Pension at work for combination. Registration of an old-age pension for a part-time worker
Problems of qualification of illegal behavior are always debatable and actively discussed in the context of the development of civil society. Does part-time work experience affect the amount of pension At my main job, the salary is small, so for about 20 years I have been working part-time in various organizations. Yes, it is quite possible. The pension legislation does not provide for such a restriction when choosing a salary option for a pension, as earnings from only one place of work. Therefore, in addition to a certificate for any 60 consecutive months on the main job for the period up to 01/01/2002, you can take certificates for part-time work for the same period (including for a smaller number of months).
The impact of part-time work on the amount of pension payments
For example, pedagogical. Continuity of experience Continuous experience is the time a citizen works at one or more enterprises, provided that the interval between dismissal and employment did not exceed 30 to 90 calendar days. For everybody specific case this period varies depending on the circumstances.
Important
Previously, with continuous work at one or more enterprises, one could count on a higher pension, but today, with the introduction of new laws, only the amount of contributions made during work is taken into account. Pension if there is no length of service The complete absence of a length of service or a minimum established by law leads to the fact that a person is deprived of the right to receive an insurance pension.
But this does not mean that a citizen in this case will be left without state support. Such persons are assigned a social pension.
Part-time work does not affect the length of service
It is much lower than the insurance one and you can get it only after reaching a certain age. So, men can count on receiving benefits only after reaching the age of 65, but women can apply for a pension a little earlier - at 60 years old.
Attention
Video: Pensions will not be without experience? You can learn more about the impact of length of service and other nuances on applying for a pension in the following video, which also lists the main requirements for persons to apply for a pension: RF. Continuous and total experience is not taken into account today in the calculations.
In addition, by 2024 minimum size the insurance period required for retirement will reach 15 years.
Does part-time work count towards seniority?
Thus, the higher your seniority and the later you retire, the higher will be the coefficient that affects the size of your salary. Periods of incapacity for work taken into account when calculating pensions As mentioned earlier, the length of service includes a number of periods that are not considered labor.
Therefore, they affect the pension. But it is important to note that such periods are taken into account only if two conditions are met:
- The person additionally carried out labor activity before or after the specified period.
- The corresponding contributions to the Pension Fund of the Russian Federation were paid to the state.
The periods included in the length of service include: 1. The period of service in the army. 2. Care:
- adults with the first group of disability;
- a minor child who has the status of a disabled person;
- elderly person over 80 years of age.
How does the size of the pension depend on the length of service?
What length of service is taken into account when calculating a pension? From the time of the USSR and until 2002, the total length of service was taken into account when retiring. Then a new law was adopted, which provided for the calculation of payments based on insurance contributions.
The latest was the new law FZ No. 400 “On insurance pensions”, adopted in 2015, which significantly changed the calculation mechanisms. What is the difference between the general experience and the insurance, we will understand further:
- Under the general experience of a citizen is meant the total time of labor activity, which was accompanied by deductions to the Pension Fund of the Russian Federation by the employer.
- Under the insurance experience, they mean the total time a person has worked in the territory of the Russian Federation.
At the same time, not only the time the person worked at the enterprise is taken into account, but also the so-called non-working periods during which deductions were made to the Pension Fund of the Russian Federation. In the future, the time received is taken into account when calculating the insurance pension of a citizen.
Asked 2013-06-15 09:51:44 +0400 in the topic "Pensions and social protection"
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Moscow Viewed 302 times. Asked 2013-08-03 09:45:03 +0400 in the topic "Pensions and social protection"
- Inclusion in part-time work experience How will the length of service be calculated at the main job and part-time? Will it be summed up, or will it be counted only for the main work? We note right away that the periods of work performed by Russian citizens on the territory Russian Federation, are included in the insurance period, provided that for these periods the employer calculated and paid insurance premiums to the FIU. At the same time, the insurance period is calculated in calendar order.
How does part-time employment affect the amount of pension
Thus, for the purpose of assigning a pension and establishing its amount, from January 1, 2002, the work book and other documents maintained and issued by the employer lose their significance. When resolving these issues, the pension authorities will proceed from the information they have about the number of paid insurance years, the amount of payments received on the account of the insured person, the growth of pension capital, etc. In addition, when calculating the insurance period, periods of work and (or) other activities and other periods prior to the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personalized) registration in the system of state pension insurance". At the same time, the main document confirming the periods of work under an employment contract is a work book of the established form.
For example, teaching experience allows you to retire before retirement age. Requirements for the length of service when calculating a pension Until 2015, persons wishing to receive a pension were required to work for at least five years. With the adoption of a new law, new rules begin to operate in the country, and the minimum length of service increases every year. So, in 2015, a new minimum of 6 years of experience was set.
Further annually given figure increases by 1 year. So, in 2016 it was necessary to have already 7 years of experience, and in 2018 - 8. The growth of the required minimum will stop only in 2025 at around 15 years. Today, if you have a service of 35 years and provided that your salary corresponded to the average level of earnings in the country, you have the right to apply for a labor pension. At the same time, its size will be at least 40% of your average earnings. This ratio depends on your experience.
Does part-time employment affect the amount of pension
Work as a part-time job according to the law is included in the total length of service. The periods included in the total length of service for calculating a pension are listed in paragraph 3 of Article 30 federal law No. 173 "On labor pensions in the Russian Federation".
If the employer transferred deductions at the approved rates and made all reports on this employee to the Pension Fund (provided individual information in the approved form), then this period should be included in the length of service for calculating the pension. The employee has the right to check the information “by itself” at the Pension Fund by applying with a passport and SNILS.
Actually, this period (when the employee worked only at this place of work) actually becomes the main one, but, apparently, this was not documented.
Does part-time work affect the amount of pension
Pension Fund of the Russian Federation, the longer his length of service. The length of service also includes the time when a person worked outside of Russia, but only if the relevant contributions were made during this period. So, now when calculating the amount of pension, the insurance period is taken into account.
The general one is taken into account only for persons who worked before the 2002 reform. The calculation of the length of service, which will then be used when calculating the amount of the pension, is carried out according to the following scheme:
- At the first stage, data on the employment of a person until 2015 are taken, and on the basis of previously existing rules, the length of service for a given period is calculated, taking into account the preferential procedure.
- At the second stage, the duration of labor activity after 2015 is calculated on the basis of the Federal Law No. 400.
There are also special types of experience that give benefits to employees of a particular area.
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Will part-time work affect the amount of your future pension? Answer: All your earnings and deductions will be taken into account when calculating and accruing a pension.
A year ago I retired. When he submitted documents for its execution, the employee pension fund I took only a certificate from the main place of work, but I didn’t take a certificate of part-time work, explaining that my coefficient for the main salary is 1.2, so part-time work does not matter. Is it really so? - asks our reader E. Klimov. Victoria Ishutina, Deputy Head of the UPFR in Khabarovsk and the Khabarovsk District He is answered by the Deputy Head of the Pension Fund Department in Khabarovsk and the Khabarovsk District, Victoria Ishutina. In accordance with the norms of the current pension legislation, one of the main parameters affecting the establishment of a pension is the insurance period and the ratio of a citizen's salary to wages across the country for the same period.
