On the right to establish an early retirement pension for work in the Far North and equivalent areas. Pension in the Far North and equivalent areas Retirement age in the Russian Federation

Read in the article:

  • How to determine percentage increases in wages and regional coefficient
  • Is the employee entitled to additional leave?
  • What guarantees are provided to women working in the Far North and similar areas?

Labor legislation provides guarantees and compensation to workers in the regions of the Far North and equivalent areas - these include wage supplements, regional coefficients, additional leaves, shortened working hours, etc. Failure to provide appropriate guarantees and compensation is a violation of labor legislation and may entail administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, employees can restore their rights in court, while recovering from the employer compensation for moral damage (Article 237 of the Labor Code of the Russian Federation), as well as interest for the delay in payment of part of the salary (Article 236 of the Labor Code of the Russian Federation). One of the tasks of a personnel officer is to prevent errors in personnel documents when registering employees.

What guarantees are provided?

We determine percentage increases in wages and regional coefficient

Step 1. Find out whether labor legislation provides for wage supplements in a certain area.

According to Art. 148 of the Labor Code of the Russian Federation, workers engaged in work in areas with special climatic conditions are guaranteed wages in the manner and amounts not lower than those established by labor legislation and other regulatory legal acts containing labor law norms. During the Soviet era, percentage bonuses for length of service were stimulating in order to attract people to live and work in areas with special climatic conditions. Today, regional coefficients and percentage bonuses for employers not related to the public sector are rather formal in nature. But the establishment of appropriate guarantees is a mandatory requirement of labor legislation, so the employer is obliged to establish them. This is confirmed by judicial practice.

Arbitrage practice

According to the Review of the Supreme Court of the Russian Federation of the practice of consideration by courts of cases related to the implementation of labor activities by citizens in the regions of the Far North and equivalent areas dated February 26, 2014, the courts correctly come to the conclusion that, regardless of the location of the organization, the payment of wages to employees of its separate structural units located in the regions of the Far North and equivalent areas are paid using regional coefficients and percentage increases in wages.

The task of the personnel officer is to determine whether a salary increase is provided for a given area. The surcharge is established if the name of the locality is indicated in the regulations. The difficulty is that in this legal area there are still scattered regulations in force former USSR, which continue to apply on the basis of Art. 423 Labor Code of the Russian Federation.

Below is a classification of localities for which workers are entitled to increased wages:

  1. Supplements for persons living in RKS and MKS are applied based on:
  • Article 315 of the Labor Code of the Russian Federation;
  • Article 11 of the Law of the Russian Federation dated February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” (as amended on December 31, 2014).

These laws only establish the calculation of the premium, without describing the procedure for calculation, the amount and without indicating the areas in which such premiums should be calculated.

  1. The list of areas that belong to the RKS and ISS areas can be determined based on:
  • Resolution of the Council of Ministers of the USSR dated 01/03/1983 No. 12 “On introducing amendments and additions to the List of regions of the Far North and localities equated to regions of the Far North, approved by Resolution of the Council of Ministers of the USSR dated November 10, 1967 No. 1029” (together with the “List of areas The Far North and areas equated to the regions of the Far North, which are subject to the Decrees of the Presidium of the Supreme Soviet of the USSR dated February 10, 1960 and September 26, 1967 on benefits for persons working in these areas and areas”, approved by the Resolution of the USSR Council of Ministers dated November 10, 1967 No. 1029).
  1. The procedure for calculating and the amount of allowances for residents of RKS and MKS are established:
  • Decree of the Presidium of the Supreme Soviet of the USSR of September 26, 1967 No. 1908-VII “On the expansion of benefits for persons working in the regions of the Far North and in areas equated to regions of the Far North”;
  • Resolution of the Council of Ministers of the RSFSR dated October 22, 1990 No. 458 “On the regulation of compensation for citizens living in the Northern regions” (as amended on May 31, 1995);
  • Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 95-Pr;
  • Explanation of the Ministry of Health and Social Development of Russia dated January 20, 2005 No. 97-Pr;
  • Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 2 “On approval of the Instructions on the procedure for providing social guarantees and compensation to persons working in the regions of the Far North and in areas equated to the regions of the Far North, in accordance with current regulations” (as amended on 11.07 .1991).
  1. The list of areas with special climatic conditions, the amount and procedure for calculating allowances are established:
  • Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 04/06/1972 No. 255 “On benefits for workers and employees of enterprises, institutions and organizations located in the Arkhangelsk region, the Karelian Autonomous Soviet Socialist Republic and the Komi Autonomous Soviet Socialist Republic” (as amended on 02/25/1994);
  • Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 01/09/1986 No. 53 “On the introduction of wage supplements for workers and employees of enterprises, institutions and organizations located in the southern regions of the Far East, the Buryat Autonomous Soviet Socialist Republic and the Chita Region”;
  • Resolution of the Council of Ministers of the USSR, All-Union Central Council of Trade Unions dated September 24, 1989 No. 794 “On the introduction of wage supplements for workers and employees of enterprises, institutions and organizations located in the southern regions of the Irkutsk region and Krasnoyarsk Territory.”

