Retirement with Partial Service Due to Disability in 2021

How is a preferential pension calculated according to List No. 2 with incomplete work experience due to harmfulness?

Classification is based on chemical, microclimatic and bacteriological components. Such factors negatively affect the general health of the employee and provoke the occurrence of occupational diseases, which subsequently limit the ability to work.

The duration of a person’s work and the possibility of early retirement depend on these circumstances. Further from the article you will learn lists of specialties whose representatives can apply for a preferential pension according to List No. 2. We will also additionally consider List No. 1.

Early retirement in 2021

Important! Employees who have incomplete work experience in difficult/special conditions do not lose the right to preferential leave. For persons from the first list of “severity”, if half of the harmful work experience has been completed, the rule of reducing the retirement age for each year of work in special conditions begins to apply. Those. For each year worked, you are given the right to retire 12 months earlier. For persons from list No. 2, the same conditions apply, but 1 year of early exit is possible for 2/2.5 hours worked, subject to half of the harmful work experience.

After the adoption of the law concerning pensioners, many citizens had a huge number of questions. The main one concerns the retirement age. This issue is especially important for a number of categories of beneficiaries who have the right to earlier retirement. They are very interested in whether there will be early retirement in 2021, whether benefits based on length of service will remain, and which citizens will retain the right to rest under the same conditions.

Partial military service pension

- having a total work experience of 25 or more calendar years (of which at least 12.5 years of military service and (or) service in other structures provided for by law): for a total work experience of 25 years - 50% of the amount of monetary compensation for each year of service over 25 years + 1% of these amounts.

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Note. The right applies to those who served in the Armed Forces of the Russian Federation and other formations, bodies and structures provided for by law in the Russian Federation, the CIS, the former USSR (including those living in states - former republics of the USSR, the legislation of which does not provide for their military pension provision). Those who have served in military service in other states but live in the Russian Federation have the same right (if international agreements of the Russian Federation provide for their pension provision in the territory of their state of residence).

Preferential retirement pension in 2021: list of professions and length of service

• workers performing operations related to crushing, grinding, grinding of non-metallic minerals with 2 or more percent silicon dioxide in the dust that is formed during the work;
• plastic welders who perform work operations with fluoroplastic in a hot state;
• liquidators of the consequences of the accident at the Chernobyl nuclear power plant, task forces to reduce radiation levels;
• employees of healthcare institutions who constantly and directly work with substances whose activity is more than 0.1 mK (millicurie), for example, radium 226 or equivalent - another chemically active component with similar radiotoxicity and causing exposure of workers - letter from the Ministry of Labor of the Russian Federation dated 10.20.1992 N 2010-RB;
• doctors and laboratory technicians working with X-ray and angiography equipment;
• employees carrying out transportation, performing loading and unloading operations, in warehouses, storage facilities for radioactive substances;
• line workers producing rare earth elements using chemical synthesis;
• line employees and technical personnel servicing cellulose production equipment, equipment designed for the regeneration of sulfurous acid and liquors.

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After the creation of the commission, the company’s management issues an order on letterhead to conduct an assessment, which includes personal information, the position of the chairman and members of the commission, relevant orders in the form of a standardized list, the name of the company, the full name of the head of the organization and his signature. Based on the order, a work schedule is formed, which displays the serial number of the document, the name of the activity, and the deadline for its completion. Then the order with the schedule is posted on the information stand.

Preferential disability pension in 2021

Early retirement pension in 2021 is provided for citizens who work in difficult, harmful, difficult and dangerous conditions. The full list of professions and positions is indicated in Lists 1 and 2, approved back in 1991 by Resolution of the Cabinet of Ministers of the USSR No. 10. These include:

In 2021, the disability pension will be awarded to workers whose profession involves dangerous and harmful working conditions. The list of such professions is approved in the relevant regulatory documents. The calculation of payments is regulated by the Law “On Insurance Pensions” No. 400-FZ of 2013. The conditions for the employee’s departure and the calculation of pension payments are clearly stated here. The new draft pension reform does not provide for adjustments to these circumstances, so the right to receive early payments remains unchanged for workers.

Pension for hazardous working conditions

On June 16, 2021, the government represented by Dmitry Medvedev launched a new reform of raising the retirement age from January 1, 2019. It is planned to gradually increase the retirement age for men to 65 years , for women to 63 years .

Thus, the retirement age will be increased by 5 years for men and 8 years for women. They plan to increase it smoothly and step by step. Increase step 1 year every other year. The transitional stage will take 10 years for men and 16 years for women. The reform starts on January 1, 2019 .

