Law on retirement. Preferential pension - conditions for receiving it

For children
08.09.2019

The retirement age for women is 55 years, for men – 60. Current legislation Russian Federation is undergoing further changes. The fact is that our country, like many European countries actually became a hostage of progress and bad demographic situation. Many European countries have raised the bar quite a long time ago retirement age for its residents, and Russia is one of the last to do this.
Now the relationship between citizens and the state in these matters is regulated by two laws:
1. No. 166 – Federal Law of the Russian Federation dated December 15, 2001. The law is called “On State Pension Security”
2. No. 173 – Federal Law of the Russian Federation dated December 17, 2001. The law is called “On Labor Pensions”
According to these two laws, the retirement age for women is set at 55 years, and the retirement age for men is 60 years. This means that when a woman reaches 55 years of age, she can resign from the organization where she works due to old age retirement. It should be noted that there have been no changes to the old age pension rules since 1932.

Right to early retirement

According to the legislation of the Russian Federation, for some categories of citizens, retirement is provided earlier than when they reach 55 years of age. This:

  1. going on vacation at the age of 45 - if the work was related to hazardous production or the employee was involved in underground work, etc. hot shops. This condition applies if the employee has 15 years of insurance experience;
  2. going on vacation at the age of 50 - if the work was associated with difficult working conditions. This rule applies if the employee has 10 years of experience related to such conditions and 20 years of total experience;
  3. going on vacation at the age of 50 - if the employee’s work was associated with increased complexity and intensity of work. This is a profession like an aircraft dispatcher. To have the right to apply this condition, the employee must have 10 years of experience in the profession, in addition, the woman must have total experience 20 years old;
  4. The retirement age for women may be reduced if her work was related to increased danger. This is, for example, work in a flight test crew lasting 20 years;
  5. early departure of female workers for vacation in Russia can be carried out when she reaches 25 years of teaching experience;
  6. Another reason why a woman has the right to go on vacation at the age of 50 is the birth and upbringing of children up to the age of 8 years. This condition applies if such workers have a total length of service of 15 years;
  7. early retirement can also be carried out by women workers in the harsh conditions of the north or due to disability and rare diseases;
  8. going on vacation earlier if a woman is the parent of a disabled child, who raised such a child up to 8 years old.

New rules and dependence on payments

Application for a pension Until recently pension benefit consisted of two parts - savings and insurance. Moreover, the main one was the insurance part of the security, which directly depended on length of service employees and the amount of deductions of insurance premiums. The savings account could be transferred to a non-state pension fund or left for savings in the Pension Fund of the Russian Federation.

However, since January 1, 2015, the structure of payments has remained essentially the same - the same insurance and savings parts, but their quality and essence have changed radically. What are the differences:
– Insurance part remained basic and in fact the only one;
– The funded part has actually turned into voluntary contributions by the employee or the employee’s employer;
– To receive monthly payments According to the new rules it is necessary:

  1. be over 55 years old;
  2. have insurance experience. Minimum 6 years. That is, a citizen has the right to demand an old-age pension be accrued to him, provided that he has been a payer of insurance contributions for at least 6 years. Moreover, over the next 10 years, the requirements for the minimum acceptable insurance period will increase, adding 1 year each year; in 2024, the insurance period for workers retiring in Russia will be 15 years;
  3. pension coefficient - IPC. This indicator is calculated in points. Points are awarded according to a certain method and their number is influenced by several factors: the size of the official salary, the length of the insurance period, the age of applying for a pension - the later a citizen retires, the higher his score will be and, accordingly, - larger size payments. At the same time, the cost of points will be revised annually by the Russian government in the direction of increasing them by the amount of official inflation.

In calculating the IPC, the leading role is played by the age of the woman retiring and her official salary. In other words, the state does not want the fact that a worker retires at the age of 55, so as not to start paying her security. Now it becomes very important at what age she actually exercises her right to retire and from what salary deductions were made to the Pension Fund of the Russian Federation.

In 2015, the minimum IPC must be no less than 6.6 points. Only if this condition is met will the citizen be assigned a monthly pension. In 2025, the minimum IPC should be 30 points.

Video: Should the retirement age be equalized?

