Pension for hazardous working conditions in 2020: conditions for early assignment, procedure for receiving, list of professions

Home / Tax deduction / What are the pension benefits for a plasterer and painter?

Acceptable written evidence of the plaintiff’s work as a painter using substances of hazard class 3 was not presented by the plaintiff. The personal card of form T-2 contains information about her work in the period until April 22, 1986. plasterer-tile-layer, after this date - plasterer-painter. The plaintiff’s personal accounts are not evidence of the plaintiff’s work as a painter, since the plaintiff’s position in these documents is named as plasterer, plasterer-painter, and the personal accounts do not indicate the time period for their issuance.

What are the retirement benefits for a plasterer and painter?

You must submit to the Pension Fund a certificate clarifying the nature of the work about full-time employment as a Painter engaged in work using hazardous substances of at least hazard class 3 in accordance with position 23200000-13450 of section XXXIII General professions of List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms (approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 N 10). I’ll say right away that it is almost impossible for a plasterer-painter to prove full-time employment using only nitro paints and nitro enamels. After all, sometimes he whitewashes, sometimes PF paints.

Classification of preferential specialties

The list of persons who can be provided with preferential pension conditions is quite extensive (in total there are more than 500 professions from a variety of fields of employment). It is regulated by such regulations as:

• Resolution of the Cabinet of Ministers of the USSR “On approval of Lists of production, work, professions, positions and indicators giving the right to preferential pension provision” dated January 26, 1991 No. 10;
• Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ (Articles 27 and 28);
• Federal Law “On Insurance Pensions in the Russian Federation” dated December 28, 2013 No. 400-FZ (Chapter 6).

The main professions and specialties that give the right to early retirement, as well as the main conditions for its appointment, are presented in the table:

The painter has the right to a preferential pension

1. Full time job. There are established standard hours for teachers of different classes. The total number of hours worked per year must be at least 240, and for middle school teachers this figure is 360 standard hours. The requirement for teaching hours does not apply to employees teaching in primary school classes and in rural schools.
2. Period of sick leave.
3. The length of time a woman is on maternity leave (up to 1.5 years) and the period of annual emergency leave.
4. From 2020, when calculating special experience, the period of obtaining specialized education and advanced training will be taken into account. To do this, the applicant must work in the teaching field before and after training.

What are the conditions for the list of 2 hazardous professions for early retirement?

The period for retirement according to lists 1 and 2 is legally established, and this does not mean that a person is obliged to work in a hazardous enterprise all his life. The main thing is that he works for the required period determined by law. The rest of the period you can work at any harmless enterprise.

For men, harm is earned by 10 years of service for list 1 and 12.5 years for list 2. For women, a shorter period is established - 7.5 and 10 years, respectively. For a pension on preferential terms, the total length of service is important, which is 20 years for men and 15 years for women. That is, representatives of the “stronger sex” on List 1 can retire at 50 years old, and women at 45 years old. According to List 2, men are required to have a mandatory length of service of 25 years and retire at age 55, while women are required to have service for 20 years and are allowed to become a pensioner at age 50.

How can you prove in court that a painter’s work is harmful?

“In total, since 2007, the cases of 2,340 people have been examined in the region, and we rejected only 198 due to the lack of supporting documents,” says Nikolai Andreevich. — For example, since the beginning of 2012, about 140 people contacted us to confirm their preferential length of service, of which 18 citizens were unable to help resolve this issue due to the lack of workplace certification, orders on certification results, incorrect entries in the work book, etc. etc. In general, the number of requests is growing: from 220 in 2007 to 611 in 2011.

Features of retirement conditions based on harmfulness

If you have work experience, a year or two before your retirement date, you should contact the Pension Fund with documents. Employees will study the work record and make a decision on granting a pension. If inaccuracies are found, it may be necessary to provide additional information from the site of work on the hazardous grid. In addition to your passport and work book, you also need to provide SNILS. To confirm the harmfulness of the work, you may need a certificate of disability or occupational disease. Reasons for refusal may be:

• Lack of documents confirming that there was work at the declared enterprise.
• If the employee’s position does not correspond to list 2 or 1.
• Subject to the impossibility of confirming the total work experience.

