Court decisions based on the application of the laws “On State Pensions in the Russian Federation” and “On Insurance Pensions”.

Federal Law No. 166-FZ “On state pension provision in the Russian Federation”

Federal Law No. 400-FZ "On Insurance Pensions"

Arbitrage practice

Decision No. 2-1243/2019 of July 30, 2019 in case No. 2-1243/2019

Bugulma City Court (Republic of Tatarstan) - Civil and administrative

Court with a claim against Galiullina G.T. on the recovery of an overpaid survivor's pension in the amount of 7,700 rubles. 25 kopecks and legal costs 400 rubles. The substantiation of the statement of claim states that DD.MM.YYYY son FULL NAME4 - FULL NAME5 was assigned a survivor's pension. DD.MM.YYYY FULL NAME4 presented certificate No....

Decision No. 2-2834/2019 2-2834/2019~M-2342/2019 M-2342/2019 dated July 30, 2019 in case No. 2-2834/2019

Industrial District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative

Pensions due to the lack of 25 years of special experience required in accordance with clause 19, part 1 of Art. 30 Federal Law No. 400 dated December 28, 2013 - Federal Law “On Insurance Pensions”. The OPFR in the Khabarovsk Territory refused to satisfy her complaint against Decision No. 777 of October 2, 2018. She does not agree with these...

Decision No. 2-2045/2019 2-2045/2019~M-1657/2019 M-1657/2019 dated July 30, 2019 in case No. 2-2045/2019

Novocherkassk City Court (Rostov Region) - Civil and administrative

Novocherkassk, citing the fact that he is an old-age pensioner. In accordance with Part 1 of Art. 8 of the Federal Law of December 28, 2020 13 No. 400 - Federal Law “On Insurance Pensions”, the plaintiff is a recipient of an old-age labor pension. To confirm the insurance experience, the plaintiff provided the defendant with a work book. According to the decision...

Decision No. 2-1272/2019 2-1272/2019~M-1111/2019 M-1111/2019 dated July 30, 2019 in case No. 2-1272/2019

Solikamsk City Court (Perm region) - Civil and administrative

The right to pension provision is exercised in the manner and under the conditions prescribed by law. In accordance with paragraphs. 19 clause 1 art. 30 of Federal Law No. 400 - Federal Law "On Insurance Pensions", an old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of not...

Decision No. 2-282/2019 2-282/2019~M-236/2019 M-236/2019 dated July 30, 2019 in case No. 2-282/2019

Vytegorsky District Court (Vologda Region) - Civil and administrative

The defendant, having examined the evidence presented, the court considers that the stated demands cannot be satisfied. According to paragraph 2 of Article 3 of the Federal Law of December 28, 2013 N 400 - Federal Law, insurance length of service is the total duration of periods of work and (or) other activities for which accrued and paid...

Decision No. 2-1001/2019 2-1001/2019~M-857/2019 M-857/2019 dated July 30, 2019 in case No. 2-1001/2019

Kudymkar City Court (Perm region) - Civil and administrative

State pensions in accordance with Article 39 (Part 2) of the Constitution of the Russian Federation are established by law. According to Part 2 of Art. 2 Federal Law No. 400 dated December 28, 2013 - Federal Law “On Insurance Pensions” (hereinafter referred to as the Federal Law “On Insurance Pensions”), insurance pensions are established and paid in accordance with this Law. Based on Part 1 of Art. 8 of the specified Federal...

Decision No. 2-5960/2019 2-5960/2019~M-4535/2019 M-4535/2019 dated July 30, 2019 in case No. 2-5960/2019

Sovetsky District Court of Krasnodar (Krasnodar Territory) - Civil and administrative

In the Russian Federation, parents of deceased military personnel who served in conscription have the right to simultaneously receive two pensions according to: - the norms of the Federal Law of December 28, 2013 No. 400 - FH “On Insurance Pensions” - for old age; - the norms of the Federal Law of December 15, 2001 No. 166 - Federal Law “On State Pension Provision in the Russian Federation” - in the event of the loss of a breadwinner. Khrychev V....

Decision No. 2-476/2019 2-476/2019~M-425/2019 M-425/2019 dated July 30, 2019 in case No. 2-476/2019

Uyarsky District Court (Krasnoyarsk Territory) - Civil and administrative

In this regard, the payment of pensions stops from 02/01/2016, in accordance with clause 1, clause 1, article 25 of the Federal Law of December 28, 2013 No. 400 - Federal Law “On Insurance Pensions”. The administration of the KSBU SO "Petropavlovsk Psychoneurological Boarding School" filed an application with the Irbeysky District Court to cancel the registration record dated DD.MM.YYYY No. By the decision of Irbeysky...

