What it is
The official definition of special length of service for assigning a pension is given in Art. 27 Federal Law “On Labor Pensions”. It is accrued when working in hazardous conditions that negatively affect the health of the hired specialist. Additionally, this includes work with intense loads. In order for a person to count on early retirement based on special service, certain conditions must be met.
These include:
- specific duration of work in difficult conditions;
- the presence of documents that confirm that the citizen worked under the right conditions.
Attention! According to PP No. 1015, official documentation of the work is required, therefore other types of certificate are not considered.
A special feature of special experience is that it refers to periods of work under special conditions. This does not take into account how many insurance premiums were paid by the employer for the employee.
Concept
Special length of service is the recorded and documented duration of a person’s activity in specific conditions, special working conditions, positions, professions or jobs defined by law that are useful to society.
For example, guardianship or care for seriously ill people. It is taken into account when establishing salary supplements, benefits, calculating sick leave and other payments in some regions of the country, for example, the Far East, when assigning an old-age pension early or long service.
If the pension is assigned in the general manner, that is, upon reaching the age established by law, then the special length of service will be included in the general one.
The condition for receiving a long-service pension is the cessation of professional or other activities. Dismissal from office, resignation. This rule is mandatory for all categories of citizens who have special experience, except for teachers and medical personnel working in rural areas.
Rules for calculating years worked
To determine the duration of special service, the total number of days of production is calculated. To receive an early pension, you must work in the Far North or under dangerous conditions.
If a woman works under such conditions and is pregnant, she is transferred to safe work, but the entire period is counted as special work experience.
In order to correctly perform the calculation, special lists approved by the Government of the Russian Federation, as well as those available in the provisions of Federal Law No. 400, are taken into account.
During the calculation, the following rules are taken into account:
- the retirement age is reduced for a period of 5 to 10 years;
- usually more favorable conditions are offered for women;
- for some positions, special rules are provided for the influence of special experience on reducing the retirement age;
- to confirm the harmfulness of work, it is necessary to focus on the results of a special assessment, which is carried out annually after 2012;
- Work that is carried out in the Far North or other areas equated to northern conditions has a huge impact on the length of service.
Before the adoption of Federal Law No. 400 in 2013, slightly different rules for calculating special service were applied, which are still used in determining the current retirement age.
Legal basis
Pension issues are regulated by federal laws and numerous by-laws on insurance and labor pensions, employment, and rules for calculating length of service.
Judicial precedent is not a source of law in Russia, but the situation has developed in recent decades in such a way that all courts rely on the provisions of the Resolutions of the Plenums of the Supreme Court and decisions of regional, regional, republican and other courts of second instance when considering and resolving issues of recognizing the legal or illegal refusal in early provision of a pension to a health worker.
Behind the scenes, the courts are studying the practice of applying pension legislation regarding pensions for medical workers by other courts and are considering the possibility of using conclusions from it in their own activities.
Are benefits provided for the position of “nurse” due to hazardous working conditions?
When a pension is assigned based on special service
Federal Law No. 400 lists the main types of activities for which special experience is accrued.
These include work:
- in hot shops;
- underground;
- in difficult conditions;
- in logging or timber rafting;
- on long-distance vessels;
- on trucks or railways;
- in fire services, etc.
Important! The length of service does not include the time when a person studied in residency.
The following periods are included in the special period:
- temporary disability;
- maternity leave;
- downtime due to the fault of the employer.
If a person worked in rural and urban conditions, then a mixed work experience is formed. If the work is carried out in a village, then for 1 year of work an experience of 1 year and 3 months is accrued. For medical employees, a special correction factor is applied during calculation.
For example, for surgeons, traumatologists and ophthalmologists working in surgical departments, one year is equivalent to 1 year and 6 months. The same conditions are offered to persons working in intensive care units. When calculating the length of service of medical employees, the provisions of numerous regulations are taken into account, which can be not only federal, but also regional.
General terms
On a general basis, special experience is accrued if a citizen works in a specific profession or position that is included in the list of Federal Law No. 400. At the same time, certain requirements are presented to each specialist, which must be confirmed by official documents.
Work in the North
People who choose to work in the northern regions of the Russian Federation work under difficult conditions, so they can count on different preferences from the state. These include the early one.
Since 2008, the number of regions and cities that are considered equivalent to the Far North has increased . If a person worked in these entities before 2008, then the experience gained will not be considered special, and after 2008 new calculation rules apply.
The latest adjustments were made by regulations of 2012, so before starting the calculation it is recommended to study the current data.
By length of service
Thanks to special experience, citizens have the right to take advantage of their length of service in order to retire earlier than expected. In this case, it is not the person’s age that is taken into account, but the required number of years of experience.
This provision is important for the military, since during their service no funds are transferred to the Pension Fund for them, but their length of service is taken into account to calculate their future pension, and a length of service benefit is also offered. Not only military personnel, but also civil servants, miners or persons whose work is equivalent to military activity can count on such concessions.
It is required to obtain at least 25 years of experience, and for civil servants at the federal level, this period is reduced to 15 years. Local regulations apply correction factors during calculations.
Other situations
Sometimes the length of service includes not only periods of direct work, when the employer transferred funds to the Pension Fund for a person, but also other periods. These include obtaining education in the field of medicine or pedagogy. Additionally, this includes the period of military service.
Attention! Special experience not only allows you to go on vacation earlier, but also take advantage of other preferences and benefits.
