Everything about mixed length of service for a pension in the Ministry of Internal Affairs: what does it include and what is the procedure for leaving service for a well-deserved retirement?

Those who work in government agencies and special structures, such as the Ministry of Internal Affairs, the National Guard and the police, can count on a special pension. They are going on a well-deserved leave of service. In this article we will talk about employees of the Ministry of Internal Affairs, how their length of service is calculated, and what are the conditions for early retirement.

What is it about?

Mixed length of service for pensions of employees of the Ministry of Internal Affairs is a combination of several periods of time during which a person both worked in special conditions or localities (in our case in the Ministry of Internal Affairs), and in ordinary places of work. That is, you can not only serve in a unit, but also have experience in civilian life . This period is also called special.

Thanks to the accrual of mixed length of service, an employee of the Ministry of Internal Affairs (if we take the profession in relation to our article) has the right to retire early upon reaching length of service, although he has time to work outside the authorities.

How are pensions calculated for employees of the Ministry of Internal Affairs?

Basically (excluding allowances and benefits), the amount of pension payments to DVA employees depends on several criteria:

• Based on the fact of occupying the last position (selected for the past 5 years);
• For a special title;
• The employee's salary.

Additionally calculated:

• Years of military service subject to preferential calculation;
• Work experience outside the authorities;
• Allowances.

The final formula for calculating the amount of payments to a former employee of the Ministry of Internal Affairs is as follows:
Formula for paying a pension to an employee of the Ministry of Internal Affairs

In 2021, this formula continues to be used when calculating pensions in the Russian Federation without changes.

Special conditions for police officers

Pension reform has recently been carried out in Russia. Naturally, the changes also affected employees of the Ministry of Internal Affairs. Now, in order to retire, you need to have at least 25 years of work experience . If, however, the employee is in the Far North, then his work time there is calculated differently, namely in two days (how is northern length of service for a pension calculated correctly?). Those. It is enough to have a total work experience of 12.5 years.

Attention: at the time of retirement, the employee must be at least 45 years old, even if his length of service allows him to retire earlier.

Of the terms mentioned above, you need to serve exactly half of the terms in the Ministry of Internal Affairs. That is, 12.5 out of 25 and 6 years out of 12.5 for employees in the North. This is stated in Government Decree No. 941 of September 22, 1993.

When is it wrong to quit the police?

The legislation contains lists of situations when nothing prevents dismissal from the Ministry of Internal Affairs and there are some restrictions.

You cannot resign from the Ministry of Internal Affairs if you have:

• regime of military operations or state of emergency on the territory of the unit;
• counter-terrorism operation, in which all employees of the unit are required to take part;
• the need to take measures to eliminate the consequences of an emergency.

Termination of the contract is possible due to:

• reaching the age when a citizen is entitled to a well-deserved rest;
• the results of a military medical commission, which becomes necessary when physical condition deteriorates and there is no opportunity to continue performing official duties;
• expiration of the current contract;
• the civil servant's own desire.

Failure to comply with the terms of the contract can also lead to the end of service. In particular, the command has the right to relieve an employee from his position or dismiss him with an entry in his personal file.

What is included in the years of service?

It is worth remembering that the length of service includes not only permanent service in the authorities. Article 38 of Federal Law No. 342-FZ of November 30, 2011 helps to understand which periods are included in the length of service:

• Full-time studies or advanced training courses, if completed before 2002.
  A year of study is counted as 6 months of service. Accordingly, later completion of training will not be included in the length of service.
• Labor and insurance experience established by the relevant law on pensions.

The procedure for registering dismissal from the Ministry of Internal Affairs

The contract termination procedure begins with the employee submitting a corresponding report. It is advisable to indicate the reason for your decision in it, and then adhere to the following algorithm:

1. A month before dismissal, a report is submitted to the manager. It specifies the termination date of the contract, but by mutual agreement the police officer may terminate service before that date.
2. The authorized person draws up a letter of resignation, which indicates the reason for termination of the contract, and also contains information about the state of health, length of service, age and entitlement to social guarantees.
3. A dismissal order is issued.

How much time do you need to devote to work?