Whether part-time work experience is included in the length of service or not, labor legislation does not directly determine. In order to understand all the nuances and find the answer to this question, we suggest that you read our article.
Does part-time work count as work experience?
As indicated in Part 1 of Art. 11 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, the insurance experience (before the pension reform of 2002 it was called labor) includes all periods of work performed on the territory of the Russian Federation, during which insurance premiums were paid to the Pension Fund. At the same time, employees working on a part-time basis, in accordance with Art. 287 of the Labor Code of Russia, have equal rights with those who work in a single (or main) place of work. Also, part-time workers can count on all labor guarantees and compensation in full.
Important: an employee can confirm the fact of working as a part-time job when applying for a pension, including by submitting an employment contract drawn up in accordance with Art. 60.1 TC.
The employer has a relationship with the employee's social insurance, in accordance with subpara. 1 p. 1 art. 9 of the Law “On the Fundamentals of Compulsory Social Insurance” dated July 16, 1999 No. 165-FZ, arise from the moment an employment contract is concluded. Therefore, the obligation to pay insurance premiums for an employee arises immediately after the conclusion of an employment contract. Thus, we can make an unambiguous conclusion that a part-time employee who has concluded an employment contract, the time of performing his labor activity will be counted in the insurance period in full.
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What goes into experience when working part-time during maternity leave
According to paragraph 3 of part 1 of Art. 12 of Law No. 400-FZ, the period when an employee is on maternity leave at his main place of work is counted in his insurance experience. At the same time, in part 5 of Art. 256 of the Labor Code states that this period is counted in the total continuous labor and professional experience.
Maternity leave while on parental leave at their main place of work can be employed part-time on conditions that do not contradict Art. 282 TK. As mentioned above, for the period of part-time work, the length of service continues to be calculated, but it does not add up to the same calendar periods of being on maternity leave (that is, the length of service is considered simply for the total period). In addition, part-time work while on maternity leave does not provide the employee with any privileges for early retirement.
As for the insurance period, in this case, the subsequent calculation of the pension and the determination of the amount of sick leave is influenced by the fact that insurance premiums for a part-time employee continue to be paid by the employer from an additional place of work.
Thus, although labor legislation does not directly determine whether part-time work is included in the total length of service, an analysis of the norms of the Labor Code regulating the working conditions of part-time workers and the guarantees provided to them, as well as the norms of Law No. 400-FZ, allows us to conclude that this the period of work is included in the length of service.
If part-time work continues after dismissal from the main place of work, then part-time work is taken into account in the length of service.
The periods counted in the insurance period for establishing labor pensions are listed in clause 2 of the Rules for calculating and confirming the insurance period for establishing labor pensions, approved by Decree of the Government of the Russian Federation of July 24, 2002 No. 555 (hereinafter referred to as the Rules) and in Art. 10, 11 of the Federal Law of December 17, 2001 173-FZ "On labor pensions in the Russian Federation". Among them, periods of work and (or) other activities carried out on the territory of the Russian Federation by persons insured in accordance with the legislation of the Russian Federation on compulsory pension insurance.
In accordance with paragraph 6 of the Rules, the main document confirming the periods of work under an employment contract is a work book of the established form. In Art. 66 Labor Code The Russian Federation determined that information in the work book about part-time work has the right to enter, at the request of the employee, only the employer at the main place of work. If information about part-time work was not entered in the work book, then written labor contracts drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arises, extracts from orders, personal accounts and payroll statements are accepted to confirm the periods of work.
Does part-time work count towards seniority?
Interested in this question:
For example, a person worked at one job, then got another part-time job. He quit his main job, and part-time job remained for a long period only there and worked until he got a job again. All pension contributions were. Does this part-time job count towards the length of service and does it somehow affect the pension?
Work as a part-time job according to the law is included in the total length of service.
The periods included in the total length of service for calculating pensions are listed in paragraph 3 of Article 30 of Federal Law No. 173 “On Labor Pensions in the Russian Federation”.
If the employer transferred deductions at the approved rates and made all reports on this employee to the Pension Fund (provided individual information in the approved form), then this period should be included in the length of service for calculating the pension. The employee has the right to check information "on his own" at the Pension Fund by applying with a passport and SNILS.
Actually, this period (when the employee worked only at this place of work) actually becomes the main one, but, apparently, this was not documented.
The amount of the calculated pension (upon reaching it) is influenced by the amount of insurance payments for periods of work after January 1, 2002, while insurance premiums from different places of work are summed up.
As for supporting documents (if the need for confirmation arises), the main document in the Russian Federation confirming the period of work under an employment contract is a work book. Article 66 of the Labor Code of the Russian Federation determines that information in the work book about part-time work has the right to enter, if the employee wishes, the employer at the main place of work. If information about part-time work was not entered in the book, then written employment contracts drawn up in accordance with the law can be accepted to confirm these periods of work. as well as extracts from orders and personal accounts (transfers of salary).
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Does the length of service affect when calculating a pension when working part-time?
Hello! Please tell me, does the length of service affect when calculating a pension when working part-time (I understand that it is taken into account), or does the length of service go only for the main job, and when working part-time, only the listed insurance premiums affect the calculation of pensions? Just one employee quit his main job, and he still works part-time. And now he believes that he still has seniority for retirement, since he is still working part-time somewhere. Does he think correctly?
The employee is right, he has seniority.
The period of work under an employment contract is included in the length of service for the appointment of a pension. The insurance period is calculated in calendar order. In this case, if several periods coincide in time (including if there is a main job and part-time work), when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of a pension (Article 12 of the Law of December 17, 2001 No. 173-FZ).
Therefore, when working at the main place and part-time, the length of service in one of the places of work (at the choice of the employee) will be taken into account. After dismissal from the main job, the length of service for assigning a pension will include the period of work at the remaining place of work.
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It should be noted that part-time work is the performance of other regular paid work under a separate employment contract in free time from the main job. Accordingly, part-time work takes place only if there is a main place of work. Upon dismissal from the main job, part-time work becomes the main job. Unfortunately, the conversion of a part-time job into a main job does not happen automatically. This must be done in order to avoid problems with the Pension Fund in the future.
The transition of an employee from part-time to the main job within the same organization can be arranged in several ways.
For example, such a transfer can be arranged through dismissal and employment. To do this, first formalize the dismissal from a part-time job (for example, by agreement of the parties), and then the admission of this employee to the main place of work.
At the same time, the working period is interrupted to provide the employee with annual leave, but compensation is paid for unused leave.
Another option for an employee to transfer from a part-time job to the main job is to conclude an additional agreement to the employment contract on changing the terms of the contract (Article 72 of the Labor Code of the Russian Federation). In it, indicate that the work becomes the main one for the employee, change the conditions for payment and working hours of the employee who becomes the main one. Next, issue an order in any form and also reflect this information in it.
Moreover, if a part-time entry was not made in the employee’s work book, then in column 3 of the “Information about work” section, you must indicate: “Employed (position name and, if necessary, structural unit) from (date of commencement of part-time work). From (date of commencement of part-time work) to (date of completion of part-time work) he performed the labor function as a part-time worker. As a basis for making an entry in column 4 of the same section, indicate the details of the order for hiring part-time.
