V.G. Belyakin, deputy Head of the Department of Pension Issues of the Department for the Development of Social Insurance and State Security of the Ministry of Health and Social Development of Russia

Early labor old-age pension for work with difficult, harmful and dangerous working conditions is assigned in accordance with Lists No. 1 and No. 2 of industries, works, professions, positions and indicators that give the right to preferential pension coverage. The lists are compiled according to production characteristics; each section and subsection corresponds to a specific production or specific type of work. Therefore, the right to this pension is determined depending on what production or work a particular employee was employed in. It does not matter which organization or division of the organization the employee is on staff. The determining factor in establishing the right to early assignment of an old-age labor pension is the fact that the employee is employed in production or performing certain jobs provided for in the Lists.

An employee may be on the staff of the laboratory, but perform work on testing at stations and stands of various types of ammunition (List No. 2, section XI “Production of explosives, initiating substances, gunpowders and equipment of ammunition”) or work with VHF, UV sources Ch- , microwave radiation , not related to scientific research (List No. 2, section XXXIII “General professions”). In both cases, the employee is not deprived of the right to early pension provision if he is constantly employed full-time in the specified work, since by the nature of the work performed he is considered a production worker.

The rules for applying Lists No. 1 and No. 2 are contained in the clarification of the Ministry of Labor of Russia dated May 22, 1996 No. 5. Thus, in accordance with paragraph 4 of this clarification, workers of laboratories of enterprises, organizations and institutions (hereinafter referred to as organizations), including scientific- research, design, and development laboratories enjoy the right to early assignment of an old-age labor pension in the event that these laboratories are expressly provided for in the relevant sections and subsections of the Lists.

Laboratory workers are directly included in List No. 1 (sections XIII “Production of electronic equipment and equipment”, XVI “Production of artificial and synthetic fibers”) and in List No. 2 (sections X “Chemical production”, XXIII “Production of medicines, medical and biological drugs and materials").

Laboratories can be organized both directly in the workshops of production organizations (shop laboratories), the activities of which are determined specifically by the production of these workshops, and in the form of structural divisions of the organization as a whole, serving all workshops and other divisions of the organization. In the second case, they are called central factory laboratories (CPL).

Laboratories also operate as part of research, design and development organizations. The functions of these laboratories are characterized by research activities.

Laboratories can be independent, that is, not be part of the structure of organizations. These are the so-called central research laboratories (CNRL).

The right of laboratory workers to early retirement benefits in accordance with the Lists depends on the status of the laboratories, determined by their functional activities. As noted above, the right to early assignment of an old-age labor pension in accordance with the Lists is established depending on what production or work a particular employee was employed in. This also applies to laboratory workers.

The right of laboratory workers to receive an early retirement pension is determined by the extent to which they are involved in the production process.

So, for example, in chemical production (List No. 2, section X) there are laboratories of workshops and production facilities, whose workers are directly employed in the industries listed in List No. 1. This section indicates workers engaged in monitoring the air environment in production workshops of chemical and petrochemical from industries. To carry out these works, a special laboratory (air laboratory) can be created as part of an organization or workshop, whose employees have the right to early retirement benefits according to List No. 2, regardless of what chemical production they serve. These may be proceedings provided for both in List No. 1 (Section VIII) and in List No. 2 (Section X).

In the same manner, the issue of early pension provision for employees (workers and specialists) of chemical workshops is being considered.laboratories of enterprises producing artificial and synthetic fibers. They are assigned an early retirement pension in accordance with List No. 1 (Section XVI).

It should be borne in mind that the heads of such laboratories do not have the right to early assignment of an old-age pension.

Laboratory assistants of all types of enterprises producing medicines, medical and biological preparations and materials, including workshop laboratories, employed in the industries listed in List No. 1 (Section XVIII) and List No. 2 (Section XXIII), early retirement pension in old age appointed according to List No. 2 (section XXIII). Laboratory assistants employed in both production workshops and workshop laboratories are entitled to this pension.

The issue of early pension provision for chemical analysis laboratory assistants at pulp and paper organizations engaged in the production of pulp, paper and cardboard is being resolved in a similar manner. The right to early retirement (List No. 2, section XXI “Pulp and paper woodworking production”) is available to both chemical analysis laboratory assistants in production shops and chemical laboratories engaged in the production of synthetic adhesive resins.

It should be noted that the issue of early pension provision for employees of central plant laboratories is being considered ambiguously. This is due to the fact that, by their status, these laboratories are not assigned to any specific production. Their functions include: control of raw materials entering the organization; control of the organization's finished products; research works. Employees of such laboratories do not enjoy the right to early retirement benefits, except in cases arising from the law.

Thus, in Section II “Ore preparation, beneficiation, agglomeration (agglomeration, briquetting, pelletizing), roasting of ores and non-metallic minerals” (subsection 1, item 2030100a-17541) of List No. 2, workers of assay and assay-analytical laboratories engaged in the use of cyanide are provided for , and in section VIII “Metallurgical production (non-ferrous metals)” (subsection 21, item 2092500a-17541) - assay, analytical, spectral, research, control and measurement and other laboratories. The functions of these laboratories include: chemical (qualitative and quantitative) analysis of ores and other intermediate products and products for the content of precious metals, physical (spectral) analysis, control and other research methods. These works can also be carried out by central workers.

Thus, CZL employees who carry out the above work to service the productions listed in these sections can enjoy the right to early pension provision.

At the same time, in some organizations, shop laboratories (provided for in the Lists) in connection with the reorganization are transferred to the Central Laboratories, but without changing the functions of the shop laboratory. In this case, they retain the right to early assignment of an old-age pension, which they had as workers in workshop laboratories.

Some sections and subsections of the Lists provide for laboratory assistants who are entitled to early retirement benefits as employees of this production.

Section XIII “Production of electronic equipment and radio equipment” of List No. 2, along with other professions and positions, provides for laboratory assistants employed in areas of work using mercury in the manufacture of instruments and products and in areas and work using lead oxides.

These laboratory assistants acquire the right to early assignment of an old-age pension, regardless of whether they are on the staff of a workshop (production) or a workshop laboratory.

Some sections and subsections of the Lists indicate work that can be performed in the relevant laboratories. Thus, in sections XXII and XXXIII “General Professions”, respectively, Lists No. 1 and No. 2 provide for workers who directly perform work with microorganisms. When working with microorganisms of the 1st hazard group, against which no effective means of prevention and treatment have been developed, an early retirement pension in old age is assigned according to List No. 1. Working with microorganisms of the 2nd hazard group gives the right to early pension provision according to List No. 2.

Sanitary rules for the safety of working with microorganisms (SP 1.2. 01194), approved. The State Sanitary and Epidemiological Supervision of Russia permits work with microorganisms of the 1st and 2nd hazard groups (pathogenicity) in the laboratories of enterprises, organizations and institutions (including research ones) that have the conditions for compliance with safety requirements and the appropriate permit to work with such biological material.

In connection with this, the right to early pension provision under sections of Lists No. 1 and No. 2 “General Professions” can be used by workers working with microorganisms of the 1st and 2nd hazard groups (pathogenicity) in laboratories of enterprises, organizations and institutions, including . including scientific research.

Judge Lukinskaya N.N.

CASSATION DETERMINATION

Judicial panel for civil cases of the Vologda Regional Court consisting of:

presiding King I.N.,

judges Okhapkina G.A., Belyakova V.N.,

under secretary K.I. Yarkina,

considered in open court a civil case on the cassation appeal of V.A. Skotnikova. on the decision of the Sokolsky District Court of January 26, 2011, which in the claim of Skotnikova V.A. to the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Sokol, Vologda Region, to declare the refusal to grant a pension illegal.

