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Ulyanovsk Regional Court - judicial act. Search for decisions of courts of general jurisdiction Laboratory assistant in the section science pension
Appeal ruling of the Investigative Committee for civil cases of the Supreme Court of the Republic of Bashkortostan dated December 09, 2014 in case No. 33-17476/2014
Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Bashkortostan, consisting of:
presiding Krygina T.F.
judges Nurmukhametova R.R.
Khairutdinova D.S.
under secretary H.Yu.F.
considered in open court a civil case on the appeal of the State Administration - Administration of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, against the decision of the Sibay City Court of the Republic of Bashkortostan dated September 25, 2014, which decided:
Statement of claim by T.V.N. partially satisfy.
Recognize the decision of the State institution - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan No. ... dated on the refusal to assign a pension to T.V.N. illegal.
Oblige the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, to include in the work experience of T.V.N., which gives the right to early assignment of a pension in accordance with Art. 27 p. 1 p.p. 20 of the Law of the Russian Federation "On Labor Pensions" periods of work as a laboratory assistant in the Department of Normal Physiology at the Bashkir State Medical Institute from date to date (2 years, 9 months, 19 days); as well as periods of participation in advanced training courses: from date to date. (29 days), from date to date. (1 month. 28 days), from date to date. (2 months 21 days), from date to date. (1 month. 2 days), from date to date. (15 days), from date to date. (24 days), from date to date (18 days).
Oblige the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, to appoint T.V.N. pension from date.
Having heard the report of judge T.F. Krygina, the judicial panel
INSTALLED:
T.V.N. filed a lawsuit against the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, to recognize the decision to refuse to establish a pension as illegal, to impose the obligation to include periods of work in the length of service giving the right to early assignment of a labor pension, and to assign a labor pension .
In support of her demands, she indicated that by decision of the State Administration - Administration of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus N ... dated, she was denied an old-age labor pension, due to the lack of the required 30 years of experience in medical and other health care activities population in health care institutions. At the same time, the periods of her participation in advanced training courses are not included in her special experience, since these periods are not provided for by the Rules of July 11, 2002 N 516, as well as the period of her work as a laboratory assistant in the department of normal physiology at the Bashkir Medical Institute, from date to date . (2 years 9 months 19 days), since the name of the institution is not provided for in the List of institutions approved by Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N 464 and does not apply to healthcare institutions. She does not agree with this decision of the pension authority. She believes that the periods she spent on advanced training courses should be included in the length of service giving her the right to early retirement, since during these periods she retained her job and received wages. She believes that the period of her work as a laboratory assistant at the Department of Normal Physiology of the Bashmedical Institute is fully subject to inclusion in the medical experience, since subparagraph "e" of paragraph 1 of the Resolution of the Council of Ministers of the USSR "On pensions for long service to workers in education, health care and agriculture" dated December 17, 1959 N1397 provides that for teachers, doctors and other education and health workers, teaching and research work in higher educational institutions and research institutes is counted as work experience in their specialty.
The court made the above decision.
Disagreeing with the court’s decision, the State Administration of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus, in its appeal, asks to cancel it in terms of including in the length of service the period of work as a laboratory assistant in the department of normal physiology at the Bashkir Medical Institute, being on advanced training courses and the obligation to appoint early labor pension from date.
Persons participating in the case and who did not appear for the appeal hearing of the case were duly notified of the time and place of the hearing; they were not informed of valid reasons for failure to appear, and therefore, on the basis of Art. 167 of the Code of Civil Procedure of the Russian Federation, the judicial panel finds it possible to consider the case in their absence.
Having checked the case materials, discussed the arguments of the appeal, listened to the representative of the State Administration - the Office of the Pension Fund of the Russian Federation in the city of Sibay, RB - S.E.I., who supported the arguments of the appeal, T.V.N., who considered the court decision to be legal, the judicial panel comes to the next.
Article 39 of the Constitution of the Russian Federation guarantees social security by age, in case of illness, disability, loss of a breadwinner, for raising children and other cases established by law. State pensions and social benefits are established by law. The constitutional right to social security also includes the right to receive a pension in cases and amounts determined by law.
According to Art. 1 of Federal Law No. 173 of December 17, 1991 “On Labor Pensions”, as amended and supplemented, labor pensions are established and paid in accordance with this law.
In accordance with the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation,” an old-age labor pension is assigned “before reaching retirement age to 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 at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age.
The court found that T.V.N. date submitted an application to the State Administration of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus, for the appointment of an early retirement pension.
By the decision of the State Administration - Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus N ... dated T.V.N. denied early retirement pension due to the lack of the required 30 years of experience in medical and other activities to protect public health in health care institutions. The length of medical experience is 28 years 2 months 13 days.
At the same time, the defendant did not include periods of work from date to date in the special length of service that gives the right to assign an early retirement pension. (2y.9m.19d.) as a laboratory assistant at the Department of Normal Physiology at the Bashkir Medical Institute; periods of participation in advanced training courses from date to date. (1 month), from date to date. (29 days), from date to date. (1 month. 28 days), from date to date. (2 months 21 days), from date to date. (1 month. 2 days), from date to date. (15 days), from date date. (24 days), from date to date. (18 days).
According to paragraph 2 of Article 27 of the Law, lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, rules for calculating periods of work (activity) and assigning the said pension if necessary, approved by the Government of the Russian Federation.
By Decree of the Government of the Russian Federation No. 781 of October 29, 2002, in pursuance of Article 28 of the above Federal Law, the following were approved: A list of positions and institutions in which work is counted towards the length of service, giving the right to early assignment of an old-age labor pension to persons who carried out medical and other activities protection of public health in healthcare institutions, in accordance with subparagraph 20 of paragraph 1 of article 27 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” (hereinafter referred to as the List); Rules for calculating periods of work 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 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” (hereinafter referred to as the Rules).
According to subparagraph "e" of paragraph 1 of the said Regulations on the procedure for calculating length of service for assigning pensions for length of service to education and healthcare workers, approved by Resolution of the Council of Ministers of the USSR of December 17, 1959 N 1397, in length of service in the specialty, except for work in institutions and organizations and positions in which work gives the right to a pension for long service, teaching and research work in higher educational institutions and research institutes was counted.
The court also found that T.V.N. The date was hired at the Bashkir State Medical Institute as a laboratory assistant in the Department of Normal Physiology and the date was dismissed at her own request.
From the order of the Ministry of Health and Medical Industry of the Russian Federation N ... from date it follows that the Bashkir State Medical Institute was renamed the Bashkir State Medical University. Changes were made to the charter of the Bashkir State Medical University, from the content of which it follows that this university is under the jurisdiction of the Ministry of Health of the Russian Federation."
According to the Extract from the Unified State Register of Legal Entities as of the date of the year, in the column types of economic activities engaged in by a legal entity, in addition to the main type of activity such as training in educational institutions of higher professional education, additional types of activities are listed, in particular the activities of medical institutions , scientific research and development in the field of social sciences and humanities and others.
The court also indicated that during the controversial period of work of T.V.N. approved by Decree of the Council of Ministers of the USSR dated December 17, 1959 N 1397, the Regulations on the procedure for calculating length of service for assigning long service pensions to education and health care workers and the List of institutions, organizations and positions in which work gives the right to a long service pension, which provided for inclusion in length of service that provides the right to a preferential old-age pension, a period of work as a laboratory assistant (all regardless of the title of the position) in hospital institutions of all types and names.
Resolving the dispute and satisfying the claims of T.V.N. In terms of inclusion in the special work experience, the period of work as a laboratory assistant at the Department of Normal Physiology at the Bashkir State Medical Institute from date to date (2 years, 9 months, 19 days) was based on the fact that the time of the plaintiff’s research work at a higher educational institution and her work experience in positions , giving the right to receive a pension on preferential terms, corresponds to the limits established by Resolution No. 1397.
The panel of judges cannot agree with this conclusion of the court and considers it necessary to cancel the decision regarding the inclusion in the special period of work of the plaintiff as a laboratory assistant in the department of normal physiology at the Bashkir State Medical Institute from date to date (2 years, 9 months, 19 days) on the following grounds.
Early assignment of an old-age pension in connection with the implementation of medical and other activities to protect public health in state and municipal health care institutions is carried out in accordance with clause 11, clause 1, article 28 of the Federal Law of December 17, 2001 N173-F3 "On Labor pensions in the Russian Federation" if the applicant has 25 years of special experience in rural areas and urban-type settlements and at least 30 years in cities, rural areas and urban-type settlements, or only in cities.
Early labor pensions are established in connection with professional activity and are preferential in nature compared to other types of pensions, since they are provided in connection with the loss of professional ability to work before reaching the generally established retirement age due to long-term adverse psychological, physical and other effects on the human body of work in relevant professions and positions in hazardous or difficult working conditions.
Taking into account the preferential nature of this pension, the legislator limits the circle of persons engaged in medical and other activities to protect the health of the population, who enjoy the right to early assignment of an old-age labor pension in connection with medical activities.
For this purpose, the Government of the Russian Federation, by Decree dated October 29, 2002. N 781 approved the List of institutions and positions in which work gives the right to an early pension.
