Dismissal of a pensioner at the initiative of the employer
A working pensioner is not limited in any way in his rights compared to other categories of workers.
Age is not a reason for dismissal if there are no other claims against a person’s business qualities (Article 3 of the Labor Code of the Russian Federation). This means that the salary of a working pensioner must continue to be accrued in full in accordance with the employment contract. ATTENTION! Dismissal due to retirement against the will of an employee is discrimination against his or her labor rights. For forced dismissal due to retirement, the employer faces a fine.
Dismissal of a working pensioner, like any other company employee, is legally possible if:
- The company is being liquidated. Read more about this in the material “The procedure for dismissal due to liquidation.”
- The employer is downsizing. Read more here.
- The employee is not suitable for the position held.
- The owner of the organization changes (only the management team can be fired).
- The employee’s guilt has been proven (for example, for appearing at the workplace in a state of intoxication, etc. in accordance with paragraphs 5 and 6 of Article 81 of the Labor Code of the Russian Federation).
- The employee has lost the trust of the employer (for example, if his actions caused damage to the company).
How to dismiss an employee for all the above reasons, read the material “The procedure for dismissing an employee at the employer’s initiative.”
Recalculation of pension after dismissal
In 2021, certain adjustments were made to the specifics of pension calculation. To a greater extent, they affected the rules for indexing insurance payments. From 2021, only non-working citizens are entitled to an annual pension supplement.
Such changes are explained by the fact that employed persons are less exposed to inflation risks than the unemployed. Indexation of pensions is aimed at preventing depreciation of payments. Therefore, it is carried out in accordance with the current level of inflation.
In addition to insurance payments, they receive wages, so they do not need bonuses. After dismissal, the pensioner's payments should be increased, taking into account the previously carried out indexation.
To receive compensation and bonuses, you must submit a corresponding request to the Pension Fund. From the first day of the month following the day when the application was accepted, the size of the fixed pension will be recalculated.
This period is given to Pension Fund employees to process the information received and review payments.
It should be taken into account that the amount of the premium depends on a number of factors, these include the following:
- amount of deductions;
- the value of the individual pension coefficient, which secures the pension rights of a citizen;
- percentage increase over the past years;
- duration of work after reaching retirement age.
Recalculation example
The employer notified the Pension Fund of the Russian Federation about this within the prescribed period by submitting the required package of documents. Taking into account the indexation for 2021 (7.05%), the amount of payment to Sidorov P.P. will increase by 846 rubles (12000x7.05%).
Thus, notifying the Pension Fund of the Russian Federation about the dismissal of a pensioner is the responsibility of the employer. Management prepares the necessary reports, creates a package of documents for the former employee and submits them to the Pension Fund office.
After reviewing the information received by this organization, the citizen’s pension should be increased taking into account indexation.
But citizens often complain that 3, 4, 5 months after they stop working, payments remain at the same level. This may be due to the negligence of the employer who did not transmit the necessary information to the Pension Fund. There are also situations where documents are lost by employees of the Pension Fund.
Regardless of the reason, the pensioner should personally contact the Pension Fund of the Russian Federation with a package of papers and submit an application for recalculation of payments again. The request can be submitted in any form or on a standard form, which is available for download on the official website of the Pension Fund.
Dismissal of a pensioner by agreement of the parties
In the case where the employer is interested in dismissing a pensioner, but he does not want to leave, a compromise is possible in the form of dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
The employee and employer must determine terms that are acceptable to both parties. Before issuing an order, we recommend that you sign a bilateral agreement, which states that the parties have reached mutual agreement, and also indicates the date of the upcoming dismissal and other conditions.
For a sample agreement to terminate an employment contract, see here.
Whether payments upon termination of an employment contract by agreement of the parties need to be subject to personal income tax and contributions, you will learn from the publication “Dismissal by agreement of the parties: personal income tax, contributions . ”
MILITARY PENSIONERS FOR RUSSIA AND ITS ARMED FORCES
The employer does not transmit information about the dismissal of a pensioner immediately, but only for the next month. The Pension Fund of Russia needs a month to decide on indexation and the amount of payments, and only after that pension payments will be transferred. It takes three months from leaving a job to receiving a pension.
Many working pensioners are interested in the question of whether they need to visit the Pension Fund after leaving work to notify them that they are no longer working. It is up to the employer to inform the Pension Fund about the dismissal of a pensioner from work, reports www.piterburger.ru. It is he who must inform the date from which the pensioner no longer works.
This is interesting: Public Services To Remove Seller's Deposit From Apartment After Full Payment
Dismissal of a pensioner at his own request
At his own request, a retired employee can leave work at any time. To do this, he just needs to write a statement indicating the date on which he intends to terminate the employment relationship.
The rule of advance (2 weeks) warning to a pensioner does not apply if the basis for dismissal is retirement (Part 3 of Article 80 of the Labor Code of the Russian Federation). That is, the employee must be fired on the date specified in his resignation letter.
For a sample of an employee’s application in connection with retirement, see ConsultantPlus. If you do not have access to the K+ system, get a trial online access for free.
