) include the following types of leave:

Is it included in work experience?

Based on the year and for what period the woman cared for the child born, its duration, which is included in the pension period, also depends.

• Since 2015 (when the norms of the federal law of the Russian Federation “On Insurance Pensions” came into force), the insurance period includes both the time before and after the birth of a child, as well as the care of one of the parents for up to 1.5 years. However, the maximum duration of this period, which is included in the length of service, is six years (clause 1 of Article 12 of the law).

Reference! When, for example, five children are born, when calculating the pension, not 7.5 years will be taken into account (1.5 years on leave * 5 children), but only 6 years.

• In 2002-2014, similar rules were in force, but within the framework of the federal law “On Labor Pensions”. At that time, the maximum period that was included in the length of service for a pension was 4.5 years (clause 1 of Article 11).

  Thus, when five children are born, the period will not be 7.5 years (1.5 years * 5 children), but only 4.5 years.

• The longest total duration of the period of maternity leave included in the length of service is 9 years.

Is it included in the teaching experience for calculating a preferential pension?

In accordance with the same law on insurance pensions (), before the age of 55, female teachers who have worked in institutions for children for at least 25 years can retire. However, the Labor Code of the Russian Federation (part five of Article 256) stipulates that the period of care is not taken into account when calculating the pension early.

There is an exception: if the time for care fell on the period before 06.10.1992, then maternity leave included in calculations for receiving a pension earlier than established by law retirement age.

Thus, if you are a teacher and were on maternity leave until October 1992, then you are required to take this leave into account when retiring on preferential terms.

Calculation features

Since 2015, points accrued both for periods of work and for parental leave after their birth are used to calculate pensions.

Thus, for each year of maternity leave with the first child, 1.8 points will be applied, 3.6 points with the second child, 5.4 with the third and (or) fourth children. Again, no more than 6 years will be taken into account in the total amount.

If it was an incomplete year, then the following coefficients are used for calculations:

• for each month - based on 1/12 of the coefficient for the full year;
• for each day – 1/360 of a year.

How to properly arrange child care time?

Every employee leaving the workplace on maternity leave must promptly:

1. Issue a certificate of incapacity for work. If a woman wants to work longer in an organization, then this is permissible, taking into account her filling out an application in the HR department addressed to the employer.
2. To process care payments, the application addressed to the manager must be in writing.
3. Maternity leave and care leave are processed directly by the employer. He also donates to the Social Insurance Fund Required documents to receive benefits and payments due for release from work due to pregnancy.

Attention! To be on the safe side, a woman has the right to review her work book at any time to ensure that the periods of maternity leave are completely and correctly recorded in it.

Conclusion

Thus, when preparing to go on maternity leave, a woman should be more careful when preparing her documents. In case of any doubts about the correctness, completeness and accuracy of the data reflected by the authorities in its work book, she has the right to double-check the correctness of the registration.

In addition, when deciding on the duration of the period to care for her child, a woman should proceed not only from possible length of service for retirement, but also for the needs of their children at such an early age.

Degtyareva A.G.(01/13/2017 at 11:23:31)

Hello! In relation to your question, let me explain the following:

On October 6, 1992, amendments were made to the then-current Labor Code of the RSFSR. dated September 25, 1992 “On Amendments and Additions to the Labor Code of the RSFSR” amended Art. 167 Labor Code of the RSFSR; Part 5 of this article is stated in the following wording: “counts into the general and continuous work experience, as well as into the length of service in the specialty (except for cases on preferential terms).”

The above Law of September 25, 1992 came into force on October 6, 1992, before that time Art. 167 of the Labor Code of the RSFSR did not contain a clause excluding the inclusion of parental leave in the length of service for the purpose of granting a pension on preferential terms.

Article 167 of the Labor Code of the RSFSR (as amended in force until 06.10.1992) provided for inclusion without preservation until the child reaches the age of one year in the general and continuous experience, as well as work experience in the specialty.

The calculation of length of service in the relevant types of work occurs according to the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516.

Special length of service includes directly periods of work that give the right to early appointment labor pension, periods of receiving state benefits during temporary disability, as well as periods of annual paid leave.

In addition, the special length of service of all preferential categories of workers includes leave to care for a child upon reaching the age of 1.5 and three years, which took place before October 6, 1992 (before the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543 -1 “On amendments and additions to the Labor Code Russian Federation"). Thus, in accordance with the legislation of the Russian Federation, as of October 5, 1992, the period of parental leave was included in the special length of service.

