Age limit for civil service for women. Age limit for the state civil service

Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (Part 2, Article 21) establishes the age limit for being in the state civil service - 65 years old.

In accordance with parts 5, 6, 7 of Art. 25 of the said law, reaching the age limit for being in the state civil service is grounds for terminating a service contract with a civil servant due to circumstances beyond the control of the parties. At the same time, by decision of the employer’s representative and with the consent of the civil servant, when he reaches the age limit, a contract may be concluded with him fixed-term employment contract to fill a position that is not a civil service position. It should also be noted that a service contract concluded for an indefinite period with a civil servant who has reached the age of 60 years is re-signed to a fixed-term service contract for a period of one to five years.

The problem of renewal and turnover of management personnel in the state civil service

The need to change the age structure that has developed in the civil service was also noted in the federal program “Reform of the civil service of the Russian Federation (2003-2005)”, approved by decree President of the Russian Federation dated November 19, 2002 No. 1336. In particular, according to the data provided for 2002, the average age of civil servants was 40 years.

Persons of retirement age among civil servants accounted for 3.5%. More than 30% of government employees were 50 years of age or older.

The bulk of civil servants under the age of 30 held government positions classified as senior and junior groups of positions (49.6% and 38.7%, respectively). The highest and main government positions of category “B” were filled by only 0.6% of civil servants under the age of 30.

This situation will lead to the fact that within 10 years there will be a massive release of civil servants filling key positions, with the impossibility of replacing these positions with the next generation of civil servants who have sufficient experience in the civil service and the necessary qualifications. Thus, there is an objective need to create a legal basis for the renewal and turnover of management personnel in the state civil service, including by establishing the norm on the age limit for being in the civil service.

Competition for filling a civil service position

As a rule, appointment to a civil service position is preceded by a competitive selection procedure. The competition can be held both when a citizen enters the civil service for the first time, and when a civil servant is transferred from one public position to another vacant public position (for inclusion in the personnel reserve).

Approaches to conducting competitive selection and related procedures for assessing the professional performance of state civil servants, conducting certification and qualifying exams are enshrined in such federal regulations as:

· The federal law dated July 27, 2004 No. 79-FZ "On state civil service of the Russian Federation";

· Decree President RF from February 1, 2005 No. 112 “On the competition to fill a vacant position in the state civil service of the Russian Federation”;

· Decree of the President of the Russian Federation dated February 1, 2005 № 110 “On conducting certification of state civil servants of the Russian Federation”;

· Decree of the President of the Russian Federation dated February 1, 2005 № 111 “On the procedure for passing the qualification exam by state civil servants of the Russian Federation and assessment of their knowledge, skills and abilities (professional level).”

The new norms enshrined in these regulatory legal acts regulating the procedure for conducting competition, certification, and qualifying exams partially reproduce, but at the same time significantly correct and supplement similar norms of the previously existing legislation on the civil service.

Main advantages of the new legislation in the field of regulation of procedures for assessing the professional performance of state civil servants.

Firstly, the norms established by the new legislation regulate the procedure for conducting competitive selection, certification and qualification exams both in federal government bodies and in government bodies of the constituent entities of the Russian Federation.

Secondly, the norms governing the procedure for holding competitions, certification, and qualification exams are related to only one type of civil service (the civil service) and are clarified based on the established status of the civil service in the system of types of civil service, taking into account changes in the classification of civil service positions, replacement of qualification ranks of civil servants for class ranks of state civil servants.

Third, despite the open list of exceptions, the new legislation directly establishes that entry into the civil service and filling a vacant position in the civil service is carried out based on the results of a competition. A competitive procedure for forming a personnel reserve in the civil service is also provided.

Fourth, the role of the qualification exam (formerly the state qualification exam) in the career of a civil servant and in the system for assessing his professional level has been clarified.

Fifthly, provides for the current assessment of the activities of a civil servant (annual reports on professional performance) and taking into account the results of the current assessment during certification.

At sixth, the grounds (criteria) for assessing the activities of a civil servant during certification, competition and qualification exams have been significantly expanded and specified.

Seventh, the description of the conditions and procedures for organizing and conducting competitions, certification, and qualifying exams has been significantly clarified and supplemented.

Eighth, it is directly established that qualification requirements for civil service positions are established in accordance with the categories and groups of civil service positions.

The Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and the decrees of the President of the Russian Federation adopted in its implementation provide for the possibility and, in a number of cases, of further development of legal regulation of procedures for organizing and conducting competitions, certifications and qualification exams, including by the government bodies themselves that conduct competitions, certifications, and qualification exams. In particular:

1. Regulatory legal acts of federal and regional government bodies will need to be installed:

· qualification requirements for the professional knowledge and skills of a civil servant necessary for the performance of his official duties (as part of the job regulations of a civil servant);

· composition of the competition commission, terms and procedure for its work;

· methodology of the competition.

2. Legal act of a state body it is advisable to state:

· selection of stages of activity of competition and certification commissions acceptable for the government body, for various groups and categories of civil service positions;

· methods, techniques and procedures holding competitions;

· methods of resolving (procedures and documents) other issues, arising in connection with the organization and conduct of competitions, certifications, qualifying exams, as well as ongoing assessment of professional performance.

Federal Law of July 27, 2004 No. 79-FZ “On the state civil service of the Russian Federation" (Part 1 of Article 22) establishes that the filling of positions in the state civil service is carried out on on a competitive basis.

The law also establishes an exhaustive rethere are a lot of exceptions from this rule. In this case, the legislator distinguishes two cases:

· in the first case, a competition for filling a civil service position can not be carried out;

· in the second case, competition for filling a civil service position Maybe not be carried out.

The competitive selection procedure for filling a position in the state civil service is currently regulated by Decree President RF from February 1, 2005 No. 112 “On the competition to fill a vacant position in the state civil service of the Russian Federation.”

According to the Regulations on the competition for filling a vacant position in the state civil service of the Russian Federation, approved by this decree, the competition is held in two stages.

First stage

At the first stage, the state body publishes an announcement about the acceptance of documents for participation in the competition in at least one periodical publication, and also posts information about the competition on the website of the state body in the public information and telecommunications network.

A citizen who has expressed a desire to participate in the competition submits to the state body the necessary documents, the list of which is established by Part 2 of Art. 26 Federal Law dated July 27, 2004 No. 79-FZ “On the state civil service of the Russian Federation.”

In addition, the above-mentioned Regulations include in the number of documents that must be submitted to participate in the competition document confirming that the citizen does not have a disease preventing entry into or completion of the civil service

When a civil servant participates in a competition, the necessary documents are provided by the personnel service of the government agency. At the same time, the documents presented citizen (i.e., those entering the civil service for the first time) are subject to verification. Checking the accuracy of the information provided civil servants (i.e. already holding a civil service position, but applying for another vacant civil service position), is carried out only if he participates in a competition for a vacant civil service position belonging to the highest group of civil service positions.

Documents for participation in the competition are submitted to the state body within one month from the date of announcement of their admission.

Second phase

The decision on the date, time and location of the second stage of the competition is made by a representative of the employer after checking the accuracy of the information provided by citizens who have expressed a desire to participate in the competition. The employer's representative no later than in 15 days before the start of the second stage of the competition, informs civil servants and citizens admitted to participate in the competition about the date, time and place of its holding.

To conduct the competition, a competition commission is formed by an act of the relevant state body.

When holding a competition, the competition commission evaluates candidates on the basis of the documents they submit on education, completion of civil or other public service, implementation of other labor activities, as well as on the basis of competitive procedures using methods for assessing professional and personal qualities of candidates, including individual interviews, questionnaires, group discussions, writing essays or testing on issues related to the performance of job duties for a vacant civil service position for which candidates are applying.

The decision of the competition commission is made in the absence of a candidate. The commission's decisions are made by open voting by a simple majority of votes from the number of its members present at the meeting. At the same time, a meeting of the competition commission is considered valid if it is attended by at least two thirds of its composition.

In connection with the use of a competitive selection procedure when filling a position in the state civil service, a number of problems arise. In particular, in order for the most qualified personnel to be truly selected on the basis of a competition and the competition not to be reduced to a formal procedure, an effective technology for personnel competition is needed.

Russia already has some experience in using effective personnel competition technologies.

Effective technologies for conducting personnel competitions for entry into the civil service exist in Western European countries.

In the constituent entities of the Russian Federation its own regulatory legal framework is being formed regulating competitive recruitment procedures for the state civil service, for example: Decree of the Government of the Nizhny Novgorod Region dated September 16, 2005 No. 203 “On the formation of competitive commissions”; Resolution of the Governor of the Stavropol Territory dated July 1, 2005 No. 357 “On the Commission for holding a competition to fill a vacant position in the state civil service of the Stavropol Territory in the government apparatus of the Stavropol Territory”; Decree of the Governor of the Chelyabinsk Region dated May 30, 2005 No. 260 “On the competition commission for holding a competition for filling certain vacant positions in the state civil service in the government of the Chelyabinsk region, in the executive authorities of the Chelyabinsk region and for inclusion in the personnel reserve of the state civil service of the Chelyabinsk region”; Decree of the Government of the Saratov Region dated May 12, 2005 146-P “Issues of the competition for filling a vacant position in the state civil service of the Saratov Region.”