Having heard the report of the judge of the Vologda Regional Court G.A. Okhapkina, the explanations of V.A. Skotnikova, the judicial panel

installed:

by decision of the State Institution - Office of the Pension Fund of the Russian Federation in Sokol (hereinafter referred to as GU - Office of the Pension Fund of the Russian Federation in Sokol) No.... dated<ДАТА>Skotnikova V.A. the early assignment of an old-age labor pension was denied in accordance with subparagraph 2 of paragraph 1 “On labor pensions in the Russian Federation” due to the lack of necessary work experience in jobs with difficult working conditions.

The period of work of V.A. Skotnikova is not included in the special length of service. from April 6, 1995 to May 15, 2009 as a chemical analysis laboratory assistant at OJSC SC

Challenging the legality of the decision made, Skotnikova V.A. filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in Sokol. I asked to recognize the decision of the State Administration - Office of the Pension Fund of the Russian Federation in Sokol No.... dated<ДАТА>illegal and not giving rise to legal consequences from the date of adoption. Include in the special experience the period of work from April 6, 1995 to May 15, 2009 as a chemical analysis laboratory assistant at OJSC SC. To assign early retirement from March 23, 2010.

She motivated her demands by the fact that she worked as a laboratory assistant in the acid section of a pulp shop, whose workers have the right to early retirement pension as workers in the chemical industry. In accordance with the technological regulations, the acid section of the pulp shop of JSC SC is intended for the production of crude sulfite acid (sodium bisulfate solution). The starting raw material for obtaining the finished acid is, among other things, technical sulfur GOST 127.1 98%. According to List No. 2, the right to early assignment of a pension is enjoyed by employees of workshops and production laboratories directly employed in the industries listed in List No. 1 (with the exception of those engaged in performing graphical analysis).

At the court hearing Skotnikova V.A. supported the claims on the grounds set out in the statement of claim. She additionally explained that on April 6, 1995, she began working as a chemical analysis laboratory assistant, trained in cellulose and acid production, after which she worked mainly in the acid section. The working conditions were difficult, tests were done every hour, samples were taken from sewers and crude acid tanks. We worked with protective equipment: gas mask, soda respirators.

Representative Skotnikova V.A. – Gomzyakova N.V. clarified the basis of the claim, indicated that Skotnikova V.A. has the right to early assignment of an old-age retirement pension in accordance with subsection “B” of section VIII “Chemical production” of List No. 1. She additionally explained that the plaintiff worked in the acid section, which is a separate section of the pulp production. It follows from the technological regulations that this production relates to chemical production. A chemical analysis laboratory technician works full-time in the acid section; according to the job description, he is equal to workers involved in the technological process.

Representative of the State Institution - Office of the Pension Fund of the Russian Federation in Sokol, by proxy of S.P. Koltsov. did not admit the claims. In her objection she indicated that in Section XXI “Pulp, paper and woodworking production” of List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension on preferential terms, approved by the resolution The Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 presents an exhaustive list of professions enjoying the right to early assignment of an old-age labor pension, in which the position occupied by the plaintiff during the disputed period is not named. According to paragraph 4 of the Explanation of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 5 “On the procedure for applying the Lists of production, work, professions, positions and indicators giving the right to an old-age pension in connection with special working conditions,” employees of enterprise laboratories enjoy the right to a pension in connections with special working conditions only in cases where these laboratories are directly indicated in the Lists. From the work book of V.A. Skotnikova. it follows that she worked as a chemical analysis laboratory assistant.... JSC SC list of jobs, names of professions and positions whose employees enjoy the right to preferential pensions in connection with special working conditions in the State Institution - Office of the Pension Fund of the Russian Federation in Sokol by profession “chemical analysis laboratory assistant” is not represented. OJSC SC does not belong to a chemical industry enterprise, and therefore subsection “A” of the “Chemical Production” section of List No. 1 or List No. 2 cannot be applied in this case. In accordance with subsection “B,” chemical analysis laboratory assistants do not have the right to early retirement, since they are not involved in the technological process of producing chemical products.

The court made the above decision.

In the cassation appeal of Skotnikov V.A. raises the question of canceling the court decision due to an incorrect determination of the circumstances relevant to the case, pointing to the previous circumstances set out by her in the statement of claim.

In objections to the cassation appeal, the State Administration - Office of the Pension Fund of the Russian Federation in Sokol asks the court's decision to be left unchanged, in satisfaction of the cassation appeal of V.A. Skotnikova. refuse.

The panel of judges, having checked the legality and validity of the court decision, having discussed the arguments of the cassation appeal and the objections presented, believes that the decision was made in accordance with the actual circumstances of the case and the requirements of the current legislation.

In accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation,” an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law for persons and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 10 years and have an insurance record of at least 20 years.

Paragraph 2 of Article 27 of the said Federal Law establishes that the lists of relevant jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work and assigning said pension, if necessary, are approved by the Government Russian Federation.

In accordance with the Decree of the Government of the Russian Federation dated July 18, 2002 No. 537 “On the lists of production, work, professions and positions, taking into account which an old-age labor pension is assigned early in accordance with and on approval of the Rules for calculating periods of work giving the right to early appointment old-age labor pension in accordance with Article 27 of the federal law “on labor pensions in the Russian Federation”, it is established that in case of early assignment of old-age labor pension, lists of production, work, professions and positions (with additions and changes to them) approved by the Cabinet of Ministers are used USSR, the Council of Ministers of the RSFSR and the Government of the Russian Federation, including the early assignment of old-age labor pensions to workers engaged in work with difficult working conditions, - List No. 2 of industries, works, professions, positions and indicators with harmful and difficult working conditions, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 N 10.

According to the work book, in the period from April 6, 1995 to May 15, 2009 Skotnikova V.A. worked as a laboratory assistant for chemical analysis... JSC SC

According to paragraph 4 of the Explanation of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 5 “On the procedure for applying Lists of production, work, professions, positions and indicators that give the right to an old-age pension in connection with special working conditions,” employees of enterprise laboratories, as well as departments and laboratories of research, design and development organizations enjoy the right to a pension in connection with special working conditions only in cases where these laboratories and organizations are directly indicated in the Lists.

Subsection 2 “Production of pulp, paper and cardboard” of section XXI “Pulp, paper and woodworking production” of List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (according to old age) on preferential terms, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 “On approval of Lists of production, work, professions, positions and indicators giving the right to preferential pension provision”, the profession “chemical analysis laboratory assistants engaged in the production of synthetic adhesive resins."

Subsection “A” of Section X “Chemical Production” of List No. 2 provides for employees of laboratories of workshops and production facilities directly employed in the industries listed in List No. 1.

Subsection “B” indicates workers and foremen of enterprises in other sectors of industry and the national economy, employed full-time in the technological process of production of products: inorganic chemistry, fertilizers, polymers, plastics, rubbers, paint and varnish, phototechnical, household chemicals, organic synthesis, synthetic dyes, petrochemical, rubber and asbestos, chemical reagents, high-purity substances in individual workshops, departments, areas and installations in the presence of hazardous substances of hazard class 3 in the air of the working area. Workers and craftsmen engaged in the repair and maintenance of technological and electrical equipment in the listed industries.

Subsection “A” of Section VIII “Chemical Production” of List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and especially difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, approved by the Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 “On approval of Lists of production, work, professions, positions and indicators that give the right to preferential pension provision” provides for workers, managers and specialists of enterprises in the chemical and petrochemical industries , employed full time in the following industries and works: sulfur smelting, regardless of method, mineral and organic acids, their compounds, derivatives, including regeneration, denitration and concentration.