Predictions for increasing age

Changes in legislation that came into force on January 1, 2015, regarding calculation rules pension provision citizens of Russia are nothing more than a veiled way of making an unpopular decision about a later time for people to retire than is stipulated by law. Fearing mass discontent among citizens, the Russian government is looking for ways to gradually and step-by-step introduce new rules.

In fact, all these changes are aimed at only one thing - to actually increase the retirement age. Moreover, judging by the amendments to the laws adopted by the government, such an increase will have a strong impact on weak field, since in order to retire, regardless of gender, the bar is set at 65 years.

Of course, for now, these are still just projects, but today the rules are already coming into force according to which female civil servants, when they can retire, are increasing to 65 years of age.

And starting from January 1, 1916, the payment of pensions to working pensioners is suspended in our country. True, this will not affect all categories of citizens, but only those whose income from work exceeds the level of 83 thousand rubles/month. Whether this rule will affect all other citizens in future years is not yet known.

Thus, summarizing all of the above, we can say that the age of female workers in our country when they can exercise their right to leave work in connection with retirement, although it has not been adjusted and is 55 years old, is due to latest changes in the rules for calculating collateral for citizens - has actually increased and will continue to increase.

At the state level, it is assumed that there is social support all citizens of the Russian Federation who have reached of a certain age. But it should be remembered that in some cases early retirement is possible. To implement this procedure, some important conditions must be met.

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Who is eligible

The Early Retirement Law allows you to receive appropriate cash payment until reaching a certain age.

It differs for women and men:

At the moment, there are about 30 different categories of persons who, according to current legislation eligible for early retirement.

Moreover, in most cases, the fundamental reason is the extremely difficult and stressful conditions of implementation. labor activity. Therefore, premature loss of working qualities and deterioration of health occur.

First of all in this category include citizens who carry out their labor activities in the territory Far North, areas equated to it. Also a hot worker experience is coming Those who carry out all the work underground are miners and other specialists.

There may be other reasons for premature retirement. They are connected precisely with the social vulnerability of citizens.

  • are parents of many children;
  • those who became unemployed due to layoffs at the enterprise or its complete liquidation;
  • disabled people or educators of disabled children.

But even in such cases, there are a number of certain conditions, the fulfillment of which is strictly necessary. For example, early retirement mother of many children has the right to leave only in the case of the birth of 5 or more children.

At the same time, the process of education itself must last at least 8 years. At the same time, it is necessary to have work experience.

But its value must be at least 15 years. Premature retirement can only be done after age 50. In this case, a coefficient of more than 30 is required.

Moreover, if you have 12 years of experience in the Far North, and your total work experience is 20 years, early retirement is possible after the birth of only 2 children.

The state is quite loyal to various vulnerable segments of the population. Availability various kinds nuances reduces to a minimum the likelihood of fraud with pension savings, early exit to retire.

Conditions for this

For early retirement, a fairly extensive list of various conditions must be met.

Upon reaching a certain age, as well as completing their length of service, the following categories of persons have the right to retire early:

  • disproportionate dwarfs;
  • visually impaired;
  • disabled as a result of injury during military service.

IN mandatory early pension is assigned to citizens who raise a disabled person from childhood until they reach the age of 8 years.

In this case, the retirement age for parents is reduced by as much as 5 years:

It must be remembered that the mother has the right to transfer her right to retirement to her husband. In this case, his retirement age will begin at 55 years old.

To implement this procedure, it will be necessary to submit a special application directly to Pension fund RF. Only if all conditions are met will it be possible to implement a procedure of the type in question.

What documents are needed?

To apply for the type of pension in question, you will need to contact directly the branch of the Pension Fund of the Russian Federation.

Moreover, it is obligatory at the place of registration of the potential pensioner himself. Finding the address of the location of this institution is quite simple. This can be done via the Internet, on the official website of the Pension Fund.

To receive the type of pension in question, it will be necessary to collect the following package of documents:

  • passport of a citizen of the Russian Federation;
  • photocopies of all pages of the passport of a citizen of the Russian Federation - mandatory notarized;
  • work book - if you have one;
  • military ID or a document replacing it;
  • certificates of average wages for the last 5 years.