A comment
to certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30
“On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions”
(consideration of cases related to the early assignment of an old-age labor pension in connection with teaching activities in institutions for children)

On December 11, 2012, the Plenum of the Supreme Court of the Russian Federation adopted resolution No. 30 “On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions” (officially published in Rossiyskaya Gazeta No. 295 of December 21, 2012 and in the Bulletin of the Supreme Court of the Russian Federation "No. 2, February 2013).
In this regard, the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions” was declared invalid.
The role of the clarifications of the Plenum of the Supreme Court of the Russian Federation in ensuring the unity of judicial practice and the protection of human rights is very important, since legislation is significantly changing and becoming more complex, its scope is expanding, and therefore new, increasingly complex issues arise in judicial practice that require proper resolution.
We consider it important to pay attention to certain provisions of this resolution and comment on them.
Thus, in paragraph 13 of the resolution of the Plenum of the Supreme Court of the Russian Federation it is explained that the old-age labor pension before reaching the age established by Article 7 of Federal Law No. 173-FZ (men - 60 years old, women - 55 years old) is assigned on the grounds provided for in Articles 27, 27.1 and 28 of this law.
In accordance with Articles 27 and 27.1 of this law, the basis for the early assignment of an old-age labor pension to persons entitled to such a pension is work of a certain duration in dangerous, harmful, difficult and other unfavorable working conditions. Early assignment of an old-age labor pension on the grounds provided for in Article 28 of this law is associated with circumstances recognized by the legislator as socially important or socially respectful.
Considering that the right of persons who have carried out teaching activities in institutions for children for at least 25 years is provided for in subparagraph 19 of paragraph 1 of Art. 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, guided by the above explanations of the Supreme Court of the Russian Federation, we can make an unambiguous conclusion that the right to early assignment of a pension in this case is associated with work in unfavorable conditions. working conditions.
It is obvious that such clarifications were given by the Plenum of the Supreme Court based on the results of an analysis of judicial practice, including taking into account the positions set forth in the decisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.
As the Constitutional Court has repeatedly indicated in its rulings, in the current pension system, the establishment for persons who carried out teaching activities in institutions for children, preferential conditions for acquiring the right to an old-age labor pension (as well as providing them with a pension for long service, provided for in the previously effective pension legislation) is aimed mainly at protecting against the risk of loss of professional ability to work before reaching the generally established retirement age. Therefore, the right to early assignment of an old-age labor pension is not associated with any work in educational institutions, but only with that work, the implementation of which is associated with increased psychophysiological stress due to the nature of professional activity, namely activities related to raising children (teaching activity).
Not all teaching staff have the right to early old-age pensions. Based on an analysis of objective data (assessment of the nature of work in a particular position and its conditions, the type and profile of the relevant institution), the Government of the Russian Federation, in pursuance of the powers vested in it by the legislator, excluded certain positions from the category of positions in which work is counted as seniority for early assignment of a labor pension in connection with teaching activities in institutions for children.
It should be noted that repeatedly in meetings of the Supreme Court of the Russian Federation in cases of appealing regulatory legal acts regulating issues of early pension provision, representatives of the Government of the Russian Federation substantiated their arguments that the right to early assignment of an old-age labor pension is not associated with any work in educational institutions , but only with those, the implementation of which is associated with increased psychophysiological stress due to the nature of a certain professional activity, namely activities related to raising children (pedagogical activity).
All of the above indicates that the work of a teaching worker has its own characteristics, which may affect the state of his health, and that is why the Government of the Russian Federation, in connection with the establishment of objective criteria for assessing the nature of work, in a particular position and its conditions, depending on the type and the profile of the relevant institution approved the List of positions and institutions in which work gives the right to early assignment of a labor pension in connection with teaching activities in institutions for children.
Paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation specifies the regulations currently applied when calculating the length of service taken into account for the early assignment of a labor pension:
Lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, and the Rules for calculating periods of work giving the right to an early retirement pension old age in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 (as amended by Decree of the Government of the Russian Federation of May 26, 2009 No. 449);
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 by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (as amended by Decree of the Government of the Russian Federation dated May 26, 2009 No. 449).
In addition, the Supreme Court of the Russian Federation explained that when resolving disputes related to the establishment and payment of old-age labor pensions to citizens before reaching the generally established retirement age, in the interests of citizens and in order to prevent the deterioration of the conditions for the implementation of the right to pension provision, which they counted on before the introduction into force of the new legal regulation (regardless of whether they have developed general or special work experience in whole or in part), the length of service giving the right to early assignment of an old-age labor pension can be calculated taking into account the legislation in force during the period of performance of the relevant work and other socially useful activities and made it possible to count such periods into length of service when assigning pensions on preferential terms (USSR Law of July 14, 1956 “On State Pensions”, USSR Law of May 15, 1990 “On Pension Provision of Citizens in the USSR”, Law of the Russian Federation dated November 20 1990 No. 340-1 “On state pensions in the Russian Federation” and by-laws adopted in accordance with them).
In connection with the introduction of changes to the legislation regulating the pension relations of insured persons and the questions that arose in the courts, the Plenum of the Supreme Court of the Russian Federation, in order to ensure the unity of judicial practice, in paragraph 15 of its resolution indicated that, when considering the requirements related to the procedure for confirming the insurance period (in including length of service giving the right to early assignment of an old-age labor pension), courts should distinguish between the periods that occurred before the registration of a citizen as an insured person in accordance with the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system" and after such registration.
