Features of pension provision for teaching staff.

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Introduction

3. Registration of early pension and necessary documents

Conclusion

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Bibliography

A feature of pension legislation is that in order to correctly resolve issues regarding preferential pension provision, it is necessary to have not only legal knowledge (to be well versed in the legislation), but also technological knowledge (to know production technology, employee tariffs, etc.). The practice of applying legislation on preferential pension provision shows that preferential pensions in most cases are assigned regardless of the actual working conditions in the workplace, hence up to 30% of workers who are covered by pension benefits work in normal working conditions. Even more pensioners, after receiving such pensions, continue to work at their jobs. This indicates that the preferential pension system does not fully compensate for possible loss of ability to work and requires radical improvement.

The correct application of legislation on preferential pension provision depends, first of all, on the level of theoretical and practical training of employees of enterprises (organizations), bodies involved in the assignment of pensions, and state examination bodies of working conditions, therefore, issues of improving their qualifications and training in the rules for applying the Lists in practice should be constantly in the field of view of these enterprises and organizations.

1. Preferential pension system of the Russian Federation

The essence of preferential pension provision is to reduce the age (by 5 or 10 years, and for some categories of workers the pension is assigned without age, depending on the special length of service) of old-age pension for workers who have worked for a certain time in jobs with harmful and difficult working conditions and thereby exposing themselves to the risk of professional disability. Among the benefits and compensation provided for working under harmful and difficult working conditions (additional leave, shortened working hours, special meals, etc.), preferential pension provision is the most significant, since a preferential pension, unlike other benefits and compensation, is provided both during the period of work and and after leaving it and is paid for life. All this predetermines a special interest in preferential pension provision for workers and entrepreneurs and the state, which ensures the functioning of the entire preferential pension provision system by improving pension legislation.

Preferential pension provision in the Russian Federation is regulated by the Law of the Russian Federation of November 20, 1990 No. 340–1 “On State Pensions in the Russian Federation”, according to which an old-age pension is assigned in connection with special working conditions (Article 12) and a long-service pension years (Articles 78, 78.1, 78.2).

The circle of persons who are provided with pension benefits is mainly determined by the Lists of relevant jobs (professions and positions) approved by the Cabinet of Ministers of the USSR and the Government of the Russian Federation. The largest number of recipients of preferential pensions (about 80%) are contained in Lists No. 1 and 2 of industries, works, professions, positions and indicators that give the right to preferential pensions, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10, which in accordance with Resolution of the Council of Ministers of the RSFSR dated October 2, 1991 No. 517 on the territory of the Russian Federation are applied in full with additions and amendments.

In the practice of applying legislation on preferential pension provision, many difficulties arise due to existing inconsistencies in the lists, the variety of names of professions and positions, as well as the large number of industries contained in them. Difficulties are also caused by the fact that the work on organizing preferential pension provision at some enterprises (organizations) is at an insufficient level. This is a very important point, since work to determine the right to pension benefits of workers begins at enterprises (organizations). If the employee is correctly nominated for an early pension, then the law will not be violated when assigning and paying him a pension.

2. Early pension for employees of educational institutions

The early provision of an old-age labor pension to persons who carried out teaching activities in state and municipal institutions for children is understood as a monthly cash payment established for teaching workers in accordance with paragraphs. 10 p. 1 art. 28 of the Federal Law “On Labor Pensions of the Russian Federation” for the purpose of their material support.

An early labor pension in connection with teaching activities is established for persons who have carried out teaching activities in state and municipal institutions for children for at least 25 years, regardless of age.
For pension provision in this category, Decree of the Government of the Russian Federation No. 781 dated October 29, 2002 approved the List of positions and institutions in which work gives the right to an early retirement pension and the Rules for calculating the length of service giving the right to an early retirement pension.

The specified List contains an exhaustive list of positions and institutions, work in which is counted as length of service in the relevant types of work, and the ideology of its application is based on the exact correspondence of the names of positions and institutions in which the work took place, with the names of positions and institutions provided for in the List.

