A certificate from the place of study is provided:
— to receive a tax deduction for parents for each student under the age of 24 in full-time education (graduate student, resident, intern, student, cadet); — to receive tax benefits for large families; — to obtain a preferential travel document for travel on public transport; — to obtain a tourist or Schengen visa when traveling abroad; - for parents to apply for an old-age or disability pension who have dependent children or to receive a survivor’s pension; - for submission to the military registration and enlistment office to obtain a deferment from military service; — to be provided when applying for a job during the period of full-time study.
Ways to obtain a certificate of study
Of course, you can ask the dean’s office to obtain a certificate of study at a university or institute. Usually methodologists or secretaries are responsible for this work.
But what if you are no longer a university student or have not yet enrolled, and you need a certificate urgently? There is an exit. You can buy a certificate of study at a university at a very reasonable price.
You can order a certificate from us confirming your studies at almost any university in the Russian Federation. The document will not be any different from the original. We guarantee that the certificate will be filled out correctly and will not cause suspicion. Our company uses only high-quality forms, identical to those issued by universities. Of course, the certificate will have a stamp and signature. You will be able to present it where needed, with peace of mind.
To buy a certificate from a university, you only need to leave us an application. Then our employee will call you to discuss the details of the order and inform you when it will be ready. In a couple of days, the completed certificate will be in your hands. Fast, high quality, convenient and inexpensive.
The certificate must contain:
— full name of the educational institution and its address; - FULL NAME. student; - name of the faculty and number of the course in which he is studying; — form of training; - position, full name and the signature of the authorized person who issued the certificate; - seal.
Sample certificate
…………………………………………………………. Letterhead or stamp of the educational institution indicating its name, Certificate of legal address, telephone numbers, date of issue, outgoing number ………………………………………………………..
Given _______________________________________________________ in that he (a)
(full full name of the student) is indeed a student of _______________________________________________ (name of educational institution) ________course ____________________________ faculty __________________ forms of (full-time, part-time, evening) studies. The certificate was issued for presentation to ___________________________________________ __________________ / _______________________________ (signature) (position, full name of the employee) M.P.
Instructions: draw up a preferential certificate to the Pension Fund
Before the early retirement date, the employee turns to the employer with a request to fill out such an application with the Pension Fund. This issue is dealt with either by the human resources department or by an employee who is entrusted with the functions of working with the Pension Fund.
The employer must provide a completed and signed application no later than 3 days from the date of the employee’s application. If the organization in which the applicant was employed and in which he had difficult working conditions or hazardous work was liquidated at the time of the application, the citizen will have to contact the archive where all documents were transferred after the liquidation of the institution. The certificate is not a unified form, so the employer has the opportunity to draw up a document with the Pension Fund in free form by filling it out on company letterhead.
The main condition for such documentation is a broad evidence base that the citizen has the right to early retirement leave, that is, the certificate must include as much information as possible confirming the possibility of the benefit. Despite the fact that the register can be developed by the institution independently, the specialist must follow various methodological recommendations. For example, when calculating the preferential length of service that gives the right to early retirement, you need to take into account the rules established by the RF Regulation No. 516 of July 11, 2002.
The sample benefit certificate to the Pension Fund must include the following data: Full and short name of the employer, its details. Last name, first name and patronymic of the employee. An employee's position giving the right to a benefit in accordance with Art.
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How to include (Part 2) studying at a university in your retirement experience.
Pension Funds in the regions of the Russian Federation apparently try at all costs to underestimate accrued pensions. One familiar head of the Organization told me in 2012 that his employee received a pension one and a half times more than HE – the boss, let’s call him Grigory Semyonovich, with a higher salary and the same length of service..
Then Grigory Semyonovich asks his retired employee how she managed to get a pension one and a half times larger. To which the employee replied that her daughter works at the Pension Fund..
Hence the CONCLUSION that employees of the Pension Fund can, at their discretion, assign larger pensions to THEIR OWN (or their relatives), and smaller pensions to their “step-relatives”. ..
I don’t know the specific facts; I wasn’t present during the bribery, but it’s a fact. That the employees of the Pension Fund of the city of Orel stupidly do not want to accept my arguments, which I presented to them 5 times both directly and through the Prosecutor General’s Office... makes me think, maybe then give them a bribe??? What kind of corruption is this???
