On pension provision of pedagogical workers. Features of the pension provision of employees of educational institutions Analysis of the appointment of pensions to pedagogical workers

In accordance with the Law on Insurance Pensions, which came into force on January 1, 2015, Persons, at least 25 years who carried out pedagogical activities in institutions for children are entitled to establish early old-age pensions regardless of age. At the same time, an additional requirement was established for the presence of an individual pension coefficient (IPC) of at least 30. This indicator is introduced gradually: in 2015 - not lower than 6.6, followed by an annual increase of 2.4 to reaching the value of the coefficient 30 by 2025 .

The size of the IPC for the periods after January 1, 2015 is determined for each year and depends on insurance premiums to the Pension Fund to the Insurance Pension, which, in turn, are higher than the higher salaries. Since annual IPCs are then summed up, the length of the experience is of great importance. Considering that pedagogical workers need a rather long experience - 25 years, then, even working with a low wage, it is quite realistic for such a term to earn the value of IPA 30.

Pensions, pedarsmen are appointed taking into account the list of posts and institutions, the work in which is counted in the work experience, giving the right to the early appointment of the old-age pension and rules for the calculation of these periods of work, approved by the 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 early pension, it is necessary that not only an institution, but also correspond to the list.

The right to early retirement gives work in secondary schools of all the names, boarding schools, pre-school educational institutions (kindergartens, nursery), professional schools, technical schools, colleges, children's homes.

Work in the listed institutions will be counted in the experience, giving the right to early pension, if he passed in positions: Teacher, teacher, musical leader, speech therapist, teacher, master of production training, military leader, director, deputy director, etc.

New is that, in order to determine the right to insurance pension, periods of work may be included in the insurance experience and experience in the relevant types of work consistently taking into account the pension legislation that operated when prescribing a pension during the execution of this work (activity).

For example, now, taking into account the situation approved by the Resolution of the Council of Ministers of the USSR of December 17, 1959, the service of the army may be counted in the experience of pedagogical activities until 10/01/1993. For this, the following conditions must be observed: pedagogical activities should begin to the specified date, and the pedagogical experience should be at the date of the appointment of a pension at least 16 years and 8 months, and together with the service in the army at least 25 years.

Also under similar conditions, the period of study until October 1, 1993 can be counted in the pedagogical experience. The position of December 17, 1959 was envisaged that the teaching time in pedagogical educational institutions and universities is counted into the pedagogical experience, if he directly preceded and directly followed by pedagogical activities. The training period can only be counted completely (from crediting to the educational institution before the end), and not a separate part of it.

Angelica Himbikyanova (Krasnodar, Russia)

Pension provision is one of the most important state social guarantees, as it directly affects the interests of disabled citizens, as a rule that make up more than 25-30% of the population of any country, and indirectly - all able-bodied population. It should be noted that in the 1920s, pensions were introduced for long service to enlighten employees. Today, teachers enjoy the right to the early appointment of an old-age labor pension. An early pension recognizes a pension that is established in connection with certain circumstances of previously the achievement of the relevant retirement age to those citizens who have full work experience, including special. Such the right enjoy teachers who worked in children's institutions for at least 25 years and only in state and municipal children's institutions. Unfortunately, it is not easy to realize the right to receive a "pedagogical" pension. Such a large number of regulatory acts used at different times, complex rules for calculating the pedagogical experience, and employers' errors allowed by employees in personal documents, and often the incorrect actions of the Pension Fund workers. Thus, it is necessary to determine which components will be required to ensure that the teacher can take advantage of its right to retirement.

Considering the cases, about challenging the refusing of the Pension Fund of the Russian Federation (hereinafter referred to as the Pension Fund of the Russian Federation) should be allocated a list of circumstances that are established at the court session: what to include in a special work experience, including labor pension for old age earlier than the achievement of the common retirement age can be appointed ; courts decide the question of the form (type) of institutions; identity performed by the claimant labor function; The conditions and nature of the activity on the basis of the specific circumstances of each case. There are also other circumstances established at the court session: the nature and specificity, the working conditions performed by the plaintiff functional responsibilities, the load, goals and objectives, as well as the activities of the institutions in which he worked and languidly.