Subsection “B” of this section indicates workers and foremen of enterprises in other industries and the national economy who are employed full-time in the technological process of production of products: inorganic chemistry, fertilizers, polymers, plastics, rubbers, paints, household chemicals, organic synthesis, synthetic dyes, petrochemical, rubber and asbestos, chemical reagents, high-purity substances in individual workshops, departments, areas and installations in the presence of hazardous substances of hazard class 1 or 2, as well as carcinogens, in the air of the working area. Workers and craftsmen engaged in the repair and maintenance of technological equipment and electrical equipment in the listed industries.

Item 5 of the List of documents required to establish a labor pension and a pension for state pensions in accordance with the Federal Laws “On Labor Pensions in the Russian Federation” and “On State Pensions in the Russian Federation”, approved by the resolution of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation dated February 27, 2002 No. 16/19pa, stipulates the obligation of a citizen who has applied for an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law of December 17, 2001, to submit documents confirming the length of service in the relevant types of work.

By refusing to satisfy the stated requirements, Court of First Instance rightfully assumed that the position held by the plaintiff during the disputed period does not give the right to a preferential pension in accordance with subsection 2 “Pulp, paper and cardboard production” of section XXI “Pulp, paper and woodworking production” of List No. 2, since the position of “chemical laboratory assistant” analysis of pulp production" is not included in this subsection, documents confirming the implementation of Skotnikova V.A. work with particularly harmful and particularly difficult working conditions was not presented at the court hearing, witness testimony cannot be admissible evidence of special experience, and therefore made the correct conclusion about the legality of the decision of the State Administration - Office of the Pension Fund of the Russian Federation in Sokol No.... from<ДАТА>about the refusal of Skotnikova V.A. in the early assignment of an old-age labor pension.

Under such circumstances, the judicial panel finds the conclusions of the court of first instance regarding the refusal to satisfy the claims correct, since they are based on the circumstances established in the case and the requirements of the current legislation, which are cited and interpreted correctly in the court decision.

Guided by Article 361 of the Civil Procedure Code of the Russian Federation, the judicial panel

DEFINED:

the decision of the Sokolsky District Court of January 26, 2011 was left unchanged, the cassation appeal of V.A. Skotnikova. - without satisfaction.

Chairman: I.N. King

Judges: G.A. Okhapkina

About the appointment of a preferential pension

Case no.

Accepted Kuibyshevsky District Court (Novosibirsk Region)

1. Received in court on April 14, 2012
2. Solution
3. IN THE NAME OF THE RUSSIAN FEDERATION
4. April 25, 2012 Kuibyshev, NSO
5. Kuibyshevsky District Court of the Novosibirsk Region, consisting of:
6. presiding judge Silkina R.I.
7. under secretary V.A. Grigorieva
8. representative of the plaintiff Matskevich A.A.
9. representative of FKP "Anozit" Terentyev I.V.
10. representative of the defendant Mikushina O.V.
11. having considered in open court a civil case based on a claim
12. Alekseeva O.I. to the State Administration of the Pension Fund of the Russian Federation in the city of Kuibyshev and the Kuibyshevsky district of the Novosibirsk region on the appointment of a preferential pension,

