Registration of the crew on a preferential pension. Early retirement pension for shipboard personnel on ships of the sea, river fleet and the fleet of the fishing industry. Who is eligible for preferential pensions for seafarers
Hello! To calculate a preferential pension, you must have a total "sea" experience of at least 12 years and 6 months Federal Law of December 28, 2013 N 400-FZ (as amended on December 29, 2015) "On insurance pensions" Article 30. Retention of the right to early appointment of insurance pensions 1. An old-age insurance pension shall be assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30 to the following persons: ... 9) men upon reaching the age of 55 and women upon reaching the age of 50 years, if they have worked, respectively, at least 12 years 6 months and 10 years in the crew on ships of the sea, river and fishing fleets (with the exception of port vessels permanently operating in the port water area, service and auxiliary and crew vessels, suburban and intracity messages) and have an insurance experience, respectively, of at least 25 years and 20 years; ... "" 30 coefficients can be earned if the employer is sent insurance contributions to the Pension Fund for 15 years from a salary in the amount of two minimum wages or for 30 years from one minimum wage. Accordingly, if the salary is more than 2 minimums, this will take fewer years. "Http://www.pfrf.ru/branches/kursk/info~a1/58 I think you are all right with that. , but it should be borne in mind that the periods when the ship's crew is on the shore in a paid reserve, time off, during the period when the ship is under repair and at the quay wall cannot be counted in the preferential length of service. keep watch, perform functions and work stipulated by job descriptions, their working conditions change, since they are not on the voyage and are not fully exposed to harmful and heavy factors. old-age pensions, approved by Decree of the Government of the Russian Federation of 11.07.2002 No. 516, work during a full navigation period on water transport is taken into account in such a way that when calculating length of work experience, giving the right to early assignment of an old-age retirement pension, its duration in the corresponding calendar year was a full year. Decree of the Government of the Russian Federation of July 11, 2002 N 516 (as amended of March 25, 2013) "On approval of the Rules for calculating work periods, 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 " 13. The periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries, the list of which is determined by the Government of the Russian Federation, are taken into account in such a way that when calculating the length of service, which gives the right to early assignment of an old-age labor pension, the duration work experience in the relevant types of work in the corresponding calendar year was a full year ... "The duration of the navigation period does not matter, it depends on the climatic conditions of the region and therefore can be different. Navigation is the period when local climatic conditions are possible. Navigation The duration of the navigation period is determined depending on the climatic conditions of individual regions of the country, allowing for shipping operations on water transport not all year round, but for a certain period of time.
How a modern sailor can earn a pension is far from an idle question, given that most of the seafarers work under flags of convenience or alternately: either for a Russian employer or for a foreign one. It is this fact that is the main cause for concern. After all, a foreign employer does not pay insurance premiums for a working seafarer, therefore, this affects the insurance experience required for the appointment of a pension.
For the early appointment of an old-age pension, you need a confirmed preferential length of service as a member of the ship's crew, an individual pension coefficient of the required value, as well as the required number of years of total insurance experience. There is not even one of the above, you can partially or completely say goodbye to dreams of a decent old age. A natural question arises: how is the insurance experience formed?
INSURANCE EXPERIENCE
In accordance with the current legislation, the insurance period is the total duration of the periods of work and (or) other activities, during which insurance contributions were paid to the Pension Fund of the Russian Federation, taken into account when determining the right to a labor pension. If a seaman during the period of work in a foreign company did not enter into voluntary legal relations with the Pension Fund and did not pay insurance contributions on his own, then this work time will not be taken into account in the length of service, which means that it is highly likely that if the insurance period is insufficient, he will retire upon reaching the generally established such a marine specialist will not be able to age.
For many, this becomes unexpected news: how so? I have worked in the navy all my life! So, "all life" does not mean at all that during this time the necessary experience has been accumulated to retire an insurance pension for old age. Because the sailor worked for a Russian ship owner, then for a foreign one. And if the Russian employer paid all the necessary contributions, then the foreign company did not deal with this issue at all.
Then how can you secure guaranteed payouts at the end of your career at sea?
This will require two things - to familiarize yourself with the country's pension legislation and not delay the execution of all the necessary documents. If necessary, crew members can obtain detailed advice from trade union lawyers.
BASIC MOMENTS
To receive an old-age insurance pension, a Russian citizen needs to accumulate insurance experience and a certain number of pension points, the value of which changes every year. So, in order to receive an old-age insurance pension in 2019, you must have at least 10 years of insurance experience and an individual pension coefficient equal to 16.2. Every year, more and more of them are required from new retirees: 2.4 points more annually, until the required number of points reaches 30 by 2025. The length of service required to receive an old-age insurance pension will also gradually increase by one year to 15 years in 2024.
At the end of 2018, a law was adopted to improve the pension system. This improvement is primarily aimed at raising the retirement age by 5 years. Men will now retire at 65, women at 60. Change will take place in stages over a long transition period of 10 years and ending in 2028. For those who were supposed to retire in 2019 and 2020 under the terms of the previous legislation (these are women born in 1964-1965 and men born in 1959-1960), a special benefit has been established - the appointment of a pension six months earlier than the new retirement age. Thanks to the privilege, a pension on new grounds will be awarded already in 2019: women aged 55.5 years and men aged 60.5 years.
At the same time, during the entire transition period, the requirements for the length of service and pension points required for the appointment of an insurance old-age pension continue to apply.
Raising the retirement age does not apply to disability pensions - they are retained in full and are assigned to people who have lost the ability to work, regardless of age when the disability group is established.
The right to early retirement was established for employees with long work experience: at least 42 years for men and 37 years for women. Now they can retire two years earlier than they should, but only when they reach the age of 60 and 55, respectively.