Periods of being on parental leave are subject to inclusion in the length of service in the specialty upon early assignment of a pension if these periods occurred before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 "On Amendments and Additions to the Code labor laws of the Russian Federation", with the adoption of which the named period ceased to be included in the special length of service in the case of a pension on preferential terms), regardless of the time of application for a pension and the time when the right to early assignment of an old-age pension arose.

Good luck! If you have any other questions, please contact us. Please leave your feedback for the answer - I will be very grateful to you.
Sincerely, [email protected]

Dear Victor. This document has been terminated employment contract with grandma (you can ask for a refund). In this case, you need to indicate it on the receipt. As part of enforcement proceedings, you have the right to go to court and challenge the payment in judicial procedure, and a writ of execution on the basis of Art. 1109 Civil Code of the Russian Federation, art. Art. 119, 93 and 107 Code of Criminal Procedure of the Russian Federation
Article 45. Levy of execution on the property of spouses
1. For the obligations of one of the spouses, recovery may be applied only to the property of this spouse. If this property is insufficient, the creditor has the right to demand the allocation of the share of the debtor spouse, which would be due to the debtor spouse during the division of the common property of the spouses, in order to foreclose on it. 2. Collection is directed to common property spouses for the general obligations of the spouses, as well as for the obligations of one of the spouses, if the court has established that everything received for the obligations of one of the spouses was used for the needs of the family. If this property is insufficient, the spouses bear joint liability for these obligations with the property of each of them.
If a court verdict establishes that the common property of the spouses was acquired or increased from funds obtained by one of the spouses through criminal means, the penalty may be applied to the common property of the spouses or to a part of it, respectively.
3. The liability of spouses for damage caused by their minor children is determined by civil law. In accordance with Part 2 of Art. 65 of the RF IC, parents have the right to enter into a written agreement on the procedure for implementing parental rights a parent living separately from the child.
If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights for the period before the court decision enters into legal force.
3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
4. A parent living separately from the child has the right to receive information about his child from educational institutions, medical organizations, institutions social protection population and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.

If we are talking about such vacations, then yes.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, consisting of:

presiding: T.E. Korchashkina,

judges Nazarova A.M., Zadvornova M.V.

considered at a court hearing on February 4, 2011 a civil case based on the claim of T.G. Babicheva. to the State Institution - the Office of the Pension Fund of the Russian Federation in Yakutsk, Republic of Sakha (Yakutia) on recognition of the right to assign an early retirement pension in accordance with the supervisory complaint of T.G. Babicheva. on the decision of the Yakut City Court of the Republic of Sakha (Yakutia) dated December 14, 2009, which denied the stated demands, and the ruling of the judicial panel for civil cases of the Supreme Court of the Republic of Sakha (Yakutia) dated February 15, 2010, by which the said decision of the court was first authority was left unchanged.

Having heard the report of the judge of the Supreme Court of the Russian Federation T.E. Korchashkina, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation established.

Babicheva T.G. filed a lawsuit against the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Yakutsk, Republic of Sakha (Yakutia) for recognition of the right to an early retirement pension, in support of which it referred to the fact that it had acquired the necessary 25 years of teaching experience for the appointment early labor old-age pension, however, by the decision of the State Institution - the Office of the Pension Fund of the Russian Federation in Yakutsk, Republic of Sakha (Yakutia) dated September 11, 2009, she was denied an old-age labor pension of the previously generally established retirement age due to the lack of the required special experience. At the same time, the length of service giving the right to early assignment of an old-age labor pension did not include the periods spent on advanced training courses and educational leave. The plaintiff does not agree with this decision, and therefore asked the court to oblige the pension authority to include the indicated periods in the special work experience and assign her a labor pension from July 20, 2009.

By the decision of the Yakut City Court of the Republic of Sakha (Yakutia) dated December 14, 2009, in satisfaction of the claims of Babicheva T.G. denied.

By the ruling of the judicial panel for civil cases of the Supreme Court of the Republic of Sakha (Yakutia) dated February 15, 2010, the decision of the trial court was left unchanged.

At the request of the judge of the Supreme Court of the Russian Federation dated September 7, 2010, the case was requested to the Supreme Court of the Russian Federation for verification in the manner of supervision and by the ruling of the judge of the Supreme Court of the Russian Federation dated December 24, 2010, the supervisory complaint of T.G. Babicheva. with the case transferred for consideration in a court session of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

In the supervisory complaint of Babicheva T.G. contains a request to cancel the court decisions taken in the case with reference to the fact that the court, when considering the case, committed significant violations of the rules of substantive law governing the legal relations that arose.