In accordance with the resolution of the Constitutional Court of the Russian Federation dated January 29, 2004. N 2-P established that in order to implement the pension rights of medical workers, when calculating length of service in relevant types of work, regulatory legal acts that regulated the procedure for calculating length of service for the appointment of the specified category of persons for length of service before the introduction of new legal regulation may be applied, i.e. e. in force on December 31, 2001.
Such regulatory legal acts include the Resolution of the Council of Ministers of the RSFSR dated September 6, 1991. N 464, which applies to periods of work up to date.
To the periods occurring after the date. The Decree of the Government of the Russian Federation of September 22, 1999 applies. N 1066.
For periods occurring after the date - Decree of the Government of the Russian Federation of October 29, 2002. N 781.
Item 1 of the List, approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N464, states that work as a doctor and paramedical personnel is counted as length of service, regardless of the title of the position in medical, preventive and sanitary-epidemiological institutions of all forms of ownership.
From the analysis of this norm, it is clear that the List counts the work of nursing staff as length of service and this work should take place in medical, preventive and sanitary-epidemiological institutions.
During the work of T.V.N. as a laboratory assistant at the Department of Normal Physiology at the Bashkir Medical Institute from September 10, 1981. until June 28, 1984, the Regulations on the procedure for calculating length of service for assigning long-service pensions to education and healthcare workers, approved by the Resolution of the Council of Ministers of the USSR dated December 17, 1959, were in force. N1397.
Regulations on the procedure for calculating length of service for assigning long-service pensions to education and healthcare workers, approved by the Resolution of the Council of Ministers of the USSR dated December 17, 1959. N1397, for teachers, doctors and other education and health workers, pedagogical work in courses, in schools and institutes for advanced training, retraining is counted as work experience in their specialty, except for work in institutions, organizations and positions in which work gives the right to a pension for length of service. and improvements: pedagogical and research work in higher educational institutions and research institutes.
Decree of the Government of the Russian Federation of September 22, 1993 N 953 (as amended on October 29, 2002) “On the introduction of amendments, additions and invalidation of decisions of the Council of Ministers of the RSFSR on certain issues of pensions for long service in connection with teaching activities, medical and creative work” a list of decisions of the Council of Ministers of the USSR has been adopted that have not been applied on the territory of the Russian Federation since October 1, 1993, including Resolution of the Council of Ministers of the USSR of December 17, 1959 N 1397 “On pensions for long service to workers in education, health care and agriculture” .
However, according to clause 3 of the Order of the Ministry of Social Security of the RSFSR dated June 30, 1986. N1-63-I “On pensions for length of service for education and healthcare workers, the positions whose occupation determines the research nature may include the following positions: heads and deputy heads of research institutes and their structural divisions, departments, sectors, etc. ), except for deputy heads of institutes for administrative and economic affairs and heads of economic and auxiliary departments of institutes; scientific workers of all titles (senior, junior), including assistants.
According to the Charter, the State Budgetary Educational Institution of Higher Professional Education "Bashkir State Medical University" is an educational institution of higher professional education that implements educational programs of secondary, higher, postgraduate and additional professional education in accordance with licenses for the right to conduct educational activities.
The Bashkir State Medical Institute was created by Resolution of the Council of People's Commissars of the RSFSR dated March 25, 1932 N289, by Orders of the State Committee for Higher Education of Russia dated date N ... and the Ministry of Health and Medical Industry of Russia dated date N ... The Bashkir State Medical Institute was renamed the Bashkir State Medical University of the Ministry of Health and Medical Industry of Russia.
In accordance with the order of the Government of the Russian Federation dated September 10, 2008. N1300-The University is under the jurisdiction of the Ministry of Health and Social Development of the Russian Federation only from September 10, 2008.
Moreover, the position of laboratory assistant is not named in the List approved by Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N464, and there is also no such institution as a “department”.
Since, during the period of the plaintiff’s work as a laboratory assistant at the Department of Normal Physiology at the Bashkir Medical Institute from date. date, the institute does not belong to healthcare institutions and the name of the institution is not provided for in the List of institutions approved by Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N464, then the judicial panel comes to the conclusion that it refuses to satisfy the claims regarding inclusion in the special experience that gives the right for the appointment of an early retirement pension, periods of work of the plaintiff as a laboratory assistant at the Department of Normal Physiology at the Bashkir Medical Institute from September 10, 1981. to 06/28/1984
Meanwhile. The panel of judges agrees with the court’s reasoned conclusion to include in the special experience the periods the plaintiff spent on advanced training courses: from date to date. (29 days), from date to date. (1 month. 28 days), from date to date. (2 months 21 days), from date to date. (1 month. 2 days), from date to date. (15 days), from date to date. (24 days), from date to date (18 days).
In accordance with Article 187 of the Labor Code of the Russian Federation, when an employer sends an employee for advanced training outside of work, he retains his place of work (position) and the average salary at his main place of work.
Referral to advanced training courses does not depend on the will of the employee, it is associated with the implementation of work activities aimed at improving one’s professional level, the employment contract with the employee does not terminate while the employee is on advanced training courses, and this time refers to working time. In this connection, the period of participation in advanced training courses is a period of work while maintaining the average salary, from which the employer must deduct insurance contributions to the Pension Fund of the Russian Federation.
In addition, for certain categories of workers, due to special regulations, advanced training is a mandatory condition for performing work.
Consequently, periods of participation in advanced training courses are subject to inclusion in the length of service that gives the right to early retirement.
When calculating the length of service in medical and other activities to protect the health of the population, which gives the right to early assignment of an old-age pension, special experience T.V.N. is 28 years 2 months 11 days - established by the decision of the Main Administration of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus on the refusal to establish a pension from date N ...; periods of participation in advanced training courses: from date to date. (29 days), from date to date. (1 month. 28 days), from date to date. (2 months 21 days), from date to date. (1 month. 2 days), from date to date. (15 days), from date to date. (24 days), from date to date 18 days) (28 years 02 months 11 days + 08 months 17 days = 28 years 10 months 28 days) it turns out 28 years 10 months 28 days.
Thus, on the day of contacting the State Administration - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, on the date of T.V.N. her experience in medical and other activities to protect public health was -28 years 10 months 28 days, that is, she did not have the right to receive a pension.
Taking into account the above, the judicial panel comes to the conclusion that the court decision regarding the appointment of an early retirement pension from that date is subject to cancellation, with a new decision in this part being made to refuse to satisfy the claims of T.V.N. on the appointment of an early retirement pension from date.
The rest of the court's decision was left unchanged and the appeal was not satisfied.
Guided by Art. Art. 328-330 Code of Civil Procedure of the Russian Federation, judicial panel
DEFINED:
The decision of the Sibay City Court of the Republic of Bashkortostan dated to be canceled regarding the inclusion of periods of work of T.V.N. in the special experience. in the position of laboratory assistant at the Department of Normal Physiology at the Bashkir State Medical Institute from date to date (2 years, 9 months, 19 days) and the responsibility of the State Institution - Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Belarus, to appoint T.V.N. cancel the pension from the date and make a new decision in the canceled part, by which:
In satisfying the claims of T.V.N. to the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan, on imposing an obligation to include in the special experience, which gives the right to early assignment of a labor pension, the period of work as a laboratory assistant in the Department of Normal Physiology at the Bashkir State Medical Institute from date to date (2nd year). 9 months 19 days), and grant an early retirement pension from the date to refuse.
The rest of the court's decision was left unchanged, and the appeal of the State Administration - the Office of the Pension Fund of the Russian Federation in the city of Sibay, Republic of Bashkortostan - was not satisfied.
Chairman Krygina T.F.
Judges Nurmukhametova R.R.
ULYANOVSK REGIONAL COURT
ULYANOVSK REGIONAL COURT
Judge Boykova O.F. Case No. 33-2173/2016
APPELLATION
Judicial panel for civil cases of the Ulyanovsk Regional Court consisting of:
presiding Miryasova N.G.,
judges Fomina V.A. and Kazakova M.V.
under secretary S.V. Shtukaturov
considered in open court the case on the appeal of the Office of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of the city of Ulyanovsk against the decision of the Zasviyazhsky district court of the city of Ulyanovsk dated February 12, 2016, according to which it was decided:
Claims Parfenova E.N. to satisfy.
To oblige the Administration of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of the city of Ulyanovsk, Ulyanovsk region, to include Parfenova E*** N*** in the special period of service in preferential terms (1: 1.6) in connection with the implementation of medical and other protection activities public health periods of its work from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 as a medical assistant-laboratorian in the pathology department of the State Healthcare Institution “O***”.
Oblige the Administration of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of Ulyanovsk, Ulyanovsk region to appoint Parfenova E*** N*** from ***.2015. early old age insurance pension in connection with the implementation of medical and other activities to protect public health.
Having heard the report of judge Miryasova N.G., the explanations of the plaintiff Parfenova E.N. and her representative, lawyer Ilyina E.V., who considered the court decision legal and justified, the judicial panel
U S T A N O V I L A:
Parfenova E.N. filed a lawsuit against the Administration of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of Ulyanovsk, Ulyanovsk region, to count periods of work into special length of service and to recognize the right to an early old-age insurance pension.
