Special work experience: definition and types of professional experience

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.

Special type of experience

It is impossible not to pay attention to such a concept as special work experience. It takes place in Russia. It is not used in official documents. However, when assigning a pension, this type of duration of work is still used.

The definition of “special work experience” indicates that this term characterizes the period of work in a specific industry, in some position established by the state. The list of possible works is strictly limited. Therefore, not all citizens have special work experience.

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.

Calculation of special insurance experience: how it is determined

When calculating the duration of the special insurance period, the following periods of labor activity will be taken into account:

• creative work carried out in the state. institutions;
• work in state or municipal medical centers;
• teaching activities on children's profiles in municipal and state institutions;
• work as a geologist, topographer, etc. as part of various expeditions during research;
• work as a truck driver during mining (in quarries, open-pit mines, mines, mines, etc.);
• carrying out work in the subway or on railway tracks;
• in difficult conditions under the influence of certain factors (high temperatures, pressure, radiation, loud sound, vibration, etc.).

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.

Who is awarded special experience?

And who has the right to it? As already mentioned, only limited activities fall under the characteristic of special. Therefore, not everyone has similar work experience. It doesn't come up that often in practice.

Today, special work experience will be accrued to the following citizens:

• people working in special working conditions (including those with disability of 1 or 2 groups received due to carrying out a particular activity);
• workers in hot shops;
• those involved in underground work;
• people who have benefits due to length of service (members of the armed forces, teachers, doctors, and so on).

No one else is eligible for this type of work experience. It is not difficult to guess that most often in practice we meet pensioners with length of service.

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.

Special work experience

Special length of service, in contrast to special insurance length of service, is the total duration of a certain activity related mainly to various types of public service.

Thus, it is necessary to assign pensions for length of service to military personnel and equivalent categories of employees, astronauts, test pilots, and federal civil servants. The length of special work experience is taken into account when assigning the title of veteran of military and public service.

To the greatest extent, the role of special work experience is manifested in pension provision. Associated with this type of length of service is a separate independent type of pension - a pension for length of service, which is assigned to military personnel who served under a contract, law enforcement officers, federal civil servants, citizens among cosmonauts, and flight test personnel. The special length of service required to assign the specified pension (with the exception of state civil servants) is called length of service.

For federal civil servants, the special insurance period is called “state civil service experience” (see paragraph 1 of this chapter). The period of service (work) in positions of the federal state civil service and other positions determined by the President of the Russian Federation is included in the length of service in the state civil service for the purpose of assigning a long-service pension. The procedure for accounting for these periods is established by the Government of the Russian Federation.

Regarding the concept of such a type of special work experience as length of service, it should be noted that it is associated not only with public service, but also with the performance of certain types of work. In particular, the right to a long-service pension for citizens among cosmonauts and flight test personnel is associated with a certain length of service.

Since long service pensions are assigned to all military personnel and law enforcement officers, for each of these categories of employees (depending on the type of service, departmental affiliation, and specifics of public service), the Government of the Russian Federation approves provisions defining the periods included in length of service.

In some cases, the presence of special work experience makes it possible to determine the rights of citizens to other types of social security. One of them is housing subsidies for citizens leaving the Far North and similar areas. To provide a housing subsidy and determine its size, work experience in the specified areas and localities is required. In contrast to the special insurance period, taking into account which an early old-age pension is assigned in connection with long-term work in the Far North and equivalent areas, when providing a housing subsidy, the fundamental thing is not the payment of insurance contributions to the Pension Fund of the Russian Federation, but namely the duration of work in northern territories. In this regard, the required length of service can be classified as a type of special work experience, especially since it can take into account periods not included in the insurance period. In particular, to provide housing subsidies, not only the duration of work in specified areas and localities can be taken into account, but also, in certain cases, the duration of residence there.

Special length of service includes length of service, taking into account which the titles “Veteran of Military Service” and “Veteran of Civil Service” are awarded. Thus, veterans of military service are military personnel awarded orders or medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia, provided that the total duration of military service is 20 years or more. To obtain the title of veteran of the civil service, it is also necessary to have work experience or length of service in government positions, work in which is counted towards the length of civil service.