The entire set indicated above is basic. Depending on the reason for early retirement, as well as various other FIUs, other documents may be required.

They may be:

  • confirmation of the disability group;
  • confirmation of being a dependent of any family member;
  • confirmation of the appropriate amount of work experience;
  • certificate of residence in the Russian Federation, availability of work - as well as outside Russia;
  • certificate of change of surname or other passport data;
  • the result of a medical examination confirming the assignment of visual disability, as well as the presence of any serious illness;
  • about the fact of the birth of a child of a certain category and his upbringing until he turns 8 years old;
  • about belonging to national minorities of the Peoples of the North, confirmation of activities in the Far North.

Other documents may be required. Full list everything necessary always depends on the specific reason for early retirement.

Early retirement for men at 58 years old

Today, early retirement is possible for men at age 58 or even earlier. But usually this is possible based on professional criteria. Some professions imply the fact of reducing the retirement age limit.

Currently, legislation includes the following types of professions:

  • teachers and other teaching staff;
  • employees of various medical institutions - state ones;
  • theater actors, as well as various types of entertainment workers;
  • employees of locomotive maintenance crews, as well as drivers trucks in underground mines;
  • employees of teams of machine operators operating in ports during all kinds of loading operations;
  • performing work on ships;
  • city ​​passenger transport managers;
  • carrying out mining operations full-time;
  • workers carrying out regular flights on civil aviation vessels;
  • workers of the Ministry of Emergency Situations, fire service.

It should be borne in mind that in order to retire, all the above categories of persons must meet certain conditions.

These include the following:

  • having a certain amount of work experience in production;
  • availability of insurance-type experience;
  • a certain age.

A separate category of citizens who retire early are those who were directly involved in conducting flight tests as part of the flight crew. Moreover, regardless of the type of aircraft - airplanes, space rockets, other.

But it is necessary to have:

  • pension coefficient of 30;
  • the amount of ordinary civil service:

When contracting

A separate category of citizens are those who retire early due to layoffs. This moment approved at the legislative level - Federal Law No. 1032-1 of April 19, 1991.

But in in this case It is also necessary to fulfill certain conditions in order to receive a pension of the type in question. All of them are reflected in the above-mentioned regulatory document.

These conditions today include the following:

  • if the reduction procedure itself for any reason was implemented immediately before retirement - within 2 years;
  • if a laid-off citizen has already fully completed work experience, this parameter is primarily determined by working conditions (those who worked in the Far North go on vacation faster than others);
  • The employment service employees themselves directly apply to the Pension Fund of the Russian Federation for a specific applicant due to the lack of suitable work for him.

In this case, it is necessary to focus specifically on the length of service that corresponds to the working conditions.

To obtain the status of a citizen who has the right to retire earlier than the period established in the standard case, it will be necessary to contact the employment service. This institution will necessarily issue a special certificate.

After this, all the necessary documents are collected and transferred directly to the Pension Fund of the Russian Federation at the location permanent registration citizen. Installed month period to apply for registration early retirement.

Upon dismissal by agreement of the parties

One of the forms of termination employment contract is possible if there is an appropriate agreement between the parties - the employee and the employer.

This procedure has some peculiarities. It should be remembered that having signed an agreement of this type, the employee no longer has the right to revoke it. This will only be possible with the appropriate consent of the employer himself.

Dismissal due to downsizing or liquidation of an enterprise implies large number various guarantees. First of all, this concerns severance pay, as well as the opportunity to retire before reaching a certain age.

At the same time, dismissal by agreement of the parties does not imply this - it is necessary to remember this fact.

It often happens that an employer simply wants to force his employee to sign a resignation letter. at will, by agreement - just wanting to save money.

Since the agreement itself does not imply the fulfillment of any obligations from the employer. The conditions for terminating an employment agreement in such situations are not always beneficial.

Therefore, if there are 2 years or less left until retirement, there are no special prospects - you should seek a reduction. Because this is the only way to retire early.

If the employer puts pressure on his employee, he will need to contact the labor inspectorate or court. This way the problem can be resolved.

The specified list of requirements is enshrined in law “About insurance pensions”, but they are being introduced gradually. To receive an old-age insurance pension, 15 years of insurance experience will be required for those leaving for retirement holiday after 2024. For 2016, the insurance period is 7 years, for 2017 - 8 years, for 2018 - 9 years and then until 2024 on an increasing basis.

