fund specialists study the citizen’s work record.

If the document contains inaccuracies or recording errors, you will need to provide other documentation:

work sheet;
HR department registration card;
employee, etc.

Taking into account such difficulties, it is better to contact the Pension Fund of the Russian Federation in advance, optimally 1.5–2 years before retirement. The institution’s specialists will qualitatively and promptly review the submitted documents and provide detailed advice.

The standard set of documentation includes:

Passport.
Employment history.
SNILS.

You may also request:

, which will confirm the harmfulness of production.
about the presence of disability, etc.

Important! The citizen must submit a package of documents in advance. In this case, the pension will be accrued to him from the moment he reaches a certain age.

If an individual provides documentation after reaching retirement age, then the due payments will be accrued only from the moment the corresponding application is submitted.

Video: what documents are needed to apply for a preferential pension

List of works that give the right to preferential exit

There are quite a few categories of such work. All of them are noted in the relevant lists approved by the Government of the Russian Federation.

Such work includes:

work in hot shops, with harmful or difficult conditions;
underground works;
the work of women as tractor drivers in the agricultural industry, etc.

Look full list can be found in Articles 27 and 28 of Federal Law No. 173 “On Labor Pensions in Russia”.

FAQ

The most common question among citizens is related to the reasons for refusal to grant a preferential pension.

There are several such reasons:

Length of work experience cannot be verified.
The position noted in the work book does not correspond to the name in the legislative acts.
It is impossible to establish the fact of work at a specific enterprise.

If the employee does not agree with the decision of the Pension Fund, then he has the right to appeal it.

Does a printing house worker (printer) have the right to leave?

Employees working in printing production can apply to the Pension Fund for a preferential pension. Such rights are granted to both men and women working in this industry.

Is the profession of a radio assembler eligible for a preferential pension?

No. This specialty does not give the right to receive an early pension. A woman retires at age 55.

Who is assigned to in the oil industry?

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Decision No. 2-643/2013 M-590/2013 2-24/2014(2-643/2013;)~M-590/2013 2-24/2014 dated January 13, 2014

Case No. 2-24/2014

SOLUTION

In the name Russian Federation

Rudnyansky District Court of the Volgograd Region, consisting of:

presiding judge E.V. Lemeshkina,

under secretary Osmakova O.I.,

with:

plaintiff Nikitin S.V.,

representatives of the defendant - the Office Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region - Guzenko A.A., Gerasimenko O.V., acting by proxy,

having considered in open court a civil case based on the claim of Nikitin S.V. to the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region to challenge the decision to refuse to grant an early labor old-age pension,

INSTALLED:

By decision No. of the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of Volgograd from DD.MM.YYYY Nikitin S.V. refused to grant an early old-age pension as a person who worked in jobs with difficult working conditions, with reference to the fact that the periods of his work from DD.MM.YYYY to DD.MM.YYYY were a 4th category driller; from DD.MM.YYYY to DD.MM.YYYY – drilling rig operator, 3rd category; from DD.MM.YYYY to DD.MM.YYYY – drilling rig operator, 3rd category; from DD.MM.YYYY to DD.MM.YYYY - drilling rig operator of the 4th category, cannot be included in the length of service giving the right to receive an early retirement pension in connection with performing work under difficult working conditions.

Nikitin S.V. filed a statement of claim in court, challenging the said decision on the defendant not including in the preferential length of service the periods of his work as a 4th category driller, 3rd category drilling rig operator, 3rd category drilling rig operator, 4th category drilling rig operator, indicating that from the special experience the above periods of his work were excluded. Considers the decision of the Pension Fund in the Rudnyansky district to be illegal and subject to cancellation, since by virtue of the Law it has the right. DD.MM.YYYY he was hired as a 6th category mechanic. DD.MM.YYYY was transferred to the same organization as a 4th category driller. DD.MM.YYYY he is assigned the 3rd category of drilling rig operator. DD.MM.YYYY he was voluntarily dismissed from this organization. The special nature of the work during controversial periods is confirmed by entries in his work book, which is the main document confirming labor activity and the employee's length of service. He performed the work in good faith for a full working day, and the obligation to provide information regarding the insured persons rests with the employer. Moreover, the absence of this information cannot influence the assignment of an early retirement pension, since he cannot be held responsible for the organization’s specialists who did not submit primary documents to the archive. Asks the court to recognize the contested decision of the UPFR in the Rudnyansky district as illegal; oblige the defendant to include the disputed periods in the special length of service giving the right to early appointment old-age labor pension; oblige the defendant to appoint him early labor pension for old age from DD.MM.YYYY year, that is, from the date of application for the specified pension.

Plaintiff Nikitin S.V. at the court hearing, he supported the stated requirements in full, referring to the arguments set out in the statement of claim, and asks the court to satisfy them. He explained that he performed drilling work constantly for a full working day, sometimes for days, until the drilling cycle was completed, since the technological process could not be interrupted.