Details in the materials of the System:
1. Answer: How to calculate the length of service for a pension
Valentina Andreeva, Ph.D. PhD, Professor of the Department of Labor Law and Social Security Law Russian Academy justice
The length of service for the appointment of a labor pension is the total duration: *
periods of work and (or) other activities during which contributions to pension insurance were subject to transfer;
other periods counted in the length of service in accordance with Article 11 of the Law of December 17, 2001 No. 173-FZ.
Other periods include:
period of passage military service, as well as another service equivalent to it, provided for by the Law of the Russian Federation of February 12, 1993 No. 4468-1;
the period of receipt of benefits for compulsory social insurance during the period of temporary disability;
the period of care of one of the parents for each child until they reach the age of 1.5 years, but not more than 4.5 years in total;
the period of receipt of unemployment benefits, the period of participation in paid public works and the period of moving or resettlement in the direction public service employment in another area for employment;
the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years;
the period of residence of the spouses of military personnel serving under a contract, together with their spouses, in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
the period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of Russia, permanent missions of Russia to international organizations, trade missions of Russia in foreign states, representative offices of federal bodies executive power, government agencies with federal executive bodies or as representatives of these bodies abroad, as well as to representative offices of state institutions of Russia (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total.
The specified periods are counted in the length of service if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Article 10 of the Law of December 17, 2001 No. 173-FZ .
The specified procedure for calculating the length of service follows from the provisions of paragraph 3 of article 2, articles 10, 11 of the Law of December 17, 2001 No. 173-FZ, paragraph 2 of the Rules approved by Decree of the Government of the Russian Federation of July 24, 2002 No. 555, paragraph 3 of paragraph 2 of the resolution of the Constitutional Court of the Russian Federation of July 10, 2007 No. 9-P and paragraph 3 of clause 2.1 of the ruling of the Constitutional Court of the Russian Federation of November 20, 2007 No. 798-O-O.
The insurance period for the appointment of a pension is determined on the basis of information from the individual (personalized) accounting of the Pension Fund of the Russian Federation and (or) employment contracts, certificates issued to employees at previous places of work, military ID cards and other documents, testimonies of witnesses. This follows from Article 13 of the Law of December 17, 2001 No. 173-FZ and sections II-VI of the Rules approved by Decree of the Government of the Russian Federation of July 24, 2002 No. 555.
An old-age pension is prescribed if there is at least five years of insurance experience. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension. This is stated in Article 7 of the Law of December 17, 2001 No. 173-FZ.
The calculation of the insurance period required for acquiring the right to a labor pension is carried out in a calendar order.
If several periods coincide in time, provided for in Articles 10 and 11 of the Law of December 17, 2001 No. 173-FZ, when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of a pension (Article 12 of the Law of December 17 2001 No. 173-FZ).
When calculating the insurance period before registering a citizen as an insured person in accordance with the Law of April 1, 1996 No. 27-FZ, the periods of work and other activities are confirmed by employees with documents that are drawn up and issued in the prescribed manner by employers or relevant state (municipal) bodies. Such documents, in particular, include work books, and in their absence - written employment contracts, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and payroll statements, certificates from archival institutions, witness certificates indications.
The periods of work on the territory of Russia, provided for by Article 10 of the Law of December 17, 2001 No. 173-FZ, before the registration of a citizen as an insured person, may be confirmed by the testimony of two or more witnesses if the documents on work are lost due to natural disaster(earthquake, flood, hurricane, fire, etc.) and cannot be restored. In some cases, it is allowed to establish the length of service on the basis of the testimony of two or more witnesses in case of loss of documents and for other reasons (due to their careless storage, deliberate destruction, etc.) through no fault of the employee. At the same time, the testimony of witnesses does not confirm the nature of the work, but only proves the period of activity.
When calculating the insurance period after the registration of a citizen as an insured person, the periods of work and other activities are confirmed on the basis of information from an individual (personalized) record.
For more information on what other periods are included in the length of service for assigning a pension, see How to issue an employee's retirement.
2. Answer: What are the features of part-time work
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
When part-time, the employee, in his spare time from his main job, performs other regular paid work under a separate employment contract (part 1 of article 282 of the Labor Code of the Russian Federation). Part-time work can be done both at the place of the main job (internal part-time worker), and in other organizations (external part-time worker) (part 3 of article 282 of the Labor Code of the Russian Federation).
3. Answer: How to formalize the transition of an employee from a part-time job to the main job within the same organization. Part-time employee becomes the main employee
Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment
For example, such a transfer can be arranged through dismissal and employment. To do this, first issue a dismissal from a part-time job, and then the admission of this employee to the main place of work. In this case, the part-time job must also resign from the previous main place of work. The legitimacy of this order is explained as follows.
Article 282 of the Labor Code of the Russian Federation calls part-time work "other regularly paid work on the terms of an employment contract." Since the work is different and the employment contract is also different, the employment of an employee for the main job is possible by terminating his previous employment contract and concluding a new one.
The transition from part-time to the main place of work is possible only by mutual agreement of the employee and the organization. Therefore, in the situation under consideration, the optimal basis for dismissal from part-time work will be clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation, which provides for the termination of the employment contract by agreement of the parties. In such an agreement, it is possible to fix the condition that after the employee is dismissed from a part-time job, he will definitely be accepted into the organization for the main job.
In addition, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of an employee) can be used as a basis for dismissal.
With this method of registering the transition of an employee from a part-time job to the main job, the working period is interrupted to provide him with annual leave, but compensation is paid for unused leave.
Another option for an employee to transfer from a part-time job to the main job is to conclude an additional agreement to the employment contract on changing the terms of the contract (Article 72 of the Labor Code of the Russian Federation). In it, indicate that the work becomes the main one for the employee, change the conditions for payment and working hours of the employee who becomes the main one. Next, issue an order in any form and also reflect this information in it. This conclusion follows from articles 72, 282, 284, 285 of the Labor Code of the Russian Federation.
If in work book If the employee has a record of part-time work (made in due time at the main place of work), then after the record of dismissal from the main place of work, you must indicate the full and abbreviated (if any) name of the organization. In column 3 of the next line of the section, make an entry with the following content: “Work in the position (position name) becomes the main one from (date of the employee’s transfer from part-time to the main job)”. In column 4 of the same line, enter the details of the corresponding order (instruction).
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Part-time sick leave: clarifications of the FSS 2013.
Many questions arise when we start calculating sick leave when working part-time. How to calculate the correct allowance for a non-main job? And in general, is the employee entitled to such benefits?
This question was asked by an accountant after he applied for benefits from the FSS to an employee who was paid sick leave at his main place of work and 50% for one of the part-time jobs. In another part-time job, the employee was denied. Did the employees of the Social Insurance Fund do the right thing by partially refusing to pay a part-time employee?
The FSS considered this issue in letter No. 15-03-14 / 12-13959 dated November 14, 2013. And the accountant was given a detailed answer.
Based on part 1 of Art. 2 of Federal Law No. 255-FZ of December 29, 2006 establishes a specific list of persons who are entitled to benefits in case of temporary disability and in connection with maternity. This also includes employees working on the basis of employment contracts. Article 60.1 of the Labor Code of the Russian Federation provides that an employee has the right to conclude employment contracts in combination with other employers. These external part-time workers are insured persons, and, accordingly, are entitled to benefits.
