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Work experience is of great importance for the formation of a pension in modern Russia. The larger it is, the more secure the citizen’s old age will be in the future.
The question of entering this period of military service remains relevant. The period of military service is included in it, however, with some features that will be discussed in the article.
For what types of length of service is military service important?
Military service can play a role in calculating most types of length of service that are used in the Russian Federation:
- general labor, which since 2002 has lost its significance as one of the main conditions for assigning a pension, but continues to be used in a number of calculations related to it;
- insurance, which since 2002 has been important for establishing a pension, and since 2007 has been used in determining the percentage applied to the actually accrued amount of sickness benefits;
- preferential, giving the opportunity to retire early.
The period spent in the army is confirmed by a military ID, a certificate of service, or a corresponding entry in the work book entered there on the basis of a document evidencing service in the army.
For more information about the rules for making entries in a work book, read the article “Procedure for filling out a work book - sample” .
How does the length of military service affect seniority?
In general, military service is included in the length of service in a 1:1 ratio (a year of service equals a year of experience). This also applies to those cases when a person decides to devote his entire life to the army. If he serves under a military contract, then he actually receives official employment.
Moreover, it provides an opportunity for early retirement. To do this, you must voluntarily serve a certain number of years. Today, this period is 20 years and upon completion, a citizen can become a full pensioner. This initiative receives significant support from the state in the form of increased pension payments.
Is the army included in the total length of service?
The total length of service, having ceased to be an indicator on which the amount of the accrued pension directly depends, continues, however, to be used in connection with it to assess the right:
- for a pension earned before 2002 (Clause 1, Article 30 of the Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ);
- increasing fixed pension payments for persons who worked in the Far North and equivalent areas, as well as for agricultural workers (clauses 4, 5, 14 of Article 17 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ );
- early establishment of a pension (Articles 30–32 of Law No. 400-FZ);
- the title of labor veteran (Clause 1, Article 7 of the Law “On Veterans” dated January 12, 1995 No. 5-FZ), which makes it possible to receive a number of social benefits when applying for a pension;
- long service pension for a civil servant (clauses 1 and 1.1 of Article 7 of the Law “On State Pension Provision in the Russian Federation” dated December 15, 2001 No. 166-FZ).
Military service is usually included in the total length of service based on its actual calendar duration. But for a number of cases its period increases, for example, for participants in combat operations.
Find out how pensions are assigned to combat veterans in ConsultantPlus. If you do not have access to the system, get a trial demo access for free.
Read about what periods the total length of service consists of in the material “Total length of service - what is included and how to calculate?”.
What is experience
The concept of “work experience” was previously used exclusively in the context of the number of years a citizen has worked. This also included some other periods (for example, parental leave).
Also in Russia there is an insurance period - the period for which insurance premiums were paid for an employee (by the employer or by himself, in the case of entrepreneurial activity).
Separately, it is necessary to highlight preferential special experience, which should be understood as work in difficult, harmful and special conditions, for which the right to early retirement is provided.
Is military service included in the insurance period?
Two points depend on the amount of insurance experience: the right to an insurance pension and the percentage applied to the amount of sick leave benefits.
Is the army included in the insurance period? In both situations, it is taken into account as a non-insurance period accepted into the insurance period based on its actual calendar duration:
- for pensions - according to clause. 1 clause 1 art. 12 of Law No. 400-FZ with the proviso that the time of military service is directly adjacent to periods of labor (clause 2 of Article 12 of Law No. 400-FZ). That is, in order to include the period of military service in the insurance period for calculating the pension, the conscript must be officially employed before and after the army;
- for sick leave - according to clause 1.1 of Art. 16 of the Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ.
The Pension Fund periodically excludes the period of military service from the insurance period for assigning a pension. But the courts, as a rule, restore justice, provided that the pensioner worked before and after the army (see Decision of the Rezhevsky City Court of the Sverdlovsk Region dated 02/03/2015 in case No. 2-1240/2014, Determination of the Investigative Committee for civil cases of the Supreme Court of the Russian Federation dated 07/25/2008 No. 2-B08-7).
ConsultantPlus has a selection of court decisions on disputes regarding the assignment of pensions to military personnel. Get trial demo access to the system and access the material for free.
For information on the rules for registering the dismissal of an employee conscripted into the army, read the article “Procedure for dismissal in connection with conscription into the army (nuances)” .
Lack of experience
In Russia, the conscription model of forming the Armed Forces is still in effect. And although now there are almost 2 contract soldiers for every conscript, every year more than 220 thousand people are sent to military service. They are deprived of the opportunity to conduct labor or business activities for a whole year - and, accordingly, of the insurance contributions to the Pension Fund necessary for the formation of an insurance pension.
