The first thing to understand is what is preferential service? Preferential seniority is a kind of guarantee received by people who worked in special conditions (for example, such as hazardous industries) and retired early.

According to Law of the Russian Federation No. 173, the following categories of citizens can receive preferential service: women who have given birth to more than five children, as well as disabled children, underground rock workers, teachers, disabled people, rescuers, firefighters, military personnel, and people working in hazardous and harmful conditions.

What is included?

In accordance with Resolution No. 516 dated July 11, 2002, approved on the rules of working periods, benefits include:

1. main and additional vacation periods;
2. temporary disability;
3. direct work;
4. probationary period (regardless of whether the employee passed it or not);
5. maternity leave.

Excluded:

• Time off to take exams.
• Leave without pay.
• Incapacity of a citizen due to untimely completion of a medical examination, drunk appearance, or medical contraindications for performing certain types of work.

List 1 and 2: list of professions

Based on the document “On approval of lists of production, work, professions, positions and indicators giving the right to preferential pension provision (as amended as of October 2, 1991)” the list of jobs providing preferential seniority is divided into 2 lists.

Special length of service for assigning a pension according to List 1, it includes jobs and positions with particularly harmful and difficult working conditions. These include:

List 2 includes such professions as:

Attention! This is not the entire list of professions that are eligible for early retirement.

Entitled payments

According to the Federal Law on Labor Pensions No. 173, work experience under List 2 for retirement (incomplete preferential service) is provided to those who have worked at least half of the required period (men - 6.3 years, women - 5 years).
The pension is assigned as follows: for men with a reduction in the general retirement age by one year for every 2 years and 6 months of such work, and for women for every 2 years of such work.

Subsidies for masons

Many employees of construction companies, in particular masons, are interested in whether a preferential pension is possible for them. Yes it is possible.

According to List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, the right to a pension on preferential terms is granted to masons who constantly work in brigades of masons and in specialized units of masons of complex brigades.

How long do you need to work to receive benefits?

To receive a preferential pension, 25 years of work experience for men and 20 years for women is required.. For 2017, the pension coefficient is 11.5 and amounts to 78.28 rubles, and the amount of payments is 4801.11 rubles.

Calculation

You can calculate your preferential retirement period yourself.

There is a formula for this - SP = IPC x SIPC x K + FV x K, Where:

• SP - pension amount;
• IPC - individual pensioner coefficient (IPC), depending on salary;
• SIPC - the cost of the IPK, which is 78.28 rubles and changes annually;
• K - bonus coefficients;
• FV is a fixed payment, which is 4805.11 rubles.

The IPC is calculated using the formula - IPC = SV / SVmax x 10, Where:

1. SV – insurance premiums transferred by the employer for the year;
2. СВmax – 16% of the maximum base for calculating contributions (changes annually).

To summarize, we can conclude that you can safely count on early retirement if you work in special conditions. For more detailed clarification, you can contact the Pension Fund at your place of residence, taking with you all the necessary documents (passport, work book, pension insurance certificate, certificates from the place of work, military ID).

In 1985-1995, the citizen worked as a foreman in the capital construction department (CCD) of the enterprise, in which, along with the construction of new buildings, repair work and reconstruction of buildings were carried out. Will the specified work be counted towards the length of service for the purpose of early retirement according to List No. 2?

The position of “work performer” (“foreman”) is provided for in paragraph “b” of section XXVII of List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991. In accordance with this section, the preferential length of service for the early assignment of a pension includes work as foreman in construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects.

It does not matter in which organization this work was performed. Enterprises may have construction or repair and construction workshops and areas, both independent and as part of departments and departments of capital construction (OKSov and UKSov), performing work on new construction, as well as on the repair of buildings. Employees of such units in the relevant positions and professions specified in section XXVII of List No. 2 are granted an early pension regardless of what kind of work they perform (new construction or repair work).

Based on this, work as an OKS foreman can be included in the special work experience according to List No. 2 on the basis of an entry in the work book or a certificate from the employer (or archival organization) issued on the basis of relevant documents confirming the specified work.

