Regulatory framework for the appointment of early pensions
Old age insurance pensions are assigned to those citizens who have worked for a certain number of years. After old age no longer allows you to work effectively, the state begins to pay a monthly allowance, which is intended to replace previously available earnings. If a certain list of conditions is met, an old-age pension can be granted much earlier than the age criteria.
The right of any citizen of our country to an early retirement pension is enshrined in Federal Law No. 400. Article No. 30 of this law includes a complete list of professions that give the right to retire much earlier than prescribed under normal working conditions.
According to the changes of 2013, the employer must make additional insurance contributions for all employees of harmful and dangerous industries. At the same time, all workplaces of this type must be assigned to some hazard class, according to the compiled lists:
- List of 1 harmful professions for early retirement.
- List 2 for going on vacation early.
Let us note the benefits for people employed in such industries:
- Retiring from work early.
- The right to regular additional leave once a year, which is regulated by Article 117 of the Labor Code of the Russian Federation.
- Increased wage level, according to Article 147 of the Labor Code of the Russian Federation.
- Citizens are issued vacation and recreation vouchers without a queue, in most cases free of charge, but sometimes with a small compensation payment.
List No. 1 of preferential hazardous occupations for early retirement was approved by Decree of the supreme executive body of the USSR dated January 26, 1991 No. 10 (used as amended on October 2, 1991).
When considering the right to early pay for periods of work before 1992, the lists put into effect by Decree of the Supreme Government of the Soviet Union No. 1173 of August 22, 1956 are taken into account.
The procedure for calculating length of service for assigning an early pension is established by Decree of the Government of the Russian Federation No. 665 of July 16, 2014.
The pension law reform announced in 2020 did not consider new actions on preferential pensions. Federal Law No. 350-FZ of October 3, 2020 “On Amendments to Certain Legislative Acts of the Russian Federation on the Appointment and Payment of Pensions” retained the methodology for accounting for periods of work experience in hazardous conditions.
Increased payment for harmfulness - additional. tariff, 4 percent or something else?
The rate of additional payment for harmfulness is established only in the Labor Code of the Russian Federation. In Part 2 of Art. 147 of this normative act determines the minimum amount of compensation for negative working conditions, which is equal to 4% of the salary for the position held. Moreover, further, in Part 3 of the same article, it is clarified that the specific amount of the additional payment is established by the employer, taking into account the opinion of the trade union in accordance with the procedure defined by Art. 372 Labor Code of the Russian Federation.
When determining the exact amount of payment, it is possible to apply the provisions of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 3, 1986 No. 387/22-78, as well as the resolution of the CPSU Central Committee, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions dated September 17, 1986 No. 1115 (in the part that does not contradict the norms current legislation). The amount of additional payment according to the standards of these documents can reach up to 24% of the salary, depending on the points that assess the harmfulness of work at a particular place of work.
Thus, the amount of compensation for harm must be specified by the employer (at the same time, different payment options may be determined for different “unfavorable” vacancies) and fixed:
- in the specialist’s employment contract;
- local act;
- agreement;
- collective agreement.
Industry affiliation of the most harmful impacts
The list consists of more than 500 items. These include blue-collar professions and positions of engineering and technical personnel: foremen, heads of departments, technologists and others.
Most of the beneficiaries are in underground work, in the nuclear industry, metallurgical and foundry production, and in the chemical industry. List 1 contains common professions for all industries. As an example, a blacksmith using hammers and presses working at a machine-building enterprise. He forges metal in a hot furnace and can expect to work for a shorter period of time.
When considering the issue of taking a vacation on benefits, the pension fund will request information from the company:
- management structure, by workshops and sections;
- process maps;
- time standards for operations.
The task of the state institution regulating pensions is to prevent unjustified inclusion in the contingent of “early workers”. All their actions are justified by law.
Preferential seniority for healthcare employees
You need to understand how the preferential length of service for pensions for healthcare workers is calculated. In this case, it is important in what area the citizen worked. If he worked in a village, then his total experience should be 25 years . For cities the value is 5 more. When calculating pension payments, special coefficients are applied.
The time the person worked full-time is taken into account. The output will include periods while the citizen was on sick leave or on vacation. Throughout the employee’s entire working life, the organization must make contributions to pension authorities for the employee.
Thus, preferential conditions when assigning pension benefits are enjoyed by persons whose specialty is reflected in the lists developed by the state. It is allowed to sum up work periods for early assignment of payments.