Men born in 1959 will be the first to experience the increase in retirement; they will have to retire in 2021 at the age of 61. Next, born in 1960 at the age of 62 in 2022. Women born in 1964 will have to work one year more and retire at 56 in 2021.

Further, born in 1965 at the age of 57 in 2022. For more detailed information, please refer to the table for increasing the retirement age under the new reform:

Raising the retirement age from January 1, 2021 will not affect citizens who work in hazardous and hazardous industries:

1. Miners who work underground and in the mountains. This includes professions in coal mining and miners.
2. Workers of prisons and pre-trial detention centers.
3. Transport drivers who transport people on regular routes.
4. Civil aviation pilots.
5. Marine employees.
6. Forwarders of geological and prospecting teams.
7. Women who work with the textile industry.
8. Cargo ship drivers who work in the mining industry.

All these categories will not increase their retirement age under the new reform from January 1, 2021

Attention! If you have any questions, you can consult with a lawyer for free by phone throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem right now. It's fast and convenient!

What is a pension “for harmfulness”

Citizens of the Russian Federation who daily risk their health and even their lives, working in enterprises with dangerous working conditions, have the right to early retirement with appropriate payments.

According to statistics, more than 40% of industries in the country are hazardous.

A pension provided for harmfulness is preferential cash payments intended for people who have worked for a certain time in production with harmful, dangerous or difficult working conditions.

What are harmful working conditions ? According to regulatory documents, working conditions are all derivatives of the labor process in which a person rotates, and which affects his health and his ability to work.

Harmful conditions are accompanied by great severity, danger, increased injury and factors that can lead to chronic diseases, partial or complete loss of ability to work, and even death.

Such factors include dust, gas contamination and high air humidity, increased background radiation, lack of natural light, increased noise levels, work with moving machines and mechanisms, and with harmful chemical or bacteriological substances.

Despite the well-known consequences of working at hazardous sites, for many people they are quite tempting, since there are social benefits, long vacations, subsidies and bonuses, and, of course, the opportunity to retire before the general retirement age. It was the prospect of receiving an early pension due to harmfulness that forced people to take such risky work.

Lists of those persons who are entitled to early insurance pension

Source: https://pensia-expert.ru/trudovye-pensii/pensiya-v-2015-godu/pensiya-za-vrednye-usloviya-truda/

Preferential disability pension from 2021 latest news

The assurances of representatives of the Pension Fund that the right to preferential treatment of well-deserved rest for categories of workers who are entitled to it is preserved does not stand up to criticism. After all, the age limit for beneficiaries will be shifted in direct proportion to the general increase in the retirement age for all categories of workers.

The online service of the official website of the Russian Pension Fund has the ability to submit all documents for registration of a pension in electronic form. To do this, you first need to register on the website, log into your account and complete all documents electronically.

Disability pension from 2021, latest news

In order to implement Article 30 of Law No. 400 dated December 28, 2013, the Government of the Russian Federation adopted Resolution No. 665 dated July 16, 2014 (hereinafter referred to as Resolution No. 665). Paragraph 1 of this resolution defines the types of work and production, professions and positions that are used in determining the length of service for the corresponding types of work for early retirement.

A man aged 54 years has 4 years of work on List No. 1 and 9 years on List No. 2, as well as 26 years of total insurance experience. In accordance with the law, there is no right to retire in old age according to List No. 1. If you have “clean” experience according to List No. 2 (9 years), the right to a pension arises at 57 years of age. When adding the periods of work in List No. 2 to the periods of work in List No. 1, the result is a preferential length of service equal to 13 years, which gives the right to retire at 55 years in accordance with paragraph 2 of part 1 of Law 400-FZ.

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Algorithm for dismissal due to health reasons

The procedure for terminating an individual contract in the event of a general illness is clearly regulated and is based solely on an analysis of the health status and physical capabilities of the employee, and not on mutual claims of the parties.

To terminate a relationship, a step-by-step procedure is provided for refusal to transfer to a position that has no contraindications in accordance with Article 73 of the Labor Code of the Russian Federation, including:

1. The employee undergoes a medical examination and provides the results of the conclusion of the MSEC or a specialized commission. The establishment of disability or an indication of professional incompetence must be recorded.
2. Removal from position followed by:
   dismissal if it is impossible to continue any activity based on a medical opinion;
3. offering a list of vacancies that meet health conditions.