It is necessary to take into account that the name and territorial division of some subjects of the Russian Federation were amended by later (compared to Decrees and Resolutions) regulations (for example, Irkutsk, Arkhangelsk regions, Krasnoyarsk, Chukotka, Nenets Autonomous Okrugs, etc.). Therefore, to search for the names of these subjects of the Russian Federation in the list, you need to check the correspondence of the names of the localities.

Dimensions percentage increase depend on the length of service and age of the employee and are determined for each employee personally.

Example 1

Let's determine whether a percentage premium has been established in the city of Ukhta, Komi Republic. The name of the city of Ukhta is indicated in the Resolution of the USSR Council of Ministers dated January 3, 1983 No. 12 in the section “Localities equated to regions of the Far North.” Paragraph “c” of Part 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII states that in areas equated to the regions of the Far North, a premium is paid. So, in this city it is necessary to apply a salary supplement.

Step 2. Determine whether labor legislation provides for a regional coefficient in a certain area.

According to Art. 316 of the Labor Code of the Russian Federation, the size of the regional coefficient and the procedure for its application for calculating wages of employees of organizations located in the regions of the Far North and equivalent areas are established by the Government Russian Federation. Currently, such a normative act has not been adopted. Until the adoption of the relevant act, regional coefficients continue to be applied to the wages of employees in the amounts established by government bodies of the Russian Federation or the former USSR (Part 1 of Article 423 of the Labor Code of the Russian Federation, Review of the Supreme Court of the Russian Federation dated February 26, 2014).

Conventionally, regional coefficients can be divided:

  • on regional coefficients for manufacturing sectors;
  • regional coefficients for non-manufacturing industries.

To summarize and clarify sizing information regional coefficients for non-production areas and their order practical application contained in regulatory legal documents (including the former USSR), relevant information and teaching materials(Information letter of the Department for Pension Issues of the Ministry of Labor of Russia dated 06/09/2003 No. 1199-16, Department of Income and Living Standards of the Ministry of Labor of Russia dated 05/19/2003 No. 670-9, Pension Fund of the Russian Federation dated 06/09/2003 No. 25-23/5995).

Concerning manufacturing industries, then regional coefficients are established by a large number of regulations (Resolutions of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, Resolutions of the Council of Ministers and the Government of the Russian Federation from 1960 to 2013). Currently, legal reference systems prepare appropriate reviews that help find a specific region and determine the regional coefficient established in it.

The regional coefficient is used when calculating the salaries of all employees working in a given territory, regardless of age and length of service.

Example 2

Let us determine the size of the regional coefficient for the city of Ufa. According to the Decree of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated 07/02/1987 No. 403/20-155 “On the size and procedure for applying regional coefficients to the wages of workers and employees for whom they are not established, in the Urals and in manufacturing sectors in the northern and eastern regions of the Kazakh SSR" in the Bashkir Autonomous Soviet Socialist Republic, the regional coefficient is 1.15. The city of Ufa is located in the Republic of Bashkiria, which was formerly called the Bashkir Autonomous Soviet Socialist Republic. Thus, the regional coefficient in Ufa is 1.15.

Judicial practice confirms the employer’s obligation to calculate and pay wages to employees, taking into account the regional coefficient and percentage bonus.

Arbitrage practice

The court of first instance reasonably satisfied the plaintiff's claims based on the fact that for the entire period of work the defendant calculated and paid him wages without taking into account the regional coefficient and percentage bonus for work in the RKS, while the plaintiff had the right to an appropriate guarantee (percentage bonus in the amount of 80 %), since the Murmansk region belongs to the RKS.

Appeal ruling of the Murmansk Regional Court
dated September 12, 2012 No. 33-2422

Step 3. Determine the percentage of the bonus for the employee applying for the job.

The percentage of the bonus is determined depending on the length of service and age of the employee (for the list of regulatory legal acts governing the procedure for calculating and the amount of bonuses for residents of RKS and MKS, see p. 40.