13. Installed:

14. Alekseeva O.I. applied to the court for the appointment and payment of a preferential pension. In support of her claims, Alekseeva O.I. indicates that she worked at the Kuibyshev Chemical Plant (with DD.MM.YYYY - state enterprise "Anozit") with DD.MM.YYYY to DD.MM.YYYY in the central laboratory; from DD.MM.YYYY to DD.MM.YYYY as a chemical analysis laboratory assistant in the Centralized Technical Control Department. During the indicated periods, she performed the following work: from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY - chemical analysis laboratory assistant of the central laboratory for the maintenance of workshop 5; from DD.MM.YYYY to DD.MM.YYYY - laboratory assistant for chemical analysis of the central laboratory for the maintenance of workshop No. 10; from DD.MM.YYYY to DD.MM.YYYY - chemical analysis laboratory assistant of the Central Laboratory for Maintenance of Workshop No. 5; from DD.MM.YYYY to DD.MM.YYYY - chemical analysis laboratory assistant in the central maintenance laboratory of workshop No. 10; from DD.MM.YYYY to DD.MM.YYYY; from DD.MM.YYYY to DD.MM.YYYY; from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM. YYYY (from DD.MM.YYYY. to DD.MM.YYYY 10 working days were actually worked); from DD.MM.YYYY to DD.MM.YYYY - actually worked 13 working days - as a chemical analysis laboratory assistant at the central laboratory for the maintenance of workshop No. 5; from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY (24 working days actually worked);
15. from DD.MM.YYYY to DD.MM.YYYY, DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY (actually worked 39 working days) - chemical analysis laboratory assistant at the central laboratory;
16. from DD.MM.YYYY to the present time she works as a laboratory assistant for chemical analysis of the central heating department.
17. She has more than 15 years of insurance experience and has worked in jobs with hazardous working conditions for 3 years 9 months 12 days out of the required 7 years 6 months and, accordingly, a labor pension should be assigned to her with a decrease in age established by Article 7 of the Federal Law “On Labor Pensions in the Russian Federation” "for 3 years. DD.MM.YYYY she was 52 years old.
18. In accordance with the certificate of FKP "Anozit" No. dated DD.MM.YYYY, the work she performed gives the right to preferential pension benefits according to List No. 1, section VIII, code 1080A010, approved by the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991.
19. DD.MM.YYYY she applied to the Main Directorate of the UPF of the Russian Federation in the Kuibyshevsky district with an application for a preferential pension. By the decision of the Main Directorate of the UPF of the Russian Federation for the Kuybyshevsky district dated DD.MM.YYYY, she was denied an early retirement pension on the grounds that the submitted documents did not confirm the required length of work experience with special working conditions. At the same time, the Office of the Pension Fund of the Russian Federation believes that her special experience according to List No. 1 is 3 years 2 months 25 days.
20. The period of work as a chemical analysis laboratory assistant from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, which is 6 months 17 days in the opinion of the Pension Fund, it is subject to inclusion in special experience according to List No. 2.
21. She does not agree with this Decision, since she worked full time at the Kuibyshev Chemical Plant as a laboratory assistant for chemical analysis of the central processing department for the maintenance of workshop No. 6 and was constantly directly employed full time in laboratories with chemical special substances - ammonium perchlorate.
22. The absence of a Unified technological regulation for the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage in the production of ammonium perchlorate, and the presence of a separate technological regulation for the stage of obtaining sodium perchlorate is not a basis for excluding this production from the general technological chain for the production of ammonium perchlorate, since the process of obtaining perchlorate sodium is included in the general technological chain for the production of ammonium perchlorate and sodium perchlorate is produced for and only for subsequent processing into ammonium perchlorate. This circumstance is confirmed by an expert opinion<данные изъяты>from DD.MM.YYYY.
23. The fact that she was directly involved in laboratories with a special chemical substance - ammonium perchlorate, is confirmed by the design assignment for the production of ammonium perchlorate, which states that the projected production of ammonium perchlorate includes the following buildings: including building 201, in which she worked.
24. She asks to oblige the State Administration of the Pension Fund of the Russian Federation in the city of Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region to assign and pay her an early retirement pension in accordance with the Federal Law “On Labor Pensions in the Russian Federation” with DD.MM.YYYY. To recover from the defendant the costs of paying a lawyer for drawing up a statement of claim in the amount of 4,000 rubles.
25. At the court hearing Alekseeva O.I. and her representative lawyer Matskevich A.A. the claims were supported in full, in addition, in order to reimburse the costs of paying for the services of the representative, he asks to recover 15,000 rubles from the defendant.
26. Representative of the defendant Mikushina O.V. did not recognize the claims, pointing out that the laboratory assistants of the centralized technical control department and the central laboratory of Kuibyshev Chemical. plant serving the laboratory of building 201 for the production of sodium perchlorate, where O.I. Alekseeva works. are not engaged in work with a special substance - ammonium perchlorate, since they analyze and control the manufacturing process of the chemical substance - sodium perchlorate. The work of laboratory technicians with solutions and brines, in which ammonium perchlorate is present along with other chemicals, does not give the right to pension benefits according to List 1, since it is not ammonium perchlorate that is analyzed and controlled at the manufacturing stages, but sodium perchlorate, which is not a special substance . In building 201 of workshop No. 6 the production of sodium perchlorate is located, the technological process of which is carried out according to the approved technological regulations, and in building 202 of the same workshop there is a special production - the production of ammonium perchlorate, the technological process of which is carried out on the basis of the technological regulations for the production of ammonium perchlorate. There is no unified technological regulation for the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage in the production of ammonium perchlorate.
27. Due to the fact that Alekseeva O.I. has experience in the relevant types of work provided for in List No. 1. is absent, the Main Directorate of the Pension Fund of the Russian Federation was rightfully and justifiably refused to grant her a pension under the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001. No. 173 -FZ.
28. Representative of FKP "Anozit" Terentyev I.V. supported the plaintiff’s arguments, pointing out that Alekseeva O.I. Working as a laboratory assistant for the maintenance of workshop laboratories in workshop No. 6, where ammonium perchlorate is produced, she was busy working with the special substance ammonium perchlorate full-time. The production of ammonium perchlorate is multi-stage and technological regulations are developed for each stage. The process of producing ammonium perchlorate proceeds in a closed cycle. The quality of the raw materials entering housing 201 is determined by the technological regulations of the stage at which it is obtained. This solution is obtained in housing 202 by dissolving table salt in process condensate containing ammonium perchlorate. In addition, the laboratory assistant also monitors the process in building 211, which processes wastewater from buildings 202 and 304 containing ammonium perchlorate. Overall, this laboratory technician's workload for analyzing solutions containing ammonium perchlorate is 89.7% per shift.
29. In any chemical process according to List No. 1, a pure substance, the name of which is mentioned in the name of the production, appears only at the last stage. Schedule 1 does not limit the provision of benefits based on the content of the controlled substance. The above circumstances confirm the plaintiff’s right to receive an early old-age pension according to List No. 1, as employees engaged in the analysis of technological solutions with a special substance - ammonium perchlorate.
30. Having examined the case materials, having heard the parties, a representative of a third party, the court considers that the claim of Alekseeva O.I. justified and subject to satisfaction.
31. In accordance with Art. 27 clause 1 clause 1 Federal Law of the Russian Federation No. 173 dated December 17, 2001. “On old-age labor pensions”, a labor pension is assigned before reaching the age established by Art. 7 of this Federal Law, for women upon reaching the age of 45, if they have worked for 7 years 6 months. in jobs with hazardous working conditions and have a total work experience of at least 15 years.
32. If these persons have worked in the listed jobs for at least half of the period established above and have the required length of insurance service, a labor pension is assigned to them with a reduction in the age established by Article 7 of this Federal Law by one year for each full year of such work.
33. According to paragraph 2 of Art. 27 of the above Law Lists of relevant works, industries, professions, positions, specialties and institutions, taking into account which a labor pension is assigned, the rules for calculating periods of work, if necessary, are approved by the Government of the Russian Federation.
34. The calculation of periods of work giving the right to early assignment of a labor pension, not regulated by the specified grounds, is established by the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Art. 27.28 of Federal Law No. 173-FZ of December 17, 2001, approved by the Decree of the Government of the Russian Federation of July 11, 2002. No. 516, which came into force on July 23, 2002.
35. According to clauses 4.5 of the above Rules, the length of service that gives the right to early assignment of an old-age labor pension includes periods of work performed full-time, subject to payment of insurance contributions for these periods, annual and additional paid vacations, and periods of benefit payment on disability.
36. To determine the right to an old-age retirement pension according to paragraphs. 1 clause 1 art. 27 of Law No. 173 -FZ applies List No. 1 of productions, works, professions, positions and indicators that give the right to preferential pensions and long-service pensions, approved by the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991. No. 10.
37. As follows from the work book records of O.I. Alekseeva. (case sheets 7-8) and a certificate clarifying the special nature of the work and working conditions and confirming permanent employment in the work provided for in the Lists (case sheets 9-12), the required length of service of O.I. Alekseeva. had when she reached the age of 52 years.
38. According to List No. 1 of production, work, professions, positions and indicators in underground work, work with particularly harmful and especially difficult working conditions, employment in which gives the right to an old-age pension on preferential terms, Section VIII “Chemical Production” is listed employees of laboratories, departments and other departments working full time with chemical specialists. substances.
39. In the case on ld. 9-12 there is a certificate issued by FKP “Anozit”, from which it follows that Alekseeva O.I. from DD.MM.YYYY to DD.MM.YYYY; from DD.MM.YYYY to DD.MM.YYYY; from DD.MM.YYYY to DD.MM.YYYY she worked as a laboratory assistant for chemical analysis of the central technical department for servicing the laboratory of workshop No. 6, working full time with a special substance - ammonium perchlorate.
40. The fact that during controversial periods Alekseeva O.I. worked as a chemical laboratory assistant. analysis of the chemical analysis of the central technical department for servicing the laboratory of workshop No. 6, is confirmed by the entries in her work book (case sheets 7-8).
41. This circumstance was not disputed by the defendant's representative at the court hearing.
42. The arguments of the defendant's representative that the production of sodium perchlorate in building No. 201, where the plaintiff worked, is carried out according to a separate technological regulation, therefore it is not a stage in the production of ammonium perchlorate, for which a separate regulation is also provided, and therefore Alekseeva O.I. was engaged in the production of sodium perchlorate only; the work of laboratory technicians (whom Alekseeva O.I. was) with solutions and brines in which ammonium perchlorate is present along with other chemicals does not give the right to pension benefits according to List No. 1, since it is not perchlorate that is analyzed and controlled at the manufacturing stages ammonium, sodium perchlorate, which is not a special substance, the court finds untenable.