1. By length of service.
   The Law of the Russian Federation of February 12, 1993 No. 4468-1 will help determine the quantity. It states that employees who have 20 years of service at the time of dismissal have the right to such a pension, that is, who have served in the Ministry of Internal Affairs for this entire period.
2. According to mixed experience.
   Persons who have reached the age of 45 and have worked for at least 25 years can count on such a pension.

   Important! Half of them are 12 years old and must be served in the Ministry of Internal Affairs. For the Far North, you need to divide all these terms by 2.

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3. At a discount.
   Preferential pensions are those issued:
   • Due to disability. Persons who become disabled during service or no later than 3 months after dismissal can count on a pension. Or if they became such after 3 months, but due to injuries they received even before that at the time of work in the authorities.

   For the loss of a breadwinner. Such a pension is assigned not to the employee himself, but to his disabled dependents in the family if their breadwinner died no later than 3 months after dismissal from service, or later than this period, but as a result of injuries received by him while still working.

Who can count on a pension from the Ministry of Internal Affairs for long service?

Working in the Ministry of Internal Affairs is associated with a high risk to health and life, a large number of stressful situations, and physical activity. Therefore, the state meets halfway citizens who defend law and order and gives them the opportunity to retire earlier.

The following people have the opportunity to receive a long-service pension from the Ministry of Internal Affairs:

• officers: captain, major, major general;
• warrant officers;
• midshipmen;
• contract workers;
• ordinary police officers - policemen;
• Department of Internal Affairs leadership.

Work should be carried out in:

• military structures;
• ATS;
• Russian Guard;
• fire departments;
• drug control authorities (FSKN);
• punishment enforcement authorities.

ATS include:

• Ministry;
• district;
• interregional;
• regional;
• district administrations and departments.

Regional and district branches are formed in every city, district, and other municipalities in the country.

What is needed for implementation?

The entire algorithm of actions listed below is based on - 56 of the Law of the Russian Federation of February 12, 1993 N 4468-1 . So, what does an employee who has reached 45 years of age and worked the required number of years need to do:

1. Contact the personnel service located in your department and notify them of your desire to retire early. There, the future pensioner will be told what documents and certificates are needed, and will also be provided with an application and a sample for filling it out.
2. Prepare a package of documents:
   Already mentioned statement.
3. A monetary certificate obtained from the accounting department.
4. A signed form with consent to the processing of the provided personal data.
5. Papers confirming that the employee has the right to a benefit (if any).
6. Pay slip with length of service.
7. Information about family composition (if there are children).
8. Conclusion of the VVK.

Attention! This list applies only to those who want to apply for a pension based on mixed length of service (according to length of service). For those wishing to apply to the Pension Fund for old-age benefits, the list of papers is different!

9. Submit papers to the HR department. There the application is registered, the person’s compliance with the requirements is checked and, if everything is in order, they put the necessary mark in the documents and send a notification to the bank so that it begins to pay the pension to the Ministry of Internal Affairs employee.

It is highly advisable to carry out all of the above steps 3 months before retirement. It is also recommended to undergo a medical examination. She may declare the employee unfit for further service, and this, in turn, is necessary to register disability and receive a preferential pension, the amount of which is higher than that assigned based on length of service.

Amount of pension for police officers and calculation procedure

According to current legislation, when retiring from the Ministry of Internal Affairs, an employee can count on payments in the amount of 50% of the salary. Moreover, each additional year in excess of the standard length of service increases the pension by:

• 3% – with work experience in the Ministry of Internal Affairs of 20 years;
• 1% - with a total work experience of 25 years, and in the Ministry of Internal Affairs of 12 years and 5 months.

But the total amount should not be more than 85% of the salary. Every year, pensions of security forces are indexed depending on the social and economic situation in the country and budget capabilities.

Increasing and decreasing coefficients are established for pensions.

The reduction factor is also reviewed annually and may be increased by decision of the Government of the Russian Federation.

The amount of salary for calculating a pension is also influenced by bonuses to it, which are provided for:

• experience – from 10 to 40%;
• rank – from 5 to 30%;
• working conditions – from 10 to 100%;
• work with state secrets – from 10 to 25%;
• scientific degree – from 15 to 30%;
• honorary awards – from 5 to 25%;
• success in sports – from 5 to 10%.

In addition, the calculation also includes one-time cash payments that are transferred as part of medical care, incentives for success in service, etc.

