A preferential pension for harmfulness is assigned to employees with difficult working conditions that lead to the risk of loss of health at work. It involves lowering the retirement age and benefits that compensate for the harmful effects of working conditions.
A preferential pension is awarded to employees whose production activities involve difficult working conditions, increased danger and the risk of loss of health or life. The definition of “unhealthy pension” is in no way connected with the often fair personal characteristics of the pensioner, but is associated only with the conditions of his production activities.
This kind of production activity, confirmed by certification acts of the employee and his workplace, involves a reduction in the retirement age and some benefits that compensate for the harmful effects of working conditions.
These benefits consist of increased wages, free medical and preventive meals for workers and their sanatorium-resort treatment, regular medical examinations, increased vacation duration, shortened working hours, etc. They are ensured by increased payments of insurance premiums by the owners of enterprises with hazardous industries.
About 40% of Russian enterprises are classified as hazardous. And although working at these enterprises often involves risks to health and life, many applicants strive for such work in order to retire earlier and receive the listed benefits.
Work at the following enterprises is potentially hazardous:
The listed types of work are associated with harmful physical effects of an aggressive environment or other difficult working conditions on the worker’s body.
Depending on the danger, severity and intensity of production, the following categories of workers in these hazardous industries are distinguished:
Legislative acts on preferential pensions were adopted back in 1991 on the basis of previously existing disparate acts and laws. Subsequently, and up to the present time, the provisions of these laws and acts have been clarified, supplemented, and adjusted, but their basis has changed slightly.
In the mentioned legislative documents, both lists of works (both No. 1 and No. 2) are classified as “particularly harmful and particularly difficult.” The differences between them consist in different permissible levels of controlled limiting factors that determine the danger of a particular production (temperature, humidity, dose rate, noise level, vibration, etc.). Sometimes work on lists No. 1 and No. 2 is distinguished on a professional basis based on certification of production and employees’ jobs.
Current legislative documents prescribe reducing the retirement age to 50 years with 10 years of work experience on List No. 1 and 20 years of total experience for men and to 45 years with 7.5 years of work experience on List No. 1 and 15 years of total experience for women.
For men working on list No. 2 for at least 12.5 years, the retirement age is reduced to 55 years with a total length of service of 25 years. For women working under list No. 2 for at least 10 years, the retirement age is reduced to 50 years with a total work experience of 20 years. For retirement according to list No. 2 for both men and women, it is possible to sum up the length of service in lists No. 1 and No. 2. This procedure is used when the length of service only on list No. 2 is insufficient to apply for a pension based on harmfulness, i.e. it is less than 12.5 years for men and 10 years for women. Of course, this requires real work experience and according to list No. 1.
To apply for a pension according to list No. 1, the procedure for supplementing the missing length of service in list No. 1 at the expense of the existing list No. 2 is not applied, since the work of list No. 2 is less harsh and dangerous. In this case, the employee can only honestly and patiently accumulate the work experience required for retirement according to list No. 1.
The law provides for a partial reduction of the retirement age in case of incomplete work experience according to lists No. 1 and No. 2. To do this, the following technique is used:
Separately, it should be noted a number of professions or categories of workers whose retirement age is not fixed, but is determined only by “harmful” work experience. Regardless of age, a pension is assigned to the following employees: those employed in underground and open-pit mining - 25 and 20 years (depending on specialization), on naval vessels - 25 years, in civil aviation flight personnel - 25 years (if leaving flight work due to health – 20 years), for teaching activities – 25 years, for medical activities – 25 years (in rural areas) and 30 years (in cities).
The size of the preferential pension for hazardous work is determined by the size of the pension for similar professions in ordinary “clean” production, taking into account the increased insurance payments of the employer, who is obliged to do this, based on the current legislation for workers employed in hazardous industries. In this case, the degree of danger of production and the category of the worker according to the classification given by a special certification commission are taken into account.
The registration of a disability pension is carried out by the Pension Fund of Russia at the request of the employee. In addition to the application, you need a passport and military ID (for those liable for military service), a work book, an insurance certificate, as well as a certificate from the company confirming “harmful” work experience. You can read about the legislative framework justifying the appointment, as well as the procedure for applying for a preferential pension on the website of the Pension Fund of Russia - PFR.
The majority of our compatriots work in unsafe conditions. In this regard, they often think about the possibility of reducing their service life. This allows you to enjoy your free time with a clear conscience. Let's consider how this right can be implemented in practice and what is the list of professions eligible for early retirement.
We are talking about insufficiently good working conditions or achieving a special status.
Such lists containing a set of professions were developed back in Soviet times. Since then, two fundamental lists have remained.
Pension legislation has managed to provide for an early age for certain categories of citizens. These include:
Employees working in hazardous conditions and having certain statuses and positions are also granted the same right.
In practice, the list “1” and “2” of preferential professions for early retirement is used. They are different in their structure and general features.