For those who have not earned the right to an old-age insurance pension, they are entitled to a social old-age pension. The age of retirement will also gradually increase by 5 years during the transition period. That is, by 2028, men will receive a social old-age pension upon reaching the age of 70, and women - from 65 years of age.
For citizens of pre-retirement age - those who have 5 years left before the onset of retirement age, in the event of loss of work and in the absence of employment opportunities, the right to retire 2 years earlier than the established new retirement age, taking into account the transition period, is retained.
In addition, from January 1, 2019, for citizens of pre-retirement age, the maximum amount of unemployment benefits has been increased - from 4,900 rubles to 11,280 rubles. However, this benefit is only paid for 1 year.
EARLY EXIT
Despite the step-by-step increase in the retirement age, the right to early retirement remains for a certain category of employees. So, men after reaching the age of 55 and women 50 years old, working in the crew of ships of the sea, river fleet and the fleet of the fishing industry (men and women), with the exception of port vessels constantly working in the port water area, service and auxiliary and crew vessels, ships suburban and intracity communication can go on a well-deserved rest if they have:
- work experience in the ship crew of 12 years and 6 months (for men) and 10 years (for women),
- total insurance experience - 25 and 20 years, respectively,
- an individual pension coefficient of at least 30 (taking into account the transitional provisions in 2019 at least 16.2).
The presence of all these conditions in terms of length of service and coefficient gives the same right to early retirement to the crew members of the engine crew of service and auxiliary vessels and ships of the port fleet constantly working in the port water area (with the exception of service crew vessels, suburban and intracity traffic vessels). The basis is the List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which also gives the right to a retirement pension (old age) on preferential terms.
PENSION FOR YEARS SERVICE
The conditions for the appointment of an insurance pension have not changed in the presence of a special experience of at least 25 years and 20 years for men and women, regardless of age, for employees of the fishing industry fleet engaged in the extraction, processing of fish and seafood, receiving finished products in the field, regardless of the nature work performed.
The same right to early retirement regardless of age and with special experience is enjoyed by members of the crew of certain types of vessels in the sea, river and fishing fleets (on pusher tugs constantly engaged in the transportation of oil barges, gas carriers, oil tankers, oil pumping, oil bunkering and cleaning stations, underwater vehicles (laboratories), ships with nuclear power plants, nuclear service ships, ships permanently operating in the Arctic, chemical carriers, agglomerate carriers). This is the so-called seniority pension.
To confirm the special length of service as a seafarer of ships of the sea fleet and the fishing industry fleet, certificates are needed from the shipping companies where the seaman worked. In them, the length of service should be described in detail, that is, with the inclusion of periods of direct stay on the ship, as well as other periods preceding or immediately following such work, which are included in the special length of service. These include paid vacations and time off, being in a paid reserve, periods of involvement in the implementation of repair work. Separately, periods should be highlighted that are not included in the special experience: for example, vacations without pay, the period of study, etc.
You should know, what:
- if, at the time of reaching the age of 55 for men and 50 years for women, there is no required length of service in the seafarers or the required total insurance experience, as well as in the absence of the required value of the individual pension coefficient, the insurance pension for the seafarer will be assigned on a general basis: that is, upon reaching the generally established retirement age (65/60 years - for men and women, respectively);
- if a seafarer entered into a voluntary legal relationship on compulsory pension insurance, paid insurance premiums, then the periods of payment of insurance premiums are taken into account only in the total insurance experience, but are not taken into account when determining the right to early assignment of an old-age insurance pension.
Important to remember that after January 01, 2013, the conditions for the appointment of an early insurance old-age pension are applied only if the class of working conditions at the workplaces of ship crew members corresponded to the harmful or hazardous class of working conditions established based on the results of a special assessment of working conditions (SOUT) and if the employer pays additional insurance premiums.
In the transition period until December 31, 2018, the right to early assignment of an old-age insurance pension is retained based on the results of certification of workplaces, subject to the calculation and payment of additional insurance premiums by the employer until the time of the SAWS.
If you yourself find it difficult to understand the pension legislation and prove the right to early retirement even if you have all the necessary documents, a seafarer can always turn to his trade union for help.
"NORTHERN" PENSION
Residents of the Far North and equivalent areas have the right to early retirement 5 years earlier than the generally established retirement age. After the pension reform, this right remains with the northerners in the future. At the same time, the early retirement age for residents of the North is gradually increasing by 5 years: from 50 to 55 years for women and from 55 to 60 years for men.
The transition period to raise the retirement age of northerners will last, like everyone else, for 10 years - from 2019 to 2028. At the first stage, the increase in age will affect women born in 1969 and men born in 1964. At the same time, northerners, who were supposed to receive a pension in 2019–2020 under the old legislation, are also entitled to an exit benefit six months earlier than the new retirement age.
At the same time, the minimum required northern length of service for early assignment of a pension does not change and remains 15 calendar years in the Far North and 20 calendar years in equivalent areas. The requirements for the insurance period do not change in the same way and are 20 years for women and 25 years for men.
A year of experience in areas equated to the Far North corresponds to 9 months of work directly in the North. Those who have worked in the Far North for at least 7 years and 6 months are assigned an insurance pension with a decrease in age by four months for each full calendar year of work in these areas.
Seafarers who have worked for at least 15 calendar years in the Far North regions or at least 20 calendar years in equivalent areas, if they have a general insurance experience necessary for the early appointment of an old-age insurance pension (men - 25 years and women - 20 years ), and work experience as crew members of ships of at least 12 years and 6 months, will be able to retire 5 years earlier than the age established for early appointment: at 50 years old - men, 45 years old - women.