A citizen works in a construction organization as a mason. Under what conditions can the specified work be counted toward the length of service for the purpose of early retirement according to List No. 2?

The profession “bricklayer” is provided for in the section “Construction, reconstruction, technical re-equipment, restoration and repair of buildings, structures and other objects” of List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991. At the same time, the right to early pension provision is not granted to all “masons”, but only to those who constantly work: in teams of masons or in a specialized link of masons of complex teams.

The main document confirming such work in a construction organization is an order to create a particular team, because it indicates the list of workers by profession. When determining the right to an early insurance pension, masons of complex teams (which employ workers of various professions, for example, masons, concrete workers, plasterers, carpenters) need documentary evidence of the presence of specialized mason units in them. Sometimes information that the applicant worked in a team of masons is available in the work book. In this case, there is no need to additionally submit a certificate clarifying the special nature of the work.

Periods of work after the date of registration as an insured person in the compulsory pension insurance system are confirmed by information on the individual personal account of the insured person, containing the corresponding preferential work code.

In accordance with Part 6 of Article 30 of the Federal Law “On Insurance Pensions”, the periods of work provided for in paragraph 2 of Part 1 of this article (in accordance with which an early insurance pension is assigned according to List No. 2), which took place after January 1, 2013, are counted towards the length of service for relevant types of work, subject to the accrual and payment by the insured of additional insurance premiums at the appropriate rates established by Article 58.3 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Mandatory Fund health insurance." At the same time, starting from 01/01/2014, the appointment of an early old-age insurance pension established by the said paragraph is carried out if the class of working conditions in the workplace for the work specified in paragraph 2 of part 1 of Article 30 of the Law “On Insurance Pensions” complies harmful or dangerous class of working conditions established based on the results of a special assessment of working conditions on the basis of Federal Law dated December 28, 2013 No. 426-FZ “On special assessment of working conditions.”

Appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated October 4, 2012 No. 11-6264

Judicial panel for civil cases of the Moscow City Court consisting of:

presiding Klimova S.V. and judges Pilganova V.M., Semchenko A.V.,

under secretary Tunina E.P.,

having heard in open court the report of judge S.V. Klimova. case on the appeal of the GU-GU PFR No. 9 for the city of Moscow and the Moscow region against the decision of the Khoroshevsky District Court of the city of Moscow dated March 2, 2012, which decided:

oblige GU-GU PFR No. 9 for Moscow and the Moscow region to include N.V. Usanova in the special work experience. periods of work: from November 21, 1983 to November 27, 1983, from December 1, 1983 to August 9, 1985, from August 22, 1985 to August 6, 1989, from September 9, 1989 to June 10, 1990, from June 28. 1990 to 07/31/1990, from 10/01/1990 to 01/10/1991, from 01/12/1991 to 02/11/1991, from 02/13/1991 to 03/10/1991, from 03/31/1991 to 06/06/19 91 years, from 06/30/1991 to 07/08/1991, from 09/29/1991 to 01/09/1993, from 01/16/1993 to 10/10/1993, from 10/30/1993 to 01/10/1994, from 01/29/1994 to 02/28/1994, from 04/27/1994 to 05/03/1994, from 05/29/1995 to 07/12/1995, from 07/28/1995 to 03/25/1996, from 03/26/1996 to 03/25/1997 mason in SU No. 76 of the Mosstroy-16 trust and assign an early retirement pension from February 17, 2011, established:

