In order to implement and observe the right of citizens to preferential pensions, rules have been established on the application of Lists 1 and 2 of harmful professions of the Russian Federation, according to which a certain category of employees has the right to retire earlier than most other citizens. If there is documentary evidence of the fact and period of work in special conditions classified by Lists 1 and 2 as harmful (difficult) working conditions, the employee can apply to the Pension Fund with an application for the appointment of an early insurance old-age pension.
Harmful professions according to Lists 1 and 2
Explanations on how to determine special work experience and apply Lists 1 and 2 of harmful professions in the Russian Federation are contained in the Decree of the Government of the Russian Federation No. 665 dated July 16, 2014. For convenience, we will briefly summarize the main points:
- List 1 shall be applied in the event that the employee was employed in underground work, as well as in work with hazardous working conditions, or the work took place in hot workshops at high ambient temperatures or in direct contact with sparks / fires;
- For employment in work in which working conditions are recognized as work with difficult working conditions, see Schedule 2.
In practice, a situation is possible when an employee is simultaneously employed in several jobs from different Lists (for example, he is a part-time employee), in this case it is necessary to apply List 2.
So that when assigning an early insurance pension the employee does not have problems with the Pension Fund, the employer should take into account the requirements for the name of harmful professions provided for in Lists 1 and 2. Therefore, even at the stage of hiring and processing documents, including staffing, work book, employment contract with the employee, his personal card, the employer should familiarize himself with the procedure for applying the Decree of the Government of the Russian Federation No. 665 dated July 16, 2014 and indicate the name of the position (profession) and labor function of the employee as indicated in Lists 1 and 2.
If the job title (or job function) does not match, the employee is at risk of negative consequences: the PFR employee may be denied early retirement. In this regard, the employee can be recommended to try to prove the identity of the names, having enlisted the legal support of the Ministry of Labor of Russia, set out in a letter dated 02.08.2000 No. 3073-17, No. 06-27 / 7017. State bodies recognize the employee's right to preferential pension benefits subject to the necessary requirements for the emergence of such a right, despite the different names of the same profession.
List 1: particularly harmful conditions
The establishment of the fact that the nature of the employee's labor function for a particular employer is associated with especially harmful or especially difficult working conditions, as required by List 1, is carried out through certification of workplaces.
The employer, as well as the relevant state (municipal) authorities, at the request of the employee, are obliged to provide him with a certificate of the nature and period of work. These documents are provided in the future to the Pension Fund and are the basis for calculating the employee with preferential length of service and early retirement.
The right to an early preferential old-age pension according to Schedule No. 1 with especially harmful conditions is reserved for the employee whose profession is identical to the profession from Schedule 1, subject to the conditions that:
- the employee has full time employment (that is, at least 80% of his working time, the employee performs work in especially harmful and especially difficult working conditions) and
- the fact of work in special conditions can be documented.
The main, but not the only document confirming the fact of work in special conditions, is the work book. The legislator does not restrict the employee's right to provide other documents, which the Pension Fund is also obliged to accept to calculate the insurance period for establishing a preferential pension. This can be a certificate from the employer about the period and nature of work, an employee's personal card, an employment agreement drawn up according to the rules in force at the time of its conclusion, certificates of wages, orders and other documents. The employee's right to provide additional documents is enshrined in paragraph 11 of the Rules for calculating and confirming the insurance experience for the establishment of an insurance pension, approved by Decree of the Government of the Russian Federation of October 2, 2014 No. 1015.
Work experience in a position included in the list of preferential professions with harmful working conditions for men is at least 10 years and 7 years and 6 months for women.
List of 2 preferential professions
Work will also be included in the special length of service for an employee if his work (position, profession) and indicators with harmful and difficult working conditions are included in List 2.
When a job from List 2 is included in the special length of service, one should take into account the clarifications of the Ministry of Labor of the Russian Federation of May 22, 1996 No. 5 on the procedure for applying preferential Lists 1 and 2.
The pension fund is obliged to assign an early preferential old-age pension to an employee, including a special length of service in the calculation, if:
- the position of an employee from the harmful professions of the Russian Federation specified in Lists 1 and 2,
- the employee has full time employment (that is, at least 80% of his working time, the employee performs work in especially harmful and especially difficult working conditions, including business trips, sick leave, vacations (annual, additional), time for a lunch break).
Special rules for calculating special seniority provide that:
- when the volume of production is reduced and the employee is transferred to a part-time (working week) mode of work, the length of service should be considered based on the time actually worked;
- the calculation of the special length of service shall not include the periods of work in which the study leave was granted.
Preferential pensions according to Schedules 1 and 2
Despite the next pension reform currently under way in the country, aimed, among other things, at increasing the retirement age, which already from January 1, 2017 affected some citizens who are state and municipal employees, as well as persons employed in political positions, the order preferential pension coverage has remained the same.
The essence of preferential pensions is that men can retire not at 60, but women at 55, but several years earlier.
This means that those workers whose work (position, profession) is included in Lists 1 and 2 of harmful professions of the Russian Federation, provided that the requirements are met:
- about the work experience in these jobs for men at least 10 years and for women - 7 years 6 months, as well as
- insurance experience for men is at least 20 years, for women - 15 years,
then these workers are entitled to preferential pension benefits. This means that men can retire at age 50 and women at age 45.
When working at least half of the required period in jobs included in the list of preferential professions with harmful working conditions, and subject to the remaining requirements of the law (including the required minimum insurance length and the period of work in harmful and hazardous working conditions), men and women can also rely on a special procedure for assigning an insurance pension - the retirement age generally established for all citizens of Russia shall be reduced by one year for each full year of such work.