All professions included in this list are united by one feature: such industries necessarily have dangerous and harmful working conditions. These are mining professions, production activities related to the production and processing of metals, and the field of transport services. Citizens can receive a pension only if the following conditions are met:
This list includes representatives of positions associated with difficult working conditions. These are mining workers, those involved in the production of refractory elements, people working in the field of communications and railways. As with the first list, there are special requirements for women and men:
Both lists include “general professions”; work in them does not need to be confirmed using certificates and other documentation. To do this, an entry in the Work Book is sufficient, which confirms the total length of service. There are positions for which length of employment requires special confirmation through certificates. If these documents are missing, the employee may be denied an early withdrawal plan. Therefore, every working citizen undertakes to take care of his own rights in advance and do it independently.
Now let’s look at both lists of professions that can qualify for early retirement in more detail.
It was approved within the framework of a special Resolution and includes several professions. It includes such areas of activity as:
This is the basic first list of preferential professions for retirement.
In these cases, citizens can easily be entitled to an early retirement pension; list “2” contains an extensive list of professions. All this information is valid at the present time. That is, absolutely any person who has found his position or workplace in the above lists can easily go to the Pension Fund in order to obtain special preferential conditions and ensure early retirement.
Later, additional professions were added to the above lists. Specialists in these areas are involved in the following industries:
It would be useful to know that the procedure for using these lists has special regulations and a clear resolution within the framework of Art. No. 665. 13 Federal Law 400.
Each enterprise in which people work is obliged to carry out detailed assessment activities related to checking the dangers of working conditions. It is also important to analyze the degree of harmfulness of certain working conditions. These provisions are reflected within the framework of federal legislative act 426, in Art. 14. The law became effective in 2013. It is on the basis of this assessment that the employer will pay contributions to the Pension Fund. The higher the occupational hazard, the larger the amount you will have to pay.
If a detailed analysis is not available (and sometimes this measure is not necessary), each employer can make contributions on general terms. That is, the employer acts according to a list that involves paying a percentage (1-9% for list 1 and 2-6% for list 2) of the salary level. If these payments are not made by the employer for any reason, this will expose him to administrative liability and the courts.
When assigning preferential conditions for receiving a pension, it is important to take into account a large number of factors, which include the general parameter of length of service, the degree of harmfulness of the work, the IPC, and gender. After all, the standard age for men and women differs, and accordingly, there will be a difference in pension payment schemes. Practice shows that women live longer than men, which is why legislation includes projects related to age equalization. But at present they are not valid, which is why it turns out that female workers retire earlier than male workers.
If a person works in the Far North, then he can qualify for early retirement benefits. To do this, it is important to meet several conditions:
There are also several other parameters that determine at what age you can retire. It is important to take them into account so that retirement according to list “2” of harm or according to the first list is carried out in a timely manner.
For citizens belonging to small nationalities, not exceeding 50,000 people in number, who have not had time to complete the required length of service, advance pension provision is expected.
The fact that a person belongs to a certain nation must strictly have official confirmation. To do this, you must provide a certificate from the indigenous people, as well as a photocopy of your passport and birth certificate.
According to the current law, on the basis of Art. 32, every citizen who finds himself unemployed due to staff reductions or liquidation activities of a company can claim early retirement benefits, especially if he is unable to find a new job related to his specialty. The conditions are as follows:
The list of positions for teaching staff on preferential pensions deserves special attention. These are the following categories of employees:
Thus, there are quite a lot of professions that require early receipt of pension benefits. The lion's share of them is associated with heavy physical labor in unfavorable conditions, but their list is increasingly being replenished with mental types of specialties. Every employee must know their rights and capabilities in order to avoid misunderstandings and deceptions. Compliance with certain conditions also plays an important role, allowing you to get a well-deserved rest ahead of time.
40% of citizens risk their own health every day by working in difficult working conditions. For this category of citizens, the authorities have developed preferential pension system. Thus, “for harmfulness,” workers receive pension payments at the ages of 50 and 55 years (women and men, respectively). But how should you apply for this pension? Let's look at our material.
Persons who work in hazardous industries have the right apply for early retirement on the basis of Article 27 of Federal Law-173 of December 17, 2001. At the same time, the period for receiving pension payments for harmful activities largely depends on the position held.
Let's highlight vacancies, on the basis of which citizens have the right to apply for early retirement:
Besides, vacancies are divided by level of harmfulness. There are 4 levels, namely:
To make it easier for Pension Fund employees to calculate the amount of pension contributions, all employees were divided into two lists.
List No. 1 identifies professions that are associated with a high degree of danger. Such citizens have the right receive a pension at age 50. But at the same time, the total length of experience must be at least 20 years, and dangerous experience - 10 years (for women, experience is 15 years, harmful - 7.5).
The second list shows professions that have more favorable working conditions. The male part of the population from this list can receive pension payments at 55 years of age (25 years of experience, 12.5 years of service), and the female part - at 50 years of age (10 years of service).