These circumstances were taken into account by the Constitutional Court of the Russian Federation (hereinafter referred to as the COP of the Russian Federation), which by its decree dated 03.06.2004 No. 11 declare not relevant to the Constitution of the Russian Federation (hereinafter referred to as the Constitution of the Russian Federation) of the provisions of paragraph 10, 11 and 12 of paragraph 1 of Art . 28 and paragraph 1 and 2 tbsp. 31 of the Federal Law of December 17, 2001 No. 173 "On labor pensions in the Russian Federation" -FZ (hereinafter referred to as the Federal Law "On Labor Pension") to the extent that the provisions in the system of current legal regulation of pension provision do not allow to count in the experience , giving the right to the early appointment of an old-age work pension to persons engaged in pedagogical activities in institutions for children, the periods of their implementation of this activity in non-state or municipal institutions, which were included in the relevant experience of previously existing legislation. However, in the meaning of Part 2 of Art. 8, part 1 and 2 tbsp. 19, part 1 Art. 35, Part 1 and 3 Art. 37, Part 1 and 2 Art. 39 and part 2 Art. 55 Constitution of the Russian Federation Form of ownership How cannot serve as sufficient basis for the differentiation of the appointment of labor pensions for old-age persons working in institutions for children, in the same professions in their functional duties.

Federal Law of December 30, 2008 No. 319-FZ "On Amendments to the Federal Law" On Labor Pensions in the Russian Federation "" in the Federal Law "On Labor Pensions", changes were made to the part of the early pension provision of teachers. Currently in paragraph 19 of Art. 27 (as amended from 02.07.2013) FZ "On labor pensions" dated December 17, 2001 No. 17

The reference to the form of ownership of institutions for children in the early appointment of labor pensions in old age to pedagogical workers is excluded. But, in addition to the ownership of the institution, which also employs other important factors that serve as the basis for the care of academic retirement teachers.

In schools and other institutions for children, there are also difficulties with the definition of compliance with official duties by the name of the position in which the starting output to old-age retirement is possible. So in the pedagogical experience, the work is counted if the name of the institution, where the teacher worked, coincides with the name of the institution in the list of mentioned. However, the names of institutions often changed arbitrarily, so this can lead to problems when appointing a labor pension. The causes of the problems that have arisen lies both in significant changes in legislation from 1990 to 2002 and in the actions of the administration of pedagogical institutions.

When appointing an employment pension, the teacher, which began his work in Soviet times, to determine his right to early labor pension, at least three regulatory documents are used, which determine the list of posts and institutions, work in which the work experience gives the right to the early appointment of labor pension , as well as rules for calculating the periods of such work. Until November 1, 1999, the Resolution of the RSFSR Council of Ministers of September 6, 1991 was valid No. 463, from November 1, 1999 to November 12, 2002 - 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 magazine "School psychologist" of the publishing house "The Oven".

Meeting of the 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 20.12.2005 No. 23 "On some issues that arose from courts when considering cases related to the realization of citizens' right to labor pensions". Russian newspaper. December 29, 2005. "№3963

Cassation definition No. 33-478. Gorno-Altaisk. 08/26/2010. [Electronic resource]. Access mode: http://www.consultant.ru/

Resolution of the Gosstandart of the Russian Federation of 26.12.94 No. 367 on the adoption of the Russian classifier of workers' professions, posts and tariff discharges OK 016-94. [Electronic resource]. Access mode: http://www.consultant.ru/

Scientific adviser:

candidate of legal sciences, senior teacher

Vasilyeva Evgeny Grigorievna.

Currently, the main law regulating the provision of state guarantees of human rights and freedoms in the field of education - Law No. 273-FZ. His art. 47 Established rights and freedom of pedagogical workers and guarantees the realization of these rights and freedoms. In accordance with PP. 5 p. 5 of this article are entitled to receive early pedagogical pensions in old age in accordance with the legislation of the Russian Federation. The article will consider in detail the procedure for the appointment of early pedagogical pension.

From 01/01/2015 federal law of December 28, 2013 No. 400-FZ "On Insurance Pensions" (hereinafter referred to as Law No. 400-FZ), which replaced the previously operating law No. 173-FZ. Article 8 of Law No. 400-FZ established conditions for the appointment of an old-age insurance pension: the right to her have men who have reached the age of 60 years, and women who have reached the age of 55. The condition for the appointment of such a pension is the presence of at least 15 years of insurance experience and the magnitude of the individual pension coefficient of at least 30 (paragraph 2 and 3 of Article 8 of Law No. 400-FZ).

