Regulation 516. Rules for calculating periods of work giving the right to early assignment of an old-age labor pension. The right to early assignment of a labor pension

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

Document with changes made:
(Rossiyskaya Gazeta, N 97, 05/11/2006);
(Rossiyskaya Gazeta, N 132, 06/22/2007);
(Rossiyskaya Gazeta, N 99, 06/03/2009);
(Official Internet portal of legal information www.pravo.gov.ru, 03/29/2013).
____________________________________________________________________

In accordance with and (Collection of Legislation of the Russian Federation, 2001, No. 52, Part I, Art. 4920) Government of the Russian Federation

decides:

1. Approve the attached .

2. Ministry of Labor and social protection Russian Federation
(Paragraph as amended, put into effect on June 11, 2009 by Decree of the Government of the Russian Federation dated May 26, 2009 N 449 by Decree of the Government of the Russian Federation dated March 25, 2013 N 257:

in agreement with Pension Fund Russian Federation to approve the procedure for confirming periods of work giving the right to early appointment labor pension old age;

on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation, establish the identity of professions, positions and organizations (structural divisions) provided for in Article 27 of the Federal Law "On Labor Pensions in the Russian Federation", as well as lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early, to the same professions, positions and organizations (structural divisions) that previously had other names (paragraph as amended, put into effect on June 11, 2009 by Decree of the Government of the Russian Federation dated May 26, 2009 year N 449. *2.2)

Chairman of the Government
Russian Federation
M. Kasyanov

Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation"

APPROVED
Government resolution
Russian Federation
dated July 11, 2002 N 516

1. These Rules establish the procedure for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with 28 of the Federal Law “On Labor Pensions in the Russian Federation” (hereinafter referred to as the Federal Law).

Along with the procedure for calculating periods of work established by these Rules, the procedure for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 11, and, is regulated by the rules for calculating periods of work giving the right to early assignment of the specified labor pension, approved at adoption in the prescribed manner of lists of relevant works, industries, professions, positions, specialties and institutions (hereinafter referred to as lists) (paragraph as amended, put into effect on June 11, 2009 by Decree of the Government of the Russian Federation of May 26, 2009 N 449. *1.2 )

2. When assigning an old-age labor pension to citizens early in the manner prescribed by these Rules, the periods of the following work are summed up:

1) underground work, work with hazardous working conditions and in hot shops; *2.1)

2) work under difficult working conditions; *2.2)

3) the work of women as tractor drivers in agriculture and other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines; *2.3)

4) the work of women in the textile industry in jobs with increased intensity and severity; *2.4)

5) work as working locomotive crews and workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the subway, as well as as truck drivers directly in the technological process in mines, open-pit mines, mines or ore quarries for export coal, shale, ore, rock; *2.5)

6) work in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, search, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work;

7) work as workers and foremen (including senior workers) directly at logging and timber rafting sites, including servicing mechanisms and equipment; *2.7)

8) work as machine operators (docker-mechanizers) of complex teams during loading and unloading operations in ports;

9) work as a crew member on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships constantly operating in the port water area, service and auxiliary and traveling ships, suburban and intracity traffic vessels); *2.9)

10) work as drivers of buses, trolleybuses and trams on regular city passenger routes;

11) work in the regions Far North and similar areas; *2.11)

12) work of citizens (including those temporarily sent or sent on business) in the exclusion zone to eliminate the consequences of the disaster at the Chernobyl nuclear power plant; *2.12)

13) work in the flight crew civil aviation; *2.13)

14) work on direct control of civil aviation flights;

15) work in the engineering and technical staff for direct maintenance of civil aviation aircraft; *2.15)

16) work as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, emergency situations and liquidation of consequences natural Disasters(the subparagraph was additionally included on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266); *2.16)

17) work with convicts as workers and employees of institutions executing criminal penalties in the form of imprisonment (the subparagraph was additionally included on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266); *2.17)

18) work in positions of the State Fire Service (fire protection, fire-fighting and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief (the subparagraph was additionally included on May 19, 2006 by the Decree of the Government of the Russian Federation dated May 2 2006 N 266). *2.18)