UNDER A FOREIGN FLAG
Many Russian sailors today prefer to work under a foreign flag, and they can be understood: with rare exceptions, it is impossible to earn decent money in Russian companies. At the same time, most of them hardly think about retirement - what awaits them in the future. Of course, they can count on a social pension, like all citizens of the Russian Federation with a shortage of insurance experience. However, we still have to live to see it. It is set at the onset of 70 and 65 years for men and women, respectively, and its size will be much less than that of an insurance pension. To date, the size of the social old-age pension is 5180.24 rubles.
Therefore, in order not to end up in old age at a broken trough, all sailors, citizens of the Russian Federation, working on ships under foreign flags, must voluntarily enter into legal relations on compulsory pension insurance. If, of course, they want to receive an old-age insurance pension.
This relationship implies the payment of insurance premiums for oneself to the Pension Fund of the Russian Federation. Only in this case Russian seafarers will be insured persons who are covered by compulsory pension insurance with a further right to retire upon reaching the generally established age. Again, this is only possible if you have the required length of service and the size of the individual pension coefficient. Otherwise, it will be possible to forget about the old-age insurance pension. Therefore, the advice is simple: the sooner seafarers start paying dues, the better for them. The periods of payment of insurance premiums by seafarers working on ships under foreign flags are included in the insurance period.
HOW TO START PAYING INSURANCE PREMIUMS?
Seafarers should contact the territorial body of the Pension Fund of the Russian Federation at their place of residence and submit an application for entering into a legal relationship under compulsory pension insurance. The application can be submitted in person or sent by mail with the obligatory fact of confirmation of sending and receiving the letter. Additionally, it is necessary to provide a passport or other document proving the identity of the seafarer, as well as documents confirming the fact of work or the fact of an invitation to work outside the territory of the Russian Federation, or giving the right to carry out activities outside the territory of the Russian Federation.
Again, the periods of payment of insurance premiums by seafarers working on ships under foreign flags are included in the insurance experience. The minimum amount of insurance premiums that a seafarer will have to pay is determined as follows: the minimum wage (minimum wage) at the beginning of the financial year for which insurance premiums are paid must be multiplied by the insurance premium rate of 22 percent. The maximum amount of insurance premiums cannot exceed the amount determined as the product of eight times the minimum wage at the beginning of the financial year for which insurance premiums are paid and the rate of insurance premiums in the amount of 22 percent.
Thus, the minimum amount of insurance premiums that a seafarer will have to pay for 2019 will be RUB 29,779.20. The maximum amount of insurance premiums for 2018 cannot exceed RUB 238,233.60.
Considering the voluntariness of entering into a legal relationship on compulsory pension insurance,the seafarer must independently determine in what amount (within the established minimum and maximum contributions) he will pay insurance premiums. That is, the amount of paid insurance premiums does not depend on the amount of salary (amount of income) that a seafarer receives from a foreign ship owner.
At present, the procedure for calculating and the timing of payment of insurance premiums has been clarified. The accounting period for insurance premiums is a calendar year. The calculation of the amount is made by the seafarer independently, is determined in proportion to the number of calendar months during which the seafarer was in legal relations for compulsory pension insurance, and is paid no later than December 31 of the current calendar year.
The legislation also provides for the possibility of paying insurance premiums not only by the seafarer himself, who voluntarily entered into a legal relationship on compulsory pension insurance, but also by another individual. At the same time, the duration of the periods of payment of insurance premiums for seafarers included in the insurance period cannot be more than half of the insurance experience required for the appointment of an old-age insurance pension - that is, no more than seven and a half years.
If, at the time of reaching the generally established retirement age, a crew member does not have enough insurance experience and there is no required value of the individual pension coefficient, then these indicators can be increased by continuing to pay insurance premiums, thus creating all the conditions for acquiring the right to an insurance pension.
The Russian trade union of seafarers strongly advises seafarers to take care of the issue of their future pension as early as possible. Any delay, failure to payinsurance premiums, and even worse - the lack of legal relations with the Pension Fund threatens with a serious reduction in pension payments, an increase in the retirement age and huge paperwork.
Therefore, it is better to annually get acquainted with the information on the state of your personal account: how many pension points have been accrued, how many years and months are taken into account in the insurance experience. The accounting system allows you to track information about the periods of work, places of work, the amount of insurance premiums accrued by employers and the level of wages.
To obtain information, you must come with an identity document to any territorial body of the Pension Fund of the Russian Federation or apply with a request to any multifunctional center (MFC).
Information on the state of a personal account can also be found through electronic services provided by the Pension Fund of the Russian Federation by creating a personal account. All users registered on the www.gosuslugi.ru website and in the Unified Identification and Authentication System (ESIA) have access to the service.
Remember, your pension is in your hands.
The right to early assignment of an old-age retirement pension (retirement 5 years earlier) is granted to shipboard personnel in accordance with sub. 9 p. 1 of Art. 27 of the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation" (hereinafter - Law No. 173-FZ), provided that they have worked for a certain period (men for at least 12 years 6 months, women for at least 10 years ) on ships of the sea, river and fishing industry (except for port vessels permanently operating in the port water area, service and auxiliary and crew vessels, suburban and intracity traffic vessels) and have an insurance experience of 25 and 20 years, respectively.
The sailing crew of these vessels acquires the right to early retirement benefits, regardless of what work is performed by the vessel and directly by a member of the ship's crew (crew). This can be the transportation of goods, passengers or fishing, processing of fish and seafood, acceptance of finished products in the field, icebreaking and road work, as well as other work of a non-transport and fishery nature. Also, it does not matter the name of the profession and the position of a member of the ship's crew, provided for in sub. 9 p. 1 of Art. 27 of Law No. 173-FZ.