The common phrase “harmful length of service” today in the field of pensions is usually understood as the period of time when a person retiring worked in industries that are harmful and hazardous to health. Despite the fact that the concept seems to be quite simple, citizens have many questions about which professions are included in the “harmful experience” and how to calculate it correctly.
Retirement due to harmfulness: list of professions
All professions and positions that are included in the first list have one common feature - they clearly indicate the harmfulness and even extreme danger of carrying out work activities. This list includes the following categories of work:
- Persons working in mining and mining operations, miners, subway construction workers and everyone else whose work is carried out below the surface of the earth for most of their working time.
- Employees of the metallurgical industry, that is, those employed in the production of non-ferrous and ferrous metals.
- Workers in gas and oil production of any position.
- Workers producing construction, chemical, medical and glass materials.
- People employed in the printing and healthcare industries, geological exploration and transport workers.
- Employees of the production of radio equipment and radio equipment using mercury and other harmful and dangerous substances.
This is only a small fraction of those professions that are included in the lists of hazardous professions for early retirement.
Conditions for assigning a pension according to the 1st list of harmfulness
Working in harmful and/or dangerous production does not give the right to early access to state support. Yes, and preferential professions for retirement, which are included in List 1, also imply compliance with a number of conditions:
- The position and place of work must be included in the list of preferential professions for early retirement.
- A person must reach a certain age, which for men is 50, and for women only 45 years.
- By retirement age, the required number of IPC coefficients (pension points) must be accumulated for the insurance period of 20 years for men, and 15 years for women.
- The duration of special “dangerous” experience for men is 10, and for women 7.5 years.
Provided that the employee worked in hazardous positions not the full required time, but slightly more than half of the required length of service, then the pension will be issued with a gradual decrease in the retirement age. According to list 1, for every full year of harmful work, the age for going on vacation will also be reduced by a year.
Additional contributions to the Pension Fund of the Russian Federation
Registration of a disability pension ahead of time becomes possible only when special (increased) insurance contributions are regularly paid for the employee by the employer. This fact is stated in Article 30 of the Federal Law No. 400 of the Labor Code of the Russian Federation, paragraphs 1, 2. Payments consist of:
- Insurance-type contributions for compulsory pension insurance, in accordance with Article 33.2 of the Federal Law number 167.
- Payments corresponding to the conclusion of the SOUT commission, according to the class of harmfulness and danger.
Due to changes in legislation in 2020, the amount of insurance payments increased. Now the employer must pay at least nine percent of the employee’s salary, otherwise the length of service will not be counted as harmful. If employers act fraudulently, extremely serious consequences for the entire enterprise can follow, including complete confiscation and freezing of assets.
Additional tariff for insurance contributions to the Pension Fund of the Russian Federation
In accordance with the provisions of paragraph 3 of Art. 27 of the Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, periods of work listed in paragraphs. 1–18 p. 1 art. 27, are included in the length of service that gives the right to receive a pension earlier than the generally established period. However, this is only possible if:
- such work took place after 01/01/2013;
- the working conditions for the specified work corresponded to the class of harmful or dangerous;
- the employer made insurance contributions according to the standards determined by the Tax Code of the Russian Federation.
Based on the norms of Art. 428 Tax Code of the Russian Federation, add. tariffs in 2017–2018 are as follows:
- Without conducting a special assessment of the production environment: 7%.
- Based on the results of a special assessment of the labor situation:
Class of working conditions | Subclass | Add. tariff in % |
Dangerous | 4 | 8 |
Harmful | 3.4 | 7 |
3.3 | 6 | |
3.2 | 4 | |
3.1 | 2 | |
Acceptable | 2 | 0 |
Optimal | 1 | 0 |
Applying for a disability pension
In order for a pension under List 1 for disability to be assigned, calculated and paid in full, you will have to arrange it yourself, since this type of security is an applicant’s. A package of documentation must be submitted to the Pension Fund of the Russian Federation at the place of your own registration or registration of actual residence.
List of documents
- Identity document: passport of a citizen of the Russian Federation or residence permit for foreigners.
- Papers confirming the right to early retirement on a preferential pension. These can be certificates-extracts from the employment record, from the employer, from the account card, etc.
- Application for early pension due to work in hazardous work from list 1. Fill out the sample application at home and bring it ready.
The pension fund may also require additional papers, for example, from housing and communal services, about the availability of bank accounts and the like, which can be submitted for a full three calendar months.
Submission and accrual procedure
The ways to declare the need to pay a preferential pension are as follows:
- Send all papers by mail. The letter must be recommended and have a list of all attachments.