When working in an institution whose name is not provided for in the List, the period of work is not counted towards the length of service for the purpose of granting an early retirement pension. For example, such institutions as a children's factory or complex are not included in the List; therefore, work in such an institution is not counted toward the length of service in the relevant types of work.

The list includes the following positions: director (chief, manager), deputy director (provided that his activities are related to the educational process), head of the educational department, teacher, incl. senior, teacher, incl. senior, teacher-methodologist, organizer of extracurricular and out-of-school educational work with children, master of industrial training, teacher, speech therapist, speech therapist, teacher-defectologist, head of physical education, music director, social teacher, educational psychologist, educator, nursery teacher and other positions.

Periods of work in positions not provided for in the List or having any deviations in their names are not counted towards length of service in the corresponding types of work. For example, work in the positions of pioneer leader, methodologist, psychologist, circle leader, sister-educator, etc. does not count towards the assignment of an early retirement pension in old age.

When determining the right to early assignment of an old-age labor pension, work in certain positions is counted depending on the time of its completion. Thus, work in the positions of teacher-methodologist, organizer of extracurricular and out-of-school educational work with children is counted only for periods before November 1, 1999; in the positions of teacher, teacher-educator, nursery nurse - for periods before 01/01/1992.

Heads of preschool institutions (kindergartens, nursery schools, nurseries, child development centers - kindergartens) and their deputies have not been entitled to an early retirement pension since November 1, 1999. Experience in the specified institutions and positions is counted only until 01.11.1999.

Work in the positions of a social teacher, educational psychologist, and labor instructor is counted as length of service in the relevant types of work according to the List dated October 29, 2002, but not in all institutions provided for in the Lists, but only in social and correctional institutions.
According to the general rule for calculating special length of service, periods of work performed before 09/01/2000 in positions in institutions provided for in the list are counted towards the length of service, regardless of the conditions for fulfilling the standard working hours (teaching or educational load) during these periods, and starting from 09/01/2000 – subject to fulfillment (in total for the main and other places of work) of the standard working time (teaching or educational load) established for the wage rate (official salary), with the exception of the position of music director, whose work requires confirmation of fulfillment of the established standard of working time for the entire period of activity in this position.

An exception to the established rule is primary school teachers of general education institutions and teachers of general education schools located in rural areas. Confirmation of compliance with working hours is not required for them. Also, regardless of the fulfillment of working hours and teaching work, work in the position of deputy director for educational, educational, educational, educational and production work directly related to the educational (educational) process is counted as length of service. On the contrary, for deputy managers for scientific and methodological work, additional confirmation of direct employment with the educational (educational) process is required.

Separate rules regarding the conduct of teaching work are established for heads of individual institutions (for example, for directors of general education institutions, general education boarding schools, special (correctional) educational institutions, etc.). Starting from 09/01/2000, in order to count the period of work as the head of an institution into the length of service, it is necessary to complete the established amount of teaching work (from 240 hours to 360 hours per year). Teaching work can be carried out in one or several educational institutions.

In addition to educational, social and correctional institutions for children, the List contains institutions for additional education for children (out-of-school institutions), work in which also gives the right to early assignment of an old-age labor pension. Such institutions include, for example, a children's art school, children's and youth sports schools, specialized children's and youth sports schools of the Olympic reserve, a palace of pioneers and schoolchildren, a children's creativity center, etc.

Additional conditions have been established for employees of these institutions. Periods of work in institutions of additional education from 01/01/2001 are counted towards the length of service for the assignment of an early retirement pension if, as of 01/01/2001, there is at least 16 years 08 months of work experience in positions and institutions provided for in the List and at the same time the fact of work during the period from 01/01/2001 01.11.1999 to 31.12.2000 in relevant positions in institutions of further education. In the absence of one of the listed conditions, work in institutions of additional education for children from 01/01/2001 is not counted.

