Is it possible to receive a pension early in the event of a layoff?

Early registration of pension in case of staff reduction at the enterprise

In accordance with Article 32 of Federal Law No. 1032 of April 19, 1991, Russians have the right to become pensioners early if they are laid off from their jobs for reasons that do not depend on them.

The text of this document reads:

“According to the proposal of employment centers, if there is no opportunity to employ unemployed Russians who have not reached the age of eligibility for old-age insurance pensions and have a work experience of at least 25 and 20 years for males and females, respectively, or who have the above-mentioned experience and the required length of service in the relevant types of work, which give the right to early registration of old-age insurance pensions in accordance with Federal Law No. 400 of December 28, 2013 “On pension insurance”, and were dismissed due to the closure of the company or the end of the work of the individual entrepreneur, reducing the number or staff of a company's employees, individual entrepreneurs, with their consent, pension provision may be provided for the period until they reach the age that entitles them to an old-age insurance pension, including one issued ahead of schedule, but not earlier than 24 months before reaching the established age. This pension provision is assigned according to the procedure and on the conditions provided for by the Federal Law of December 28, 2013 No. 400 “On insurance pension provision.

Upon reaching the age that gives the right to old-age insurance payments, including those issued ahead of schedule, a citizen has the right to switch to an old-age insurance pension.

Payments provided in accordance with this paragraph may include a pension for long service, in accordance with Article 7 of the Federal Law “On State Pensions in Russia”.

The standards according to which employment centers issue proposals for early registration of pensions for unemployed Russians are established by the Russian government apparatus.

Upon employment or resumption of other activities provided for in Article 11 of the Federal Law of December 28, 2013 No. 400 “On Insurance Pension Provision”, the provision of payments that are established for unemployed Russians is terminated. After termination of employment, pension benefits begin to be provided again.

The costs associated with the provision of pension payments are borne by the Pension Fund. The state treasury will subsequently compensate for the expenses incurred by the Pension Fund for the payment of early pensions to laid-off citizens.”

List of papers

Pensioners who have been laid off must prepare the following documents to receive an early pension:

• identification;
• employment history;
• education document;
• an extract from the last company indicating the salary for the last three months.

An entry must be made in the work book about why the dismissal was carried out.
If a person is included in the list of layoffs, then this must be indicated. As for the document on education, for people who have issued a pension, a diploma, certificate, or other paper from an educational institution that confirms their specialty is suitable for this. Generally speaking, the specified list of documents is basic, but other papers may also be required at the request of Pension Fund employees. Let’s say that the reason for dismissal indicated in the work book is not clear. This means that the citizen will have to present an additional document, which will describe in detail the specifics of the reduction.

At what age is it possible

To retire early if there is a reduction in staff, you must reach pre-retirement age (PRA). This means that early granting of “pensioner” status is possible if the Russian citizen has no more than 2 years left before the onset of the pension period. It is likely that soon, against the backdrop of the pension reform, the PPV will be reduced, which will significantly expand the circle of Russians who have the right to become early retirees upon dismissal due to staff reduction.

Pre-retirement employees: who are they?

If a citizen of pre-retirement age happens to be laid off at an enterprise, then, subject to compliance with the regulated conditions, he may be assigned a pension for the unemployed.

It is important to understand that the privilege of early retirement applies only to citizens of pre-retirement age. The concept of a conditioned category is normatively fixed.

As a general rule, the contingent of pre-retirement citizens includes employees who have a period of work not exceeding five years remaining before reaching the general retirement age and receiving full state support. Considering that the generally established age for retirement will increase gradually, the pre-retirement indicator will shift accordingly.

Who can retire early?

Early assignment of pension payments to laid-off Russians is carried out under the following conditions:

A citizen is fired from his job due to the closure of a company

The enterprise was closed or the activities of the individual entrepreneur were terminated, and a reduction in the number of personnel of the enterprise or individual entrepreneur was established. Accordingly, the dismissal must occur for reasons that do not depend on the Russian. If a person resigns on his own initiative, he cannot become a pensioner early. This restriction was introduced by the government apparatus in order to prevent cases when a citizen specifically quits his job in order to start receiving payments.

In addition, it will not be possible to issue payments ahead of schedule in situations where a person is fired for the following reasons:

• the employee does not correspond to the position he occupies or the job duties performed due to low qualifications, certified by an attestation audit;
• the employee repeatedly failed to fulfill his work obligations without good reason, receiving disciplinary sanctions for this;
• An employee grossly violated work discipline once:
• missed work, that is, was absent from work without a valid reason throughout his entire shift or for more than 4 hours in a row;
• appeared at the workplace while intoxicated with alcohol, drugs or other toxic substances;
• disclosed a secret protected by law that became known to him in connection with the performance of his work obligations (including disclosure of personal data of another employee);
• committed theft, embezzlement at work, intentionally destroyed or damaged company property;
• violated labor safety standards if such a violation led to serious consequences (industrial accident) or created a real threat of these consequences.