Representatives of the defendant - UPFR in the Rudnyansky district Guzenko A.A., Gerasimenko O.V. at the court hearing stated by Nikitin S.V. the claims were not recognized, explaining that on the date of application for a labor pension from Nikitin S.V. there is no length of service giving the right to early assignment of an old-age labor pension. When assigning an early old-age pension to “drillers” and “drilling rig operators”, it is necessary to prove additional conditions for performing a preferential profession, i.e. full-time employment in jobs with special working conditions. From documents available in pension matters, about the periods of work of Nikitin S.V. In order to assign an early retirement pension in old age, it is impossible to determine his permanent full-time employment in a position that gives the right to preferential pension provision. There are no documents on personnel confirming the nature of S.V. Nikitin’s work in the district archive, and based on the entries in the work book alone, it is impossible to determine the nature of the work performed. The plaintiff’s reference in the statement of claim to confirmation of the nature of his work by the testimony of witnesses is unacceptable, since in accordance with the current legislation, in order to confirm the nature of the work performed, the plaintiff has no right to refer to the testimony of witnesses as inadmissible evidence. The lawsuit asks Nikitina S.V. refuse.

After hearing the parties and studying the case materials, the court finds statement of claim Nikitina S.V. subject to satisfaction.

DECIDED:

Claims of Nikitin S.V. to the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region to challenge the decision to refuse to grant an early labor old-age pension, satisfy.

Recognize the Decision of the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of Volgograd region dated DD.MM.YYYY No. on the refusal to Nikitin S.V. It is illegal to assign an early old-age pension to a person who has worked in jobs with difficult working conditions.

Oblige the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region to include Nikitina S.V. in preferential length of service, giving the right to early retirement pension in old age, periods of his work from DD.MM.YYYY to DD.MM.YYYY in the position of 4th category driller; from DD.MM.YYYY to DD.MM.YYYY as a 3rd category drilling rig operator; from DD.MM.YYYY to DD.MM.YYYY as a 3rd category drilling rig operator; from DD.MM.YYYY to DD.MM.YYYY as a 4th grade drilling rig operator.

Oblige the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region to appoint Nikitin S.V. early retirement pension in old age with DD.MM.YYYY, that is, from the moment the right to receive it arises.

To recover from the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Volgograd region in favor of Nikitin S.V. expenses for payment of state duty in the amount of.

The decision can be appealed by the parties to the Volgograd Regional Court through the Rudnyansky District Court of the Volgograd Region within 1 month.

Judge: E.V. Lemeshkin

Court:

Rudnyansky District Court (Volgograd Region)

Due to the complexity and specificity professional activity workers in the gas and oil industry are entitled to early retirement benefits. To assign an early retirement pension, the following grounds are required:

- reaching the age of 50 years for men and 45 years for women, if they have worked in jobs with particularly harmful and particularly difficult working conditions for at least 10 years and 7 years 6 months, respectively, and have an insurance period of at least 20 and 15 years, respectively. These are workers engaged in the processing of oil and gas, gas condensate, coal and shale in accordance with Section X of List No. 1.*
- reaching the age of 55 years for men and 50 years for women, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively. These are workers, managers and specialists engaged in drilling, production and processing of oil, gas and gas condensate, in the processing of coal and shale in accordance with Section XII of List No. 2.*

When operating wells in fields, the main task of workers is to ensure the process of extracting oil or gas from the reservoir. Subsection 2 “Extraction of oil, gas and gas condensate” of section XII of List No. 2* indicates professions, some of which are contained in subsection 1 “Drilling” of the same section of the specified List. This is due to the fact that in the process of oil and gas production, drilling operations are carried out: observation, injection and control wells are drilled, which form a unified field development system.

It should be noted that the right to early assignment of a labor pension is enjoyed by workers of certain professions when performing certain types of work, for example, line pipeline workers if they service pipelines transporting hydrogen sulfide containing gas and condensate from the field to the plant.

In addition to workers directly involved in the extraction or processing of oil and gas, the right to early pension provision is enjoyed by workers of the gas rescue service, such as commanders and assistant (deputy) commanders of detachments, platoons, commanders of departments, points, respirators (fighters) of paramilitary units and detachments for the prevention and elimination of open gas and oil gushers.

The amount of early retirement pension in old age for workers in the oil, gas and fuel industries is determined by general rules. It depends on the length of total work experience and earnings before January 1, 2002, the total amount of insurance premiums received by the Pension Fund for the insured person after January 1, 2002, based on individual (personalized) accounting data.