Thus, special work experience is mainly associated with all three types of public service. On its basis, the right to pension provision for long service is determined. The length of special work experience affects the amount of this pension. In some cases, the right to certain other types of social security is associated with special work experience.

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.

What is included in special experience?

The duration is calculated as follows. The calculation takes into account the intervals of work performed during the day. Intervals are counted in calendar order. The time when the citizen received temporary disability benefits, annual and additional vacations is included.

Periods excluded:

• absenteeism due to the employee's fault;
• the employee has not passed the labor safety knowledge test;
• suspended from work due to health reasons;
• the employee did not undergo a mandatory medical examination;
• removal at the request of officials;
• simple.

The calculation rules were introduced by Decree of the Government of the Russian Federation No. 1015 of October 2, 2014: 30 work shifts are accepted per month, 12 months per year.

Calculation of special insurance experience: special positions and professions

There are no clear criteria by which one can say with certainty that a profession or position is “harmful”. However, the law prescribes focusing on the following indicators:

• the nature of the work performed;
• production conditions associated with exposure to harmful and life-threatening factors;
• service in the fire department;
• service in the penitentiary system;
• pedagogical activity;
• work in treatment institutions;
• performing work at an enterprise located in the Far North or similar areas.

Special experience and length of service

Pages: 1

CONTENT

Introduction

Chapter 1. The concept and meaning of seniority

1. The concept of work experience in the field of social security

2. The importance of length of service in the pension system

Chapter 2. The concept and meaning of special experience in social security law

1. Characteristics of special experience in social security law

2 Features of the use of special experience

Chapter 3. Characteristics of entities entitled to long-service pensions

1.Length of service and its characteristics

2. Brief description of entities entitled to long-service pensions.

3. The procedure for assigning and paying pensions for long service to military personnel

Conclusion

Bibliography

Introduction

Relevance of the thesis topic : Certain working conditions are of great importance when calculating pensions. Despite the reform of the social security system, they still create preconditions for the calculation of benefits. In particular, such preferences remained in the presence of special work experience.

According to the Constitution of the Russian Federation, our country has been proclaimed a social state, in which everyone is guaranteed the right to social and pension security.

One of the important issues of our state is pension reform, within the framework of which the country’s leadership is making a lot of efforts to create an effective system of decent provision for citizens. One of the obstacles to the implementation of the intentions of the country’s leadership at this stage is that the pension system is going through a transition period, coupled with the need to ensure pension coverage through colossal budget injections, since current pensioners cannot be fully provided for through insurance contributions. And in this situation, the issue of taking into account special work experience, which as a legal category is generally excluded from legislation, is especially acute.

However, during the transition period, the right to use special work experience has been retained, but the legal regulation of this issue is quite complex, since the rules of law regulating the procedure and grounds for applying special work experience are contained in a large number of regulations.

Therefore, the topic of considering the issues of legal regulation of special work experience and length of service is relevant.

The purpose of this thesis is to examine specialized experience and seniority in social security law.

The object of the thesis research is the legal regulation of special work experience and length of service.

The subject of the study is the concept and legal meaning of special length of service, length of service, the procedure for calculation and confirmation.

Based on the goal, the objectives of the study are:

First, analyze the concept and meaning of special length of service, length of service entitled to social security;

Secondly, study the procedure for calculating special length of service and length of service in social security law;

Thirdly, consider the procedure for confirming special experience in practice;

Fourthly, summarize the research done.

It should be noted that insufficient attention is paid to issues of special work experience in the legal literature. Therefore, this work consists of an analysis of regulations governing the application of special work experience, and educational literature on social security law was also studied.

The methodological basis of the study is a system of general and special methods of scientific knowledge, the choice of which is determined by the characteristics of the object, subject, purpose and objectives of the study

The methodological basis of the thesis is: the dialectical method, within which such general logical techniques as analysis, synthesis, comparison, and analogy were used. In addition, specially legal methods were used: systemic, comparative legal, legal statistics.

