Monthly receipt of funds for own maintenance is made out upon reaching a certain age and filling up the working experience. However, there are some exceptions; in particular, the right to early retirement. What categories of citizens are able to receive early cash payments? How to retire ahead of schedule? For all these questions, detailed answers will be provided in the article.
general characteristics
Unfortunately, not all citizens have a sufficient legal culture. That is why many workers are not aware of some of the nuances of the current legislation governing the right to early retirement. All privileges, rights, surcharges and many other important legal elements are fixed, first of all, in the Labor Code of the Russian Federation. But in addition to it, it is also worth highlighting a large number of Government decisions and normative acts (in particular, the Federal Law on the assessment of labor conditions). All presented normative acts regulate the following concept.
Early retirement pension (article 27 of the Federal Law "On Labor Pensions of the Russian Federation") is a direct connection with the professional activities of a particular person, carried out under specific production conditions or agreed upon by certain social norms.
Thus, a person who carries out his labor activity in production with unusual working conditions has the right not only to various kinds of benefits, but also to early payments. At the same time, the profession should be truly “harmful”: a complete list of hard jobs was approved by the Council of Ministers of the USSR, but has not changed much to this day. Who retires ahead of schedule? This will be described later.
Early retirement pension: who is eligible?
Early retirement pension is the option of receiving monthly payments, in which the onset of the permitted age will take place no more than 2 years later. Applicants can apply for such a pension if they are in the Russian employment center as unemployed, and also have the relevant work experience (20 years for women and 25 years for men). Accordingly, an early retirement pension in the Russian Federation is issued only to those persons who meet the above criteria.
The presence of harmful or difficult working conditions in labor activities invariably entails the possibility of receiving an early pension. Physical or psychological stress is considered harmful working conditions, and more recently, work in the Far North. Russian law establishes the possibility of obtaining the so-called shortened working experience. It is thanks to him that it will be possible to receive early retirement benefits.
Separately, it is worth noting that the worker has some serious illnesses. If the continuation of work is not possible due to health reasons, then an early retirement pension can be issued only if a special medical report is submitted to the employment center.
List of harmful professions
If an employee carries out his labor activity at work with harmful characteristics of labor, then the possibility of early retirement increases significantly. Which professions fall under the category of "harmful"? Since Soviet times, a classification has been preserved that allows you to accurately determine the severity of labor. So, there are four levels of professional activity:
- 1 degree. It implies minor changes in the body that quickly pass when a person stops his work.
- 2 degree. It is characterized by the presence of persistent changes in the body, entailing the development of chronic ailments. This is especially true for people working in "harmful" production for more than 15 years.
- 3 degree. Work with this level of harmfulness entails the persistent destruction of human health; a complete disability remains possible.
- 4 degree. Indicates a complete functional disorder and the presence of other harmful processes for the body, leading to disability.
The issuance of each such degree is possible only when paying attention to the following points:
- high dust content in the air, the presence of dirt;
- poor lighting;
- loud noises;
- harmful radiation;
- work with harmful microorganisms, viruses, bacteria, chemicals, etc .;
- increased vibrations;
- high level of humidity;
- Too low or too high air temperature;
- the duration of stress in work and much more.
One more classification proceeds from all the presented criteria: list 1 is a profession with a critical degree of harmfulness, and list 2 is a separate type of heavy profession and position. Both of these lists can be easily found on the official website of the Ministry of Labor.
Categories of citizens
Federal Law of the Russian Federation No. 400 contains more than 20 clauses that specify both the conditions for early retirement and some professions that work for which you can apply for early retirement. What exactly is worth highlighting here? Here are some of the specialties specified in the law:
- railway workers;
- search engines and prospectors;
- miners;
- drivers of public transport;
- workers of river and sea vessels;
- workers in the field of aviation;
- Rescue workers
- persons working underground (miners, subway workers, etc.);
- workers in the field of execution of sentences (prison staff);
- educators;
- community doctors;
- theatrical figures and some other workers.
Among other things, there are also special categories of citizens:
- mothers with many children (raising more than five children);
- visually impaired;
- persons injured as a result of hostilities;
- dwarfs and midgets;
- workers of the Far North.
An early retirement pension can be issued for all of the above persons. At what age is retirement possible? This will be described later.
Early retirement conditions
How to apply for early retirement in the Russian Federation? First, pay attention to the following conditions:
- The age of the employee. It should be at least 53 years for women and 58 years for men.
- The presence of unemployed status.
- Compliance with the length of service established in the category.
- Personal expression of will of a person applying for early retirement pension (if the person has been reduced).
- If the applicant is a mother raising more than five children.
If the relevant conditions are met, you should pay attention to the content of the so-called lists 1 and 2, which were mentioned above. So, a woman who is on the list 1 list has the right to a pension upon reaching 53 years, with a total working experience of 15 years. The duration of work in hazardous production should not be less than seven years. In accordance with list 2, a woman can apply for a pension from the age of 45. In this case, working experience should not be less than 20 years.