- Register your personal account on the official Pension Fund portal and upload copies (scans) of all documents directly to the server.
- Contact MFC consultants.
- Personally take the papers to the nearest PF branch. This way you will know for sure that the papers have been accepted and there are no errors in them.
After the final acceptance of the documentation, ten days later you can already receive an answer on how, when and how much money you can receive from the pension benefits list for hazardous professions.
What is harmful experience?
This concept is actively used in the pension funds of the Russian Federation in order to provide the future pensioner with a decent pension for the fact that he has worked for many years in dangerous or harmful conditions that threaten his health, as well as to allow him to retire early.
Males have the right to early retirement and additional payments if they have worked in those industries indicated in the first list for 10 years or more, and their total work experience is at least 20 years.
Female persons who have worked in industries included in the first list can retire early if their special work experience is 7.5 years and their total work experience is 15 years. In addition, it is worth noting that early retirement due to harmful work experience is permitted for males no earlier than 50 years of age, and for females no earlier than 45 years of age.
The second list, which is also given below, allows early retirement for male persons who have reached the age of 55 years if they have worked in the relevant position for 12.5 years, and their total experience is 25 years.
Female persons can retire early if they have worked in an industry included in the second list for 10 years, and their total experience is at least 20 years. In addition, the age of a woman who decides to take early retirement must be at least 50 years old.
Video about those who are eligible for early retirement
If there are any unclear points about who has the right to early retirement, you should read the video below.
List No. 1 reflects production by industrial sectors, the technological process of which involves the presence of harmful and dangerous factors. Workers performing job duties in workplaces where the level of dust, toxic and carcinogenic gases, and radioactive substances exceed the permissible norm receive pension benefits earlier than other people. Subsections of List No. 1 for 24 industries list professions and positions where working poses a risk.
Insurance (work) experience
RF No. 516 of July 11, 2002. Having studied the above legislative acts, we can come to the conclusion that the insurance period, which gives the right to early retirement, includes periods such as temporary inability to work while receiving state social security benefits. This length of service does not include periods of unpaid leave (administrative or “at your own expense”), or educational leave. It also does not include the probationary period, downtime (due to the fault of the employer or the fault of the employee), the time during which the employee was not allowed to work due to such circumstances as:
- any type of intoxication;
- a medical report identifying the reasons for inadmissibility to perform work;
- failed knowledge test in the field of labor protection.
In addition to the above, there are other reasons why an employee may not be allowed to carry out activities.
Features of length of service for retirement according to List No. 1
A woman must work under appropriate conditions for 7.5 years to become a pensioner at 45 years old.
Retirement under the first hazard grid under preferential list 1, according to the law, is due to men at 50 years of age. The candidate for pensioner confirms that he worked for 10 years in a profession from List No. 1.
Pension legislation allows old-age retirement on preferential terms if 50% or more of the established time has been worked under unfavorable conditions. So, for example, a man who has worked in underground work for five full years has the right to apply to the Pension Fund office for a pension at age 55.
In other cases, a pension is granted to male employees at the age of 54, if 6 years of service are taken into account. You can stop working at 53 after working for 7 years in poor conditions. Accordingly, at 52 and 51 years of age, well-deserved rest is prescribed for 8 and 9 years spent at risk to health.
A similar scheme applies to women. Half the term is 3 years and 8 months. Having received such a dose of “bad” influence, the lady goes on vacation at the age of 52. Carrying out work duties under fear of falling ill for 4,5,6 or 7 years, the employee expects to leave work: in the first case at 51 years old, in the second at 50 years old, in the third at 49 years old, in the fourth at 48 years old.
Women | Men | ||
Special preferential length of service in years | Retirement age in years | Special preferential length of service in years | Retirement age in years |
3,75 | 52 | 5 | 55 |
4 | 51 | 6 | 54 |
5 | 50 | 7 | 53 |
6 | 49 | 8 | 52 |
7 | 48 | 9 | 51 |
7,5 | 45 | 10 | 50 |
A pension will not be given if the required total length of service is not enough.
How harmful work experience affects the amount of early pension
When an employee’s functions are performed under heavy gas pollution, in conditions of abnormal atmospheric pressure and in the presence of other unauthorized environmental indicators, labor is paid at an increased rate. This norm is in most cases implemented under the control of the prosecutor's office and the state labor inspectorate.
When entering a well-deserved retirement with benefits, the pension amount is calculated in accordance with the general procedure. There is no point in hoping that the pension will be higher than that of an employee who worked under normal conditions.