In case of disagreement with the decision of the Pension Fund, a citizen can resolve his issue in court.

Important! If a citizen applies to the Pension Fund after the retirement date, then payments will begin after a positive decision is made. Money is not returned for the missed period, so you should take care of your pension in advance.

Legislative regulation of all issues related to harmful working conditions obliges all workers to undergo regular medical examinations in accordance with the articles of the Labor Code and Order of the Ministry of Health No. 302 of April 12, 2011, which takes into account and identifies harmful production factors by profession.

Registration of the painter's technical process for obtaining a preferential pension

After all, pension contributions under additional tariffs are calculated on the same payments as contributions under the basic tariffs. The legislation does not provide for any exceptions to the list of payments from which contributions at additional tariffs are paid. Thus, the organization is obliged to calculate pension contributions at additional rates from payments even for periods that do not fall into the length of service for a preferential pension (for example, during a period of downtime), if the employee holds a position or is registered in those types of work that are named in subparagraphs 1– 18 clause 1 article 30 of the Law of December 28, 2013 No. 400-FZ.

How many years do you need to work in hazardous work?

The required length of service is determined and calculated using so-called lists. They should also look at the age for preferential pension provision. The calculation can be done independently or with the help of Pension Fund specialists. The result is documented.

Pension according to lists 1 and 2 with incomplete service due to harmfulness

For employees of hazardous industries, there are no plans to change the length of service and age. There will be no changes in monthly contributions to the Pension Fund for the formation of future payments. As before, a reduction in the retirement age for an incomplete period of work in production is possible if the following requirements are met:

• not less than 50% of the length of service established in the table;
• availability of a sufficient amount of general experience and IPK.

The first list includes the most dangerous professions. Therefore, the discount is assumed for each year of work (one year, respectively). In the second list, professions are less dangerous, so for men one year is calculated for every 2.5 years, for women - for every 2.

List 1 requires the following conditions to be met:

1. Age: 45 (F) and 50 (M).
2. Specialized experience: 7.5 and 10 years (F and M, respectively).
3. General: 15 and 20 years.

This list determines the age and requirements for early retirement with full service.

Additional contributions to the Pension Fund for hazardous working conditions

Modern legislation and new laws regarding pension benefits require employers to make additional contributions to the Pension Fund of the Russian Federation to a savings account. This approach will significantly increase the size of future labor supply.

The premium to the basic contributions is determined by hazard subclasses and tariffs. Information about this is presented in the table.

The calculation is carried out with a documented class and subclass. But if there is no special assessment, the increase in the basic payment increases by 9 percent for the first list and by 6 percent for the remaining lists.

Contribution rates

By virtue of Part 6 of Art. 30 of Law No. 400-FZ, periods of work in a profession from the relevant list that occurred after 01/01/2013 are counted towards length of service in the relevant types of work, giving the right to early assignment of an old-age insurance pension, subject to the accrual and payment by the policyholder of additional insurance contributions for the relevant tariffs.

Until January 1, 2017, such tariffs were established by Art. 58.3 of Law No. 212-FZ [1], after this date they are determined by Art. 428 Tax Code of the Russian Federation . In both cases, the need to pay and the amount of additional insurance premiums depended and depend on the results of a special assessment of working conditions carried out by the enterprise in accordance with Federal Law No. 426-FZ .

Early retirement plasterer-painter

For the period of work until January 1, 1992. in case of early assignment of an old-age labor pension to a painter, taking into account the resolution of the Government of the Russian Federation of April 24, 2003. No. 239, List No. 2, approved by the resolution of the Council of Ministers of the USSR dated August 22, 1956, can be used. No. 1173, according to which (Section XV, Subsection 6) painters acquire the right to early retirement coverage subject to their constant full-time employment with enamel paints, nitro paints, nitro varnishes and lead paints in metalworking industries.