_____________________________________

* Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 “On approval of Lists of production, work, professions, positions and indicators giving the right to preferential pension provision”

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

DD.MM.YY mountains Guryevsk, Kaliningrad region

The Guryevsky District Court of the Kaliningrad Region, composed of the presiding judge Marina S.V., with the secretary Garin E.I., having considered in open court a civil case on the claim of D against the state institution, the Administration of the Pension Fund of the Russian Federation in the Guryevsky District of the Kaliningrad Region, to declare illegal the decision on refusal to grant an old-age pension, forcing the defendant to count periods of work into the length of service, oblige to eliminate in full the committed violations of rights by early assignment of a pension on preferential terms with DD.MM.GG, with the participation of third parties OJSC PMK-3 Guryevskaya , CJSC Guryevskagropromenergo.

installed:

Initially, plaintiff D filed a lawsuit against the state institution, the Office of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region, asking to declare illegal the decision of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region dated DD.MM.GG No. on the refusal to grant an old-age pension on preferential terms. , oblige the defendant to count into the length of service giving the right to an old-age pension on preferential terms the periods of work: from DD.MM.YY to DD.MM.YY (10 years 1 month 6 days) in the Guryev SMU (later renamed the Guryev PMK -19, currently CJSC PMK-3 "Guryevskaya") as a driver-driller of a 4th category auto-drilling unit, and from DD.MM.YY to DD.MM.YY (3 years 4 months 3 days) at the Guryev enterprise "Agropromenergo" "(renamed to CJSC Guryevskagropromenergo) as a drilling rig operator of the 3rd category, and the total period of work with difficult working conditions is 13 years 5 months 9 days, oblige the defendant to eliminate in full the violations of the plaintiff's rights by early assignment of a pension on preferential terms with DD.MM.GG, indicating that DD.MM.GG he turned to the defendant with an initial application for an old-age pension on preferential terms due to difficult working conditions, in accordance with paragraph 2, paragraph 1. Article 27 of the Federal Law of December 17, 2001 No. 173 “On Labor Pensions in the Russian Federation” earlier than the generally established period, indicating that he worked in jobs with difficult working conditions for more than 12 years and 6 months. The position of driller (drilling rig operator) is named in “List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to state pension on preferential terms and in preferential amounts." Having the required duration of insurance experience of more than 25 years, he indicated that he has the right to receive a pension from the age of 55; controversial periods of work giving the right to receive an old-age pension on preferential terms are confirmed by an entry in the work book and certificates issued by the archival department of the Guryevsky Administration municipal district and organizations that are the legal successors of those organizations in which he carried out his labor activities.

Considers the decision to refuse to include controversial periods of work in the special work experience for the assignment of an early retirement pension and the refusal to assign a pension as illegal and unfounded.

Thus, the reason for not including the State Pension Fund of Russia for the period of operation of the Guryev SMU (PMK-19) was the lack of supporting documents on the depth of drilling wells (over 50 meters and supervision by state supervisory authorities); surcharge of 30% of the salary for drilling rig maintenance. Meanwhile, during the indicated period, he worked as a driller for the URB-2A auto-drilling unit, 4th category. Operating a self-propelled drilling unit is included in the preparatory and auxiliary work of a driller; the entry in the work book - driver-driller of a self-propelled drilling unit is made as a profession with a double name. According to the characteristics of the work, the position actually combines two positions: the main one - a driller, and driving a self-propelled drilling rig to the place of drilling work and back, as a driver (driver), despite the fact that this is included in the preparatory and auxiliary work of a driller (drilling rig operator) . Subsequently, the position was unified. His main work in this organization, in this position, was mainly construction work; maintenance and current and overhaul of artesian wells, which are water intake structures (water intake devices). Thus, he took part not in hydrogeological work, but in the construction of structures; in maintenance; preventative; current and major repairs of water intake structures (artesian wells); regulation and repair of systems and equipment; preventive and routine repair of lift mechanisms; disinfection with chlorine solution; carrying out hydrochloric acid treatment of wells and other work performed on a URB-2A drilling rig and manually.

Confirmation of the depth of well drilling and supervision by government agencies is not required for several reasons. The subsection “Structures” includes engineering and construction projects, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions not related to changing the subject of labor, or for performing various non-production functions.

Since artesian wells are a water intake structure, and do not relate to exploration and operational drilling of water wells, which is confirmed by SNiP 2 04.02-84, SNiP 3.05.04-85, as well as the all-Russian classifier of fixed assets OK 013-94 (OKOF) (and in previously accepted deadlines), in this case there is no need to confirm the depth of drilling of the well and its supervision by state supervision authorities. Water intake structures are a complex engineering facility consisting of many elements and systems. Water intake structures include submersible pumps, water flow metering sensors, pumping stations, reservoirs for drinking water and fire-fighting water, and other systems. The composition of water intake structures is formed depending on operating conditions and required performance characteristics. Water intake wells, especially those with mechanized water lifting, require periodic maintenance, repair, monitoring of their operation and the position of the dynamic level.

Carrying out the construction, maintenance and repair of water intake structures, he thereby took part in the maintenance of the water intake structure - an artesian well.

Since a drilling rig cannot arrive at the drilling site without human assistance, this is done by a driller, who is part of a team of 3 people, who must have a driver’s license and know the rules traffic and etc.

The obligation to operate a self-propelled drilling unit (machine) by a driller (later - a drilling rig operator) is indicated, for example, in the driller's job description. The section “Characteristics of work” clearly indicates the responsibility for managing a drilling rig or installation of various types used during drilling operations.