To simplify the determination of the percentage bonus, conditional workers can be divided into the following categories (table).

groups

subgroups

Amount and procedure for calculating the allowance

First. Workers over 30 years of age, as well as under 30 years of age, whose length of residence in the RKS and ISS areas is less than one year and who entered into an employment relationship after December 31, 2004

10% of earnings after the first six months of work, with an increase of 10% for each subsequent six months of work until 100% of earnings are reached

10% of earnings after the first six months of work, with an increase of 10% for each subsequent six months of work, and upon reaching 60% of the bonus - 10% of earnings for each subsequent year of work until 80% of earnings are reached

10% of earnings after the first year of work, with an increase of 10% for each subsequent year of work until 50% of earnings are reached

10% of earnings after the first year of work, with an increase of 10% for each subsequent two years of work until reaching 30% of earnings

Second. Workers under 30 years of age whose length of residence in the RKS and ISS areas is at least one year and who entered into an employment relationship after December 31, 2004

20% after the first six months of work with an increase of 20% for each subsequent six months and upon reaching 60% of the increase - the last 20% for one year of work

10% for every six months of work

According to the Decree of the Government of the Russian Federation dated October 7, 1993 No. 1012 “On the procedure for establishing and calculating length of service for receiving a percentage increase in wages for persons working in the regions of the Far North, equivalent areas and in other regions of the North”, taking into account the Determination of the Supreme Court of the Russian Federation dated 12/23/2004 No. KAS04-596 in seniority, giving the right to receive a percentage increase in wages, all periods during which the employee performed a labor function in special climatic conditions are taken into account. In this case, the corresponding length of service is summed up regardless of the duration of the break in work and the motives for terminating the employment relationship, with the exception of dismissal for guilty actions.

Periods of activity on the basis of civil contracts, as an individual entrepreneur, and some others are not counted toward the length of service that gives the right to receive a percentage increase in wages.

Example 3

The employee works at an enterprise located in Murmansk. His work experience at RKS is two years and one month. The employee's age is 32 years. According to the Decree of the Council of Ministers of the USSR dated 01/03/1983 No. 12, Murmansk belongs to the RKS (subgroup 2 of group 1), which means the percentage increase is calculated as 10% of earnings after the first six months of work with an increase of 10% for each subsequent six months of work, and after upon reaching a 60% bonus - 10% of earnings for each subsequent year of work until reaching 80% of earnings. The percentage increase for two years of work will be 40%.

Judicial practice confirms the need to calculate the percentage markup specifically for each employee, based on work experience in the relevant areas and age.

Arbitrage practice

The worker appealed to the Vsevolozhsk City Court Leningrad region with a claim against the organization for the recovery of unpaid wages. The plaintiff worked in the Arkhangelsk division, and the salary was paid to her without taking into account the percentage bonus and the regional coefficient. The court found that, according to the Information Letter of the Ministry of Labor of Russia dated May 19, 2003 No. 670-9, in the city of Arkhangelsk a regional coefficient of 1.20 is applied. According to the Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12, Arkhangelsk is classified as an area equated to the RKS. In accordance with paragraphs. “c” clause 1 of the Decree of the Presidium of the Supreme Soviet of the USSR dated September 26, 1967 No. 1908-VII in areas equated to the RKS, all workers and employees are paid an increase to their monthly earnings (excluding the regional coefficient and remuneration for length of service) in the amount of 10 % of earnings after the first year of work, with an increase of 10% for each subsequent year of work, but not more than 50% of earnings. Based on the employee’s length of service, the court determined the need for additional wages based on 50% of the northern bonus and 20% of the regional coefficient in accordance with the plaintiff’s work experience.

Should additional leave be granted?

According to Art. 321 Labor Code of the Russian Federation, Art. 14 Law of the Russian Federation dated 02/19/1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” ® (as amended on 12/31/2014; hereinafter referred to as RF Law No. 4520- 1) persons working in the RKS are provided with annual additional paid leave lasting 24 calendar days, and for persons working in areas equated to RKS - 16 calendar days.

In other municipal educational institutions, where the regional coefficient and percentage increase in wages are established, according to Art. 14 of the Law of the Russian Federation No. 4520-1, employees are provided with annual additional paid leave of 8 calendar days. Thus, the law provides for the provision of leave depending on the availability of a percentage increase and the regional coefficient established for a given area. This provision is confirmed by judicial practice.

Arbitrage practice

A former employee filed a lawsuit against the company to collect back wages that she did not receive upon dismissal. The place of performance of labor duties was Krasnoyarsk. As the court established, the city is classified as a territory equivalent to the RKS. Thus, the plaintiff has the right to additional annual leave guaranteed by Art. 321 Labor Code of the Russian Federation. When considering the case, the defendant did not deny the fact that the plaintiff was not provided with additional leave and compensation for them was not paid upon dismissal. The claim was granted.

