In accordance with the law "On Insurance Pensions", which entered into force on January 1, 2015, persons who have been teaching in institutions for children for at least 25 years have the right to establish an early old-age pension, regardless of age. At the same time, the law established an additional requirement for the presence of an individual pension coefficient (IPC) of at least 30. This indicator is introduced gradually: in 2015 - at least 6.6 with a subsequent annual increase by 2.4 until the coefficient reaches 30 by 2025. ...

The amount of the PKI for the periods after January 1, 2015 is determined for each year and depends on the insurance contributions to the Pension Fund for the insurance pension, which, in turn, are the higher, the higher the salary. Since the annual IPCs are then summed up, the length of service is also of great importance. Considering that pedagogical workers need a rather long experience - 25 years, then, even working with low wages, it is quite possible to earn an IPC value of 30 over such a period.

Pensions for pedagogical workers are assigned taking into account the List of positions and institutions, work in which is counted in the length of service, which gives the right to early assignment of an old-age pension and the Rules for calculating these periods of work, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781. The list specifies the concepts of "pedagogical activity" and "institutions for children". In order to acquire the right to an early retirement pension, it is necessary that not only the institution, but also the position correspond to the List.

The right to early retirement is given by work in general education schools of all names, boarding schools, preschool educational institutions (kindergartens, nurseries), vocational schools, technical schools, colleges, orphanages.

Work in the listed institutions will be counted in the length of service, which gives the right to early retirement, if held in the positions: teacher, educator, music director, speech therapist, teacher, industrial training master, military leader, director, deputy director, etc.

What is new is that, in order to determine the right to an insurance pension, the periods of work can be included in the insurance period and the length of service in the corresponding types of work, consistently taking into account the pension legislation in force when assigning a pension during the period of this work (activity).

For example, now, taking into account the Regulations approved by the decree of the Council of Ministers of the USSR of 12/17/1959, service in the army before 10/01/1993 can be included in the teaching experience. To do this, the following conditions must be met: pedagogical activity must begin before the specified date, and the pedagogical experience must be at least 16 years and 8 months on the date of the appointment of the pension, and together with military service at least 25 years.

Also, under similar conditions, the period of study before October 1, 1993 can be counted in the teaching experience. The regulation of 12/17/1959 provided that the time of study in pedagogical educational institutions and universities is included in the teaching experience if it was immediately preceded and immediately followed by teaching activity. The period of study can only be counted in full (from enrollment in an educational institution to graduation), and not a separate part of it.

Angelica Khimbikiyanova (Krasnodar, Russia)

Pension provision is one of the most important state social guarantees, since it directly affects the interests of disabled citizens, as a rule, constituting more than 25-30% of the population of any country, and indirectly - the entire able-bodied population. It should be noted that as early as the 1920s, seniority pensions were introduced for educators. Today, teachers enjoy the right to early assignment of an old-age retirement pension. An early retirement pension is a pension that is established in connection with certain circumstances before reaching the appropriate retirement age for those citizens who have full work experience, including special. This right is enjoyed by teachers who have worked in children's institutions for at least 25 years and only in state and municipal children's institutions. Unfortunately, it is by no means easy to exercise the right to receive a “pedagogical” pension. This is due to the large number of regulations applied at different times, complex rules for calculating teaching experience, and employers' mistakes made in the personal documents of employees, and often the wrong actions of employees of the Pension Fund. Thus, it is necessary to determine what components are required so that the teacher can exercise his right to early retirement.

Considering cases on challenging the refusal of the Pension Fund of the Russian Federation (hereinafter referred to as the Pension Fund of the Russian Federation), a list of circumstances that are established in the court session should be highlighted: what to include in the special length of service, taking into account which an old-age retirement pension can be assigned before reaching the generally established retirement age ; the courts decide on the type (type) of the institution; the identity of the job function performed by the plaintiff; the conditions and nature of the activity based on the specific circumstances of each case. There are also other circumstances established in the court session: the nature and specifics, working conditions, functional duties performed by the plaintiff, workload, goals and objectives, as well as the directions of activities of the institutions in which he worked and the like.