However, in Art. 30 of the Law No. 400-FZ named categories of workers who are entitled to the early appointment of the insurance pension. In particular, it concerns pedagogical workers. So, according to PP. 19 h. 1 tbsp. 30 of Law No. 400-ФЗ Insurance pension in old age is appointed earlier than reaching the age established by Art. 8 of this law, in the presence of an individual pension coefficient of at least 30 persons, at least 25 years who carried out pedagogical activities in institutions for children, regardless of their age.

It should be noted that when appointed early pedagogical pensions, employees should not only work out the necessary experience, but also to work in certain positions (in institutions). This follows from Part 2 of Art. 30 of Law No. 400-FZ.

It also said that lists of works, industries, professions, posts, specialties and institutions (organizations), including the Insurance Pension Pension in accordance with Part 1 of Art. 30, as well as rules for calculating periods of work (activities) and the appointment of this pension, if necessary, are approved by the Government of the Russian Federation.

Currently according to PP. "M", paragraph 1 of Resolutions No. 665 in the early appointment of the Insurance Pension Pensions to Persons who carried out pedagogical activities in institutions for children in accordance with Art. 30 of Law No. 400-FZ, apply:

The list of posts and institutions, the work in which is counted in the work experience giving the right to the early appointment of an old-age pension to persons who carried out pedagogical activities in institutions for children, in accordance with sub-clause 19 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation ", Approved by the Decree of the Government of the Russian Federation of October 29, 2002 No. 781 (hereinafter referred to as the list);

• to take into account the relevant activities for the period from 01.11.1999 to 31.12.2001 (inclusive) - a list of posts, work in the service in service, which is retired for long-term years in connection with pedagogical activities in schools and other institutions for children approved by the Resolution Government of the Russian Federation of September 22, 1999 No. 1067;
• for accounting for relevant activities for the period from 01/01/1992 to 10/31/1999 (inclusive) - a list of professions and posts of public education workers, whose pedagogical activity in schools and other institutions for children is given to a retirement for long-term years according to the rules of Article 80 of the Law of the RSFSR " About government pensions in the RSFSR, approved by the decision of the Council of Ministers of the RSFSR from 06.09.1991 No. 463;
• for accounting periods of pedagogical activities, which took place before 01.01.1992, - a list of institutions, organizations and positions, whose work is given to a retirement for long-term years (annex to the decision of the Council of Ministers of the USSR of December 17, 1959 No. 1397 "On Penns For Saving Employees of Enlightenment, Health and Agriculture ").

In addition, Art. 30 Law No. 400-FZ provides that periods of work (activities), which took place before the day of entry into force of this Law:

• passed in the experience in the relevant types of work, which gives the right to the early appointment of an old-age insurance pension, subject to the recognition of these periods under the legislation that operated during the execution of this work (activity), giving the right to the early appointment of a pension (part 3);
• they may be calculated using the terms of the calculation provided for by the legislation in force when prescribing a pension during the execution of this work (activity) (part 4).

And it is also determined that in the event of a change in the legal form and (or) the names of institutions (organizations), provided for by paragraph 19 - 21 h. 1 of this article, while maintaining the previous nature of professional activities, the identity of professional activities performed after a change in the organizational The right-shaped and (or) names of the relevant institution (organization), professional activities that have been implemented to such a change is established in the manner determined by the Government of the Russian Federation (part 5).

Pension teachers.

if the name of the post has changed?

Since the names of certain posts have recently changed, so that employees who worked or work in posts not named in the list could also take advantage of the right to an early labor pension, regulatory documents were developed that provide for the identical name of the position:

a) Order of the Ministry of Health and Social Development of the Russian Federation of 05.07.2005 No. 440 established that the names of the post-teacher of the school group, the "teacher of the school department", the "teacher of the preschool group", "educator of the preschool department", "tutor of the speech therapy group", "Tutor of the speech group "," Educator of a special (correctional) group "," Educator of the Correction Group ",

"Educator of the Correction Group", "Tagged boarding school", "Educator of the Expected Day Group", "Public Tutor (at School)", "Tutor of the Yaskin Group", "Suppressor of the Sadov Group", "Tutor of the Sanatorium Group", "Predictor of the boarding school ", The" educator of the preparatory group "is identical to the name of the post" Educator "provided for in the list;

b) Decree of the Ministry of Labor of the Russian Federation dated 23.06.2003 No. 39 - that the name of the post "Music worker" is identical to the name "Music Manager" position provided for in the list.

