Preferential length of service in different professions and harmfulness: how to calculate

Harmful experience - concept and legal regulation

The stable expression “harmful length of service” in the field of pension provision means the time spent performing a labor function in jobs and positions with harmful working conditions.
In accordance with Art. 30 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, if there is an established length of work experience in work performed in harmful or difficult conditions, a citizen has the right to retire before the age established by the general rule. However, it will not be possible to find a definition of this particular concept in any legislative act (as well as by-laws). A number of regulatory legal acts establish only a list of jobs with conditions that give the right to early retirement, and determine the procedure for taking into account such periods of work when assigning pension payments.

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These include:

• Law “On Labor Pensions...” dated December 17, 2001 No. 173-FZ (today it is applied in a limited way - exclusively in terms of the rules establishing the size of pensions);
• lists No. 1 and 2 of production, work, etc., according to which a citizen has the opportunity to receive early pension payments, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10 and valid to this day;
• lists of positions and industries in specific industries, also giving the right to apply for early retirement, approved by resolutions of the Government of the Russian Federation dated March 1, 1992 No. 130 and April 24, 1992 No. 272, the Council of Ministers of the USSR dated November 10, 1967 No. 1021 and a number of others;
• Decree of the Government of the Russian Federation “On lists...” dated July 16, 2014 No. 665, regulating the procedure for applying the above lists when assigning pensions in the context of the current pension legislation.

Is vacation included in harmful service?

This question often worries people who are planning to retire early.
In paragraph 5 of the Government of the Russian Federation Resolution No. 516 of July 11, 2002, a detailed description is devoted to this issue. After reading it, we can conclude that this length of service includes the time of annual paid leave - both basic and additional, which are often provided to people engaged in hazardous activities in order to improve their health. Harmful work experience allows a person who has worked a certain number of years in a hazardous or hazardous industry to retire early and receive benefits. But when applying for such professions, a person must soberly assess the situation and calculate his resources, since working in hazardous industries can seriously undermine one’s health.

How to calculate a preferential pension for a health worker

In connection with the pension reform in Russia, no changes were made to the conditions for obtaining an early retirement pension. According to the new law, all requirements for special length of service, general insurance experience, as well as retirement age standards for the provided preferential lists remained the same.

Thus, in order to apply for an early old-age pension under the new law in 2021 in connection with work in difficult and hazardous working conditions (the so-called preferential pension for hazardous work), several conditions must be met:

1. Reach the retirement age established for a specific category of professions.
2. Work for the required number of years in hazardous production - i.e. have the required quantity:
   special work experience in harmful (difficult) working conditions;
3. general insurance experience.
4. Have the required number of generated pension coefficients (IPC).

If a citizen was unable to accumulate the required amount of work experience in hazardous or difficult work, then in accordance with paragraph 1 and paragraph 2 of Part 1 of Art. 30 of Law No. 400-FZ, he has the right to reduce the general retirement age - i.e. reduction relative to 55 and 60 years for women and men (despite the general increase in the retirement age from 2019, this condition for workers in hazardous industries will not change).

Reducing the retirement age with incomplete harmful service is possible only if two conditions are met:

• having at least half of the established special experience (see table above);
• availability in full of the required amount of general insurance experience and IPC.

In this case, the retirement age is reduced proportionally according to the following rule: the standard is reduced by 1 year:

• when working according to List 1 - for every 1 full year of work for women and men;
• when working according to List 2 hazardous professions - for each:

• 2.5 years of hazardous work for men;
• 2 years of special experience - for women.

Note: SLS - special preferential length of service in years; PV - retirement age in years.

For Russian citizens working in difficult and hazardous working conditions, in underground work or in hot shops (the so-called list No. 1, list No. 2 and “small lists” of hazardous professions in the Russian Federation), the legislation provides for the possibility of early retirement if they have a specified amount of special length of service

The main condition is special experience obtained in the profession. An entry in the work book must be included. Fully worked periods are included. The following are excluded from special experience:

• long business trip not directly related to the performance of dangerous or harmful work;
• parental leave;
• administrative or educational leave.