Veiled... in order for a government official to work according to the law and conscience, he must be given a bribe, or what?? Maybe I'm wrong?
Now let's look at this.. On Friday, January 17, 2020, I went to a free legal consultation, which is located just opposite the building of the Zavodsky district of Orel, (in the same area there is the Pension Fund of Orel and the Oryol district and the Oryol region, literally half a kilometer away) . In a conversation with a lawyer, it turned out that in cases like mine, it is often enough to write a letter to the Central Pension Fund in Moscow.
He said that in Moscow they think “differently than in Orel” and... other provinces. And in Moscow they will sort it out and charge you as much as possible , according to the law... ...if you argue correctly legally - the lawyer emphasized verbally - "Like, I can write such a letter for money... but without a guarantee that it will work out.."
Then I thought... - well, if there is no guarantee, then I can try to write there myself. Which I did immediately on Monday...January 20, 2020. I wrote a COMPLAINT based on a letter to the Prosecutor General’s Office (see the article about applying to the Prosecutor General’s Office). I found the website of the All Russia Pension Fund on the Internet, and it turned out that there is an anti-corruption department. Well, there, and addressed to the Chairman of the Pension Fund of the Russian Federation, Drozdov, I wrote a complaint with suspicions that I was fraudulently deceived in calculating my pension and was being put on the verge of corruption, being tricked, it seems, into a bribe... for the calculation of a legitimate pension.
In addition, I found a long time ago a court decision on a similar issue in the city of Myski, where a man managed through the court to include training at SPTU in his pension experience. The court itself argued that such training is professional preparation for subsequent work, provided that before studying at a university or other educational institution there is at least 1 day of your work activity DOCUMENTED!!!
I added this court decision in Myski to my Complaint as proof of my rightness, the potential dishonesty of Pension Fund employees in the regions; Potential ground for corruption in the ranks of Pension Fund employees.. And I attached it, a court decision with good legal reasoning, as an Appendix to my complaint. As an example of injustice, etc.
In this, part 2, of the article, I will first give the text of my complaint, and then the text of the court decision in Myski, the judge is a certain Popov A.A. And on this basis, I invite everyone interested in the fair calculation of pensions to follow my example and write similar complaints about their regional pension funds to Moscow to the Board of the Russian Pension Fund. The correct calculation of a pension, taking into account study at a university, should be especially smoothly done by doctors and teachers, because they get purely professional training if you have worked all your life or for a long time in your specialty as a doctor or teacher (This is how one of the employees of the Pension Fund of Russia explained it to me). Ivanovo).
Ivanovo. City Hall, Pl.. Revolutions..2019 There is no revolution, no proletariat anymore!
and Lenina’s Nadezhda does not fade...
If it doesn’t work out through Moscow, then 100% it will work out through the court, if you take the court decision in Myski as a model. I note that there is great interest in this topic, especially today (like a premonition)))): on the website “Proza.RU” today, January 20, 2020, by 15:00, 31 visitors were registered - ELEVEN of them were people who read the first part of my article .. From which it follows that the topic is urgent and relevant..
Let's act together and share our results and we will achieve a fair calculation of our pension!
To the Chairman of the Board of the Pension Fund of Russia Anton Viktorovich DROZDOV
To the Department for Work with Citizens' Appeals
Executive Directorate of the Pension Fund of Russia
From Pepin Sergey V
residing at the address: Orel,
Moskovskoe highway, house..
TIN – 5751000…… Pence. Fear. Certificate No. 020-……
. Tel. : 8-910-207-………….
COMPLAINT about violation of the rights of citizens of the Russian Federation and possible fraud by employees of the Pension Fund of the Russian Federation in the Oryol district and the city of Oryol. (On the unconstitutional method of calculating pensions in the Pension Fund of the Russian Federation: the longer the length of service, the lower the pension...,)
For 2020-19, I wrote 5 letters to the PR of the Russian Federation in the city of Orel with requests to include the time of studying at a university in the pension experience when calculating my pension in clause 3 of Federal Law 173 Art. 30 are met with REFUSAL from the employees of the Orel Pension Fund and its head Abramova E.V. At the same time, they are not embarrassed by the obvious discrepancy between the FACTS in the certificates they issued and the calculations given in Appendix 1.