Appeal ruling of the Moscow City Court
dated 08/02/2013 in case No. 11-24796

According to Art. 322 of the Labor Code of the Russian Federation, annual additional paid leave is provided to employees after six months of work, while the total duration of annual paid leave is determined by summing the annual main and all additional annual paid leaves.

Should women be given shorter working hours?

According to Art. 320 of the Labor Code of the Russian Federation for women working in the RKS and MKS regions, a collective agreement or employment contract establishes a 36-hour working week, unless a shorter working week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week.

The Plenum of the Supreme Court of the Russian Federation in paragraph 13 of Resolution No. 1 of January 28, 2014 “On the application of legislation regulating the work of women, persons with family responsibilities and minors” emphasized that if the employer has not established a reduced working time for women working in the RKS and MKS, the work they perform in excess of the established working hours is subject to payment according to the rules provided for in Art. 152 of the Labor Code of the Russian Federation for payment of overtime work. The obligation to establish reduced working hours for these categories of workers is confirmed by judicial practice.

Arbitrage practice

An employee whose place of work is Komsomolsk-on-Amur, Khabarovsk Territory, filed a lawsuit to recover wages for overtime work. When resolving the dispute, the court emphasized that, in accordance with the List of regions of the Far North and localities equated to them, approved by Resolution of the Council of Ministers of the USSR dated November 10, 1967 No. 1029, Komsomolsk-on-Amur is classified as an area equated to RKS. In violation of the requirements of Art. 320 of the Labor Code of the Russian Federation, the employer established for the employee in the employment contract the weekly work duration of 40 hours instead of 36 hours. The specified overtime is overtime work subject to increased payment.

Resolution of the Presidium of the Khabarovsk Regional Court
dated February 10, 2014 No. 44g-14/2014

Thus, if a worker works in the RKS or MKS regions (or not in the northern regions, but in rural areas (regardless of the region)), she needs to establish a shortened working week in her employment contract.

Step 4. We make sure that the wage is not less than the minimum wage (minimum wage) for the given region.

According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage is established simultaneously throughout the entire territory of the Russian Federation by federal law.

From paragraph 1 of Art. 133.1 of the Labor Code of the Russian Federation it follows that in a constituent entity of the Russian Federation, a regional agreement on the minimum wage may establish the minimum wage in a constituent entity of the Russian Federation.

When hiring an employee from a particular region, the personnel officer needs to find out the minimum wage in that region and make sure that the employee’s salary specified in the employment contract and the hiring order is not lower than the established minimum wage.

Example 4

What will be the minimum wage for a branch employee in the Rodinsky district of the Altai Territory in 2015? The Administration of the Altai Territory, the Altai Regional Association of Trade Union Organizations, regional associations of employers, by Regional Agreement No. 17-11-1-05 “On the amount of the minimum wage in the Altai Territory for 2013-2015” (came into force on February 26, 2013), established the minimum wage in the amount 6760 rub. Thus, the salary of an employee in the Altai Territory, including in the Rodinsky District, must be at least 6,760 rubles.

Sometimes employers set wages equal to the minimum wage, including a bonus and regional coefficient. The courts define such practices as inconsistent with the law.

Arbitrage practice

The court emphasized that, by virtue of Chapter 50 of the Labor Code of the Russian Federation, the regional coefficient for employees of organizations located in the RKS and the percentage bonus for work experience in the RKS must be added to the total wages of employees, the amount of which without these coefficients and bonuses cannot be less than the minimum wage established federal law throughout the Russian Federation.

Appeal ruling of the Murmansk Regional Court
dated May 22, 2013 No. 33-1774-2013

Read about the design of the guarantees discussed in the article, which are provided to employees of RKS and ISS, in the next issue of the magazine.

Conclusions:

  1. The size of the percentage increase depends on the length of service and age of the employee and is determined for each employee personally.
  2. The regional coefficient is used when calculating the salaries of all employees working in a given territory, regardless of age and length of service.
  3. Persons working in the RKS are provided with annual additional paid leave of 24 calendar days, and persons working in the ISS are provided with 16 calendar days.
  4. Women working in the RKS and ISS are required to work a 36-hour work week. In this case, wages are paid in the same amount as for a full working week.

The territories of the Far North include 20% of the area of ​​Russia. Another 10% are territories equated to them, located in close proximity to the Arctic Circle. Work in this area is particularly difficult due to the harsh climatic conditions. Northern experience is the number of years worked by a person in the Far North and equivalent territories.

What does northern experience give?