So, pedagogical workers, whose positions have changed, but identified posts from the list, have the right to receive early pedagogical pension. This is confirmed by judicial practice. For example, in the appellate definition of the Astrakhan Regional Court of 15.05.2013 No. 33-1416 / 2013: the position of "Educator" is recognized as an identical position "Educator of the Group of Extended Day", therefore, the plaintiff has the right to early pension. A similar situation was considered in the appellate definitions of the Novosibirsk Regional Court of 26.02.2015 No. 33-1639 / 2015, the Kemerovo Regional Court of 24.03.2015 No. 33-2892.

Pension teachers.

Do pedagogical workers have the right to early pension,

if the name of the institution has changed over time?

To understand this, you need to use the identity names, which are approved by the following regulatory documents:

a) Decree of the Ministry of Labor of the Russian Federation of July 25, 2003 No. 57. It was established that the name "Children's School of Arts, including the type of (species) of the arts", provided for by the list, identically, the name "Experimental Children's School of Art";

b) orders of the Ministry of Health and Social Development:

• from 04/15/2005 No. 278 - the name of the "lyceum", as provided for by the list, identically, the name of the "School-Lyceum", "Gymnasium" \u003d "School-Gymnasium";
• from 09/11/2007 No. 585 - the name "Children's home Internet for mentally retarded children" \u003d "Children's psychoneurological home boarding house";
• from 09/15/2009 No. 747N - "Special (Correctional) boarding school for children with deviations in development" \u003d "Special (Correctional) boarding school for orphans and children left without parental care with disabilities"; "Special (correctional) children's home for children with deviations in development" \u003d "Special (correctional) children's home for orphans and children left without parental care with disabilities of health";
• 07/20/2010 No. 527n - "Primary School (School) - kindergarten" \u003d "Complex" Kindergarten - elementary school (school). "

From the above regulatory documents it follows that pedagogical workers when changing the name of the institution have the right to receive early pedagogical pension, if these items are identical to the names provided for by the list. This is confirmed by judicial practice: see the appellate definition of the Novosibirsk Regional Court of 10.06.2014 No. 33-4736 / 2014.

Early pedagogical pension:

the procedure for calculating the experience for destination.

Currently, to determine the experience for the appointment of such a pension, pedagogical workers apply rules for the calculation of periods of work, which gives the right to the early appointment of an old-age work pension to persons who carried out pedagogical activities in institutions for children, in accordance with sub-clause 19 of paragraph 1 of Article 27 of the Federal Law "On Labor pensions in the Russian Federation ", approved by the Decree of the Government of the Russian Federation of October 29, 2002 No. 781 (hereinafter referred to as Regulation No. 781) (paragraph 3 of Resolution No. 665).

According to paragraph 3 of Rules No. 781, the experience is counted in the manner prescribed by these rules, periods of work in posts and in the institutions listed on the list, including:

• periods of work that performed until 09/01/2000, in the posts and in the institutions listed in the list, are counted in the experience independently

from the implementation of the performance of working time (pedagogical or training load) within these periods), except in cases determined by Rules No. 781;
• periods of work performed from 09/01/2000 are counted under the condition of execution (total on the main and other work points) of the working time (pedagogical or training load) established for the salary rate (official salary), with the exception of cases defined by the rules No. 781 .

Tell O. Nuances of inclusion in the experience of some periods:

1) periods of work in educational institutions for children in need of psychological and pedagogical and medical and social assistance (paragraph 1.11 of the section "Name of institutions" list), in social service institutions (clause 1.13 of the section "Name of institutions" list), and also The work as a music manager is counted in the experience, subject to the fulfillment (total main and other workshops) of the working time (pedagogical or training load) established for the salary rate (official salary), regardless of time when this work was performed;

2) Period of work as a teacher of primary classes of general educational institutions (clause 1.1 of the section "Name of institutions" of the list), teachers located in the countryside of general education schools of all the names (with the exception of evening schools (replaceable) and open (replaceable) secondary schools) is included in the experience work regardless of the volume of the workload performed;

3) the period of work in health facilities (clause 1.14 of the section "Name of institutions" of the list) is counted in the work experience only on the positions of the educator and the senior educator;

4) The period of work as director (head of the head) of the institutions listed in paragraph 1.1, 1.2 and 1.3 (except for children's homes, including sanatorium, special (correctional) for children with developmental deviations) and paragraph 1.4 - 1.7 , 1.9 and 1.10 of the section "Name of institutions" of the list, for the period until 09/01/2000, is counted independently of the conduct of teaching work. This work, but in the period starting from 09/01/2000, subject to teaching work in the same or another institution for children in a volume of at least 6 hours a week (240 hours per year), and in institutions of secondary vocational education specified in Section 1.10 section "Name of institutions" of the list, subject to teaching work in a volume of at least 360 hours per year;