Classification of harmful and dangerous working conditions

Production factors influencing human health are divided into 4 classes:

1. Optimal – a healthy, beneficial atmosphere is ensured on the territory of the enterprise.
2. Acceptable – operating conditions are maintained within standards.
3. Harmful - the level of factors harmful to human health exceeds acceptable levels.
4. Dangerous – working conditions cause significant damage to the employee’s body and pose a threat to life.

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Occupational hazards by profession depend on the severity of the health consequences and are classified into 4 groups:

How to determine the degree of harmfulness

Checking the degree of industrial hazards is carried out by specialists of the Federal Service for Labor and Employment on the basis of:

• Articles 210-211 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ.
• Decree of the Government of the Russian Federation (hereinafter - RF PP) dated March 29, 2002 No. 188.
• GD of the Russian Federation dated July 16, 2014 No. 665.
• Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions.”

The following ranges of indicators established by law are considered to determine the degree of harmfulness:

• dust concentrations;
• illumination;
• noise;
• radioactive and wave radiation;
• vibration vibrations;
• humidity;
• air temperature;
• level of interaction with pathogenic microbes, substances that cause intoxication;
• severity of working conditions;
• intensity of professional activity.

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Are construction foremen and foremen entitled to a preferential pension?

There is a special list that indicates the positions of those construction workers who are entitled to benefits ahead of schedule.

The special list includes ordinary workers, as well as people engaged in professional activities in the following areas:

1. stonemasons;
2. bitumen workers;
3. asphalt pavers;
4. sandblasters;
5. insulators;
6. roofers;
7. electricians;
8. stonemasons.
9. installer of steel and reinforced concrete structures

Some professional activities must take place under certain conditions: Roofers must carry out their work processes on roll roofing or roofing of piece materials, using primer and mastic. Insulators must work on thermal or waterproofing.

Electricians must install overhead power lines; the work process must be carried out at a height of more than 5 m at a voltage of more than 35 kV.

This is not the entire list ; foremen, construction foremen, experts and management personnel can also count on early retirement. A separate category includes professions that are directly related to underground work, namely the construction and reconstruction of subways.

If we are talking about craftsmen, then only those who have “master of construction and installation work” indicated in their work book in the position section will be able to receive incentive payments. If the personnel officer at one time is about, then you need to get a certificate confirming the position you need.

To count the experience, the personnel officer must indicate the installation or construction field of activity in the work book. If the worker indicated that he worked simply as a foreman, then representatives of the fund must issue a certificate, relying on the collected package of documents. This is necessary to confirm the presence of work activity for a certain period.

There is no difference in which organization the labor activity was carried out. The main thing is that it is an enterprise that carries out the entire range of construction work. And if the name of the organization does not reflect the type of its activities, then you can familiarize yourself with the statutory acts, which indicate the purpose of the organization.

Attention! If the worker worked part-time and in total did not work more than 80% of the allotted time, then this period of working time will not be included in the length of service.

If an employee has been awarded the title of Honorary Builder of the Russian Federation, this does not mean that he will receive benefits in addition to the required payments. The final decision does not depend on any regalia, unless it is prescribed at the legislative level of the Russian Federation. But an honored builder has the opportunity to receive the title of Veteran of Labor, and Veterans, in turn, have a number of advantages and benefits that are provided by the state or regions.

Basic conditions for early retirement

The presence of a position in List 2 is not yet a reason for early retirement. To do this, you will need to provide documents confirming the fulfillment of the basic conditions specified in the legislation for the appointment of an early pension. This list included:

1. Men reach the age threshold of 5 years, and women - 50 years;
2. The presence at the time of consideration of the issue of assigning this type of pension a total insurance period of 25 years for the stronger half of humanity, and 20 years for the weaker sex.
3. Documented work experience in hazardous conditions is at least 12.5 years for men, and for women this period must be 10 years or more.

An application for the appointment of this type of early payment is sent to the pension fund at the place of residence. This can be done no earlier than a month before the right to assign payments of this kind. If the application is submitted much later, the past period will not be recalculated. Payments are assigned from the date of registration of the submitted application.

