How to retire before the due date? Article 27. Preservation of the right to early retirement of a labor pension

Monthly receipt of funds for their own content is made after reaching a certain age and filling the length of service. However, there are some exceptions; In particular, the right to early retirement. What categories of citizens have the opportunity to receive early payments? How to retire before the due date? All of these questions will be answered in detail in the article.

general characteristics

Unfortunately, not all citizens have sufficient legal culture. That is why many working people do not know some of the nuances of the current legislation regulating the right to early retirement. All benefits, rights, surcharges and many other important legal elements are fixed, first of all, in the Labor Code of the Russian Federation. But in addition to it, it is also worth highlighting a large number of government regulations and regulations (in particular, the Federal Law on the assessment of labor conditions). All the submitted normative acts regulate the following concept.

Early retirement pension (Article 27 of the Federal Law "On Labor Pensions of the Russian Federation") is a direct link to the professional activities of a particular person, carried out under specific production conditions or specified by certain social norms.

Thus, a person who carries out his labor activity in production with unusual working conditions is entitled not only to various kinds of benefits, but also to early payments. At the same time, the profession must be really "harmful": the full list of hard jobs was approved by the Council of Ministers of the USSR, but has not changed to this day. Who retires before the due date? This will be discussed later.

Early retirement pension: who has the right?

An early pension is called the option of receiving monthly payments, in which the onset of the permitted age will take place no more than 2 years later. Applicants for this pension are people who are in the Russian employment center as unemployed, and also have the appropriate length of service (20 years for females and 25 for males). Accordingly, an early pension in the Russian Federation is formalized only for those persons that meet the above criteria.

The presence in labor activity of harmful or hard working conditions invariably entails the possibility of earning an early pension. Physical and psychological pressures are considered as harmful working conditions, and more recently work in the Far North. Russian legislation fixes the possibility of obtaining the so-called reduced working length. It is thanks to him that it will be possible to receive early retirement benefits.

Separately it is worth noting that the working person has some serious illnesses. If the continuation of the work activity is impossible due to the state of health, the early retirement pension can be registered only if a special medical certificate is given to the employment center.

List of harmful occupations

If the employee carries out his labor activity at work with harmful characteristics of labor, the possibility of early retirement is significantly increased. Which professions fall into the category of "harmful"? Since Soviet times, the classification has been preserved, which makes it possible to accurately determine the severity of labor. So, there are four levels of professional activity:

• 1 degree. It implies minor changes in the body, which quickly pass when a person stops working.
• 2 degree. Characterized by the presence of persistent changes in the body, leading to the development of chronic ailments. In particular, this applies to people working on "harmful" production for more than 15 years.
• 3 degree. Working with such a level of harmfulness entails persistent destruction of human health; A full loss of ability to work remains possible.
• 4 degree. Indicates a complete functional disorder and the presence of other harmful processes for the body, resulting in a loss of ability to work.

The issuance of each such degree is possible only by paying attention to the following points:

• Increased dust content in the air, presence of dirt;
• Poor-quality lighting;
• Loud noises;
• Harmful radiation;
• Work with harmful microorganisms, viruses, bacteria, chemicals, etc .;
• Increased vibration;
• High level of humidity;
• Too low or too high air temperature;
• The duration of stress in the work activity and much more.

Of all the criteria presented, there is one more classification: list 1 is a profession with a critical degree of harm, and list 2 - certain types of heavy professions and positions. Both these lists can be easily found on the official website of the Ministry of Labor.

Categories of citizens

Federal Law No. 400 of the Russian Federation contains more than 20 points, which specify both the conditions for accessing early retirement benefits, and certain professions, working on which one can qualify for an early retirement pension. What exactly is worth highlighting here? Here are some specialties indicated in the law:

• Railwaymen;
• Search engines and prospectors;
• Miners;
• Public transport drivers;
• Workers of river and sea vessels;
• Workers in aviation;
• Workers of the rescue branch;
• Persons working underground (miners, subway workers, etc.);
• Workers in the sphere of execution of punishments (employees of prisons);
• Teachers;
• Public health professionals;
• Theatrical figures and some other workers.

Among other things, there are special categories of citizens:

• Mothers with many children (raising more than five children);
• Visually impaired;
• Persons injured as a result of hostilities;
• Dwarfs and midgets;
• Workers of the Far North.

On all above-mentioned persons, an early pension can be drawn up. From what age is it possible to retire? This will be discussed later.

Conditions for drawing up an early pension

How to apply for an early pension in the Russian Federation? To begin with, it is worth paying attention to the following conditions:

• Age of the employee. It should be at least 53 years for women and 58 years for men.
• Availability of unemployed status.
• Correspondence of work experience established in the category of terms.
• Personal will of the person applying for an early retirement pension (if the person has been reduced).
• If the applicant is a mother who brings up more than five children.

If the relevant conditions are met, it is worth paying attention to the content of the so-called lists 1 and 2, mentioned above. Thus, a woman belonging to the list of list 1 has the right to a pension at the age of 53, with a total working experience of 15 years. The duration of work in harmful production should not be less than seven years. In accordance with the list of 2 women can apply for a pension from 45 years. The length of service should not be less than 20 years.