In the responses of the Pension Fund of the Russian Federation in the city of Oryol, I am given calculations that are clearly unconstitutional in nature: two options under paragraphs 3 and 4 of Article 30 of the Federal Law -173. The calculations for these points, in addition to extreme confusion, contain the ABSURD fact that the calculation of a pension for the same person (specifically for me) under Federal Law 173 Art. 30 p.p. 3 and 4 leads to a paradoxical result when calculating length of service up to 01/01/2002 (PLUS length of service up to September 2014 - 12 years 9 months 4 days).
1. According to paragraph 3 - experience = 20 years 8 months 5 days (33 years 2 months); PENSION = 10,498 rub. 47 kopecks
2. According to clause 4 - experience = 25 years 1 month 14 days (38 years 02 months) PENSION = 7769 rubles. 78 kop.
The ABSURDITY of the methodology for calculating pensions is obvious: THE LONGER the pension experience, the LESS THE PENSION!!???
In my case, if you calculate your pension taking into account your studies at a university, your experience will be almost 5 years MORE, and your pension will be 2,728 rubles LESS!!!!
My written and oral appeals to the attention of the Oryol PF employees to the absurdity and unconstitutionality remain unheeded for a reason unknown to me. I already have the impression that the employees of the Oryol Pension Fund are expecting a bribe from me in order to accrue my pension correctly.
I ask you to eliminate the unconstitutional attitude towards the pension rights of citizens of the Russian Federation (specified in paragraphs 3 and 4 of Article 30 FZ-173), which are trampled upon either by the amount of the pension or by the reduction of actual length of service, which I show by the example of the accrual of my pension from manipulations to include the time of my study at a university in my pension experience.
What actually exists now is either a mockery, or a mockery of the citizens of the Russian Federation, or fraud.. P.P. 3 and 4 of Article 30 of Federal Law No. 173 are spelled out so vaguely that they can be interpreted not in favor of citizens of the Russian Federation. I assume that in my case, the Oryol PF employees interpret these points not in my favor, without giving me a clear written answer, a substantive answer, why they are doing this..
Sometimes employees express the argument that during my studies at the university no contributions were transferred to the Pension Fund, which looks like a fraudulent ploy, because in FACT:
1. In 1976-81, the Pension Fund did not exist and therefore the requirement to transfer to a non-existent PF is illegal!
2. If transfers of contributions to the Pension Fund of the Russian Federation are needed, then I propose to credit towards the 5 years of study the excess contributions I transferred in 1993-1997, which were selected in the calculation of my pension. (I am attaching a copy of the calculation of my pension by the Pension Fund of Orel on 6 pages).
According to this calculation, it turns out that my income is 2.2 times higher than the average income in the Russian Federation in these years. In the calculation of pension capital, out of 2.2 times, only 1.2 is COUNTABLE to me, that is, HALF of the earnings, and therefore half of the contributions to the Pension Fund??
Which means that over these 5 years I overpaid my contributions to the Russian Pension Fund TWO times!!!
My proposal to the employees of the Pension Fund of the Russian Federation in Orel: either to count these overpaid contributions towards the “missing” contributions to the “university education account”, or to return to me the overpaid contributions to the Pension Fund with interest for 20 years, does not cause any legal actions by employees Pension Fund of the Russian Federation, Oryol.
It turns out in any case - complete lack of rights for citizens of the Russian Federation and complete arbitrariness in the actions of employees of the Pension Fund of the Russian Federation???
Or a field for fraud and corruption in the Pension Fund of the Russian Federation???
After all, even for defendants, according to the Constitution of the Russian Federation, Article 49, paragraph 3. “Unremovable doubts about the guilt of a person are interpreted in favor of the accused.” And in the Pension Fund of the city of Orel, all dubious interpretations of the law are interpreted NOT IN FAVOR of a citizen of the Russian Federation. But aren’t the Constitution and laws of the Russian Federation, and especially pension laws, created for “Recognition, observance of the rights and freedoms of man and citizen - as a duty of the state” (Article 2 of the Russian Federation)???
But in this matter, the Pension Fund of the Russian Federation in the city of Orel, as a state institution, does not act in accordance with the Constitution of the Russian Federation, does not fully respect the rights of citizens, but is engaged in some kind of thievery: “according to point 4, the length of study at the University is counted, but according to point 3, it is not count” How can this be??? Whether he has experience or not!!!