In support of the claim, she stated that ***2015 she turned to the defendant with an application for the appointment of an early old-age insurance pension in accordance with paragraph 20 of paragraph 1 of Art. 30 Federal Law “On Insurance Pensions”. Decision dated ***2015 she was denied a pension due to the lack of the necessary special experience. She did not agree with the defendant’s decision, she believed that the periods of her work from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 as a medical assistant-laboratorian in the pathology department of the State Healthcare Institution “O***” (previously, *** should be counted in the preferential calculation (1: 1.6).
Taking into account the clarified claims, she asked to oblige the defendant to include controversial periods of work in the special length of service in preferential calculation (1: 1.6) in connection with the implementation of medical and other activities to protect public health and to oblige the defendant to assign her from *** 2015. early old age insurance pension in connection with the implementation of medical and other activities to protect public health.
Having considered this dispute, the court made the above decision.
In the appeal, the Office of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of Ulyanovsk agrees with the court's decision, asks it to be canceled as made in violation of the norms of substantive and procedural law and to make a new decision. At the same time, he indicates that the controversial periods cannot be included in the plaintiff’s special length of service in preferential terms, since the pathological department of the dispensary, including oncology, is not included in the List of structural divisions of healthcare institutions and positions of doctors and paramedical personnel, whose work during year is counted towards the length of service giving the right to early assignment of an old-age pension, as a year and 6 months, approved by the Decree of the Government of the Russian Federation of October 29, 2002. No. 781. At the same time, the identity of the pathological department of hospitals and the pathological department of the dispensary has not been established by the Ministry of Labor and Social Development of the Russian Federation. According to the author of the complaint, the certificate issued by the State Institution “O***”, confirming the preferential nature of the plaintiff’s work until 2006, is unfounded and cannot be accepted court as evidence.
The case was considered in the absence of representatives of the defendant and a third party.
After checking the case materials and discussing the arguments of the appeal, the judicial panel comes to the following conclusion.
According to the case materials, by the decision of the State Administration - UPF of the Russian Federation in the Zasviyazhsky district of Ulyanovsk dated *** 2015, Parfenova E.N. denied early assignment of an old-age insurance pension due to the lack of the required 30 years of experience in connection with the implementation of medical and other activities to protect public health in health care institutions. On the date of application, the experience was 28 years 2 months 3 days.
In the plaintiff’s special length of service, which gives the right to early assignment of an old-age insurance pension, periods of her work from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 in the position of medical assistant-laboratorian in the pathology department of the State Healthcare Institution “O***” are included in calendar terms.
Considering the said decision of the State Administration - UPF of the Russian Federation in the Zasviyazhsky district of Ulyanovsk to violate her pension rights, Parfenova E.N. filed a lawsuit to declare this decision illegal and to recognize her right to early assignment of an old-age insurance pension in connection with the implementation of medical and other activities to protect public health.
Resolving the dispute and satisfying the claims of Parfenova E.N., the court of first instance proceeded from the fact that the plaintiff, during the period of work from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 in the position of a medical assistant-laboratory assistant in the pathological department of the State Institution "O***" she carried out functions identical to the functions of a medical assistant-laboratory assistant in the pathological department of a hospital, work in which gives the right to preferential calculation and, since the work of a medical assistant-laboratory assistant is identical in these institutions, then, in the opinion of the court, the first instance, the period of work of the plaintiff should also be calculated (a year of work as 1 year and 6 months) and in this regard came to the conclusion that the plaintiff was recognized as having the right to early assignment of an old-age insurance pension from *** 2015.
The panel of judges cannot agree with this conclusion of the trial court, since it is based on the incorrect application of the rules of substantive law to the resulting relations.
In accordance with subparagraph 20 clause 1 art. thirty Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, the old-age insurance pension is assigned before reaching the age established by Art. 8 of this Federal Law, 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 from their age.
Similar provisions were contained in previously existing paragraph "b" of part 1 of article 12, and 83 of the Law “On State Pensions in the Russian Federation” dated November 20, 1990 N 340-1, as well as in Subclause 20, Clause 1, Article 30 the previously existing Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”.
The procedure for calculating periods of work to be included in the length of service giving the right to early assignment of a pension in connection with medical and other activities to protect public health has been established by the Government of the Russian Federation.
According to paragraphs. "n" clause 1 of the Decree of the Government of the Russian Federation of July 16, 2014 N 665, when determining the length of service in the relevant types of work for the early assignment of an old-age insurance pension to persons who carried out medical and other activities to protect the health of the population in health care institutions, the following is applied: List positions and institutions, work in which is counted in the 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 Decree of the Government of the Russian Federation of October 29, 2002 N 781; as well as the List of positions in which work is counted as length of service, giving the right to a pension for length of service in connection with medical and other work to protect the health of the population, approved by Decree of the Government of the Russian Federation of September 22, 1999 N 1066 - to take into account the relevant activities, taking place during the period from November 1, 1999 to December 31, 2001 inclusive.
In accordance with the “List of professions and positions of healthcare workers and sanitary-epidemiological institutions, whose medical and other work to protect public health entitles them to a pension for long service”, approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N 464, pathologists and nursing staff of the departments of general, pediatric and infectious pathology of republican, regional and city pathological bureaus, city, district, interdistrict and centralized bureaus of pathological departments, conducting pathological autopsies of corpses, histological studies of cadaveric material, organs and tissues removed during operations and biopsies, processing cadaveric, surgical and biopsy material - one year of work in these positions and departments is counted as one year and 6 months.
Lists and Rules for calculating periods of work giving the right to early assignment of an old-age labor pension, List of structural divisions of healthcare institutions and positions of doctors and paramedical personnel, work in which during the year is counted towards the length of service giving the right to early assignment of an old-age labor pension , as a year and six months, approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781, a preferential calculation of experience of 1 year for 1 year 6 months was established for pathologists, including medical managers and paramedical personnel (to whom refers to the position of medical assistant-laboratory assistant), working in the health care institutions named in the Lists and Rules.
Item 3 of the List of structural units of healthcare institutions and positions of doctors and paramedical personnel, work in which for a year is counted towards the length of service giving the right to early assignment of an old-age pension, as a year and six months, approved by the Decree of the Government of the Russian Federation of October 29, 2002 year N 781, it is stipulated that the special length of service in preferential terms includes the work of paramedical personnel conducting pathoanatomical autopsies of corpses, histological examinations of cadaveric material, organs and tissues removed during operations and biopsies, processing of cadaveric, surgical material in the pathological departments of institutions provided for in paragraphs 1 - 6, 14, 20 of the List, as well as the Clinical Center of the Moscow Medical Academy named after I.M. Sechenov; departments (including general, pediatric and infectious pathology) of the pathological bureau (institute).
Thus, in paragraph 3 of the List, among the institutions that have pathology departments, work in which entitles nursing staff to preferential calculation of length of service, hospitals of all names are indicated, but dispensaries (listed in paragraph 15 of the List) are not named, including including oncological.
Based on the above legislation regulating the legal relations of the parties, the judicial panel comes to the conclusion that since oncology dispensaries are not named in regulatory documents, and therefore, the work of the plaintiff as a medical assistant-laboratory assistant in the pathology department is not subject to credit towards the length of service for the early assignment of an old-age insurance pension in preferential calculation (1:1.6).
In this connection, the court of first instance had no grounds for preferential calculation of the length of service of a medical assistant-laboratorian in the pathology department of an oncology dispensary.
The court of first instance, agreeing with the plaintiff’s arguments about the identity of the functions of the medical assistant-laboratorian of the pathology department of the hospital, the bureau and the pathology department of the oncology dispensary, did not take into account that the Lists of professions and positions in which work is counted towards the length of service giving the right to a pension for long service in connection with with medical and other activities to protect the health of the population, Rules for calculating the length of service for assigning a pension for long service in connection with medical and other work to protect the health of the population, Lists of structural units of health care institutions and positions of doctors and paramedical personnel, work in which gives the right for preferential calculation of length of service contain an exhaustive list of medical institutions, including by type (type), with a listing of typical names, and are not subject to broad interpretation. The court of first instance actually expanded this list, indicating a new category of workers entitled to preferential calculation of length of service.
In accordance with clause 2 of the Decree of the Government of the Russian Federation of July 11, 2002 N 516 “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 Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation” Federation" the right to establish the identity of professions, positions and organizations provided for in the lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early, to the same professions, positions and organizations having other names, is granted to the Ministry of Labor and social development of the Russian Federation on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation.
At the time of consideration of the dispute, the identity of the pathology bureau, the pathology department of the hospital and the pathology department of the oncology clinic was not established.