Employees, including seafarers, who have worked (men for at least 25 years and women for at least 20 years) on ships of the marine fleet of the fishing industry in the extraction, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed ), as well as on certain types of ships of the sea, river and fishing fleet (The list of such vessels was approved by the RF Government Decree of 07.07.1992 No. 467), in accordance with sub. 12 p. 1 art. 27 of Law No. 173-FZ, an old-age retirement pension is assigned regardless of age.
The right of these employees to an early retirement pension applies to all employees, regardless of the name of their profession and position, employed in the performance of work on the extraction, processing of fish and seafood, as well as receiving finished products in the field. In this case, the nature of the work of a particular employee does not matter. The type of vessel that belongs to the fishing industry's marine fleet is also irrelevant.
The peculiarities of work on the listed vessels are due to weather and climatic conditions and the remoteness of work from the shore: some workers are employed on ships during the navigation period (mainly the crew of river fleet vessels, including vessels of the fishing industry fleet), others perform work on ships for long periods excluding weekends and non-working holidays of rest, which the floating composition of ships uses after the end of the voyage (mainly ships of the sea fleet, including ships of the fishing industry fleet).
According to clause 13 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", approved. By Decree of the Government of the Russian Federation of 11.07.2002 No. 516, work during a full navigation period on water transport is taken into account in such a way that when calculating the length of service, which gives the right to early assignment of an old-age retirement pension, its duration in the corresponding calendar year is a full year. In this case, the duration of the navigation period does not matter, it depends on the natural and climatic conditions of the region and therefore may be different.
Navigation is the period when navigation is possible due to local climatic conditions.
The duration of the navigation period is determined depending on the climatic conditions of individual regions of the country, which allow for shipping operations on water transport not all year round, but for a certain period of time.
In some cases, for reasons beyond the control of the employee, the beginning of navigation in the work area does not coincide with the date of the ship's departure on voyage, and the end does not coincide with the date of its actual return upon completion of work to the ship's home port. Due to the fact that not all ships can go on a voyage at the same time, orders are issued to put specific ships into operation, which indicate different dates of their voyage, and orders to prepare ships for laydown or repair, in accordance with which ships can return to the port a few days before the closing of navigation. The time the vessel is on a voyage during such a period should be considered as a complete navigation period.
In cases where an employee has not worked for the entire navigation period on the ship, the time of his work is included in the length of service in the relevant types of work according to its actual duration, regardless of the reason why the work did not start at the beginning of the navigation period or was terminated before its end. An employee of the ship's crew finished work 20 days earlier during the navigation period due to going on vacation without pay. In this case, the time of its operation during navigation cannot be considered as a complete navigation period. This period is counted in the length of service in the relevant types of work that give the right to early retirement benefits, according to its actual duration.
In accordance with the Regulation on working hours and rest hours for workers of the floating composition of ships of the sea fleet, approved. Decree of the Ministry of Labor of Russia of 20.02.1996 No. 11, during the working hours of the ship's crew (crew) includes the time they perform work on servicing the ship and maintaining it in normal operational and technical condition during the period of the voyage assignment with the inclusion of auxiliary, preparatory, repair and other works that ensure the basic functions of the crew, which is consistent with clause 5 of the clarification of the Ministry of Labor of Russia dated 05.22.1996 No. 5. According to clause 5 of this clarification, working hours (full working day) include the time for completing auxiliary, preparatory, and for workers, performing work with the help of mechanisms, as well as the time of performing repair work of a current nature and work on the technical operation of equipment. It may also include the time of performance of work performed outside the workplace in order to ensure basic labor functions.
Thus, in the length of service, which gives the crew of ships of the sea, river fleet and the fleet of the fishing industry the right to early appointment of an old-age labor pension in accordance with sub. 9 and 12 p. 1 of Art. 27 of Law No. 173-FZ, it is possible to include the time of performance of all work performed by the crew during the period of the voyage assignment, including the time of loading and unloading operations in the port, inter-voyage maintenance or repair of the vessel, paid reserve (duty) and other work performed by the crew before leaving a ship on a voyage or after the ship returns to its home port, if these works are related to the provision of the main labor functions of the ship crew, which it performs during the voyage.
The issue of crediting to the length of service, which gives the right to the workers of the seafarers of the sea, river and fishing industry vessels for early retirement benefits, the summed up days of rest (time off) for unused days off during the voyage of the vessel and in some cases for the processed time, can be considered in in accordance with the decree of the Constitutional Court of the Russian Federation of January 29, 2004 No. 2-P and the definition of the Constitutional Court of the Russian Federation dated July 12, 2006 No. 261-O, which explains that the length of service of workers with a special nature of work (these include employees of the ship crew of sea vessels, river fleet and fishing industry fleet), which gives the right to early assignment of a retirement pension for old age, includes both the period of work and the period of rest. It follows from this that if, in the accounting period, the number of hours actually worked by the crew of these ships was at least the normal number of working hours established by the Labor Code of the Russian Federation (Article 91), then the inter-voyage rest time (processing time and summarized rest days for unused days off during the period of the voyage assignment) should not be excluded from the general calendar period, which forms the length of service, giving the crew of ships of the sea, river and fishing industry ships the right to early retirement benefits.
For various reasons, ships of the sea and river fleets (intra-water transport fleet) and the fishing industry fleet (fishing fleet) can sit for a long time, on conservation (for which an order is issued by the shipowner) or stand at the quay wall awaiting sailing. In all cases, such ships do not perform work corresponding to their purpose, therefore, they cannot be classified as ships, the work of the crew of which gives the right to early assignment of an old-age retirement pension.