This requirement is also contained in ETKS (unified tariff and qualification reference book), issue 4, approved. Decree of the State Labor Committee of the USSR and the All-Russian Central Council of Trade Unions dated July 17, 1985 No. 225/15-87 (replacing the previously existing ETKS, issued from 1969 to 1974), as well as the subsequently issued ETKS, approved. Resolution of the Ministry of Labor of the Russian Federation dated August 12, 2003 No. 61 “On approval of the Unified Tariff and Qualification Directory of Work and Professions of Workers,” issue 4, which also states in the “Characteristics of Work” that drilling rig operators are engaged, among other things, in managing drilling rigs and installations various types, including self-propelled ones based on tractors, when drilling and expanding wells. They are engaged in installation, dismantling, moving, preparing for work, installing and adjusting drilling equipment and much more. According to this tariff and qualification characteristics, work and workers engaged in drilling and servicing wells of all types are charged, except for oil and gas wells.

In addition to the actual drilling work (most of the working day), the plaintiff indicated that he moved the drilling rig both to the place of work and to the storage place after completion of work; the drilling rig was serviced (refueling, routine repairs of the installation, issuing waybills, undergoing a personal medical examination before departure, etc.)

He was transferred to the position of driller (from another position) with piecework wages with an additional payment for servicing the drilling rig in accordance with the regulations (order No. 99-k dated July 14, 1978), i.e. received additional payment for expanding the service area or increasing the volume of work performed.

The time when a driller (drilling rig operator) transports a self-propelled drilling rig from one place to another, taking into account clause 5 of the Explanation, should be included in the length of service giving the right to early retirement, because this work is performed to ensure the main job function of managing the drilling process and relates to preparatory and auxiliary work. This time should be turned on during main operation.

The plaintiff's employment in heavy work amounted to more than 80% of the working time, which was compensated by additional payment.

A driller (drilling rig operator) spends part of his working time driving a self-propelled drilling rig in order to transport it from one place of work to another. In this case, the driller (drilling rig operator) fully performs his functions of managing the drilling rig at the drilling site.

In accordance with the explanation of the State Committee of the Council of Ministers of the USSR on labor and wages and the Secretariat of the All-Union Central Council of Trade Unions dated 04/02/1976 No. 5/8 “On the procedure for applying the Lists of production, workshops, professions and positions in which work gives the right to a state pension on preferential terms and in preferential amounts,” approved. Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 04/02/1976 No. 81/8 “On approval of the clarification of the application of the lists of production, workshops, professions and positions approved by the Resolution of the Council of Ministers of the USSR of August 22, 1956 No. 1173”, work in which gives the right to a state pension for on preferential terms and in preferential amounts" and on the recognition of the invalidation of previously adopted clarifications and resolutions on the assignment of pensions on preferential terms and in preferential amounts" (with amendments and additions) according to List No. 2 in the "Drilling" section it is indicated on the application of previously accepted positions -machinists (drivers) of a self-propelled drilling unit - as drillers - drivers of a self-propelled drilling unit and their assistants.

Believes that the application of the State Pension Fund of the Russian Federation to his work is incorrect and illegal for the position of driller - from List No. 2 Section XXVII “Construction of buildings and structures: industrial, energy, hydraulic engineering, road bridges, transport and communications, residential and cultural and social, as well as above-ground buildings and structures, mines, mines and communications”, approved. Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10.

The right to a preferential pension for a driller is provided for in another section of List No. 2 - Section XXIX “Construction of buildings and structures: industrial, energy, hydraulic, road and bridge, transport and communications, residential and cultural and communal, as well as above-ground buildings and structures, mines , mines and communications", approved. Resolution of the Council of Ministers of the USSR dated August 22, 1956 No. 1173, which was in force during the specified controversial period of its work and gives the right to apply clause 9 of Article 30 of the Federal Law No. 173-FZ of December 17, 2002.

In accordance with paragraph “b” of paragraph 1 of the Decree of the Government of the Russian Federation of July 18, 2002 No. 537 (with subsequent amendments), in case of early assignment of an old-age labor pension to employees engaged in work with difficult working conditions, the time worked before January 1 XXXX g.works provided for in List No. 2 of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Resolution of the Council of Ministers of the USSR of August 22, 1956 No. 1173, is counted towards work experience, giving the right to early assignment of an old-age labor pension, on a par with the work provided for in the 1991 List.

In addition, the effect of Resolution of the Council of Ministers of the USSR dated 08/22/1956 No. 1173, according to which the work of a driller (drilling unit operator) in the period until 01/01/1992 is fully included in the preferential length of service, which gives the right to early assignment of an old-age pension, will apply without any - or additional conditions and additional clarifications of functional responsibilities.

In accordance with Art. 68 and 149 of the Labor Code of the RSFSR, approved. 12/09/1971 for working under harmful and difficult working conditions; for work performed under special temperature conditions; for work related to pollution, he was provided with additional leave (not counting leave for long work experience in the organization) and was given special clothing, safety shoes and personal protective equipment.