The parties, having been notified of the time and place of consideration of the case by way of supervision, did not appear at the court session of the Judicial Collegium, and therefore, on the basis of Article 385 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it possible to consider the case in their absence.

Having checked the case materials and discussed the arguments of the supervisory complaint, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the supervisory complaint of T.G. Babicheva. subject to satisfaction.

The grounds for canceling or changing court decisions in the manner of supervision are significant violations of substantive or procedural law that influenced the outcome of the case, without eliminating which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as the protection of public interests protected by law (Article 387 of the Civil Code). procedural code of the Russian Federation).

When considering this case, the courts of first and cassation instances committed such significant violations of the norms of substantive law, expressed in the following.

In accordance with subparagraph 19 of paragraph 1 of Article 27 Federal Law dated December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”, an old-age labor pension before reaching the age established by Article 7 of this Federal Law is assigned to persons who have worked for at least 25 years pedagogical activity in institutions for children, regardless of their age.

Paragraph 2 of Article 27 of this Federal Law stipulates that the Lists of relevant jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and assigning the specified pension in case of necessary are approved by the Government of the Russian Federation.

From the materials of the present case it appears that Babicheva T.G. filed a lawsuit against the defendant for inclusion in the work experience in a specialty that gives the right to an early retirement pension in old age, periods of participation in advanced training courses: from February 7, 2000 to February 11, 2000, from June 16, 2006 until June 25, 2006, from October 30, 2006 to November 4, 2006 and periods of study leave from August 11, 2003 to September 30, 2003, from January 20, 2004 to March 10, 2004 .

When deciding to refuse to include in the length of service giving the right to early assignment of an old-age pension, the periods of stay of T.G. Babicheva. in advanced training courses and on study leaves, the court of first instance proceeded from the fact that 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 the Russian Federation", approved Decree of the Government of the Russian Federation of July 11, 2002 N 516 does not provide for the inclusion of these periods in the special length of service of teaching staff.

The cassation court also agreed with this position.

Meanwhile, the Judicial Collegium cannot agree with the conclusions of the courts, since they were made with significant violations of substantive law that influenced the outcome of the case, without eliminating which it is impossible to restore the plaintiff’s violated pension rights.

According to paragraph 4 of the Rules for calculating periods of work, which gives 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 the Russian Federation", approved by Decree of the Government of the Russian Federation dated July 11, 2002 N 516, in length of service that gives the right to early assignment of an old-age labor pension, periods of work performed continuously for a full working day are counted, unless otherwise provided by these Rules or other regulatory legal acts, subject to payment of insurance contributions to the Pension Fund of the Russian Federation for these periods .

In accordance with Article 187 Labor Code In the Russian Federation, when an employer sends an employee for advanced training outside of work, he retains his place of work (position) and the average salary at his main place of work.

Thus, the period of being on advanced training courses is a period of work while maintaining the average wages, with which the employer must deduct insurance contributions to the Pension Fund of the Russian Federation, in connection with which the court’s refusal to include in the length of service in a specialty that gives the right to assign an early retirement pension, the periods the plaintiff spent on advanced training courses cannot be considered corresponding to the above provisions of the law.

In addition, by virtue of Article 173 of the Labor Code of the Russian Federation, employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms through correspondence courses, who successfully study in these institutions, the employer provides additional vacation while maintaining average earnings.

In accordance with paragraph 5 of 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 the Russian Federation”, length of service giving the right to early assignment of an old-age labor pension, except periods of work also include periods of receiving state social insurance benefits during periods of temporary disability, as well as periods of annual basic and additional paid leave.

As seen from the case materials, Babicheva T.G. studied at the state accredited... State Pedagogical Academy. During the periods from August 11, 2003 to September 30, 2003, from January 20, 2004 to March 10, 2004 to the plaintiff at his place of work in kindergarten"..." additional holidays were provided while maintaining the average salary and insurance contributions were paid to the pension fund.

When making a decision, the court did not take into account the specified circumstances and the practice of considering cases of this category, the above provisions of the current legislation were not applied, and therefore the court’s conclusions about the refusal to include the periods the plaintiff spent on advanced training courses and on educational leave in the work experience, giving the right to early assignment of an old-age labor pension cannot be recognized as legal.

Under such circumstances, in order to correct a judicial error made during the consideration of the case by the courts of first and cassation instances in the application of substantive law, which resulted in the adoption of an unjust decision, the Judicial Collegium recognizes the decision of the Yakut City Court of the Republic of Sakha (Yakutia) dated December 14, 2009 and the ruling Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Sakha (Yakutia) dated February 15, 2010, subject to cancellation and the case being sent for a new trial.