Work experience in the north provides people with certain benefits compared to regular work experience. The main ones are an increased northern pension for men and women whose work experience complies with the law, and the right to early retirement.

The size of the pension for workers in the North is increasing due to the use of increased coefficients for the northern regions. The value of the coefficients is set separately for each region. The largest of them (2) is used for workers in Chukotka, Sakhalin region, Kamchatka and part of Yakutia.

The smallest northern coefficient (1.15) is used in Karelia.

As for the required work experience in the North, it is established in Article 33 of the Law “On Insurance Pensions” (No. 400-FZ dated December 28, 2013):

  • In the Far North regions you need to work for 15 years;
  • In areas equivalent to it - 20 years.

Such northern experience is needed for early retirement, both for men and women. Men can become pensioners at 55 years old, and women at 50, and they must have a total insurance period of 25 and 20 years, respectively.

Additional benefits for northerners

In addition to the above benefits, northern experience provides the employee with:

  • The right to receive the title “Veteran of Labor” before age established by law for the general order.
  • The right to receive housing subsidies: applies only to workers who came to the North before 1992 and need improved housing conditions.
  • A woman with 2 or more children who has worked in the northern regions for 15 years is given the right to retire 5 years early.

Some organizations provide additional benefits for their employees upon retirement. This is done to attract qualified workers to enterprises northern regions, where the personnel issue is acute.

How to calculate northern experience

Some facts

If a person works on a shift basis, then the length of service includes not only the period of work itself, but also the time it takes to get to work, as well as the vacation between shifts.

Northern seniority is calculated according to the rules for ordinary seniority with some exceptions. That is, all periods of work in the regions of the Far North and equivalent regions are summed up.

Northern experience does not include:

  • Time spent registering at the labor exchange and receiving unemployment benefits.
  • Maternity leave to care for a child until he reaches 3 years of age. In contrast to the general length of service, even a year and a half of such leave does not count towards the northern one. It only includes the time of prenatal and postnatal leave.
  • Part-time work. Despite the fact that a note about such activity is entered in the work book, it is possible to take it into account in the northern work experience only in the case when the citizen worked for several northern organizations, and in total his work time gives full rate;
  • Training and other periods that are not included in the total length of service.

When moving for work from one northern region to another, the special length of service continues, but the coefficient for calculating the amount of the pension changes accordingly.

The table shows who is entitled to early appointment old age pensions.

Moving to an area with a normal climate stops the progress of northern work experience, but already accumulated work experience in the Far North will be taken into account when assigning a pension.

How is northern experience of less than 15 years taken into account?

If, after calculating the northern work experience, it turns out that it has not been fully developed, certain benefits for employees still remain.
If the work experience in the North is less than 15 years, but more than 7.5 years, each year of northern experience allows a person to retire 4 months earlier than usual.

Watch the video about the bonus for working in the Far North

How to apply for a northern internship

To assign a pension taking into account the benefits provided to employees with northern experience, it is necessary to submit an application to the territorial body of the pension fund. An application for a pension can be submitted no earlier than a month before the age from which the pension will be paid.

The following documents must be attached to the application:

  • Passport (pension fund employees check the applicant’s registration and age);
  • Work book (work records must contain indications of the location of the organization in the northern region);
  • A certificate confirming northern experience.

If a person lives in a remote area, then he can submit Required documents electronic.

In some cases you may need:

  • Certificate of presence of dependents;
  • Certificate from the housing department confirming registration at the place of residence;
  • Documents confirming the change of last name, first name or patronymic.

The pension fund has 1 month to consider the application. The specialists notify the applicant in writing of the decision made.

If you have questions, write in the comments

PENSION SECURITY FOR “NORTHERNS”.

Citizens living in the Far North and equivalent areas, as well as citizens who previously worked in such areas, regardless of their current place of residence, are granted the right to early appointment labor pension by old age.

Men are granted a pension upon reaching the age of 55 years and women upon reaching 50 years of age, if they have worked for at least 15 calendar years in the regions of the Far North (RKS), or at least 20 calendar years in equivalent areas (MKS) and have insurance experience, respectively. at least 25 and 20 years (subclause 6, clause 1, article 28 of the Federal Law “On Labor Pensions in the Russian Federation”).

The duration of the required special experience depends on the severity of natural and climatic conditions (areas of the Far North are more severe than areas equated to them). Therefore, rules have been established for summing up periods of work in different northern regions and localities. The pension in such cases is established for 15 calendar years of work in the RKS. Moreover, each calendar year of work in the ISS is counted as 9 months of work in the RKS.