We begin the calculation of the benefit by determining the settlement period - two years preceding the occurrence of the insured event. For this period, we consider the average earnings (part 1 of article 14 of Law No. 255-FZ). Moreover, the average earnings include the entire amount of payments in favor of the employee, on which insurance premiums are charged, including from part-time work (part 2 of the same article).
Based on Part 3.2 of Art. 14 of Law No. 255-FZ on the amount of average earnings, a limit is set for each year, which cannot be exceeded.
How to determine the average daily earnings for calculating benefits?
To do this, we take the earnings accrued for the billing period and divide by 730 (part 3 of article 14 of Law No. 255-FZ).
The allowance is paid to the employee on the basis of Part 1 of Art. 6 of Law No. 255-FZ for the entire period of temporary disability until the moment of full restoration of working capacity (with the exception of cases in parts 3 and 4 of this article).
At the same time, the first three days of sick leave are paid at the expense of the employer, the rest (starting from the fourth) - at the expense of the FSS (clause 1, part 2, article 3 of Law No. 255-FZ).
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If the employee - the recipient of the allowance - at the time of the insured event works for several employers, and during the years of the billing period he worked there, then the allowance is accrued and paid for each place of work (part 2 of article 13 of Law No. 255-FZ).
At the same time, the employee is obliged to take sick leaves for each employer separately (clause 4 of the Order of the Ministry of Health and Social Development of Russia No. 624n dated 06/29/2011).
If the employee - the recipient of the allowance - at the time of the insured event works for several employers, and during the years of the billing period he worked for other employers, then the allowance is accrued and paid to him at any of the last places of work (clause 2.1, part 2, article 13 of the Law No. 255-FZ). The employee can choose at which place of work to receive benefits.
At the same time, for the billing period, to determine the average earnings, data on payments from those places of work in which the employee worked (part 1 of article 14 of Law No. 255-FZ) are taken.
Payment of benefits on the basis of Art. 13 of Law No. 255-FZ is carried out through the employer, who is responsible for their non-payment.
Thus, the sick leave when working part-time, according to the explanations of the FSS 2013, is calculated as follows.
If the recipient of the benefit worked for all three employers in the year of the insured event, and worked for them in the billing period (two previous years), then he is entitled to receive benefits from each of them, taking into account the limit also from each of them.
If the beneficiary of the benefit worked for three employers in the year of the insured event, and in the previous two years he worked for other employers, then he has the right to receive benefits for any of the last employers of his choice, but in this case, the allowance limit is taken into account only at one place work.
Calculation of sick leave allowance for examples, see here.
Calculation of benefits if there is no certificate from the previous place of work here.
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Is part-time work experience included in work experience?
Whether part-time work experience is included in the length of service or not, labor legislation does not directly determine. In order to understand all the nuances and find the answer to this question, we suggest that you read our article.
Does part-time work count as work experience?
As indicated in Part 1 of Art. 11 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, the insurance experience (before the pension reform of 2002 it was called labor) includes all periods of work performed on the territory of the Russian Federation, during which insurance premiums were paid to the Pension Fund. At the same time, employees working on a part-time basis, in accordance with Art. 287 of the Labor Code of Russia, have equal rights with those who work in a single (or main) place of work. Also, part-time workers can count on all labor guarantees and compensation in full.
Important: an employee can confirm the fact of working as a part-time job when applying for a pension, including by submitting an employment contract drawn up in accordance with Art. 60.1 TC.
The employer has a relationship with the employee's social insurance, in accordance with subpara. 1 p. 1 art. 9 of the Law “On the Fundamentals of Compulsory Social Insurance” dated July 16, 1999 No. 165-FZ, arise from the moment an employment contract is concluded. Therefore, the obligation to pay insurance premiums for an employee arises immediately after the conclusion of an employment contract. Thus, we can make an unambiguous conclusion that a part-time employee who has concluded an employment contract, the time of performing his labor activity will be counted in the insurance period in full.
What goes into experience when working part-time during maternity leave?
According to paragraph 3 of part 1 of Art. 12 of Law No. 400-FZ, the period when an employee is on maternity leave at his main place of work is counted in his insurance experience. At the same time, in part 5 of Art. 256 of the Labor Code states that this period is counted in the total continuous labor and professional experience.
Maternity leave while on parental leave at their main place of work can be employed part-time on conditions that do not contradict Art. 282 TK. As mentioned above, for the period of part-time work, the length of service continues to be calculated, but it does not add up to the same calendar periods of being on maternity leave (that is, the length of service is considered simply for the total period). In addition, part-time work while on maternity leave does not provide the employee with any privileges for early retirement.
As for the insurance period, in this case, the subsequent calculation of the pension and the determination of the amount of sick leave is influenced by the fact that insurance premiums for a part-time employee continue to be paid by the employer from an additional place of work.
Thus, although labor legislation does not directly determine whether part-time work is included in the total length of service, an analysis of the norms of the Labor Code regulating the working conditions of part-time workers and the guarantees provided to them, as well as the norms of Law No. 400-FZ, allows us to conclude that this the period of work is included in the length of service.
Calculation and payment of sick leave in combination
Part-time employees - that is, employees who regularly perform additional duties in free time, are paid based on hours worked. Of course, sooner or later they face the question of whether sick leave is paid part-time. The employer, in addition, needs to know how to fill out and calculate the sick leave for a part-time worker. In this article, we will try to answer these questions.
Sick leave and its form
A sick leave is a document on the basis of which an enterprise pays employees money for a period of temporary disability (illness, pregnancy and childbirth). Part-time sick leave is issued in the same way as at the main place of work.
In 2018, the form and procedure for filling out the sick leave did not change. The document is filled out in block capital letters, usually in black ink. If an error is made by the employer when issuing a disability certificate, it is corrected on the back of the form, certified by the signature and seal of the enterprise.
The medical institution, as a rule, issues one sick leave to each patient for each case of temporary disability. According to the law, a part-time worker is issued a document according to the number of employers - so that he is not put on absenteeism and paid for the non-working period in full.
The law on social insurance provides for the right of an employee to receive disability benefits when he concludes an employment contract, therefore, part-time sick leave must be paid. However, it is not clearly indicated which place of work is in question, so insurance payments produced by both the main employer and the management of the enterprise, where the employee is listed as a part-time job.
But since 2012, according to changes in the requirements of the Ministry of Health and Social Development, payments at the place of combination are made only if the person has two years of experience (for the same reason, medical institutions refuse to issue a second sick leave). In other cases, you can receive compensation at the main place of work. At the same time, sick leave will be paid only if there is two years of experience at this particular enterprise.
If a person has changed part-time jobs over the past two years, he must apply for payments at his main place of work. At the same time, he must provide certificates of earnings at other places of work for the last 24 months. This is due to the fact that since 2012, the calculation of average earnings has been carried out not for one calendar year, but for two.
Filling out a sick leave
A part-time sick leave is filled out in the same way as a regular one, the difference is only in one column. One third of the form must be completed by the employer: manually or using a computer.