BUT the most interesting thing is that, according to the PF itself, there is experience. But “we want” we will count all of it, but “we want” we will not count all of it and, supposedly, everything is according to the law.. (At the same time, there is an advertisement on the media on radio and television from the Pension Fund of the Russian Federation that “the MORE EXPERIENCE, THE BIGGER PENSION”, that , judging by the fact of accruing my pension, is a deliberate deception of citizens of the Russian Federation, a lie, misrepresentation????)
In addition, there is already judicial practice that recognizes the actions of employees of the Pension Fund of the Russian Federation in such dubious calculations as ILLEGAL.
For example: Case No. 2-143/2016,2-2120/2015 (Decision No. 2-143/2016 2-143/2016(2-2120/2015;)~M-2077/2015 2-2120/2015 M-2077 /2015 dated February 2, 2020 in case No. 2-143/2016)
Myski City Court
1. Installed:
2. Plaintiff Terentyev A.P. filed a lawsuit against the UPFR in the city of Myski, Kemerovo Region, to declare illegal the decision of the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region No. 244 of December 3, 2020 and to impose obligations on the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo region, include in the insurance experience of Terentyev A.P. the period of study at the State Technical University No. 09/01/1970 to 07/15/1972.
…………………..
Decided:
3. To recognize as illegal the refusal of the decision of the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, set out in the minutes of the meeting of the commission of the pension body to consider the implementation of pension rights of citizens No. 244 dated December 3, 2015 regarding the refusal to include A. P. Terentyev in the insurance period period of study at GPTU No. from 09/01/1970 to 07/15/1972 and oblige the Office of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, to include in the insurance experience of Terentyev A.P. the period of study at GPTU No. from 09/01/1970 to 07/15. 1972.
4. The reasoned decision was made on 02/08/2016 and can be appealed within a month from the date of the final court decision to the Kemerovo Regional Court.
5. Judge A.A. Popov
The full text (Copy) of the decision of the Myski court is attached to this complaint.
Court decisions (using an example similar to My case) prove the illegality of the actions of the employees and the Management of the Pension Fund of the Russian Federation in the city of Oryol. Such actions of employees of the Pension Fund of the Russian Federation, who must act not only according to the Constitution of the Russian Federation, according to the laws, but also according to the Code of the Employee of the Pension Fund of the Russian Federation, actually create the ground and preconditions for illegal actions in the form of fraud and corruption: someone spends unnecessary time and money in court, and someone will prefer “monetary gratitude for the LEGAL calculation of a pension in the most beneficial way for the citizen..
Based on the above, I believe that my pension should have been calculated according to clause 3 of Article 30 of the Federal Law-173, taking into account the full length of service (with full inclusion of the entire time of my full-time study at IVG - this is an experience of 38 years and 2 months.) Such the accrual will be constitutional and will not violate my pension rights in accordance with Article 39, paragraph 2 of the Russian Federation, and will not take away from me 5 years of work experience and several thousand rubles monthly.
I believe that my demand is legal on the basis of Federal Law 400, Article 13, clause 8: “When calculating the insurance period in order to determine the right to an insurance pension, periods of work and (or) other activities that took place before the day this Federal Law came into force and were included in the length of service when assigning a pension in accordance with the legislation in force during the period of performance of work (activity), may be included in the specified length of service using the rules for calculating the relevant length of service provided for by the specified legislation (including taking into account the preferential procedure for calculating length of service), according to choice of the insured person.
And according to the laws and regulations in force during the period of my studies, for example Federal Law-340-1 - the period of preparation for professional activity = the time of study at IVSU was included in the length of service:
I ask the Pension Fund of the Russian Federation to provide me, in accordance with Article 48 clause 1 of the Code of the Russian Federation, with qualified legal assistance in restoring my pension rights and calculating a pension, taking into account my full actual work experience.
_______________Pepin S.V. January 20, 2020. Orel. Tel. 8-910-207-………
Applications: 1. Calculation of pension for Pepin S.V. dated December 27, 2019 - on 8 pages.
2.Copy of the Decision of Judge A.A. Popov, Myski - on 5 pages.