The law provides for the possibility of assigning a pension even with less northern experience than indicated above. However, it must be at least 7 years 6 months in calendar terms, or at least 10 years in the ISS.

Retirement age with incomplete northern work experience, it is differentiated depending on the duration of northern work. For each full calendar year of work in the RKS, the generally established retirement age (60 years for men and 55 for women) is reduced by 4 months. Below is a table of the age of men and women upon reaching which they may be granted a pension with incomplete northern service. Please note that in this case it is necessary to have a full insurance period (25 years for men, 20 years for women).

Retirement age with incomplete northern experience.

Duration of work in the North

Retirement age

In RKS no less

In the ISS no less

18 years 8 months

55 years 4 months

50 years 4 months

17 years 4 months

55 years 8 months

50 years 8 months

14 years 8 months

56 years 4 months

51 years 4 months

13 years 4 months

56 years 8 months

51 years 8 months

10 years 8 months

57 years 4 months

52 years 4 months

7 years 6 months

57 years 8 months

52 years 8 months

Less than 7 years 6 months.

Less than 10 years

When determining the right to a pension, along with periods of work in the North, calendar periods of work in ordinary areas, but with special working conditions, which also give the right to a pension at a reduced retirement age, are also taken into account as part of the northern length of service. In this case, periods of work with special working conditions are summed up both with periods of work in the RKS and with periods of work in the ISS without any recalculation.

For example: The man worked in the RKS for 5 years, in the ISS for 5 years, and performed work under special working conditions in ordinary areas for 7 years. His northern special experience is 15 years 9 months (5 years + 3 years 9 months (9 months x 5) + 7 years).

In accordance with Art. 28.1. According to the Law “On Labor Pensions”, persons who have worked the full northern work experience of the RKS or at least 20 calendar years of the MKS and have the work experience necessary to assign a pension with special working conditions are entitled to a double reduction in the retirement age.

For example: The man worked for 20 calendar years in the city of Severobaykalsk, of which 10 years were according to List No. 1. He will have the right to early retirement at the age of 45 (a 5-year reduction in the retirement age for work in the North, and a 10-year reduction for work according to List No. 1 ).

Let us emphasize once again that for a double reduction in age it is required no less 20 years in the ISS or 15 years in the RKS for men and women. Often, women who have completed special experience under Lists No. 1 and 2, small lists and have 17 years of experience in the ISS, who have 2 or more children, mistakenly believe that for a double reduction in age, the experience in the ISS, provided for in paragraph 2, is sufficient. 1, Article 28 of the Federal Law “On Labor Pensions in the Russian Federation”.

Pension legislation provides for the early assignment of an old-age labor pension to women who have given birth to two or more children upon reaching the age of 50, if they have at least 20 years of insurance coverage and have worked for at least 12 calendar years in the RKS or at least 17 calendar years in the MKS. I draw your attention to the fact that summation in in this case does not apply. It is impossible to apply the rule on converting work experience in areas equated to regions of the Far North into work experience in regions of the Far North in accordance with paragraph 2 of subparagraph 6 of paragraph 1 of Article 28 of the Federal Law of January 1, 2001, since the proportion of 9 months to 12 months corresponds to the ratio 15 years of work in the Far North regions to 20 years of work in equivalent areas.

Another benefit for citizens who have worked as reindeer herders, fishermen, and commercial hunters for at least 25 years for men and 20 years for women. They are granted a pension when they reach the age of 50 years for men, and for women when they reach 45 years old if they permanently reside in the RKS and ISS.

I would like to draw Special attention those citizens who work in mining cooperatives, in enterprises working on a rotational basis in the conditions of the Far North. Previously, when calculating length of service in the North, periods of rest between shifts were not counted as “northern” length of service. Currently, in connection with the Decision of the Constitutional Court dated January 1, 2001, periods of rest between shifts are counted as “northern” length of service if during the shift period the employee has worked out the standard working time (monthly, annual) established by the Labor Code.

When calculating the labor pension of the category of citizens entitled to an early labor pension in old age in connection with work in the Far North and equivalent areas, it is established increased attitude the average monthly earnings of the insured person to the average monthly salary in the Russian Federation in the amount of 1.4; 1.7; 1.9 and applies (regardless of the type of pension):

For persons living as of 01/01/2002. in RKS and ISS;

For persons, regardless of their place of residence - men who have reached the age of 55 years, and women who have reached the age of 50 years, if they are as of 01/01/2002. have worked for at least 15 calendar years in the RKS or at least 20 calendar years in equivalent areas and have, as of the specified date, an insurance period of at least 25 and 20 years, respectively.