The above circumstances were taken into account by the Constitutional Court of the Russian Federation (hereinafter referred to as the Constitutional Court of the Russian Federation), which, by its resolution dated 03.06.2004 No. 11, recognized the provisions of clauses 10, 11 and 12, clauses 1 of Art. ... 28 and paragraphs 1 and 2 of Art. 31 of the Federal Law of December 17, 2001 No. 173 "On Labor Pensions in the Russian Federation" -FZ (hereinafter - the FZ "On Labor Pensions") to the extent that in the system of the current legal regulation of pension provision, these provisions do not allow , which gives the right to early assignment of an old-age labor pension to persons engaged in pedagogical activity in institutions for children, the periods of their implementation of this activity in institutions that are not state or municipal, which were included in the corresponding length of service by previous legislation. However, within the meaning of Part 2 of Art. 8, h. 1 and 2 of Art. 19, part 1 of Art. 35, h. 1 and 3 of Art. 37, parts 1 and 2 of Art. 39 and part 2 of Art. 55 of the Constitution of the Russian Federation, the form of ownership as such cannot serve as a sufficient basis for differentiating the conditions for assigning old-age labor pensions to persons working in institutions for children in the same positions in terms of their functional duties and in the same professions.

Federal Law No. 319-FZ of December 30, 2008 "On Amendments to the Federal Law" On Labor Pensions in the Russian Federation "" in the Federal Law "On Labor Pensions" was amended in terms of early retirement benefits for teachers. Currently, in clause 19 of Art. 27 (as amended on July 2, 2013) Federal Law "On Labor Pensions" dated December 17, 2001 No. 17

The mention of the form of ownership of institutions for children with the early appointment of old-age retirement pensions to pedagogical workers has been excluded. But, in addition to the form of ownership of the institution in which the employee works, there are also other important factors that serve as the basis for teachers to retire from old age.

In schools and other institutions for children, there are also difficulties in determining the correspondence of the duties performed to the name of the position in which early retirement due to old age is possible. So, work is included in the teaching experience if the name of the institution where the teacher worked coincides with the name of the institution in the mentioned list. However, the names of institutions were often changed arbitrarily, so this can lead to problems when assigning a retirement pension. The reasons for the problems that have arisen lie both in significant changes in legislation in the period from 1990 to 2002, and in the actions of the administration of pedagogical institutions.

When assigning a retirement pension to a teacher who began his career in Soviet times, at least three normative documents are used to determine his right to an early retirement pension, defining the list of positions and institutions in which work is counted in the length of service, which gives the right to early assignment of retirement pension , as well as the rules for calculating the periods of such work. Until November 1, 1999, the resolution of the Council of Ministers of the RSFSR of September 6, 1991 No. 463 was in force, in the period from November 1, 1999 to November 12, 2002 - the decree of the Government of the Russian Federation of September 22, 1999 No. 1067, from November 12, 2002. - Decree of the Government of the Russian Federation of October 29, 2002 No. 781. ...

Article No. 05/2003 of the School Psychologist magazine of the First September publishing house.

Collection of acts of the President and the Government of the Russian Federation of September 27, 1993 No. 39. Art. 3625

Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 2005 No. 25 "On some issues that have arisen among the courts when considering cases related to the exercise by citizens of the right to labor pensions." Russian newspaper. December 29, 2005. "No. 3963

Cassational determination No. 33-478. Gorno-Altaysk. 26.08.2010. [Electronic resource]. Access mode: http://www.consultant.ru/

Resolution of the State Standard of the Russian Federation OT 26.12.94 No. 367 on the adoption of the Russian classifier of workers' professions, employee positions and wage categories OK 016-94. [Electronic resource]. Access mode: http://www.consultant.ru/

Supervisor:

PhD in Law, Senior Lecturer

Vasilyeva Evgenia Grigorievna.