3. The summation of the periods of work specified in paragraph 2 of these Rules is carried out in the following order by adding:

subparagraph 1 subparagraph 12;

to the periods of work specified in subparagraph 2 of subparagraph 1, as well as the periods of work specified in subparagraphs 5 - , , , in case of early assignment of an old-age labor pension in accordance with paragraph one of subparagraph 2 of paragraph 1 of Article 27 of the Federal Law (paragraph as amended by into force on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266;

subparagraph 3, - periods of work specified in subparagraphs 1, 5-10,;

to the periods of work specified in subparagraph 4 - the periods of work specified in subparagraphs 1, , , 5-10,;

to the periods of work specified in subparagraph 5 - the periods of work specified in subparagraphs 1, , , , , ;

to the periods of work specified in subparagraph 6 - the periods of work specified in subparagraphs 1, , , , , ;

to the periods of work specified in subparagraph 7 - the periods of work specified in subparagraphs 1, , , , , ;

to the periods of work specified in subparagraph 8 - the periods of work specified in subparagraphs 1, , , 5-7, , , ;

to the periods of work specified in subparagraph 9 - the periods of work specified in subparagraphs 1, , 5-7,;

to the periods of work specified in subparagraph 10 - the periods of work specified in subparagraphs 1, , , 5-9,;

to the periods of work specified in subparagraph 11 - periods of work specified in subparagraphs 1 -, - (paragraph as amended, put into effect on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266;

to the periods of work specified in subparagraph 14 - periods of work specified in subparagraph 13;

to the periods of work specified in subparagraph 15 - the periods of work specified in subparagraphs 13.

4. The length of service that gives the right to early assignment of an old-age labor pension (hereinafter referred to as length of service) includes periods of work performed continuously for a full working day, unless otherwise provided by these Rules or other regulatory legal acts, subject to payment for these periods of insurance contributions to the Pension Fund of the Russian Federation. *4.1)

When applying these Rules to the payment of insurance contributions to the Pension Fund of the Russian Federation, the payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities are equated. *4.2)

5. Periods of work that give the right to early assignment of an old-age labor pension, which was performed continuously during a full working day, are counted towards length of service in calendar order, unless otherwise provided by these Rules and other regulatory legal acts.

At the same time, the length of service includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual basic and additional paid leave (paragraph as amended, put into effect on June 30, 2007 by Decree of the Government of the Russian Federation of June 18, 2007 N 381 *5.2)

6. Periods of work giving the right to early assignment of an old-age labor pension, which was performed in a part-time working week, but full-time due to a reduction in production volumes (with the exception of work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 13 and 19-21 of paragraph 1 of Article 27 of the Federal Law), as well as periods of work determined by the Ministry of Labor and Social Protection of the Russian Federation in agreement with the Pension Fund of the Russian Federation or provided for by lists that, due to labor organization conditions, cannot be performed continuously, are calculated according to actual time worked. *)
(Clause as amended, put into effect on June 11, 2009 by Decree of the Government of the Russian Federation dated May 26, 2009 N 449; as amended, put into effect on April 6, 2013 by Decree of the Government of the Russian Federation dated March 25, 2013 N 257.

7. In case of early assignment of an old-age labor pension in connection with field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work in expeditions, parties, detachments, on sites and in brigades, the periods of said work directly in field conditions are taken into account in the following order: *)

work from 6 months to one year - as one year;

work less than 6 months - according to actual duration.

8. Periods of work on a rotational basis, giving the right to early assignment of an old-age labor pension, include the time of work performed at the site, the time of rest between shifts in the rotation camp, the travel time from the location of the employer or from the collection point to the place of work and back, as well as the time of inter-shift rest in a given calendar period of time. In this case, the total working time (normal or reduced) for the accounting period (for a month, quarter or other longer period, but not more than one year) should not exceed the normal number of working hours established by the Labor Code of the Russian Federation.

Periods of work on a rotational basis in the regions of the Far North and equivalent areas in case of early assignment of an old-age labor pension in accordance with subparagraphs 2 and 6 of paragraph 1 of Article 28 of the Federal Law are calculated in calendar order, including working time directly at the site, rest time between shifts in the rotation camp, as well as the period of inter-shift rest and travel time from the location of the employer or from the collection point to the place of work and back (paragraph as amended, put into effect on May 19, 2006 by Decree of the Government of the Russian Federation dated May 2, 2006 N 266, supplemented on June 30, 2007 by Decree of the Government of the Russian Federation dated June 18, 2007 N 381 *8.2)

9. When an employee is transferred from a job that gives the right to early assignment of an old-age labor pension to another job that does not give the right to the specified pension, in the same organization for production reasons for a period of no more than one month during a calendar year, such work is equivalent to work preceding translation.

Periods of suspension from work (non-admission to work) are not included in periods of work that give the right to early assignment of an old-age pension if the employee was suspended for the following reasons:

showing up at work under the influence of alcohol, drugs or toxic substances;

on the basis of a medical report in connection with identified contraindications for performing the work provided for by the employment contract (except for the case provided for in paragraph two of clause 12 of these Rules);

at the request of bodies and officials authorized by federal laws and other regulatory legal acts;

if the employee has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

if the employee has not undergone a mandatory preliminary or periodic medical examination in accordance with the established procedure;

in other cases provided for by federal laws and other regulatory legal acts.