43. As can be seen from the design assignment, the production of ammonium perchlorate is multi-stage and technological regulations are developed for each stage; the designed production of ammonium perchlorate includes building 201 - electrolysis, as well as buildings 201,202,209,210, 211 and electrolysis is one of the stages of ammonium perchlorate production.
44. From expert opinions<данные изъяты>from DD.MM.YYYY, from DD.MM.YYYY, from DD.MM.YYYY it follows that
45. 1. The ammonium perchlorate process is continuous and consists of several stages, however, the presence of a general technological regulation that includes all stages is not mandatory. The process of obtaining sodium perchlorate is included in the general technological chain for the production of ammonium perchlorate, and sodium perchlorate is produced only for subsequent processing into ammonium perchlorate. Thus, the presence of a separate technological regulation for the stage of producing sodium perchlorate is not a basis for excluding this production from the general technological chain of the process of producing ammonium perchlorate.
46. 2. The production of ammonium perchlorate is carried out using closed zinc with the return of technological solutions from previous stages to the process. In particular, process condensate is used, obtained by evaporating solutions after removing the bulk of ammonium perchlorate. In such condensate, as per the regulations. So, according to analyzes presented by the State Reserves Committee "Anosite", it may contain up to 700 mg/l of ammonium perchlorate (calculated from the analysis for ammonium content).
47. The content of ammonium perchlorate in such a solution is determined by the amount of ammonium ion - an integral part of the perchlorate molecule, since in the presence of other cations (mainly sodium), the content of ammonium perchlorate cannot be determined in any other way. That is why ammonium perchlorate is not mentioned in the regulations for the electrolysis stage, although its presence there certainly corresponds to the content of ammonium ion (ammonia).
48. Restrictions on the state of ammonium perchlorate (dry product or solution), as well as its quantity during operation, are not limited by List No. 1. And only the fact of working with it as a special product is taken into account.
49. The court accepts these conclusions as admissible evidence in the case, since they provide an opinion on the working conditions of chemical analysis laboratory technicians for ammonium perchlorate production in general. Alekseeva O.I. worked in the same position and for the same period of time as Full Name1, Full Name2, Full Name3, Full Name4
50. In accordance with the conclusion of the state examination of working conditions, laboratory assistants of the Central Technology Center are engaged in the production process of ammonium perchlorate. Taking into account the production of workshop No. 6 (production of ammonium perchlorate), the plant workers, during the period from working as laboratory assistants for chemical analysis of the central technical control center to service workshop No. 6, were busy working with the special chemical substance - ammonium perchlorate.
51. The arguments of the defendant's representative that there is no uniform technological regulation for the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage in the production of ammonium perchlorate, at FKP "Anozit", are refuted by the permanent technological regulation for the production of ammonium perchlorate, approved by DD.MM.YYYY.
52. Explanations from the defendant's representative that the unified technological regulations for the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage in the production of ammonium perchlorate, were approved by DD.MM.YYYY, while Alekseeva O.I. worked during a period of time when these technological regulations were absent, and therefore she does not have the right to an early retirement pension, the court finds not convincing.
53. As follows from the inspection report of the List of jobs that give the right to early assignment of an old-age pension to employees of the Central Labor Enterprise FKP "Anozit", carried out by specialists of the State Administration of the Pension Fund of the Russian Federation in the city of Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region and FKP "Anozit", the technological process, The staffing schedule, job description of the laboratory assistant for chemical analysis of the central laboratory of the permanent technological regulations for the production of sodium perchlorate, valid until DD.MM.YYYY, and the permanent technological regulations for the production of ammonium perchlorate, approved by DD.MM.YYYY, completely coincide.
54. The totality of the evidence provided indicates that the production of ammonium perchlorate is multi-stage and for each stage its own technological regulations have been developed. The process of producing ammonium perchlorate proceeds in a closed cycle; at each stage, process condensate and return solutions with a sufficiently high content of perchlorate ions are used, condensate from housing 202 is returned to housing 201. In building 201 there is indeed an electrolysis department for the production of sodium perchlorate, but from cyclic technological solutions containing special. the substance is ammonium perchlorate, therefore laboratory assistants, such as Alekseeva O.I. When performing analyzes of technological solutions of this building, they work with specialists. substance - ammonium perchlorate.
55. In accordance with the clarifications of the Ministry of Labor and the Pension Fund of the Russian Federation, the issue of early pension provision for employees of the Kuibyshev Chemical Plant was considered taking into account the opinion of the Ministry of Labor of the Russian Federation. In accordance with current legislation, laboratories workers at the Kuibyshev Chemical Plant can enjoy the right to early assignment of old-age pensions according to List No. 1 (section 8), subject to documentary evidence of their full-time employment in work with chemical specialists. substances during their research, testing, quality control analysis and other work provided for them by the ETKS, as directly in the special. production and in laboratories.
56. Evidence that Alekseeva O.I. working as a chemical laboratory assistant. analysis of workshop No. 6, she was constantly busy working with chemical specialists full time. the substance ammonium perchlorate is confirmed by the case materials examined at the court hearing, namely:
57. - certificate No. dated DD.MM.YYYY, issued by FKP “Anozit”, from the content of which it follows that Alekseeva O.I. Working as a laboratory assistant for chemical analysis of the central technical department for servicing the laboratory of workshop No. 6, she was constantly, full-time, directly involved in working with a special chemical substance - ammonium perchlorate (case sheets 9-12).
58. The court has no reason not to trust this document. The certificate is signed by the proper persons and contains the necessary details.
59. - a certificate of employment with a special substance of laboratory assistants of the production laboratory of the Central Laboratory when performing chemical analyzes of solutions and intermediates containing a special substance - ammonium perchlorate, from which it follows that the percentage of employment of laboratory assistants to perform analyzes of solutions containing ammonium perchlorate is 89.7%. (case file 18).
60. At the court hearing, the defendant’s representative did not dispute the fact that laboratory assistant O.I. Alekseeva was employed full-time. work on the production of analyses, however, pointing out that Alekseeva O.I. carried out analyzes not with ammonium perchlorate, but with sodium perchlorate.
61. In confirmation of this, representatives of the State Administration of the UPF of the Russian Federation in the city of Kuibyshev and the Kuibyshevsky district refer to the act of verifying the fact of permanent employment of laboratories with special substances - ammonium perchlorate at the Federal State Unitary Enterprise "Kuibyshev Chemical Plant" dated DD.MM.YYYY., which states that The production of sodium perchlorate in building No. 201, where the plaintiff primarily works, is carried out according to a separate technological regulation, therefore it is not a stage in the production of ammonium perchlorate, for which a separate regulation is also provided.
62. However, in the case there is a protocol of disagreements regarding the inspection report, from which it follows that the chemical plant specialists did not agree with the indicated conclusions of the State Administration of the UPF of the Russian Federation for the Kuibyshevsky district (case file 17).
63. At the court hearing, the representative of FKP “Anozit” Terentyev I.V. pointed out that the production of ammonium perchlorate is multi-stage and for each stage its own technological regulations have been developed. The ammonium perchlorate process occurs in a closed cycle. In building 201 there is an electrolysis department for the production of sodium perchlorate, which will be constructed from cyclic technological solutions containing special. the substance is ammonium perchlorate, therefore laboratory assistants, performing technical tests. solutions of this body work with a special substance - ammonium perchlorate.
64. The statements of the representative of FKP “Anozit” are objectively confirmed by expert opinions<данные изъяты>from DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY.
65. Taking into account the foregoing, the court comes to the opinion that Alekseeva O.I. worked during controversial periods at the Kuibyshev Chemical Plant (FKP "Anozit") as a chemical laboratory assistant. analysis of the central technical department for servicing the laboratory of workshop No. 6, which relates to special production and was occupied full-time with a chemical specialist. substance – ammonium perchlorate.
66. The evidence presented refutes the statements of the defendant’s representatives that Alekseeva O.I. no evidence was provided confirming the fact of permanent employment in special jobs. substance ammonium perchlorate.
67. In accordance with the Resolution of the Constitutional Court of the Russian Federation dated June 3, 2004, ensuring the principle of equality, guaranteeing protection from all forms of discrimination in the exercise of rights and freedoms, means, among other things, a prohibition to introduce such differences in the pension rights of persons belonging to the same category who do not have an objective and reasonable justification.
68. As follows from the decision of the court of the Kuybyshevsky district of the NSO DD.MM.YYYY that entered into legal force, the demands of FULL NAME5, DD.MM.YYYY - FULL NAME6 for the appointment of an early retirement pension in old age, taking into account the time of her work as a chemical analysis laboratory assistant at the central technical department for servicing the laboratory of workshop No. 6 Kuibyshev chemical plant. As can be seen from the materials of the case of Alekseev O.I. worked in the same position as Full Name5 and Full Name6
69. In accordance with Art. 19 Federal Law No. 173, a labor pension is assigned from the date of application for the specified pension, but not earlier than from the date the right to the specified pension arises.
70. For the appointment of Alekseev O.I.’s pension. DD.MM.YYYY applied, since as of the specified date she had an insurance record of more than 15 years, she worked at work in hazardous working conditions for 3 years 9 months 12 days, and therefore the age established by the Federal Law “On Labor Pensions in the Russian Federation” should be reduced by 7 years , and with DD.MM.YYYY Alekseeva O.I. a preferential pension should be assigned.
71. In accordance with the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, upon its written request, the court awards the other party the costs of paying for the services of a representative within reasonable limits.
72. The plaintiff presented receipts for payment for the services of a representative in court in the amount of 15,000 rubles and for drawing up a statement of claim 4,000 rubles, the court believes that the defendant should be charged the costs of the services of a representative in the court hearing in the amount of 7,000 rubles. In this case, the court proceeds from the complexity of the case and the number of court hearings.
Oblige the State Administration of the Pension Fund of the Russian Federation in the city of Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region to assign Alekseeva O.I. an early retirement pension in old age with DD.MM.YYYY
73. To recover from the State Administration of the Pension Fund of the Russian Federation in the city of Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region in favor of Alekseeva O.I. reimbursement of costs for paying for the services of a representative of 7,000 rubles, drawing up a statement of claim 4,000 rubles, 200 rubles - return of the state duty.
74. The decision can be appealed to the Novosibirsk Regional Court through the Kuibyshevsky District Court within one month.
75. Clause (Signature) Judge
76. Copy is right. Judge: R.I. Silkina