The scientific and theoretical basis for the research was the works of such scientists - lawyers in the field of labor law and social security law as: Gintsburg L.Ya., Dodonova V.N., Batygin K., Bratchikova N.V., Zakharova M.L. ., Tuchkova E. G., Platonova N. M., Gusova K.N. Platonova N.M., Nesterova G.F. and other authors researching the topics discussed in this work.

The empirical basis of the work consists of the Constitution of the Russian Federation, international legal acts, in particular conventions and recommendations of the International Labor Organization, acts of foreign countries, laws of the Russian Federation, as well as other legal acts and materials of judicial practice. Scientific novelty of the results obtained.

The structure of the thesis is determined by the specifics of the object of analysis and the logic of the study, which follows from the stated goal and the corresponding main tasks necessary to achieve the goal. The structural and logical diagram of the study looks like three chapters, which are combined with seven paragraphs, a conclusion and a biographical list. The first chapter, “The Concept and Meaning of Seniority,” will examine the concept of the term “seniority” and its meaning in social security law. , in the second chapter, “The Concept and Meaning of Special Experience in Social Security Law,” the procedure for calculating special experience will be considered. The third chapter, “Characteristics of subjects entitled to a long-service pension,” will be devoted to the characteristics of the term “length of service” and the definition of categories of citizens entitled to a long-service pension and the conditions for its appointment.

Chapter 1. The concept of seniority and its meaning

Classification and concept of work experience in the field of social security

The Constitution of the Russian Federation of December 12, 1993 at the legislative level establishes the right to freely dispose of one’s ability to work, the right to choose a profession and type of activity, as well as the right to social security upon reaching retirement age, in the event of disability, illness or loss of a breadwinner. However, in order to receive most of the listed types of social security, the presence of one fact of the occurrence of an event called social risk will not be enough. Quite often, one of the most important grounds for providing one or another type of social security is length of service.

Experience is the duration of any activity or other periods specified in the law, which are associated with certain legal consequences. In the concept of length of service, the time factor is of key importance. Experience is the total duration of: work activity; other socially useful activities; other periods specified in the law, which are associated with certain legal consequences provided for by the rules of social security law. In the scientific and educational literature, the following types of work experience are distinguished: labor experience, which is divided into general work experience and special work experience; insurance experience, also divided into general insurance experience and special insurance experience.

Work experience in the most general form is defined as “the time of an employee’s working activity,” his life at work. This definition does not fully disclose the legal content and intended purpose of the concept. Therefore, it is proposed to specify this definition by indicating additional characteristics that have legal characteristics. In this regard, it can be defined that length of service is understood as the total duration of labor activity (work, study) and other socially useful activities, both paid and unpaid, taken into account when determining the right of citizens to pension provision. In the law of social security it is possible to give such a general concept of length of service is a legal fact (time of work and other activities), with which the legislator associates the onset of legal consequences in the form of a labor pension, long-service pension, disability benefit, etc.

The definition of length of service is given in the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”. Work experience is the total duration of periods of work and other activities taken into account when determining the right to certain types of pensions under state pension provision, which are counted in the insurance period for receiving a pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”. Work experience, as a special measure of the magnitude of work activity, has both quantitative and qualitative characteristics. The quantitative characteristic of work experience is its duration, and the qualitative characteristic reflects the nature and conditions in which the work activity takes place (for example, the harmfulness or danger of work activity).

Work experience matters in many areas. It is taken into account when providing paid leave, occupying certain positions, etc. In legal regulation, it is of greatest importance in the field of social security.

The periods counted in the length of service are calculated according to their actual duration on a calendar basis, that is, from the day the work begins to the day it ends, including rest days, holidays and other non-working days. The law provided that any work in which the employee was subject to state social insurance and for which the employee himself paid insurance contributions in cases provided for by the legislation on state social insurance is included in the length of service. The length of service includes not only work activity, but also other periods provided for by law. For example, the time of detention, the time of serving a sentence in places of deprivation of liberty and the exile of citizens who were unjustifiably prosecuted and subsequently rehabilitated.