Main types of benefits for pensioners of the Ministry of Internal Affairs in 2021:

Let's take a closer look at what benefits are provided to pensioners of the Ministry of Internal Affairs.

Tax benefits:

Tax benefits for pensioners of the Ministry of Internal Affairs are established by the Tax Code of the Russian Federation and regulations of the subject of the federation and the municipality.

Property tax

The Tax Code of the Russian Federation establishes at the federal level the possibility of exempting a pensioner from paying real estate tax on one property. Since a pensioner of the Ministry of Internal Affairs is included in this category, it also applies to him.

In this regard, a pensioner of the Ministry of Internal Affairs does not pay property tax if he owns an apartment, house, or garage. However, if he owns two apartments, then the exemption applies to only one object. Therefore, you need to choose which of them he will pay tax on, and which one he will apply for a benefit.

The provision of benefits is of a declarative nature, so to receive them you need to submit an application to the Federal Tax Service.

Transport tax

The provision of transport tax benefits applies to the regional level.
Each subject adopts the appropriate law, which establishes a list of categories of beneficiaries and the amount of their provision. Benefits here are also established for the general group - pensioners. They may provide tax exemption for one vehicle with certain characteristics.

For example, up to 100-150 hp, discounts on the tax rate (up to 50%), tax exemption up to a certain amount. There are regions where there are no transport tax benefits at all. There are also regions where transport tax is not paid at all.

Attention! Transport tax benefits are provided on the basis of an application submitted to the Federal Tax Service.

Land tax

General issues of providing land tax benefits to pensioners of the Ministry of Internal Affairs are regulated by the Tax Code of the Russian Federation. It provides that pensioners may not pay land tax on one plot of land within 6 acres.

If the land plot is larger than the specified area, then the cadastral value of the taxable area is calculated (the cadastral value of 6 acres is excluded, a deduction is applied) and only this is taxed.

Legal basis

The main regulatory document on the basis of which pension benefits are calculated and accrued for retired employees is Federal Law No. 4468-1 of February 12, 1993.
According to this document, it is determined who has the right to receive this payment, and what conditions must be met. First of all, these include work experience in law enforcement agencies for more than 20 years, or if you have a total work experience and 12.5 years of work in the structures of the Ministry of Internal Affairs.

Also, the provisions of this act establish what allowances and additional payments a pensioner of the Ministry of Internal Affairs can receive for participation in combat operations, for access to military secrets, for work in hard-to-reach areas.
Help! Regulatory acts also establish that the indexation of pensions of the Ministry of Internal Affairs is carried out in proportion to the increase in the salaries of current employees.

Compensations and payments upon dismissal from the Ministry of Internal Affairs at one's own request

There are a number of payments that are due to employees who leave the service at their own request:

Is it possible to quit while on vacation?

There are no specific prohibitions on dismissal while on vacation, but employees need to consider several reasons why management may refuse to terminate a contract on a specific date:

Step-by-step instructions for dismissal from the Ministry of Internal Affairs

The procedure for terminating a service contract and leaving service consists of several stages. All of them are established by the relevant order of the Ministry of Internal Affairs, so it will not be possible to bypass them.

How to submit a report

Notification of the intention to terminate the official relationship is submitted in the form of a report addressed to the authorized manager in accordance with the one who made the decision to hire the employee. It has a free form of a written document, but must contain all the necessary points that were given above.

The document is directly submitted to the personnel service of the internal affairs body, where it is checked to ensure that all necessary information is provided and that the deadlines established by law are met. It is necessary to ensure that the report is registered, for which it is advisable to have a second copy, on which a mark is placed on receipt by the personnel service employee (full name and position of the responsible person, date of reception).

Conversation about rights upon dismissal from the Ministry of Internal Affairs

This stage is also mandatory and involves an explanatory conversation with the employee from the HR department (and, if necessary, with the involvement of the legal, medical and financial departments of the authority) on the following issues:

If an employee avoids the conversation or directly refuses to go through with it, then this will not affect the dismissal process. In this case, the personnel employee draws up an appropriate act recording such a refusal.

Passing the commission (VVK)

Although the law does not directly stipulate the obligation of an employee of the Ministry of Internal Affairs to undergo a medical examination upon dismissal, this follows from the norm requiring information about health to be indicated in the resignation letter. An employee can still refuse, but there must be a compelling reason to do so.