When submitting an application to the Main Pension Fund of the Russian Federation in the Guryevsky district, the plaintiff was not required to provide any additional documents regarding the period of work in the Guryevsky SMU (PMK-19), the profile of the organization can be seen from the name.

Regarding the refusal to count the period of work at Guryevskagropromenergo, he also indicated that the decision of the Main Pension Fund of the Russian Federation in the Guryevsky district indicated that, according to CJSC Guryevskagropromenergo, the organization cannot document the preferential nature of the plaintiff’s work with DD.MM. GG according to DD.MM.GG, in connection with which the certificate issued by DD.MM.GG No. was revoked as unreasonably issued.

DD.MM.YY the plaintiff was issued a certificate which indicated: period of work; job title; the right to receive a pension on preferential terms. The grounds for issuing the certificate were: personal card form T-2; personal accounts; payroll statements; production orders.

Having received DD.MM.GG by postal correspondence a refusal to grant a pension, including due to the revocation of a previously issued certificate, DD.MM.GG the plaintiff turned to the organization with a request to issue a copy of the certificate to the Main Directorate of the Pension Fund of the Russian Federation regarding the revocation of the previously issued certificate. Instead, the plaintiff received a second certificate confirming his work as a 3rd category drilling rig operator. The repeated certificate contains the same information as previously, only with a note stating that it is impossible to submit documents such as work orders and certificates of work performed, because they were destroyed due to expiration of the shelf life. Proof of work also includes: a personal card of the T-2 form, books of orders for personnel, pay slips, production orders, which the organization referred to when issuing certificates. Believes that the destruction of work orders and certificates of work performed after the expiration of the document storage period should not serve as a basis for refusal to include the disputed period in the special work experience for the assignment of an old-age pension on preferential terms, as a circumstance beyond the plaintiff’s control.

At Guryevskagropromenergo, the plaintiff, as part of a team of 3 people, performed drilling work related to maintenance, preventive and routine repairs of artesian wells, and other work on a URB-2A drilling rig.

The working conditions of a driller are difficult; in addition, during the work, the body is exposed to various negative factors: noise from the drilling rig; vibration from the drilling machine; work is carried out in all weather conditions outdoors; insufficient lighting when working in an underground pavilion or water towers; the work is carried out in cramped conditions due to the small size of the pavilion; there is a danger of high voltage electric shock; there is a danger of gas poisoning (methane) accumulated in the underground pavilion (there have been fatal cases); the work requires a lot of concentration and depends on the coordinated work of all team members, otherwise any member of the team is exposed to injury; the work requires a lot of physical effort; there is a large load on the musculoskeletal system; many other adverse effects on the body occur.

When hiring for the position of driller (drilling rig operator), the following must be applied: “List of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under 18 years of age is prohibited,” approved. Decree of the Government of the Russian Federation of February 25, 2000 N163 and “List of heavy work and work with harmful or dangerous working conditions, during which the use of women’s labor is prohibited,” approved. By Decree of the Government of the Russian Federation of February 25, 2000. N 162.

Both organizations in which the plaintiff worked were classified as class 11 professional risk, depending on which they set insurance rates for compulsory social insurance against industrial accidents and the risk of industrial injuries.

As a result of unlawful actions of the Main Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region, the right to receive an old-age labor pension on preferential terms, starting from DD.MM.YY (from the date of filing an application with the Main Directorate of the Pension Fund of Russia), guaranteed to the plaintiff by the legislation of the Russian Federation, was violated.

After which, the plaintiff clarified the claims in terms of the grounds for the stated claims, in addition indicating that in accordance with List No. 2 of industries, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts, approved. by resolution of the Council of Ministers of the USSR of August 22, 1956. No. 1173, in section XXIX “Construction of buildings and structures: industrial, energy, hydraulic engineering, road bridges, transport and communications, residential and cultural, as well as above-ground buildings and structures, mines, mines and communications” the position of “driller” is named , according to which the work of a driller in the period before 01/01/1992 is fully included in the preferential length of service, which gives the right to early assignment of an old-age pension, without any additional conditions and additional clarification of functional responsibilities.

Lists No. 1 and No. 2 are applied on the territory of the Russian Federation in accordance with Decree of the Government of the Russian Federation of July 18, 2002 No. 537. Moreover, their validity is not limited to any period (i.e. they are applied during work both before and after January 1, 1992).

Lists No. 1 and No. 2, approved in 1991, and Lists No. 1 and No. 2 of 1956 are built on the same principle (with the exception of the code designation of professions and positions, which is absent in the Lists of 1956), therefore the rules for applying Lists No. 1 and No. 2, approved in 1991, are fully applicable to the 1956 Lists No. 1 and No. 2 regarding their content.

In addition, in accordance with the materials presented to the court, Guryev PMK-19 during the disputed period carried out drilling work, including water wells, with a depth of over 50 meters.

Also, in accordance with the classifiers of types of economic activities according to the technologies of the “Construction” industries, not only the types of construction work are deciphered, but it is also directly indicated that they include repair work related to the listed types of activities.