In the complete absence of work experience (or lack of work experience necessary for appointment) instead of insurance pension payment Social pensions may be awarded.

  • persons aged 65/60 years, as well as citizens of other states and stateless persons who have lived in Russia for at least 15 years and have reached the above age;
  • citizens from among the peoples of the North aged 55/50 years, permanently residing in the regions of the Far North and equivalent to it on the date of establishment of the pension.

Is it possible to retire before retirement age?

Due to the nature of some jobs, pension benefits may be assigned earlier than the generally accepted age. Possibility of retirement earlier deadline provided in the following cases:

  • When working in industries with difficult or harmful working conditions (for example, in hot shops). The list of specialties that allow manufacturing to be classified in this category is fixed by law. Such citizens have every right retire for 5 years earlier, and in some situations - by 10.
  • If the employee worked on the territory Far North, preferential pension provision is established earlier for 5 years. And if the work was carried out in the specified territories in production with difficult or harmful working conditions, then there is the opportunity to take advantage of a double benefit - to reduce the retirement age according to two criteria at once.
  • For health reasons - this right is available to citizens who have a disability in the manner prescribed by law.
  • If a citizen is recognized unemployed provided that the employment service does not have the necessary vacancies and the ability to employ this applicant.

The right to early assignment of a labor pension

Some persons, defined by the legislation of the Russian Federation, have the right to early retirement. In particular, the following can count on it: professional categories of citizens:

  • public transport drivers;
  • miners and other specialties of workers employed in the mining industry;
  • health workers;
  • women men who are part of the crew different types ships;
  • teaching staff;
  • persons engaged in creative activities.

The right to take early retirement is also granted to a number of categories of persons, regardless of their work activity, for example, mothers of many children, certain categories of disabled people and citizens with certain diseases. This opportunity also exists for northerners, that is, for persons who worked or lived certain period time in the Far North.

Preferential pension due to disability (List 1 and 2)

There are two fairly large lists that list industries, professions and positions that provide the opportunity to retire early. List No. 1 includes 22 such productions, and List No. 2 includes 32. But the difference lies not only in quantitative data.

List No. 1 contains a list of industries with the most difficult and harmful working conditions. This:

  • All types of work underground(geological exploration, extraction of minerals in mines and mines, laying subways and tunnels, etc.).
  • Job in hot shops(glassmaking, non-ferrous and ferrous metallurgy, production of ceramic products by firing, etc.).
  • Works with very harmful to health and severe working conditions associated with oil refining, production of electrical equipment, ammunition production, etc.

List No. 2 includes:

  • mining work(construction of tunnels and subways, mining open method minerals, etc.);
  • work in heavy and harmful conditions (food and light industry, production medical supplies, extraction of gas, peat, oil, etc.);
  • work in transport(railway, city, sea, aviation).

Reducing the retirement age

For men who have worked in professions from List No. 1 for at least 10 years and whose insurance experience is 20 years, the age for retirement is reduced to 50 years. Women on this List receive the right to early retirement in 45 years old, if you have 7.5 years of work experience in special hazardous production and 15 years of insurance experience. If employees worked in the above-mentioned industries for less than half of the annual working hours, then they are given a pension according to List No. 2.

According to List No. 2, early pension is granted to men in 55 years old(insurance experience - 25 years, hazard experience - 12.5 years), and for women - in 50 years(insurance experience - 20 years, "harmful" experience - 10 years). They are also entitled to receive preferential pension benefits medical workers(30 years of experience - in the city and in the countryside - 25 years), teachers of municipal educational institutions(with 25 years of experience).

List of individual professions that give the right to early retirement

In addition to the above professions and positions, the following have the opportunity to receive a preferential pension:

  • pilots;
  • firefighters;
  • parachutists;
  • logging and rafting workers;
  • ballet, theater and circus artists;
  • emergency responders.

Another industry that employs a huge number of people and which is worth special mention is construction. List No. 537, approved by the Government of Russia on July 18, 2002, includes both management positions and working specialties.