For beneficiaries, the total amount of years worked at the time of retirement is less due to early departure. Labor was paid taking into account 1 hazard grid at work. The pension calculation formula compensates for fewer years worked with higher wages. The difference is not felt. It is assumed that compensation for harm is the early assignment of payments.
A pensioner receives additional insurance payments in the following cases:
- injury;
- identified occupational disease;
- other health problems related to job responsibilities.
Where are the days of service lost?
The technique does not contain a simple calculation. Upon detailed analysis, it becomes clear that the following will be deleted from the period recorded in the work book:
- absence from work at the request of the employee;
- days when the time sheet shows a shift lasting 4 hours or less;
- periods of suspension due to late payment of wages;
- maternity leave,
- distractions for off-site training,
- downtime.
If the enterprise is not operating stably and downtime is periodically announced, the calendar mode of accounting by day is activated. Sick days, weekends, and vacations are excluded. It happens that in a whole year only a month of work is accumulated, which will be included in the period of employment according to List 1.
How to find out harmful experience
Health workers are entitled to a disability pension if they have worked in this specialty for 25-30 years (in rural areas and in the city). Teachers need to work in their specialty for 25 years to gain the right to retire early.
Actors and circus workers, people who have worked in the Far North for at least 15 years, enjoy the same benefits. All these professions are legally enshrined in the Federal Law “On Insurance Pensions,” which came into force on December 28, 2013.
The procedure for calculating pensions for hazards Resolution of the USSR Cabinet of Ministers dated January 26, 1991 No. 10 clearly defines the procedure and conditions for receiving pensions for hazards. Such benefits are provided only for those categories of working people listed in this document.
Informing about the state of working conditions
Registration of a preferential pension according to the 1st list of harmful conditions in Russia is possible if work in special conditions is documented.
When applying for a job, the employer is obliged to familiarize the employee with all the risks in the new place. The Russian Labor Code included information about the presence or absence of harm among the mandatory conditions of an employment contract. When reading the contract, the candidate must understand that he will perform the assigned work according to List 1.
The plant's personnel service must draw up lists of staffing units for which labor is subject to preferential treatment. The document is sent to the Pension Fund. At the same time, a clarifying certificate is being prepared confirming the workload of workers throughout the day under the influence of factors.
Having protected the list, the employer is obliged to pay insurance premiums in an increased amount. The transfer of contributions for the “harmfulness” of employees is a prerequisite for a decision on early retirement.
The pension fund will not take into account the list of professions if the enterprise has not carried out a special assessment of working conditions (SOUT). A special assessment is an independent examination. Conducted by an organization that has permits. The result of the SOUT is an act and maps describing the work areas, in each specific case. The map shows:
- class of harmfulness and danger;
- coefficients of hazardous environmental indicators;
- mandatory compensation measures;
- recommendations for improving changes.
The list that affects the date of retirement includes places with a hazardousness rating coefficient of 3 and 4. A person working under an employment contract has the right to know the truth about the microclimate and gas pollution in the area. He can independently obtain information about the hazard class from an expert.
How is the degree of harmfulness of work activity determined?
The decision about “class” hazard in a particular workplace is made by experts. Which, in turn, with such a determination are based on the methodology described in the order of the Ministry of Labor of Russia, issued No. 33n on January 24, 2014.
There are 4 methodological appendices to this order:
- On the implementation of a special assessment of working conditions.
- Form of a report on the special assessment.
- Official classification of adverse factors.
- And recommendations for filling out the report.
If we talk about “adverse factors” that determine the harmfulness of working conditions in a particular production facility, then these include:
- negative physical, chemical and/or biological effects on workers;
- the severity and intensity of work activity.
The expert calculation method assumes:
- Initial identification of factors that are potentially negative in a particular production.
- Measurement (we are talking about physical values) and subsequent research of identified negative factors in the workplace.
- Classification of working conditions according to the degree of negativity to one of the approved hazard classes (1, 2, 3 or 4).
Important: An assessment of the working conditions of homeworkers, remote employees and workers without individual entrepreneur registration is not carried out.
Guarantees of a bona fide employer
Harm to the employee’s body, in addition to going on a well-deserved rest on preferential terms, also provides for other measures to ensure a reduction in the effect of harmful influence. The employer is obliged:
- constantly develop and implement measures to reduce harmful effects on workers;
- provide additional paid vacation days, 7 or more days, in terms of periods of time under special conditions;
- provide, at their own expense, protective equipment, special suits and footwear;
- pay for work in hazardous conditions at higher rates, from 4 to 28%;
- in particularly dangerous and harmful working conditions, according to the results of the special labor assessment, stipulate in employment agreements a week of 36 hours or less;
- for preventive purposes, provide dairy products or milk replacement products daily;
- organize annual medical examinations of specialists appointed taking into account hazardous factors in the working environment.