11/21/2011 Usanova N.V. filed a lawsuit against the State Institution - the Main Directorate of the Pension Fund of the Russian Federation No. 9 for Moscow and the Moscow Region (hereinafter - GU-GU PFR No. 9 for Moscow and the Moscow Region), in which, taking into account the clarifications to the claim (ld.d 110) asked to recognize the decision of April 28, 2011 No. 376 on the refusal to grant an early labor pension as illegal, to oblige the defendant to include in the special length of service for the assignment of an early old-age labor pension the periods of her work as a bricklayer in SU No. 76 of the Mosstroy-16 trust from 21.11. .1983 to 11/27/1983, from 12/01/1983 to 08/09/1985, from 08/22/1985 to 08/06/1989, from 09/09/1989 to 06/10/1990, from 06/28/1990 to 07/31. 1990, from 01.10.1990 to 10.01.1991, from 12.01.1991 to 11.02.1991, from 13.02.1991 to 10.03.1991, from 31.03.1991 to 06.06.1991, from 30.06. 1991 to 07/08/1991, from 09/29/1991 to 01/09/1993, from 01/16/1993 to 10/10/1993, from 10/30/1993 to 01/10/1994, from 01/29/1994 to 02/28/19 94 years, from 04/27/1994 to 05/03/1994, from 05/29/1995 to 07/12/1995, from 07/28/1995 to 03/25/1996, from 03/26/1996 to 03/25/1997 and assign her a labor pension for old age based on paragraphs. 2 p. 1 art. 27 of Federal Law N 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” from February 17, 2011, motivating the appeal by the fact that there were no grounds for refusing to assign a pension, and the special work experience was confirmed by the necessary evidence.

At the court hearing, the plaintiff and her representative supported the claims.

The defendant's representative objected to the satisfaction of the requirements.

The representative of the third party, JSC Mospromstroy, did not appear at the court hearing.

On 03/02/2012 the court made the above decision, the cancellation of which is requested by the defendant GU-GU PFR No. 9 for Moscow and the Moscow Region based on the arguments of the appeal signed by the representative by proxy Yu.V. Chumarina.

The defendant of GU-GU PFR No. 9 for Moscow and the Moscow region did not appear at the meeting of the judicial panel; the time and place of consideration of the case was notified in a timely manner on July 23, 2012 by a summons received by the representative by proxy N.B. Shleenkova. (case file 132), asked for the case to be considered in the absence of his representative (case file 128); plaintiff Usanova N.V. her representative by power of attorney Silyanova Y.V. and a representative of a third party, JSC Mospromstroy, by proxy, Litovtsev A.V. They appeared at the court hearing and objected to the satisfaction of the complaint.

Having discussed the arguments of the appeal, listened to the persons who appeared at the court hearing, and examined the materials of the case, the judicial panel finds no grounds for canceling or changing the court's decision.

As established by the court and follows from the case materials, Usanova N.V., ... year of birth, 02/11/2011, applied to the pension department "Shchukino" of Directorate No. 1 of the State Pension Fund of the Russian Federation No. 9 for Moscow and the Moscow region with an application for appointment she receives an early retirement pension in connection with work under difficult working conditions according to List No. 2.

By decision of the State Administration of the Pension Fund of the Russian Federation No. 9 for Moscow and the Moscow Region No. 376 dated April 28, 2011, in the appointment of an early retirement pension in old age to Usanova N.V. denied due to the lack of the necessary length of service giving the right to an early retirement pension in old age, since the plaintiff’s work as a mason in SU No. 76 of the Mosstroy trust in the period from November 21, 1983 to March 25, 1997 was not confirmed by documents indicating permanent employment as a mason working in brigades of masons or in specialized units of masons of complex brigades.

In accordance with sub. 2 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation", an old-age labor pension is assigned before reaching the age established by Article 7 of the Federal Law "On Labor Pensions in the Russian Federation" to women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 10 years and have an insurance record of at least 20 years. If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them for women with a reduction in the age provided for in Article 7 of the Federal Law "On Labor Pensions in the Russian Federation" by one year for every 2 years of such work.

In accordance with sub. "b" clause 1 of Government Resolution No. 537 of July 18, 2002, when early assignment of old-age labor pension to workers engaged in work with difficult working conditions, List No. 2 of productions, works, professions, positions and indicators with harmful and difficult working conditions is applied , approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991. At the same time, the time of work performed before January 1, 1992, provided for in List No. 2 of productions, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts , approved by Resolution of the Council of Ministers of the USSR dated August 22, 1956 N 1173 (with subsequent additions), is counted towards the length of service giving the right to early assignment of an old-age pension, along with the work provided for in the List specified in paragraph one of this subclause.