The periods of work before a citizen's registration as an insured person are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies (for example, archival ones). If work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.), as well as for other reasons (due to careless storage, intentional destruction, etc.) not related to the employee’s fault, and it is impossible to restore them, then such periods of work can be established on the basis of the testimony of two or more witnesses. At the same time, the nature of the work is not confirmed by the testimony of witnesses (clause 3 of Article 13 of Federal Law No. 173-FZ).
Periods of work after registration of a citizen as an insured person by virtue of paragraph 2 of Article 13 of Federal Law No. 173-FZ are confirmed by an extract from the individual personal account of the insured person, generated on the basis of individual (personalized) accounting information.
The list of documents confirming periods of work both before a citizen’s registration as an insured person and after such registration, included in the insurance period, is established in the Decree of the Government of the Russian Federation dated July 24, 2002 No. 555 “On approval of the Rules for calculating and confirming the insurance period for establishing labor pensions" and the order of the Ministry of Health and Social Development of the Russian Federation dated March 31, 2011 No. 258n "On approval of the procedure for confirming periods of work giving the right to early assignment of an old-age pension."
The attention of the courts was drawn to the fact that, in accordance with paragraph 3 of Article 13 of Federal Law No. 173-FZ, admissible evidence confirming the characteristics of work (work in certain conditions), determining its nature and influencing the early assignment of an old-age labor pension cannot be considered. witness testimony be included. These circumstances may be confirmed by other evidence provided for in Article 55 of the Code of Civil Procedure of the Russian Federation (for example, orders, pay book, orders, etc.).
In paragraph 16 of the resolution, the Plenum of the Supreme Court of the Russian Federation explained that if a citizen disagrees with the refusal of the body providing pensions to be included in the length of service that gives the right to early assignment of an old-age labor pension (clause 1 of Article 27 of Federal Law No. 173-FZ), the period of work that, in the opinion of the citizen, is subject to inclusion in this length of service, it is necessary to take into account that the question of the identity of the work performed by the plaintiff, the position held, the existing profession with those works, positions, professions that give the right to early assignment of an old-age pension is 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 responsibilities he performs in his positions and professions, workload, taking into account the goals and objectives, as well as the areas of activity of institutions, organizations in which he worked, etc.).
In contrast to the explanations on the same issue that were given earlier in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25, in its new resolution the Plenum supplemented its explanations with the provision that establishing the identity of different names of jobs, professions, positions is not allowed.
It is obvious that such an explanation was given based on the results of a generalization of existing judicial practice. Actually, the Supreme Court of the Russian Federation adhered to the same position, citing its position on establishing the identity of various positions in the “Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2009.” (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated March 10, 2010). In the section “Judicial practice in civil cases. Proceedings in cases arising from labor and social legal relations”, paragraph 5 shows the position of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation in the case dated November 19, 2009 No. 16-B09-15.
Decree of the Government of the Russian Federation dated October 29, 2002 No. 781 approved the List of positions and institutions in which work is counted as work experience, 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.
In the specified List of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Art. 28 of the Federal Law “On Labor Pensions in the Russian Federation”, as well as in the previously valid List of professions and positions of educators whose teaching activities in schools and other institutions for children entitle them to a pension for long service, approved by a resolution of the Council of Ministers of the RSFSR dated September 6 1991 No. 463, and the List of positions in which work is counted as length of service, giving the right to a pension for length of service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067. , there is no position “circle leader”.
By order of the Ministry of Education of the Russian Federation dated January 25, 1993 No. 21, the positions of heads of clubs, sections, studios and other student associations were renamed to the position of teacher of additional education, which was first included in the Lists approved by Decree of the Government of the Russian Federation dated September 22, 1999 No. 1067, and later - to the Lists approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
In accordance with paragraph 2 of the Decree of the Government of the Russian Federation of July 11, 2002 No. 516, the right to establish the identity of professions, positions and organizations provided for in Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, as well as the Lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early to the same professions, positions and organizations that previously had other names, provided to the Ministry of Labor and Social Development of the Russian Federation on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation.
In this case, there was a centralized renaming of professions, positions and organizations (structural divisions) contained in previously adopted regulatory legal acts.
The issue of the identity of the functions performed, conditions and nature of activity with those positions that give the right to early assignment of an old-age labor pension can be decided by the court in the event of an employer incorrectly naming positions that are not contained in regulatory legal acts.
The All-Russian Classification of Worker Professions, Employee Positions and Tariff Classes, approved by Decree of the State Standard of Russia dated December 26, 1994 No. 367, along with the position of “teacher of additional education”, also retained the previous position of “head of a circle (club of interests, team, amateur association, section). , studio, tourist group)".
Taking into account the above, the Supreme Court of the Russian Federation concluded that the inclusion in the special work experience of the period of work as the head of a circle is illegal.
Now the explanation given in paragraph 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation clearly indicates to the courts that the question of the identity of the functions performed, conditions and nature of activity of those positions that give the right to early assignment of an old-age pension can be decided by the court in the case incorrect naming of positions by the employer that are not contained in regulatory legal acts.
It is necessary to pay attention to the new clarification given in paragraph 17 of the resolution of the Plenum of the Supreme Court of the Russian Federation. When resolving disputes arising in connection with the inclusion in the period of work in organizations that are not related in their organizational and legal form to institutions , courts should keep in mind that by virtue of subparagraphs 19 and 20 of paragraph 1 of Article 27 of Federal Law No. 173-FZ, the right to early assignment of an old-age pension in connection with teaching and medical activities is granted exclusively to employees of institutions. Based on paragraph 2 of Article 120 of the Civil Code of the Russian Federation, an institution can be created by a citizen or legal entity (private institution) or, respectively, by the Russian Federation, a subject of the Russian Federation, a municipal entity (state or municipal institution). At the same time, the form of ownership (state, municipal, private) of institutions in this case has no legal significance.