Mistakes and corrections are desirable to avoid; if a word needs to be crossed out, this can be done with only one line, and the correct version will need to be written on the back, certified with the seal of the enterprise and the signature of the head. All entries must be made in printed legible letters in the cells printed on the sheet, without going beyond their borders.
In the document itself, the head of the enterprise writes the following:
- Indicates the full name of the enterprise (if necessary, gives an abbreviation) or the surname, name and patronymic of an individual entrepreneur.
- Puts a mark in the column "Part-time" or "Main place of work". The part-time worker must be issued two sick leave in order for the sick leave to be paid part-time.
- Indicates the registration number in the Social Security Fund.
- Enters the identification code of the employee and the insurance number of his individual personal account.
- Puts down codes in the columns "Calculation conditions".
- 100% of average earnings - experience must be eight years or more;
- 80% of average earnings - experience from five to eight years;
- 60% of average earnings - less than five years of experience.
It is on the basis of this information that the sick leave is calculated in combination.
On the reverse side of the document (and according to the new standards, it is filled out only on the front side), there are explanations for filling it out and the necessary codes with decoding. In addition, the sick leave must be signed by the chief accountant of the enterprise (or the person acting in his capacity).
The details of filling out the sick leave are described in the order of the Ministry of Health and Social Development of the Russian Federation No. 624n dated June 29, 2011 (as amended on January 24, 2012 No. 31n).
Payments of benefits for temporary disability are made on the basis of calculations made by the accounting department of the enterprise. In order to pay a sick leave to a part-time worker, you need to know how to calculate it.
Temporary disability benefits are calculated based on the average earnings for two recent years(according to the old rules, only one calendar year was taken into account). That is, if sick leave is calculated for part-time workers for 2018, you need to know their earnings for 2017 and 2016. If during this period a person worked at another enterprise, he must provide a salary certificate so that the correct amount of average daily earnings can be calculated, from which the accrual is made.
The amount of earnings for two calendar years is divided by the number of days for this period (in calculations it is customary to take the number 730) and compared with the minimum average earnings per day. If the number is less, the benefit is calculated according to the minimum wage, if more, it is calculated according to the figure received.
The part-time worker must take into account that the first three days of sick leave are paid at the expense of the employer, the rest - based on the calculated amount of average daily earnings, which is multiplied by each day of disability. This also takes into account the total insurance experience of the employee. If it is more than eight years, one hundred percent of the average daily wage is paid, if from three to eight years - eighty, if less than three years - only sixty percent. If the experience is less than a year, the payment goes according to the minimum average earnings.
Personal income tax is also withheld. Payment for sick leave to a part-time worker is made according to separate calculations that are made by the accounting department of the enterprise where the employee is a part-time worker, but according to the same principle by which the main disability sheet is calculated.
Basic rules for calculating part-time sick leave
Each company solves the problem of finding qualified employees in its own way. The staff can be formed with the involvement of specialists working part-time. The result is important for the employer. For this reason, preference is given to people who are most qualified to fulfill functional duties in vacant positions.
Good professionals are hard to find. There are frequent cases of inviting part-time workers from other related enterprises. But for various reasons, it is not always possible to organize a part-time job for an employee of interest. The way out can be the combination of several positions within the organization for an employee already performing his duties. So the need to select personnel and determine professional skills fades into the background. Therefore, the combination can be both external and internal.
If an employee falls ill, there is a specific procedure to follow. In particular, this applies to registration and mandatory payments. Part-time employees, along with ordinary employees, are entitled to compensation for the period of illness. Let us consider in more detail how a sick leave is issued and how part-time sick leave is paid. The procedure for payments and settlements is determined by Federal Law No. 255 of December 29, 2006-FZ (hereinafter - Law 255).
Payment of sick leave on an external part-time job
Performance official duties in accordance with an employment contract in several enterprises is called an external part-time job. Law 255 defines the procedure for calculating hospital benefits. If an employee carries out his labor activity part-time, then he can claim a certain percentage of compensation. The Law (article number 13) specifies the methods for calculating disability benefits. In total, three cases can be noted for determining the process of payment of benefits.
First case. An employee at the time of illness may be employed in the same firms where he has worked for the past two years. Then the allowance should be paid by all firms that have issued a part-time job for this employee.
Second case. An employee can fall ill while working in several companies, and work in other organizations for two years before that. In this case, the calculation of the sickness benefit is made by the company in which he currently works. For the calculation, two years of the previous illness, worked out by other insurers, are taken. The company authorized in issuing a sick leave, the employee chooses at his own discretion from among the employers where he currently works.
Third case. A situation may arise when an employee falls ill while working in several companies. Moreover, two years before the onset of the disease, the insured were the employers with whom he is currently employed and those with whom the employment agreements were terminated. In this case, the employee himself must choose the method of calculating benefits. Sick leave can be paid by all enterprises in which he worked and is currently working. And it is also possible to choose any of the real employers to receive benefits only from him.
It should be noted that upon presentation of a certificate of incapacity for work at the place of work, the employee is obliged to submit certificates from previous places of activity. This is necessary to confirm that he does not apply for benefits in these companies too. To ensure the right of an employee to receive disability benefits from several employers in medical institution he is issued sick leave certificates for presentation at each place of work. This procedure is provided for by the order of the Ministry of Health and Social Development dated June 29, 2011 under number 624n, but only if the length of service at the enterprise in combination exceeds two years.
Payment for sick leave on an internal part-time job
If an employee holds two positions within the same organization, he is considered an internal part-time job. In this case, there are no difficulties in calculating disability benefits. The sick leave is issued in a single copy. Income for two years is calculated by the sum of all payments in positions held within the same enterprise. When calculating benefits, special attention must be paid to the fact that the average earnings limit should not exceed the maximum established for the billing year.
Basic calculation rules in 2015
The calculation procedure in 2015 changed little compared to the previous year. The amount of the allowance depends on the average salary and insurance experience of the employee. The interest rate for the payout is as follows:
The limit of the maximum average earnings in the billing year is another factor affecting the amount of sick leave payments. In 2014 it is 624 thousand rubles, and in 2013 it is 568 thousand rubles. It should be borne in mind that insurance premiums are not paid to the social insurance fund from amounts exceeding the maximum value. Consequently, during the time of combining positions within the same company, sick leave cannot be calculated on incomes that are more than the allowed average earnings ceiling. If the total income of the employee for all combined positions is exceeded, the employer is obliged to limit the calculation of benefits within the established limit. The sick leave is issued in a single copy, and does not depend on the number of positions held within the company.
A different situation develops with external combination. Restrictions on income apply to wages issued by each employer individually. For this reason, it is quite likely and often occurs that the amount of benefits from all places of work exceeds the limit set for one employer.
Part-time sick leave is calculated in four stages:
- The average earnings for the last two years preceding the illness are calculated. Each employer is obliged to issue a certificate of the amount of wages and other monetary payments for the period of employment to a dismissed employee. This greatly facilitates the calculation when working part-time with several employers.
- The average daily earnings are calculated. To do this, you need to divide the average earnings for two years by 730;
- The value of the daily allowance is determined. To do this, it is necessary to carry out a calculation depending on the length of service of the employee.
- The final value of the disability benefit is displayed. The calculation is made by multiplying the number of sick days of the employee by the value of the daily allowance.