In connection with the adoption of the resolution of the Constitutional Court of the Russian Federation of January 29, 2004 No. 2-P, when determining the right to an early retirement pension, the norms of previously existing legislation are applied: The list of professions and positions of educators, teaching activities in schools and other institutions for children gives the right to a pension for length of service, approved by Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 No. 463; A list of positions and institutions in which work is counted towards 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 Rules for calculating the length of service for assigning a pension for long service, approved by the Decree of the Government of the Russian Federation dated 09/22/1999 No. 1067.

The specified procedure for applying legislation is limited by the time frame of validity of the relevant regulations (until November 1, 1999, Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463 is applied, from November 1, 1999 to November 12, 2002 - Resolution of the Government of the Russian Federation dated September 22, 1999 No. 1067, from November 12, 2002 .2002 – Decree of the Government of the Russian Federation dated October 29, 2002 No. 781).

In accordance with current legislation, along with periods of work, special length of service includes periods of receiving state social insurance benefits during a period of temporary disability, as well as periods of annual basic and additional paid leave. Maternity leave is not excluded from the length of teaching experience.

The current legislation does not provide for inclusion in the special length of service of periods when a woman is on maternity leave for up to 3 years.

The issue of counting into special service the periods when a woman is on maternity leave can be considered within the framework of the application of the decisions of the Constitutional Court of the Russian Federation dated January 29, 2004 No. 2-P, i.e. taking into account previously existing legislation, according to which the period of time a woman was on maternity leave, granted in the period before 10/06/1992, until the child turns 1.5 years old, is counted in the teaching experience.

Their social guarantees and benefits 1. Employees of educational institutions have the right to participate in the management of an educational institution and to protect their professional honor and dignity. 2. A disciplinary investigation into violations by a teaching employee of an educational institution of the norms of professional conduct and (or) the charter of this educational institution may be carried out...

The work examined aspects of the legal regulation of various categories of state and municipal employees. As can be seen from the above, the system of legal regulation of the procedure for pension provision for state and municipal employees is complex. Thus, these relations are regulated not only by the rules of law included in the normative acts related to the branch of law...

For a more complete understanding of the modern pension system, its main features at the present stage will be discussed in the second chapter. Chapter 2. Modern pension provision in the Russian Federation Pension (from the Latin pensio - payment) is a regular and, as a rule, lifelong cash payment to disabled citizens from the state or other entities as the main...

Pedagogical activity is an activity that ensures the relationships that arise between people during the transfer of spiritual and practical experience from generation to generation. Pedagogical activity consists of two types: scientific and practical.

Pedagogical activity can be carried out by a socially educated person who has a pedagogical (professional) education. The subject of pedagogical activity is the entire part of culture selected and intended for transmission to the younger generation, the special processing of which makes it possible to achieve the goal. The means by which pedagogical activity is carried out are, first of all, natural properties and qualities belonging to man: sensory organs and the musculoskeletal system; social qualities (the ability to realize, understand, use knowledge and skills); as well as auxiliary means: various kinds of tools, including books, writing instruments, etc.

Pedagogical activity is carried out by a set of actions leading to a result corresponding to the goal. This set represents two types of pedagogical activity: scientific and practical. Scientific pedagogical activity is a type of pedagogical activity, the purpose of which is to obtain new knowledge about the pedagogical relations of adults and children and the forms of their development. Scientific activity studies the entire set of relationships that arise in the pedagogical sphere and develops recommendations, norms and forms of scientific organization of practical activities.

Practical pedagogical activity is a type of pedagogical activity, the purpose of which is to transfer the necessary part of the culture and experience of the older generation to the younger. In practical teaching activities, culture (experience) is transferred to the younger generation. Pisarev V.E., Pisareva T.E., Theory of pedagogy - Voronezh: Kvarta Publishing House, 2009. P. 612.

The current legislation does not provide for inclusion in the special length of service of periods when a woman is on maternity leave for up to 3 years.

It should be noted that the choice of the most profitable option for assessing pension rights is carried out individually when citizens apply for an early retirement pension.