Periods of downtime (both due to the fault of the employer and the fault of the employee) are not included in periods of work that give the right to early assignment of an old-age pension. *9.3)

10. The probationary period when hiring a job that gives the right to early assignment of an old-age pension is included in the length of service regardless of whether the employee passed the test. *)

11. The period of initial vocational training or retraining (on-the-job) at workplaces in accordance with an apprenticeship contract is included in periods of work that give the right to early assignment of an old-age labor pension, in cases where in Article 27 of the Federal Law or in the lists production or certain types of work are indicated without listing the professions and positions of workers, or employees are provided for performing certain work without indicating the names of professions or positions (clause as amended, put into effect on June 11, 2009 by Decree of the Government of the Russian Federation dated May 26, 2009 N 449.

12. When transferring, in accordance with a medical report, a pregnant woman at her request from a job that gives the right to early assignment of an old-age labor pension to a job that excludes the impact of unfavorable occupational hazards, such work is equal to the work preceding the transfer.

The periods when the pregnant woman did not work until the issue of her employment was decided in accordance with the medical report are calculated in the same manner.

13. Periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries, the list of which is determined by the Government of the Russian Federation, are taken into account in such a way that when calculating the length of service giving the right to early assignment of an old-age pension , the length of service in the relevant types of work in the corresponding calendar year was full year(the clause was additionally included on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266). *)

14. The length of service that gives the right to early assignment of an old-age labor pension includes the time of paid forced absence in the event of illegal dismissal or transfer to another job and subsequent reinstatement to the previous job, which gives the right to early assignment of an old-age labor pension (the clause is additionally included with May 19, 2006 by Decree of the Government of the Russian Federation dated May 2, 2006 N 266).

15. When calculating periods of underground work, which gives the right to an old-age pension regardless of age if there are at least 25 years of such work in accordance with subparagraph 11 of paragraph 1 of Article 27 of the Federal Law, persons who have not completed the underground work experience provided for in this subparagraph, but those with at least 10 years of experience in underground work are taken into account in the following order:

every full year of work as a longwall miner, drifter, jackhammer operator, mining machine operator - for 1 year and 3 months;

every full year of underground work provided for in List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and especially difficult working conditions, employment in which entitles the right to an old-age pension (old age) on preferential terms , approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 N 10, - for 9 months.
(The paragraph was additionally included on May 19, 2006 by Decree of the Government of the Russian Federation of May 2, 2006 N 266)

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Decree of the Government of the Russian Federation of July 11, 2002 N 516
"On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 Federal Law"On labor pensions in the Russian Federation"

With changes and additions from:

In accordance with the Federal Law “On Labor Pensions in the Russian Federation” (Collection of Legislation of the Russian Federation, 2001, No. 52, Part I, Article 4920), the Government of the Russian Federation decides:

1. Approve the attached Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”.

2. To the Ministry of Labor and Social Protection of the Russian Federation:

in agreement with the Pension Fund of the Russian Federation, approve the procedure for confirming periods of work that give the right to early assignment of an old-age labor pension;

on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation, establish the identity of professions, positions and organizations (structural divisions) provided for in Article 27 of the Federal Law "On Labor Pensions in the Russian Federation", as well as lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned ahead of schedule, to the same professions, positions and organizations (structural divisions) that previously had different names.

The works are listed, the periods of which are summed up in case of early assignment of an old-age labor pension to citizens. The length of service that gives the right to early assignment of an old-age labor pension includes, in particular, periods of work performed continuously full-time, subject to payment of insurance contributions to the Pension Fund of the Russian Federation for these periods. At the same time, the payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities are equivalent to the payment of insurance contributions to the specified fund.

Decree of the Government of the Russian Federation of July 11, 2002 N 516 "On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation"

This resolution comes into force 7 days after the day of its official publication

This document is amended by the following documents.

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Kirovgrad City Court of the Sverdlovsk Region composed of:

presiding judge Redozubova T.L.,

under secretary Filippova E.Kh.,

having considered in open court a civil case based on the claim of Sitnikov A.B. to the Pension Fund on recognition of the right to assign an old-age labor pension early,

installed:

Sitnikov A.B. appealed to the Kirovgrad City Court of the Sverdlovsk Region with a claim against the Pension Fund for recognition of the right to assign an old-age labor pension ahead of schedule.

At the court hearing, plaintiff A.B. Sitnikov. supported the claims, in support of which he indicated:

He applied to the defendant for a preferential pension on the basis of subparagraph 2, paragraph 1, since he worked for at least 12 years and 6 months in jobs with difficult working conditions. Based on the decision, the pension fund refused to grant a labor pension due to the lack of special work experience. Not included in special seniority period of work as a driver (fireman) of a boiler room of civil structures. According to the Pension Fund, this period of work is not subject to summation in accordance with paragraph 3 of clause 3 of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension, approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516.