The size of the wage ratio is established depending on the regional coefficient to wages in force in a given region or locality for workers and employees in non-production industries:

Not more than 1.4 - for citizens living or working in the specified regions and localities in which a regional coefficient of up to 1.5 has been established for the wages of employees;

Not more than 1.7 - for citizens living or working in the specified regions 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 citizens living or working in the specified regions and localities in which a regional coefficient of 1.8 or higher has been established for the wages of employees.

In this case, if different regional wage coefficients are established, the wage coefficient in force in a given region or locality for workers and employees in non-production industries is taken into account.

In the city of Severobaikalsk and the Severobaikalsky district, the wage coefficient for workers in non-production industries is 1.3. During the construction of the BAM, an increased regional coefficient of 1.7 was established for wages for workers engaged in construction, in industrial production, in organizations directly related to servicing construction and builders. However, the attitude towards wages will be taken into account in an amount not exceeding 1.4, since the establishment of a coefficient of 1.7 was temporary and was established only for wages.

On July 23, 2002, Decree of the Government of the Russian Federation dated January 1, 2001 No. 000 came into force, which approved the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions” In Russian federation". Thus, “northern” experience is equated to special work experience. Consequently, there is a need to confirm the length of service with a certificate from the employer, which must reflect all information about working conditions: this includes full-time employment, fulfillment of working hours when working on a rotational basis, periods of distractions from the main place of work (vacations without pay, educational leaves, donor days, absenteeism, downtime, etc.), etc.

The concept of “full working day” is disclosed in paragraph 5 of the Explanations of the Ministry of Labor of Russia dated January 1, 2001 No. 5. A full working day means performing work for at least 80 percent of the working time. The “northern” length of service includes periods of receiving state social insurance benefits during a period of temporary disability, as well as periods of annual basic and additional paid leave.

According to federal law about changes in pension system The new retirement age established for northern women depends on the number of children born or adopted and the length of northern service.

Retirement dates for women who have reachedrequired northern experience

  1. Women without children or having one child. Retirement age - 55 years. Experience requirements: insurance experience - 20 years, northern experience - at least 15 years in the Far North (FN) or at least 20 years in areas equated to the Far North (FN).

1.Women with two, three and four children. Retirement age - 50 years. Experience requirements: insurance experience - 20 years, northern experience - 12 years in RKS or 17 years in ISS.

2.Women with five or more children. Retirement age - 50 years. Experience requirements: insurance experience - 15 years, the presence of northern experience does not matter.

Retirement dates for women who have NOT completed the required northern work experience (for women born in 1973 and younger)

1.Women without children and having one or two children.

If the northern length of service is less than half of the required (less than 7 years 6 months in the RKS or less than 10 years in the ISS), the woman will be able to retire only at 60 years old, according to generally established rules.

If half or more of the required northern work experience has been completed, then the retirement age may be reduced (see table).

Retirement age

(2 children)

7 years 6 months

57 years 8 months

57 years 8 months

10 years 8 months

57 years 4 months

57 years 4 months

13 years 4 months

56 years 8 months

56 years 8 months

14 years 8 months

56 years 4 months

56 years 4 months

17 years 4 months

55 years 8 months

18 years 8 months

55 years 4 months

1. Women with three and four children.

- if there is no northern experience or it is less than half of the required(less than 7 years 6 months in the RKS or less than 10 years in the MKS), then the generally established retirement age (60 years) is reduced by a year for each child. A mother of three children can retire at 57 years old, a mother of four children - at 56 years old.

Experience in the Far North

Experience in equivalent areas

Retirement age (women without children, 1 child)

Retirement age

(2 children)

7 years 6 months

57 years 8 months

57 years 8 months

10 years 8 months

57 years 4 months

57 years 4 months

13 years 4 months

56 years 8 months

56 years 8 months

14 years 8 months

56 years 4 months

56 years 4 months

17 years 4 months

55 years 8 months

18 years 8 months

55 years 4 months

If the northern experience is half or more of what is required, then the retirement age can be reduced in accordance with the table.

Living in a harsh cold climate requires additional guarantees from the state. This is associated with increased health risks and difficult living and working conditions. Not every citizen will risk moving to cold territories. But permanent residents of the Far North have the right to receive additional benefits from the state. These benefits include the northern pension.

Changes in northern payments are due to the indexation of subsidies for all Russian citizens in 2017. Many laws and regulations have been amended. Therefore, the issue of assigning pensions to northerners remains more relevant than ever.

Workers from certain territories of Russia, as well as areas equivalent to them, have the right to receive the following preferences:

  • Early retirement (under Article 33 of the Law of the Russian Federation “On Insurance Pensions”);
  • Increasing the amount of insurance subsidies (Article 17 of the Law of the Russian Federation No. 400 of December 28, 2013).