3. Registration of early pension and necessary documents

Resolution of the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund of the Russian Federation dated February 27, 2002 No. 16/19 approved the documents for obtaining a pension. All documents that confirm your right to receive a pension must be issued by the competent authorities, they must contain only reliable information, the grounds for issuance must be certified by the signature of the official and the seal of the authority that issued them.

All documents are not exhaustive. In order to confirm certain circumstances, certificates of an approved form must be provided.

The right to objectively evaluate the provided documents remains with the body of the Pension Fund of the Russian Federation. You can find out about the procedure for applying for a preferential pension and a list of documents at the regional social protection department.

List of documents for obtaining a labor pension

· Statement;

· Identity document, age, place of residence, citizenship;

· Individual (personalized) accounting card;

· Certificate of average monthly earnings for 2000–2001 or 60 consecutive months until January 1, 2002 during employment;

· Birth certificates of children;

· Military ID (for men).

The main and most important document confirming the length of service before registration as an insured person is the work book.

Such documents may also have forms issued by organizations in the prescribed manner. After the candidate became an insured person, an individual (personalized) invoice became a document confirming work experience.

Sometimes, if documents are lost and there is no way to restore them, evidence of your work activity may be the testimony of two or more witnesses who worked with the applicant.

The document on average monthly earnings is an extract from a personalized account for 2000–2001.

If the average monthly earnings for 2000–2001 are less than 1,743 rubles 40 kopecks, then you must provide a certificate of earnings for any 60 consecutive months before January 1, 2002.

If the average monthly earnings fall during a period when the applicant was not yet registered as an insured person, then this period can be confirmed by certificates issued by the employer or state (municipal) body, based on accounting documents.

Setting wages based on testimony is not allowed.

The reason for the lack of data must be documented.

The insurance certificate will be proof that the applicant is a member of the compulsory pension insurance system. It must be presented to the Pension Fund employee when submitting an application for payment of a pension.

To establish some legal issues, the following documents may be needed: a marriage certificate, a divorce certificate, a child’s birth certificate, certificates from housing authorities or local authorities, a certificate of income of family members, a court decision, a war participant’s certificate, a death certificate and etc. The applicant must check directly with the Pension Fund about the need for these or other documents.

Conclusion

Legal disputes over the assertion of their rights by educators to early assignment of old-age pensions in connection with teaching activities are still ongoing. Often, legal vicissitudes become so humiliating for a teacher that they negatively affect both his health and his work.

With the adoption of the Law “On Labor Pensions in the Russian Federation” on December 17, 2001, pension legislation underwent significant changes. When applying the provisions of the new law, various problems arose and judicial practice was formed. The most controversial practice has developed regarding the appointment of early retirement pensions for employees of educational institutions. Due to the special procedure for assigning this type of pension, claims of this category of cases in the field of pension provision (along with similar claims relating to the pension provision of medical workers) have been the most numerous in the courts of the Russian Federation over the past few years. Analyzing the judicial practice of the courts of the Irkutsk and Chita regions, we can identify a number of specific problems that arose when applying the legislation on the assignment of early retirement pensions to teachers.

Firstly, for a long time, refusals to grant early pensions to teachers occurred in connection with their work in non-state and non-municipal institutions. Subclause 10, clause 1, art. 28 of the Federal Law “On Labor Pensions in the Russian Federation” establishes that only employees of state and municipal educational institutions have the right to an early labor pension. And although the nature of work in state and non-state educational institutions is the same, the territorial bodies of the Pension Fund refused to grant this type of pension on a formal basis.

Bibliography

1. Alabastrova A.A. Directory of the head of a preschool educational institution. M.: Vako, 2008–208 p.

2. An inspection came to the kindergarten. R. - on - D.: Phoenix, 2004, 644 p.

3. Geits I.V. What has changed in the Labor Code of the Russian Federation. M.: Business and service, 2006.-175 p.

4. Preschool education in Russia. M.: AST, 1997.-336 p.

5. Law of the Russian Federation “On Education” Text as amended. and additional for 2009. Publisher: OZON, 2009–560 p.

6. Nazarov A.S., Savitskaya T.S. Early retirement pensions for teaching and medical workers. M.: International Center for Financial and Economic Development, 2003–126 p.