Also, early pension is not issued upon dismissal for the following reasons:

1. an employee who directly services material assets committed guilty actions that led to the employer losing confidence in him;
2. an employee who performs educational functions has committed an immoral act that is incompatible with further work;
3. the head of the company or his deputies once grossly violated their own work obligations;
4. the citizen presented the employer with false documents when drawing up an employment agreement.

The citizen has a maximum of 2 years left until the PV

Accordingly, the opportunity to receive early pension payments appears for men at 63 years of age, and for women at 58 years of age. If you have the right to preferential pension provision - at 58 and 53 years old, respectively.

A Russian citizen has a work experience of at least 25 and 20 years for males and females, respectively

When calculating length of service, both direct work experience (periods during which the Russian carried out work activities) and other periods (for example, military service, temporary incapacity, maternity leave) are taken into account.

Assignment of payment amount

The amount of payments when applying for a pension early is calculated in the same way as for a standard pension. The pension points (PB) accumulated by a citizen are multiplied by the cost of one of them, and then summed up with a fixed payment.

Let's look at the calculation procedure using a specific example. Citizen V. accumulated 70 PB during his entire working life. As of the day of filing an application for an early pension, the cost of one PB was 90 rubles. We multiply 70 by 90, we get 6300. Add to 6300 the size of the fixed payment, for example, 5000 rubles. We find that citizen V. will receive 11,300 rubles monthly. as a pension.

Registration of early pension

To apply for a pension early, you must submit an application to the employment service. The institution’s employees will provide you with a referral for registration of pension payments. With this paper you need to visit the Pension Fund within 30 days. Remember that if more than 30 days have passed since the referral was issued and you have not visited the Pension Fund of Russia, this document will be cancelled. The only reason for prolonging the period of its validity is the illness of a citizen.

It happens that a Russian, having issued payments, finds a new job after some period of time. According to the legislative framework of the Russian Federation, in such a situation the pension ceases to be provided. The restoration of early pension provision can only be carried out if the Russian becomes unemployed again.

Insurance experience

This concept means the total period of work or other activity during which contributions were made to the Pension Fund of the Russian Federation.

Other activities - time:

• completing military service;
• full-time studies in secondary and higher educational institutions;
• being on sick leave for health reasons, caring for a child or a disabled family member, etc. (Article 11 Law of the Russian Federation No. 173-FZ of December 17, 2001).

If this length of service is greater than the level established for registration of early state support, for each year of excess it is allowed to receive 2 weeks of benefits.

Its total payment period is limited to two years.

In what cases can they refuse?

In certain situations, a Russian may be denied pension payments ahead of schedule. For example, a refusal will occur if a citizen several times refuses job offers from the employment service . In addition, payments will be denied if the amount of benefits for the unemployed is reduced.

The opportunity to become a pensioner ahead of schedule when staffing is reduced allows citizens to remain confident that they will not be left without a source of income if there are problems in the organization. The main thing is to comply with the conditions under which such a pension is awarded.

Liquidation of an enterprise: briefly about the main thing

Liquidation is a process as a result of which a legal entity or individual ceases to carry out its business activities.

The liquidation process is accompanied by the following features:

• The liquidation procedure must be carried out in compliance with procedural standards;
• Liquidation is necessarily accompanied by the payment of severance pay to employees;
• Liquidation allows employees to receive advantages when applying for a pension and registering with the employment center.

At the same time, the process of liquidation should never be confused with the process of merger, reorganization and other transformations of the organizational and legal forms of legal entities.

This video is unavailable

Those who work in hazardous industries will be able to retire at the age of 50. Plus, the employer must pay professional pension contributions for such people for at least five years. Since 2014, about 7 thousand companies began paying pensions for employees, and 400 thousand Kazakhstanis became participants in this system.

We recommend reading: Transfer of Account Balances in 2019 of a State Institution in 1s

— Already in 2020, the first opportunity appears, when persons employed in hazardous working conditions have reached the age of 50, have the opportunity, through the total accumulation of their pension contributions of 10 percent and those 5 percent whose professional contributions are paid by the employer, to buy a pension annuity from insurance companies. Today, on average, it takes just over 8 million in savings to purchase a retirement annuity.

Unemployment pension: basic conditions for assignment

To receive a pension for the unemployed, a dismissed person of pre-retirement age must meet a number of conditions, including:

1. The subordinate was dismissed at the initiative of the employer, which was caused by the need to reduce staff or liquidate the enterprise;
2. Before reaching the generally established pension qualification, the employee has no more than 2 years to work;
3. The accumulated individual indicators correspond to the established minimums (in 2019-20):

• Points – 16.2-18.6, respectively;
• The length of service is 20-25 years;

1. With existing qualifications, a dismissed employee cannot find a job anymore;
2. Within the time limits established by law, the pre-retirement pensioner applied to the Central Health Insurance Center and was registered.

Compliance with all regulated criteria gives the applicant for state payment the right to choose:

• Obtain the status of an old-age pensioner and receive a monthly benefit, the amount of which is established on the basis of private “established” criteria;
• Due to the assignment of unemployed status, receive a monthly benefit in the amount of about 11 thousand 300 rubles for a period of two years or more.