To feel care that compensates for the damage caused by working in conditions that deviate from normal conditions is the legal right of the worker. A conscientious employer enshrines its obligation to provide benefits and guarantees in the organization’s regulations.
How to calculate the amount of additional payment for work in a hazardous environment in 2017-2018?
Due to the fact that modern legislation does not define methods for calculating the exact amounts of compensation for production activities in negative conditions, you can use the provisions of the Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 3, 1986 No. 387/22-78, which proposes linking the amount of additional payment with points, assigned to each class of working conditions. This means that the procedure for calculating the amount of remuneration for activities in unfavorable production conditions assumes:
- Determination of the class of working conditions. As mentioned above, this is done by special assessment specialists.
- Converting the degree of adverse impact into points. The sum of points is calculated for each of the factors that exceed hygienic standards (clause 1.3 of the regulation, approved by resolution No. 387/22-78). According to Appendix No. 2 to this provision, class 3, 1st degree of harm corresponds to 1 point, 2nd degree - 2 points, etc.
- Establishing the duration of the influence of a negative factor. To assess the interference of a specific unfavorable factor on working conditions, the duration of its impact on the worker during the shift is important.
- Calculation of payment for work in unfavorable conditions. In this case, all unfavorable factors found during the special assessment are taken into account. To calculate the amount of compensation, you can also use the regulations approved. Resolution No. 387/22-78 (clause 1.6) and introduce a gradation of the amount of additional payment from 4 to 24% of the salary, where harm assessed up to 2 points will be compensated in the amount of 4% of the salary, from 2 to 4 points - 8%, etc. d.
When using such a point system for taking into account the harmfulness of working conditions and calculating compensation for them (or another method of determining the amount of additional payment for harmfulness), it is advisable to develop a separate internal document of the enterprise, which will describe in detail the entire system for calculating the amount of compensation for work activities in unfavorable production conditions.
Checking the contents of documents
The employee is a party to the labor relationship. You should not rely on the director to check the documents and punish the person in charge for inaccuracies in their execution.
Before signing an employment contract, read each line carefully. Ask for a SOUT card. Show interest in whether all recommended compensations are included. If the assessment has not been carried out, be aware that most likely social tax will not be charged
Important! Check whether the contract stipulates that the work is carried out during an 8-hour day. If it is noted in the contract that employment in a preferential profession is less than 80%, it gives the employer the right not to make the corresponding tax deductions. This prevents the employee from benefiting from the benefit in the future.
All legal entities maintain personalized accounting and reporting. Request your reporting data. The responsible executor has no right to refuse information.
Keep pay slips and keep your time sheet. This will not take much time, but may be useful when calculating occupancy.
Harmful work experience – 1st and 2nd list
It was said above that there are 2 lists that list areas of activity. By working in them for a certain time, a person deserves the right to receive a pension for harmful work experience, as well as the opportunity to retire earlier than employees in other industries.
The first list was compiled and approved back in 1991 by a resolution of the USSR Cabinet of Ministers; over time, types of activities were added to it, it was changed and supplemented. Today, there are two lists that people working in pension funds rely on when determining the amount of pension accruals and the possibility of early retirement.
How is it calculated?
Before calculating the length of service that ensures a person’s right to retire early, you need to determine:
- Periods of activity
by a citizen at work where there were dangerous and harmful factors. - Also, in accordance with Part 1 of Art. 30 of Law 400-FZ, it is necessary to establish the sector of the economy or field of activity
in which the person applying for early retirement worked. - A list that includes the type of activity
of a person who has the right to retire early. - the name of the profession
in the work book with the one that is in one of the lists.
In general, the amount of pension accruals is made according to a special formula approved by Federal Law No. 400-FZ. To schedule early payments, a person must contact the local pension fund at his place of registration or the MFC.
An application for such a pension must be submitted either by the applicant himself or his legal representative. It should be remembered that when contacting the Pension Fund of Russia in order to receive payments for harmful work experience, you must have with you a package of documents (original and copy of passport, work book and other documentation that can confirm activity in hazardous production or industry, military ID if available ).
In order to reduce the time required for assigning such pensions, the Pension Fund of Russia bodies begin to check in advance the documents of those people who are going to retire and create a model of the pension file.