7. Handbook for the head of a kindergarten. Rn.-D.: Phoenix, 2004–619.

8. New in the pension legislation of the Russian Federation. Ed. Omega-L, 2006.-208 p.

9. Pension legislation of the Russian Federation. Ed. Exam, 2005–96 pp.

10. Ponkratova V.N. Question answer. // Official documents in education. -2003 – No. 15–102–103 p.

11. Labor Code of the Russian Federation. Publisher: EKSMO, 2009–272 p.

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1.2 Teaching positions

Bibliography

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Currently, pension provision for education workers is regulated by the Law of the Russian Federation dated December 28, 2013 No. 400-FZ “On Insurance Pensions”. This is a relatively recently adopted law. Today, there is often contradictory law enforcement practice associated with gaps in legislation, inconsistency in existing regulatory legal acts, and also different points of view are expressed regarding the future fate of preferential pension provision for education workers. There are violations of citizens' rights. Teaching staff should not be disadvantaged in either wages or social benefits. In this regard, the need arose for a comprehensive analysis of theoretical and practical problems of reconciling the interests of the state and the individual in early retirement provision for teaching staff.

Therefore, the relevance of this work is seen in the need for in-depth and detailed research and study of changes made to legislation in this area.

The purpose of the course research is to determine the procedure for pension provision for teaching workers in the Russian Federation.

Research objectives:

1) Consider the organizational and legal foundations of the pension system for teaching staff in Russia.

2) Disclose the procedure for assigning and paying pensions to teaching staff in Russia.

3) Determine the main problems of pension provision for teaching staff in Russia and ways to solve them.

The object of the study is pension provision for teaching staff in the Russian Federation.

The subject of the study is the procedure for assigning and paying pensions to teaching staff in the Russian Federation.

When writing the course work, research methods such as analysis of legal acts, survey of experts, literature analysis, generalization and synthesis were used.

When writing the course work, the legal acts regulating the issues of pension provision for teaching staff in the Russian Federation were used, as well as educational and popular literature in this area. A complete list of sources used is given at the end of the work.

The course work consists of two chapters: 1 general characteristics of pensions for education workers, 2 conditions and procedure for assigning pensions to teaching workers.

1. General characteristics of pension provision for education workers

1.1 The concept of teaching activity

1.2 Teaching positions

By law, teachers have the right to retire earlier than other citizens. This is established by paragraphs. 19 clause 1 art. 30 Federal Law “On Insurance Pensions”, which came into force in 2015. In accordance with this norm, a preferential pension for teachers is assigned provided that they carry out teaching activities for 25 years or more. This does not take into account the age of the person at the time the pension is assigned. According to Government Decree No. 665 of July 16, 2014, the rules for calculating work periods and the list of positions and institutions approved by Government Decree No. 781 of 2002 will continue to apply to teaching staff, namely:

