The legal term in question is translated from Latin as "payment". Officially pension - These are monthly payments in such a monetary equivalent as is established and assigned by the state for specific categories of persons. It is also provided for by law and preferential pension (early). Reducing the retirement age can contribute to seniority in particularly harmful, difficult conditions, in established institutions, for certain professions.
Every year there is an increase in the number of preferential pensioners, two thirds of whom continue to work.
Classification of factors negatively affecting human health
Special persons have the right to a preferential pension. Their professions are formed into special lists. They are associated with exposure to factors negative for human health.
They can be classified as follows:
1. Psychophysiological (neuropsychic, physical overload):
- mental overwork;
- overvoltage of analyzers;
- monotony of labor;
- emotional overload.
2. Biological (harmful micro and macro organisms):
- bacteria
- mushrooms;
- viruses
- plants;
- animals.
3. Physical:
- dust;
- vibration;
- radiation;
- noise;
- differences in air humidity and temperature;
- low light.
4. Chemical:
- dyes;
- oil products;
- caustic substances;
- synthetic fluids.
Preferential professions provide employee right to get a well-deserved early retirement pension, receive additional payments, discounted tours to special health facilities, go on long annual leave, work on a reduced schedule.
List 1: formation criterion
It consists of production, profession, work, position with harmful, especially difficult working conditions, employment in which provides the right to early retirement, in accordance with Russian law.
Occupations with particularly harmful working conditions are found in industries such as coal, chemical, mining, coke, electrical, porcelain and faience and glass, pulp and paper industry, mechanical engineering, metallurgy, ore preparation, gas (generator), dinas products, explosives for the processing of gas, oil, oil shale, coal, as well as radio equipment, electronic equipment, building materials, synthetic and artificial fibers, etc.
Preferential pension: list 2
This includes production, professions, work, positions with harmful, difficult working conditions, employment in which also gives the right to retire according to special preferential conditions prescribed in the relevant Resolution.
This list of preferential pensions consists of professions with less harmful working conditions in the following industries: refractories, hardware, non-ferrous metals, mercury conversion stations, chemical production, drilling, power plants, steam power, metal processing, peat extraction, light industry, food industry, medicine production , social security institutions, copying, printing, transport, communications, agrochemical services, etc.
In addition, ordinary citizens can retire ahead of schedule (only two years before retirement age). Preferential pension (list 2) is accrued in accordance with the procedure established by Russian legislation.
Health workers as subjects of the right to receive early retirement
These are employees of health facilities who are constantly (directly) engaged in working with hazardous substances with activity of more than 10 mcuradium of radium 226 (equivalent by the criterion of toxicity of a radioactive substance). These include personnel serving infected people with radioactive physical substances, employees of radiological departments, etc.
In this regard, we can conclude that preferential pensions for health care providers appear to be in view of their direct contact with radioactive physical substances of established activity, according to list 1. In the case of work with the above substances, but having already less activity (at least 0.1 mcurie of radium 226 or equivalent for radioactive toxicity of a substance) this category is also entitled to receive an early pension, in accordance with list 2.
Here, preferential pensions for health workers (middle, junior medical staff) are provided due to their direct contact with patients in infectious, psychiatric treatment and prevention facilities, tuberculosis institutions, offices, departments (including orphanages), etc. Doctors, average and junior medical staff are also included here. , which is occupied in offices, chemotherapy departments, hematological units, purulent, burn departments.
Conditions for receiving early retirement pension for teachers
According to our legislation, for this it is necessary to conduct pedagogical activities in child care facilities for 25 years (excluding maternity leave). But preferential pensions for teachers are provided if only their position, the institutions in which they work, are included in one of the above lists.
There are several nuances here:
- The periods of labor activity in the respective positions (institutions) until September 1, 2000 are counted in the total length of service without reference to the conditions for fulfilling the established work norm (educational, pedagogical load).
- From September 1, 2000, this activity will be taken into account only when fulfilling the working norm, which is the wage rate (salary), which is summed up for all places of work.
- Primary school teachers in the following educational institutions: schools, lyceum, education center, gymnasium, IEDs, cadet corps (including maritime), cadet school, high school, and also teachers of secondary schools located in rural areas (but not evening - shift, open secondary schools) can rely on the fact that their work experience will be taken into account regardless of the volume of the academic load.
- Exception recognized primary school teachers, whose place of work is a primary school or kindergarten. Preferential pension for teachers of the above institutions is provided only if they fulfill the established working norm - 18 hours. Moreover, only the period from September 1, 2000, is taken into account.