I do not agree with the defendant's decision. Based on List No. 2 of industries, works, professions, positions and indicators that give the right to preferential benefits pension provision, approved by resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 (as amended by resolutions of the Cabinet of Ministers of the USSR dated August 9, 1991 No. 591, dated July 23, 1991 No. 497; resolutions of the Council of Ministers of the RSFSR dated October 2, 1991 No. 517), Section XXXIII “General professions”, drivers (stokers) of a boiler house (coal and oil shale), including those employed in ash removal, have the right to receive a labor pension due to difficult working conditions.

In accordance with the Rules for calculating work that gives the right to early assignment of an old-age labor pension, approved by Decree of the Government of the Russian Federation dated July 11, 2002 No. 516, when summing up the special work experience necessary for the early assignment of a labor pension, periods of work with difficult working conditions and periods of work as employees directly organizing transportation and ensuring traffic safety on railway transport are mutually added. When summing up these periods of work, on the day the defendant applies for early assignment of a labor pension, his special work experience will be at least 12 years 6 months.

He asks that the period of work as a driver (fireman) of a boiler room of civil structures be included in the length of service that gives the right to early assignment of an old-age labor pension on the basis of subclause 2 of clause 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” and recognize he has the right to receive an old-age labor pension early.

The representative of the defendant, acting on the basis of a power of attorney, Andrienko M. G. did not fully recognize the claims, she testified to the court: the plaintiff applied to the Pension Fund with an application for the assignment of an old-age labor pension on the basis of subclause 2, clause 1, article 27 of the federal law “ on labor pensions in the Russian Federation”, since he worked for at least 12 years and 6 months in jobs with difficult working conditions. By decision of the Pension Fund, the award of the specified pension was refused due to the absence of what was required by law. special experience. The length of service accepted for credit was ** years ** months ** days.

There are no grounds for including in the preferential length of service the period of work as a driver (stoker) of a boiler room of civil structures in calendar terms.

According to clause 3 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions” dated July 11, 2002 No. 516, the summation of work is carried out as follows: to the periods of work, specified in subparagraph 2 (in case of early assignment of a pension in accordance with paragraph 1 of subparagraph 1 of Article 27 of the Federal Law - periods of work specified in subparagraph 5. Summation of the above work after 01/01/2002 when assigning a pension in accordance with paragraph 2 of subparagraph 2 of paragraph 1 Article 27 of Federal Law No. 173 - Federal Law of December 17, 2001 is not provided. There are no grounds for calculating the disputed period in calendar order. In connection with the adoption of the Resolution of the USSR State Committee for Labor and Social Issues and the Secretariat of the All-Union Central Council of Trade Unions dated 11.27.1984 No. 342/22-123 when assigning a preferential pension to the plaintiff, the fact of operation of the boiler house on solid fuel must be proven; only time is counted in the work experience heating season. According to a clarifying certificate from the Nizhny Tagil Civil Works Department, the plaintiff’s work in hazardous working conditions, giving the right to a preferential pension, took place only during the heating season from October 1 to April 30. Since at the time of applying for a pension, the required special experience is insufficient, there are no grounds for recognizing the plaintiff’s right to receive an old-age labor pension early.

Having heard the parties, examined the case materials and assessed the collected evidence in its entirety, the court comes to the following:

The Constitution of the Russian Federation guarantees social security to every citizen in cases established by law. According to Art. 39 of the Constitution of the Russian Federation state pensions are established by law.

In accordance with paragraphs. 2 p. 1 art. 27 of the Federal Law of December 17, 2001 “On Labor Pensions in the Russian Federation” No. 173-FZ, the right to early assignment of an old-age labor pension is reserved for men upon reaching the age of 55 years, if they have worked in jobs with difficult working conditions for 12 years and 6 months and have at least 25 years of insurance experience. If these persons have worked in the listed jobs for less than half the established period and have the required duration insurance period, a labor pension is assigned to them with a decrease in the age established by Article 7 of this Federal Law by 1 year for every 2 years and 6 months of such work for men.

Based on Art. 27 part 1 clause 5 of the Law, an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, for men upon reaching the age of 55 years, for women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and the subway, as well as as truck drivers directly in the technological process in mines, open-pit mines, mines or ore quarries for the export of coal, shale, ore, rock and have an insurance experience of at least 25 and 20 years, respectively;

By virtue of clause 2 of article 27 of the Federal Law “on labor pensions in the Russian Federation”, lists of relevant works and industries, professions, positions, specialties and institutions, taking into account which a labor pension is assigned, provided for in clause 1 of this article, rules for calculating periods of work and assignment labor pensions, if necessary, are approved by the Government of the Russian Federation.