At the same time, when changing the organizational and legal form of institutions provided for by subparagraphs 19 and 20 of paragraph 1 of Article 27 of Federal Law No. 173-FZ, if they maintain the same nature of the professional activities of employees, the court has the right to establish the identity of the positions in which work is counted as length of service for the appointment of an early retirement pension in old age for those positions that are established after such a change.
From the point of view of the literal interpretation of the rules of law applied in determining the right of teaching staff to early assignment of a retirement pension in connection with teaching activities in institutions for children, this position is absolutely justified and logical.
At the same time, it seems that such an explanation by the Supreme Court of the Russian Federation can become a serious obstacle when making decisions by courts of general jurisdiction in cases of appealing decisions of bodies providing pensions on refusal to count periods of work in autonomous non-profit organizations, in particular in preschool educational organizations, which were previously institutions and then were transformed into autonomous non-profit organizations. In some constituent entities of the Russian Federation (for example, in the Tyumen region), in recent years, judicial practice has begun to develop in such cases regarding the inclusion in the length of service for the early assignment of a labor pension for the period of work when the kindergarten was an autonomous non-profit organization. At the same time, the court decisions were actually based on taking into account the characteristics of the work performed by teaching staff, as well as the profile of the organization in which their labor activities continued to be carried out.
In the specified paragraph of the resolution of the Plenum of the Supreme Court of the Russian Federation, it is determined that when the organizational and legal form of institutions is changed, if the former nature of the professional activities of employees is maintained in them, the court has the right to establish only the identity of the positions in which work is counted towards the length of service for the assignment of an early retirement pension in old age , those positions that are established after such a change.
In paragraph 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation, the attention of the courts is once again drawn to the fact that, in resolving disputes that arose in the event of a refusal to grant an early retirement pension in connection with the implementation of teaching activities in institutions for children on the basis of subparagraph 19 of paragraph 1 of the article 27 of Federal Law No. 173-FZ (introduced by Federal Law No. 319-FZ of December 30, 2008), it must be borne in mind that periods of work in positions in institutions specified in the List of positions and institutions, work in which is counted as length of service, giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, are counted towards the length of service in the manner prescribed by the Rules for calculating periods of work giving the right to the specified pension, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 .
In this case, work in the positions specified in paragraph 1 of the section “Name of Positions” of the List is counted towards the length of service provided that it is performed in the institutions specified in paragraphs 1.1 - 1.14 of the section “Name of Institutions” of the List, and work in the positions specified in paragraph 2 section “Name of positions” of the List, - in the institutions specified in paragraph 2 of the section “Name of institutions” of the List.
Periods of work performed before September 1, 2000 in positions in institutions specified in the List are counted towards the length of service, regardless of the condition of fulfilling working time standards (teaching or educational load) during these periods, and starting from September 1, 2000 - subject to fulfillment of ( in total for the main and other places of work) the norm of working time (teaching or educational load) established for the wage rate (official salary), except for the cases specified in paragraph 4 of the Rules.
By virtue of subparagraph “c” of paragraph 8 of the Rules, work in the position of director (chief, manager), deputy director (chief, manager) of institutions specified in paragraphs 1.8, 1.12 and 2 of the section “Name of institutions” of the List of positions and institutions in which work is counted The work experience that gives the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children is counted towards the work experience only for the period before November 1, 1999. Work in these positions in the institutions specified in paragraphs 1.8, 1.12 and 2 of the section “Name of institutions” of the above List, which took place after November 1, 1999, is not subject to counting towards teaching experience, which gives the right to early assignment of an old-age pension.
A similar rule applies to cases of work in kindergartens, nurseries, nurseries, and interschool training and production plants, which are structural divisions of organizations.
Periods of work in the positions specified in paragraph 2 of the section “Name of positions” of the List, including director (chief, manager), deputy director (chief, manager) in institutions specified exclusively in paragraph 2 of section “Name of institutions” of the List, are counted in length of service giving the right to early assignment of an old-age labor pension, from January 1, 2001, if on the specified date the person has work experience in positions in the institutions named in the List, lasting at least 16 years 8 months, and the fact of work (regardless from its duration) in positions in institutions specified in paragraph 2 of the section “Name of Positions” and in paragraph 2 of the section “Name of Institutions” of the List in the period from November 1, 1999 to December 31, 2000 (clause 12 of the Rules). In the absence of these conditions, such a period is not counted towards the length of service giving the right to early assignment of an old-age pension.
Periods of work as a teacher of additional education in institutions of additional education for children from November 1, 1999 to December 31, 2000 on the basis of previously effective resolutions of the Government of the Russian Federation dated September 22, 1999 No. 1067 “On approval of the List of positions in which work is counted as length of service , giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the length of service for assigning a pension for long service in connection with teaching activities in schools and other institutions for children" and dated February 1, 2001 year No. 79 “On introducing amendments and additions to the Decree of the Government of the Russian Federation of September 22, 1999 No. 1067” were included in the length of service giving the right to early assignment of an old-age pension, without any restrictions, and starting from January 1, 2001 are counted only if the conditions provided for in the above paragraph 12 of the Rules, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, are met.
In fact, the Supreme Court of the Russian Federation pointed to the conditions that are provided for by the above Rules, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
In this case, we have to state that those teaching staff who worked as additional education teachers in additional education institutions and had at least 16 years and 8 months of experience as of January 1, 2001, have actually already exercised their right to receive an early pension before 2009. At present, this category of workers actually does not have the right to early assignment of a labor pension in connection with teaching activities, since the condition that they have, as of January 1, 2001, work experience in positions in the institutions specified in the list, not lasting longer, cannot be met. less than 16 years 8 months.