Separate rules regarding the conduct of teaching work have been established for the heads of individual institutions (for example, for directors of general education institutions, general education boarding schools, special (correctional) educational institutions, etc.). Starting from 09/01/2000, in order to be credited with the length of service as the head of an institution, a set amount of teaching work is required (from 240 hours to 360 hours per year). Teaching work can be carried out both in one and in several educational institutions.

In addition to educational, social and correctional institutions for children, the List contains institutions of additional education for children (out-of-school institutions), work in which also gives the right to early assignment of an old-age labor pension. Such institutions include, for example, a children's art school, children's and youth sports schools, specialized children's and youth sports schools of the Olympic reserve, a palace of pioneers and schoolchildren, a children's creativity center, etc.

Additional conditions have been established for employees of these institutions. Periods of work in institutions of additional education from 01.01.2001 are counted in the length of service for the appointment of an early retirement pension if, as of 01.01.2001, work experience in positions and institutions provided for in the List is at least 16 years 08 months and at the same time the fact of work in the period from 11/01/1999 to 12/31/2000 in the relevant positions in institutions of additional education. In the absence of one of the above conditions, work in institutions of additional education for children from 01.01.2001 will not be counted.

In connection with the adoption of the Decree of the Constitutional Court of the Russian Federation of January 29, 2004 No. 2-P, when determining the right to an early retirement pension, the norms of the previous legislation are applied: for the length of service, approved by the decree of the Council of Ministers of the RSFSR dated 06.09.1991 No. 463; The list of positions and institutions in which work is counted in the length of service, which gives the right to a seniority pension in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the terms of service for assigning a seniority pension, approved by the decree of the Government of the Russian Federation from 09/22/1999 No. 1067.

The specified procedure for the application of legislation is limited by the time frame of the relevant normative acts (until 01.11.1999, the resolution of the Council of Ministers of the RSFSR No. 463 of 09/06/1991 applies, from 11/01/1999 to 11/12/2002 - the decree of the Government of the Russian Federation of 09/22/1999 No. 1067, from 12/11 .2002 - Resolution of the Government of the Russian Federation dated October 29, 2002 No. 781).

In accordance with the current legislation, the special length of service, along with the periods of work, includes the periods of receiving benefits for state social insurance during the period of temporary disability, as well as the periods of annual basic and additional paid vacations. Maternity leave is not excluded from the length of teaching experience.

The current legislation does not provide for the inclusion of periods of a woman on parental leave up to 3 years of age in the special length of service.

The issue of crediting the periods of a woman on parental leave to a special length of service can be considered within the framework of the application of the decisions of the Constitutional Court of the Russian Federation of January 29, 2004 No. 2-P, i.e. taking into account the earlier legislation in force, according to which the periods of a woman's stay on parental leave, provided until 06.10.1992, until the child turns 1.5 years old, are included in the teaching experience.

It should be noted that the choice of the most advantageous option for assessing pension rights is carried out individually when citizens apply for an early retirement pension.

3. Registration of early retirement pension and necessary documents

Resolution of the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund of the Russian Federation of February 27, 2002 No. 16/19 approved the documents for registration of a pension. All documents that confirm your right to receive a pension must be issued by the competent authorities, they must contain only reliable information, the grounds for issuance must be certified by the signature of the official and the seal of the authority that issued them.

All documents are not exhaustive. In order to confirm some circumstances, certificates of an approved sample must be provided.

The right of an objective assessment of the submitted documents remains with the body of the Pension Fund of the Russian Federation. You can find out about the procedure for registering a preferential pension and a list of documents in the district department of social protection.

List of documents for registration of labor pension

· Statement;

· Identity document, age, place of residence, citizenship;

· Card of individual (personified) accounting;

· Certificate of average monthly earnings for 2000-2001 or 60 consecutive months before January 1, 2002 during employment;

· Birth certificates of children;

· Military ID (for men).

The main and most important document confirming work experience before registration as an insured person is a work book.

Also, such documents can be forms issued by organizations in the prescribed manner. After that, the candidate became an insured person, an individual (personified) account became a document confirming work experience.