When determining the right to early retirement for old age according to p.p. 2 and paragraph 1 of Art. 27 of Federal Law No. 173 of December 17, 2001, the court is guided by Lists No. 1, 2 of industries, works, professions, positions and indicators that give the right to early pension provision No. 19 of January 26. 1991 and the Rules for calculating periods of work giving the right to early assignment of an old-age pension in accordance with Art. Art. 27, 28 Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation No. 516 of July 11, 2002.

In accordance with clause 2 of the Rules, when assigning an old-age labor pension to citizens early, in the manner prescribed by these Rules, periods of such work as work with difficult working conditions (subclause 2), work as locomotive crew workers and workers of certain categories are summed up, directly organizing transportation and ensuring traffic safety on railway transport and the subway, as well as as truck drivers directly in the technological process in mines, open-pit mines, mines or ore quarries for the removal of coal, shale, ore, rock (subclause 5).

According to clause 3 of the Rules (as amended by Decree of the Government of the Russian Federation dated 02.05.2006 N 266), the summation of the work periods specified in clause 2 of these Rules is carried out in the following order by adding:

to the periods of work specified in subparagraph 1 - periods of work specified in subparagraph 12;

to the periods of work specified in subparagraph 2 - the periods of work specified in subparagraph 1, as well as the periods of work specified in subparagraphs 5 - 7, 9, 12, in case of early assignment of an old-age pension in accordance with paragraph one of subparagraph 2 of paragraph 1 Article 27 of the Federal Law;

As follows from the plaintiff’s work book, A.B. Sitnikov worked as a track lineman railway. These periods were counted by the defendant on the basis of Art. 27 part 1 clause 5 of the federal law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation.” At the same time, the defendant credited periods of work as a driver (stoker) of a boiler room for civil structures. These periods are counted in accordance with section XXXIII “General professions” of List No. 2 of industries, works, professions, positions and indicators that give the right to preferential pensions” dated January 26, 1991 No. 10.

A. B. Sitnikov’s insurance experience is ** years ** months ** days.

Special work experience of A.B. Sitnikov, accepted for credit in accordance with Art. 27 p. 1 p.p. 2 paragraph 2 of the Federal Law of December 17, 2001 No. 173-FZ, amounted to ** years ** months ** days.

During the disputed period of work, the plaintiff worked as a driver (fireman) of a boiler room of civil structures. Work in this profession was carried out throughout the entire calendar year and corresponded to the characteristics of the work of a driver (stoker) of a solid fuel boiler house given in the KSDS, issue No. 1. Based on List No. 2 of production, work, professions, positions and indicators that give the right to preferential benefits pension provision approved by Resolution of the Cabinet of Ministers of the USSR dated 01/26/1991 No. 10 (as amended by Resolutions of the Cabinet of Ministers of the USSR dated 08/09/91 N 591, dated 07/23/91 N 497; Resolutions of the Council of Ministers of the RSFSR dated 02.10.91 N 517), Section XXXIII “General professions”, drivers (stokers) of a boiler house (coal and oil shale), including those employed in ash removal, have the right to receive a labor pension due to difficult working conditions.

According to the court, by virtue of clause 3 of the Rules for calculating work, which gives the right to early assignment of an old-age labor pension, approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516, it establishes the possibility of summing up work with various special working conditions provided for by different subparagraphs of clause 1 tbsp. 27 of the Law. When summing up the work listed above when assigning a pension according to List No. 2, the duration of A. B. Sitnikov’s special insurance period will be ** years ** months (unlike when determining the right to a pension with incomplete special insurance service).

The argument of the defendant's representative that there are no grounds for counting the disputed period into service in the calendar order is rejected by the court. Neither the law nor the by-laws contain such a basis as the duration of the heating season as a condition for assigning a pension (including Resolution of the USSR State Committee on Labor and Social Issues and the Secretariat of the All-Union Central Council of Trade Unions dated November 27, 1984 No. 342/ 22-123 “On the introduction of additions and changes to the Unified Tariff and Qualification Directory of Work Professions of Workers, Issue 1, section “Professions of Workers Common to All Sectors of the National Economy” The plaintiff throughout the entire disputed period worked as a driver (fireman) of a boiler room on solid fuel, which is established from the entry in his work book, clarifying the employer's certificate. The clarifying certificate does not refute the plaintiff's right to receive a pension, but confirms the plaintiff's work in hazardous working conditions.

Guided by Art. 194-197 of the Civil Procedure Code of the Russian Federation, court

decided:

Claims of Sitnikov A.B. to the Pension Fund to satisfy.

Credit Sitnikov A.B. in length of service giving the right to early assignment of an old-age labor pension on the basis of subclause 2 of clause 1 of article 27 of the federal law “on labor pensions in the Russian Federation”, the period of work as a driver (fireman) of a boiler room of civil structures.