—————————————————————————————————-—————————————
For information: Article 15 of the Constitution of the Russian Federation
1. The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the entire territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
2. State authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.
3. Laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information.
Appendix 2.
Decision dated February 2, 2020 https://docs.pravo.ru/document/view/78007366/89583704/
In case No. 2-143/2016,2-2120/2015 (Decision No. 2-143/2016 2-143/2016(2-2120/2015;)~M-2077/2015 2-2120/2015 M-2077/ 2015 dated February 2, 2020 in case No. 2-143/2016)
1. Installed:
2. Plaintiff Terentyev A.P. filed a lawsuit against the UPFR in the city of Myski, Kemerovo Region, to declare illegal the decision of the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region No. 244 of December 3, 2020 and to impose obligations on the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo region, include in the insurance experience of Terentyev A.P. the period of study at the State Technical University No. 09/01/1970 to 07/15/1972.
3. The plaintiff motivated his demands by the fact that on September 1, 1970, the plaintiff entered state vocational school No., which he graduated from in 1972. After graduating from college, the plaintiff was sent to work at the Kuznetsk Metallurgical Plant as a fitter, where he worked until November 1973, and then was drafted into the ranks of the Soviet Army. Currently, the plaintiff has a need to formalize veteran's experience, but it is necessary to include the time spent studying at a vocational school in the special experience. In connection with this, the plaintiff applied to the Pension Fund of the city of Myski to include the time of his study in the special insurance experience, but by the decision of the meeting of the Commission of the Management of the Pension Fund of the city of Myski No. 244 dated December 3, 2020, the plaintiff was refused to include the time of the plaintiff’s study at the State Technical University in the special insurance experience , citing the fact that according to the Law of December 28, 2013 and the Decree of the Government of the Russian Federation No. 1015, the inclusion of periods of study in the insurance period is not provided for. The plaintiff considers the refusal to include study time in the insurance period to be unfounded for the following reasons. In accordance with paragraph 109 of the Regulations approved by Resolution of the Council of Ministers of the USSR of August 3, 1972 No. 590, when assigning old-age and disability pensions on preferential terms or in preferential amounts to workers and employees who worked in underground work, in work with hazardous working conditions and in hot shops and other jobs with difficult working conditions /subparagraphs “a” and “b” of paragraph 1b/ it is stipulated that, in addition to work as a worker or employee, training in schools, vocational schools and other schools is also counted in the total work experience on personnel training. Based on the meaning of pp. “z”, “g” of the Resolution of the Council of Ministers of the USSR of August 3, 1972 No. 590, the plaintiff believes that the Administration of the Pension Fund of the Russian Federation in the city of Myski unreasonably refused to include the plaintiff in the insurance period of study time at the State Pedagogical Technical University, since this Law provides for the inclusion of study time in the insurance period in GPTU (case sheet 3-4).
4. At the court hearing, plaintiff A.P. Terentyev insisted on satisfying the stated demands in full.
5. The representative of the UPFR in the city of Myski, Kemerovo Region, Govorovskaya A.V., acting on the basis of a power of attorney dated December 29, 2015 (case file 12), objected to the satisfaction of the claims, providing written objections, according to which she indicated that the Federal Law “ On Labor Pensions in the Russian Federation,” which came into effect on January 1, 2002, establishes the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions. In accordance with Federal Law dated December 28, 2013 N 400-FZ, this document does not apply from January 1, 2020, with the exception of the rules governing the calculation of the amount of labor pensions and to be applied to determine the amount of insurance pensions to the extent that does not contradict this Federal Law. Accordingly, when calculating the amount of the pension, Art. 30 of Federal Law No. 173-FZ.
6. According to paragraph 1 of Article 11 of Law N 400-FZ, periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in Part 1 of Article 4 of this Federal Law are included in the insurance period, provided that during these periods insurance contributions were calculated and paid to the Pension Fund of the Russian Federation. Article 12 of the said Federal Law provides for other periods that are counted towards the insurance period. The list of these periods is exhaustive and is not subject to broad interpretation. Thus, it follows from this legal norm that the period of study at an educational institution is not counted towards the insurance period. In order to preserve previously acquired rights to a labor pension, Article 30 of Law No. 173-FZ provides for the assessment of the pension rights of insured persons as of January 1, 2002 by converting them into estimated pension capital.