The nomenclature of healthcare institutions approved by order of the Ministry of Health of the Russian Federation dated November 3, 1999 N 395, the Nomenclature of healthcare institutions approved by order of the Ministry of Health of the Russian Federation dated July 3, 2003, the Unified nomenclature of state and municipal healthcare institutions approved by order of the Ministry of Health and Social Development of the Russian Federation dated On October 7, 2005, a list of medical and preventive institutions was approved, which include: hospitals, dispensaries, outpatient clinics, pathology bureaus. Similar names of treatment and preventive medical organizations are provided for by the nomenclature of medical organizations approved by Order of the Ministry of Health of the Russian Federation dated August 6, 2013 N 529n, currently in force.
Based on the fact that these health care institutions belong to different types (types) of institutions, the oncology dispensary was named correctly, the court of first instance had no basis for establishing the identity of the functions, conditions and nature of the activities of a medical assistant-laboratorian in the pathology departments of hospitals and the pathology department of the oncology dispensary , and, accordingly, there were no legal grounds for preferential calculation of the plaintiff’s work experience during the period she disputed.
The federal legislator, securing the right of persons who carried out medical and other activities to protect the health of the population to early assignment of an old-age insurance pension, takes into account not only the specifics of their professional activities, but also the peculiarities of the functioning of health care institutions, the organization of work in which requires compliance with special conditions and fulfillment of a certain load, which in itself cannot be considered as a restriction of the rights of citizens to pension provision, which the Constitutional Court of the Russian Federation has repeatedly indicated in court decisions.
Thus, the preferential calculation of length of service - a year of work as a year and 6 months - 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 the activity in certain conditions; At the same time, differences in the nature of work and functional responsibilities of persons working in the same positions, but in different profiles and tasks of the structural divisions of medical institutions, are also taken into account.
The allocation of individual workers engaged in such activities to a special category of persons entitled to early old-age pensions, taking into account preferential calculation of length of service, is actually based on taking into account the conditions and intensity of the work they perform.
Thus, due to the lack of legal grounds for including periods of her work in the plaintiff’s special experience from 01.08.1989 to 05.05.1992, from 02.12.1999 until September 21, 2015 in the position of medical assistant-laboratorian in the pathology department of the State Healthcare Institution “O***” with preferential calculation of experience (1:1.6), the court decision cannot be recognized as legal and justified, it is subject to cancellation.
Having assessed the circumstances of the pension dispute in accordance with the given norms of legislative acts, the judicial panel comes to the conclusion that the defendant’s refusal to grant an old-age insurance pension ahead of schedule is legal, due to the plaintiff’s lack of the necessary work experience to grant such a pension.
The court decision is subject to cancellation, with the adoption of a new decision, which is to be refused by Parfenova E.N. in satisfying the claims, the obligation of the Office of the Pension Fund of the Russian Federation (state institution) in the Zasviyazhsky district of Ulyanovsk, Ulyanovsk region to include the period of work from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 in the position of medical assistant-laboratorian in the pathology department of the State Healthcare Institution "O***" with special experience in preferential terms (1 year for 1 year six months) and in appointment since ***2015. early insurance pension.
Guided by Art. 328 of the Civil Procedure Code of the Russian Federation, judicial panel
O P R E D E L I L A:
Make a new decision on the case.
In satisfying the claims of Parfenova E*** N***, the Administration of the Pension Fund of the Russian Federation (a state institution) in the Zasviyazhsky district of Ulyanovsk, Ulyanovsk region, requested that the work period be included from 01.08.1989. to 05.05.1992, from 02.12.1999 until September 21, 2015 in the position of medical assistant-laboratorian in the pathology department of the State Healthcare Institution "O***" with special experience in preferential terms (1 year for 1 year six months) and in appointment from September 21, 2015. early insurance pension, refuse
Presiding
Central District Court of Barnaul, Altai Territory
Central District Court of Barnaul, Altai Territory - JUDICIAL ACTS
Case No. 2-45371
SOLUTION
In the name of the Russian Federation
Central District Court of Barnaul, Altai Territory, consisting of:
Chairman L.S. Varnavskaya
Under secretary O.V. Shirnina
Having considered in open court a civil case based on the claim of Ivacheva I.A. to the State Administration of the Pension Fund in the city of Barnaul, Altai Territory, to invalidate the decision, include the period of work in the special length of service, assign the obligation to assign a pension,
Installation:
Ivacheva I.A. filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in the city of Barnaul for inclusion in the special length of service, which gives the right to assign an early retirement pension, the period of work from DD.MM.YYYY to DD.MM.YYYY, imposing the obligation on the defendant to assign early to the plaintiff old-age labor pension with DD.MM.YYYY.
In support of the claims, it is stated that by decision of the Administration of the Pension Fund of the Russian Federation in Barnaul, the plaintiff was denied early assignment of an old-age pension due to the lack of the required special experience. This decision is illegal, since the plaintiff worked the required period of time in hazardous working conditions and has the right to receive a retirement pension early. From DD.MM.YYYY to DD.MM.YYYY Ivacheva I.A. worked in.... .... in hazardous conditions as a chemical analysis laboratory assistant. During the entire specified period, the plaintiff worked in the chemical laboratory of the spinning (spinning-chemical) workshop of nylon production. The defendant refused to include in the special period of work the period of work from DD.MM.YYYY to DD.MM.YYYY as a chemical analysis laboratory assistant due to the fact that Ivacheva I.A.’s employment was not confirmed. in the workshop laboratory. In fact, during the period from DD.MM.YYYY to DD.MM.YYYY the plaintiff worked in the same place, in the same chemical laboratory of the same workshop, that is, she was a laboratory assistant (specialist) in the workshop chemical laboratory. Changes in the entry in the work book were associated with the following circumstances. DD.MM.YYYY the following entry was made in the plaintiff’s work book: “In connection with the introduction of ETKS in the same workshop, she was transferred as a chemical analysis laboratory assistant for servicing the spinning shop of nylon production, 3rd category.” Previously Ivacheva I.A. was assigned 4th category. Due to the fact that after the introduction of the new ETKS, the requirements for assigning a rank changed, the existing ranks of workers also changed. The plaintiff’s place, nature and working conditions remained the same - “chemical analysis laboratory assistant in the chemical laboratory of the spinning shop”, giving the right to include this period of work in special experience. The incomplete and distorted recording was made in error. DD.MM.YYYY Ivacheva I.A. assigned the 4th category as “laboratory assistant for chemical analysis of the spinning shop of nylon production,” which was recorded in the work book. At the same time, it was meant that the plaintiff works as a chemical analysis laboratory assistant in a chemical laboratory, since a chemical analysis laboratory assistant can only work in a chemical laboratory. The indication that the plaintiff was a laboratory assistant at the spinning shop confirms her employment in the shop's chemical laboratory. In addition, the special length of service should also include the period of Ivacheva’s maternity leave, as well as parental leave DD.MM.YYYY of the year of birth until the child reaches the age of three. Thus, the refusal of the Office of the Pension Fund of the Russian Federation in Barnaul to include in the special length of service the period of work of the plaintiff from DD.MM.YYYY to DD.MM.YYYY or 5 years 7 months is unfounded. Considering that the defendant took into account the plaintiff’s period of work lasting 4 years 8 months 22 days, then with the inclusion of the disputed period, the special experience of Ivacheva I.A. will be 10 years 3 months 22 days, the insurance period is more than 26 years, therefore, the plaintiff has the right to early assignment of an old-age pension.
During the consideration of the case, plaintiff Ivacheva I.A. clarified the claims, asked to recognize as illegal the decision of the Pension Fund Administration in Barnaul to refuse to establish a pension from DD.MM.YYYY, to be included in the special length of service giving the right to early assignment of an old-age pension to Ivacheva I.A. period of work from DD.MM.YYYY to DD.MM.YYYY, impose on the defendant the obligation to appoint Ivacheva I.A. ahead of schedule. old-age labor pension with DD.MM.YYYY.
At the court hearing, plaintiff Ivacheva I.A. did not appear, was duly notified of the place and time of the hearing of the case.
At the previous court hearing, the plaintiff insisted on her demands. She explained that she worked as a chemical analysis laboratory assistant in the chemical laboratory of the spinning shop of nylon production. The laboratory was located on the territory of the nylon workshop and was a separate room. The work was shift work. Structurally, the laboratory belonged to the central laboratory, but the duties of the laboratory assistants included monitoring the production process in the workshop. The central laboratory was located in a separate building. The working day was 8 hours on any shift. The plaintiff was on the shop floor the entire shift. The plaintiff was engaged in chemical analysis of the production process. For work, they brought her samples, fibers from the workshop, and a dissecting composition. The analysis was done on site, the results were recorded in a journal and transferred to the workshop in order to correct the production process if necessary. The plaintiff did not take samples personally, did not have access to the equipment, the samples were brought by an operator. For harmful working conditions, she was given 3 days of vacation and special fats, for which the workers signed in the statements. The company had its own clinic, where workers underwent a medical examination once a year. From the end of DD.MM.YYYY the plaintiff was on maternity leave. DD.MM.YYYY she had a child. Before DD.MM.YYYY, the plaintiff was on maternity leave. The entry in the work book dated DD.MM.YYYY is related to the reorganization, namely, the chemical and spinning shops were merged. During the time he worked in the workshop, nothing changed; the plaintiff’s workplace was located in the workshop and did not move anywhere. The harmfulness of the work consisted of gas pollution in the workshop and working with reagents. After DD.MM.YYYY the nature of the work has not changed. The plaintiff knew that she worked in hazardous working conditions; she was told about this when she was hired. Before DD.MM.YYYY, the plaintiff went on student leave, wrote a diploma, and received a salary of 50% of average earnings. During this period of time, I did not work, did not perform job duties, but was in production, as I was studying to become a technologist. Student leave was in DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY.