5) Period of work in the positions of the director (head of the head) of orphanages, including sanatorium, special (correctional) for children with development deviations, as well as Deputy Director (Head, Head) for educational, educational, educational, production, industrial , educational and other work directly related to the educational (educational) process, which was performed with a normal or shortened duration of working time provided for by labor legislation, the institutions listed in paragraph 1.1 - 1.7, 1.9 and 1.10 of the section "Name of institutions" list , counts out regardless of time when this work was performed, as well as teacher work;

6) the period of work as director (head of the head), Deputy Director (Head, Head) of the institutions listed in paragraph 1.8, 1.12 and 2 of the "Name of institutions" of the list, is counted for the period up to 01.11.1999;

7) periods of work in the teacher's posts, teacher's teacher, the nurse of the yasery group are counted in the experience for the period up to 01.01.1992;

8) periods of work in the posts of the director of the regime, the senior duty officer according to the regime, on duty by regime, the organizer of extracurricular and out-of-school educational work with children, the educator, a methodologist, an instructor of a hearing office, parent-career, and also in the posts listed, In orphanages, family type are counted in the experience for the period up to 01.11.1999;

9) periods of work in the positions of the social teacher, the teacher-psychologist and the work instructor are counted in the experience in educational institutions for orphans and children who remained without parental care specified in paragraph 1.3 of the "Name of institutions" section of the list, in special (correctional ) educational institutions for students (pupils) with development deviations (paragraph 1.5 of the section "Name of institutions" list), in special educational institutions of open and closed type (clause 1.6 of the section "Name of institutions" list), in educational institutions for Children in need of psychological and pedagogical and medical and social assistance (paragraph 1.11 section "Name of institutions" of the list), and in social service institutions (clause 1.13 of the section "Name of institutions" of the list);

10) Periods of work in the positions specified in paragraph 2 of the section "Name of posts" of the list, in the institutions listed in paragraph 2 of the section "Name of institutions" of the list, starting from 01/01/2001, counted in the work experience in the presence of the following conditions:

• as of January 1, 2001, the person has experience in employments in the institutions listed in the list, a duration of at least 16 years 8 months;
• the person has a fact of work (regardless of its duration) in the period from 01.11.1999 to 31.12.2000 in posts and in the institutions specified in paragraph 2 of the section "Name of posts" and paragraph 2 of the section "Name of institutions" of the list;

11) Periods of work in the list of positions in the following structural units of organizations (regardless of whether these organizations are provided in the list or not): general education schools of all names (with the exception of open (replaceable) secondary school), gymnasium, an interschool educational and production plant of labor learning and professional orientation of students (cross-school educational plant), boarding school, kindergarten, nursery-garden (garden-nursery), children's nursery, college, college, school, lyceum;

12) The period from 01.11.1999 in the positions listed on the list, in the evening (replaceable) general education schools, open (replaceable) secondary schools, in the centers of education, in the evening (replaceable) vocational schools and in educational institutions of secondary vocational education (secondary specials educational institutions) is counted in the experience, subject to training in these institutions at least 50% of children under the age of 18;

13) The work carried out in the provisions provided for by the posts in the Russian institutions abroad is counted in the experience on the general basis in the manner provided for by the rules No. 781.

Other periods credited to the experience to appoint early pensions. In paragraph 2 of Rules No. 781, it was said that when the work experience in the part was not settled by the rules, it is necessary to apply rules for the calculation of periods of work that gives the right to the early appointment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions" In the Russian Federation ", approved by the Decree of the Government of the Russian Federation of July 11, 2002 No. 516. This resolution has established that periods are also included in the experience of early pensions:

• receiving public social insurance benefits during temporary disability, as well as annual main and additional paid leave (clause 5);

• the translation of the employee from work that gives the right to the early appointment of an old-age labor pension, to another work that does not give the right to the specified pension in the same organization for the production need for a period of no more than one month during the calendar year. Such work is equal to the work preceding the translation (p. 9);
• tests when admission to work, giving the right to the early appointment of an old-age labor pension. This time is included in the experience, regardless of whether the test of the worker (paragraph 10) resist;
• primary vocational training or retraining (without separation from work) in workplaces in accordance with the student agreement (p. 11);
• translation in accordance with the medical conclusion of a pregnant woman in her application from work that gives the right to the early appointment of an old-age labor pension, to work that eliminates the impact of adverse production harmful factors. This work is equal to the work preceding the translation. Also, periods are also counted in the experience when a pregnant woman did not work until resolving the issue of her employment in accordance with the medical conclusion (paragraph 12);
• paid forced absenteeism during illegal dismissal or transfer to another job and the subsequent restoration in the former work, which gives the right to the early appointment of an old-age labor pension (p. 14).