Recognize A.B. Sitnikov the right to receive an old-age labor pension early.

The decision can be appealed to the Sverdlovsk Regional Court through the Kirovgrad City Court within 10 days from the date of the reasoned decision.

A court decision may be appealed to a supervisory court within six months from the date of entry into legal force, provided that persons entitled to appeal the court decision have exhausted other methods of appeal established by law before the date of its entry into legal force.

Judge: T.L. Redozubova

Approved

Government Decree

Russian Federation

CALCULATION OF PERIODS OF ELIGIBLE WORK

FOR EARLY ASSIGNMENT OF OLD-AGE LABOR PENSION

PERSONS WHO PERFORMED PEDAGOGICAL ACTIVITIES

IN INSTITUTIONS FOR CHILDREN, IN ACCORDANCE WITH SUBPARAGRAPH 19

POINT 1 OF ARTICLE 27 OF THE FEDERAL LAW

"ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"

1. These Rules regulate the procedure for calculating periods of work that give the right to early assignment of an old-age labor pension to persons who have carried out pedagogical activity in institutions for children (hereinafter referred to as work experience), in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”.

2. When calculating length of service in the part not regulated by these Rules, the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Government Resolution, are applied Russian Federation dated July 11, 2002 N 516 (Collection of Legislation of the Russian Federation, 2002, N 28, Art. 2872).

3. The work experience includes, in the manner prescribed by these Rules, periods of work in positions in institutions specified in the list of positions and institutions, work in which is counted in the work experience, which gives the right to early assignment of an old-age pension to persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” (hereinafter referred to as the list). In this case, work in the positions specified in paragraph 1 of the section "Name of positions" of the list is counted towards the length of service provided that it is performed in the institutions specified in paragraphs 1.1 - 1.14 of the section "Name of institutions" of the list, and work in the positions specified in paragraph 2 section "Names of positions" of the list - in the institutions specified in paragraph 2 of the section "Names of institutions" of the list.

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

4. Periods of work performed before September 1, 2000 in positions in institutions specified in the list are counted towards the length of service, regardless of the condition of fulfillment of working hours during these periods (teaching or educational load), and starting from September 1, 2000 - subject to fulfillment (in total for the main and other places of work) of the standard working time (teaching or educational load) established for the wage rate (official salary), except for cases specified in these Rules.

5. Operating periods educational institutions for children in need of psychological, pedagogical and medical-social assistance specified in paragraph 1.11 of the section “Name of institutions” of the list, in social service institutions specified in paragraph 1.13 of the section “Name of institutions” of the list, as well as periods of work as a music director are counted in length of service, subject to fulfillment (in total for the main and other places of work) of the standard working time (teaching or educational load) established for the wage rate (official salary), regardless of the time when this work was performed.

6. Working as a teacher primary classes of general education institutions specified in paragraph 1.1 of the section “Name of Institutions” of the list, teachers of general education schools of all types located in rural areas (with the exception of evening (shift) and open (shift) general education schools) are included in the work experience regardless of the volume of the teaching load performed.

7. Work in health care institutions specified in paragraph 1.14 of the “Name of Institutions” section of the list is counted toward work experience only in the positions of educator and senior educator.

8. The following is included in the length of service:

a) work as a director (head, manager) of the institutions specified in paragraphs 1.1, 1.2 and 1.3 (except for orphanages, including sanatoriums, special (correctional) for children with developmental disabilities) and paragraphs 1.4 - 1.7, 1.9 and 1.10 of the section “Names of institutions” of the list, for the period before September 1, 2000, regardless of the conduct of teaching work. The specified work for the period starting from September 1, 2000 is counted towards the length of service provided that teaching work is carried out in the same or in another institution for children in the amount of at least 6 hours per week (240 hours per year), and in institutions of secondary vocational education specified in paragraph 1.10 of the section “Name of institutions” of the list - subject to teaching work in the amount of at least 360 hours per year;

b) performed during normal or reduced working hours provided for labor legislation, work as a director (chief, manager) of orphanages, including sanatoriums, special (correctional) for children with developmental disabilities, as well as deputy director (chief, manager) for educational, educational, educational, production, educational -production and other work directly related to the educational (educational) process of institutions specified in paragraphs 1.1 - 1.7, 1.9 and 1.10 of the section “Name of institutions” of the list, regardless of the time when this work was performed, as well as teaching work;

c) work as a director (chief, manager), deputy director (chief, manager) of institutions specified in paragraphs 1.8, 1.12 and 2 of the section “Name of institutions” of the list for the period before November 1, 1999.

9. Work as a teacher, educator, nurse nursery group is counted towards work experience for the period before January 1, 1992.