When reconsidering the case, the court should take into account the above, taking into account all the circumstances established in the present case and in compliance with the requirements of substantive and procedural law, resolve the dispute that has arisen.

Guided by Articles 387, 390, 391 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation determined:

the decision of the Yakut City Court of the Republic of Sakha (Yakutia) dated December 14, 2009 and the ruling of the judicial panel for civil cases of the Supreme Court of the Republic of Sakha (Yakutia) dated February 15, 2010 are cancelled, the case is sent for a new trial to the court of first instance.

Chairman T.E. Korchashkina

Judges: Nazarova A.M.

Good afternoon! I was not protected in preferential length of service study leave is 11 days, because the date of graduation appears earlier in the diploma. Documents for the call are confirmed.

Lawyers' answers (1)

Elena, Good evening! In accordance with paragraph 1 of Art. 173 of the Labor Code of the Russian Federation establishes the following guarantees and compensation for employees:

“For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave while preserving the average earnings for. »

In accordance with clause 5 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age pension in accordance with Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516, the length of service that gives the right to early assignment of an old-age labor pension, in addition to periods of work, also includes periods of receiving state benefits social insurance during the period of temporary disability, as well as periods of annual basic and additional paid leave.

If you are denied inclusion of this period in the grace period, then receive a refusal, appeal it to the district court, ask that the refusal be declared illegal, oblige you to include these periods in the grace period, recognize your right to assign a pension and oblige you to assign a labor pension based on the grace period.

Regards, Tatiana.

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Is time spent studying by correspondence included in the preferential teaching experience?

Hello. I have been working as a kindergarten teacher for 26 years, of which this moment I am working on maternity leave, my maternity leave is ending. From 2012 - 2016 I studied by correspondence at the institute. Today I was told by the Pension Fund of the Russian Federation that distance learning for those who have studied since 2007 is not included in the preferential teaching experience; they claim that an order on this was recently issued. Is this true, otherwise I can’t find this position on the Internet. Thank you.

Lawyers' answers (2)

The refusal of the Pension Fund of the Russian Federation is unlawful for the following reasons:

In accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation,” an old-age labor pension before reaching the age established by Article 7 of this Federal Law is assigned to persons at least 25 years old. years of teaching experience in institutions for children, regardless of their age.

According to paragraph 4 of the Rules for calculating periods of work, which gives 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 the Russian Federation”, approved by Decree of the Government of the Russian Federation dated July 11, 2002 N 516, in length of service giving the right to early assignment of an old-age labor pension is counted periods of work performed continuously over a full working day, unless otherwise provided by these Rules or other regulatory legal acts, subject to payment of insurance contributions to the Pension Fund of the Russian Federation for these periods.

In accordance with paragraph 5 of 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 the Russian Federation”, length of service giving the right to early assignment of an old-age labor pension, except periods of work also include periods of receiving state social insurance benefits during periods of temporary disability, as well as periods of annual basic and additional paid leave.

Thus, periods of educational leave should be counted in teaching experience. In most cases, the Pension Fund responds to applicants in the same way as you. The refusal must be appealed in court.

good afternoon, if you studied part-time, then most likely you took educational leave, this time does not count towards preferential terms..

Issues of calculating length of service in relevant types of work are also regulated by the Rules for calculating periods of work that give the right to early assignment of an old-age pension in accordance with Art. Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation N 516 of July 11, 2002.

By virtue of clause 4 of these Rules, the length of service that gives the right to early assignment of an old-age labor pension includes periods of work performed continuously for a full working day, unless otherwise provided by the Rules or other regulatory legal acts, subject to payment of insurance for these periods contributions to the Pension Fund of the Russian Federation.

Periods of work that give the right to early assignment of an old-age labor pension, which was performed continuously during a full working day, are counted towards length of service in a calendar manner, unless otherwise provided by these Rules and other regulatory legal acts.

At the same time, the length of service includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual basic and additional paid leave (clause 5)

The regulation on the procedure for calculating length of service for the assignment of pensions for length of service to education and health workers, approved by Resolution of the Council of Ministers of the USSR of December 17, 1959 N 1397, provided for the inclusion of a period of study in pedagogical educational institutions and universities, if it was immediately preceded and immediately followed by pedagogical activity during work experience in the specialty. The said Resolution became invalid on October 1, 1993 due to the publication of Decree of the Government of the Russian Federation of September 22, 1993 N 953.