Work experience is one of the necessary facts in a complex legal structure that gives rise to the majority of pension legal relations (excluding legal relations for the provision of social pensions), legal relations for the provision of certain types of benefits, as well as social benefits.

Over time, in the theory of social security law, a more or less unified idea of ​​length of service has developed.

Currently, experience is usually understood as the total duration of periods of labor and (or) other socially useful activity (behavior), as well as other periods with which the rules of social security law associate certain consequences in relation to certain types of social security.

Currently, there are grounds for distinguishing three types of length of service in social security law: general labor, insurance and special.

Until January 1, 2007, social security law used another type of length of service - continuous work experience, which influenced the amount of temporary disability benefits. From January 1, 2007, the relevant norms lose legal force.

Not a single legal act provides a classification of types of length of service and the concept of each of them in a systematized form, but many of them identify and regulate various types of work experience, including:

insurance - in the field of pensions and the social insurance system, regulated by laws 400-FZ and 255-FZ, respectively.

general labor - this concept applies only to activities that the employee carried out before 2002, and is regulated to a limited extent by law 173-FZ.

special work experience in certain types of work or positions.

The latter type of length of service is regulated by many documents - from the Labor Code and federal laws regulating social security issues for workers in a particular field and various employees, to legal acts of various departments.

The above main types of work experience can be divided differently according to various criteria, but this issue is of greater theoretical significance. Almost every type of length of service has an impact on various areas of social and pension security.

Thus, the receipt of specific social benefits is influenced by the length of service in the social insurance system. For example, in accordance with Part 1 of Art. 7 of Law 255-FZ, in the event of temporary disability, the amount of payment will depend on the period of such experience (from 60% for less than 5 years of experience to 100% for 8 years).

It is necessary to make a reservation that over time, the total length of service will actually lose its significance due to the full implementation of compulsory social insurance mechanisms.

Experience in social security law can be viewed from two perspectives. On the one hand, from the point of view of the social security law system, seniority is a legal institution, i.e. a set of norms grouped according to certain criteria and designed to regulate the procedure and conditions for calculating and confirming periods of labor or other socially useful activity (behavior) to determine the right to specific types of social security and (or) their volume. The specificity of this institution, as already noted, is that it simultaneously relates to both the General Part (as an element of the institution of legal facts) and the Special Part (as a relatively independent institution of “cross-cutting” action) of social security law.

On the other hand, length of service is a legal fact, i.e., as a rule, one of the elements of a complex legal structure on the basis of which a social security legal relationship arises. As noted earlier, experience cannot be fully attributed to either facts—events or facts—actions, therefore it has a combined (objective-subjective) nature. However, one should not assume that experience is an indispensable element of every legal structure that generates social security legal relations. Experience matters only for certain types of legal relations arising within the framework of pensions and social insurance against temporary disability. In this sense, experience should be considered:

• as one of the grounds for the right to certain types of pensions (for example, for long-service pensions for contract military personnel);
• as one of the conditions for the right to certain types of pensions (for example, for early insurance (labor) old-age pensions);
• as a fact that determines the level (size) of security for insurance pensions for the period of transformation (conversion) of pension rights (Article 30 of the Law on Labor Pensions).

Currently, the institution of work experience is regulated by a whole range of regulations:

Firstly, international legal acts. So, if an international treaty of the Russian Federation establishes other rules for calculation and confirmation. For example, the insurance period for establishing labor pensions is subject to the rules of the international treaty of the Russian Federation. Among such international acts, one can, for example, highlight the Agreement on mutual offset in the total length of service and length of service in the bodies and institutions of the prosecutor's office in the member states of the Commonwealth of Independent States (Moscow, November 25, 1998).

Secondly, these are legislative acts.

— Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ. However, the Labor Code of the Russian Federation does not regulate either the procedure for calculating length of service, or even its definition. One of the few articles of the Labor Code of the Russian Federation devoted to the issue of length of service (Article 314) stipulates that the procedure for establishing and calculating the work experience necessary to receive guarantees and compensation is established by the Government of the Russian Federation in accordance with federal law. Thus, the Labor Code of the Russian Federation refers to other regulations, in particular the Law of the Russian Federation of February 19, 1993 N 4520-1 “On state guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas” (ed. dated October 16, 2017).

Among the special legislative acts regulating the procedure for calculating and confirming work experience, it is necessary to highlight:

— Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” Current version of Law 173-FZ of 06/04/2014 with amendments that came into force on 01/01/2017

— Federal Law of December 15, 2001 No. 166-FZ “On State Pension Security in the Russian Federation” (as amended on July 1, 2017)

— Federal Law of April 1, 1996 N 27-FZ “On individual (personified) accounting in the state pension insurance system.”

Note that the specifics of calculating the length of service of certain categories of workers are regulated by special norms. Thus, we can highlight: - Federal Law of May 30, 2001 No. 70-FZ “On Arbitration Assessors of Arbitration Courts of Subjects of the Russian Federation” (as amended on December 19, 2016);

Thirdly, these are by-laws: Government Decrees and dozens of acts of ministries and departments.

Based on this, we can come to the following conclusion: a whole complex of different level regulations is aimed at the legal regulation of work experience as an institution of social security. However, this is more a disadvantage than an advantage of this institution.

First of all, this disadvantage is manifested in the fact that the more acts

- the more contradictions they contain. In addition, a number of outdated regulatory documents are still in force.

Secondly, a large number of regulations cause problems when applying them in practice. This affects not only the work and activities of courts and justice workers, but, above all, citizens.

As a general survey of ordinary citizens showed, many do not know that the concept of “insurance period” is replaced by the concept of “work experience” and do not understand the procedure for calculating length of service. But this is directly related to their rights in social security.

The complexity, diversity and inconsistency of regulatory legal acts regulating work experience complicates law enforcement practice.

With the entry into force of Law No. 400-FZ, signed on December 28, 2013, special attention is paid to the concept of length of service for retirement

The main criteria for receiving support from the budget of the Pension Fund of Russia (PFR) include the presence of a certain period of official employment. Otherwise, the applicant will be denied payment. In addition, PFR specialists carefully study all entries in work books (LC). Some raise doubts in their minds, which means they are not included in the insurance period. The last unpleasant circumstance reduces the likelihood of receiving a decent salary. Law No. 400-FZ lists all the conditions under which the insured person has the right to claim benefits. These include: The very fact of insurance in the OPS system. It is proven by the presence of a personal number confirmed by a certificate (SNILS). Accumulation of a strictly established minimum period during one's working life. In 2021 it is equal to 8 years. Availability of a certain number of coefficients (points) on your personal account. For 2021 - 11.4. They arise: by converting contributions to the Pension Fund made for the worker by the employer into points; adding a strictly established amount for non-insurance events.

Before the new legislation was introduced, the minimum requirement for participation in work activities was five years. But since 2015, everything has changed. This parameter is gradually increasing. In 2024 it will reach its maximum value of 15 years.

However, simply working is not enough. The reform of the OPS was carried out on the following principle: each insured citizen receives content proportional to his contribution to the formation of the solidary budget of the Pension Fund.

Thus, work experience is a set of periods of labor activity with the following characteristics: officially; with the transfer of contributions to the Pension Fund budget by the employer for the worker. The last circumstance is decisive when taking into account points. If an enterprise does not make mandatory transfers to the Pension Fund, all workers lose the right to include periods of non-payment in insurance. To receive a disability pension, it is enough to have one day of productive activity, confirmed by making a contribution for the worker.

To assign insurance pension payments, you must have a minimum insurance period. In 2021, its value is 9 years and will increase annually by one year. If a citizen has insufficient or no experience at all, he may be assigned a social pension, but not earlier than 5 years after reaching retirement age.