In conclusion, we will point out the regulatory framework governing the relationship for the appointment of pensions, including, including, preferential pension provision in connection with the performance of work in hazardous and hazardous working conditions. It:
- Federal Law of December 28, 2013 No. 400-FZ "On Insurance Pensions". Part 1 of Article 30 of Federal Law No. 400-FZ of 28.12.2013 regulates the right to early appointment of an insurance pension;
- Until 01.01.2015, the Federal Law of 17.12.2001 No. 173-FZ "On Labor Pensions in the Russian Federation" (
Do the provisions of List No. 2, approved by the decree of the Cabinet of Ministers of the USSR dated January 26, 1991, No. 10 apply to employees whose work experience includes the periods of 1983-1990?
Answer
Yes, it does.
b) List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a retirement pension (old age) on preferential terms (). "
A professional help system for lawyers, where you will find the answer to any, even the most difficult question.
See what conditions the courts most often rate differently. Make sure to include safe wording of such terms in your contract. Use positive practice to persuade the counterparty to include a clause in the contract, and negative practice to persuade them to abandon the clause.
Challenge the orders, actions and omissions of the bailiff. Release property from seizure. Collect damages. This recommendation contains everything you need: a clear algorithm, a selection of judicial practice and ready-made samples of complaints.
Read the eight unspoken registration rules. Based on testimony from inspectors and registrars. Suitable for companies that have been tagged by the Federal Tax Service Inspectorate.
Fresh positions of courts on controversial issues of recovery of legal costs in one review. The problem is that many details have not yet been written into the law. Therefore, in controversial cases, focus on judicial practice.
Send a notification to your cell phone, e-mail or parcel post.
RESOLUTION
On approval of lists of industries, jobs, professions, positions and indicators that give the right to preferential pension benefits
With changes and additions made
by decrees of the Cabinet of Ministers of the USSR
dated July 23, 1991 N 497,
dated August 9, 1991 N 591
In accordance with Article 14 of the USSR Law "On Pension Provision of Citizens in the USSR", the Cabinet of Ministers of the USSR DECIDES:
1. To approve:
a) List No. 1 of industries, jobs, professions, positions and indicators in underground work, in work with especially harmful and especially difficult working conditions, employment in which gives the right to a retirement pension (old age) on preferential terms (attached);
b) List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a retirement pension (old age) on preferential terms (attached).
2. To establish that in accordance with the Law of the USSR "On Pension Provision of Citizens in the USSR" the application of Lists Nos. 1 and 2 is carried out taking into account the certification of workplaces.
3. The heads of enterprises (associations), organizations to ensure timely preparation for the introduction of Lists N 1 and 2. To carry out certification of workplaces and take the necessary measures to improve working conditions. Determine the list of jobs, the name of the professions and positions, the employees of which, in accordance with these Lists, are provided with preferential pension benefits, and familiarize the workers with them.
Instruct the USSR State Committee for Labor and Social Issues to provide explanations on the procedure for applying the said Lists.
4. The USSR State Press Committee to ensure, within 3 months, by order of the USSR State Committee on Labor and Social Issues, the publication of a collection of normative acts on preferential pensions and seniority pensions.
5. Instruct the USSR State Committee on Labor and Social Issues to continue, with the participation of the General Confederation of Trade Unions of the USSR, the USSR Ministry of Finance, the USSR State Planning Committee, the USSR Pension Fund and other interested organizations, work on considering the comments and additions received on Lists Nos. 1 and 2, guided by this clause 9 of the Resolution of the Supreme Soviet of the USSR "On the Procedure for Enacting the Law of the USSR" On Pension Provision of Citizens in the USSR ".
Application
List N 1
industries, works, professions, positions and indicators in underground work, in work with especially harmful and especially difficult working conditions, employment in which gives the right to a retirement pension (old age) on preferential terms
I. Mining operations
II. Ore preparation, beneficiation, agglomeration (agglomeration, briquetting, pelletizing), roasting of ores and nonmetallic minerals
III. Metallurgical production (ferrous metals)
IV. Coke, pitch-coke, thermoanthracite and coke-chemical production
V. Production of generator gas and production of gases in the process of metallurgical production
Vi. Production of dinas products
Vii. Metallurgical production (non-ferrous metals)
VIII. Chemical production
IX. Production of explosives, initiators, propellants and ammunition equipment
X. Processing of oil, gas, gas condensate, coal and shale
XI. Metalworking
XII. Electrical production and repair of electrical equipment
XIII. Manufacture of electronic products and radio equipment
XIV. Building materials production
XV. Glass and porcelain-faience production
Xvi. Manufacture of artificial and synthetic fibers
XVII. Pulp and paper production
Xviii. Production of medicines, medical and biological products and materials
XIX. Health care institutions
XX. Printing production
XXI. Transport
XXII. Work with radioactive substances, sources of ionizing radiation, beryllium and rare earth elements
XXIII. General professions
XXIV. Nuclear energy and industry
10100000 I. Mining operations
10,100,000 Extraction of minerals. Geological exploration work. Construction, reconstruction, technical re-equipment and overhaul of mines, mines, mines, subways, underground canals, tunnels and other underground structures
10101000 1. Underground work in mines, mines and mines for the extraction of minerals; in geological exploration; in drainage shafts; on the construction of mines, mines, mines
1010100a a) All full-time underground workers
1010100b b) Managers and specialists of underground sites
1010100c c) Managers of mines, mine administrations on the rights of mines, mines and mines