According to Article 116 of the Labor Code of the Russian Federation, annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with special character work, workers with irregular working hours, workers working in areas Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws, that is, these are vacations related to work under certain conditions.

Clause 8 of Article 50 of the Law of the Russian Federation of July 10, 1992 “On Education” establishes benefits for persons studying in educational institutions on a part-time basis (evening) and by correspondence, performing syllabus, including the right to additional paid leave at the place of work.

Article 174 of the Labor Code of the Russian Federation, located in Chapter 26 of the Code “Guarantees and compensation for employees combining work with training”, provides for the provision by the employer of additional leave to employees sent for training by the employer or who independently enrolled in state accredited educational institutions secondary vocational education, regardless of their organizational and legal forms, in correspondence and part-time (evening) forms of education, successfully studying in these institutions.

An analysis of the provisions of the Labor Code of the Russian Federation and the Law of the Russian Federation “On Education” allows us to conclude that leaves in connection with training are an additional benefit for persons combining work with training, and do not apply to either the annual main or annual additional leaves subject to inclusion in special work experience.
Thus, the special length of service that gives the right to early assignment of an old-age labor pension cannot include periods of being plaintiffs on study leave from 09/12/1994 to 09/28/1994, from 05/29/1995 to 06/25/1995, from 01/08/1996 to 01/29/1996, from 05/27/1996 to 06/24/1996, from 01/13/1997 to 02/02/1997, from 05/26/1997 until June 22, 1997

While working as a physical education teacher and deputy director for educational work Donskoy high school, S.A. was sent to advanced training courses.

Due to current regulations, teaching staff must systematically improve their professional qualifications, therefore advanced training courses and certification are a prerequisite for the work of a teacher (teacher).

According to the previously in force Article 112 of the Labor Code of the RSFSR and the currently in force Article 187 of the Labor Code of the Russian Federation, if an employer sends an employee for advanced training outside of work, he retains his place of work (position) and average salary. Periods of being on promotion courses qualifications are periods of work s while maintaining the average salary, from which the employer must make deductions of insurance contributions to the Pension Fund of the Russian Federation.

Therefore, periods of participation in advanced training and certification courses as a period of work by virtue of paragraph 4 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age pension in accordance with Art. Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516, is subject to inclusion in the special work experience that gives the right to early pension provision.

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Is study leave (correspondence study) included in the preferential pension for teaching experience?

The Pension Fund of the Russian Federation refuses to include paid study leave during studies at a pedagogical institute, citing the fact that during the session they did not work directly with children. Since 1983 I have been working at school, and from 1985-1989 I studied at the Pedagogical Institute as a correspondence student.

Thank you in advance, we are looking forward to your answer.

2 answers to a question from lawyers 9111.ru

Irina, the procedure for calculating special work experience for assigning a pension in connection with special conditions labor is regulated by the clarification of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 5 “On the procedure for applying Lists of production, work, professions, positions and indicators, giving in accordance with Articles 12, 78 and 78.1 of the RSFSR Law “On state pensions in the RSFSR "the right to an old-age pension in connection with special working conditions and to a pension for long service" (hereinafter - Explanation No. 5).

General rule - special seniority taken into account when working full time.

Explanation No. 5 does not provide for the inclusion of periods of unpaid leave and vacations with partial pay in special work experience, therefore these periods are not taken into account when calculating special work experience. Such leaves also include study leaves.

The calculation of special work experience is carried out on a calendar basis. According to the general rules, the weighted average length of the month is used - 30 days (number calendar days, calculated on average for the year) - a value that includes all calendar time during which the employee was registered at work, taking into account all weekends and holidays. The total number of months (days) that are not subject to inclusion in the special work experience is subtracted from the number of months in the accounting period.

For example, the accounting period is a year (12 months), during the year - 2 months, 25 days are not subject to inclusion in the special length of service. The duration of the special work experience will be 9 months 5 days.

Distance learning and preferential teaching experience

She worked as a teacher in a kindergarten and studied by correspondence, first at a pedagogical school from 1989 to 1992, and then at a pedagogical institute from 1992 to 1996. Will educational leave be included in the preferential length of service?

1 answer to a question from lawyers 9111.ru

GOOD DAY

NO, unfortunately - educational leaves are not included in the preferential period for calculating pensions

GOOD LUCK TO YOU AND ALL THE GOOD.

My educational leaves were paid and, accordingly, there were contributions to the Pension Fund. Is it possible through the court to include these periods in the preferential length of service?