Representative of the plaintiff Popov L.I. supported the specified claims based on the arguments set out in the claim. Additionally, she indicated that in the period from DD.MM.YYYY to DD.MM.YYYY. Ivacheva I.A. studied at a university, was on student leave (code on payslip 40.47). The plaintiff’s service was not interrupted; she was listed in the same position. During the entire period of study, additional leave was paid, vacation days were listed as worked (pay slip for DD.MM.YYYY). Study leave DD.MM.YYYY is included in the total duration of the plaintiff’s work activity. There were no exceptions for including periods in special work experience at that time. In addition, according to clarifications of the Ministry of Labor in 1996, periods of additional leave are counted towards special length of service, regardless of employment and intensity of work in a given period of time. Thus, the period of work of Ivacheva I.A. as a chemical analysis laboratory assistant with DD.MM.YYYY to DD.MM.YYYY must be included in the special experience. Parental leave must also be fully included in the special experience.
Representative of the defendant Office of the Pension Fund of the Russian Federation in Barnaul, Altai Territory Kurnosova T.V. did not recognize the claim, explaining that there was no special length of service required for the early assignment of a retirement pension.
After listening to the explanations of the representative of the plaintiff Popov L.I., the representative of the defendant Kurnosov T.V., witnesses, and having examined the case materials, the court comes to the following conclusion.
According to Article 7 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation,” men who have reached the age of 60 years and women who have reached the age of 55 have the right to an old-age labor pension. An old-age labor pension is assigned if you have at least five years of insurance experience.
According to paragraphs. 1 clause 1 art. 27 of the Federal Law “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 to women upon reaching the age of 45 years, if they have worked for at least 7 years 6 months in jobs with hazardous working conditions and in hot conditions. workshops and have insurance experience of at least 15 years.
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, they are assigned a labor pension with a reduction in the age established by Article 7 of this Federal Law by one year for each full year of such work - for men and women.
At the court hearing, it was established that DD.MM.YYYY the plaintiff applied to the State Administration of the Pension Fund of the Russian Federation in the city of Barnaul, Altai Territory, for the appointment of an early retirement pension in accordance with clause 1, clause 1, article 27 of the Federal Law “On Labor pensions in the Russian Federation."
By the decision of the State Administration of the Pension Fund of the Russian Federation in.... No. from DD.MM.YYYY Ivacheva I.A. the application for an early old-age pension was refused because the required special length of service had not been completed. The defendant did not include in the special work experience the period of work of the plaintiff from DD.MM.YYYY to DD.MM.YYYY in the Central Laboratory of the association as a chemical analysis laboratory assistant for servicing the spinning shop of nylon production, due to the fact that the submitted documents did not confirm Ivacheva’s employment I.A. in the workshop chemical laboratory.
When calculating the length of service giving the right to early assignment of a pension in accordance with Art. 27, 28 of the Law “On Labor Pensions of the Russian Federation”, Lists No. 1 and 2 “Productions, works, professions, positions and indicators that give the right to preferential pensions and a long-service pension” are applied, approved by the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, and for periods of work before 01/01/1992, along with those indicated, the Lists approved by Resolution of the Council of Ministers of the USSR No. 1173 of 08/22/1956 are applied.
According to List No. 1, approved by Resolution of the Council of Ministers of the USSR dated August 22, 1956 N 1173 “On approval of lists of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts”, section XVI “Production of artificial and synthetic fiber", laboratory assistants and chemists of workshop chemical laboratories are entitled to a preferential pension.
As follows from List No. 1 of Section XVI “Production of artificial and synthetic fibers”, approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 N 10 “On approval of Lists of production, work, professions, positions and indicators entitling the right to preferential pension provision”, the right workers and specialists employed full time in the production of carbon disulfide, viscose, copper-ammonium, triacetate, chlorine, acetate, synthetic fibers, bristles, cellophane lines, films and sponges in workshops, areas, departments: staple, chemical, viscose, spinning, finishing, finishing and bleaching, bleaching, winding, unwinding of acid silk and dyeing, acid stations (workshops, sections, divisions) and stations (workshops) of finishing solutions, regeneration (carbon disulfide, sulfur and gases of carbon disulfide production, volatile organic solvents, copper, ammonia, caprolactam); on servicing the dinil plant, on the acceptance and release of carbon disulfide; in workshops: spinning, spinning, spinning pumps, typesetting; in the production of rongalit and sulfonated fatty products. Workers and specialists of workshop chemical laboratories.
In accordance with clause 6 of the Rules for calculating and confirming insurance experience for establishing labor pensions, approved by Decree of the Government of the Russian Federation of July 24, 2002 No. 555 “On approval of the Rules for calculating and confirming insurance experience for establishing labor pensions”, the main document confirming the length of service for relevant types of work is a work book. If the work book does not contain complete data on the factors determining the right to early assignment of an old-age labor pension, certificates are provided to confirm the length of service in the relevant types of work, clarifying the special nature of the work or working conditions.
According to paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions”, it is necessary to take into account that the question of the type (type) of an institution ( organization), the identity of the functions performed by the plaintiff, the conditions and nature of the activity with those jobs (positions, professions) that give the right to early assignment of an old-age pension must be decided by the court based on the specific circumstances of each case established at the court hearing (the nature and specificity, the conditions of the work carried out by the plaintiff, the functional duties he performs in his positions and professions, workload, taking into account the goals and objectives, as well as the areas of activity of the institutions, organizations in which he worked, etc.).
From the plaintiff’s work book it follows that DD.MM.YYYY Ivacheva I.A. accepted into .... into the central laboratory of the association as a laboratory assistant for chemical analysis of the chemical laboratory of the spinning shop of nylon production, category 4. DD.MM.YYYY, in connection with the introduction of ETKS in the same workshop, was transferred as a chemical analysis laboratory assistant for servicing the spinning shop of nylon production, 3rd category. DD.MM.YYYY was assigned the 4th category of laboratory assistant for chemical analysis of the spinning shop of nylon production. DD.MM.YYYY was transferred to the nylon production laboratory as a chemical analysis laboratory assistant in the chemical laboratory of the spinning and chemical workshop (case sheet 6-9).
According to the archival certificate of the KSU "State Archive...", in the documents of the archival fund.... there is the following information confirming the work experience of the plaintiff during the disputed period: DD.MM.YYYY Central laboratory of the association, chemical analysis laboratory assistant 4th category in the chemical laboratory of the spinning mill nylon production shop (order from DD.MM.YYYY No.), DD.MM.YYYY Central laboratory of the association, chemical analysis laboratory assistant 3rd category serving the spinning shop of nylon production, DD.MM.YYYY Central laboratory of the association, chemical analysis laboratory assistant 4 category of the spinning shop of nylon production (order from DD.MM.YYYY No., entry in the personal card f.T2, protocol of the quarterly commission from DD.MM.YYYY), DD.MM.YYYY laboratory of nylon production, chemical analysis laboratory assistant 4th chemical category laboratory of the chemical-spinning shop of nylon production (order from DD.MM.YYYY No., entry in a personal card, protocol of the quarterly commission from DD.MM.YYYY).
The orders for personnel contain information: on the basis of the order - resolution from DD.MM.YYYY No.-k and the VVK certificate from DD.MM.YYYY No., additional prenatal leave was provided to the plaintiff with preservation of average earnings, table No. with DD.MM.YYYY by DD.MM.YYYY; on granting the plaintiff leave without pay to care for a child under 3 years old from DD.MM.YYYY to DD.MM.YYYY. In salary slips, information about days worked, hours for DD.MM.YYYY DD.MM.YYYY., from DD.MM.YYYY to DD.MM.YYYY., about hours worked for DD.MM.YYYY. none. In the personnel documents for DD.MM.YYYY.–DD.MM.YYYY, there is no information about training in UKC courses or correctional labor. In the available documents of the enterprise up to DD.MM.YYYY, there is no information about the operation of the enterprise in a part-time working week, part-time mode, or with downtime. In DD.MM.YYYY-DD.MM.YYYY. the company was named...., in DD.MM.YYYY. – ...., in DD.MM.YYYY. – ....” (case sheet 19-30).
As part of the documents of the archival funds.... on personnel and main activities for DD.MM.YYYY. job descriptions of employees, orders from DD.MM.YYYY No., from DD.MM.YYYY No., orders to provide Ivacheva I.A. (Ekshibarova) prenatal leave, student leave in the period from DD.MM.YYYY to DD.MM.YYYY, the passport of the Central Laboratory of the Association, the personnel register of the spinning shop of nylon production are missing (case file 35).
The case materials include the following documents from the archival fund....