Plaintiff D did not appear at the court hearing, the day and time of the consideration of the case was duly notified, his representative FULL NAME7, acting on the basis of a power of attorney, supported the claims of her principal in full, asks them to satisfy them, setting out her arguments as they are set out in the claim and in applications for clarification of claims.

Representatives of the defendant Office of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region - Solonchuk A.V. and Voronin T.E., did not agree with D’s claims in full, asked to refuse them, indicating that the periods of work as a driver-driller of a 4th category drilling unit from DD.MM.GG to DD.MM. GG in the Guryevsky SMU (PMK-19, currently CJSC PMK-3 "Guryevskaya"), and as a driller with DD.MM.GG to DD.MM.GG in the enterprise "Agropromenergo" (now CJSC "Guryevskagropromenergo") not are subject to counting towards special length of service for the purpose of early retirement pension in old age.

Thus, in List No. 2 XXXX, the section “Construction of buildings and structures: industrial, energy, hydraulic, road and bridge, transport and communications, residential and cultural and community, as well as above-ground buildings and structures / mines, mines and communications” provides drillers employed in accordance with this section on the new construction of the above buildings and structures.

When compiling List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, the name of this profession was clarified under code XXX - hole drillers.

Additionally, section XXVII of List No. 2 includes the profession of drilling rig operator under code XXX. These installations are widely used when drilling water wells. Such work previously did not give the right to preferential pension provision (see review of the practice of pension legislation for the first quarter of 1982 with reference to letter of the USSR State Committee for Labor dated November 20, 1981 No. 1634-9). When drawing up and approving this section of List No. 2 in 1991, it was decided to extend preferential pension benefits to those drilling rig operators who are engaged in drilling exploration and production wells for water with a depth of over 50 m and supervised by state supervisory authorities.

The profession of drilling rig operators, according to previously existing tariff and qualification reference books, had different names, for which the USSR Ministry of Labor issued an explanation dated April 16, 1991 No. 1 “on the procedure for applying lists No. 1 and No. 2 of production, work, professions, positions and indicators, giving the right to preferential pension provision”, approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10.

According to this clarification, the right to preferential pensions for drilling rig operators, including those engaged in drilling exploration and production wells for water more than 50 meters deep and supervised by state supervisory authorities, is also granted to drillers, including those engaged in drilling exploration operational wells for water with a depth of over 50 m and supervised by state supervisory authorities.

Issues of supervision are within the competence of natural resources authorities, and documentary evidence of permanent employment in the specified work is carried out by the organization conducting drilling operations.

The specified conditions for the periods of work of D in the Guryev SMU and the Guryev enterprise "Agropromenergo" have not been confirmed. The certificate clarifying the special nature of the work of CJSC Guryevskagropromenergo was revoked as issued unreasonably.

Based on the above, the UPFR in the Guryevsky district of the Kaliningrad region believes that the decision to refuse to grant an early retirement pension, according to List No. 2, was made in accordance with the current legislation, and D’s claims are unfounded, based on the above, they ask the court to refuse satisfaction.

The representative of the third party, CJSC "Guryevskagropromenergo" FULL NAME10, supported the plaintiff's claims, asks to satisfy them, explaining that D was in an employment relationship with the Guryev enterprise "Agropromenergo", which carried out activities in the field of electrical installation work and drilling and repairing water wells with a depth of no more than 50 m. There are no documents confirming his employment throughout the working day in jobs with difficult working conditions in the organization.

The representative of the third party OJSC PMK-3 Guryevskaya did not appear at the court hearing, the third party was notified of the day of the hearing.

After hearing the explanations of the representatives of the parties, a third party. Having examined the case materials, The court considers The plaintiff's claims must be satisfied in part.

So, according to paragraphs. 2 p. 1 art. 27 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions”, an old-age labor pension is assigned before reaching the age established by Art. 7, for men upon reaching the age of 55, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and have an insurance record of at least 25 years.

List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, established the right to preferential pension provision for drilling rig operators, including those employed in drilling exploration and production wells for water with a depth of over 50 m and supervised by State Supervision Bodies. This profession is classified as work with difficult working conditions.

Resolution of the USSR Ministry of Labor dated April 16, 1991 N 1 “On approval of the clarification “On the procedure for applying Lists N 1 and 2 of production, work, professions, positions and indicators that give the right to an old-age pension (old age) on preferential terms approved By Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 N 10, the right to preferential pension provision was established for drillers of mechanical rotary drilling of wells, including those engaged in drilling exploration and production wells for water with a depth of over 50 m and supervised by State supervision bodies, as well as machinists drilling rigs, including those engaged in drilling exploration and production wells for water with a depth of over 50 m and supervised by the State Supervision Bodies.

By virtue of Decree of the Government of the Russian Federation No. 239 of April 24, 2003 “On introducing amendments to paragraph 1 of Decree of the Government of the Russian Federation of July 18, 2002 No. 537”, the time of work carried out before January 1, XXXX, provided for in List No. 2 of production, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved. By Decree of the Council of Ministers of the USSR of August 22, 1956 No. 1173 (with subsequent additions), it is counted towards the length of service giving the right to early assignment of an old-age pension, along with the work provided for in List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, approved. Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10.