7. The estimated size of the labor pension by virtue of paragraph 2 of Article 30 of Law N 173-FZ is determined at the choice of the insured person either in the manner established by paragraph 3 of the said article, or in the procedure established by paragraph 4 of the said article, or in the order established by paragraph 6 of the said article articles. At the same time, paragraphs 3 and 4 of Law N 173-FZ provide a different list of periods. Which are included in the total length of service to determine the estimated size of the labor pension for a specific item. So, paragraph 3 of Art. 30 of Law No. 173-FZ does not provide for the period of study (preparation for professional activity) to be included in the total length of service. When assessing pension rights under paragraph 4 of Art. 30 of Law N 173-FZ, the total length of service takes into account periods of preparation for professional activity - training in colleges, schools and courses for personnel training, advanced training and retraining, in educational institutions of secondary vocational and higher professional education (in secondary specialized and higher educational institutions), postgraduate studies, doctoral studies, clinical residency.
8. Based on the provisions of Art. 2, 11 of the Federal Law “On Labor Pensions in the Russian Federation” No. 173-FZ, the period of study for which insurance contributions were not paid cannot be attributed to the period related to the insurance period. This period, by force of law, is included in the total length of service of persons, while, when determining the estimated size of the labor pension under clause 4 of Art. 30 No. 173-FZ, at the choice of the insured person, the application of previously existing legislation is not excluded, paragraphs 108, 109 of the Resolution of the Council of Ministers of the USSR dated 08/03/1972, providing for such a concept as “Total length of service giving the right to a pension”, in which, in addition to work Training in schools was counted as a worker or employee. Credit for the training period according to clause 3 of Art. 30 of Federal Law No. 173-FZ, which also does not exclude, at the person’s choice, the application of previously existing legislation, is not provided for (case sheet 15-16).
9. Having heard the plaintiff, the representative of the defendant, having studied the written materials of the case, reviewing the pension file of A.P. Terentyev, work record book, the court, taking into account the legal position of the Constitutional Court of the Russian Federation set out in Resolution No. 2-P of January 29, 2004 on the inadmissibility of deterioration conditions for the implementation of the right to pension provision of the insured person, including the amount of pension that he was counting on before the entry into force of the new legal regulation, the legal position of the Supreme Court of the Russian Federation, set out in paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 11, 2012 No. 30 " On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions”, finds the demands stated by the plaintiff to be satisfied.
10. Thus, according to paragraph 109 of the Resolution of the Council of Ministers of the USSR dated 08/03/1972 No. 590 - when assigning old-age and disability pensions on preferential terms or in preferential amounts to workers and employees who worked in underground work, in work with hazardous working conditions and in hot shops and other jobs with difficult working conditions (subparagraphs “a” and “b” of paragraph 16), and survivor’s pensions for their families, as well as old-age pensions for women workers at textile industry enterprises (subparagraph “c” of paragraph 16 ) the periods specified in subparagraphs “k” and “k” are equated, at the choice of the applicant for a pension, either to the work that preceded this period, or to the work that followed the end of this period. P.p. “z” of paragraph 109 of this Resolution provides that in addition to work as a worker or employee, the total work experience also includes: training in schools and schools of the state labor reserve system and the vocational education system (in vocational schools, railway schools, mining schools and schools, schools of factory training, schools of agricultural mechanization, technical schools, vocational schools, etc.) and in other schools, schools and courses for personnel training, advanced training and retraining.
11. The period specified in subparagraph “h” is equivalent to the work that followed the end of this period.
12. Thus, the legal regulation in force during the plaintiff’s study period provided for the possibility of counting such activities into the total length of service, and further changes in legislation cannot serve as a basis for infringing on his rights in the field of pension provision. A different interpretation and application of pension legislation would entail a restriction of the constitutional right to social security, which cannot be justified by those specified in Part 3 of Art. 55 of the Constitution of the Russian Federation are the goals for the sake of achieving which federal law allows restrictions on the rights and freedoms of man and citizen.
13. According to the Rules for calculating and confirming the insurance period for establishing labor pensions dated July 24, 2002. No. 555, approved by the Decree of the Government of the Russian Federation - the main document confirming the periods of work under an employment contract is the work book.