When calculating length of service, the following periods are taken into account:
In order to receive pension payments for "harmfulness", a potential pensioner must provide the following list of documentation to the Pension Fund:
Payments are scheduled from the next month after a positive decision is made.
Pension payments can be arranged in advance, but actual contributions will be made upon reaching the appropriate retirement age!
In case of refusal, Pension Fund employees must explain in writing the reason for the decision.
In accordance with current legislation, employees who worked in hazardous work do not receive additional bonuses.
Previously, pensioners could demand recalculation based on outdated legislation, but the amount of the final the increase was 30% of the total amount of pension payments. The number of persons who were engaged in “harmful” activities was more than a million people. Consequently, it has become unprofitable for the state to establish an increase for employees working in hazardous industries.
As mentioned above, citizens holding vacancies in hazardous industries cannot apply for recalculation and bonuses. The amount of pension contributions is formed on the basis of length of service, place of work, and also on the basis of the number of pension points.
However, the recalculation must be made by employers at the time of the employee’s labor activity. Thus, the category of harmfulness should be reflected in the number of contributions made to the Pension Fund.
The average amount of contributions should be 25–30% of the employee’s salary. Based on Federal Law 426, the amount of additional payments to the Pension Fund of the Russian Federation depends on the class of the enterprise in which the work is carried out.
Currently there are 4 classes, namely:
Most employers seek to save on employees when paying tax contributions. And employees working in hazardous industries are no exception. Therefore, every employee should carefully monitor the following points:
How to protect your rights if you work in difficult conditions, watch this video.
In conclusion, it is worth recalling that hazardous working conditions negatively affect the health of any person, therefore every citizen should be aware of the rights when working in hazardous work, which are recorded in this material.
The common phrase “harmful length of service” today in the field of pensions is usually understood as the period of time when a person retiring worked in industries that are harmful and hazardous to health. Despite the fact that the concept seems to be quite simple, citizens have many questions about which professions are included in the “harmful experience” and how to calculate it correctly.
Harmful work experience is taken into account by pension fund employees to determine the amount of monthly pension payments, bonuses and benefits for pensioners, and also allows a person working in harmful and dangerous industries to retire early.
Statistics show that more than 40 percent of Russian residents work in harmful and dangerous industries, performing work that threatens not only loss of health, but in some cases even life.
In Russia, this type of experience is regulated by the following legislative acts:
Males have the right to early retirement and additional payments if they have worked in those industries indicated in the first list for 10 years or more, and their total work experience is at least 20 years.
Female persons who have worked in industries included in the first list can retire early if they have worked for 7.5 years, and a total of 15 years. In addition, it is worth noting that early retirement due to harmful work experience is permitted for males no earlier than 50 years of age, and for females no earlier than 45 years of age.
Female persons can retire early if they have worked in an industry included in the second list for 10 years, and their total experience is at least 20 years. In addition, the age of a woman who decides to take early retirement must be at least 50 years old.
The first list was compiled and approved back in 1991 by a resolution of the USSR Cabinet of Ministers; over time, types of activities were added to it, it was changed and supplemented. Today, there are two lists that people working in pension funds rely on when determining the amount of pension accruals and the possibility of early retirement.
IN list No. 1 lists all types of activities that are associated with particularly harmful and difficult working conditions. It lists those types of activities that are carried out in workshops (“hot”), underground, etc., which can seriously threaten not only the health of the person working in them, but also lead to his death.
IN list No. 2 a list of jobs and professions is listed, most of which, although they do not pose a danger to human health, also deserve retirement earlier than others.
Both lists contain types of activities with hazardous working conditions, which are carried out in such areas as:
To the second list includes people engaged in activities such as:
Employers must also draw up lists listing the jobs and workers employed in them that will be subject to harmful work experience. These documents are submitted to local pension funds every 5 years.
Before submitting such lists, the employer must conduct a special assessment of working conditions (special assessment of working conditions) at the production, company, institution or organization, conducted by a third-party organization.
In order to reduce the time required for assigning such pensions, the Pension Fund of Russia bodies begin to check in advance the documents of those people who are going to retire and create a model of the pension file.
A detailed answer to an exciting question can be obtained by reading in detail Art. 121 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 516 of July 11, 2002.
Having studied the above legislative acts, we can come to the conclusion that the insurance period, which gives the right to early retirement, includes periods such as temporary inability to work while receiving state social security benefits.
This length of service does not include periods of unpaid leave (administrative or “at your own expense”), or educational leave. It also does not include the probationary period, downtime (due to the fault of the employer or the fault of the employee), the time during which the employee was not allowed to work due to such circumstances as:
Harmful work experience allows a person who has worked a certain number of years in a hazardous or hazardous industry to retire early and receive benefits. But when applying for such professions, a person must soberly assess the situation and calculate his resources, since working in hazardous industries can seriously undermine one’s health.