And what do the lists say about male workers? In accordance with list 1, a man who has reached the age of 50 may apply for a pension for the accumulation of experience of 20 years. List 2 sets the minimum age of the employee at 55 years and 25 years of work experience (12 on harmful conditions).
Thus, an early retirement pension can not be issued by all persons, but only by those who meet the above criteria.
Early retirement pension in the Russian Federation: registration procedure
What actions should be taken to arrange early retirement benefits? For starters, you should contact your local Employment Center with a statement. There they will give a document that will need to be filled out. The body will definitely help to make quality paper. Within a month, the Employment Center will provide the citizen with an answer - with the consent to conduct further work or with a justified refusal.
What needs to be provided to the Employment Center in addition to the application? As a rule, these should be the following documents:
- passport and its photocopy;
- military ID;
- birth certificate of the child (if the employee has children);
- original and copy of work book.
Also, the Employment Center may request the following papers:
- certificate of dependents;
- targeted statement (of residence);
- disability certificate;
- certificate on the upbringing of a child under the age of eight;
- family membership document;
- certificate or certificates of guardianship.
The body may also request many other certificates - for example, individual documents from work. It is very important to correctly and correctly draw up all the papers, check for stamps and signatures.
Citizen rights
The question of how to retire ahead of schedule is regulated by many Russian federal laws. What are the rights of a citizen who has retired early?
A citizen is able to demand from his employer all the necessary documentation necessary for transferring to an employment center or the Pension Fund of the Russian Federation. Moreover, the employer of the enterprise must confirm the preferential length of service of the worker. If the employer for some reason does not do this, then a similar task is assigned to the relevant state body.
As soon as the employee receives an insurance pension certificate, all information about his "movements" will be taken into account by the Russian Pension Fund.
It is also worth bringing the classic formula for calculating early retirement benefits:
SP = PC * S * K + FV * K
Here:
- - base payment;
- C is the cost of one coefficient at the time of pension;
- PC is the total amount of earned pension type coefficients;
- K - increasing indices to PV.
All persons who correctly completed the necessary papers at the Employment Center and PFR retain the right to early appointment of a retirement pension.
Reduction or liquidation of the enterprise
It is not uncommon for situations when an employee of pre-retirement age suddenly loses his job. The reason for the dismissal may be massive cuts in the organization, the elimination of jobs and much more. Naturally, almost no organization expresses a desire to hire a person who has very little time before retirement. The situation, I must say, is very uncomfortable, and often completely hopeless. Still, a citizen wants to "finish off" his seniority, but there are no opportunities for this. What to do in such situations? Here it’s just worth asking yourself the question of how to retire ahead of schedule. The first thing to do is to compare your indicators with the necessary for premature payments, to compare past working conditions with the necessary "harmfulness". How many years do they retire early? As already mentioned, men should not be less than 58 years old, and women should not be less than 53 years old. The following conditions must be met:
- Dismissal from work was built only because of a reduction in staff or the liquidation of the workplace (own desire and medical indicators are not taken into account);
- the presence of a certain experience (25 years for men and 20 years for women);
- the citizen is in the employment service;
- there are no suitable vacancies on the labor exchange.
If citizens have delinquencies that led to the cessation of social benefits, then you should not expect early retirement.
Can they refuse?
Quite often, the Employment Center or the Pension Fund of Russia denies citizens an early pension. As a result of this, applicants have to go to court and decide cases there. Naturally, such examples illustrate the unsatisfactory level of state protection of citizens' rights to receive pensions. Nevertheless, it is worth citing the main reasons for the refusal of early retirement. Here you need to highlight:
- the citizen’s lack of proper rights to early retirement pension (the citizen does not have the necessary length of service or forgot to find out how old he is retiring);
- complete liquidation of the organization in which the employee worked;
- lack of a full package of documents (or part thereof) confirming the right to early-term pension payments;
- in the Employment Center, alternative work with appropriate wages was offered;
- documents were submitted to the Pension Fund or the Central Employee when the unemployment contributions were stopped;
- unemployment benefits come from the same place of work;
- the employees of the CH or PF acted illegally.
What should I do if a refusal is received at the named authorities? How to retire ahead of schedule no matter what? There is only one way out - to contact higher authorities. The same Pension Fund draws up a complaint; all necessary documents must be attached to it. The complaint will be reviewed within a month. If the refusal comes again, there will be only one way out: appeal to the courts of general jurisdiction. It will be necessary to draw up an administrative statement of claim challenging the refusal.
Features of applying for a pension
Both for working people and for unemployed citizens, some features of applying for a pension are provided. A working citizen should remember the following:
- the employer must pay severance pay for a two-month period;
- payments from previous work will stop if a citizen is registered as unemployed.
Unemployed citizens, however, must remember that full work experience provides an opportunity to receive subsidies. Moreover, each year worked over the total length of service gives the right to extend state support for two weeks. If a citizen becomes an individual entrepreneur or legal entity, then the receipt of early pensions is terminated until the current status is closed.