List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, established the right to preferential pension provision for masons who constantly work in brigades of masons and in specialized units of masons of complex brigades (section XXVII "Construction, reconstruction, technical re-equipment, restoration and repair buildings and structures and other objects" (code 2290000a-12680).

As established by the court and follows from N.V. Usanova’s work book, on 04/20/1983 she was hired at SU No. 76 of the Mosstroy-16 trust of Glavmospromstroi (from 03/12/1991 - SPU No. 76 of Mosstroy-16 JSC Mopromstroy , from 02/06/1998 - JSC "Mospromstroy") auxiliary mason of the 2nd category, from 11/21/1983 Usanova N.V. assigned the 3rd category of bricklayer, from 05/04/1994 - the 4th category of bricklayer and transferred to a dispatch technician, on 05/29/1995 transferred to the 4th category bricklayer, from 05/26/1997 transferred to the position of communication operator of a construction site and dismissed on 10/20/2003 clause 3 art. 77 of the Labor Code of the Russian Federation.

The case materials include orders under SU No. 76 of the Mosstroy-16 trust, and certificates from Mospromstroy JSC, from which it follows that to carry out work at the facilities, the organization created complex teams, which included workers of all specialties to carry out underground and ground parts of the facility with its full preparation for special work, consisting, among other things, of assemblers for the installation of steel and reinforced concrete structures, electric and gas welders, carpenters, carpenters, concrete workers and masonry teams who performed work according to the technological map for external brickwork walls

A certificate from JSC Mospromstroy confirms that Usanova N.V. during controversial periods, she worked on the construction of new industrial and cultural facilities full time, in a full work week, without combining professions, with the exception of periods of vacation without pay.

Also, according to the certificate of the joint archive of Mospromstroy JSC, the orders on personnel do not contain information on the creation of brigades of masons or specialized units of masons of complex brigades with a payroll, however, in the documents there are orders proving that such brigades existed, which is also indicated in the extract from supervisory affairs of the branch "Firm "Mosstroy-16" JSC "Mospromstroy".

In paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 N 25 “On some issues that arose in the courts when considering cases related to the implementation of the rights of citizens to labor pensions” it is explained that if a citizen disagrees with the refusal of the pension authority to include in a special length of service, taking into account which an old-age labor pension can be assigned before reaching the age established by Article 7 of the Federal Law “On Labor Pensions in the Russian Federation” (clauses 7-13, clause 1, article 28 of the said Law), the period of its work, subject, in the opinion of the plaintiff, to be included in the special work experience, it is necessary to take into account that the question of the type (type) of the 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 assignment of an 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, and also areas of activity of institutions, organizations in which he worked, etc.).

Resolving the stated requirements, taking into account the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 of December 20, 2005, giving a cumulative assessment of the evidence presented, the court came to the correct conclusion that N.V. Usanova, working as a bricklayer, was engaged in work that was provided for by the relevant Lists code 2290000a-12680, and rightfully included the disputed periods of work in the plaintiff’s special work experience.

Since the inclusion of the disputed periods of work of the plaintiff from 11/21/1983 to 11/27/1983, from 12/01/1983 to 08/09/1985, from 08/22/1985 to 08/06/1989, from 09/09/1989 to 06/10/1990, from 06/28/1990 07/31/1990 , from 01.10.1990 to 10.01.1991, from 12.01.1991 to 11.02.1991, from 13.02.1991 to 10.03.1991, from 31.03.1991 to 06.06.1991, from 30.06.1991 to 08.07.19 91, from 09.29.1991 to 01/09/1993, from 01/16/1993 to 10/10/1993, from 10/30/1993 to 01/10/1994, from 01/29/1994 to 02/28/1994, from 04/27/1994 to 05/03/1994, from 05/29/199 5 to 07/12/1995, from 07/28/1995 to 03/25/1996, from 03/26/1996 to 03/25/1997 (11 years 01 month and 22 days) constitutes the required duration of special service, entitling the plaintiff to an early retirement pension in old age, and also taking into account compliance with other conditions provided for subp. 2 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” on the plaintiff’s reaching age and having insurance experience, the court reasonably ordered the GU-GU PFR N 9 for Moscow and the Moscow Region to appoint Usanova N.V. old-age labor pension upon reaching the age of 50, i.e. from 02/17/2011.