The age for civil servants was increased. A civil servant's pension is a benefit that he will receive for long work in one of the state federal positions.

A federal employee is a person who works in a federal service position and who receives a monetary benefit from the state budget for this.

Assignment of benefits

Every civil servant who fulfills all the conditions has the opportunity to receive a pension. According to the law, if the following conditions are met, a citizen can count on receiving a pension:

• at least 16 years of experience in the civil service;
• The retirement age for civil servants has been reached.

Upon dismissal, you can also apply for benefits if:

• There has been a reduction in staff or a government agency has been liquidated.
• Upon dismissal from a position.
• If the retirement age for civil servants has been reached.
• Due to poor health, which prevents further normal work activities.

Based on the functional and job characteristics of work, three types of civil servants are distinguished.

The first type is employees whose powers extend to the entire country.

The second type is employees whose work activity is limited to only one region.

The third type is military personnel and persons equivalent to them.

For each type there is a certain age, having reached which, you can safely retire to a well-deserved rest. On average it is defined as 60 years. At the request of the institution, the employee can work for a longer period, up to 70 years.

Right to pension

The bill on raising the retirement age for civil servants has a number of changes that came into force on January 1, 2017. According to the new project, the retirement age of citizens should be increased to 65 years for men and to 63 for women. At the same time, the work experience will also increase from fifteen to twenty years..

Initially, both men and women were supposed to retire at 65, but after the bill was revised, the age for women was changed. Now all ladies working in the civil service can retire at 63 years old. The bill also includes all changes that make it possible to accurately track the retirement age for civil servants and work experience:

• when retiring in 2017, you must have at least 16 years of experience;
• 2018 - 16.5 years of experience;
• 2019 - 17 years;
• 2023 - 19 years;
• when assigning a pension after 2025, you must have at least twenty years of work experience.

The proposed increase in the retirement age for civil servants and changes in length of service assume a gradual transition. In 2017, women can retire when they reach the age of 55.5 years, and men - 60.5. Next year, the retirement age for civil servants will increase by another 0.5 years, it will be 56 and 61 years for women and men. Gradually, the age should reach 63 and 65 years.

Pension amount

The project to increase the retirement age for civil servants also affected the amount of payments. Starting this year, benefits are calculated based on length of service and range from 45% to almost 80% of the salary.

Now, for each year of work, 3% of earnings is added to the insurance pension. That is, if initially upon reaching retirement age the pension was 45%, then after a year it will be 48% of the salary. The payment amount will increase annually.

Experience and pension

To retire, it is not enough to meet the age specified in the bill. It is also necessary to have established experience. In 2017 it is 16 years. With this length of service, a pensioner can count on 45% of his salary. If this year the future pensioner has more than twenty years of experience, then he will be assigned more than fifty percent of his salary.

In 2020, the minimum length of service must be 17.5 years, at which 45 percent of pension payments calculated from salary will be assigned. And in 2025 the same percentage will be assigned for twenty years of service..

What is included in the internship

The increase in the retirement age for civil servants is calculated in parallel with the increase in length of service. This is a summary measure of length of government service that takes other types of activity into account when determining eligibility for benefits for federal workers.

Increasing the retirement age

Since 2017, the retirement age for civil servants has been increased. The bill was adopted in the spring of 2016. Now the retirement age of citizens working in state and federal institutions occurs upon reaching 63 and 65 years for women and men, respectively.

However, it was decided to reach such indicators gradually, annually increasing the retirement age by six months. In 2017, the age should be 55.5 and 60.5 years. By 2026, the retirement age for male civil servants will be reached. Women will come to new data only by 2032. In addition to age, in order to be granted a pension, you must have twenty years of experience, previously this period was 15 years. Experience, as well as age, will increase gradually, over six months.

Year of retirement, age and length of service

In conclusion, it is worth noting that for the year of retirement you must have the required length of service and meet the legal age:

• 2017 - women 55.5, men 60.5 years old, experience 16 years.
• 2018 - women 56, men 61, 16.5 years.
• 2019 - women 56.5, men 61.5, experience 17.
• 2020 - women 57, men 62, experience 17.5.
• 2021 - women 57.5, men 62.5, experience 18.
• 2022 - women 58, men 63, 18.5.
• 2023 - women 58.5, men 63.5, 19 years old.
• 2024 - women 59, men 64, 19.5.
• 2025 - 59.5 and 64.5 respectively, twenty years of experience.