Sometimes, if the documents are lost and there is no way to restore them, the evidence of your employment may be the testimony of two or more witnesses who worked with the applicant.

The document on the average monthly earnings is an extract from the personalized account for 2000-2001.

If the average monthly earnings for 2000-2001 are less than 1,743 rubles 40 kopecks, then you must provide a certificate of earnings for any 60 consecutive months in the period before January 1, 2002.

If the average monthly salary falls on a period when the applicant has not yet been registered as an insured person, then this period can be confirmed by certificates issued by the employer or state (municipal) authority, based on accounting documents.

Establishment of wages based on testimony is not permitted.

The reason for the lack of data must be documented.

The insurance certificate will be proof that the applicant is a member of the compulsory pension insurance system. It must be presented to the employee of the Pension Fund at the time of filing an application for the payment of a pension.

To establish some legal issues, the following documents may be needed: marriage certificate, divorce certificate, child's birth certificate, certificates from housing authorities or local authorities, income certificate of family members, court decision, war veteran's certificate, death certificate, etc. etc. The applicant must clarify the need for these or other documents directly with the Pension Fund.

Conclusion

Until now, litigation over the assertion of their rights by educators to the early appointment of an old-age retirement pension in connection with teaching activities does not subside. Often, judicial vicissitudes become so humiliating for a teacher that they negatively affect both his health and his activities.

With the adoption on December 17, 2001 of the law "On labor pensions in the Russian Federation", the pension legislation has undergone significant changes. When applying the provisions of the new law, various problems arose, and judicial practice was formed. The most controversial practice has developed with regard to the appointment of early retirement pensions for employees of educational institutions. Due to the special procedure for the appointment of this type of pension, the claims of this category of cases in the field of pension coverage (along with similar claims regarding the pension coverage of medical workers) have been the most numerous in the courts of the Russian Federation over the past few years. Analyzing the judicial practice of the courts of the Irkutsk and Chita regions, one can single out a number of specific problems that arose in the application of legislation on the appointment of early labor pensions to teachers.

First, for a long time, teachers were refused early retirement pension because of their work in non-state and non-municipal institutions. Subparagraph 10 of clause 1 of Art. 28 of the Federal Law "On Labor Pensions in the Russian Federation" established that only employees of state and municipal educational institutions have the right to an early labor pension. And although the nature of work in state and non-state educational institutions is the same, the territorial bodies of the Pension Fund refused to assign this type of pension on a formal basis.

Bibliography

1. Alabastrova A.A. Directory of the head of a preschool educational institution. M .: Vako, 2008–208 p.

2. A check came to the kindergarten. R. - on - D .: Phoenix, 2004, 644 p.

3. Geyts I.V. What has changed in the labor code of the Russian Federation. M .: Business and service, 2006.-175 p.

4. Preschool education in Russia. M .: AST, 1997.-336s.

5. Law of the Russian Federation "On Education" Text as amended. and add. for 2009. Publisher: OZON, 2009–560 p.

6. Nazarov A.S., Savitskaya T.S. Pre-term old-age pensions for pedagogical and medical workers. Moscow: International Center for Financial and Economic Development, 2003–126 p.

7. Handbook of the head of the kindergarten. Rn.-D .: Phoenix, 2004–619.

8. New in the pension legislation of the Russian Federation. Ed. Omega-L, 2006.-208 p.

9. Pension legislation of the Russian Federation. Ed. Exam, 2005–96 p.

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11. Labor Code of the Russian Federation. Publ .: EKSMO, 2009–272 p.

2. Early retirement pension for employees of educational institutions

The early provision of an old-age labor pension to persons engaged in pedagogical activity in state and municipal institutions for children is understood as a monthly monetary payment established for pedagogical workers in accordance with paragraphs. 10 p. 1 art. 28 of the Federal Law "On Labor Pensions of the Russian Federation" for the purpose of their material support.