1. Refusal of alternative. It is important to have written confirmation of the vacancy and the applicant’s non-acceptance, after which:
   The employee retains his job for 4 months without accrual of salary;
2. the pregnant woman retains not only her job, but also payment of average earnings for the entire period;
3. A managerial specialist, including directors, first deputies and chief accountants, does not retain a position and is dismissed immediately.

1. Time to recover. If, according to medical forecasts, the rehabilitation period is envisaged for a period exceeding 4 months, then the employee is dismissed immediately. This is true both in the absence of alternative vacancies, and in case of refusal of the proposed options, including demotion and reduction in cash payments.
2. Application for dismissal due to health reasons. The document is accompanied by medical reports confirming the impossibility of continuing the relationship. Who should I write a statement to? Even in case of refusal of the provided vacancies, a sickness statement with reference to a medical examination is written in the name of the first person of the employer.
3. Issuance of an order. Regardless of the preamble, the sample order must contain a reference to the relevant “medical” articles of the Labor Code, since the absence exempts the enterprise from additional compensation payments.

Failure to comply with the algorithm and unauthorized performance of the functions of a medical institution by the employer personally in terms of recognizing the employee’s professional incompetence for health reasons leads to losses in lawsuits. Download

Sample order of dismissal for health reasons (31.0 KiB, 131 hits)

Judicial practice knows cases where failure to fulfill official duties was punishable by dismissal for medical reasons without providing the employee with the right to an explanatory note. The courts recognized such measures as illegal, and the actions of employers as exceeding their official authority.

Preferential pension due to harmfulness

For Russian citizens working in difficult and hazardous working conditions, in underground work or in hot shops (the so-called list No. 1, list No. 2 and “small lists” of hazardous professions in the Russian Federation), the legislation provides for the possibility of early retirement if they have a specified amount of special length of service The retirement age for these categories of workers is established according to a special grid, depending on the type of work activity performed , as well as on the number of years of accumulated “harmful” experience .

1. Reach the retirement age established for a specific category of professions.
2. Work for the required number of years in hazardous production - i.e. have the required quantity:
   special work experience in harmful (difficult) working conditions;
3. general insurance experience.
4. Have the required number of generated pension coefficients (IPC).

How does dismissal for health reasons occur under the Labor Code of the Russian Federation?

Last modified: March 2019

Can they be fired due to unnecessary reasons? – the question that arises among working citizens has a positive answer only with official medical confirmation and compliance with certain regulations, since the employer’s view of dismissal for health reasons can differ significantly from the view of labor law.

The resulting diseases, leading to consequences in the form of long-term, turning into permanent inability to perform work duties, are a sentence that turns a previously in-demand employee into a “waste material” that has become a burden.

Existing tables of preferential length of service for retirement based on harmfulness

In the legislation of the Russian Federation, this type of support for disabled persons is prescribed as an old-age insurance pension . It is prescribed to women over 55 years of age and men over 65 years of age. However, persons who worked on hazardous or heavy objects are entitled to receive benefits ahead of schedule.

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After a citizen of the Russian Federation has reached a certain age, he has the right to count on state support due to loss of ability to work . To assign it, you need to have the required amount of insurance experience and individual pension coefficient (IPC) points.

When you become a military pensioner, don’t forget about your civilian pension

• The applicant is 60 years old. Before this age, a second (insurance) pension cannot be assigned to military personnel under any circumstances.
• Availability of the required work experience. Starting from 2014, the length of service required to receive an insurance pension increases annually by 1 year, starting from five years. Accordingly, if in 2014 five years of experience were required, then in 2015 - six years, in 2019 - seven years, in 2021 - eight years and according to the same principle until 2024, after which an increase in experience (more than fifteen years) no longer provided.
• From the beginning of 2015, it is mandatory to have an individual pension coefficient of at least 6.6, with a further increase every year by 2.4 to a maximum value of 30. Thus, in 2019 this coefficient will be at least 9.00, in 2021 - 11 ,4 and so on. The IPC is calculated as the ratio of a pensioner’s pension capital (experience and salary + insurance contributions) to the price of one pension point, which is set by the Government annually. In 2015 it was 64 rubles 10 kopecks, in 2021 it was 74 rubles. 27 kopecks, in 2019 - 78 rubles. 58 kopecks

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After the day of registration, or for all categories since the beginning of 2002 - only according to personalized accounting information, that is, according to information from your individual personal accounts to which insurance contributions are transferred by employers. This work, for which wages were calculated and taxes were transferred, relates to insurance periods.