Who is entitled to a pension for preferential length of service has already become known. Now it is worth considering the question regarding the order of its accrual.
Pension on preferential terms
In accordance with our pension legislation, employees (regardless of their last place of work) who carry out labor activities in particularly harmful, difficult working conditions and are engaged in a full shift are entitled to it. According to list 1, the results of certification of relevant jobs, the appointment of preferential pension is based on the following conditions:
1. For men:
- when they reach the age of 50 years;
- work experience of at least 20 years;
- directly at these works for at least 10 years.
2. For women:
- upon reaching the age of 45 years;
- work experience of at least 15 years;
- directly at these works for at least 7.5 years.
For employees who have at least half of the established work experience in particularly harmful, difficult working conditions, preferential retirement is provided with a decrease in the retirement age prescribed by law: for a full year in especially difficult conditions for men, the retirement period is reduced by 12 months, for women for 16 months.
In a situation where employees are engaged in work with harmful, difficult working conditions, a full shift, the conditions for early retirement are as follows:
1. For men:
- upon reaching the age of 55 years;
- work experience of at least 25 years;
- directly at these works for at least 12.5 years.
2. For women:
- when they reach the age of 50 years;
- work experience of at least 20 years;
- directly at these works for at least 10 years.
Such employees are also provided with preferential retirement with a reduction in the retirement age: for a full 2.5 years under difficult conditions, men retirement periods are reduced by 12 months, for women - the same way, but after 2 years of work.
Conditions for early retirement for persons working before 01/01/92
In accordance with the Russian pension legislation, the following employees are accrued preferential pension:
- having full work experience in established jobs, in accordance with previous legislation;
- those who do not have full working experience with harmful, difficult working conditions, the retirement age is reduced in proportion to the length of service that was established earlier by the current law;
- a full shift in the conditions stipulated by the lists is 80% of the working time determined for employees of a particular production, position, profession, taking into account preparatory, ongoing, auxiliary repair work related to the performance of the respective duties.
Recent changes regarding the issue in the pedagogical sphere
In 2015, preferential pensions for teachers were established by the relevant regulatory legal acts. According to recent changes, this category of employees can retire ahead of schedule only after working for 25 years, regardless of age.
The relevant Decree issued last year defined a list of posts that are granted preferential pension. An important point - the full name of the position must be identical to that indicated in it.
So, they included:
- substitute managers;
- teaching staff, starting with the most senior specialist;
- teachers of all existing categories;
- Specialists organizing extracurricular activities;
- trainers;
- speech therapists;
- directors of all educational institutions;
- educational department managers;
- educational staff, starting with the most senior specialist;
- specialists engaged in production training;
- psychologists;
- defectologists;
- teachers of musical, social orientation, physical education and further education.
Also, preferential pension relies on labor in certain institutions, a full list of which is presented there.
These included:
- orphanages;
- sanatorium schools;
- boarding schools;
- special educational institutions of the correctional type;
- nurseries, gymnasiums, lyceums, kindergartens, gymnasiums, schools;
- technical schools;
- educational institutions;
- lyceums of vocational education;
- schools;
- military schools (naval), cadet corps;
- music, art schools;
- centers for diagnosis, rehabilitation, education, correction.
According to the latest changes, it is planned to accrue preferential pensions in 2015 based on the increased salary of teachers, due to an increase in special work experience. If this proposal of the Ministry of Labor is approved by the Government, this will lead to the fact that pensions for educational specialists will be granted on general terms only from 2030.
Recent changes regarding early retirement of health workers
A preferential pension for this category of employees is assigned subject to their 30-year work experience (in cities, urban settlements, and villages). If we take only the countryside, then they should work for 25 years, and provided that the required contributions to the FIU are deducted, their retirement age does not matter.
The general rule determines the correspondence of a year of work experience to a specific calendar equivalent. Unlike teachers, the workload of medical staff (hours worked) does not affect the enrollment of seniority. However, there are a number of exceptions, namely:
- for rural medical staff, a year of work is equivalent to 15 months of experience;
- For medical staff of scientific institutions, naval infirmaries, medical universities, emergency teams, the year of work is equivalent to 18 months of experience.
The relevant Decree defines the list of posts held by health workers from municipal, private, state institutions that may retire ahead of schedule. These include:
- all nurses, paramedics, midwives, heads of obstetrics and paramedic centers;
- Sanologists, entomologists, epidemiologists, parasitologists, their assistants, disinfectants.
- dentists, anesthetists, laboratory assistants, technicians, medical technologists;
- pathologists, forensic experts;
- resuscitators, doctors practicing surgery.