For some professions, there are features of recording special experience. For example, a diver cannot work 8 hours every day. Here, the time worked is completely determined by the assigned tasks. The minimum load is set at 275 hours for each year or 25 hours per week.

For certain jobs, increasing coefficients are established:

• for persons working in the Far North - 1.5;
• for employees of leper colonies and anti-plague institutions - 2.

Seasonal work can be counted towards one year of work experience. It may concern field surveys and geological exploration, when work is carried out only during certain periods and is not standardized.

For accurate data, go to your personal account located on the Pension Fund website. The “Individual Personal Account” section contains the required information.

Payments are provided ahead of schedule before the day of submitting the corresponding application. Unlike the standard period, it is assigned from 55 years for men and 50 years for women. To qualify for payments, you will need both insurance and special experience in your profile.

The following requirements are established:

1. For women. A total of 15 years of experience is required. Of this period, the special experience must be at least 7.5 years.
2. For men. General experience is required from 20 years, and special experience - at least 10.

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The retirement age is set for women from 45 years, and for men from 50. To qualify for preferential payments, you need a total length of service of at least 25 years. Special experience is 10 years for women and 12.5 years for men.

In this case, preferential length of service is established for some professions. Such workers include nurses, paramedics, dentists, medical technologists, operating physicians, rheumatologists, and laboratory workers.

Based on experience, the basic requirement is established:

• 25 years in rural clinics;
• 30 years - in city clinics.

Some criteria are established that influence the final payments:

1. Residency studies do not qualify as special work experience.
2. Military service of conscripts is counted.
3. Maternity leave will be taken into account until 1992.

For teaching staff and related professions, a preferential pension is provided taking into account the total length of service, which cannot be less than 25 years. In addition, only specialists from municipal and state educational institutions are taken into account.

Early retirement is provided to teachers, speech therapists, senior teachers, management staff and educators. But there are some caveats regarding operating periods.

The work of a teacher is taken into account as preferential length of service if it occurred before November 1, 1999. The same rule applies to heads of educational institutions.

How to calculate a pension according to harmfulness

If a citizen has the right to early retirement in 2021 according to the preferential list, the amount of pension savings can be calculated independently:

If a citizen retires from January 2021 due to disability, the amount of pension payments will be determined as follows:

Harmful length of service required for early retirement

There are 2 lists providing for professions in hazardous industries. Pensions for such workers are calculated on preferential terms. An example would be teaching experience for a superannuation pension.

Employees of the pension authority who calculate benefits for citizens rely on data from these lists.

List 1 reflects all specialties that are associated with harmful and dangerous working conditions. The work that is performed in the workshop, underground, is listed. These conditions have a serious impact on the employee's health. Sometimes they lead to death.

The second list reflects professions that are less dangerous, but employees have the right to early retirement.

Regardless of the list, areas of activity that are classified as:

• “hot” production, including work in the field of machine construction, metallurgy;
• printing;
• timber harvesting;
• mines and mines;
• healthcare;
• work at Russian Railways;
• nuclear production;
• geology;
• navy;
• chemical and textile industries;
• rescue activities.

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In addition to these lists, others are provided; they reflect professions in the economic sphere.

Employees in the education sector can exercise the right to early retirement. This applies to persons employed as directors, their deputies, heads, teachers, teachers.

An important point is that the work book must correctly reflect the position in which the citizen worked. If the name of the educational institution or specialty is incorrectly indicated, Pension Fund employees will reject the application for early retirement.

Production includes periods when:

• contributions to the Pension Fund were paid;
• there was temporary disability;
• the employee was on vacation.

New rules for early receipt of pensioner status provide for the inclusion of periods of training in the length of service. Provided that the teacher works in the same institution before and after completing his studies.

The law reflects that field experience upon retirement gives the right to early retirement.

The employee will need to comply with the following conditions:

• reach a certain age (50 years for women, 55 for men);
• work for 10 and 12.5 years (values ​​are reflected for representatives of different genders, respectively);
• have an insurance experience of 20 and 15 years (for men and women).