10. Work in the positions of assistant director for regime, senior duty officer, regime duty officer, organizer of extracurricular and extracurricular activities educational work with children, teacher-methodologist, hearing room instructor, parent-educator, as well as in the positions specified in the list in family-type orphanages is counted towards work experience for the period before November 1, 1999.

11. Work in the positions of a social teacher, educational psychologist and labor instructor is counted towards work experience in educational institutions for orphans and children left without parental care, specified in paragraph 1.3 of the section “Name of institutions” of the list, in special (correctional) educational institutions for students (pupils) with developmental disabilities, specified in paragraph 1.5 of the section "Name of institutions" of the list, in special educational institutions of open and closed type, specified in paragraph 1.6 of the section "Name of institutions" of the list, in educational institutions for children those in need of psychological, pedagogical and medical-social assistance specified in paragraph 1.11 of the section “Name of institutions” of the list, and in social service institutions specified in paragraph 1.13 of the section “Name of institutions” of the list.

12. Work in the positions specified in paragraph 2 of the “Name of Positions” section of the list, in the institutions specified in paragraph 2 of the “Name of Institutions” section of the list, for periods starting from January 1, 2001, is counted as length of service if the following conditions are simultaneously met:

as of January 1, 2001, the person has worked in positions in the institutions specified in the list for at least 16 years 8 months;

the person has worked (regardless of its duration) in the period from November 1, 1999 to December 31, 2000 in positions in the institutions specified in paragraph 2 of the section “Name of positions” and in paragraph 2 of the section “Name of institutions” of the list.

13. Work in positions specified in the list in the following structural divisions of organizations (regardless of whether these organizations are included in the list or not) is counted as length of service:

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

general education schools of all types (except for open (shift) general education schools);

gymnasium;

interschool training and production center for labor training and vocational guidance of students (interschool training center);

boarding school;

kindergarten;

nursery-garden (garden-nursery);

nurseries;

technical College;

14. Work for the period from November 1, 1999 in the positions specified in the list, in evening (shift) general education schools, open (shift) general education schools, in education centers, in evening (shift) vocational schools and in secondary vocational educational institutions education (secondary specialized educational institutions) is counted towards work experience provided that at least 50 percent of children under the age of 18 are studying in these institutions.

15. Work carried out in the positions provided for in the list in institutions of the Russian Federation abroad is included in the length of service on a general basis in the manner prescribed by these Rules.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPROVAL OF THE RULES

CALCULATION OF PERIODS OF ELIGIBLE WORK

FOR EARLY ASSIGNMENT OF OLD-AGE LABOR PENSION

IN ACCORDANCE WITH ARTICLES 27 AND 28 OF THE FEDERAL LAW

"ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"

dated July 12, 2006 N 261-O)

In accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation” (Collection of Legislation of the Russian Federation, 2001, No. 52, Part I, Art. 4920), the Government of the Russian Federation decides:

2. Ministry of Health and social development Russian Federation:

in agreement with the Pension Fund of the Russian Federation, approve the procedure for confirming periods of work that give the right to early assignment of an old-age labor pension;

on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation, establish the identity of professions, positions and organizations (structural divisions) provided for in Article 27 of the Federal Law "On Labor Pensions in the Russian Federation", as well as lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned ahead of schedule, to the same professions, positions and organizations (structural divisions) that previously had different names.

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

Chairman of the Government

Russian Federation

M. KASYANOV

Approved

Government Decree

Russian Federation

RULES

CALCULATION OF PERIODS OF WORK GIVING

RIGHT TO EARLY ASSIGNMENT OF LABOR PENSION

OLD AGE IN ACCORDANCE WITH ARTICLES 27 AND 28

FEDERAL LAW "ON LABOR PENSIONS"

IN RUSSIAN FEDERATION"

(as amended by Resolutions of the Government of the Russian Federation dated May 2, 2006 N 266,

dated June 18, 2007 N 381, dated May 26, 2009 N 449,

as amended by the Ruling of the Constitutional Court of the Russian Federation

dated July 12, 2006 N 261-O)

1. These Rules establish the procedure for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation” (hereinafter referred to as the Federal Law).

Along with the procedure for calculating periods of work established by these Rules, the procedure for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 11, 13 and 19 - 21 of paragraph 1 of Article 27 of the Federal Law is regulated by the rules for calculating periods of work giving the right to early assignment of the specified labor pension, approved upon adoption in the prescribed manner of lists of relevant jobs, industries, professions, positions, specialties and institutions (hereinafter referred to as lists).