The legislation of the Russian Federation is based on the principles of taking into account the contribution of each citizen to the development of society. This was taken into account when creating the list of non-insurance periods for which points are awarded. These include the following (with explanations): time of military service in the Armed Forces (a person prepares to defend the Motherland if necessary); 1.5 years of care for each of the children, including those adopted in infancy; period of sick leave; registration period with employment authorities; time to care for disabled persons (performing the social function of the state): a disabled child; an elderly person who has crossed the 80-year-old threshold; disabled person of group 1. To compensate for losses, some periods of forced absence from work are also converted into points. These include: the time spent in custody by persons to whom the measure was applied illegally; the time women live with their husbands - military personnel in areas where employment by profession is impossible, including abroad.

The calculation of length of service occurs in two stages. This is due to the reform of the pension system. The assessment is carried out according to the following rules: the length of service for the period of work before 01/01/2015 is calculated separately on the basis of the rules and benefits in force at that time; after the specified date, the terms of work activity are calculated in accordance with Law No. 400-FZ. When calculating length of service, the following rules apply: All terms included in the work book are calculated in calendar order. Proportionally, a full year is taken into account for citizens who worked: in seasonal positions; during navigation on water transport. The periods of work abroad for which contributions to the Pension Fund are made are taken into account. Periods of labor activity of workers of peasant (farm) farms, workers of the peoples of the North, Siberia and the Far East are included in the insurance period if contributions to the Pension Fund were paid. If insurance and non-insurance are the same, one of them is taken into account at the person’s choice. The periods taken into account are not taken into account: when assigning a pension for length of service; when calculating maintenance according to the laws of a foreign state.

When changing jobs, continuity of service is maintained under the following conditions: the break time does not exceed one month; upon dismissal of one's own free will, subsequent employment occurred within three weeks; a person resigns at his own request, having worked in the position for at least a year.

The main document before the reform of the LPS system was the work book (LC). This document was created once in a lifetime. It recorded all the terms of participation in the production process.

If a person has not worked or has not reached the required level of experience, then he will not be left without income. Under such conditions, a social pension is entitled. It differs from labor size. It's minimal. At the same time, the age threshold for assigning social benefits is somewhat different. Namely: 60th anniversary for women; 65th anniversary for men. Social benefits are a guarantee from the state. It is prescribed to all elderly people and disabled people who do not have periods of working activity. Its size is brought to the level of the subsistence level through a federal surcharge. The legislation stipulates benefits for people from small peoples of the Far North. They are assigned social benefits ten years earlier: from the 55th birthday for men; from the 50th anniversary of women.

Problems may arise for a person while studying records in the Labor Code. To prevent them, it is necessary to take the following actions: Go to an appointment with a Pension Fund specialist in advance and show him the TC. An experienced worker will point out records that will not pass the authenticity test (doubtful). To confirm them, archival certificates are needed. Order them in advance so that you don’t lose out on your payout amounts later. It may be necessary to restore certain terms of work through the court. This will also take time.

Let's summarize: the concept of work experience is not legally established, issues of work experience are regulated by various federal laws separately in relation to each of its types, there is no legislative classification of work experience, it can only be carried out theoretically, based on various laws regulating various types of work experience and related to it social and pension guarantees.

2. The importance of length of service in the pension system

The most important function of the state is to provide basic social guarantees to every citizen. One of the elements of the social protection system is the pension system.

The Pension Fund of the Russian Federation (PFR) is the largest organization for the provision of socially significant public services to citizens, founded in 1990 by Resolution of the Supreme Council of the RSFSR No. 442-1 “On the organization of the Pension Fund of the RSFSR.”

On December 15, 2001, two laws No. 166-FZ and No. 167-FZ were adopted, laying the foundation for a new pension insurance system. The text of the first document contains a fundamental concept for today - the pension coefficient.