In the appeal, the defendant points out that the plaintiff’s permanent employment in teams of masons or specialized units of complex teams is not documented, since there are no orders for the creation of such teams and units and for the inclusion of the plaintiff in them.

These arguments of the defendant are untenable, since they are based on incorrect application and interpretation of the current pension legislation and a different assessment of evidence of the nature of the plaintiff’s work, and do not refute the court’s conclusions about the plaintiff’s right to be granted an early retirement pension, taking into account the nature of the work performed.

The court verified all the circumstances of the case with sufficient completeness; the court's conclusions correspond to the evidence collected in the case and the requirements of the law. There were no violations by the court of the norms of substantive and procedural law that entailed the cancellation of the court decision; there were no grounds for canceling or changing the court decision based on the arguments of the appeal.

Based on the above, guided by Art. Art. 328, 329 of the Code of Civil Procedure of the Russian Federation, the judicial panel determined:

The decision of the Khoroshevsky District Court of Moscow dated March 2, 2012 is left unchanged, the appeal of the GU-GU PFR No. 9 for Moscow and the Moscow Region is not satisfied.

Bricklayer is a profession that, from the point of view of the state, is quite difficult. Therefore, masons working in teams are included in the so-called “second list”, which gives the right to retire early, having developed a certain total length of service and experience in the profession.

For masons, the retirement age is reduced by 5 years. That is, a male bricklayer can prepare documents for the Pension Fund of Russia to apply for a pension before his 55th birthday. Based on the same List No. 2, which includes a list of professions that give the right to early retirement, the following can be noted:

Grounds for granting early retirement to masons

So, the total work experience of a bricklayer should be 25 years. We are considering exactly the length of service that is established for men. Still, there are not so many women masons, if there are any. Again, a male bricklayer must work in his profession for 12.5 years. If this could not be done, then at 55 he will not retire. But, theoretically, it can turn out, for example, at 57. If a citizen has worked in his profession for 6.5 years, then for every 2.5 years of continuous work his retirement age is reduced by 1 year. Work as a bricklayer must appear in the documents as permanent. By this we mean the following: 80% of the working time should be devoted to working with stone.

Reasons for refusal to grant early pensions to masons

List No. 2, which is sanctioned by the state, contains a large list of professions that give. All these professions are different, each of them has its own specifics. But denials of early retirement to representatives of all these professions, as a rule, have the same reasons. Among them there may be errors in the documents with which the person is trying to confirm his experience and profession; or lack of documents confirming experience and profession.

The Pension Fund authorities will issue a bricklayer in Moscow and other populated areas if the employer company no longer exists in nature, and the documents, relevant for the second reason, are not preserved in the archives. If the employer continues its activities or has ceased operations, but has transferred all properly executed documents to the archive, then the situation can be resolved quickly and without unnecessary disputes.

If there are no documents, or there are, but it is not possible to correct the inaccuracies, then you will have to go to court. Example: it happens that the documents issued by the employer indicate that the person has been sent to work in a team of masons. It would seem that everything is clear - the right to early retirement, subject to the development of length of service, exists. But it is not always clear what functions the employee performed in this team. Perhaps he was a cook or another specialist not related to working with stone.

Appealing a refusal to grant an early pension in court

Pension fund refusals are appealed in district courts. To do this you need to submit. The claim must reflect a fairly large amount of information: about the court to which the application is being filed; about the plaintiff and defendant; about the actual circumstances of the case; about what legal norms govern the controversial issue.

- Naturally, it is necessary to try to collect the maximum amount of evidence in the case, to find witnesses - from among former colleagues. A qualified lawyer specializing in pension disputes can most successfully handle this type of work. Such lawyers have impressive experience and know judicial practice in the described category of cases. Therefore, a lawyer can actually help solve the problem.

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