Considering the above, the periods of stay of ships of the sea and river fleet (fleet of inland transport) and the fleet of the fishing industry (fishing fleet) in the layover, on conservation, as well as the periods of long stay of the vessel at the quay wall during work experience, giving the right to early assignment of a labor pension under old age in accordance with sub. 9 p. 1 of Art. 27 of Law No. 173-F З, are not counted.
Railway transport (subsection 1 of Lists N 1 and 2)
Marine and river fleet (List No. 1, section XXI, subsection 2,
Civil aviation (List No. 1, section XXI, subsection 3)
The transport system of Russia is a large and complex economic complex located throughout the country. It includes: land transport (rail, road), water (sea and river), air and pipeline.
Section XXI of List No. 1 and Section XX VIII of List No. 2 provide for the following types of transport: railway (subway), sea and river, air (civil aviation).
Consider the right to preferential pension benefits for employees of each type of transport.
Railway transport (subsection 1 of Lists N 1 and 2)
The right to a pension in accordance with subsection 1 XXI and XX VIII, respectively of Lists Nos. 1 and 2, is enjoyed by employees of the railway transport system working in the depot, at repair plants and other enterprises and organizations that are not directly involved in organizing transportation and ensuring traffic safety on the railway. transport.
So, the right to preferential pension provision according to List No. 1 (section .X XI, subsection 1) are used by bandages, filling lead-tin alloys, blower-blowers pipes, locksmiths for the repair of rolling stock, engaged in the repair of tanks from under ethyl liquid, as well as in the repair, refueling and replacement of valves of tanks.
Along with lead-tin alloys, other alloys are used, which may include lead, its content, as a rule, is insignificant. Smelters of such alloys (for example, bronze) are not entitled to pension benefits.
Workers, regardless of the name of the profession, employed in the internal cleaning of tanks from oil products and chemicals, enjoy the right to preferential pension benefits according to List No. 1 (section .X XIII"General professions").
Pension benefits for rolling stock repairmen according to List No. 1 are provided if they are engaged in the repair of tanks from ethyl liquid or perform work on refueling and changing tank valves, which, as a rule, are performed at washing and steaming stations and service points, points preparation of tanks for transportation before preliminary steaming, cleaning, ventilation and degassing.Works on partial cleaning and steaming of tanks preceding the repair, refueling and replacement of tank valves should not deprive rolling stock repairmen of the right to a preferential pension according to List No. 1.
At the sleepers impregnating enterprises of the railway transport system, work is carried out on the impregnation of sleepers. Pension benefits according to List No. 2 are established for impregnators of sawn timber and wood products engaged in work with the use of hazardous substances of at least the third hazard class. Often questions arise about the possibility of assigning a pension in connection with the special working conditions of loaders, slingers of sleepers impregnating enterprises. It should be borne in mind that this and other workers involved in transportation, sorting, loading at sludge sites, in storage warehouses for sleepers, as well as in areas where they are impregnated, do not have pension benefits.
At diesel locomotive and locomotive repair enterprises carry out work on testing diesel engines and diesel generators... The right to preferential pensions according to List No. 2 (section .X IV, Subsection 12) are used by workers engaged in testing diesel locomotives diesel generators with a gas turbine supercharging capacity of 800 hp and more and a turbine speed of at least 17 thousand rpm, as well as rheostat tests of diesel locomotives. Craftsmen employed in these jobs (except for rheostat testing of diesel locomotives) also enjoy the right to pension benefits in accordance with this section.
Employees of locomotive crews, as well as employees directly involved in the organization of transportation and ensuring traffic safety on railway transport and the subway, a pension due to special working conditions is assigned in accordance with paragraph "d" of Article 12 of the Law of the Russian Federation "On State Pensions in the Russian Federation. Federation ", approved by the decree of the Government of the Russian Federation of April 24, 1992 N 272. These include employees of track services, energy services. Men are entitled to a pension upon reaching 50 years of age if they have worked, respectively, for at least 12 years and 6 months and 10 years in jobs that give them the right to a pension in accordance with this paragraph.
The circle of railway transport and metro workers who have pension benefits in accordance with paragraph "d" of Article 12 of the Law contains the List of professions of workers of locomotive crews, as well as professions and positions of workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the subway.
Sea and river fleet (List N 1, section XXI subsection 2,
List No. 2 section XX VIII, subsection 3)
Pension benefits according to List No. 1 are available for workers of two professions: boiler cleaners employed on ships cleaning boilers, and stokers of ships operating on solid fuels. These workers are entitled to a pension regardless of what ships they work on, and whether they are the ship's crew or not.
V sect .X XVIII List No. 2 provides for workers of the sea and river fleets of two categories: ships of these fleets and coastal personnel. Pension according to List No. 2 is assigned not to all members of the sea and river fleet, but only to workers of the engine crew: stokers of ships operating on liquid fuel, machinists and minders of all names, mechanics, electromechanics. These employees are provided with pension benefits if they are employed on ships of the service and auxiliary fleet and ships of the port fleet permanently working in the port water area (with the exception of service and traveling, suburban and intracity traffic).
It must be remembered that not all persons on board are members of the ship's crew. It is approved for each type of vessel by the ship owner. As a rule, it consists of persons who are on the staff of the ship's crew. Persons who are not on the ship's crew, although they are included in the list of people (crew list) on board, do not belong to the ship's crew.
The question of which ships work on which gives the crew the right to preferential pension benefits is decided in each case by the shipowner or a higher organization. The basis for issuing a certificate may be an order (order) of the ship owner on the registration of the fleet, the ship's staffing table or the salary scheme.