Seasonal work also allows a citizen to receive a pension earlier than others. When a person has worked for 1 season, this time will be included in the length of service as 1 year. The calculation is carried out in the indicated manner, provided that the season has been fully worked out or the citizen is forced to stop working due to injury.

When calculating length of service, persons working on shifts must take into account the time when labor functions were directly performed, as well as the time spent traveling to the place of work.

You need to understand how the preferential length of service for pensions for healthcare workers is calculated. In this case, it is important in what area the citizen worked. If he worked in a village, then his total experience should be 25 years. For cities the value is 5 more. When calculating pension payments, special coefficients are applied.

The time the person worked full-time is taken into account. The output will include periods while the citizen was on sick leave or on vacation. Throughout the employee’s entire working life, the organization must make contributions to pension authorities for the employee.

Thus, preferential conditions when assigning pension benefits are enjoyed by persons whose specialty is reflected in the lists developed by the state. It is allowed to sum up work periods for early assignment of payments.

Starting from January 1, 2013, time spent working in harmful, dangerous or difficult production is counted towards special length of service, which allows for early retirement only if the employer accrues and pays additional insurance contributions to the Pension Fund of the Russian Federation. The tariff for these additional contributions is established by Art.

Until December 31, 2021, the rate of additional insurance premiums can be determined based on the results of certification of workplaces, if a special assessment of working conditions has not yet been carried out (

part 8

Art. 35 of Law No. 400-FZ). Starting from 2021, a differentiated additional tariff will be introduced only for professions that have undergone a special assessment.

List 1 of professions that give the right to early retirement includes positions related to underground work, hot shops, and hazardous working conditions. To determine the right to a preferential pension, a list of works and positions approved by legislative acts is used:

• for periods of work before 01/01/1992, the list approved by Resolution of the USSR Council of Ministers No. 1173 of 08/22/1956 is applied;
• for work after 01/01/1992, the list provided by Decree No. 10 of 01/26/1991 is used.

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Experience in such types of work after 01/01/2013 is counted as preferential (special) if the employer makes additional insurance contributions to the Pension Fund in accordance with the results of a special assessment of working conditions (in accordance with Part 6 of Article 30 of Law No. 400-FZ).

With a complete list of all envisaged industries, positions, works falling under list No. 1 of hazardous professions, you can

list

, approved by Resolution No. 10 of January 26, 1991. The right to a preferential pension is granted provided that the entry in the work book corresponds to the name of the position in the provided list.

List 2 of professions that allow early retirement include work with harmful and difficult working conditions. The list of professions included in this list is established by the same regulations as for List No. 1: for periods of work before 01/01/1992, Resolution No. 1173 of 08/22/1956 is in force, from 01/01/1992 - Resolution No. 10 of 01/26/1991

The period of work under List No. 2 after 01/01/2013 is counted as a special preferential length of service if the employer pays additional insurance contributions to the Pension Fund of the Russian Federation at rates established as a result of a special assessment of working conditions (Part 6, Article 30 of Law No. 400-FZ) .

A complete list of industries, professions and types of work according to list No. 2 is given in the official

list

, approved by the Government. In order to retire early according to the second list of harmfulness, you must have a record in your work book of work in the corresponding position provided for in this list.

The pension legislation provides for conditions for early retirement for workers in other professions that were not included in Lists 1 and 2, but are also associated with difficult and harmful working conditions. The list of such professions is called “small lists”, and they are listed in paragraphs 3-18 of Part 1 of Art. 30 of Law No. 400-FZ.

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

For Russians working in hot shops, in hazardous, difficult working conditions, in underground work, including for citizens of certain professions (the so-called “small lists”), an old-age pension is assigned early - i.e. before reaching the generally established retirement age. This possibility is provided for in Part 1 of Art.

If the harmful experience indicated in the table was not completed in full, then you can count on a reduction in the generally established retirement age in proportion to the accumulated special experience.

It should also be noted that from January 1, 2013, the period of work in hazardous (heavy) production is included in the special length of service only if the employer pays additional insurance contributions to the Pension Fund at a special rate. Its value is determined depending on the results of a special assessment of working conditions, which the employer is obliged to conduct.