Moreover, if for a certain profession (position) Lists No. 1 and 2, approved in 1991, provide more favorable conditions for the early assignment of an old-age labor pension than Lists No. 1 and 2, approved in 1956, then these conditions apply in case of early pension provision for the period of work in this profession (position) up to DD.MM.YY

At the court hearing, it was established that during one of the controversial periods from DD.MM.YY to DD.MM.YY, plaintiff D was busy drilling production wells for water with a depth of over 50 m and supervised by the State Supervision Bodies, working as a driller-driver of a drilling truck unit in the Guryevsky SMU (PMK-19) full time with a full working week, which is confirmed by a work book in the name of D, the ownership of which to the plaintiff is established by the decision of the Guryevsky District Court of the Kaliningrad Region dated DD.MM.GG, which has entered into legal force, the employee’s personal card (form T-2), orders for the hiring and dismissal of the plaintiff, personal accounts of employee D. At the same time, at the court hearing it was established that during the specified period, D had no absenteeism, unpaid leave, or downtime. Also The court established that the URB-2-A drilling rig (rotary motion drilling rig) was mounted on a self-propelled chassis (based on the ZIL-131 vehicle) and the plaintiff, due to his work duties, delivered the drilling rig to the drilling site, where he worked as a driver drilling rig and when moving from well to well, while the plaintiff also carried out work to inspect, check the engine and all leading parts of the self-propelled rig, clean them from dirt, refuel it, lubricate it, check the fastening of equipment and the mast (tower), start the engine . That. During the specified disputed period, the plaintiff was directly engaged in work with difficult working conditions, worked full time as a driller, and the performance of labor functions as a driver was associated solely with the movement of the drilling rig itself. That. in fact, he performed work as a drilling rig operator. At the same time, the plaintiff worked in the construction industry and performed work in accordance with the characteristics of the work of a driller.

Thus, self-supporting construction site No. 3 (Gurievsky) was formed as part of the Kaliningrad Water Construction Trust of the Kaliningradsovkhozvodstroy Department of Water Management of the Ministry of State Farms of the RSFSR on August 30, 1955, then in 1956 it was transformed into a specialized construction and installation department. Moreover, according to the Charter of the trust, its tasks are to carry out water management construction and installation work and other related work on state farms and organizations of the Ministry of State Farms.

In connection with the increase in the volume of reclamation and construction work on the basis of the Guryev SMU, by order of the Kaliningrad regional association for land reclamation “Kaliningrad Reclamation”, PMK-19 was created. The organization, as can be seen from the documents presented to the court, carried out contract construction and installation work; construction and installation work on own construction; work on state capital investments carried out under general, direct and subcontracting agreements; carrying out work using funds for major repairs and other activities, including construction, liquidation, maintenance and overhaul of wells, water pipelines and irrigation pipelines.

The explanatory note to the annual report for 1978 on the production and financial and economic activities of Guryev PMK-19 indicates the volume of work performed and types of work. There is also an indication that PMK-19 at the end of the reporting year created 41 specialized teams for drilling water wells, their repair, construction of external water pipelines, irrigation pipelines, for carrying out work on internal plumbing, repairing housing and public buildings. XXX wells were drilled for 888.3 thousand rubles, the average depth of drilled wells is 77 meters; major repairs of wells and water pipelines were carried out for state farms - for 402.9 thousand rubles, for collective farms - for 226.4 thousand rubles, for others - for 49.1 thousand rubles, other construction and installation work was also carried out, including. for own construction.

According to the response to the court's request from CJSC PMK No. 3 "Guryevskaya" from DD.MM.GG No., from 1978 to 1988, Guryevskaya SMU, and then Guryevskaya PMK-19, carried out work on drilling wells for water, the depth of the wells ranged from 30 up to 180 meters.

According to the response to a court request from the Kaliningrad branch of the Federal State Budgetary Institution “TFGI for the North-Western Federal District”, Guryev PMK-19, 42 boreholes were drilled for water with a depth of over 50 meters during the specified period.

As can be seen from technical characteristics drilling rig URB-2A, on which the plaintiff performed his work function, the maximum drilling depth of this rig is 200 meters.

Under such circumstances, the court comes to the conclusion that the specified period of labor activity of the plaintiff in the Guryevsky SMU (subsequently Guryevsky PMK-19) in the period from DD.MM.YY to DD.MM.YY in the position of a driller-driver of the 4th category of a drilling unit is subject to counting towards special experience for the appointment of early old-age labor pension.

At the same time, the court does not see any grounds for including in such length of service the period of work of the plaintiff at the Guryevsk enterprise "Guryevskagropromenergo" from DD.MM.YY to DD.MM.YY.