An early retirement pension in connection with pedagogical activity is established for persons who have been carrying out pedagogical activity for at least 25 years in state and municipal institutions for children, regardless of age.
For the provision of pensions in this category, by Decree of the Government of the Russian Federation No. 781 of October 29, 2002, the List of positions and institutions where work gives the right to an early retirement pension and the Rules for calculating the length of service, giving the right to an early retirement pension, was approved.

The specified List contains an exhaustive list of positions and institutions, work in which is counted as seniority in the relevant types of work, and the ideology of its application is based on the exact correspondence between the names of positions and institutions in which the work took place, the names of positions and institutions provided for in the List.

When carrying out work in an institution whose name is not provided for in the List, the period of work in the seniority for the appointment of an early retirement pension is not counted. For example, such institutions as a children's plant, a complex are not provided for in the List, respectively, work in such an institution is not counted in the length of service in the relevant types of work.

The list includes positions: director (head, head), deputy head (provided that his activities are related to the educational process), head of the educational department, teacher, incl. senior, educator, incl. senior, teacher-methodologist, organizer of extra-curricular and out-of-school educational work with children, master of industrial training, teacher, speech therapist, speech therapist, teacher-defectologist, head of physical education, music director, social teacher, teacher-psychologist, teacher, nursery group teacher and other positions.

Periods of work in positions not provided for in the List or having any deviations in their name are not counted in the length of service in the relevant types of work. So, for example, work in the positions of a pioneer leader, methodologist, psychologist, circle leader, nurse-educator, etc. is not counted for the appointment of an early retirement pension.

When determining the right to early assignment of an old-age retirement pension, work in certain positions is counted depending on the time of its fulfillment. So, work in the positions of a teacher-methodologist, organizer of extracurricular and extracurricular educational work with children is counted only for the periods before 11/01/1999; in the positions of a teacher, teacher-educator, nurse of a nursery group - for the periods before 01.01.1992.

Heads of preschool institutions (kindergartens, nursery schools, nurseries, child development centers - kindergartens) and their deputies from 01.11.1999 have no right to assign an early retirement pension for old age. The length of service in these institutions and positions is valid only until 01.11.1999.

Work in the positions of a social teacher, a teacher-psychologist, a labor instructor is counted towards the length of service on the relevant types of work according to the List of October 29, 2002, but not in all institutions provided for in the Lists, but only in institutions of social and correctional orientation.
According to the general rule for calculating special length of service, the periods of work performed before 09/01/2000 in positions in the institutions provided for in the list are counted in the work experience regardless of the conditions for fulfilling the norms of working time (pedagogical or academic load) during these periods, and starting from 09/01/2000 - subject to the fulfillment (in total for the main and other places of work) the norm of working time (pedagogical or study load) established for the wage rate (official salary), with the exception of the position of a music director, whose work requires confirmation of the fulfillment of the established norm of working time for the entire period of activity in this position.

An exception to the established rule is made by primary school teachers of general education institutions and teachers located in rural areas of general education schools. Confirmation of the fulfillment of the working time norm is not required for them. Also, regardless of the fulfillment of the working time norm and the conduct of teaching work, work in the position of deputy director for educational, educational, educational, educational and production work directly related to the educational (educational) process is counted in the length of service. On the contrary, for deputy heads for scientific and methodological work, additional confirmation of direct employment with the educational (upbringing) process is required.

The specified procedure for the application of the legislation is limited by the time frame of the relevant normative acts (until 01.11.1999 the resolution of the Council of Ministers of the RSFSR No. 463 of 06.09.1991 applies, from 01.11.1999 to 12.11.2002 - the decree of the Government of the Russian Federation of 22.09.1999 No. 1067, from 12.11 .2002 - Resolution of the Government of the Russian Federation dated October 29, 2002 No. 781).

The current legislation does not provide for the inclusion of periods of a woman on parental leave up to 3 years of age in the special length of service.

It should be noted that the choice of the most advantageous option for assessing pension rights is carried out individually when citizens apply for an early retirement pension.