In the case of an insurance period of less than six months, for each month of illness in 2015, the employee will receive one minimum wage, which is equal to 5965 rubles.
A brief memo to the employee on the procedure for issuing and paying sick leave
It should be remembered that part-time sick leave is paid according to general rules. Every worker should know:
- sick leave is considered a supporting document in case of absence from the workplace. It must be submitted to the employer within six months after recovery. Delay in filing sick leave may result in denial of its payment;
- sick leave payment will be calculated according to the minimum wage equal to 5965 rubles in the absence of official income over the past two years;
- after dismissal, the employee retains the right to sick leave from the former employer within thirty days after the end of the employment contract. For this case, the payment of a hospital benefit equal to 60% of the average earnings is provided.
A brief memo to the employer on the procedure for issuing and paying sick leave
Sick leave when working part-time is paid according to the same rules as for employees working in the same position. Every employer needs to know:
It is important for the employer to document the employment of the employee at other enterprises, since the sick leave is paid part-time from his funds. Consequently, the positive decision of the FSS on the reimbursement of the company's finances spent on the payment of hospital benefits depends on how reliable the information will be. All cases of interaction between the employee and the employer are regulated by the regulatory legal acts. Properly organized work of the personnel department (if any) will save you from many troubles. If there is no personnel specialist, the manager himself must know which laws must be applied in a particular case.
Thus, the higher your seniority and the later you retire, the higher will be the coefficient that affects the size of your salary. Periods of incapacity for work taken into account when calculating pensions As mentioned earlier, the length of service includes a number of periods that are not considered labor. Therefore, they affect the pension. But it is important to note that such periods are taken into account only if two conditions are met:
- The person additionally carried out labor activity before or after the specified period.
- The corresponding contributions to the Pension Fund of the Russian Federation were paid to the state.
The periods included in the length of service include: 1. The period of service in the army. 2. Care:
- adults with the first group of disability;
- a minor child who has the status of a disabled person;
- elderly person over 80 years of age.
How does the size of the pension depend on the length of service?
Separate cases of employment There are separate types of employment that are included in the length of service and affect the pension:
- The probationary period is taken into account on the basis of Article 79 of the Labor Code of the Russian Federation, which states that it does not matter what type of contract was used when hiring.
- incomplete work week also counts in the length of service, but on the condition that the employer pays contributions to the Pension Fund.
At the same time, it makes no difference whether a person works for 0.3, 0.5 or 0.9 rates. - When working part-time, the experience is considered only at the main place of work, but if deductions to the Pension Fund of the Russian Federation come from both enterprises, then the contributions are summed up, which subsequently affects the size of the pension.
In this case, a person may be credited with special types of experience.
The impact of part-time work on the amount of pension payments
The amount of the calculated pension (upon reaching it) is influenced by the amount of insurance payments for periods of work after January 1, 2002, while insurance premiums from different places of work are summed up.
As for supporting documents (if the need for confirmation arises), the main document in the Russian Federation confirming the period of work under an employment contract is a work book.
Article 66 of the Labor Code of the Russian Federation determines that information in the work book about part-time work has the right to enter, if the employee wishes, the employer at the main place of work.
If information about part-time work was not entered in the book, then written employment contracts drawn up in accordance with the law can be accepted to confirm these periods of work.
Does part-time work count towards seniority?
What goes into experience when working part-time during maternity leave? According to paragraph 3 of part 1 of Art. 12 of Law No. 400-FZ, the period when an employee is on maternity leave at his main place of work is counted in his insurance experience.
At the same time, in part 5 of Art. 256 of the Labor Code states that this period is counted in the total continuous labor and professional experience. Maternity leave while on parental leave at their main place of work can be employed part-time on conditions that do not contradict Art.
282 TK. As mentioned above, for the period of part-time work, the length of service continues to be calculated, but it does not add up to the same calendar periods of being on maternity leave (that is, the length of service is considered simply for the total period).
Part-time work does not affect the length of service
Work as a part-time job according to the law is included in the total length of service.
The periods included in the total length of service for calculating pensions are listed in paragraph 3 of Article 30 of Federal Law No. 173 “On Labor Pensions in the Russian Federation”.
If the employer transferred deductions at the approved rates and made all reports on this employee to the Pension Fund (provided individual information in the approved form), then this period should be included in the length of service for calculating the pension.
The employee has the right to check the information “by itself” at the Pension Fund by applying with a passport and SNILS.
Actually, this period (when the employee worked only at this place of work) actually becomes the main one, but, apparently, this was not documented.
Does seniority affect the size of the pension?
Also, part-time workers can count on all labor guarantees and compensation in full. Important: an employee can confirm the fact of working as a part-time job when applying for a pension, including by submitting an employment contract drawn up in accordance with Art. 60.1
TK. The employer has a relationship with the employee's social insurance, in accordance with subpara.
1 p. 1 art. 9 of the law "
On the Basics of Compulsory Social Insurance” dated July 16, 1999 No. 165-FZ, arise from the moment an employment contract is concluded.
Therefore, the obligation to pay insurance premiums for an employee arises immediately after the conclusion of an employment contract. Thus, we can make an unambiguous conclusion that a part-time employee who has concluded an employment contract, the time of performing his labor activity will be counted in the insurance period in full.
Does part-time work experience affect the size of the pension?
A year ago I retired. When I submitted documents for its execution, the employee of the Pension Fund took only a certificate from the main place of work, but did not take a certificate of part-time work, explaining that my coefficient for the main salary is 1.2, so part-time work does not matter . Is it really so? - asks our reader E. Klimov. Victoria Ishutina, Deputy Head of the UPFR in Khabarovsk and the Khabarovsk District He is answered by the Deputy Head of the Pension Fund Department in Khabarovsk and the Khabarovsk District, Victoria Ishutina.
In accordance with the norms of the current pension legislation, one of the main parameters affecting the establishment of a pension is the length of service and the ratio of a citizen's salary to the salary in the country for the same period.
Whether part-time work experience is included in the length of service or not, labor legislation does not directly determine.
In order to understand all the nuances and find the answer to this question, we suggest that you read our article. Does part-time work count as work experience? What goes into experience when working part-time during maternity leave? Does part-time work count as work experience? As indicated in Part 1 of Art. 11 of the law "
On insurance pensions” dated December 28, 2013 No. 400-FZ, the insurance record (before the pension reform of 2002 it was called labor) includes all periods of work performed on the territory of the Russian Federation, during which insurance premiums were paid to the Pension Fund.
At the same time, employees working on a part-time basis, in accordance with Art. 287 of the Labor Code of Russia, have equal rights with those who work in a single (or main) place of work.
Pension Fund of the Russian Federation, the longer his length of service. The length of service also includes the time when a person worked outside of Russia, but only if the relevant contributions were made during this period.
So, now when calculating the amount of pension, the insurance period is taken into account.
The general one is taken into account only for persons who worked before the 2002 reform.
The calculation of the length of service, which will then be used when calculating the amount of the pension, is carried out according to the following scheme:
- At the first stage, data on the employment of a person until 2015 are taken, and on the basis of previously existing rules, the length of service for a given period is calculated, taking into account the preferential procedure.
- At the second stage, the duration of labor activity after 2015 is calculated on the basis of the Federal Law No. 400.