The length of service in the army has changed periodically throughout the last century:
- since 1922
, military service periods ranged from 1.5 (infantry and artillery) to 4.5 years (Navy); - from 1924
, the terms were adjusted - they served in the infantry for 2 years, in the Air Force for 3 years, and in the Navy for 4 years; - since 1939
, new terms of service were introduced: for the ground forces (rank and file) it was necessary to serve for 2 years, for the Navy - 5 years, and for the border troops - 3 years; - since 1967
, the service life for the rank and file of the SA was set at 2 years, for the Navy - 3 years, for conscripts with higher education - 1 year; - since 1993
, they served in the army for 1.5 years, and in the navy for 2 years; - since 1996
, the service life for all types of troops was 2 years, and for conscripts with higher education - 1 year; - Since 1998
, the service life has been reduced to 1 year, regardless of education.
Thus, for many of those currently retiring or already retired, the military accounts for 1 to 3 years of their career
. Until now, all men of a certain age in Russia are liable for military service, and this is also relevant for them. Whether this is good or bad is not for us to decide, but everyone should still understand the formation of pension rights.
Does military service count towards preferential length of service?
Service in the army is taken into account in preferential length of service, which is important for a pension granted early due to special (harmful or difficult) working conditions, and for a long-service pension, if the serviceman’s position is in the corresponding list of positions approved by the Government of the Russian Federation (clause 3 Law No. 76-FZ).
And always the army service, which represents a non-insurance period taken into account in the insurance period, participates in the formation of the total amount of insurance experience, a certain length of which is one of the conditions for the early assignment of a pension.
Read more about calculating the insurance period in the material “Insurance period - types and calculation rules.”
The principle of calculating the length of service of military personnel
According to the regulations of the Russian Federation, the time a citizen stays in the Armed Forces or departments with a similar status is included in the total work experience. In accordance with the established formula, one day spent in service is equivalent to one day in an official position.
There are also exceptions that apply, for example, to conscripts with the status of “conscripts”. Such categories of persons receive a new formula according to which one day in the army or navy equals two days of official work activity.
Example No. 1
Russian citizen Pyotr Ivanov, having reached adulthood, went to serve under a contract. After three years spent as part of the Russian Armed Forces, Peter retired from the army, after which he entered into an ordinary, civilian employment contract with a specific private company; he worked in positions unrelated to the RF Armed Forces. Thus, Pyotr Ivanov did not receive length of service (since he served for only three years), and all the time spent in the service (those same three years) were simply counted as work experience.
Example No. 2
Russian citizen Ivan Vasiliev, who had reached the age of majority, went to study at a specific university in the country. After receiving his bachelor's degree, Ivan went to military service. Having spent exactly one year in the RF Armed Forces, he continued his normal work activities on the basis of a classic employment contract with a private company. By law, one year of military service is equivalent to two years in the workplace. Thus, during his time in the army, Ivan earned two years of experience.
Results
Military service is included in the calculation of most types of length of service. Usually, for these purposes, its length is taken equal to the actual calendar one, but special cases are also possible.
Sources:
- Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”
- Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”
- Federal Law of January 12, 1995 No. 5-FZ “On Veterans”
- Federal Law of December 15, 2001 No. 166-FZ “On State Pension Security in the Russian Federation”
- Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”
- Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Who counts?
In accordance with Article 1 of Law No. 4468-1, persons who perform military service include:
- ordinary soldiers and sailors;
- army and navy officers;
- midshipmen and warrant officers.
At the same time, Article 2 of Law No. 53-FZ establishes that the conditions for counting time spent in the army are the same for both contract soldiers and conscripts.
Separately, it is worth answering the question of whether service in the Soviet army is included in the total length of service, the answer is yes. It was mentioned in the previous legislation, 173-FZ dated December 17, 2001; now the law refers to any military service, so the Pension Fund has no grounds for excluding such a period when it is documented.
ConsultantPlus experts discussed how to calculate the insurance pension of military pensioners. Use these instructions for free.
Accounting for military service when calculating pensions using a point system
This system, used to assign pension payments, was approved in 2015.
The exact amount of payments is determined by the pension coefficient, which is calculated individually for each citizen. The higher it is, the more money a citizen will receive while on a well-deserved rest. As a general rule, points are added when the employer makes pension contributions. 1.8 points are awarded per year. Military years are counted in a similar manner, although no payments are made during this time.