From 2026, the length of service must be at least twenty years, and the age of men will reach 65. At the same time, the retirement age of women will continue to increase every year by six months to 63.

The question of what the age limit for being in the civil service is mainly of concern to officials and other civil servants.

At the same time, the legal age may be extended in some cases - this is stated in Article 25.1 of the Federal Law of the Russian Federation.

Bill to raise the retirement age for civil servants

Federal Law No. 143 came into force at the beginning of 2018.

The bill calls for a gradual increase in the maximum age for old-age pensions, as well as the introduction of stricter rules for receiving pensions.

We are talking about deputies and officials serving in state and municipal bodies.

It is worth noting: The law does not apply to persons who have already retired.

Simultaneously with the increase in the retirement age, the minimum length of service in the civil service required to receive a long-service pension will be gradually increased. Today, employees must work for at least 15 years; by 2020, the period will increase to a minimum of 20 years.

Deputies will have to work extra. If they want to receive a bonus of 55%, they will have to “work” for at least 5 years (today is a year), for a bonus of 75% - at least 10 versus today’s 3.

Age limit for civil service

Today, men retire at 60, women at 55.

And although there is talk about raising the retirement age to European levels, so far this has only affected civil servants.

However, the age will not be increased in one fell swoop: it is expected that this will stretch until 2032.

The increase will occur until the upper limits are set - 65 years for men and 63 years for women.

Note: every six months an additional six months of work will be added.

However, some employees will be able to continue working. This will affect:

1. Assistants and advisers providing assistance to a person in public office. They will be required to work until the end of their term, but no later.
2. Heads of public services will be able to work until they are 70 years old. Only the procedure for appointment will change: today the decision on extending service is made by the president, but after that the decision will be made by the official or government agency that appointed this leader.

The maximum age for service in the Russian Federation is the age after which a citizen acting as a civil servant must retire.

Today, both “ordinary” citizens and government employees retire at the same age - at 60 for men and 55 for women. However, starting this year, the age of the latter will increase to 65 and 63 years, respectively.

The Labor Code does not establish an age limit for persons in employment relationships with employers. However, this rule does not apply to government civil servants. The Federal Law "On the State Civil Service of the Russian Federation" provides for a maximum age of 65 years in the civil service.

Establishing an age criterion for entering the civil service and being in the civil service is not discrimination and does not violate the principle of equal access of citizens to public service enshrined in the Constitution. The Constitutional Court of the Russian Federation explained that the principle of equality enshrined in the Constitution does not prevent the legislator, when implementing legal regulation of labor (service), from establishing differences in the legal status of persons belonging to categories of different conditions and types of activity, if these differences are objectively justified, justified and consistent with constitutionally significant purposes. Consequently, as stated in the Determination of the Constitutional Court of the Russian Federation dated October 3, 2002 N 233-O, the establishment of an age limit for holding a public position in the civil service, as determined by the specifics of professional activity in ensuring the execution of the powers of state bodies, cannot be assessed as a discriminatory restriction of constitutional rights.

Having established the age limit for being in the civil service, the legislator also determines the terms of the service contract until the age of 65 is reached. If a civil servant has a service contract for an indefinite period, then upon reaching the age of 60 his contract is re-signed to a fixed-term service contract. Renewal period is from 1 year to 5 years. Unlike previous rules, the law does not require an annual renewal of a service contract with a civil servant. It is possible to renew the contract for any period ranging from 1 year to 5 years. A civil servant who has reached 65 years of age is subject to dismissal from the civil service. The employer's representative has no right to make a different decision.

At the same time, a representative of the employer, with the consent of the citizen, has the right to conclude a fixed-term employment contract with him to fill a position that is not a civil service position, taking into account his qualifications, the results of professional performance during the civil service, the position being filled and his state of health. Civil servants who have entered into an employment contract to fill a position that is not a civil service position are subject to the general norms of labor legislation.

Every year the budget deficit of the Pension Fund of the Russian Federation increases; billions of rubles are allocated annually from the Federal budget to cover it. To reduce the costs of the state budget, the Government of the Russian Federation is resorting to different methods of solving this problem. For example, the financial and economic blocs of the Government insist on the need to increase the retirement age for all citizens of the Russian Federation, while the social bloc strongly opposes this initiative. This issue has not yet been finally resolved, but for now the Government of the Russian Federation is resorting to other methods of reducing costs - this is an indefinite cessation of indexation of pensions for working pensioners, a “freeze” of pension savings, and an increase in the retirement age for civil servants.