Job titles	Name of institutions

1. Director (chief, manager); deputy director (chief, manager), whose activities are related to the educational (educational) process; head of the academic department, assistant director for regime; senior duty officer; duty officer; teacher; Senior Lecturer; educator; senior teacher; teacher-methodologist; organizer of extracurricular and out-of-school educational work with children; master of industrial training; teacher; teacher speech therapist; speech therapist; hearing room instructor; teacher-defectologist; head of physical education; musical director; teacher-organizer of the basics of life safety (pre-conscription training); head of pre-conscription training; military leader; social teacher; teacher - psychologist; labor instructor; teacher-educator; nursery nurse; teacher; parent-educator	1.1. General educational institutions: schools of all types; lyceum; gymnasium; education Center; cadet school; Suvorov Military School; Nakhimov Naval School; cadet corps; naval cadet corps
	1.2. General education boarding schools: boarding schools of all types; boarding lyceum; boarding school; boarding school with initial flight training; cadet boarding school; boarding schools at secondary schools
	1.3. Educational institutions for orphans and children left without parental care: boarding school, including a special (correctional) school for children with developmental disabilities; an orphanage, including a sanatorium, special (correctional) for children with developmental disabilities; children's home-school; family-type orphanage
	1.4. Sanatorium-type health educational institutions for children in need of long-term treatment: sanatorium boarding school; sanatorium-forest school
	1.5. Special (correctional) educational institutions for students (pupils) with developmental disabilities *: kindergarten; primary school (school) - kindergarten; school; boarding school; school
	1.6. Special educational institutions of open and closed type: school, including closed correctional school; school, including closed correctional school
	1.7. Educational institutions for children of preschool and primary school age: primary school (school)-kindergarten, including compensatory type; pro-gymnasium
	1.8. Preschool educational institutions: kindergartens of all types; child development center-kindergarten; nursery-garden (garden-nursery); nurseries
	1.9. Institutions of primary vocational education: schools of all types and names, including boarding schools; lyceum
	1.10. Educational institutions of secondary vocational education (secondary specialized educational institutions): technical schools of all types, including boarding technical school and enterprise technical school; schools of all types, including boarding schools; colleges of all types, including boarding college; technical lyceum; music school, including music school-lyceum; art school, including art school-lyceum; studio school
	1.11.Educational institutions for children in need of psychological, pedagogical and medical-social assistance: diagnostic and consulting center; center for psychological, medical and social support; center for psychological and pedagogical rehabilitation and correction; center for social and labor adaptation and career guidance; center for therapeutic pedagogy and differentiated learning
	1.12. Other educational institutions for children: interschool training and production plant for labor training and vocational guidance of students (interschool training center)
	1.13. Social service institutions: rehabilitation center for children and adolescents with disabilities; social rehabilitation center for minors; social shelter for children and adolescents; assistance center for children without parental care; orphanage-boarding school for mentally retarded children; orphanage-boarding school for children with physical disabilities
	1.14. Health care institutions: children's home, including specialized; children's sanatoriums of all types: for the treatment of tuberculosis of all forms; for patients with consequences of polio; for hematological patients; for the treatment of patients with musculoskeletal disorders; for patients with rheumatism; psychoneurological

In accordance with the above list, teachers who worked in the positions of directors and their deputies, heads of education, teachers, educators, teachers, etc. have the right to receive an early pension. Also in the specified list there are detailed information about institutions, work in which gives the right to early granting of a pension to teaching staff. Therefore, it is important that the position and place of work recorded in the work book clearly correspond to the positions and institutions indicated in the list, otherwise the Pension Fund may refuse to grant a preferential pension.

To count periods of teaching work performed before September 1, 2000, it does not matter whether standard working hours were developed during these periods. This norm, which is defined as a teaching or training load per wage rate, began to be taken into account only after September 1, 2000. According to the established rules for calculating periods of work, early pensions for teaching staff can be assigned provided they conduct teaching activities for at least 6 hours a week or 240 hours per year. For teachers of secondary vocational institutions, the minimum teaching load is set at 360 hours per year. This rule does not apply to primary school teachers, as well as teachers of schools located in rural areas, and the volume of workload does not in any way affect their length of service. As for teaching staff of institutions intended for children in need of psychological, pedagogical and medical-social assistance, as well as social service institutions, periods of their work are counted towards their length of service only if the established working hours are met. It does not matter whether this work was carried out before September 1, 2000 or after. The same applies to music directors.