Despite the Resolution No. 516, in practice there are disputes with the staff of the FIU on the inclusion of these periods in the experience in early old-age pension. For example, in the appellate definition of the Ulyanovsk Regional Court of 21.04.2015 No. 33-1645 / 2015, the Court noted that the periods of finding training courses and educational leave are subject to inclusion in the special experience of the plaintiff, since there were periods of employment with the maintenance of average wages. In the appellate definition of the Novosibirsk Regional Court of 26.02.2015 No. 33-1639 / 2015, the arbitrators were included in the special experience of the call service.

Periods that are not subject to inclusion in the experience for early pensionlisted in paragraph 9 of Resolution No. 516. These are periods when the employee was removed from work for reasons from among the following:

• appeared at work in a state of alcoholic, narcotic or toxic intoxication;
• based on a medical conclusion in connection with the detected contraindications to fulfill the work provided for by the employment contract (except for the case named in paragraph 12 of 12 decisions No. 516);
• at the request of organs and officials authorized by federal laws and other regulatory legal acts;
• in the prescribed manner, learning and testing of knowledge and skills in the field of labor protection;
• mandatory preliminary or periodic medical examination has not passed in the prescribed manner;
• there was a simple (both the fault of the employer and the fault of the employee);
• in other cases provided for by federal laws and other regulatory legal acts.

In conclusion, we note again that the right to early retirement have pedagogical workers who have the magnitude of an individual pension coefficient amounts to at least 30 and which at least 25 years have carried out pedagogical activities in institutions for children, regardless of their age. At the same time, when prescribing early pension, this category of workers should not only develop the necessary experience, but also to work in certain positions (in certain institutions).

Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation".

Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation".

Decree of the Government of the Russian Federation dated July 16, 2014 No. 665 "On lists of works, industries, professions, posts, specialties and institutions (organizations), with which the insurance pension of old age, and the rules for the calculation of periods of work (activities), giving the right to early Pension provision. "

E. A. Sobolev
Expert journal
"Department of the personnel of the state (municipal) institution"

Within the framework of the program to increase the pension literacy of the NPF population, PromagroFond published on November 9, 2010 in the "Teacher's Teacher's Personal Lesson" article on the pension provision of teachers.

Considering that 2010 - the year of the teacher in Russia and that our school teachers are already about 1.5 million in our country, of which pension teachers are about 20%, and that pension legislation concerning the appointment of labor pension to pedagogical workers, quite confusing, I decided Lead a pensioner in the virtual school - the future and this article. It seems to me it will be quite a way to school teachers for timely preparation for life in retirement.

Knowledge is power

Knowledge that does not bring practical fruits, Philosopher Francis Bacon considered unnecessary luxury.

This thought he expressed in his famous aphorism "Knowledge - Strength!", Which is equally relevant for both young departures, granite science and their teachers who seek to delve into the essence and nuances of documents that determine the eligibility of their claims to the early appointment of labor pension in old age.

Since the appointment of such a pension is sometimes associated with serious problems, the reasons for which they lies both in significant changes in legislation from 1990 to 2002 and in the actions of the administrations of pedagogical institutions.

When appointing a labor pension, the teacher, which began its career in Soviet times, to determine his right to early labor pension use at least three regulatory documents defining the list of posts and institutions, work in which the work experience giving the right to the early appointment of labor Pensions, as well as rules for calculating the periods of such work.

Until November 1, 1999 this resolution of the Council of Ministers of the RSFSR No. 463, in the period from November 1, 1999 to November 12, 2002 - decree of the Government of the Russian Federation №1067From November 12, 2002 - decree of the Government of the Russian Federation №781.

In controversial situations, rules for calculating the preferential periods of work are applied, for the accrual of labor pension, approved by the Decree of the Government of the Russian Federation of July 11, 2002 No. 516.

For teachers who worked in the so-called departmental educational institutions, especially common in Soviet times, determining to appoint a preferential labor pension was the decision of the constitutional court of the Russian Federation of 03.06.2004 №11-P.