Law on raising the retirement age for civil servants

Many experts are confident that increasing the retirement age for civil servants is a preparatory stage for a corresponding measure for all categories of citizens of the Russian Federation.

Federal Law No. 143 of May 23, 2016 on raising the retirement age for civil servants amended Federal Law No. 3 of May 8, 1994 and came into force on January 1, 2017.

This bill on raising the retirement age for civil servants was adopted by the State Duma on May 11, 2016 and was approved by the Federation Council on May 18, 2016. There is no separate presidential decree on raising the retirement age; to determine whether you are a civil servant or not, you need to be guided by Decree of the President of the Russian Federation of December 31, 2005 No. 1574, as amended on January 26, 2017, “On the Register of Positions of the Federal State Civil Service.”

The law on extending the retirement age for civil servants introduces new conditions and procedures for pension provision for those citizens who hold positions in the state and municipal service in the Russian Federation and its constituent entities.

It is worth noting that the bill on increasing the retirement age for civil servants provides for the right of subjects and municipal self-government bodies to independently establish the amount of pension payments and additional payments to pensions, determine requirements for work duration, etc. for citizens who conduct state and municipal service. At the same time, all relevant costs for these initiatives are borne entirely by municipal budgets.

Retirement age for civil servants in Russia since 2017

Before the adoption of the Federal Law on increasing the retirement age for civil servants, it was 55 years for women and 60 years for men. These are generally established age standards in the Russian Federation for the onset of old-age pensions. Since 2017, the requirements for the retirement age of civil servants in Russia have increased and amounted to 65 and 63 years for men and women, respectively.

According to state statistics, these changes affected more than 1 million citizens holding positions in state, regional and municipal authorities, as well as deputies and senators. And also more than 70 thousand officials who were supposed to retire in the near future.

It is worth noting that the increase in the retirement age for civil servants will be gradual, increasing annually by six months during the transition period until it reaches maximum levels. For male civil servants it will be achieved by 2026, and for female civil servants by 2032.

Which civil servants are eligible to increase their retirement age?

After the law on raising the retirement age for civil servants came into force, the question arose of who exactly belongs to this category?

This Federal Law and the changes introduced by it affected officials at all levels:

• persons holding public office in the Russian Federation and its constituent entities;
• persons holding municipal positions on a permanent basis;
• persons who hold government positions. civil and municipal service.

These include: employees of the Federal Tax Service, employment services, statistics department, federal department. treasury, judicial authorities, executive authorities - bailiffs, Roslesnadzor, etc.

Employees of budgetary organizations (teachers, doctors, kindergarten teachers, teachers of state universities and employees of research institutes), as well as ordinary employees of various government bodies (cleaners, programmers, etc.) do not belong to this category and are not subject to increasing the retirement age of civil servants .

Extension of retirement age for civil servants

Since 2017, not only the retirement age for civil servants has increased, but also a number of other age requirements that are taken into account when assigning pensions to this category of citizens.

Thus, along with the retirement age, the maximum possible period for conducting public service has increased. Now it is 65 years, but can be increased to 70 years by mutual agreement of the employee and employer, after concluding a fixed-term employment contract.

The minimum length of service for the civil service has also increased, the achievement of which entitles the official to a long-service pension and a monthly supplement to the pension, up to 20 years (previously it was 15 years). It, like the requirements for retirement age, will increase gradually and reach a maximum by 2026.

All civil servants have the right to a long-service pension, paid in addition to the old-age (disability) insurance pension, as well as early retirement, if the official’s length of service is at least the period indicated in the table, in the year the pension was assigned.

It is worth noting that all of these changes do not apply to those citizens who have already received the right to a long-service pension before 01/01/2017.

Retirement age for civil servants in 2017

In addition to the above changes, in 2017, the requirements for the minimum duration of office of members of the Federal Assembly and State Duma deputies increased from 1 year to 5 years. For deputies, this period constitutes the time of service during one convocation of the Duma. Fulfillment of this requirement entitles members and deputies to an additional payment to the insurance pension in the amount of 55%. To receive an increased payment amount (75%) you must fulfill these powers for 3 to 10 years.

Raising the retirement age for civil servants is one of the measures to reduce Pension Fund costs. Already in 2017, this will save the extra-budgetary fund 600 million rubles, which will be used to fulfill other obligations of the Pension Fund to current pensioners.