It is necessary to undergo the IHC and obtain the appropriate conclusion before the order is issued, but in some cases this procedure can be completed within a year from the date of receipt of the extract or copy of the order. The results of the survey may affect the list of benefits that a former police officer can qualify for.

Issuance of an act (Representation)

After receiving the report, HR employees are required to prepare an appropriate presentation, which is agreed upon with the immediate supervisor of the dismissed person. It must also be agreed upon with the head of the internal affairs body, and the employee must be familiar with it and sign it personally.

This document, among other things, must indicate the total length of service in the police force and the periods of work that were included in this length of service. The indicated periods are indicated in normal calendar terms, as well as in preferential ones (for example, when 1 year was counted as 2 or 3). These periods will be important when establishing the amount of an employee’s pension, as well as when calculating severance (one-time) benefits.

Order of dismissal

The order is the basis for termination of a person’s service in the authorities before the expiration of his contract. On the last day of service, the dismissed person must be familiarized with this act, about which he puts his signature. The order reflects the wording of the grounds for dismissal (in this case, the employee’s initiative). The details of the document (its number and date of publication) are indicated as the basis for dismissal in the labor circle.

Transfer of cases and weapons

The resigning person is obliged to transfer all affairs and property used before leaving the authorities:

Preparation of personnel documents

In addition to an extract from the order on termination of service (or a copy thereof), the person must be given his work book. It also reflects information about dismissal according to the general rules for maintaining work records, i.e. there should be indicated:

• serial number of the record;
• reasons (own desire) for dismissal;
• grounds for dismissal in accordance with legal formulations (norm);
• local act, which is the basis for termination of relations (details of the order).

Calculation of payments upon dismissal

The last day of service of the employee is considered the day of his dismissal, therefore the financial department is obliged to finally pay such an employee. The full payment must include the following payments:

• wages (unpaid part);
• compensation for unused vacation;
• severance pay;
• due bonus.

Depending on the conditions of dismissal and the category of the employee, he may be entitled to other payments.

Exclusion of an employee record from the Register

This action must be completed within 1 month. In this case, the beginning of this period is determined by the day the order is issued by which the employee is dismissed from service.

Is it possible to quit without working?

Employees of the Ministry of Internal Affairs are subject to the provisions of the Federal Law “On Service in the Department of Internal Affairs”, and not the norms of the Labor Code of the Russian Federation, where, upon dismissal on their own initiative, an employee is necessarily exempt from two weeks of service if there are good reasons (enrollment in an educational institution, relocation, etc.).

Here it is important to comply with one condition specified in paragraph 4 of Art. 84 Federal Law No. 342-FZ: before the expiration of the mandatory service period, an employee may be dismissed with the permission of the manager.

There is another option - termination of the contract by agreement of the parties (Article 83 of the Federal Law “On Service”), where a specific date for leaving service will be indicated in advance.

Answers to frequently asked questions

Question:

I drew up a report in which I asked to terminate my service contract. Due to a change in family circumstances, I withdrew my report before the dismissal order was issued, but after 30 days had passed after my notice was given. Can they refuse to withdraw my report and fire me on the initiative of an employee?

Answer:

The initiative of an employee of an internal affairs agency is one of the grounds for terminating a service contract. A person can withdraw his application at any time before the expiration of a month from the date of submission of the report. If it was submitted after the specified period, then the employer has the right to complete the dismissal procedure at the initiative of the employee.

Question:

I plan to stop serving in the valiant bodies. How to properly notify management? Is there any approved form for such notification?

Answer:

Notification is carried out in the form of a report, which is analogous to a letter of resignation if we are talking about a civil organization. It is submitted 1 calendar month before the date of the desired dismissal. The document does not have a form approved at the legislative level, but our article provides a list of information that must be indicated in it.

Question: Is it possible to resign while on a business trip to the Investigative Committee?

Answer: The Investigative Committee in this case is not the main place of work, therefore, in order to be dismissed, you must submit a report to your immediate management. You can terminate the contract because a business trip to the TFR is not service under martial law.

Question: What should I do if the employee is not fired after the mandatory service period has expired?

Answer: He has the right not to go to work, but a full payment must be made to him on the last day of his work. If this condition is not met, he can go to court or try to resolve everything peacefully.