1.3 Work in additional education institutions

Positions and institutions of additional education are provided for in the second section of the list approved by Government Decree No. 781, namely:

Director (chief, manager); deputy director (chief, manager), whose activities are related to educational

(educational process); teacher; trainer - teacher; senior trainer-teacher; trainer-teacher; trainer-teacher in adaptive physical culture; senior trainer-teacher for adaptive physical education; additional education teacher

Institutions for additional education of children (out-of-school institutions); center for additional education for children, development of creativity of children and youth, creative development and humanitarian education, children's and youth, children's creativity, children's (teenage), extracurricular activities, children's environmental (health-ecological, ecological-biological), children's (youth) technical creativity (scientific and technical, young technicians), children's marine, children's (youth), aesthetic education of children (culture, arts or by type of art), children's recreational and educational (profile); Palace of children's (youth) creativity, creativity of children and youth, students, pioneers and schoolchildren, young naturalists, sports for children and youth, artistic creativity (education) of children, children's culture (arts); House of children's creativity, childhood and youth, students, pioneers and schoolchildren, young naturalists, children's (youth) technical creativity (young technicians), children's and youth tourism and excursions (young tourists), artistic creativity (education) of children, children's culture ( arts); station for young naturalists, children's (youth) technical creativity (scientific and technical, young technicians), children's ecological (ecological-biological), children's and youth tourism and excursions (young tourists); children's art school, including by type(s) of art; children's and youth sports schools of all types; specialized children's and youth sports school of Olympic reserve; children's and youth sports and adaptive schools of all types

In order for a preferential pension to be assigned to teachers of additional education, since 2001, several conditions must be present simultaneously:

As of January 1, 2001, they must have work experience in relevant positions and institutions of at least 16 years 8 months;

During the period from November 1, 1999 to December 31, 2000, there must be a fact of working in positions in additional education institutions.

Periods of annual leave.

2. Conditions and procedure for assigning pensions to teaching staff

2.1 Periods included in length of service

The length of service that gives the right to an early pension includes:

Periods of full-time work for which insurance premiums were paid;

Periods of temporary disability;

Periods of annual leave.

Work periods are counted in calendar order.

According to the new rules, the length of service on the basis of which a preferential pension for teachers in 2015 can be assigned will also include periods of study in educational institutions. The only condition for including this period in the work experience is the fact of carrying out teaching activities before and after training.

In addition, periods of work that were carried out before 2015 may be included in the length of service giving the right to an early pension, taking into account the legislation in force during the period of such activity.

Bibliography

pension teacher legal experience

1. Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, Articles 30 and 31.

2. Decree of the Government of the Russian Federation dated July 16, 2014 N 665 “On the lists of works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age insurance pension is assigned early, and the rules for calculating periods of work (activity) giving the right for early retirement benefits."

3. Decree of the Government of the Russian Federation dated October 29, 2002 N 781 (as amended on May 26, 2009) “On the 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 on the approval of the Rules for calculating periods of work, giving the right to early assignment of an old-age labor pension in accordance with Article 27 of the Federal Law "On Labor Pensions in the Russian Federation".

4. Decree of the Government of the Russian Federation of September 22, 1999 N 1067. List of positions to record relevant activities that took place during the period from November 1, 1999 to December 31, 2001 inclusive.

5. Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N 463 to take into account relevant activities that took place during the period from January 1, 1992 to October 31, 1999 inclusive.

6. Resolution of the Council of Ministers of the USSR dated December 17, 1959 N 1397 List of institutions, organizations and positions in which work gives the right to a pension for long service - to take into account periods of teaching activity that took place before January 1, 1992.

7. Pisarev V.E., Pisareva T.E., Theory of Pedagogy - Voronezh: Kvarta Publishing House, 2009. P. 612.

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The concept of pension in the Russian Federation, its functions and types. Formation of the institution of early retirement in the Russian Federation. Legal features of early pension provision in connection with special working conditions, depending on professional and social factors, health status.

Abstract: It is proposed to introduce an additional document confirming the teaching experience of employees of the NPO and VET system.