The system of social guarantees for disabled citizens in Russia is built on the interaction of a specialized government body - the Pension Fund (PFR) with citizens. The essence of the distribution of responsibilities is as follows:

The Pension Fund of the Russian Federation carries out the following functions: registration of citizens and enterprises transferring contributions to the solidarity budget; funds management; payment of benefits to people legally entitled to them. The responsibilities of citizens include: expressing a voluntary desire to participate in the compulsory pension insurance system (OPS) by personal application; distribution of funds paid by the employer between the relevant funds: state and non-state or management companies. The employer is obliged to: transfer 22% of the workers' earnings monthly to the solidarity fund; provide assistance in registering employees in the OPS system.

Based on Law No. 27-FZ of 04/01/1996, the state body keeps records of future recipients of pension payments. Within its framework, each voluntary participant in the system receives: a certificate of insurance (SNILS); personal personal account, which takes into account the contribution to the formation of the budget - pension coefficients, the value of which depends on the length of participation in labor activity; the amount of wages received.

A personal number is assigned once and for life.

It gives the owner the right to: claim maintenance in the event of an insured situation; control the accumulation of coefficients; distribute contributions paid by the employer (22%) in the following ratio: 16% - to the insurance fund; or 10% for insurance savings, and 6% for the formation of a funded pension.

The legislation lays the foundations for the formation of various types of payments in insurance situations. They depend on: the type of work activity of the future recipient; choice of citizen; amount of accumulated points and length of service; future recipient's contribution. The principles of formation enable a person to participate in the following systems: mandatory (OPS); state; non-state. In turn, the OPS program includes the following types of support for disabled citizens: Insurance pensions are assigned upon the occurrence of one of the cases: old age (age limit for compulsory employment); disability (inability to take part in production activities due to health); loss of a breadwinner; Cumulative pension benefits are only available to people who have redirected part of their contributions to: a non-state pension fund; management company (MC). In addition, there are the following additional types of state support for persons of certain categories: pension from the state budget based on length of service; payments from non-state funds to which the citizen transferred additional contributions at his own request on the basis of an agreement.

The methodology for working with the population on pension issues is described in the relevant articles of legislative acts: insurance - in Art. 21 of Law No. 400-FZ of December 28, 2013; state - in Art. 24 (No. 166 of December 15, 2001); accumulative - art. 9 of Law No. 424-FZ of December 28, 2013. Applications are accepted by the authorities involved in the appointment. In particular, you can apply for an insurance pension in several ways: at an appointment with Pension Fund specialists; in the multifunctional center; by post; via an Internet connection: on the official website of the Pension Fund; in your personal account on the government services portal.

The application for accrual of benefits in 2021 is accompanied by papers and copies thereof confirming the corresponding right. In general, these include: citizen’s passport (of the Russian Federation or another state for foreigners); SNILS; work book (probably, the provision of this document will soon be canceled); military ID (if available); marriage certificate; certificate of income (for 2021, will not be required subsequently); documents confirming the preferential category, for example, a certificate of disability.

Studying the methodology for calculating future content shows an attentive person that his future well-being is built from the first days of his career. How much a particular citizen will receive in old age depends on participation in filling the Pension Fund budget now. In addition, based on the above formulas, the following are of paramount importance: earnings at the place of duty; number of years of work experience.

To summarize, we can say that the modern pension system in Russia has significant gaps and shortcomings; pension provision leaves much to be desired. With the active involvement of the state, as well as the workers and employers themselves, in solving this problem, the situation can be corrected.

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Answers to common questions about calculating special insurance experience

Question No. 1: How to prove the presence of special experience if there are no entries in the work book?

Answer: Confirmation of the right to record special insurance experience, in addition to the work book, are employment agreements, extracts from places of work, certificates, and salary accounts.

Question No. 2: I was engaged in entrepreneurial activity, without having a certificate of registration as an individual entrepreneur. I worked under difficult conditions, which could have given me the right to take into account special insurance experience. How can I prove that I have the right to accrue special payments? length of service?

Answer: You will need to present a document confirming the transfer of insurance payments to the Social Insurance Fund employee.