Preferential disability pension in 2021

The total work experience is understood as a total of both experience in a hazardous profession and experience in other professions. Only in this case will a man be able to retire at 50, 10 years earlier than everyone else. Nobody takes away his right to further work, but along with his salary, he is entitled to preferential pension payments.

Attention! Citizens employed in a profession from the first list and fully meeting the criteria can receive a preferential pension, regardless of their total length of service. This will be the disability pension. The remaining length of service is taken into account to calculate the old-age pension. In fact, two amounts will arrive.

Dismissal due to unsuitability for health reasons

If the work is harmful or dangerous, and also contains other certain factors that impose health restrictions on the employees performing it, a deterioration in the employee’s health may be grounds for dismissal. So, if an employee receives a medical certificate confirming his unfitness for work, the employer’s procedure in this case will be as follows:

• The employer is obliged to offer the employee to transfer to another position in the enterprise.
• If the period during which the employee has medical contraindications to work is less than four months, if the transfer is refused, or if there are no positions at the enterprise, the employee should be suspended from work without pay. Dismissal in this case is prohibited by labor legislation.
• If the employee must be transferred for a period of more than 4 months, or permanently - due to a long-term change in health status or the impossibility of treatment, then in case of refusal to transfer to another position or in the absence of positions suitable for him in terms of health and qualifications at the enterprise , he may be fired by the employer.
• It should be noted that professional incompetence for health reasons must be confirmed by a medical report. Moreover, such a conclusion can either be voluntarily provided by the employee to the employer, or be requested by the employer if local regulations or legislation require the employee to undergo a periodic medical examination or an extraordinary medical examination.

Various categories of employees may be dismissed due to incompetence for health reasons. This dismissal is not considered to be carried out at the initiative of the employer, therefore the restrictions in force by law on the dismissal of certain categories of workers in this case do not apply. However, it will still not be possible to get rid of a pregnant employee in this way - the employer does not have the right to fire her, even if her situation does not allow her to carry out work activities.

The employer should confirm the fact that the employee is familiar with the positions available at the enterprise and record his refusal to be hired for these positions if a dismissal procedure is being carried out due to unsuitability due to health conditions. Otherwise, the employer will not have factual evidence in the event of a possible challenge to the dismissal procedure by the employee.

Disability pension

Work in these industries is accompanied by hazardous working conditions , which is associated with special danger, increased severity, the presence of injuries and other factors (gas pollution, background radiation, noise level, lighting, etc.), which can lead to occupational diseases, complete or partial loss ability to work.

The procedure for conducting a special assessment of working conditions (SOUT) is legislated by Law of December 28, 2013 No. 426-FZ “On the special assessment of working conditions.” The assessment is carried out by the employer together with the specialized organization involved. The commission created to carry out the assessment should directly involve specialists from the department or occupational safety service.

Work experience for retirement in 2021

The government initiated changes in the issue of calculating pensions back in 2015. According to the current system, in order to receive an insurance pension, a citizen must have a certain number of years for which he officially held a position, as well as a certain number of pension points.

The last time news about this was published was in October 2021. According to reports from several publications, the government widely discussed an additional increase in the minimum length of service, but these discussions were closed, so the media could only learn about it from people who were directly involved in them.

08 Feb 2021 juristsib 1686

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Possible consequences of dismissal due to unsuitability for an employee

Dismissal due to professional incompetence is an extremely unpleasant occurrence for an employee, at least if the professional incompetence is not due to medical reasons. Due to the fact that a notice of dismissal is entered in the work book with a description of the full wording, the fact of failure to fulfill job duties or violation of discipline can become an extremely negative aspect in matters of subsequent employment, significantly spoiling the labor and career path of the employee himself.

However, in practice, you can get rid of this wording in the work book in several ways:

• Resign of your own free will. Many employers themselves offer their employees, if disagreements arise, to write a letter of resignation of their own free will. However, in this case, the employee almost completely loses the opportunity to subsequently challenge the dismissal and protect his rights in court.
• Dismissal by agreement of the parties. In this case, the employer can enter into an agreement with the employee. This entry in the work book, on the contrary, indicates the employee’s contact and is not negative. Moreover, the agreement itself can establish almost any possible conditions for termination of the employment contract.
• Opening a new work book. Despite the fact that maintaining two work books is not a good practice, the law also does not prohibit employees from having several such documents.
• Challenging dismissal in court. The court may declare the dismissal illegal - however, in this case, the burden of proof falls directly on the parties to the labor relationship. By a court decision, an employee can achieve either reinstatement at work with payment of compensation, or simply change the wording of the entry in the work book.

Kunitsky Igor Sergeevich