14. Plaintiff A.P. Terentyev is a recipient of an old-age pension under Art. 27.1.2. Federal Law “On Labor Pensions” from December 10, 2009 (case file 18).
15. On 12/02/2015, the plaintiff applied to the Pension Fund of Russia office in Myski with an application to include the period of study at GPTU No. from 09/01/1970 to 07/154/1972 in the insurance period in accordance with Art. 8.1. Federal Law No. 400-FZ dated December 28, 2013 (case sheet 19-21).
16. The decision of the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, set out in the minutes of the meeting of the commission of the pension body to consider issues of implementation of pension rights of citizens No. 244 dated December 3, 2020, was refused to include A.P. Terentyev’s period of study in the insurance period GPTU No. Novokuznetsk from 01.09.1970 to 15.07.1972, since, according to the defendant, periods of work and other activities are included in the insurance period, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation (case file 8 ).
17. From the plaintiff’s work book and diploma, it is clear that in the period from 09/01/1970 to 07/15/1972 the plaintiff was trained at State Technical University No. about the length of service is included as work with difficult working conditions according to list No. 2 (case sheets 6-7).
18. Judgment of the UPRF of the city of Myski that the disputed period was not included in the plaintiff’s total length of service on the basis that the calculation of the amount of the plaintiff’s retirement pension was made according to a more advantageous option for him - in accordance with clause 3 of Art. 30 Federal Law “On Labor Pensions in the Russian Federation” and which, in contrast to paragraph 4 of Art. 30 of the same law, training in schools is not included in the total length of service - the court is not taken into account, given that in a controversial legal relationship this rule of law does not have direct force.
19. In accordance with paragraph 1 of Art. 18 of the Federal Law “On Labor Pensions in the Russian Federation”, the appointment, recalculation of amounts and payment of labor pensions, including the organization of their delivery, are carried out by the body providing pensions in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation”, at the person’s place of residence who applied for a labor pension.
20. In this connection, the court considers it possible to declare illegal the refusal of the decision of the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, set out in the minutes of the meeting of the commission of the pension body to consider issues of the implementation of pension rights of citizens No. 244 dated December 3, 2020 regarding the refusal to inclusion in the insurance experience of A.P. Terentyev's period of study at GPTU No. from 09/01/1970 to 07/15/1972 and to oblige the Administration of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region to include in the insurance experience of A.P. Terentyev's period of study at GPTU No. from 09/01/1970 to 07/15/1972.
21. Taking into account the above, guided by Art. Art. 193-199 of the Civil Procedure Code of the Russian Federation, the court decided:
22. To recognize as illegal the refusal of the decision of the Office of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, set out in the minutes of the meeting of the commission of the pension body to consider issues of the implementation of pension rights of citizens No. 244 dated December 3, 2015 regarding the refusal to include A. P. Terentyev in the insurance period period of study at GPTU No. from 09/01/1970 to 07/15/1972 and oblige the Office of the Pension Fund of the Russian Federation in the city of Myski, Kemerovo Region, to include in the insurance experience of Terentyev A.P. the period of study at GPTU No. from 09/01/1970 to 07/15. 1972.
23. The reasoned decision was made on 02/08/2016 and can be appealed on appeal within a month from the date the court decision was made in final form to the Kemerovo Regional Court.
24. Judge A. A. Popov
PS It seems that in the depths of Russia there are still honest judges who serve the people of the Russian Federation..
What is Form SPV-2 in the Pension Fund of Russia
As we have already noted, the Pension Fund of the Russian Federation introduced a new reporting form SPV-2 in 2014. Changes were made to the PFR resolution No. 192p dated July 31, 2006. Thus, Form SPV-2 provides information about the insurance experience of the insured person to establish a labor pension (clause 1 of Resolution No. 192p). This document refers to information about individual personalized accounting of those insured in the compulsory pension insurance system (MPI).
You can download Form SPV-2 2014 from the Pension Fund of Russia on our website using this link.
Information about the insured should be reflected in the new Form SPV-2 not only for those who work under an employment contract, but also under a civil law one. That is, the report must be submitted for all those employees, including foreigners, to whom the organization or individual entrepreneur pays remuneration (and from them insurance contributions to the Pension Fund) and who are planning to retire.