In paragraph 26 of the resolution of the Plenum of the Supreme Court of the Russian Federation, it is explained that according to paragraph 5 of the Rules approved by Decree of the Government of the Russian Federation dated July 11, 2002 No. 516, 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 holidays.
Taking into account the fact that during the period a woman is on maternity leave, provided for in Article 255 of the Labor Code of the Russian Federation, she is paid a state social insurance benefit on the basis of a certificate of incapacity for work issued on the occasion of temporary disability, this period is also subject to inclusion in the length of service , giving the right to early assignment of an old-age labor pension.
Paragraph 27 of the resolution of the Plenum states that when resolving disputes arising in connection with the inclusion of women in the length of service that gives the right to early assignment of an old-age labor pension, the period they are on maternity leave, the courts should proceed from the fact that if the specified the period took place before October 6, 1992 (the time of 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 of the Russian Federation”, with the adoption of which the period of being on maternity leave child is not included in the special work experience in the case of a pension on preferential terms), then it is subject to inclusion in the length of service giving the right to early assignment of an old-age labor pension.
In comparison with the previously effective explanation contained in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25, the Supreme Court pointed out to the courts the need to take into account that if parental leave began before October 6, 1992, then the period of stay on this leave is subject to inclusion in the length of service, which gives the right to early assignment of an old-age labor pension, regardless of the moment of its end (before or after this date).
This clarification of the Supreme Court is very important, as it is confirmed by extensive judicial practice.
According to Art. 167 of the Labor Code of the RSFSR (as amended in 1971), a woman, upon her application, was granted additional leave without pay. Additional leave was counted towards the total and continuous work experience, as well as into the work experience in the specialty.
The Law of the Russian Federation “On Amendments and Additions to the Labor Code of the RSFSR” of September 25, 1992 introduced an amendment to Article 167 of the Labor Code of the Russian Federation, which excluded the possibility of counting the periods of women on maternity leave into the preferential length of service.
According to Part 1 of Article 4 of the Civil Code of the Russian Federation, acts of civil status do not have retroactive force and are applied to relations that arose after their entry into force. The law applies to relations that arose before its entry into force only in cases where this is expressly provided for by law.
Judicial practice shows that courts, guided by the general legal principle - “the law does not have retroactive force,” oblige bodies providing pensions to include in the length of service taken into account for the early assignment of an old-age pension in connection with teaching activities in institutions for children , the periods of women on maternity leave granted before October 6, 1992, since before that time no restrictions were established on the inclusion of these periods in the length of service for the assignment of a pension, regardless of its type.
It is obvious that the clarification given by the Supreme Court of the Russian Federation will contribute to the uniform application of legislation.
Article 151 of the Civil Code of the Russian Federation provides for the possibility of compensation to a citizen for moral harm caused (that is, physical or moral suffering). In accordance with Art. 1099 of the Civil Code of the Russian Federation establishes that moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law. In this regard, paragraph 32 of the Resolution notes that since violations of pension rights affect the property rights of citizens, claims for compensation for moral damage based on the provisions of paragraph 2 of Article 1099 of the Civil Code of the Russian Federation are not subject to satisfaction, since there is a special law that allows in this case the possibility there is no holding of bodies providing pensions to such liability.
Thus, the Supreme Court of the Russian Federation clearly explained that citizens’ demands for compensation for moral damage due to violation of their pension rights cannot be satisfied.
In paragraph 32, the Supreme Court of the Russian Federation drew the attention of the courts to the need for a clear and precise presentation of the operative part of the decision, so that it does not raise questions during its execution. For this purpose, the operative part of the decision by which the plaintiff’s demands are satisfied must, in particular, indicate which demands are subject to satisfaction and what obligation is assigned to the defendant to restore the plaintiff’s violated right (for example, imposing an obligation on the defendant to include a certain period of work of the plaintiff in special experience, giving the right to early assignment to the plaintiff of an old-age pension, to collect from the defendant the underpaid amount of the pension), and also indicates from what time the defendant is obliged to assign the plaintiff a pension if the court comes to the conclusion that the body providing pensions unreasonably refused plaintiff in granting a pension.
It must be borne in mind that if the plaintiff, in accordance with the procedure established by law, applied to the body providing pension provision for a pension, but this was unreasonably denied, the court has the right to oblige the body providing pension provision to assign the plaintiff a pension from the date of filing the application to such a body or from an earlier date, if established by Federal Law No. 173-FZ (Articles 18 and 19 of Federal Law No. 173-FZ).
Paragraph 33 of the Plenum resolution states that when canceling a court decision in a case of recovery of a labor pension in a court of appeal, cassation or supervisory authority, the courts should take into account that reversing the execution of the court decision is not allowed, except in cases of bad faith on the part of a citizen and a calculation error, provided for Article 1109 of the Civil Code of the Russian Federation.
Obviously, such an explanation was given based on the provisions of Chapter 60 of the Civil Code of the Russian Federation, which establishes the obligation to return unjust enrichment (i.e. a person who, without grounds established by law, other legal acts or transaction, acquired or saved property at the expense of another person, is obliged to return to the victim of unjustifiably acquired or saved property). However, as provided in Art. 1109 of the Civil Code of the Russian Federation, are not subject to return as unjust enrichment, including pensions provided to a citizen as a means of subsistence, in the absence of dishonesty on his part and a calculation error.
It should be noted that the resolutions of the Plenum by their nature are legal acts of the Supreme Court of the Russian Federation and by their legal nature do not contain rules of law. The Supreme Court of the Russian Federation does not have the authority to establish new legal regulations, but can only interpret existing legal regulations. However, decisions of the Plenum of the Supreme Court of the Russian Federation on issues of judicial practice are of great practical importance for courts when applying legislation.
At the same time, the position of M.V. Baglay seems fair and worthy of attention, who notes the following: “The explanations that, in accordance with the Constitution of the Russian Federation, are given by the Supreme Court of the Russian Federation, are certainly important for the generalization of judicial practice and, consequently, for the uniform application of laws . But it is still impossible to embrace all the diverse practices (even within the limits of legality). And the independence of the court is a much more important value of justice than possible rare deviations from the general rule.”