In accordance with this section, preferential pensions are provided to employees of the sea and river fleet on ships engaged in the carriage of goods and passengers. Depending on the conditions of transportation, service areas, length of lines, duration of trips, types of services provided and other features, passenger lines are divided into: transport, tourist, excursion and walking. Transport lines, in turn, are subdivided into: transit, local, suburban, intracity and crossing. Sections XXI and XX VIII of Lists 1 and 2 do not apply to employees of vessels engaged in the extraction of fish and fish products.
As stated above, retirement benefits for With a squeak N 2 are provided to the workers of the machine crew of the sea and river vessels, specified in section XXVIII. When determining the right to a preferential pension for employees of these ships, it matters to which ship service they belong ( ship-mechanical(machine command), radio engineering, medical and sanitary, training ship, service for the extraction and processing of fish and others).
From the coastal structure of the sea and river fleets, pension benefits are established for hold minders, explosives and painters employed in painting and debris of ships at the docks. Moreover, the painter's pension is With a squeak N 2 is assigned regardless of what paints and varnishes they are busy with.
Employees of the sea and river fleets are entitled to pension benefits not only according to List No. 2 (section .X XVIII), but also in accordance with paragraphs "and" Article 12 of the Law. The right to this privilege is acquired not only by the workers of the machine crew of the sea and river fleet ships, but also the seafarers of all services of these ships, as well as the seafarers of the fishing industry fleet engaged in catching, processing fish and other work related to their conduct.
The right to a pension in accordance with clauses "and" Article 12 of the Law is reserved for the workers of the floating personnel of all vessels of the sea, river and fishing industry, regardless of their type of activity, except for port vessels permanently working in the port water area, auxiliary, traveling , suburban and intracity communications, regardless of the name of their profession and position. When determining the right to these benefits, questions arise related to attributing them to the crew of those ships, work on which gives the right to pension benefits.
As mentioned above, these issues are in all cases decided by the ship owner or a higher organization. However, the pension authorities should be aware of the following.
In accordance with the current Merchant Shipping Code of the USSR (Article 9), "a ship is understood as a self-propelled and non-self-propelled floating structure" used by the ship owner for various purposes.
Vessels that are part of the port fleet and perform specific functions related to its activities are port vessels.
Instructional letter of the Department of Maritime Transport and the Council of the Trade Union of Water Transport Workers of the Russian Federation No. CM-39/1223 dated July 27, 1992, shipowners are recommended by their orders (directives) to annually determine the list of vessels constantly operating only in the port water area.
Auxiliary vessels are vessels that perform the functions of maintaining and ensuring the operation of vessels, towing floating equipment, landing stages, vessels of other objects, if these works were not included in the plan for the transportation of goods, coastal structures and port waters.
The crew vessel is not in commercial operation and is used to support the performance of the shipowner's personnel.
Suburban ships connect port points located on the territory administratively subordinate to the city (region) and are used to transport passengers and goods between the city and adjacent suburban settlements located on the waterways.
An intracity vessel connects points within the city boundaries and is used to transport passengers.
The crew of the ship is understood as the crew of the ship, consisting of the captain, other officers and officers of the rank and file (charters of service on ships of the Ministry of River Fleet of the RSFSR), ensuring the control, movement, survivability and safety of the operation of the ship, serving both the personnel of the ship and passengers ( Rules of the Russian River Register, charters of service on ships of the RSFSR Navy).
Medical workers sent to ships of the sea, river and fishing fleets and included in the staff of the medical and sanitary services of these ships are the ship crew. They are subject to the Charter of service on these ships and the terms of remuneration of the crew. Therefore, the positions: general practitioner, surgeon, ship doctor, head of the first-aid post and other medical personnel who are on the staff of the courts belong to the floating composition.
Training and production vessels do not belong to service-crew, service-auxiliary, suburban and intracity traffic, therefore, the issue of preferential pension provision for the crew of such vessels (river sea fleet) should be considered in accordance with section of List No. 2 "Transport" and p. "and" Article 12 of the Law.
The sea and river fleets and the fishing industry fleet include research vessels. Since the legislation does not provide for what specific work the vessels must perform, provided for in this section of List No. 2, the crew of research vessels can also enjoy the right to preferential pension benefits as the crew of ships of the sea and river fleets and the fleet of the fishing industry.
When solving the issues of preferential pension provision for replacement crews of ships of the sea and river fleets, as well as the fleet of the fishing industry, it should be remembered that the crew of replacement crews of these vessels can enjoy the right to preferential pension benefits according to List No. 2 or in accordance with paragraphs "and" Article 12 of the Law if the nature of their work and working conditions correspond to the nature of the work and working conditions of the ship's personnel, i.e. in cases when, after changing the crew, the ship sets out on a voyage to fulfill the planned task.
The direction of the replacement crew to the next vessel should be reflected in the documents of the shipping company (management, fleet base), orders, instructions, minutes of the dispatch meeting, etc.
The working hours of replacement crews as part of repair teams, the main task of which is to perform repair work (i.e., crew members are not enlisted in the crew of the ship to complete the planned task, but are sent to repair the ship), in the special length of service for assigning a pension in connection with special working conditions are not included.
The special length of service includes the time of work as part of the crew of ships of the sea and river fleet, as well as the fleet of the fishing industry, engaged in the transportation of passengers and cargo, catching, processing fish and other work during the voyage.
Along with these jobs, individual periods immediately preceding or following these jobs are included in the special work experience.
The periods of work following the end of the voyage include: berthing in the port under loading and unloading operations, inter-voyage maintenance or repairs, as well as the periods when crew members are on basic and additional vacations at the end of the voyage, paid reserve and time off, on leave to take care of. for a child until he reaches the age established by law (before October 6, 1992), periods of temporary disability, business trips and other cases when an order to transfer to another job is not required (i.e., does not change the nature and conditions of work).