There are also special types of experience that give benefits to employees of a particular area.
Since in case of coincidence in time of periods of work and (or) other activities included in the length of service, one of such periods is taken into account at the choice of the person who applied for the establishment of a pension (paragraph 36 of the Rules), the presence in the work book of an entry about part-time work is not important for determining the amount of the pension. An exception may be the case when, during the period of part-time work, a citizen changed his main place of work, as a result of which there was a break in the seniority.
They are listed in paragraph 3 of Article 30 of Federal Law No. 173 “On labor pensions in the Russian Federation”.
The amount of the calculated pension is influenced by the amount of insurance payments for periods of work after January 1, 2002, while insurance premiums from different places of work are summed up.
When calculating the pension for the period of employment before January 1, 2002, the amount of insurance contributions is not taken into account.
Article 30. Evaluation of pension rights of insured persons
2. The estimated amount of the labor pension when assessing the pension rights of the insured person may be determined at the choice of the insured person either in the manner established by paragraph 3 of this article, or in the manner established by paragraph 4 of this article, or in the manner established by paragraph 6 of this article.
3. The estimated amount of the labor pension is determined (in the case of choosing an insured person) according to the following formula:
RP \u003d SK x ZR / ZP x SZP, where
from among men with a total length of service of at least 25 years, and among women with a total length of service of at least 20 years, is 0.55 and increases by 0.01 for each full year of total length of service in excess of the specified duration, but not more than 0.20;
from among persons with insurance experience and (or) experience in the relevant types of work that are required for the early assignment of an old-age labor pension (Articles 27-28 of this Federal Law) is 0.55 with a total length of service equal to the length of the insurance period, specified in Articles 27-28 of this Federal Law, required for the early assignment of an old-age labor pension, and increases by 0.01 for each full year of the total length of service in excess of the length of such length of service, but not more than 0.20; *30.3.6
ZR - the average monthly earnings of the insured person for 2000-2001 according to the information of individual (personalized) registration in the system of compulsory pension insurance or for any 60 consecutive months of work on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies. Witness testimony does not confirm the average monthly earnings;
ZP - average monthly salary in the Russian Federation for the same period;
SZP - the average monthly salary in the Russian Federation for the period from July 1 to September 30, 2001 for the calculation and increase in the size of state pensions, approved by the Government of the Russian Federation (1671 rubles 00 kopecks).
The ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (SR / SR) is taken into account in the amount of not more than 1.2.
For persons residing as of January 1, 2002 in the regions of the Far North and areas equated to them, in which district wage coefficients are established, the ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation (ZR / ZP) is taken into account in the following sizes:
not more than 1.4 - for persons who lived in the indicated districts and localities in which a regional coefficient of up to 1.5 is established for the wages of employees; not more than 1.7 - for persons who lived in the indicated districts and localities, in which a regional coefficient of 1.5 to 1.8 is established for the wages of employees; not more than 1.9 - for persons residing in the indicated districts and localities in which a district coefficient of 1.8 and higher is established for the wages of employees. In all cases of taking into account the ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (ZR / ZP) in an increased amount, the regional coefficient established by the authorities state power USSR or federal government bodies. In this case, if different regional wage coefficients are established, the wage coefficient established in the given district or locality for workers and employees of non-productive industries is taken into account.
For the persons specified in paragraph one of subparagraph 6 of paragraph 1 of Article 28 of this Federal Law, including persons in respect of whom the provisions of Article 28_1 of this Federal Law are applied when assigning an early retirement pension, the ratio of the pensioner's average monthly earnings to the average monthly salary in the Russian Federation (ZR / ZP) is taken into account in the above amounts, regardless of the place of residence of these persons outside the regions of the Far North and equivalent areas.
At the same time, the accounting in an increased amount of the specified ratio of earnings is carried out on the basis of information on wages for the periods provided for in paragraph seven of this clause, including periods of work in the regions of the Far North and (or) areas equated to them. The composition of wages attributable to these periods should include payments according to the district coefficient for periods of work in the regions of the Far North and (or) equivalent areas lasting at least one full month.
In cases where information on wages is presented with payments of district coefficients of different sizes, the last district coefficient accrued to the submitted wages during the period of work in the regions of the Far North and (or) equated areas to them.
periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to mandatory pension insurance; periods of work (service) in the paramilitary guards, special communications agencies or in the mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;
periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theatrical figures, as well as writers and artists who are not members of the relevant creative unions;
periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease;
the period of stay in places of detention in excess of the period appointed during the review of the case;
periods of receiving unemployment benefits, participation in paid public works, moving in the direction of the employment service to another area and employment. The calculation of the duration of periods of labor and other socially useful activities before January 1, 2002, included in the total length of service in accordance with this paragraph, is carried out in calendar order according to their actual duration, with the exception of periods of work during the full navigational period on water transport and periods of work during the full season in organizations of seasonal industries.
Periods of work during a full navigational period in water transport and during a full season in organizations of seasonal industries are included in the total length of service as a full year of work, regardless of the actual duration of these periods.
4. The estimated amount of the labor pension is determined (in the case of choosing an insured person) according to the following formula: *30.4)
RP \u003d ZR x SK, where:
RP - the estimated amount of labor pension;
ZR - the average monthly earnings of the insured person for 2000-2001 according to the information of individual (personalized) registration in the system of compulsory pension insurance or for any 60 consecutive months of work on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies. Witness testimony does not confirm the average monthly earnings of the insured person;
SC - seniority coefficient, which for insured persons:
from among men with a total length of service of at least 25 years, and among women with a total length of service of at least 20 years (with the exception of the persons specified in paragraphs seven to ten of this paragraph), is 0.55 and increases by 0, 01 for each full year of total work experience in excess of the specified duration, but not more than 0.20;
of the persons specified in subparagraphs 1-5 of paragraph 1 of Article 28 of this Federal Law is 0.55 with the duration of the total length of service equal to the length of the insurance period required for the early appointment of an old-age labor pension, and increases by 0.01 for each a full year of total seniority in excess of the duration of such seniority, but not more than 0.20;
of the persons specified in subparagraphs 1-10, 14, 15 and 17 of paragraph 1 of Article 27 and subparagraph 6 of paragraph 1 of Article 28 of this Federal Law, is 0.55 with the duration of the total work experience equal to the length of the insurance period required for the appointment of early labor old-age pension, and increases by 0.01 for each full year of total work experience in excess of the duration of such service, as well as by 0.01 for each full year of service in the relevant types of work exceeding the length of service in the relevant types of work required for early appointment old-age labor pension, but not more than 0.20 in total;
of the persons specified in subparagraphs 12, 13, 16, 18, 19-21 of paragraph 1 of Article 27 and Article 27_1 of this Federal Law, is 0.55 with the length of service in the relevant types of work equal to the length of experience in the corresponding types of work required for early appointment of an old-age labor pension, and increases by 0.01 for each full year of service in the relevant types of work in excess of the duration of such service, but not more than 0.20 in total;
of the persons specified in subparagraph 11 of paragraph 1 of Article 27 of this Federal Law is 0.75 with the length of service in the relevant types of work equal to the length of service in the relevant types of work required for the early assignment of an old-age labor pension.