By order.... Ekshibarova I.A. with DD.MM.YYYY was hired at the central laboratory of the association as a chemical analysis laboratory assistant in the chemical laboratory of the spinning shop of nylon production (case file 47).
According to the order.... from DD.MM.YYYY No. to Ekshibarova (Ivacheva) I.A. assigned the position of chemical analysis laboratory assistant (servicing the spinning shop of nylon production) 3rd category (case file 38-39-40).
Based on the order...., with DD.MM.YYYY Eshkibarova I.A. transferred to permanent work as a chemical analysis laboratory assistant serving the spinning shop of nylon production (case file 48).
Based on the minutes of the meeting of the qualification commission from DD.MM.YYYY No., Eshkibarova I.A. assigned the profession of chemical analysis laboratory assistant 4th category, there is an order for transfer from DD.MM.YYYY (case sheet 49,51-52).
By order.... from DD.MM.YYYY No.k, on the basis of order-resolution No.k from DD.MM.YYYY and VVK certificate No. from DD.MM.YYYY, additional prenatal leave was granted with preservation of average earnings to chemical analysis laboratory assistant Eshkibarova I.A. T.No. from DD.MM.YYYY to DD.MM.YYYY (case file 41).
According to the order.... from DD.MM.YYYY No.k, employees of the central laboratory of the association and the quality control department servicing the production were transferred to the staff of nylon production from DD.MM.YYYY (case file 37).
According to the staffing schedules of workers for DD.MM.YYYY., DD.MM.YYYY DD.MM.YYYY - chemical analysis laboratory assistants were included in the staff of the chemical laboratories of the workshops of the chemical production laboratories, the site numbers are indicated - 44.51.
From the copies of orders submitted to the case materials regarding the plaintiff’s movements, the assignment of ranks to her, the work area is indicated - 51 (case sheets 47-50).
From the personal card of the plaintiff Ivacheva (Eshkibarova) I.A. it follows that from DD.MM.YYYY the plaintiff worked in the central laboratory of the association as a laboratory assistant for the chemical analysis of nylon production, with DD.MM.YYYY in the central laboratory of the association as a laboratory assistant for the chemical analysis of the spinning shop of nylon production according to DD.MM.YYYY (case file 45 -46).
According to the presented documents and historical information, in DD.MM.YYYY the structure of the production association "Khimvolokno" included the central laboratory of the association, which included groups: control and analytical, research group for the production of viscose fiber, research group for the production of cellophane film, research group for the production of cord and technical synthetic threads, research group for textile, textured and polypropylene synthetic threads, group for control of synthetic fiber production, control of viscose production, control of ZSV production, control and analytical group of ZSV, research group of ZSV. The structure included a synthetic fiber plant, nylon production, which included a chemical shop, a spinning shop, a twisting shop, a synthetic fiber shop, and there was also a cellophane shop. In DD.MM.YYYY, the synthetic fiber plant was separated from the association into an independent production structure. DD.MM.YYYY State Property Management Committee....registered the association.... According to the charter....registered by resolution of the administration.... dated DD.MM.YYYY No., the enterprise was engaged in the production, including chemicals fibers, nylon carded, polypropylene fabrics, cellophane film. In DD.MM.YYYY the structure.... included a central laboratory (case sheets 55-64).
Witness FULL NAME10 explained that she worked with the plaintiff in.... in the period from DD.MM.YYYY to DD.MM.YYYY as a chemical analysis laboratory assistant in the spinning shop laboratory of nylon production. She and Ivacheva worked in different shifts. The laboratory was located on the workshop territory and consisted of a separate room with laboratory equipment. They were constantly in the laboratory, conducting tests that varied in duration. They did not go to the central laboratory. A chemical analysis laboratory assistant works only in a laboratory. The analysis results were used to adjust the technological process. The work schedule at the enterprise from DD.MM.YYYY to DD.MM.YYYY was as follows: three days in a row for 8 hours - working days, after night shifts 2 days off. Due to the preferential length of service, they worked fewer days per month. Air circulation in the laboratory was the same as in the workshop. When the ranks changed, an entry was made in her work book. In DD.MM.YYYY, the pension fund assigned her an old-age pension ahead of schedule, while the period of time that is being disputed in this court hearing was undeniably included by the defendant in her benefit period.
Witness FULL NAME11 explained that she and the plaintiff worked in.... in the laboratory of the chemical workshop as chemical analysis laboratory assistants. During the period from DD.MM.YYYY to DD.MM.YYYY, she and the plaintiff worked in the same premises. The chemical and spinning shops are located in the same production area. A chemical analysis laboratory assistant could only work in a laboratory. For harmful working conditions, they were given milk and given long vacations. After DD.MM.YYYY, the working conditions did not change. Changes were made to the work book due to a decrease in rank. The plaintiff worked both day and night shifts.
Witness FULL NAME12 explained that she worked with the plaintiff in.... with DD.MM.YYYY. She worked in the spinning shop of nylon production, where Ivacheva also worked as a laboratory assistant. The workplace was in a chemical shop. There were several workshops in one room, all laboratory assistants were in one room. The laboratory assistant worked only in the laboratory. During the period from DD.MM.YYYY-DD.MM.YYYY, the nature and working conditions at the enterprise did not change, the enterprise was undergoing reorganization, only the ranks changed. The work schedule was as follows: 3 days on, 2 days off. Milk was given out for harmful working conditions, and an additional three days of vacation were provided.
The testimony of witnesses and the information contained in their work records confirms the fact of conscientious work with the plaintiff.
Taking into account the above circumstances, the court comes to the conclusion that the employment of Ivacheva I.A. in the workshop chemical laboratory was confirmed at the court hearing.
The disputed period is subject to inclusion in the plaintiff’s special experience.
In particular, the entire period of Ivacheva I.A.’s presence should be included. on maternity leave. In connection with the adoption of the Law of the Russian Federation of September 25, 1992 No. 3543-1 “On Amendments and Additions to the Labor Code of the RSFSR” Art. 167 of the Labor Code of the RSFSR was set out in a new edition, which excluded the inclusion in the special work experience when deciding on the assignment of a labor pension to the period when a woman was on maternity leave when she reached the age of 3 years. The plaintiff's child was born DD.MM.YYYY, which is confirmed by the birth certificate (case file 10). Parental leave began in DD.MM.YYYY DD.MM.YYYY, that is, before changes were made to labor legislation, in connection with which it is subject to inclusion in the plaintiff’s special experience.
According to the Rules for calculating periods of work, which gives the right to early assignment of an old-age pension in accordance with Art. 27, 28 Federal Law “On Labor Pensions in the Russian Federation”, approved by the Decree of the Government of the Russian Federation of July 11, 2002. No. 516, in case of early assignment of an old-age labor pension, periods of work that were performed continuously during a full working day are counted toward the length of service in calendar order; Educational leave, unpaid leave, administrative leave, periods of downtime (both due to the fault of the employer and the fault of the employee) that occurred during all periods included in the special length of service are excluded from the length of service for the relevant types of work, when applying for early leave. assignment of a labor pension after July 25, 2002.
In accordance with the codifier of types of payments and deductions.... from DD.MM.YYYY to DD.MM.YYYY, code 040 - payment of student leave for the current month, 047 - student leave for the next month (case file 172).
From the presented payslips for DD.MM.YYYY DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY it follows that during the specified period of time the plaintiff was on student leave, which is not disputed plaintiff. Student leave cannot be included in special length of service. According to the pay slips, student leave, taking into account the fact that the pay slip for the year DD.MM.YYYY contains information about 8 days worked, will be 3 months 22 days.
Thus, the plaintiff’s special work experience should include the period from DD.MM.YYYY to DD.MM.YYYY as a chemical analysis laboratory assistant for servicing the spinning shop of nylon production in the Central Laboratory.... (from DD.MM.YYYY – . ...) in the amount of 5 years 3 months 08 days.
According to the decision of the pension fund dated DD.MM.YYYY, the defendant counted 4 years 8 months 22 days into the plaintiff’s special work experience.
When the disputed periods are included in the special period of service, which gives the right to early assignment of an old-age labor pension, the total duration of the special period of service will be 10 years (5 years 3 months 8 days + 4 years 8 months 22 days). Taking into account the age of the plaintiff at the time of applying to the pension authority, her insurance experience (26 years 2 months 4 days), there are grounds for assigning a pension on the grounds provided for in clause 1, clause 1, article 27 of the Federal Law No. 173-FZ “On labor pensions in the Russian Federation."
The assignment of a pension is of a declarative nature, since in accordance with paragraphs 1, 2 of Article 19 of the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, a labor pension (part of 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. The day of application for a labor pension (part of a labor pension) is considered to be the day the body providing pensions receives the corresponding application with all the necessary documents.
Ivacheva I.A. applied to the Pension Fund Administration in Barnaul with an application for the early assignment of a labor pension DD.MM.YYYY, the pension is subject to assignment from DD.MM.YYYY (once the plaintiff reaches the age of 45).
Decided:
Claims of Ivacheva I.A. partially satisfy.