Review of judicial practice on the issue of early pension provision for teaching staff

Federal Law No. 173 “On Labor Pensions in the Russian Federation” of December 17, 2001 established the right to early pension provision for teaching workers who have worked in educational institutions for children for at least 25 years. When completing 25 years of teaching experience, the employee must personally apply for an early pension to the Pension Fund of the Russian Federation at his place of residence. Teachers' requests for early pensions end with the Pension Fund bodies making decisions to refuse to grant a pension. In case of disagreement with the refused decision of the Pension Fund, the employee may, within three years, apply to the judicial authorities with a statement of claim to recognize his right to early pension provision. Applying to the courts always requires special legal knowledge. It is necessary to draw up a statement of claim that meets the requirements of the civil procedural legislation of the Russian Federation, prepare an evidence base, and argue your position during the trial. The Naberezhnye-Chelny city trade union organization of education workers provides qualified assistance to trade union members when applying to the courts, legal assistance in drawing up claims, preparing documents for trials, and providing representation in courts.

Legal consultant of the Naberezhnye-Chelny city trade union organization since 01/14/2014. to 08/29/2014 Assistance was provided in drawing up 8 claims for the appointment of an early retirement pension, of which 5 were fully satisfied, 3 are pending in court. Statements of claim for the appointment of an early retirement pension in old age were drawn up for the teacher of the Tatar language and literature of MBDOU "Secondary School No. 15" Akhmetgalieva L .M., teacher of the Tatar language and literature MBDOU "Secondary School No. 27" Khirazova E.S., teacher MBDOU "Preschool Educational Institution No. 76" Grigorieva L.A., primary school teacher MAOU "Secondary School No. 17" Kiryanova S.A., teacher English language municipal educational institution "Gymnasium No. 26" Salakhova S.M. All claims for the assignment of an old-age labor pension were considered by the Naberezhnye Chelny City Court in favor of teaching staff. 2 cases were considered with the participation of a legal adviser at a court hearing of the Naberezhnye Chelny City Court and in the Supreme Court of the Republic of Tatarstan (a decision was made in favor of the plaintiff). Trade union members are also provided with free legal assistance in various matters. 152 trade union members were received at a personal reception. For each request, employees are promptly provided with assistance and legal information.

The Naberezhnye-Chelny City Trade Union Organization of Education Workers is still ready to provide legal assistance to employees of educational organizations in the future.

If you have any questions, please contact the legal adviser of the Naberezhnye-Chelny city trade union organization of education workers, Almira Rafaelova Sayakhova, by phone: 59-36-92

From work practice

The most important place in the human rights activities of the Naberezhnye-Chelny City Trade Union Organization of Education Workers is the prevention of offenses in the implementation of labor legislation, the provision of free legal assistance, clarification of labor legislation, trade unions, interaction with executive authorities performing functions of legal regulation in the field of labor and education, as well as those authorized to carry out state control and supervision in these areas, with the courts, prosecutors and justice authorities.

Education workers regularly turn to the SPO legal service for help. The most common issues are the pension fund’s refusal to grant an early retirement pension in connection with teaching activities. The main reasons for refusal to grant a pension are:

Failure to include the period of being on parental leave since 1992, lack of accumulated 25 years of experience;

Inconsistency between the name of the educational institution and the position of the employee in the “List of Names of Positions and Institutions.”

Most often, the decisions of the UPF of the Russian Federation in Nab. Chelny are considered by the judicial authorities of both the first and higher instances to be unlawful. So, for example, May 17, 2012. The judicial panel for civil cases of the Supreme Court of the Republic of Tajikistan considered in open court a civil case on the claim of the teacher of preschool educational institution No. 18 Chekalova T.V. Chekalova T.V. filed a lawsuit against the UPF of the Russian Federation in the city of Naberezhnye Chelny for recognition of the right to an early retirement pension. Periods of maternity leave after October 6, 1992 were not included in the length of service. The representative of the plaintiff in this case was the legal consultant of SPO educational institutions Khabibullina E.S. The court recognized the refusal of the UPF of the Russian Federation for the city of Naberezhnye Chelny as unfounded and satisfied the plaintiff’s claim.

The courts satisfy the claims of teaching staff holding positions as teachers of the Tatar language, periods of study, and “mother’s days.”