Special assessment of working conditions and additional contributions to the Pension Fund

Each director of an enterprise, in accordance with Federal Law No. 426-FZ of December 28, 2013 “On a special assessment of working conditions,” is obliged to organize the work of an independent commission. Its tasks are:

• checking working conditions in production;
• identification of dangerous, harmful factors, compliance with specified standards;
• determining the level of their impact on workers;
• occupational safety assessment.

After completing the work, the commission draws up a report on the absence of harmful conditions or confirms their presence, which it submits to the labor inspectorate.

At enterprises whose employees are included in the preferential lists, employers are required to pay increased insurance premiums. This guarantees pension payments when a citizen retires. The following rates of additional insurance contributions are accepted:

• list No. 1 – 9%;
• list No. 2 – 6%.

The procedure for determining harmful work experience

In order to calculate the so-called harmful length of service, in the presence of which a citizen has the right to apply for a pension on preferential terms (before the general period), it is necessary to establish:

1. Periods of performing labor functions in positions and industries that potentially contain harmful and dangerous factors.
2. The branch of the economy or the sphere of production in which specific work was performed (Part 1, Article 30 of Law 400-FZ).
3. A list containing a specific list (Government Decree No. 665, the points of which correspond to the grounds for registering an early pension under Law 400-FZ).
4. The name of the profession or position in a specific list in accordance with the entry in the work book or other document confirming this length of service (in case of absence of an entry or loss of the book).

If a citizen really has the right to early retirement, then the name of his position will be present in one or another list, depending on the industry in which his labor activity was carried out. However, judicial practice shows that an incorrect indication of the name of a position (as well as an indication of a position that is not included in the list, but during the replacement of which the employee was affected by harmful factors) is not a basis for refusal to issue an early pension. For example, a similar position was stated by the Volgograd Regional Court in its appeal ruling dated December 22, 2016 in case No. 33-41/2017.

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Labor process

For this point, experts identify the following criteria:

• the severity factor of working conditions of class 2 is physical activity;
• tension in terms of overload of the nervous system and sensory organs.

In this case, all indicators are taken into account: those that increase or decrease the level. So, for example, the need to carry cargo, the distance to the destination, weight, number of transported items, and time costs are determined.

Work is considered stressful if workers need to constantly maintain concentration, perform monotonous actions, communicate a lot, or manage transport, which is most typical for a dispatcher, driver, or assembly line worker.

List of 2 harmful professions for early retirement

• the established duration of the work experience itself with harmful and difficult working conditions or other special work experience;
• reaching the age determined by the relevant norm of pension legislation (same article 30);
• the required period of insurance and equivalent length of service (in some cases);
• other conditions, depending on the specific area (for example, direct participation in tests is required for flight test personnel).

Chapter 6 of Law 400-FZ is also devoted to the required duration of special experience. Conditions for positions and productions from lists No. 1 and 2 discussed above are regulated by paragraphs. 1 and 2 hours 1 tbsp. 30 of this law, respectively.

Thus, for professions from list No. 1, when applying for an early pension, you must have:

• experience in underground and other hazardous work, as well as in hot shops with a total duration of 10 or 7.5 years for men and women, respectively;
• reaching the age of men - 50 years, women - 45;
• a total of at least 20 or 15 years of insurance experience for men and women, respectively.

For list No. 2, the age of early retirement is higher and is 55 or 50 years old, respectively. In the same way, a longer period of harmful work experience is required: 12.5 or 10 years. In this case, an important role is played by the presence of an insurance period of 25 or 20 years, respectively, in the absence of which an early pension cannot be assigned.

Conditions for preferential retirement on a hot grid

The length of service of men from the first list should be 10 (insurance years - from 20 years), for women - 7.6 years (and at least 15 years of insurance experience). Men can retire at 50, women at 45.

According to the second list, the requirements are different: 12.6 years of active service and 25 years of insurance experience are required for men to retire at 55 years of age. For women who want to retire at 50: 10 years of active and 20 years of insurance experience.