23.09.2016

In accordance with Article 30 of the Federal Law of December 28, 2013 N 400-FZ (as amended on December 29, 2015) “On Insurance Pensions,” an old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension amount a coefficient of at least 30 for persons who have carried out medical and other activities to protect public health in health care institutions for at least 25 years in rural areas and urban-type settlements and for at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age.

According to subparagraph n paragraph 1 of the Decree of the Government of the Russian Federation of July 16, 2014 N 665, when early assignment of an old-age insurance pension to persons who carried out medical and other activities to protect public health in health care institutions, the following are used: a list of positions and institutions in which work is counted as length of service giving the right to early assignment of an old-age labor pension to persons who carried out medical and other activities to protect public health in health care institutions, in accordance with subparagraph 20 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation", approved by Government Decree Russian Federation dated October 29, 2002 N 781 “On lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, and on approval of the rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”.

In the List of positions and institutions, work in which is counted as work experience, giving the right to early assignment of an old-age pension to persons who carried out medical and other activities to protect public health in health care institutions, in accordance with subparagraph 20 of paragraph 1 of Article 27 of the Federal Law " On labor pensions in the Russian Federation" (approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781) the position of a biologist is not mentioned.

However, the need to receive an early retirement pension can be proven in court. This is confirmed by the decision of the Michurinsky City Court of the Tambov Region dated May 12, 2016 in civil case No. 2-1125/2016. According to the decision in case 2-1125/2016 ~ M-886/2016 within the meaning of the provisions enshrined in Art. 27 of the Federal Law “On Labor Pensions in the Russian Federation,” the legislator associates the right to receive a long-service pension with work in which the employee was exposed to the adverse effects of various factors due to the specifics and nature of the work. If it is proven that the functional responsibilities and working conditions of a medical specialist (for example, a laboratory assistant) and a clinical laboratory biologist coincide, and also that they perform the same amount of work and the same research, the court may rule decision to include the period of work in the position of “biologist” in the special length of service. But making such a decision remains at the discretion of the court.

Thus, a biologist’s right to receive an early retirement pension in old age can be proven in court.

case No. 2-134\2018

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

March 28, 2018 The Kachkanar City Court of the Sverdlovsk Region, composed of the presiding officer T.A. Kukortseva, with the secretary T.V. Ivanova, having considered in open court a civil case on the claim of Tatyana Valentinovna Tikhonova against the Administration of the Pension Fund of the Russian Federation in the city of Kachkanar for recognition of the right to early assignment of a pension ,

u st a n o v i l:

plaintiff Tikhonova T.V. filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in the city of Kachkanar for the inclusion of the period of work in the special work experience, recognition of the right to early assignment of a pension and its appointment from the date of application to the Administration of the Pension Fund in the city of Kachkanar.

In support of the claim, it is stated that when the defendant applied for an early old-age insurance pension, the plaintiff’s work experience did not include the period of work at AVT-Ural LLC from 03/01/2008. to the present, with which the plaintiff did not agree and filed a statement of claim in court. She indicated that she has been working as a chemical analysis laboratory assistant in the production of explosives for more than 10 years: from 09/06/2007. to 02/29/2008 worked in the explosives production control laboratory of the explosives production workshop of OJSC Kachkanarsky Mining and Processing Plant "Vanadiy", from 03/01/20118. He currently works in the laboratory for production and quality control of explosives at AVT-Ural LLC. Her employment, nature and working conditions did not change throughout the entire period of work as a laboratory assistant; she was employed permanently, full-time, in the technical process and in repairs when processing new explosives, which is confirmed by clarifying certificates. From 01.03.2008 the production of explosives, which was carried out at OJSC Kachkanarsky GOK "Vanadiy", was removed from the enterprise and transferred to another enterprise, LLC AVT-Ural. The actual length of work experience of the plaintiff, which gives the right to an early pension, is more than 10 years.

At the court hearing, plaintiff Tikhonova T.V. and its representative Pomazkin V.M. upon oral petition, the arguments and demands set out in the statement of claim were supported.

Thus, the representative of the plaintiff explained that Tikhonova T.V. She began her work at the Kachkanarsky Mining and Processing Plant as a laboratory assistant in 2008. this production was separated from the plant and AVT-Ural LLC was created, in which the plaintiff continued her activities. Her job functions remained the same, as did her place of work, but the name of the organization changed. The period of work at the plant by the defendant was included in the special length of service, but the period of work at AVT-Ural LLC was not. He considers the defendant’s arguments about non-payment of insurance premiums for the employee to be untenable, and refers to the resolution of the Constitutional Court of the Russian Federation dated July 10, 2007. No. 9, claims that the employee is not at fault.

Representative of the defendant, legal adviser Demchenko Yu.A. by proxy considers the refusal to grant an early pension to the plaintiff legal, based on the documents available to the Institution. The plaintiff’s company was repeatedly given explanations about the need to draw up documents that would confirm the preferential nature of the laboratory assistant’s work, but to date, AVT-Ural LLC has not drawn up such documents and does not pay additional tariffs for this employee.

The representative of the 3rd party of AVT-Ural LLC, A.Yu. Barinov, by proxy, supported the plaintiff’s demands at the court hearing and explained that since the organization of AVT-Ural LLC on March 1, 2008. When drawing up pension documents, the enterprise is guided by the same instructions as at the plant, but the pension fund believes that the preferential nature of the work by the enterprise has not been confirmed and continues to give its recommendations on the preparation of such documents. At the moment, the preferential nature of work in some specialties has been confirmed; for chemical analysis laboratory assistants, the decision on confirmation has not yet been confirmed, since the verification by the pension fund has not been completed, the collection of necessary documents continues. The representative does not dispute that the additional tariffs that must be paid by the employer since 2013 have not been paid, the company is ready to pay them, but the pension fund does not confirm the documents drawn up by AVT-Ural LLC.