And what do the lists say about male workers? According to the list of 1, the man who has reached the age of 50 can apply for a retirement pension of 20 years. List 2 sets the minimum age of the employee at 55 years and 25 years of service (12 on harmful terms).

Thus, an early old-age pension can not be formalized by all persons, but only by those that meet the above criteria.

Early retirement pension in the Russian Federation: registration procedure

What actions need to be taken to apply for early retirement benefits? To begin with it is necessary to address in local Center of employment with the corresponding application. There will be a document to be filled out. In the body, it is essential to qualitatively issue paper. Within a month the Employment Center will provide the citizen with the answer - with the consent to conduct further work or with a justified refusal.

What should be submitted to the Employment Center in addition to the application? As a rule, this should be the following documents:

• Passport and its photocopy;
• military ID;
• Birth certificate of the child (if the employee has children);
• The original and a copy of the work book.

The Employment Center may also request the following papers:

• Certificate of dependents;
• Address application (on the place of residence);
• Certificate of disability;
• Certificate of upbringing of a child under the age of eight;
• A document on the composition of the family;
• Certificate or certificate of guardianship.

The body can request and many other references - for example, individual documents from work. It is very important to correctly and correctly draw up all the papers, check the presence of seals and signatures.

Citizen's rights

The question of how to retire before the due date is regulated by many Russian federal laws. What are the rights of a citizen who has retired early?

A citizen is able to demand from his employer all the necessary documentation necessary for transfer to the employment center or the Pension Fund of the Russian Federation. Moreover, the employer of the enterprise must confirm the preferential length of the working person. If the employer for some reason does not do this, then a similar task is assigned to the relevant government agency.

As soon as an employee receives an insurance pension certificate, all information about his "transfers" will be taken into account by the Russian Pension Fund.

It is also worth mentioning the classical formula for calculating an early pension:

SP = PC * C * K + FV * K

Here:

• FV - basic payment;
• C - the cost of one factor during the registration of a pension;
• PC - this is the total amount of earned coefficients of the pension type;
• K - increasing indices to the PV.

Preservation of the right to early appointment of a labor pension is available to all persons who have correctly drawn up the necessary papers in the Employment Center and the Pension Fund.

Reduction or liquidation of an enterprise

Far from rare are situations where a staff member of pre-retirement age suddenly loses his job. The reason for dismissal may be massive cuts in the organization, the elimination of jobs and much more. Naturally, practically no organization expresses the desire to employ a person who has very little time until retirement. The situation, I must say, is very uncomfortable, and often completely hopeless. Still, a citizen wants to "finish off" his work experience, and opportunities for this are absent. What to do in such situations? Here it is just worth asking yourself the question of how to retire before the due date. The first thing to do is to compare your indicators with those necessary for premature payments, compare past working conditions with the necessary "harmfulness." How many years do they retire early? As already mentioned, men should not be less than 58 years old, and women - less than 53 years. The following conditions must be met:

• Dismissal from work was based only on the reduction of staff or the elimination of the workplace (their own desire and medical indicators are not taken into account);
• Availability of a certain length of service (25 years for men and 20 years for women);
• The citizen is in the employment service;
• There are no suitable vacancies on the labor exchange.

If the citizens have a fault that caused the termination of social payments, then do not expect an early pension.

Can they refuse?

Quite often, the Employment Center or the Pension Fund of Russia deny citizens the registration of an early pension. As a result, applicants have to apply to the courts, and the cases are already settled there. Naturally, such examples illustrate the unsatisfactory level of state protection of the rights of citizens to receive pensions. And yet it is worthwhile to give the main reasons for refusing an early retirement pension. Here it is necessary to distinguish:

• Lack of the citizen's due rights to early retirement (the citizen does not have the due experience or forgot to learn about how many years they retire);
• Complete liquidation of the organization in which the employee worked;
• Absence of a full package of documents (or a part thereof) confirming the right to pension payments of an early type;
• In the Employment Center, alternative work was proposed with corresponding wages;
• Filing of documents in the PF or CZ was carried out when the unemployment allowance was stopped;
• From the former place of work unemployment benefits come;
• Employees of the CP or PF acted illegally.

What should I do if I have been refused in the above instances? How to retire before the deadline, no matter what? The only way out here is to apply to higher authorities. In the same Pension Fund, a complaint is made; It is necessary to attach all necessary documents to it. The complaint will be considered within a month. If there is a refusal, there will be only one way out: go to the courts of general jurisdiction. It will be necessary to draw up an administrative statement of claim about contesting the refusal.

Peculiarities of pension registration

As for working and unemployed citizens, there are some specifics of pension design. A working citizen should remember the following:

• The employer is obliged to pay severance pay for a two-month period;
• Payments from the previous work will cease if the citizen becomes registered as unemployed.

Unemployed citizens should remember that full work experience gives an opportunity to receive subsidies. At the same time, every year, worked on top of the total length of service, gives the right to extend the state support for two weeks. If a citizen becomes an individual entrepreneur or a legal entity, the receipt of early retirement pensions is terminated before the closure of this status.