Dismissal due to retirement is formalized by order. An entry is made in the work book: “Dismissed at his own request due to retirement, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”
In the SZV-TD form, in the “Reason for dismissal” column, also record the entry “Due to retirement”
How to write an application correctly?
To inform the Pension Fund of the Russian Federation about the termination of employment, the pensioner needs to prepare a notification application. There are no strict requirements for its preparation.
But there is a standard form that can be used when drawing up an application. It is enshrined in the second appendix to the Administrative Regulations for the provision of public services by the Pension Fund for the establishment of insurance pensions, approved by Resolution of the Board of the Pension Fund No. 16p dated January 23, 2021.
The form is filled out in this order:
- the top line indicates the name of the territorial body of the Pension Fund at the place of registration;
- the first part provides personal information about the pensioner: his last name, first name and patronymic, citizenship, gender, insurance account number, contact telephone number, passport details. The name of the Pension Fund branch that calculates pension payments is also noted;
- the second section is completed if the application is submitted by the citizen’s legal representative. Information about the authorized person is entered here. The details of the power of attorney are specified separately;
- the third part provides the grounds for recalculating the pension and indicates the type of payments;
- in the fourth paragraph of the application, a note is made that the citizen does not work. The presence of disabled family members is also indicated;
- the fifth section provides information about when and what changes the pensioner is obliged to notify the Pension Fund of the Russian Federation;
- The sixth paragraph shows a table with two columns. It lists the documents attached to the notification-application. The first column contains the serial number, and the second – the name of the paper;
- the seventh part indicates the email address for sending notification to the Pension Fund of the decision. This item is not required to be filled out;
- in the eighth section, the citizen needs to confirm the accuracy of the information provided, put the date of the application and a personal signature with a transcript.
READ Returning goods to the supplier: what documents to fill out in 2021
It is also not prohibited to draw up a document in any form. In this case, you must adhere to the standard structure and rules for writing an application.
It is necessary to indicate personal data, reasons for revising the pension, and a list of additional attached papers. The date of termination of employment must be set.
All documents attached to the notification application are also listed.
Is it possible for a pensioner to be re-dismissed at his own request without working out?
Often, after retiring for a well-deserved rest, pensioners get a job again and, terminating the employment relationship once again, again indicate the reason in the application: “In connection with retirement.” In this case, regardless of what is written in the application, dismissal occurs on general grounds. If the grounds for dismissal are indicated incorrectly in the application, you must ask the employee to rewrite it. If the dismissed person refuses to do this, the manager, affixing the visa on the application, must write: “I don’t mind dismissing on general grounds with 2 weeks of work.”
If a working pensioner leaves without working, and the employer fires him for absenteeism, the court will most likely take the company’s side (appeal ruling of the Moscow City Court dated July 26, 2017 in case No. 33-29119/2017).
ConsultantPlus experts explained in detail how to prepare documents when dismissing a worker due to retirement. To do everything correctly, get trial access to the system and go to the Ready solution. It's free.
A working pensioner quit his job: will his pension increase, is it necessary to make a recalculation to the Pension Fund of the Russian Federation
All others cannot qualify for indexing. It happens, but in accordance with other regulations. In this case, the size is determined by the relevant laws. There are also several regional payments for citizens who are not included in the specified list. Their size is determined by the financial capabilities of the budget of a particular region.
- Not including all employees in the list. Because of this, those who were forgotten to include do not receive pension points for the specified period. Since all information is often copied by accounting employees from the previous report, there is a high level of risk that when filling out the next one, this person will not be entered into the database again.
- Not including retirees who continue to work in the report. As a result, Pension Fund employees will index the pension. If the employee later appears on the list again, corrective entries will be made and the indexation will be cancelled. Moreover, the employer or pensioner will be forced to return the money that was paid in excess of the norm, as this is considered illegal enrichment.
This is interesting: Where in Kursk to apply for a benefit for paying for waste
Is it possible to withdraw an application if dismissal due to retirement has already taken place?
After writing a statement, the employee voluntarily retired. The organization issued an order and fired him from the date specified in the application. After some time, the person changed his mind and wrote a new application, this time about recalling the previous one.
In this situation, the employer has the right to refuse the pensioner, since the employment relationship with the employee has already been terminated. You can only withdraw your own resignation letter within a 2-week notice period. In this case, the employee, as a pensioner, resigned immediately, without warning.
Read more about withdrawing your resignation letter at your own request here.
You can find out how to return over-withheld tax to a fired pensioner by reading the article “Art. 231 Tax Code of the Russian Federation: questions and answers" .
Do I need to report to the Pension Fund if a pensioner quits his job?
According to the relevant regulatory framework of Russia, annual payments are designed to protect the income of pensioners from depreciation and in size must correspond to the level of growth in consumer prices (that is, inflation itself).
Now the employer has been assigned to do this directly. The latter reports every month to the Pension Fund about all persons working for him. Consequently, the employees of this organization now already know what the status of each individual pensioner is.
This is interesting: State duty for compensation of material damage