It also lists the types of institutions in which the working medical staff forms their experience for calculating a preferential pension, namely:
- institutions of social services, rehabilitation;
- all hospitals, hospitals, dispensaries, clinics, laboratories, hospitals, dispensaries;
- medical squads, infirmaries, companies;
- maternity hospital, nursing departments, obstetric centers, antenatal clinics;
- sanatoriums, dispensaries, medical resorts;
- anti-plague centers, medical units, disinfection stations;
- ambulance stations, blood transfusions, hospices.
In addition to working hours, the days of temporary disability, continuing education, annual, maternity leave (except for parental leave) are also included in the preferential length of service for the category of employees under consideration.
Special assessment of working conditions
It replaced the certification of jobs, starting this year, all companies without exception are obliged to carry it out. However, in some situations, a delay is permissible. This special assessment has its own methodology approved by the Russian Ministry of Labor. So far, it may not be carried out by enterprises that have valid results of the previous certification. This is permissible provided there are no new jobs or a new process technology.
Another reason for the special assessment is working employees who have the right to early retirement. According to its results, the admissibility and optimality of working conditions are determined. If everything is within the norm, there will be no need to pay additional insurance premiums.
A special assessment is required to be carried out once every 5 years (at least). The countdown of this period is made from the end of the previous certification. If, for example, it was held until 2014, then five years from the date of its completion is counted. In a situation where the company had never previously carried out this assessment, and in 2014 it was released, then this year it is mandatory.
Rostrud recommends that all companies that do not have valid certification results for jobs should not be delayed. Otherwise, starting in 2016, the maximum fine for the lack of special assessment (certification) will increase to 80 thousand rubles. in case of primary violation and 200 thousand rubles. - at repeated.
It is necessary to hurry up with checking on places with harmful, dangerous working conditions. As for the rest, for example, office places, the special assessment can be carried out in stages, but will have to be completed before 12/31/2018.
Algorithm for conducting special assessment of labor conditions
It includes 4 stages:
- Creation of a commission and approval of the schedule. First, a guiding order is issued, which approves the evaluation schedule, the composition of the commission. They include: a labor protection specialist (the director himself may be in his place), a representative of the trade union and other workers. A prerequisite is an odd number of members of the commission (3, 5, etc.). The head of the company is its chairman. The activities of each member of the commission and the terms should be spelled out. For example, the compilation of a list of jobs can be done by an employee who previously conducted certification. Before you start, you need to write down only the terms of preparation of the required materials required for the special assessment, the general dates of the entire event. The certification schedule for certain jobs will be known only after the conclusion of the relevant contract with the company conducting the assessment.
- Making a list of jobs. This commission forms a list of those jobs that need to be assessed, and a list of similar ones (where employees of the same profession are employed, positions, and also where offices of the same type are located: with the same heating, air conditioning, lighting, etc.). Their number should not exceed 20% of the total. For example, out of 10 places it is required to evaluate only 2 similar ones. The main difference between the previous certification and the special assessment is that office workplaces are also objects (for example, if the staff works only with computers and office equipment). Only workplaces of remote employees do not require evaluation.
- The conclusion of the contract and the transfer of documents. All jobs from the list are evaluated by experts of a special organization. Next, you need to collect, then pass them job descriptions, equipment certificates, technical documentation and so on. At the end of the procedure, the appraisal company generates an appropriate report, which is endorsed by experts and members of the commission. In a situation where there are people who disagree with the results, they have the right to draw up their exclusive opinion in writing, which is subsequently attached to the report.
- Filing a declaration of conformity. It is compiled regarding jobs that correspond to normal indicators of harmfulness and danger, and then submitted to the labor inspectorate no later than 30 days starting from the date of the report on the special assessment by the chairman of the commission. The declaration is valid for 5 years. While maintaining normal safety performance indicators, its validity period is automatically extended.
The company has the right to take into account all costs associated with conducting a special assessment, according to official data of the Ministry of Finance of the Russian Federation. They must be justified, documented.
As for the validity, it can be said with confidence that the company cannot avoid such expenses in any way, since the event in question is mandatory for holding. You can easily order this type of service from accredited companies that set their cost themselves, which is why the employer will not be able to influence the price. In this regard, if the company has an act of completed work, an appraiser's report, it has the right to write off the entire cost of this event.
In conclusion, it is worth recalling once again that in accordance with the Decree of the Government of the Russian Federation of July 18, 02, No. 537, preferential pensions in Russia are presented according to the “Soviet version” of List 1.