The court, having heard the parties, the representative of the 3rd party, and having studied the case materials, comes to the following conclusions.

According to Part 1 of Art. 8 of Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions,” men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age insurance pension.

In accordance with clause 2, part 1, art. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, an old-age insurance pension is assigned before reaching the established age for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions, respectively not less than 12 years 6 months and 10 years and have an insurance period of at least 25 years and 20 years, respectively. If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance experience, an insurance pension is assigned to them with a decrease in the age provided for in Article 8 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;

According to paragraph 2 of Art. 30 of the Federal Law of December 28, 2013 N 400-FZ lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age insurance pension is assigned in accordance with Part 1 of this article, rules for calculating periods of work (activity) ) and the appointment of the said pension, if necessary, is approved by the Government of the Russian Federation.

Similar provisions were enshrined in the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” that was previously in force from 01/01/2002 to 01/01/2015 (Part 1, Article 1, Part 1, Article 7, clause 1 clause 1, clause 2 art. 27).

Acting within the powers granted to it, the Government of the Russian Federation adopted Resolution No. 665 dated July 16, 2014 “On the lists of jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age insurance pension is assigned early, and the rules for calculating periods work (activity) giving the right to early pension provision”, paragraph “a” of Art. 1 of which it is established that when determining the length of service in the relevant types of work for the purpose of early pension provision in accordance with Art. 30 of the Federal Law "On Insurance Pensions" applies: in case of early assignment of an old-age insurance pension to persons who worked in underground work, in work with hazardous working conditions and in hot shops: list No. 1 of production, work, professions, positions and indicators in underground work , in jobs with particularly harmful and particularly difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 N 10 “On approval of lists of production, work, professions, positions and indicators that give the right to preferential pension provision"; List No. 1 of industries, workshops, professions and positions in underground work, in work with hazardous working conditions and in hot shops, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by a resolution of the Council of Ministers of the USSR dated 08/22/1956 N 1173 “On approval of lists of industries, workshops, professions and positions in which work gives the right to a state pension on preferential terms and in preferential amounts” - to take into account the periods of performance of the relevant work that took place before 01/01/1992.

Based on the analysis of the current pension legislation, the establishment for persons who worked in jobs with hazardous working conditions, preferential conditions for acquiring the right to an old-age labor pension (as well as providing them with a pension for long service, provided for in the previously effective pension legislation) is aimed mainly Thus, to protect against the risk of loss of professional ability to work before reaching the generally established retirement age. Therefore, the right to early assignment of an old-age labor pension is not associated with any work, but only with that in which the employee’s body is exposed to the adverse effects of various factors determined by the specifics and nature of professional activity.

By the decision of a state institution - the Office of the Pension Fund of the Russian Federation in the city of Kachkanar, Sverdlovsk region, dated December 22, 2017. No. No. denied the assignment of an early old-age insurance pension in accordance with paragraph. 2 p. 2 h. 1 tbsp. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, since it has not developed the required length of service.

The defendant, considering the application of Tikhonova T.V. on the appointment of an early insurance pension, did not establish the periods of the plaintiff’s labor activity to be counted towards the length of service in the relevant types of work (09 years).

In accordance with the Decree of the Government of the Russian Federation of July 16, 2014 N 665 “On the LISTS OF JOBS, PRODUCTIONS, PROFESSIONS, POSITIONS, SPECIALTIES AND INSTITUTIONS (ORGANIZATIONS), TAKEN INTO WHICH AN OLD AGE INSURANCE PENSION IS ESTABLISHED EARLY, AND RIGHTS ILAH FOR CALCULATING PERIODS OF WORK (ACTIVITY) , GIVING THE RIGHT TO EARLY PENSION SECURITY when determining length of service in the relevant types of work for the purpose of early pension provision in accordance with Article 30 of the Federal Law "On Insurance Pensions" are applied: b) for the early assignment of an old-age insurance pension to persons who worked in jobs with difficult conditions Labor: List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 N 10 “On approval of lists of production, work, professions, positions and indicators giving the right to preferential pension provision”; List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Resolution of the Council of Ministers of the USSR of August 22, 1956 No. 1173 “On approval of lists of productions, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts" - to take into account the periods of performance of the relevant work that took place before January 1, 1992; To take into account the periods of performance of the relevant work that took place during the disputed period, List No. 2 of industries, works, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, shall be applied , approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 N 10, section X1.

In accordance with section X1 of List No. 2, workers, managers and specialists engaged in the technological process of these industries, position code 21202000-1754a have the right to preferential pension provision.

The court has established and follows from the case materials that plaintiff Tikhonova T.V. Born on 02/15/1966, she applied to the Department for the appointment of an early old-age insurance pension in connection with work in hazardous working conditions, on the basis of clause 2, part 1, art. 30 of Law No. 400-FZ.

By Department decision N 2110377\17 dated December 22, 2017. The plaintiff was denied an early old-age insurance pension due to her lack of the required special experience. As follows from the said decision of the Department, on the date of application the plaintiff has a special length of service of 05 months 24 days. The following periods are not included in the special length of service: from 03/02/2008. to 12/31/2008, from 01/04/2009 to 03/17/2014, from 03/19/2014 to 08/11/2015, from 08/13/2015 until December 31, 2016 laboratory assistant for chemical analysis in the workshop for the production of emulsion explosives, technological section at AVT-Ural LLC. The basis for the refusal was the fact that the employer provided evidence confirming special working conditions. The conclusion was made on the basis of an extract from the personal account of the insured person.

Indeed, it follows from the case materials and has not been refuted by the plaintiff that the preferential nature of the work of a chemical analysis laboratory assistant is not confirmed by the documents presented by the employer. So, in the clarifying certificate dated October 31, 2017. It is indicated that the Pension Fund of the Russian Federation did not confirm the preferential nature of the work of a chemical analysis laboratory assistant, despite repeated appeals to him. Therefore, the enterprise cannot confirm the preferential nature of the plaintiff’s work, although it believes that this type of work corresponds to List No. 2, section X1, position 21206000-1754a. Plaintiff Tikhonova, by her profession, is constantly employed full-time, full-time, in the technological process of producing explosives (case file 27).

In the clarifying certificate dated December 7, 2017. No. 35-04.00-01\1-648, issued by EVRAZ KGOK OJSC (case sheet 29-31), it is indicated that in the period from 09/06/2007. to 02/29/2008 Tikhonova T.V. worked as a chemical analysis laboratory assistant at the explosives production control laboratory of EVRAZ KGOK OJSC, the production was separated into a separate production as potentially dangerous. The period specified in the certificate is included by the defendant in the special length of service.

At the court hearing, a representative of the 3rd party of AVT-Ural LLC explained that the company is working to prepare documents to confirm preferential length of service in several specialties, including the specialty of chemical analysis laboratory assistant. He confirmed his statements by correspondence with the UPF of the Russian Federation for the Sverdlovsk region, the conclusion based on the results of a re-check of the “list of preferential professions of AVT-Ural LLC” (ld).

Meanwhile, the court found that during the disputed period the plaintiff Tikhonova T.V. labor activity was carried out, giving the right to early assignment of a pension in accordance with clause 2, part 1, art. 30 of Law No. 400-FZ.

According to the employment contract No. dated 01.03.2008, concluded between AVT-Ural LLC and T.V. Tikhonova, subsequent additional agreements to it T.V. Tikhonova. hired as a laboratory assistant for chemical analysis, characteristics of working conditions: harmful and difficult (case sheet 8-11).