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

2. When assigning an old-age labor pension to citizens early in the manner prescribed by these Rules, the periods of the following work are summed up:

1) underground work, work with hazardous working conditions and in hot shops;

2) work under difficult working conditions;

3) the work of women as tractor drivers in agriculture and other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines;

4) the work of women in the textile industry in jobs with increased intensity and severity;

7) work as workers and foremen (including senior workers) directly at logging and timber rafting sites, including servicing mechanisms and equipment;

8) work as machine operators (docker-mechanizers) of complex teams during loading and unloading operations in ports;

10) work as drivers of buses, trolleybuses and trams on regular city passenger routes;

11) work in the Far North and equivalent areas;

12) work of citizens (including those temporarily sent or sent on business) in the exclusion zone to eliminate the consequences of the disaster at the Chernobyl nuclear power plant;

13) work as a civil aviation flight crew;

14) work on direct control of civil aviation flights;

15) work in the engineering and technical staff for direct maintenance of civil aviation aircraft;

16) work as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief;

(Clause 16 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

17) work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment;

(Clause 17 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

(Clause 18 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

3. The summation of the periods of work specified in paragraph 2 of these Rules is carried out in the following order by adding:

to the periods of work specified in subparagraph 1 - periods of work specified in subparagraph 12;

to the periods of work specified in subparagraph 3 - periods of work specified in subparagraphs 1, 2, 5 - 10, 12;

to the periods of work specified in subparagraph 4 - periods of work specified in subparagraphs 1, 2, 3, 5 - 10, 12;

to the periods of work specified in subparagraph 5 - periods of work specified in subparagraphs 1, 2, 6, 7, 9, 12;

to the periods of work specified in subparagraph 6 - periods of work specified in subparagraphs 1, 2, 5, 7, 9, 12;

to the periods of work specified in subparagraph 7 - periods of work specified in subparagraphs 1, 2, 5, 6, 9, 12;

to the periods of work specified in subparagraph 8 - periods of work specified in subparagraphs 1, 2, 3, 5 - 7, 9, 10, 12;

to the periods of work specified in subparagraph 9 - periods of work specified in subparagraphs 1, 2, 5 - 7, 12;

to the periods of work specified in subparagraph 10 - periods of work specified in subparagraphs 1, 2, 3, 5 - 9, 12;

to the periods of work specified in subparagraph 11 - periods of work specified in subparagraphs 1 - 10, 16 - 18;

(as amended by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

to the periods of work specified in subclause 14 - periods of work specified in subclause 13;

to the periods of work specified in subparagraph 15 - the periods of work specified in subparagraphs 13, 14.

At the same time, the length of service includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual basic and additional paid leave.

(as amended by Decree of the Government of the Russian Federation dated June 18, 2007 N 381)

6. Periods of work giving the right to early assignment of an old-age labor pension, which was performed in a part-time working week, but full-time due to a reduction in production volumes (with the exception of work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 13 and 19 - 21 of paragraph 1 of Article 27 of the Federal Law), as well as periods of work determined by the Ministry of Health and Social Development of the Russian Federation in agreement with the Pension Fund of the Russian Federation or provided for by lists that, due to labor organization conditions, cannot be performed continuously, are calculated according to actual time worked.

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

work from 6 months to one year - as one year;

work less than 6 months - according to actual duration.

(as amended by Resolutions of the Government of the Russian Federation dated May 2, 2006 N 266, dated June 18, 2007 N 381)

showing up at work under the influence of alcohol, drugs or toxic substances;

at the request of bodies and officials authorized by federal laws and other regulatory legal acts;

if the employee has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

if the employee has not undergone a mandatory preliminary or periodic medical examination in accordance with the established procedure;

in other cases provided for by federal laws and other regulatory legal acts.

Periods of downtime (both due to the fault of the employer and the fault of the employee) are not included in periods of work that give the right to early assignment of an old-age pension.

10. The probationary period when hiring a job that gives the right to early assignment of an old-age pension is included in the length of service regardless of whether the employee passed the test.

11. The period of initial vocational training or retraining (on-the-job) at workplaces in accordance with an apprenticeship contract is included in periods of work that give the right to early assignment of an old-age labor pension, in cases where in Article 27 of the Federal Law or in the lists production or certain types of work are indicated without listing the professions and positions of workers, or employees are provided who perform certain work without indicating the names of professions or positions.

(as amended by Decree of the Government of the Russian Federation dated May 26, 2009 N 449)

The periods when the pregnant woman did not work until the issue of her employment was decided in accordance with the medical report are calculated in the same manner.

(Clause 13 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

(Clause 14 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

every full year of work as a longwall miner, drifter, jackhammer operator, mining machine operator - for 1 year and 3 months;

every full year of underground work provided for in List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and especially difficult working conditions, employment in which entitles 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, - for 9 months.

(Clause 15 introduced by Decree of the Government of the Russian Federation dated May 2, 2006 N 266)

The association assists in providing services in the sale of timber: at competitive prices on an ongoing basis. Forest products of excellent quality.