For the purpose of determining the estimated amount of the labor pension of insured persons in accordance with this paragraph, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, which includes:
periods of work as a worker, employee (including work for hire before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization, other work in which the employee, not being a worker or employee, was subject to state social insurance, work ( service) in the paramilitary guard, in the bodies of special communications or the mine rescue unit, regardless of its nature, individual labor activity, including in agriculture;
periods of creative activity of members of creative unions of the USSR and union republics - writers, artists, composers, cinematographers, theatrical figures and others, as well as writers and artists who are not members of the corresponding creative unions;
service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs bodies of the Russian Federation, foreign intelligence agencies, bodies federal service security, federal executive bodies that provide for military service, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during civil war and Great Patriotic War;
periods of preparation for professional activity - training in colleges, schools and courses for personnel training, advanced training and retraining, in educational institutions secondary vocational and higher professional education(in secondary special and higher educational institutions), stay in graduate school, doctoral studies, clinical residency;
periods of temporary disability that began during the period of work, and disability of groups I and II due to an injury associated with production or an occupational disease;
periods of care for a disabled person of group I, a disabled child, the elderly, if he needs constant care at the conclusion of a medical institution;
the periods of care of a non-working mother for each child under the age of three years and 70 days before his birth, but not more than nine years in total;
periods of residence of the spouses of military personnel serving under a contract, together with their spouses, in areas where they could not work in their specialty due to the lack of employment opportunities;
periods of residence abroad of spouses of employees of Soviet institutions and international organizations, but not more than 10 years in total;
periods of stay in places of detention in excess of the period appointed during the review of the case;
periods of payment of unemployment benefits, participation in paid public works and moving in the direction of the employment service to another locality and employment;
citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached the age of 16 by the day of occupation or during its period - the time of their stay at the age of 16 and older in the occupied territory of the USSR or other states, as well as in the territories of states who were at war with the USSR, with the exception of cases when they committed a crime during the specified period;
citizens who lived in the city of Leningrad during its blockade (from September 8, 1941 to January 27, 1944), as well as citizens - prisoners of fascist concentration camps - the time, respectively, of living in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War, with the exception of cases when they committed a crime during the specified period.
The calculation of the duration of periods of labor and other socially useful activities before January 1, 2002, included in the total length of service in accordance with this paragraph, is made in calendar order according to their actual duration, with the exception of:
periods of work during a full navigational period in water transport and periods of work during a full season in organizations of seasonal industries, which are included in the total length of service for a full year of work, regardless of the actual duration of these periods;
periods of work in leper colonies and anti-plague institutions, which are included in the total length of service at a double rate;
periods of service in military units, headquarters and institutions that are part of the army in the field, in partisan detachments and formations during the period of hostilities, as well as the time spent on treatment in medical institutions due to military trauma, periods of military service in the exclusion zone, determined in accordance with The Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of a disaster at Chernobyl nuclear power plant", which are included in the total length of service in a triple amount;
periods of work in the city of Leningrad during the blockade (from September 8, 1941 to January 27, 1944), which are included in the total seniority in a triple amount;
periods of work during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy, which are included in the total length of service at a double rate;
periods of work in the regions of the Far North and areas equivalent to regions of the Far North, which are included in the total length of service in one and a half times;
periods of military service on conscription, which are included in the total length of service at a double rate;
periods of residence in the besieged city of Leningrad and concentration camps during the Great Patriotic War, which are included in the total length of service in double size;
periods of work or service (with the exception of military service) in the exclusion zone, determined in accordance with the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster", which are included in the total length of service in one and a half times.
The estimated amount of the labor pension determined in accordance with this paragraph, with the length of service in the relevant types of work in flight and flight test personnel for men from 20 to 25 years old and for women from 15 to 20 years old, is reduced by 2 percent for each year (including including incomplete), lacking full experience in the relevant types of work specified in subparagraph 13 of paragraph 1 of Article 27 and Article 27_1 of this Federal Law.
The estimated amount of the labor pension, determined in accordance with this clause, for test pilots of the 1st class from among the persons specified in Article 27_1 of this Federal Law, is increased by 10 percent. At the same time, the estimated amount of the labor pension cannot exceed 75 percent of the average monthly earnings of the insured person.
The estimated amount of the labor pension, determined in accordance with this paragraph, to the persons specified in Article 27.1 of this Federal Law, including class I test pilots from among them, is not subject to the restriction established by paragraph forty of this paragraph.
The estimated amount of the labor pension determined in accordance with this paragraph, if there is a total length of service equal to 25 years for men and 20 years for women, and for persons with experience in the relevant types of work and insurance experience required for early assignment of a labor pension according to old age (Articles 27 and 28 of this Federal Law), in the presence of a total length of service equal in duration to the insurance period required for the early appointment of an old-age labor pension, cannot exceed an amount equal to 555 rubles 96 kopecks, and for persons with experience of relevant types of work and length of service required for the early appointment of an old-age labor pension provided for by subparagraphs 1, 11 and 13 of paragraph 1 of Article 27 of this Federal Law - 648 rubles 62 kopecks. For each full year exceeding 25 years for men and 20 years for women, and for persons who have experience in the relevant types of work and insurance experience required for the early assignment of an old-age labor pension, the duration of the insurance period required for the early assignment of a labor pension old age, these amounts are increased by 1 percent, but not more than 20 percent.
For persons residing as of January 1, 2002 in districts where district wage coefficients are established, the amounts indicated in paragraph forty of this paragraph, including those increased taking into account the length of the total length of service, are increased by the corresponding district coefficient. In this case, if different regional wage coefficients are established, the wage coefficient established in the given district or locality for workers and employees of non-productive industries is taken into account.
Persons who have 15 calendar years of work in the regions of the Far North or 20 calendar years of work in areas equivalent to regions of the Far North, as well as persons specified in subparagraph 1 of paragraph 1 of Article 27 of this Federal Law, if they are at least 6 years 8 months or at least 5 years (men and women, respectively) have worked in the regions of the Far North in the jobs provided for in subparagraph 1 of paragraph 1 of Article 27 of this Federal Law, as well as to the persons specified in subparagraph 2 of paragraph 1 of Article 27 of this Federal Law, if they have been at least 8 years 4 months or at least 6 years 8 months (respectively, men and women) worked in the regions of the Far North at the jobs provided for in subparagraph 2 of paragraph 1 of Article 27 of this Federal Law, the amounts specified in paragraph forty of this paragraph, including increased taking into account the duration total length of service are increased by the corresponding regional coefficient. The specified increase is made regardless of the place of residence of these persons outside the regions of the Far North and areas equated to them in the manner that was established for the appointment and recalculation of state pensions and was valid until January 1, 2002.
6. For persons who, as of December 31, 2001, were provided with an old-age labor pension, a labor disability pension, a labor pension in the event of the loss of a breadwinner or a labor pension for long service in accordance with the Law of the Russian Federation “On State Pensions in the Russian Federation” , at their choice, the amount of one pension established by him, taking into account increases and compensation payments in connection with the increase in the cost of living in the Russian Federation, using the appropriate district coefficient, is taken as the estimated amount of the labor pension, with the exception of allowances for care and for disabled dependents. *30.6.1)