How and where to calculate work experience
When calculating how much length of service is necessary to calculate a pension for both Russian citizens and foreigners permanently residing in the Russian Federation who are entitled to old-age payments, it is necessary to take into account confirmation of the time they worked in the Russian Federation and abroad. The latter can be done provided that this norm is spelled out in the legislation or an international treaty of the Russian Federation or insurance premiums have been received by the Pension Fund of the Russian Federation.
Important! Exceptions for non-Russian citizens are established by Federal Laws or international treaties.
Such development also includes the terms from the above Art. 11. These periods before registration of a person in the compulsory pension insurance system, in accordance with the Federal Law of 04/01/1996 No. 27, are proven by a work book or other documents listed in Art. 62 TK.
If they are lost and cannot be restored, the testimony of at least two witnesses will help. The nature of the work cannot be confirmed using this method.
After registration in the system, the required periods are certified through personal accounting information.
The mode for calculating and justifying length of service, including the use of digital information and testimony for this purpose, is prescribed in Decree of the Government of the Russian Federation of October 2, 2014 No. 1015.
Calculations of how many years of experience are needed for a pension occur in calendar order from a whole year (12 months). Every 30 days of such output are reduced to months, and every 12 months - to full years. When several periods are combined in time, one of them is taken into account at the choice of the applicant or a more advantageous period is used.
The duration of each term is determined by subtracting the start date plus the day from its end date.
The corresponding periods are included in the output up to the day preceding the day of application for determination of the pension, excluding the cases indicated in parts 5 and 6 of Art. 22 Federal Law No. 400 dated December 28, 2013. In these cases, the date preceding the day of assignment of the insurance pension is used.
A special service has been developed for citizens, explaining how to find out their pension experience through government services. For this purpose, registered users order a statement of their personal account status from the Pension Fund of Russia.
When to apply
It is impossible to say exactly when a person will be able to apply for a pension, since he can start working under difficult conditions at different ages. In this case, lists of professions are taken into account, which are regularly changed and supplemented by federal regulations.
Therefore, the following rules are taken into account:
- if a woman worked under particularly difficult and dangerous conditions, then she will be able to retire at the age of 45, but this requires at least 15 years of experience, and of these 15 years, at least 7.5 must be worked in hazardous production;
- if a man works under such conditions, then retirement is possible for him from the age of 50 with 20 years of experience, with 10 years of special experience required;
- if the work is carried out in simply dangerous conditions, then women retire at 50 years old with 20 years of experience, and men at 55 years old, and their experience should be 25 years.
The full list of professions and conditions can be studied on the website of the Government of the Russian Federation, and changes and additions are regularly made.
Each profession has its own nuances. For example, medical workers who work in villages can count on a pension payment from the state 25 years after employment. If the work is carried out in the city, then 30 years of experience is required. At the same time, special coefficients are offered for surgeons and some other doctors.
If a teacher applies for early retirement, then not only work in the profession is taken into account, but also postgraduate studies, as well as occupation of other positions in the educational field.
Insurance period for sick leave for individual entrepreneurs
If a certificate of incapacity for work is opened by an employee of an individual entrepreneur , then sick leave is calculated according to the general rules, depending on the length of insurance. Since the individual entrepreneur is obliged to conclude an employment contract with each employee and transfer contributions to the Social Insurance Fund.
But if the certificate of incapacity for work is opened by the individual entrepreneur himself , then he can count on sick leave during illness only if he has entered into a voluntary social insurance agreement and paid insurance premiums for himself to the Social Insurance Fund.
The agreement must be concluded in advance. In order to receive sick leave payments in 2021, the individual entrepreneur had to enter into an agreement and pay contributions in 2020.
Documents for confirmation
When applying for an early pension, it is necessary to prepare evidence of special experience.
for this :
- a work book designed to record all places of employment of a citizen;
- salary transfer invoices, which can be replaced by pay slips;
- labor agreements drawn up and signed with employers;
- extracts made from orders of the leadership of various organizations;
- certificates from institutions that contain information about the terms of work, position held and other relevant data.
The need to obtain certificates and other documents arises if PF employees, for various reasons, do not have information about all places of employment of a citizen applying for early retirement. Therefore, if a citizen is previously denied a payment, he will have to collect the necessary documentation within 5 days.
If the organizations in which the citizen worked are already closed, then you will have to use the services of the archive. The certificates must contain information not only about the periods of work and the name of the organization, but also about the position held, as well as about the dangerous or difficult conditions under which labor duties were performed. These documents confirm that the work was indeed dangerous and difficult. Job descriptions and employment agreements may be used for this purpose.
If the company where the citizen worked was not an official enterprise with special conditions, then such length of service is not considered special. In this case, even the testimony of other workers is not taken into account.
Main types
Special experience, in fact, is understood as a taken into account time period of activity useful for society. For example, the work of a teacher or doctor. When we talk about this type of internship, we proceed from the fact that its main purpose is:
- Assignment of early pension.
- Long service pensions.
- Salary supplements, compensating or incentives.
- Grounds for appointment to a position, government or other socially important.
Citizens for whom special length of service is calculated and who have the right to claim the above security include:
- Civil servants.
- Military personnel.
- Persons undergoing service equivalent to military service. For example, employees of the Ministry of Internal Affairs, FSB, Ministry of Emergency Situations, etc.
- Persons employed in hazardous work.
- Persons living and working in regions defined by the legislator as unfavorable for work and life. For example, in the Far North.
- Astronauts.
- Flight test crew.
- And a number of others, for example, temporarily disabled people, pregnant women, and giving birth.
Now let’s take a closer look at some of the categories, how experience is formed, and how to confirm it.