To begin consideration of the issue by the pension fund, the following documents must be attached to the application:

• passport of a citizen of the Russian Federation (if it is a copy, it is notarized);
• the original work book (for working persons a copy is made and the company’s HR department indicates that the future pensioner is still working);
• national insurance certificate;
• certificate of salary level for the last 5 years;
• educational documents;
• evidence on the basis of which the surname was changed;
• military ID (for men, if available);
• a document issued by the HR department on the level of preferential length of service;
• 4 photos;
• A certificate from the bank about opening a current account to receive a pension.

This is a basic set of documents, without which consideration of the issue simply will not begin. In the future, depending on the circumstances that arise, you may need to confirm the legality of your claims for preferential pension monetary compensation.

To confirm the right to receive an early pension due to the influence of dangerous or harmful factors on the body in the process of performing labor functions, you will need to provide documentary evidence of these facts. This is done on the basis of the following documents:

1. the original work book, which contains records of the beginning and end of work for a specific position;
2. front card of the standard T-54 form (provided by the HR department);
3. original time sheets (copies must be certified by the signature and seal of an authorized person of the employer);
4. registration cards maintained by the enterprise's human resources department;
5. an employment contract, which specifies the working conditions, benefits and compensation provided for harmfulness;
6. accounting documents confirming the implementation of compensation payments for hazardous work activities;
7. logs of instructions, issuance of work orders, and the beginning and end of work at sites.

Any documents that confirm the actual work of a citizen in the position indicated in his work book throughout the entire required period will be useful.

What is a list of 2 professions

Before starting to consider the conditions for early retirement and other benefits in connection with unfavorable working conditions, it is advisable to consider what the list of professions is, who is included here, and how this happens.

All workers whose work is carried out in dangerous or harmful conditions that affect their health were divided into 2 lists. They represent a list of professions in different sectors of the national economy associated with the performance of labor functions in unfavorable conditions, which always negatively affect the human body.

In particular, List 2 includes the following areas of work activity:

• certain types of metalworking work;
• activities in the field of communications;
• production of artificial and synthetic fabric;
• peat extraction;
• work in the food industry;
• certain areas of the transport industry;
• non-hazardous areas of work in nuclear energy;
• refractory production.

The main difference between the first list and the second is the presence in the first list of positions associated with the need to perform actions among factors dangerous to the life and health of the worker. In the case of the second list, difficult working conditions are present, but their impact on the body is not so critical.

In other words, the list of 2 hazardous professions for early retirement is a list of positions approved at the government level, long-term work in which opens up the opportunity for employees not only to receive certain compensation for working conditions, but also to retire early for a well-deserved retirement.

Small lists of preferential professions

This list includes positions that receive benefits only upon reaching a certain age (50 and 55 years for women and men, respectively), special experience from 10 to 20 years, and general experience from 20 to 25 years.

The main list includes:

• tractor drivers;
• machinists;
• drivers;
• employees of criminal enforcement agencies;
• locomotive crew employees;
• workers employed in the air transportation sector;
• employed in the textile industry.

Representatives of the listed professions have fewer privileges, but they also retire earlier than others.

What you should pay attention to?

Most employers seek to save on employees when paying tax contributions. And employees working in hazardous industries are no exception. Therefore, every employee should carefully monitor the following points:

1. The employee should follow the conclusions about the harmfulness of production , which are written down in the relevant documents (employment contract, work book, etc.). Otherwise, the pension is calculated in the standard way upon reaching 60 and 55 years of age (for men and women, respectively).
2. It is worth paying attention to the entries in the work book , which indicate the full name of the position. If the name does not correspond to one of the lists (list No. 1 or 2), then pension contributions are formed in the standard way without additional benefits.
3. It is always worth monitoring the personalized accounting where the employee’s preferential length of service is recorded.
4. It is worth annually ordering an extract from the Pension Fund of the Russian Federation , which records all insurance contributions made by the employer over the last year. In addition, the statement indicates the number of pension points, which play a role in the assignment of pension payments.

How to protect your rights if you work in difficult conditions, watch this video.

In conclusion, it is worth recalling that hazardous working conditions negatively affect the health of any person, therefore every citizen should be aware of the rights when working in hazardous work, which are recorded in this material.