Recognize the decision of the State Administration of the Pension Fund of the Russian Federation in Barnaul No. dated DD.MM.YYYY on the refusal to grant an early retirement pension to I.A. Ivacheva. illegal.
To oblige the state institution, the Office of the Pension Fund of the Russian Federation in Barnaul, Altai Territory, to include I.A. Ivacheva in the special work experience. period of work from DD.MM.YYYY to DD.MM.YYYY as a chemical analysis laboratory assistant for servicing the spinning shop of nylon production in the Central Laboratory.... (from DD.MM.YYYY - .... in the amount of 5 years 3 months 8 days.
Oblige the state institution Office of the Pension Fund of the Russian Federation in Barnaul, Altai Territory, to appoint Ivacheva I.A. early retirement pension in accordance with paragraph 1, paragraph 1 of Art. Federal Law “On Labor Pensions in the Russian Federation” with DD.MM.YYYY
To collect from the State Administration of the Pension Fund of the Russian Federation in the city of Barnaul, Altai Territory, in favor of Ivacheva I.A. legal expenses in the amount of.... rub. .... cop..
The decision can be appealed to the Altai Regional Court within 10 days from the date of issuing a reasoned decision through the Central District Court of Barnaul.
Judge of the Central
District Court.... L.S. Varnavskaya
Court:
Central District Court of Barnaul (Altai Territory)Judges of the case:
Varnavskaya Lyudmila Sergeevna (presiding judge)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.
IN THE NAME OF THE RUSSIAN FEDERATION
Komsomolsky District Court of Tolyatti, Samara Region
consisting of:
presiding judge Zakharevskaya M.G.
under secretary V.V. Zorina,
Having considered in open court with the participation of the plaintiff Zhuravleva I.I., the representative of the plaintiff Solovyeva E.Yu. (power of attorney No. ... dated..., warrant No. ... dated... in the case), representative of the defendant Ryabova I.L. (power of attorney non-native dated...)
civil case based on the claim of Zhuravleva I.I. to the State Institution - the Administration of the Pension Fund of the Russian Federation in the Komsomolsky district of Tolyatti on the recognition of the right to early assignment of an old-age pension and the inclusion of periods of work in the special length of service giving the right to early assignment of an old-age labor pension,
INSTALLED:
Zhuravleva I.I. filed a lawsuit against the State Institution - the Administration of the Pension Fund of the Russian Federation in the Komsomolsky district of Tolyatti for recognition of the right to early assignment of an old-age pension and the inclusion of periods of work in the special length of service giving the right to early assignment of an old-age pension.
By decision of the commission on pension issues of the State Administration - Office of the Pension Fund of the Russian Federation in the Komsomolsky district of Tolyatti No. ... dated ... she was denied a pension before reaching the generally established retirement age. The special length of service for granting a pension did not include the periods of her work: from 08/01/1999 to 10/31/2002 as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the central laboratory for research and technical control of workshop No. ... OJSC "..."; from 01.11.2002 to 16.05.2017 - as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the technical control department of workshop No. ... of OJSC "...".
Considering this decision of the territorial pension authority to violate her right to pension provision, the plaintiff asked the court to oblige the defendant to include in the length of service giving the right to an old-age pension the period from 01.08.1999 to 31.10.2002 as a chemical analysis laboratory assistant air service group of the sanitary laboratory of the central laboratory for research and technical control of workshop No. ... of OJSC "..."; from 11/01/2002 to 01/02/2017 as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the technical control department of workshop No. ... of OJSC "...", and assign her an early retirement pension in old age from the moment she reaches the age of 50 years, i.e. from 01/02/2017
At the court hearing, the plaintiff supported the claim, adding that she provided a certificate to the State Institution - UPF of the Russian Federation in the Komsomolsky district of Togliatti, clarifying the nature of the work or working conditions, work in which is counted as a special length of service, giving the right to an early retirement pension in connection with special working conditions No. ... dated ..., issued by OJSC "...". She (the plaintiff), as a laboratory assistant for chemical analysis of the air service group of the sanitary laboratory of the central laboratory of workshop No. ... "...", performed the following types of work: monitored harmful substances in the air of production premises and the atmospheric air at the industrial site of the enterprise (on a shift basis work schedule). Control was carried out in all production workshops of OJSC "...", when harmful substances of hazard classes 2 and 4 (ammonia, urea dust, methanol, formaldehyde) were monitored. The laboratory assistant’s responsibilities also include unscheduled sampling of harmful substances in emergency situations at the enterprise. After selection, the analyzes are carried out in the laboratory using concentrated acids and alkalis belonging to hazard class 2. Analytical control schedules are coordinated with Rospotrebnadzor. As a laboratory assistant, she (the plaintiff) was provided with milk coupons, additional leave, and, if necessary, therapeutic and preventive nutrition, because worked in hazardous working conditions.
The representative of the defendant did not admit the claim, pointing out that the documents submitted for verification by the plaintiff did not contain sufficient information to confirm the fact of the work of I.I. Zhuravleva. in special working conditions and counting the disputed period into special length of service, therefore, an old-age labor pension should be assigned to the plaintiff on a general basis, and the organization is recommended to revoke the certificate clarifying the nature of the work as unreasonably issued.
The third person, a representative of OJSC Togliattiazot I., in a written petition, asked to consider the case on the merits without her participation, in which she indicated that Zhuravleva I.I. a certificate No. ... dated ... was issued, clarifying the nature of the work or working conditions, work in which is counted as a special length of service, giving the right to early assignment of an old-age pension in connection with special working conditions: in the profession (position) laboratory assistant for chemical analysis of the air service group of the sanitary laboratory of workshop No. ... from... year, order No. ... from... to... year, List No. 2, section X, subsection A, item 2110A030 -1754b; in the profession (position) of a chemical analysis laboratory assistant of the air service group of the sanitary laboratory of workshop No. ... of..., order No. ... from... to..., List No. 2, section X, subsection A, position 2110A030-1754 b; in the profession (position) of a chemical analysis laboratory assistant of the air service group of the sanitary laboratory of the central laboratory for research work and technical control of workshop No. ... s... g., order No. ... from... to... g. , List No. 2, section X, subsection A, item 2110A030-1754 b; in the profession (position) of a chemical analysis laboratory assistant of the air service group of the sanitary laboratory of the technical control department No. ... of..., order No. ... from... to..., order No. ... dated..., List No. 2, section X, subsection A, item 2110A030-1754 b. Employment contract with I.I. Zhuravleva terminated... g. (ld. 142).
The court, having heard the explanations of the participants in the process, questioned the witnesses, and examined the case materials, considers the claim of Zhuravleva I.I. justified and subject to satisfaction.
According to Art. 39 of the Constitution of the Russian Federation, everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (Part 1); state pensions and social benefits are established by law (Part 2).
Old age insurance pension in accordance with paragraphs. 2 p. 1 art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” (hereinafter referred to as Law No. 400-FZ) is assigned to women upon reaching the age of 50, if they have worked in jobs with difficult working conditions for at least 10 years and have insurance experience of at least 20 years. 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 reduction in the age provided for in Article 8 of the said Federal Law by one year for every 2 years of such work.
In order to implement Art. 30 and 31 of Law No. 400-FZ, the Government of the Russian Federation adopted decision No. 665 of 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 rules for calculating periods of work (activity) giving the right to early pension provision" (hereinafter referred to as Resolution No. 665).
In accordance with paragraphs. b clause 1 of Resolution No. 665, when determining the length of service in relevant types of work for the purpose of early assignment of an old-age insurance pension, List No. 2 of industries, works, professions, positions and indicators that give the right to preferential benefits is applied to persons who worked in jobs with difficult working conditions pension provision, approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 (hereinafter referred to as List No. 2 dated January 26, 1991). List No. 2 dated January 26, 1991 was compiled by industry and profession, therefore the right of a particular employee to early pension provision is determined depending on what industry and profession he is employed in. The list is exhaustive and is not subject to broad interpretation.
Calculation of periods of work giving the right to early assignment of an old-age insurance pension in accordance with paragraphs. 2 p. 1 art. 30 of Law No. 400-FZ, is carried out using the Rules for calculating periods of work that give the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of Federal Law No. 173-FZ “On Labor Pensions in the Russian Federation” (hereinafter referred to as Law No. 173-FZ), approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516.
To confirm the length of service in the relevant types of work, the plaintiff presented: a work book and a certificate clarifying the nature of the work for the following periods of work: from 03/26/1986 to 05/16/2017 as a chemical analysis technician in the air service group of workshop No. ..., No. ..., No. ... p/o "..." (ld. 124-126, 142), certificate No. ... dated... issued by OJSC "..." in accordance with List No. 2 dated 08.22.1956 No. 1173, section XI, subsection 2, according to which the plaintiff worked in the profession (position) of a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the central laboratory for research and technical control of workshop No. ... s. .. g., order No. ... from... to... g., List No. 2, section X, subsection A, position 2110A030-1754 b; in the profession (position) of a chemical analysis laboratory assistant of the air service group of the sanitary laboratory of the technical control department No. ... of..., order No. ... from... to..., order No. ... dated..., List No. 2, section X, subsection A, item 2110A030-1754 b (case sheet 26-28).