Groups of workers in construction have the right to legally receive early retirement:

  • brigade stonemasons and masons;
  • roofers and bitumen workers;
  • asphalt concrete paver operators;
  • foremen and foremen of construction and installation work.

Early pension for various social categories of citizens

The able-bodied category of the population was considered above, but there is also a certain list of people who have the opportunity to retire earlier established age- the right of these citizens is determined by social circumstances. These include:

  • Mothers of many children who gave birth and raised 5 children up to the age of eight, and at the same time they must have 15 years of work experience.
  • Parents of disabled children, whom they raised until they were eight years old. Early retirement comes 5 years earlier if you have work experience (15 years for mother, 20 years for father).
  • Guardians of disabled children, whom they supported and raised until they were 8 years old. They have the right to receive pension benefits 5 years earlier.
  • Persons who have become disabled due to war trauma and worked for 25 years - men, 20 years - women. They retire 5 years earlier.
  • Disabled people of the 1st group of vision with 15 years of experience for men and 10 years for women. They retire even earlier: at 50 years old - men, at 40 years old - women.
  • Citizens who are disproportionate dwarfs with a diagnosis of “pituitary dwarfism” having a working experience of 20 years for men and 15 years for women: men become pensioners at 45 years old, women at 40 years old.

Pension in the Far North and equivalent areas

Citizens who live in the regions of the North, and persons who previously worked in these areas, regardless of their current place of residence, are granted the right:

  1. on preferential insurance pension by age;
  2. on increase fixed payment to one of the types of pension insurance: old age, loss of a breadwinner or disability.

Early exit pension granted:

  • Citizens who worked in the North 15 years or 17 years old in areas that are equivalent to the northern ones. They can retire 5 years earlier with a total service of 25 years for men and 20 years for women.
  • Indigenous residents of the Far North who worked as commercial fishermen, hunters and reindeer herders for 25 years for men and 20 years for women. They retire 10 years ahead of schedule.
  • Women who gave birth to 2 children or more and worked for 12 years in the North or 17 years in an area equivalent to the northern ones, having a total experience of 20 years.

The fixed payment to the insurance pension increases by regional coefficient, which is established by the Government of the Russian Federation for the entire stay in these areas. When a citizen leaves their locality for another place of residence, the amount of pension provision is calculated without taking into account this coefficient.

Social pension for small peoples of the North

To establish social pension These citizens have certain conditions:

  • age 55/50 years for men and women, respectively;
  • belonging to the small peoples of the North.

On January 1, 2015, a new condition appeared - permanent residence in areas inhabited by indigenous peoples of the North.

To establish a social pension, a person must have a document that confirms his belonging to the small peoples of the North. Such a document is a passport or birth certificate, which indicates nationality. If this information is not in the documents, it is confirmed by a certificate issued by the community of indigenous small peoples of the North.

When this category of persons leaves for a new place of residence in an area that does not belong to the areas of residence of the indigenous peoples of the North, the payment of pensions is suspended, because right to this type social pension provision is considered lost.

Early old age pensions for unemployed citizens

Unemployed citizens can apply for pensions early if the a number of conditions:

  • V in the prescribed manner the employment center recognized the citizen as unemployed;
  • the employment service does not have the opportunity to employ a citizen;
  • the citizen was fired because the enterprise was liquidated or the activities of the individual entrepreneur ceased, the number or staff of workers was reduced;
  • availability of an employment center proposal for the early establishment of a pension for the unemployed;
  • insurance length of the unemployed: 20 and 25 years (for women and men, respectively) and, if necessary, experience in the relevant jobs;
  • minimum quantity pension points(in 2018 - 13.8 points);
  • reaching a certain age;
  • a person's application for early pension.

The Pension Fund of the Russian Federation issues an early pension to the unemployed at the request of the employment service and with the consent of the citizen no earlier than 2 years before the right to an insurance pension appears. preferential terms in the same number.

If the above circumstances occur, the old-age insurance pension will be established:

  • men with 58 years old at insurance experience 25 years old;
  • women with 53 years old with 20 years of experience.

When should I contact the Pension Fund for an appointment?

Registration of an early pension requires a careful approach from the pensioner. Timely Preparation necessary documents and certificates are the key to receiving a well-deserved pension without problems or delays.