At this stage, work is underway to enroll the special experience of a teacher-psychologist in an educational institution, because The court does not count their work into the special length of service for assigning early pensions, with the exception of correctional educational institutions. Let's hope that court practice will be changed in favor of workers.

Seminar-meeting of legal labor inspectors of regional, territorial and local trade union organizations

From May 23 to 28, a seminar-meeting of legal labor inspectors of regional, territorial and local trade union organizations was held in Moscow on the topic “Main directions of human rights activities of trade union organizations in the context of the development of labor and educational legislation,” in which Rudakova N.M. took part. - Deputy Chairman, Legal Labor Inspector of the Council of Trade Union Organizations of Educational Institutions in Naberezhnye Chelny. The seminar was attended by: Merkulova Galina Ivanovna - Chairman of the Central Council of the Trade Union of Education Workers; Tipenko Natalya Grigorievna - Director of the Center for Universal Programs, Candidate of Economic Sciences "On the financial and economic aspects of the implementation of Federal Law No. 83-FZ dated May 8, 2010 in the field of education"; Igor Mikhailovich Remorenko - Deputy Minister of Education and Science of the Russian Federation "On the project of the Federal Law "On Education in the Russian Federation"; Natalya Nikitichna Kalinnikova - Deputy Head of the Department of Supervision and Control over Compliance with Labor Legislation; Alevtina Nikolaevna Mironova - Associate Professor of the Department of Labor Law, Honored Lawyer of the Russian Federation" On the peculiarities of the procedure for resolving labor disputes." The Chairman of the Trade Union of Public Education and Science Workers of the Russian Federation, Galina Ivanovna Merkulova, addressed the seminar participants with a welcoming speech. She especially noted the successes of regional and local trade union organizations in protecting the social and labor rights and professional interests of educators. At the end of the seminar, all participants were awarded certificates.

Thematic reviews of judicial practice on disputes in the field of education for 2013-2014

Review 7. Benefits and pensions for teaching staff

This review presents decisions of courts of general jurisdiction of a number of constituent entities of the Russian Federation on issues related to the social security of teaching staff, including benefits for utility bills, pensions, and rules for determining preferential length of service that gives the right to early assignment of an old-age pension.

Form and procedure for assigning utility benefits to teaching staff

Pension provision for teaching staff - inclusion of periods of work in preferential length of service

All decisions made during the period under review in the field of pension provision for teaching staff relate to the inclusion of controversial periods of work in the length of service that provides the basis for the appointment of an early old-age pension.

All disputes were resolved in favor of the teaching staff, with the exception of three cases. In the appeal ruling of the Altai Regional Court dated January 14, 2014 in case No. 33-89/2014 the court did not consider it possible to include a period of being on leave without pay into the special length of service that gives the right to an early retirement pension. As the court emphasized, this period is not subject to inclusion in the special length of service either under the current legislation or in accordance with the regulatory legal acts of the USSR in force at the time the plaintiff was granted leave without pay to care for a child.

Periods of work at the New Alternative School-Center "Luchik" and at the Autonomous Non-Profit Educational Organization "Training and Educational Center "Luchik" not included in the list of positions. Current legislation, taking into account changes in the requirements for the organizational and legal forms of educational institutions (organizations), is not connects the possibility of realizing the rights, social guarantees and benefits of teaching staff only with such organizational and legal forms; pensions for teaching staff should be assigned depending on the type of activity they carry out, and not solely on the legal status and name of the institution or organization with which they were employed; relations; the basis for the application of preferential calculation of length of service is the nature and specificity of labor activity, the implementation of certain labor functions, in this case the functional responsibilities of a teaching worker, taking into account the goals, objectives and areas of activity of the institutions and organizations in which they worked (Appeal ruling of the Moscow City Court). dated September 12, 2013 in case No. 11-27996);

Periods of study leave (Appeal ruling of the Yaroslavl Regional Court dated May 12, 2014 in case No. 33-2705/2014);

The period of work as a physical education teacher in the educational center with in-depth study of foreign languages ​​“Kindergarten-school”. The court decided to include the specified periods in the length of service, since the applicant carried out labor activities in the position provided for in the list, full-time, full-time, with a full workload, while his work took place in a general educational institution for children - a school, and the institution , in which the plaintiff worked during the disputed period of time, during its activities it implemented programs of a general education institution, acted on the basis of the Law of the Russian Federation “On Education”, that is, the plaintiff, being a teacher (teacher), actually carried out pedagogical activities in a general education institution (Appeal Determination of the Moscow City Court dated January 10, 2014 No. 33-291/2014);

The period of work as a primary school teacher in a school complex and as a primary school teacher in an education center. The court came to the conclusion that the specified periods of her work were included in the calculation of the plaintiff’s special experience, since from the presented documents it is clear that the institution in which the plaintiff worked during the disputed periods of time, in its activities, implemented general education programs, acted on the basis of the law on education, had the appropriate license, while during the disputed periods of time, the plaintiff worked full-time, full-time and full-time, that is, she carried out teaching activities in the institution and in the positions provided for in the relevant List (Appeal ruling of the Moscow City Court dated April 10, 2014 No. No. 33-11618/2014);