The periods preceding the dispatch of the ship's crew to fulfill the voyage assignment include: paid reserve, repairs, etc. periods when a member of the ship's crew works in his specialty, and upon completion of work is sent as part of the ship's crew to complete the voyage assignment.
A fully completed navigation period in water transport is doubled in accordance with Article 94 of the Law.
Civil aviation (List No. 1, section XXI, subsection 3)
Subsection 3 is additionally included in section XXI of List No. 1 by the resolution of the Cabinet of Ministers of the USSR of July 23, 1991 No. 497.
Flight attendants (without any conditions) enjoy the right to a pension in connection with special working conditions according to List No. 1. According to the previous legislation, it was mandatory to confirm the flight time by them per year at least 500 hours. Now this requirement is not, therefore, for the period before 1992, the flight attendant also does not need to confirm the flight time of at least 500 hours per year.
In addition to flight attendants, employees of the dispatch service have pension benefits according to List No. 1: dispatchers, dispatchers-instructors, senior dispatchers, flight directors. All of them are entitled to a pension if they carry out direct air traffic control in the zones of airports, air hubs, air traffic control centers, regional support centers and their sectors, local control points with the highest traffic intensity or complexity, i.e. serve regular civil aviation flights.
Flight managers who directly control air traffic in specialized areas with the highest traffic intensity and complexity during test flights in the process of experimental design, experimental and research work in the field of aviation and other technology also enjoy the right to preferential pensions.
The list of such air traffic control zones was approved by the Ministry of Industry of the Russian Federation on January 24, 1992 (agreed with the Russian Ministry of Labor on January 29, 1992). It includes:
Air traffic control zones of test aerodromes (including co-located aerodromes), with the exception of visual control zones (launch zones).
Air traffic control zones for aircraft carriers.
Air traffic control zones of aviation firing and tactical ranges.
The list has been developed based on the requirements of the Manual for Test Flights in the Aviation Industry.
V. G. Belyakin
Hello! According to subparagraph 9 of paragraph 1 of Art. 27 FZ of 17.12.2001 N 173-FZ "On labor pensions in the Russian Federation" reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years in the crew on ships of the sea, river fleet and the fleet of the fishing industry (with the exception of port vessels constantly working in the port water area, service and auxiliary vessels, crew vessels, vessels suburban and intracity traffic) and have insurance experience, respectively, at least 25 and 20 years; Determination of the Supreme Court of the Russian Federation of 03.08.2007 N 71-B07-9 According to paragraphs. 9 p. 1 of Art. 27 of the Federal Law "On Labor Pensions in the Russian Federation" the sailing personnel of ships of the sea, river and fishing fleets enjoy the right to an early pension regardless of the type of work performed (transportation of goods, passengers or catching fish, seafood, acceptance of finished products in the field or other work) , the names of professions and positions, the departmental affiliation of the respective courts, as well as the organizational and legal form and form of ownership of the ship owner. SUPREME COURT OF THE RUSSIAN FEDERATION DEFINITION of August 3, 2007 Case N 71-B07-9 Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation consisting of: the presiding judge A.N. Zelepukin, Judges G.A. Gulyaeva, Yu.G. Keba. considered at the court hearing on August 3, 2007 a civil case on the claim of P. to the State institution - the Office of the Pension Fund of the Russian Federation in the Baltic City District of the Kaliningrad Region on the recognition of the right to the appointment of an early labor pension for old age and the recovery of compensation for moral damage on the supervisory complaint of P. on the ruling of the Presidium of the Kaliningrad Regional Court dated September 11, 2006, which canceled the decision of the first instance court and the ruling of the second instance in terms of recognizing the right to assign an early retirement pension for old age and made a new decision to refuse to satisfy claims in this part. After hearing the report of the judge of the Supreme Court of the Russian Federation G.A. Gulyaeva, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation established: P. brought this claim to the court, referring to the fact that on August 11, 2005 he applied to the Federation in the Baltic city district of the Kaliningrad region with an application for the appointment of an early retirement pension on the basis of subparagraph 9 of paragraph 1 of article 27 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation". However, by the decision of the pension authority dated September 12, 2005, the application was denied with reference to the lack of the necessary special experience. At the same time, the special length of service, which gives the right to early assignment of an old-age retirement pension, does not include the period of his work in the crew of the cable ship "Donets" from January 1, 1998 to August 11, 2005, since there is no information confirming special working conditions. The defendant did not admit the claim. By the decision of the Baltic City Court of the Kaliningrad Region of December 21, 2005, P.'s claims were partially satisfied. For P., the right to assign an early retirement pension for old age is recognized on the basis of subparagraph 9 of paragraph 1 of article 27 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" from August 12, 2005 and to the State Institution - Management The Pension Fund of the Russian Federation in the Baltic city district of the Kaliningrad region is obliged to appoint P. an early retirement pension from August 12, 2005; the claims for recovery of compensation for moral damage were denied. By the decision of the Judicial Collegium for Civil Cases of the Kaliningrad Regional Court dated February 8, 2006, the decision was upheld. By the ruling of the Presidium of the Kaliningrad Regional Court dated September 11, 2006, these court decisions were canceled in the part of recognizing the right to the appointment of an early retirement pension for old age, a new decision was made to refuse to satisfy the claims in this part. In the supervisory appeal P. asks to cancel the ruling of the Presidium of the Kaliningrad Regional Court dated September 11, 2006 and to keep the ruling of the first instance court and the ruling of the second instance court in force. By a ruling of a judge of the Supreme Court of the Russian Federation dated April 6, 2007, the case was requested to the Supreme Court of the Russian Federation and by a ruling dated June 28, 2007, it was transferred for consideration to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. Having checked the case materials, having discussed the arguments for the supervisory appeal, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it subject to satisfaction. In accordance with Article 387 of the Civil Procedure Code of the Russian