The northern regions are defined by Decree of the Council of Ministers of the USSR No. 12 of 1983. State guarantees for northerners are enshrined in Government Decree No. 651 of 2014.

General terms and conditions

A special feature of such a subsidy is the preservation of northern experience throughout a person’s life. If a citizen worked in the Far North for several years and then moved, he retains the right to preferential pension provision.

An increased pension is granted under the following conditions:

  • One year of northern experience in regions equivalent to KS corresponds to 9 months of labor activity in the North;
  • If you have six and a half years of northern experience, each year of service reduces your retirement time by four months;
  • The duration of such labor activity should not be less than fifteen years for women and twenty for men.

For residents of the Russian Constitutional Court, early registration of pension subsidies is provided for women at 45 years old, for men at 50. The minimum northern length of service reduces the time for retirement by five years. Women can become pensioners at the age of fifty, and men at sixty.

Who else has the right to apply for a “northern” subsidy?

Women who have reached the age of fifty have the right to receive pension provision under these conditions:

  1. The birth of two (or more) babies;
  2. Having a total experience of at least twenty years;
  3. The period of labor at the compressor station is from twelve years (seventeen for equal territories).

Workers of reindeer herding farms, fishing or hunting KS or equivalent areas:

  • Over fifty years of age (men) and forty-five (women);
  • The length of service in the specified specializations is twenty-five years (men) and twenty (women).

Privileges

To apply for a northern benefit, the applicant must submit an application and documents confirming his work in the Far North. The place of residence of the applicant at the time of filing the application does not matter.

In addition to early receipt of benefits, the state provides persons who worked, were born or live in the KS with an additional benefit - an increase in the size of the fixed part. A similar rule applies to one of the types of subsidies: age, disability or death of the breadwinner.

The amount of the subsidy will be increased depending on the coefficient provided for the given area. The development and approval of coefficients is the prerogative of the Russian Government. A similar allowance is given to persons living in the specified region.

The exception is pensioners whose period of work in the North is over 15 years (20 for equal territories) with general experience at least 25 years old (20 for women). Such pensioners are entitled to fixed payments regardless of their region of residence.

What does “northern” experience mean?

This is a type of length of service that implies the right to receive additional subsidies from the state. The rules for calculating such length of service are enshrined in regulations.

The time spent studying, completing military service, and working in the CS conditions is counted towards preferential earnings.

Not included in special training:

  • Being registered with the central bank as unemployed;
  • Child care for children up to one and a half and three years old;
  • Part-time work.

Women's special experience includes a period maternity leave on sick leave (before and after childbirth), but there is no time to care for the baby. The exception is women who were raising children before October 1992.

Innovations

In 2017, the law on northern subsidies underwent changes. A new provision has been made that provides for the right to state benefits not only for citizens who have registration or permanent residence in the Constitutional Court, but also for those persons who have lived in the northern regions for a long time, but cannot document this.

You can confirm your residence in the Far North since 2017 using:

  • Receipts, checks, paid personal invoices;
  • Copies or extracts from the Work Book;
  • Family Composition Act;
  • Marriage certificates;
  • Child's birth certificate.

Accrual of the premium is possible after submitting an application and providing one of the listed documents. But it's not that simple. The owl will have to confirm its right to government benefits annually. The application must be submitted to the Pension Fund of the Russian Federation before the deadline (it depends on the region).

Pensioners receiving payments through the post office will not need to confirm their residential address. Thus, they notify the PF in absentia of their place of residence.

If the pensioner does not provide timely Pension Fund supporting documents, the amount of payment may be reduced.

Accrual rules

Size pension payments corresponds to the coefficient calculated for a specific area of ​​residence. This coefficient is included in the formula for calculating the amount of subsidies. Amendments introduced in 2017 contributed to the indexation of not only pensions, but also survivor benefits and disability benefits.

The amount of pension payments is established taking into account the northern experience and the conditions for its acquisition. The basic condition is that the accrued amount cannot exceed three minimum pensions.

If a pensioner changes his place of residence and leaves the northern lands, the subsidy is recalculated. Returning to the CS is also the basis for indexing payments.

Registration procedure

The law provides for a uniform procedure for processing pension benefits. To do this, the applicant will have to contact the Pension Fund employees at their place of residence and provide:

  • Passport or other identification document;
  • Work book;
  • Documentary proof of residence in the northern regions of the federation.

Sometimes you may need to provide additional paperwork. The PF staff will give you an exact list.

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