So, in violation of the requirements of Art. 56.57 of the Code of Civil Procedure of the Russian Federation, the plaintiff did not provide sufficient and indisputable evidence indicating that during the specified period, during the entire working day, he performed work with difficult working conditions, provided for in List No. 2.

Thus, in support of the claim, the plaintiff referred to the fact that, according to List No. 2 of industries, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts, approved by the resolution of the Council of Ministers of the USSR of August 22, 1956. No. 1173, in section XXIX “Construction of buildings and structures: industrial, energy, hydraulic engineering, road bridges, transport and communications, residential and cultural, as well as above-ground buildings and structures, mines, mines and communications” the position of “driller” is named , according to which the work of a driller in the period before 01/01/1992 is fully included in the preferential length of service, which gives the right to early assignment of an old-age pension, without any additional conditions and additional clarification of functional responsibilities.

Meanwhile, such a conclusion is not based on the norms of the legislation subject to application in this dispute and cannot serve as a basis for satisfying the claim.

Thus, the main activities of the organization in which the plaintiff carried out his labor activity during the specified disputed period, as can be seen from the case materials, were activities related to electrical installation work, repair of wires and cable power lines, heat engineering and thermal insulation work, heat supply work, repair of steam and hot water boilers, etc. Work related to construction and installation activities was not included in the main type of work. Any data indicating that work with difficult working conditions in the construction field was performed in this organization for a full working day is not visible either from the Regulations on the remuneration of workers, or from the employee’s personal card, or from other documents. The documents presented to the court do not contain any evidence that, due to difficult working conditions, the plaintiff was given any additional payments, was provided with additional leave, or received other compensation for work under special conditions. Certificate No. 7 of CJSC Guryevskagropromenergo, confirming the special insurance experience and the nature of the work performed, dated March 11, 2011, which the plaintiff refers to in support of the claim, was withdrawn by the organization as unreasonably issued. Moreover, according to this certificate, the right to receive a labor pension on the basis of clauses. 2 p. 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” provide periods of work as a drilling rig operator of the third category, provided for by section XXXIII of List No. 2 of 1991 (d. XXX000-19756), meanwhile, the specified section of the List and the profession code provide for work by position of electric and gas welders engaged in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances not lower than hazard class 3. The plaintiff did not provide evidence of the execution of such work to the court and the plaintiff did not declare to the court that such work was performed.

The plaintiff himself explained to the court that he was drilling water wells up to 50 meters deep, which does not apply to hard work, giving the right according to the list to assign an early retirement pension. He did not present evidence to the contrary to the court. As can be seen from the response to the court’s request from the Kaliningrad branch of the Federal Budgetary Institution “TFGI for the North-Western Federal District”, there is no information about the drilling of wells supervised by the State Supervision by the Guryevsk enterprise Guryevskagropromenergo, with a depth of more than 50 meters. At the request of the court, such information was not provided by CJSC Guryevskagropromenergo. In itself, the plaintiff’s arguments about the performance of work on maintenance and repair of wells, in support of which “interest on artillery wells” are presented, cannot serve as a basis for including periods of such work in the special length of service for the appointment of an early retirement pension.

At the same time, taking into account that on the day of applying for a labor pension before reaching the age of 60 years, i.e. as of DD.MM.YY, the plaintiff had an insurance period of 36 years 9 months, 18 days, special experience of 10 years, one month, 6 days, and, taking into account his date of birth DD.MM.YY, reached the age of 56 years, The plaintiff has the right to assign him an early labor pension with a decrease in age, and under such circumstances, the refusal to assign him a labor pension until he reaches the age of 60 cannot be considered legal and justified.

So, according to Art. 27 Federal Law “On Labor Pensions”, an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law(men 60 years old), the following persons:

men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance record of at least 25 and 20 years, respectively.

If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance service, they are assigned a labor pension with a reduction in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women.

Under such circumstances, the plaintiff’s demand to force the defendant to assign him an early retirement pension from the date of application for it, with DD.MM.GG is justified and legal and must be satisfied.

Based on the above, guided by art. 194-198 Code of Civil Procedure of the Russian Federation, court

decided:

D's claims are satisfied in part. To oblige the Administration of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region to count D into the work experience, which gives the right to early assignment of an old-age pension in connection with employment in jobs with difficult working conditions, the period of work: from DD.MM.YY to DD.MM. GG in Guryevskaya PMK-19 (currently renamed to CJSC PMK-3 Guryevskaya) as a driver-driller of the 4th category.

To recognize as illegal the decision of the Office of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region to refuse to assign D an old-age labor pension with DD.MM.GG.

To oblige the Administration of the Pension Fund of the Russian Federation in the Guryevsky district of the Kaliningrad region to assign early, in connection with employment in jobs with difficult working conditions, an old-age labor pension with DD.MM.YY.

The rest of D's claim is to be denied.

The decision can be appealed to the judicial panel for civil cases Kaliningrad Regional Court through the Guryevsky District Court within one month from the date of its production in the final motivated form.

The reasoned decision was made by DD.MM.GG.

Judge S.V. Marina.
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