The period of work as a teacher of additional education in the center for children and youth creativity. While securing the rights, social guarantees and benefits of employees of educational institutions, the law does not link the possibility of their implementation with the organizational and legal forms of educational institutions. The approved List contains additional education institutions of all types, including centers for children and youth creativity, as well as the position of “additional education teacher.” The defendant’s arguments that the name of the institution includes the addition “and leisure”, which goes beyond the names of educational institutions, the court considered untenable, indicating a formal approach (Appeal ruling of the Sverdlovsk Regional Court dated April 15, 2014 in case No. 33-4341 /2014);

The period of work as an environmental educator. During the disputed period, the plaintiff carried out teaching activities, that is, she performed work directly related to raising children, carrying out the educational process full-time, had the same workload as educators (36 hours a week), performed the functional duties of an educator, and improved her qualifications . These circumstances allowed the court to come to the conclusion that, due to the nature and conditions of the work performed during the disputed period, the plaintiff performed the duties of a teacher, whose position is provided for in the above List (

Hello Dmitry.

Indeed, based on judicial practice, the period since November 1999 in connection with the entry into force of Decree of the Government of the Russian Federation of September 22, 1999 No. 1067 On approval of the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, as well as the Rules for calculating length of service for the appointment of a pension for long service in connection with teaching activities in schools and other institutions for children " - List and Rules, in accordance with paragraph 3 of length of service for the appointment of early pensions are counted for periods of work before November 1, 1999 according to the List, approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463 , and after this date in accordance with the List and Rules.

Since 2002, the specified List and Rules have been canceled according to the Decree of the Government of the Russian Federation dated October 29, 2002 N 781.

Meanwhile, they are used in determining the right to include in the special length of service periods of work falling within the period of validity of these List and Rules.

So, according to the List and Rules of September 22, 1999 No. 1067, work as directors of institutions for children, including children’s and youth sports schools, is not counted towards length of service.

Regardless of teaching work, length of service includes work as:
directors (chiefs, managers) of orphanages, sanatorium orphanages and special (correctional) orphanages for children with developmental disabilities;
deputy directors (chiefs, managers) for educational, educational, educational, production, educational and other work related to the educational process, institutions specified in paragraphs 1-7, 9, 10 of the List.
Serving as Directors(chiefs, managers), deputy directors (chiefs, managers) of institutions, specified in other items of the List are not counted towards length of service.

Those. the position of director of a youth sports school does not fall under those points that fall under the inclusion of periods of their work in special experience after November 1, 1999, but the period before November 1, 1999 was included, since before the adoption of these List and Rules, the provisions in force before them this was provided for, which was also reflected:

3. Establish that length of service giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, periods of work before November 1, 1999 are counted in accordance with with a List of professions and positions of public education workers, whose teaching activities in schools and other institutions for children entitle them to a pension for long service according to the rules of Article 80 of the RSFSR Law “On State Pensions in the RSFSR”, approved by a resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N 463, and periods of work after this date - in accordance with the List and Rules approved by paragraph 1 of this resolution.
http://docs.cntd.ru/document/1...

Moreover, these provisions have already been the subject of proceedings by the Constitutional Court of the Russian Federation, as reflected in the ruling dated April 15, 2008 No. 235-О-О, full text at the link: http://legalacts.ru/doc/oprede...

By which the Constitutional Court of the Russian Federation also determined that:

On November 1, 1999, Decree of the Government of the Russian Federation of September 22, 1999 N 1067 “On approval of the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the length of service for assigning a pension for length of service in connection with teaching activities in schools and other institutions for children,” according to paragraph 3 of which, periods of work before November 1, 1999 were counted in the length of service giving the right to the specified pension in accordance with with the List approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N 463, and periods of work after this date - in accordance with the approved new List and Rules, in paragraph 2 of which it was stipulated that work as directors (chiefs, managers), Deputy directors (chiefs, heads) of a number of institutions for children, including children's and youth sports schools, are not counted in their length of service.

These regulations, in fact, are reflected in subparagraph “c” of paragraph 8 of the Rules, according to which work in the position of director of a children’s and youth sports school (paragraph 2 of the section “Name of institutions”) is counted towards the length of service for the period before November 1, 1999.

By the definition of the Constitutional Court of the Russian Federation of October 20, 2005 N 392-O, such legal regulation in relation to preferential pension provision for heads of preschool institutions, as well as the preservation of their right to include in the special length of service time worked in these positions for the period when the legislation provided for them long service credit, recognized as not violating constitutional requirements and consistent with the legal position of the Constitutional Court of the Russian Federation , expressed by him in Resolution No. 8-P of May 24, 2001.

This legal position is fully applicable to directors of children's and youth sports schools, who are in a similar legal position.

That is, as can be seen from the given references to normative legal acts, as well as the determination of the Constitutional Court of the Russian Federation, both the position of the bodies of the Pension Fund of the Russian Federation and the courts considering these disputes agree that the period of work in this type of institutions in positions Directors are taken into account and included in special seniority only until November 1, 1999.

The same position is reflected in the Resolution of the Government of the Russian Federation dated October 29, 2002 N 781, in force from 2002 to the present, according to which:

8. In length of service counts:

2. Director (chief, manager)

2. Institutions for additional education for children

children's and youth

c) work as a director (chief, manager), deputy director (chief, manager) of institutions, specified in paragraphs 1.8, 1.12 and 2 section “Name of institutions” list for the period before November 1, 1999.

For this reason, there are simply no other grounds for satisfying such demands, which means, in my opinion, further proceedings on this matter will be futile.