Pension security is established from the date when the citizen applied for it, but not earlier than the right to receive security arose. The day of application is the date of receipt by the Pension Fund of all necessary papers along with the application. When sending them by mail, the day of circulation is the date on the postal stamp.

The fact of acceptance of documents is confirmed by a notification receipt issued to the person. If the documents are sent by mail, a receipt is either given in hand or also sent by mail. Missing documents must be submitted within 3 months from the date of application.

An early pension when an employee is laid off at pre-retirement age can be granted if no more than five years remain until retirement age. Other conditions listed below must also be met.

Everyone knows that in Russia you need to reach retirement age to retire. In 2019, it is 55.5 years for women and 60.5 years for men, but by 2023 the age will reach 60 and 65 years, respectively. In addition, appropriate work experience is also required. But what should a person do if he was fired before retirement due to staff reduction? Get a job new job many often do not have the opportunity, since employers, as a rule, need young staff. IN similar situation There is another way out - to retire earlier than the deadline. The Federal Law “On Employment of the Population in the Russian Federation” regulates the procedure for assigning early pensions in case of staff reduction in 2019.

Let us remind you that since 2019, the liability for employers who illegally dismiss pre-retirees or refuse to hire them has been tightened: a fine of up to 200 thousand, compulsory work of up to 360 hours or a prison term.

For general information

According to the law, people who are laid off due to staff reduction are retained their average monthly salary for the period of their employment. However, you must remember that this period is limited by time frame and cannot exceed two months (in exceptional cases– three months). Therefore, even if it was not possible to find a new job during this period, the payment of average monthly earnings by the former employer will still stop. After the specified two months, the dismissed employee is recognized as unemployed, and unemployment benefits begin to be paid to him (if he independently contacts the employment center). You can receive it within 12 months. In 2019, an increased unemployment benefit was established for pre-retirees - instead of 4,900 rubles, they will receive 11,280 rubles.

If a dismissed employee is near retirement age and has the necessary insurance coverage, the payment of benefits to him may be extended. For every year exceeding minimum experience, two weeks of unemployment benefits are due. Therefore, the higher the experience, the longer you can stay state provision. However, you need to remember that in general, for 3 years you can receive benefits in an amount no greater than the total for 2 years.

Early retirement due to staff reduction

In order for an early old-age pension to be granted when staffing is reduced, several conditions must be met:

  • Firstly, a citizen must have insurance experience: for pre-retirees, new reform it has been reduced to 42 years for men (from 45) and to 37 years for women (from 40). Sufficient experience may be less if the work was carried out in special conditions labor.
  • Secondly, the person must be recognized by the employment service as unemployed.
  • Thirdly, there must be no possibility of employment, otherwise there will be no talk of any early retirement.
  • Fourthly, no more than five years must remain before reaching the retirement age that was current at the time of dismissal/downsizing.

Only if all of the above conditions are met is there a chance that a person will be sent to retirement early. However, most often the employment center tries to provide an unemployed citizen suitable job, and only in the absence of such a possibility can the question of assigning a pension be raised.

Early pension in case of staff reduction is assigned to a person at the proposal of the employment service authorities. However, if a citizen who has lost his job has no desire to retire early, he may refuse such an offer. According to the law, when an employee is laid off pre-retirement age early pension is assigned to him until he reaches retirement age. Subsequently, he can switch to an old-age insurance pension.

To apply for a pension, you must write an application to the employment service, on the basis of which a written proposal will be issued to send the person to a pension. This proposal should be submitted to the Pension Fund within a month. If this is not done, the application will be considered invalid. The only reason for extending its term is considered to be the citizen’s illness.

It is also very important to keep in mind that if, after some time has passed after the pension was assigned, a citizen gets a new job, then an early pension in case of staff reduction will not be paid to him. You can count on restoration of payments only after termination of work. Therefore, the choice is to receive a pension or wages– remains with the citizen.

Refusal to apply for early retirement

In some cases, a person may be denied an early pension. For example, early registration pensions in case of staff reduction cannot be made if the unemployed person repeatedly refuses vacancies offered to him by the employment service authorities. It will also not be possible to apply for a pension during the period when unemployment benefits are suspended or their amount is reduced.