If a person has worked half of the required preferential length of service, he also has the opportunity to retire early. The age of retirement under the hot grid depends on the gender of the employee and the period of work in a hazardous position. You can retire with active service only if you have a general insurance period and points.

Confirmation of harmful experience

The main document confirming the length of service of any employee (including special one, which gives the right to receive a pension on preferential terms), in accordance with the rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, is the work book. Thus, if the corresponding entry is made in accordance with the above rules and instructions for filling out work books, approved by the resolution of the Ministry of Labor dated 10.10.

Consequently, even if the enterprise or organization where the employee worked has already ceased its activities, the right to a preferential pension is easily confirmed by an entry in the work book, which corresponds to the name of one of the professions indicated in the required list. If the job title indicated in the work book does not correspond to the classifier given in the list, and the workplace actually involved exposure to harmful factors, additional evidence must be provided.

In turn, such a certificate can be issued on the basis of compelling documentary evidence, which includes documents evidencing:

• about work in departments and mechanisms, which is a priori harmful (in accordance with the law);
• performing work underground;
• carrying out a labor function in a way that inevitably entails exposure to harmful and dangerous factors, etc.

So, the concept of “harmful work experience” is not fixed in law, but various legal acts contain lists of professions, positions, and industries with harmful and dangerous working conditions. At the same time, there are various lists of professions of this kind (including departmental ones), the most voluminous of which are lists No. 1 and 2, approved by Resolution No. 10 of the USSR Cabinet of Ministers.

Chapter 6 of Law 400-FZ establishes the conditions for assigning a preferential pension, including the required duration of harmful service. Confirmation of the presence of such experience is a work book. If the book is lost or the entry does not correspond to the work performed, harmful work experience can be confirmed by a certificate from the employer (or other documents).

In order to apply for early retirement under the new law from 2019 in connection with work in difficult and hazardous working conditions (the so-called preferential pension for hazardous work), several conditions must be met. We will explain what these conditions are in this article.

Pension reform from January 1, 2021

The Government of the Russian Federation has decided to change the pension system, which involves increasing the retirement age from 2021. The message caused heated discussion and concern, especially among people planning to retire in the near future. On August 29, 2018, the President of Russia addressed the citizens of the country with initiatives to adjust the pension reform project.

For civil servants, the annual increase in the retirement age by six months began in January 2021. The changes will affect other categories of citizens after the law is adopted by the State Duma in the fall of 2021. They plan taking into account the initiative of the President of the Russian Federation:

• accept the retirement age for men as 65 years, for women as 60;
• provide the right to preferential pension provision to mothers with many children who have 3 or 4 children.

The draft law provides for a gradual increase in the retirement age from 2021 to 2027. The changes will not affect persons who:

• have harmful occupations;
• exposed to radiation;
• previously worked in flight test services;
• receive disability pension payments ahead of schedule.

Will the changes affect workers in hazardous and hazardous industries? High noise levels, the presence of background radiation, a high probability of injury, and difficult working conditions provoke the occurrence of occupational diseases and loss of ability to work. The Decree of the Government of the Russian Federation stipulates a list of dangerous jobs, positions, professions that have the right to early well-deserved rest. For them, preferential retirement due to disability in 2021 will remain unchanged.

Who is entitled to a preferential pension?

Early termination of employment with payment of maintenance is available to citizens in two main categories - social and professional affiliation.

A preferential social pension is provided only to those who have fulfilled certain conditions. For example, this category may include mothers of many children with at least 15 years of work experience. If you give birth to three children and raise the youngest of them until the age of 8, retirement is possible from the age of 56. If the same conditions are met by a mother of three children, retirement begins at age 55.

List 1

It includes 24 professions that are directly related to high hazards and difficult conditions: mineral processing, mining, chemical production, metalworking, etc.

List 2

It includes 34 types of activities associated with difficult and harmful conditions. These include the production of building materials, food and light industries, and activities at power plants.

But that is not all. To qualify for a preferential pension, you must earn length of service, which is documented.