No, the legislation, namely Federal Law 400 on insurance pensions, stipulates that educational leave is not included in the preferential length of service. Therefore, you will not be able to achieve inclusion.

The lawyer's answer is incorrect. There is positive judicial practice on your question.

Division for civil cases of the Supreme Court of the Russian Federation consisting of:

presiding Gorokhov B.A.,

judges Gulyaeva G.A., Zadvornova M.V.,

considered at a court hearing on June 3, 2011 a civil case based on the claim of Muradkhanova Sh.I. to the State Institution - the Office of the Pension Fund of the Russian Federation for the Kursk District of the Stavropol Territory to challenge the refusal to grant an early old-age pension and count it into the length of service giving the right to the early grant of an old-age pension, excluded periods labor activity according to the supervisory complaint of Muradkhanova A.I. on the decision of the judicial panel for civil cases of the Stavropol Regional Court dated June 22, 2010, which partially canceled the decision of the Kursk district court Stavropol Territory dated April 6, 2010 and a new decision was made to refuse to satisfy the stated requirements.

Having heard the report of the judge of the Supreme Court of the Russian Federation G.A. Gulyaeva, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation established:

Muradkhanova A.I. filed a lawsuit against the State Institution - the Office of the Pension Fund of the Russian Federation for the Kursk District of the Stavropol Territory to challenge the refusal to grant an old-age labor pension early and include it in the length of service that gives the right to the early grant of an old-age pension, excluded periods of labor activity, in the justification for which referred to the fact that she had acquired the necessary work experience for the appointment of an early retirement pension in connection with the implementation of teaching activities. The decision of the commission on pension issues On January 19, 2010, the State Institution - the Office of the Pension Fund of the Russian Federation for the Kursk District of the Stavropol Territory refused to grant her a pension before reaching the generally established retirement age. The special length of service for assigning a pension did not include the periods of her working activity: from December 1, 1992 to May 21, 1996 and from July 23, 1999 to January 9, 2000 as a teacher in physical culture and from March 31, 2003 to August 31, 2003 as a physical education instructor, as well as periods of her being on study leave from June 13, 1989 to June 16, 1989, from September 25, 2000 to October 8 2000, from May 14, 2001 to May 25, 2001, from October 22, 2001 to November 6, 2001, from May 27, 2002 to June 8, 2002, from October 26, 2002 to November 9, 2002, from October 27, 2003 to November 6, 2003, from January 9, 2004 to February 9, 2004; and periods of participation in advanced training courses from September 28, 1992 to October 10, 1992 and from October 26, 1992 to October 31, 1992.

Considering this decision of the territorial pension authority to violate her right to pension provision, the plaintiff asked the court to oblige the defendant to include disputed periods in the length of service that gives the right to an old-age labor pension, and to assign an early old-age labor pension from October 14, 2009.

The defendant's representative did not admit the claim.

By the decision of the Kursk District Court of the Stavropol Territory dated April 6, 2010, the claims of Muradkhanova A.I. satisfied. Government agency— The Office of the Pension Fund of the Russian Federation for the Kursk District of the Stavropol Territory is obliged to count A.I. Muradkhanova into special experience. the periods of her work as a physical education teacher from December 1, 1992 to May 21, 1996 and from July 23, 1999 to January 9, 2000; as a physical fitness instructor from March 31, 2003 to August 31, 2003; periods of study leave: from June 13, 1989 to June 16, 1989, from September 25, 2000 to October 8, 2000, from May 14, 2001 to May 25, 2001, from October 22, 2001 to November 6, 2001, from May 27, 2002 to June 8, 2002, from October 26, 2002 to November 9, 2002, from October 27, 2003 to November 6, 2003, from January 9 2004 to February 9, 2004; and periods of participation in advanced training courses from September 28, 1992 to October 10, 1992 and from October 26, 1992 to October 31, 1992 and appoint Muradkhanova A.I. old-age labor pension from the moment the right arose, that is, from October 14, 2009.

By the ruling of the judicial panel for civil cases of the Stavropol Regional Court dated June 22, 2010, the decision of the Kursk District Court of the Stavropol Territory dated April 6, 2010 was canceled regarding inclusion in the special experience for appointment early retirement periods during which the plaintiff was on study leave; periods of her work as a physical education teacher from July 23, 1999 to January 9, 2000 and as a physical education instructor from March 31, 2003 to August 31, 2003; the appointment of an early pension in connection with the implementation of teaching activities from October 14, 2009. In this part, a new decision was made, by which the plaintiff was denied satisfaction of these requirements.