The Constitutional Court recognized the provisions of the Law No. 173-FZ of the Russian Federation, according to which periods of the implementation of pedagogical activities in non-state and municipal institutions were not included in the appropriate experience to accrual labor pension. The law No. 173-FZ made appropriate changes, and at present, in the pedagogical experience, which is necessary for early appointment of an old-age labor pension, all periods of work in children's institutions, both state and non-state, are counted.

It is also worth noting that when the work retirement is appointed not only the fact of work in certain positions and in the organizations specified in the list, and starting from September 1, 2000, the fact that pedagogical activity was carried out at the fulfillment (total in the main and other workshops) of the working time (pedagogical or training load) set for the salary rate (official salary).

It should be noted that the work of primary school teachers, teachers located in the countryside of general education schools of all names (with the exception of evening (replaceable) and open (replaceable) general education schools) are included in the experience, regardless of the volume of the workload.

Statfactory.

Statistics know everything. Today, 53,568 schools in which 1 million 360 thousand teachers are operating in Russia. Approximately the fifth one of them (17.8%) - People of retirement age.

Pension reform, which touched upon all Russian citizens, did not bypass the teachers.

In the early 2000s, the principles of calculating labor pensions of Russian citizens, and teachers in particular changed. The current pension, unlike the one that was appointed to Soviet times, is not state and paid not from the state budget, but from the funds of pension capital, which is formed over the entire period of work.

As for benefits to teachers who have 25 years of experience, it is saved. Now this is the right to a long-term labor pension. The grounds for the provision of early labor pensions and the moment of acquiring the right to receive them are determined by law of December 17, 2002 No. 173-F3 "On labor pensions in the Russian Federation". In accordance with subparagraph 19 of paragraph 1 of Article 27 of this Law labor pension is appointed to persons, at least 25 years who carried out pedagogical activities in institutions for children, regardless of their age.

In the pedagogical experience, which gives the right to the early appointment of an old-age labor pension, the work is counted if the name of the post and institution, where the teacher worked, coincides with the name and institution in the list of mentioned.

And since the names of institutions often changed arbitrarily, it can lead to problems when appointing a labor pension.

So, those who were distributed in the 1980s "Children's Combines", and in the 90s - MDOU (municipal pre-school educational institutions), did not find their place in the list approved by Resolution No. 781.

There is only the "kindergarten" and "elementary school - kindergarten". The Pension Fund of the Russian Federation, being a law enforcement body, cannot extended to interpret the regulatory documents of the Government of the Russian Federation.

Therefore, the period of work in the "Children's Combines" and MDOU is not counted into the pedagogical experience and does not give the right to a long-term labor pension. You will have to defend your rights to early labor pension in court.

As a rule, the Court takes into account the constituent documents of educational institutions and job descriptions of employees and most often establishes the fact that the work actually proceeded in the establishment of another name provided for by the list and makes a decision on the standings of this period in the pedagogical experience.

But on a favorable outcome will have to spend a lot of time, means and strength.

No smaller headache - arbitrary name of posts. True, in some cases there is an opportunity to establish the identity of the posts stipulated by the list, with similar positions that had other, previously used names, in the formal procedure provided for by the regulatory acts of the Commissioner of the Federal Body. Currently, this is the Ministry of Health and Social Development of the Russian Federation.

It is worth paying attention to the fact that the pedagogical experience on the general reasons is the work in educational institutions, which are structural divisions of organizations not contained in the list, as a rule, with large industrial enterprises.

For example, the work by the teacher at school No. 18 of the October Railway is counted into the pedagogical experience, despite the fact that the railway itself is not in the list. But if the teacher worked in the educational institution not contained in the list, then this period is not counted into the pedagogical experience. For example, the work will not be counted in the pedagogical experience as an educator in the HSEK, even if in this hide actually there is a division that performs the functions of a kindergarten, but it is structurally not allocated.
Experience all over the head

The term "experience of pedagogical work for the early appointment of the Tudova pension" from the concept of "experience of continuous teaching work" should be distinguished. Although both concepts in everyday life are called pedagogical experience.

So, when determining the experience for charging, the period of finding an employee on child care leave does not affect the size of the pedagogical experience, and here in the case of the calculus of the experience for early appointment of the old-age labor pension it will be a significant moment.

In addition, the rules approved by Decree No. 781 are provided for special requirements for the calculation of pedagogical experience for a number of posts.

For example, directors (heads, heads) of schools, institutions of primary and secondary vocational education periods of work until September 1, 2000 are counted in the pedagogical experience, regardless of teaching work.