In accordance with Section XI “Chemical Production” of List No. 2 of August 22, 1956, No. 1173, the subsection “Auxiliary Work” provides for air services laboratory workers without specifying their functional responsibilities.
The right to provide explanations on the procedure for applying Lists No. 1 and No. 2, approved in 1956, was granted by the Council of Ministers of the USSR to the State Committee for Labor of the USSR, which explained that subsection 2 of Section XI provides for employees of air service laboratories, whose main responsibility is monitoring the state of the air environment in workshops and production, and the air basin at enterprises, as well as air pollution from emissions from the technological process.
Since... the old-age labor pension for workers employed in jobs with difficult and harmful working conditions is assigned according to the List of professions and positions provided for in Lists No. 1 and No. 2 of jobs, professions, positions and indicators that give the right to preferential pension provision , approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991. The lists are compiled by production, therefore the right of a particular employee to early pension provision is decided depending on the production in which he is employed.
In accordance with current legislation, the right to early assignment of a labor pension in accordance with Section X “Chemical Production” of List No. 2 is enjoyed by employees engaged in the production of certain products and in certain types of work. The right to early pension provision in accordance with List No. 2 (section X, subsection “A”) is also enjoyed by workers engaged in air control both in the production of products on List No. 1 and in the production of products on List No. 2.
Workers, managers and specialists of the air laboratory acquire the right to early retirement if they are constantly engaged in monitoring air in workshops, areas and departments of the chemical and petrochemical industry where chemical products are produced.
Thus, the right of laboratory workers to early retirement depends on the status of the laboratory, which is determined by their functional activities and depending on what production and work the employee was engaged in.
From the case materials it follows that by certificate No. ... dated... the employer classifies the plaintiff’s position as List No. 2, namely: from 08/01/1999 to 05/16/2017 – List No. 2, section X, subsection A, position 2110A030-1754 b – workers engaged in monitoring the air environment in chemical production facilities listed in List No. 1 and List No. 2. The right to early assignment of an old-age pension in accordance with section X “Chemical production” is enjoyed by permanently employed employees in the production of certain products and certain types of work.
Position 2110A030-1754b List No. 2 does not contain a direct indication of the profession and the inclusion of the employee in the staffing table of a separate chemical production listed in List No. 1 and List No. 2, but provides for the permanent employment of the employee monitoring air in workshops, areas and departments of the chemical and petrochemical industry, where chemical products are produced.
From the Resolution of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 29 “On approval of the clarification “On the procedure for applying Lists of production, work, professions, positions and indicators, giving in accordance with Articles 12, 78 and 78.1 of the Law of the RSFSR “On State Pensions in the RSFSR” the right to an old-age pension in connection with special working conditions and to a pension for long service" (together with the explanation of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 5), agreed upon with the Ministry of Social Protection of the Population of the Russian Federation and the Pension Fund of the Russian Federation, the following is seen : according to clause 7, the right to a pension in connection with special working conditions is enjoyed by all workers, regardless of the names of professions and positions, employed in the technological process of production or in individual jobs, if in the Lists these productions and works are indicated without listing the names of professions and positions of workers.
Decree of the Government of the Russian Federation dated July 11, 2002 No. 516 approved the Rules for calculating periods of work giving the right to early assignment of an old-age pension in accordance with Art. Art. 27, 28 of the Federal Law “On Labor Pensions in the Russian Federation”.
By virtue of clause 4 of these Rules, the length of service that gives the right to early assignment of an old-age labor pension includes periods of work performed during a full working day, unless otherwise provided by the Rules or other regulatory legal acts, subject to payment of insurance for these periods contributions to the Pension Fund of the Russian Federation.
The court found that air groups (services) c. ... the sanitary laboratory is a structural division of OJSC "...", the main function of which is to control the air environment directly in the production shops of the enterprise and the atmospheric air at the industrial site of the enterprise.
From the contents of the instructions for the workplace of a chemical analysis laboratory assistant at the sanitary laboratory of OJSC "...", it follows that the work of a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of workshop No. ... is to measure the concentration of gases of harmful substances using a portable gas analyzer in accordance with the technological regulations and a schedule of analytical control at 8-10 sampling points located directly at the production of chemical products at all stages of each of the ten production units. The readings of the gas analyzer are determined on a special scale of the device and are recorded in a log on the central control panel of the production workshop. Thus, additional chemical analyzes are not required to measure the concentration of gases in the laboratory premises. In the laboratory premises, only preparation for operation and operation of the device is carried out (including the replacement of gas analyzer filters twice per shift).
In addition to carrying out planned work in accordance with the schedule, analysis of measuring the air environment is also carried out in an emergency in a special gas mask, when the concentration of harmful substances (ammonia, urea) is tens of times higher than permissible standards.
According to the schedule of analytical monitoring of the air environment and physical factors, the schedule of monitoring the air condition on the territory of the industrial site of the association, air analysis is carried out in the production shops of ammonia, urea, friit, liquid ammonia warehouse, etc., the identified harmful substances are methanol, formaldehyde, dust urea, NH3, SO2, CO, NO2.
From the Order of the Ministry of Health and Social Development of the Russian Federation dated March 31, 2011 No. 258n “On approval of the Procedure for confirming periods of work giving the right to early assignment of an old-age pension” follows the following.
According to clause 4, in cases where data is needed on the nature of the work and other factors (indicators) that determine the right to early assignment of an old-age pension, established for certain types of work (activities), for example, on employment in underground work, on the performance of work in a certain way, about working with hazardous substances of certain hazard classes, about performing work in a certain place (locality) or structural unit, about the status of a populated area, about fulfilling working time standards (teaching or educational load), etc., to confirm periods of work are accepted certificates, as well as other documents issued by employers or relevant state (municipal) bodies.
According to clause 12, periods of work that give the right to early assignment of an old-age labor pension, in a certain profession, position or in production, where the right to early assignment of an old-age labor pension is established regardless of the nature of the work, on the territory of the Russian Federation before the citizen is registered as the insured person may be established on the basis of testimony if work documents are lost due to natural disasters (earthquake, flood, hurricane, fire, etc.), in the manner prescribed by Section V of the Rules for calculating and confirming the insurance period for establishing labor pensions , approved by Decree of the Government of the Russian Federation dated July 24, 2002 No. 555.
Certificate No. ... dated ..., clarifying the nature of the work or working conditions, work in which is counted as a special length of service, giving the right to an early retirement pension in connection with special working conditions, issued by the administration of OJSC "..." on the basis of the Regulations on the workshop, the job description for the workplace of a chemical analysis laboratory assistant (1999-2016), the staffing table (1999-2016), the T-2 form card, the order book (1999-2016). g.), personal wage accounts for 1999-2017, and contains all the necessary grounds confirming the fact of working as a laboratory assistant for chemical analysis of the air group (service) of a sanitary laboratory in special working conditions and full-time employment in chemical production.
Since the plaintiff carried out work in hazardous production, in accordance with Art. received additional paid leave, joint part of the additional tariff for List No. 2.
In connection with the harmful and dangerous production in which the plaintiff worked, workers were required to use personal protective equipment in accordance with workplace instructions, established standards and the nature of the work performed, which is confirmed by the testimony of witnesses E., K.
Thus, the plaintiff’s labor activity as a laboratory assistant for chemical analysis of the air service group of the sanitary laboratory of the central laboratory for research and technical control of workshop No. ... OJSC "..." from 01.08.1999 to 31.10.2002, from 01.11 .2002 to 01/02/2017 as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the technical control department of workshop No. ... was held in special conditions, that is, directly in the production of chemical products listed in List No. 1 and List No. 2 .
Since, taking into account the periods of work included by the court, by the time the case was considered in court on the assignment of an early pension, the plaintiff had the necessary experience in special activities of at least 10 years and insurance (labor) experience of at least 20 years, the court has legal grounds to satisfy the requirements Zhuravleva I.I. on the assignment of a pension from the moment of reaching the age of fifty, i.e. from 01/02/2017
The defendant did not provide evidence to refute the employment of the plaintiff during the disputed periods in hazardous working conditions for at least 80% of the working time.
Based on the above, guided by art. Art. , 56, 194- , court
DECIDED
Claim by Zhuravleva I.I. - to satisfy.
Include in the length of special labor activity of Zhuravleva I.I., which gives the right to grant an early old-age pension, the periods: from 08/01/1999 to 10/31/2002 as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the central laboratory for research work and technical control of workshop No. ... of JSC "...";
from 01.11.2002 to 02.01.2017 as a chemical analysis laboratory assistant in the air service group of the sanitary laboratory of the technical control department of workshop No. ... of JSC "...".
Assign a pension to Zhuravleva I.I. from 01/02/2017
The decision can be appealed to the Samara Regional Court through the Komsomolsky District Court of Tolyatti, Samara Region, within a month from the date the court decision was made in final form.
Judge M.G. Zakharevskaya
The reasoned part of the decision was made on May 30, 2017 in a single copy and is the original.
Judge M.G. Zakharevskaya
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