At the request of the judge of the Supreme Court of the Russian Federation dated February 21, 2011, the case was requested to the Supreme Court of the Russian Federation for verification by way of supervision, and by the ruling of the judge of the Supreme Court of the Russian Federation dated April 25, 2011, the supervisory complaint of A.I. Muradkhanova. with the case transferred for consideration in a court session of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

In the supervisory complaint of Muradkhanova A.I. contains a request to cancel the court decision of the cassation court regarding the refusal to satisfy the claim and uphold the decision of the first instance court with reference to the fact that the judicial panel, when considering the case, committed significant violations of the rules of substantive law governing the legal relations that arose.

The parties, having been notified of the time and place of consideration of the case by way of supervision, did not appear at the court session of the Judicial Collegium, and therefore, on the basis of Article 385 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it possible to consider the case in their absence.

Having checked the case materials and discussed the arguments of the supervisory complaint, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the supervisory complaint of Muradkhanova A.I. subject to satisfaction.

The grounds for canceling or changing court decisions in the manner of supervision are significant violations of substantive or procedural law that influenced the outcome of the case, without eliminating which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as the protection of public interests protected by law (Article 387 of the Civil Code). procedural code of the Russian Federation).

When considering this case, the court of cassation committed such significant violations of substantive law, without eliminating which it is impossible to restore the plaintiff’s pension rights.

During the consideration of this dispute, the court found that during the periods from July 23, 1999 to January 9, 2000, Muradkhanova A.I. worked as a physical education teacher at a municipal preschool educational institution - kindergarten. in the period from March 31, 2003 to August 31, 2003 - as a physical fitness instructor.

When deciding the issue of the plaintiff’s right to be assigned an old-age labor pension before the defendant had reached the generally established retirement age, these periods were not accepted for inclusion in the special length of service for the assignment of a pension, since the position of a physical education teacher is not provided for by the currently valid List of Positions and Institutions, work in which is counted towards the length of service giving the right to early assignment of an old-age labor pension to persons engaged in teaching activities, approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781, or the previously valid List approved by the Resolution of the Council of Ministers of the RSFSR dated September 6 1991 N 463.

The defendant also did not include in the plaintiff’s length of service, which gives the right to grant an early pension, the periods of her being on study leave from June 13, 1989 to June 16, 1989, from September 25, 2000 to October 8, 2000, from 14 May 2001 to May 25, 2001, from October 22, 2001 to November 6, 2001, from May 27, 2002 to June 8, 2002, from October 26, 2002 to November 9, 2002, from October 27, 2003 to November 6, 2003, from January 9, 2004 to February 9, 2004

Having considered the case, the court of first instance recognized the plaintiff’s right to include the indicated periods in her special work experience.

The cassation court overturned the decision of the first instance court in this part and refused to satisfy the plaintiff’s demands to include the indicated periods in her work experience, giving the right to early assignment of an old-age pension.

Meanwhile, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation comes to the conclusion that the Judicial Collegium for Civil Cases of the Stavropol Regional Court, when making a ruling, committed a significant violation of the rules of substantive law governing the procedure for assigning an old-age pension on the basis of subparagraph 19 of paragraph 1 of Article 27 Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”.

Thus, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation,” an old-age labor pension before reaching the age established by Article 7 of this Federal Law is assigned to persons not less than 25 years of teaching experience in institutions for children, regardless of their age.

Paragraph 2 of Article 27 of this Federal Law stipulates that the Lists of relevant jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and assigning the specified pension in case of necessary are approved by the Government of the Russian Federation.

Decree of the Government of the Russian Federation dated October 29, 2002 N 781 approved the List of positions and institutions, work in which is counted towards length of service, giving the right to early assignment of an old-age pension to persons who carried out teaching activities in state and municipal institutions for children, and the Rules calculation of periods of work giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in state and municipal institutions for children.

In the specified List and in the previously valid Lists, the position of a physical education teacher (physical education instructor) is not provided.

However, as can be seen from the contents of the decision of the court of first instance, satisfying the claims in the above-mentioned part, the court rightfully proceeded from the instructions contained in paragraph 9 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25 “On some issues that arose among the courts when considering cases related to the exercise by citizens of the right to labor pensions,” according to which the question of the type (type) of an institution (organization), the identity of the functions performed by the plaintiff, the conditions and nature of the activity with those jobs (positions, professions) that give the right to early appointment old-age labor pension, must be decided by the court based on the specific circumstances of each case established at the court hearing (the nature and specificity, conditions of the work performed by the plaintiff, the functional duties he performs in his positions and professions, workload, taking into account the goals and objectives, as well as directions activities of institutions, organizations in which he worked, etc.).