And from September 1, 2000 - only under the condition of teaching work in the same or other children's institution in a volume of at least 6 hours a week (240 hours per year), and in the institutions of secondary vocational education - at least 360 hours per year.

But directors and heads of kindergartens and additional education institutions in pedagogical experience are counted periods of work until November 1, 1999. As for deputy directors (chiefs, heads), their works on the Niva public enlightenment are counted into the pedagogical experience, only if the work is related to the educational process.

Let's say if the official instruction of the Deputy Director of the School according to methodological work shows that its activities are not directly related to the educational process, then the period of such work will not enter the pedagogical experience.

Regarding the teacher, the teacher, the teacher, the nurse of the nasal group of the rules established that the work in these posts is counted into the pedagogical experience for the period up to January 1, 1992.

Work in evening schools, technical schools and colleges is counted in pedagogical experience, subject to training in these institutions at least 50% of adolescents under the age of 18. At the same time, the number of children is determined on October 1 on the basis of the list of students ( order of Rosstat from 03.05.2005 №27).

Court to help you

Often the FIU refuses to include in the pedagogical experience, the period of work in the position common in Soviet times, but missing in the current list.

For example, as a pioneerweath. In Soviet times, this position was kept in the corresponding list and was counted in the length of years, provided that at least 2/3 of the experience required for the appointment of early labor pensions, accounted for work in institutions, whose work is entitled to such an employment pension (Council Resolution Ministers of the USSR dated December 17, 1959 No. 1397).

In case of refusal, contact the court. Based on the existing judicial practice, it is designed to hope that the decision will be made in favor of the pensioner.

Often the reason to apply to the court becomes the refusal of the FIU Include in the pedagogical experience Time spent on leave to care for the child.

The fact is that in the rules approved by Decree No. 781, nothing is said on this.

Therefore, the experience is estimated in the manner prescribed by law during the acquisition of this experience. The Code of Labor Law on the RSFSR (KZOT) in the editors acting until October 6, 1992It has been provided for inclusion in the special experience of leave periods of childcare until the age of one and a half years.

therefore periods of holidays up to 1.5 years, belonging to this date, are included in the pedagogical experience. It is more difficult to resolve the issue with holidays up to 3 years.

As you know, on August 22, 1989 came out resolution of the Council of Ministers of the USSR and the Central Federal District No. 677, An increase in the duration of additional leave for child care than up to three years since December 1, 1989.

The same decree it was stipulated that additional leave is counted into the general and continuous experience, as well as in the work experience in the specialty.

It would seem that the same resolution of the Constitutional Court should be applied here and the vacation period of up to three years should be counted into the pedagogical experience.

But in practice, the FIU considers "Work experience in the specialty" and "Special experience" as various concepts, so periods of vacations up to three years in a special, including pedagogical, experience does not count. However, the decision of the Pension Fund can be challenged in court.

Trust but verify

To protect yourself from unpleasant surprises when issuing an early labor pension, it is worth checking in advance whether the names of educational institutions have been recorded in the workbook, where you worked, and the names of your posts that are listed in the list approved by Decree No. 781.

If the discrepancy notice, you should contact the administration asking for appropriate changes.

In the case when such a discrepancy occurred in the past, it is necessary to take care of the collection of relevant documents to appeal to court, such as orders for renaming, the statutes of institutions, job descriptions. They will serve you a good service if the FIU refuses you in the standings of any period in the pedagogical experience.

Another important step that we recommend to take not only teachers, but also to everyone who is going to retire - in advance, it is better a few months before the appointment, request an extract from its personal account in the territorial authority.

To do this, contact the Department of Personalized Accounting at the place of residence with passport and insurance certificate of compulsory pension insurance.

Receiving an extract, you need to check whether all periods of work are reflected there, in the absence of any records there were time to access employers and restore the missing data.

And of course, special attention should be paid to the verification of the writing about the pedagogical experience.

In the rows of the table corresponding to the periods of this experience, certain codes of benefits should be indicated (for example, ZP80PD, ZP80RK, 28-PD).

If the code is absent, problems with the assignment of a pension can not be avoided. You can learn about the meaning of this or that code you can have employees of one of the three departments: personalized accounting, the appointment of a pension or the assessment of pension rights.

The fact is that according to the norms of the current legislation, the periods of work (after registering a citizen in the personified accounting system) are taken into account on the basis of this accounting data.

If even the workbook and the documents of the organization are in order, but the Pedagogical experience is not marked in these personal accounting, the FIU may refuse it.