The certification card for the workplace of a chemical analysis laboratory assistant at AVT-Ural LLC indicates the class of hazards and hazards: 3.1 - harmful 1st degree and 3 - dangerous (case sheets 21-23). From the card No. of the special assessment of working conditions for workers specializing in chemical analysis laboratory at AVT-Ural LLC, laboratory for monitoring the production and quality of explosives, it also follows that the class of working conditions in terms of hazardousness is determined for this type of work - 3.1. (case sheet 24-26).

From the licenses presented by AVT-Ural LLC, it follows that AVT-Ural LLC has the right to carry out activities related to the handling of explosives.

The plaintiff's work record does not indicate that she was hired on a part-time basis.

By virtue of Article 66 of the Labor Code of the Russian Federation, a work book of the established form is the main document about the employee’s work activity and length of service.

Based on the Regulations on the procedure for confirming length of service for the purpose of pensions in the RSFSR, approved by Order of the Ministry of Social Security of the RSFSR dated October 4, 1991 N 190, length of service is established on the basis of documents issued from the place of work, service, study or other activity counted as length of service, or higher organizations, as well as archival institutions. Such documents include a work book, and in its absence, as well as in cases where the work book contains incorrect and inaccurate entries or does not contain records about individual periods of work, certificates, extracts from orders, personal accounts and statements for the issuance of wages, certificates, characteristics, written employment contracts and agreements with notes on their execution, labor, track records and registration lists, membership books of members of cooperative fishing artels and cooperative artels of disabled people and other documents containing information about periods of work.

Thus, it should be recognized that changes in the labor function of Tikhonova T.V. in LLC AVT-Ural compared to OJSC EVRAZ KGOK did not happen. Considering that the plaintiff until 2008. performed work, the period of which the defendant included in the special length of service when determining the right to early assignment of a pension, and subsequently, after the transfer of production from Kachkanarsky GOK OJSC to AVT-Ural LLC, the plaintiff performed similar work and the employer classifies this work as work in heavy working conditions and corresponding to List 2, the plaintiff’s work at AVT-Ural LLC is subject to inclusion in the special work experience under List 2. The mere transfer of production itself from one enterprise to another cannot derogate from a citizen’s pension rights. The defendant did not indicate any other reasons for refusing to include the plaintiff in the special work experience of the disputed period of work.

The court found that during the above-mentioned periods, the plaintiff’s work was carried out constantly during a full working day with a full working week, this was not disputed by the parties. In the documents examined by the court, which there is no reason to doubt, there is information about the plaintiff’s special working conditions; other admissible and reliable evidence that would refute the evidence presented by the plaintiff and the representative of AVT-Ural LLC was not presented to the court.

In accordance with paragraph 1 of Art. 11 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, the insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in Part 1 of Art. 4 of this Federal Law, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation. The representative of the defendant did not dispute the fact that AVT-Ural LLC paid insurance premiums for the disputed period.

Arguments of the representative of the defendant about the impossibility of counting the disputed period of work at AVT-Ural LLC into special experience due to the employer’s failure to comply with Art. 32.2 of the Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation”, the obligation to accrue and pay for the plaintiff additional tariffs of insurance contributions is not valid, since the insurer’s failure to pay on time or not pay in full the insurance contributions to the Pension fund of the Russian Federation in favor of insured persons working for it under an employment contract, due to the nature and purpose of compulsory pension insurance, the need to ensure the rights of these persons, should not prevent them from exercising their right to receive a labor pension in a timely manner and in full (Resolution of the Constitutional Court of the Russian Federation dated July 10, 2007 N 9-P).

Considering that the additional tariff established for employers to pay from 01/01/2013 is an insurance premium and is aimed at financing the insurance part of the pension, the court believes that the absence of additional tariffs for insurance premiums for a preferential profession does not in itself indicate the absence of grounds for inclusion of controversial periods in the length of service for the relevant types of work, since improper performance on the part of the employer of its duties established by law cannot violate the plaintiff’s right to include periods of his work in the special work experience.

Thus, it is the employer who is charged with providing the necessary information to the Pension Fund and transferring contributions. Failure by the employer to provide reliable information and failure to pay insurance premiums in full cannot affect the pension rights of T.V. Tikhonova, who is not at fault in this regard

Evaluating in total according to the rules of Art. 67 of the Civil Procedure Code of the Russian Federation, the evidence available in the case materials, the court comes to the conclusion that the plaintiff’s demands are satisfied and this period is included in the special length of service necessary for the early assignment of an old-age pension to the plaintiff on the basis provided for in paragraph 2 of part 1 of Art. 30 of Law No. 400-FZ.

Thus, at the time the plaintiff applied for an early insurance pension on December 12, 2017. special experience of Tikhonova T.V. will be: 05 months. 24 days plus 8 years 9 months. 25 days = 9 years 3 months 19 days, which is more than the required 09 years, therefore an early insurance pension is subject to assignment to the plaintiff from the moment he applies for it, but not before the right to it arises, that is, upon reaching the age of 50 years.

Without taking into account this period of work, at the time the plaintiff applied to the Department (December 12, 2017), the plaintiff had the special experience necessary for the early assignment of an old-age insurance pension; accordingly, he had the right to a pension, and therefore there are grounds for entrusting the UPF of the Russian Federation with Kachkanaray, the obligation to assign a pension to the plaintiff.

According to Part 1, 2 Art. 22 of Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions”, an insurance pension is assigned from the date of application for the specified pension, but in all cases not earlier than from the date the right to the specified pension arises.

The day of application for an insurance pension is considered to be the day the body providing pension provision receives the corresponding application with all the necessary documents to be submitted by the applicant, taking into account the provisions of Part 7 of Art. 21 of this Federal Law.

Based on the systemic interpretation of the provisions listed above, it follows that the legislator associates the beginning of the period for assigning an early old-age pension with two circumstances, namely the declarative procedure for assigning pension benefits and the citizen’s right to receive it.

The case materials establish that Tikhonova T.V. 12/12/2017 applied to the pension authority with an application and all the necessary documents for the appointment of an early old-age pension in connection with working in hazardous conditions.

At the time of the plaintiff’s appeal to the pension authority, Tikhonova T.V. Taking into account the circumstances of the illegality of the defendant’s exclusion from the length of service required for the assignment of an early old-age pension, the disputed period of labor activity in harmful conditions, he had the right to assign a pension on the basis of clause 2, part 1 of Art. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”.

Guided by Art. Art. 194-198 of the Civil Procedure Code of the Russian Federation, court

The claims of Tatyana Valentinovna Tikhonova from the Office of the Pension Fund of the Russian Federation in the city of Kachkanar, Sverdlovsk Region, should be satisfied and assigned to the Office of the Pension Fund of the Russian Federation in the city of Kachkanar, included in the special experience of T.V. Tikhonova, which gives the right to assign an early insurance pension under clause 2. . 1 tbsp. 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, the period of her work at AVT-Ural LLC as a chemical analysis laboratory assistant in the workshop for the production of emulsion explosives, technological section:

from 02.03.2008 until 12/31/2008 (00-10-00)

from 01/04/2009 to 03/17/2014 (05-02-14)

from 03/19/2014 to 08/11/2015 (01-04-23)

from 08/13/2015 until December 31, 2016 (01-04-18)

and assign an early old-age insurance pension from the moment of application to the Pension Fund Administration in the city of Kachkanar, Sverdlovsk Region, but not before the right to it arises, that is, from December 12, 2017.

The decision can be appealed to the Sverdlovsk Regional Court within one month from the date of its adoption by filing an appeal through the Kachkanar City Court.

Judge of the Kachkanar City Court T.A. Kukortseva