In the case materials there is evidence and explanations on which the conclusion of the court of first instance is based, clearly confirming that the plaintiff worked directly as a teacher and her payment was made taking into account the teacher’s rate according to the 13th category of the Unified Tariff Schedule, according to the results of certification she was assigned first qualification category, which, in accordance with the Tariff and qualification requirements for positions of employees of educational institutions of the Russian Federation, approved by Resolution of the Ministry of Labor of the Russian Federation of August 17, 1995 N 46 (Appendix N 2), is assigned to educators with the 13th category.

However, when making the appealed court decision, the above provisions pension legislation and the circumstances established by the court of first instance were not taken into account by the court of cassation.

Recognizing as unlawful the conclusion of the court of first instance that the plaintiff’s periods of study leave were included in the plaintiff’s special teaching experience, the judicial panel for civil cases of the Stavropol Regional Court referred to the fact that the possibility of including study leaves in the calculation teaching experience not provided for by current pension legislation.

However, the cassation court did not take into account that, according to paragraph 4 of the Rules for calculating periods of work, which gives 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 the Russian Federation”, approved by a resolution of the Government of the Russian Federation Federation dated July 11, 2002 N 516, the length of service giving the right to early assignment of an old-age labor pension includes periods of work performed continuously during a full working day, unless otherwise provided by these Rules or other regulatory legal acts, provided payment of insurance contributions to the Pension Fund of the Russian Federation for these periods.

By virtue of Article 173 of the Labor Code of the Russian Federation, employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms through correspondence courses, who successfully study in these institutions, the employer provides additional leave with preservation average earnings.

Muradkhanova A.I. studied at a state accredited higher education institution educational institution. During the controversial periods, the plaintiff at his place of work in a kindergarten was provided with additional leave while maintaining the average salary and paid insurance contributions to the Pension Fund of the Russian Federation.

When making a decision, the court of cassation did not take into account the specified circumstances, the above provisions of the current legislation were not applied, and therefore the conclusions of the judicial panel for civil cases of the Stavropol Regional Court on the refusal to include the periods when the plaintiff was on study leave in the length of service giving the right for the early assignment of an old-age labor pension cannot be recognized as legal.

Under such circumstances, in order to correct a judicial error made during the consideration of the case by the court of cassation in the application of substantive law, which led to the adoption of an unjust decision, the Judicial Collegium recognizes the ruling of the Judicial Collegium for Civil Cases of the Stavropol Regional Court dated June 22, 2010 regarding the reversal of the decision Kursk District Court of the Stavropol Territory dated April 6, 2010 and issuing a new decision to refuse to satisfy the claim, subject to cancellation, leaving in force the specified part of the decision of the court of first instance.

Guided by Articles 387, 388, 390 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation determined:

The ruling of the judicial panel for civil cases of the Stavropol Regional Court dated June 22, 2010 is canceled in the part in which the decision of the Kursk District Court of the Stavropol Territory dated April 6, 2010 was canceled and a new decision was made to refuse to satisfy the claim. In this part, the decision of the Kursk District Court of the Stavropol Territory of April 6, 2010 is upheld.

Are study leaves after 2007 included in the preferential length of service?

The Pension Fund of the Russian Federation refused to count the sessions from 12/03/2007 to 05/03/2009 as part of the preferential length of service. They referred to the letter of the Ministry of Labor dated October 13, 2015 No. 17-3/B-502. Those. sessions after 2007 are not included in the preferential pedagogical pension. Who is right? And if in court, then what laws, etc. refer. Thank you

Lawyers' answers (1)

Study leave, is included in the preferential length of service in accordance with paragraph 4 of 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 the Russian Federation”, in the length of service giving the right to early assignment of labor pension old-age pensions, periods of work performed continuously during a full working day are counted, unless otherwise provided by these Rules or other regulatory legal acts, subject to payment of insurance contributions to the Pension Fund of the Russian Federation for these periods.

In accordance with paragraph 5 of 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 the Russian Federation”, the length of service giving the right to early assignment of an old-age labor pension, In addition to periods of work, periods of receiving state social insurance benefits during periods of temporary disability, as well as periods of annual basic and additional paid leave are also included.
By virtue of Article 173 of the Labor Code of the Russian Federation, employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms through correspondence courses, who successfully study in these institutions, the employer provides additional leave with preservation average earnings.