Federation, the grounds for canceling or changing court decisions by way of supervision are significant violations of substantive or procedural law. When considering this civil case, a significant violation of the norms of substantive law was admitted by the supervisory instance court. Canceling the decision of the court of first instance and the ruling of the court of second instance in part and refusing to satisfy P.'s requirements for recognizing the right to assign an early retirement pension for old age, the Presidium of the Kaliningrad Regional Court proceeded from the fact that, on the basis of subparagraph 9 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" the right to early assignment of an old-age labor pension arises in connection with special working conditions, and therefore only those periods when ships of the sea, river fleet should be included in the special work experience and the fishing industry fleets were at sea, and the work of the crew of these ships was associated with special climatic conditions of work, long separation from the coast, in difficult weather and climatic conditions. The judicial board finds the indicated conclusion of the supervisory instance court illegal, based on the incorrect application and interpretation of the substantive law. In accordance with subparagraph 9 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation", an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, for men upon reaching the age of 55 , women upon reaching the age of 50, if they have worked, respectively, at least 12 years, 6 months and 10 years in the ship crew on ships of the sea, river fleet and the fishing industry fleet (with the exception of port vessels constantly working in the port water area, auxiliary and crew ships, suburban and intracity traffic) and have insurance experience, respectively, at least 25 and 20 years. Based on the literal interpretation of the specified norm of the Law, the sailing personnel of ships of the sea, river and fishing fleets enjoy the right to an early retirement pension, regardless of the type of work performed (transportation of goods, passengers or catching fish, seafood, acceptance of finished products in the field or other work), from the name their professions and positions. The departmental affiliation of the respective courts, as well as the organizational and legal form and form of ownership of the ship owner, does not matter. In this case, documentary evidence is required that the position of the employee belongs to the ship's personnel, and the vessels on which he worked do not belong to the port, constantly working in the port water area, auxiliary, traveling, suburban and intracity traffic. Similar provisions were contained in the earlier existing pension legislation, which directly follows from the meaning of subparagraph "and" paragraph 1 of Article 12 of the RF Law "On State Pensions in the Russian Federation" dated November 20, 1990. It should also be borne in mind that in accordance with paragraph 9 of the instructions of the Ministry of Social Protection of the Russian Federation of April 20, 1992 N 1-28-U "On the procedure for applying the Law of the RSFSR" On state pensions in the RSFSR "when assigning pensions in connection with special working conditions and pensions for length of service years "in the special experience, along with the periods of work in the crew of ships of the sea and river fleet for the carriage of passengers and cargo or in the fleet of the fishing industry for the extraction and processing of fish and seafood, as well as in other work during the voyage, some periods are included that immediately preceded or directly following such work. Prior to the dispatch of the ship's crew to fulfill the voyage assignment, there are paid reserves and periods when a crew member is employed in his specialty for repairs and other work necessary to send the ship on a voyage. The following periods after the end of the voyage include the periods: anchorage of the vessel in the port under loading and unloading operations, inter-voyage maintenance of the vessel or its repair, the presence of crew members at the end of the voyage on basic and additional leaves, paid reserve and time off, maternity leave, paid parental leave until the age established by law (but no later than October 6, 1992, when Article 167 of the Labor Code, as amended, excluding such a possibility came into force), temporary disability, being on business trips, as well as other periods when not transfer to another job is required. The court of first instance, when resolving the dispute, established that P. since November 10, 1994 has been working as the second electrician of the cable ship "Donets". The position of the second electrician is included in the staff of this vessel, in connection with which the court came to the correct conclusion that the position held by P. belongs to the crew of the cable ship "Donets". Also, the court of first instance established that the cable ship "Donets" by its tactical and technical characteristics belongs to the category of ships of the sea fleet and its status in the disputed period, i.e. from January 1, 1998 to August 11, 2005, did not change. During this period, the Donets ship was continuously in the campaign (constant operational readiness No. 1), and P. during the full working day he performed work in his specialty on repair and other work necessary to send the ship on a voyage. Under such circumstances, the court of first instance came to the correct conclusion about the inclusion in the special length of service, which gives the right to early assignment of an old-age retirement pension on the basis of subparagraph 9 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in Russian Federation "the period of work of P. as the second electromechanic of the cable ship" Donets "from January 1, 1998 to August 11, 2005. Taking into account the foregoing, the Judicial Collegium recognizes the decision of the Presidium of the Kaliningrad Regional Court of September 11, 2006 in terms of canceling the decision of the court of first instance and the ruling of the court of second instance and making a new decision illegal, and the decision of the Baltic City Court of the Kaliningrad Region of December 21, 2005 and the ruling of the Judicial Collegium in civil cases of the Kaliningrad Regional Court dated February 8, 2006 in terms of satisfying the requirements of P. correct and subject to remain in force. Guided by Articles 387, 390 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation determined: the decision of the Presidium of the Kaliningrad Regional Court dated September 11, 2006 in terms of canceling the decision of the Baltic City Court of the Kaliningrad Region of December 21, 2005 and the determination of the judicial collegium on civil cases of the Kaliningrad Regional Court of February 8, 2006 and the adoption of a new decision on the refusal to satisfy P.'s demands on the recognition of the right to the appointment of an early retirement pension for old age to cancel. To uphold the decision of the Baltic City Court of the Kaliningrad Region of December 21, 2005 and the ruling of the Judicial Collegium for Civil Cases of the Kaliningrad Regional Court of February 8, 2006 in terms of satisfying P.'s claims on recognition of the right to grant an early retirement pension.