This article analyzes the practice of appeals from teaching staff to the Pension Fund of the Russian Federation. A legal justification for the need to amend pension legislation is provided. I propose to consider the judicial decision No. 2-5112/11 of the Voronezh Central Court, which rejected the claim of citizen S.P. Shurygin. to the Main Directorate of the Pension Fund of the Russian Federation on the inclusion of periods of work in the special length of service, recognition of the right to early labor pension in old age with DD.MM.YYYY, the appointment and payment of early labor pension in old age with DD.MM.YYYY. The Federal Law “On Insurance”1 defines the circle of persons who retain the right to early assignment of insurance (Article 30, paragraph 19), one of such categories is teaching staff. Decree of the Government of the Russian Federation dated July 16, 2014 No. 6652, establishes the list of jobs, professions and positions, institutions, taking into account which old-age insurance is assigned ahead of schedule. And the rules for calculating work that give the right to receive early retirement benefits are established. This act contains a list of institutions in which work is counted towards the length of service, giving the right to early assignment of employment based on length of service to persons engaged in teaching activities.

From this list, it follows that teaching staff carrying out their professional activities in “NPO institutions (clause 1.9) and secondary vocational education institutions (clause 1.10) have the right to early appointment of old-age insurance. Decree of the Government of the Russian Federation dated October 29, 2002 N 781 3, determines the procedure for calculating periods of work that give the right to early assignment of labor. The specified rules are applied when calculating periods of work that give the right to early assignment of old-age insurance in accordance with the Federal Law “On Insurance (in accordance with Articles 30 and 31) Thus, these rules establish the procedure for calculating periods of work that give the right to early assignment of labor old age, teaching staff. Work experience since November 1, 1999 in positions established by Decree of the Government of the Russian Federation of July 16, 2014 No. 665 is counted as length of service, provided that at least 50 percent of children under the age of 18 are studying in these institutions. But in practice, the problem arises of implementing this right to provide pensions for teaching staff working in institutions of “primary vocational education” and “educational institutions of secondary vocational education (secondary specialized educational institutions).

It often happens that teaching staff carry out their pedagogical activities with students aged 16-17, for example, in general education training programs (1st year, 2nd year - corresponds to 10th, 11th grade of a secondary school), but the educational organization reports as a whole on educational institution, and thereby the rights of this part of the teaching staff, provided for by the Federal Law “On Insurance Pensions of the Russian Federation,” are violated. Early retirement provision for teaching staff of educational institutions of secondary vocational education is expected for teachers in those educational institutions where the number of students aged 18 is below 50%. Let us turn to some of the numerous appeals from teachers trying to exercise their right to a long-service pension. Help resolve the situation, I worked at the college for 26 years, as a teacher of Russian language and literature in the 1st year, the age of the students is 16-17 years. Since 2003, the educational institution has been reporting to the pension fund: “the number of students aged 18 years is below 50%” and has not been included in the pedagogical guard for 9 years.

The Pension Fund denied me the right to receive it based on length of service, referring to the Government Decree, according to which the teaching experience of employees of the NPO and SVE system is not counted if the number of students under the age of 18 is below 50%. Ivanova Marina Ivanovna. Tell me how to solve the problem, I worked in a technical school (since 2011 in college) for 28 years, as a history and social studies teacher in the 1st year, the age of the students is 15-17 years. Since 2004, the educational institution has reported to the pension fund: “the number of students under the age of 18 is below 50%.” 12 years were not included in the teaching experience. The pension fund denied me the right to receive it based on length of service, referring to the Government Decree, according to which the teaching experience of employees of the NPO and SVE system is not counted if the student population under the age of 18 is below 50% of the entire educational institution.

Nikolaeva Elena Viktorovna The problem is that all teachers of the NPO and SVE system find themselves in equal conditions, regardless of the disciplines taught - general education, which are studied in 1st and 2nd years, and general professional and special disciplines - studied in 2-4 courses and, accordingly, age 1st and 2nd year students are 16-17 years old, senior students are 18-19 years old. I propose to introduce an additional document confirming the teaching experience of employees of the NPO and VET system.

Gerasimov Alexey Alexandrovich, Shevchenko Artem Georgievich

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