What is the seniority allowance and how is it calculated. The age limit for being in the state civil service: what should be remembered by the personnel officer

For several years, the authorities have been talking about the need to raise the age limit for working citizens. The reform began with the public sector. In particular, since January 1, 2019 has changed. In the new edition, among other things, it is specified what is the age limit for being in the civil service.

For ordinary officials, it increased from 60 to 65 years. If a person holds the position of an adviser or assistant, you can work longer - until the end of the term of office assigned to him. This will require a written decision of the representative of the employer, as well as the written consent of the employee himself.

Special conditions are also provided for managers. With the consent of the employee and by decision of the state body (relevant official), the contract with such a civil servant can be extended until he is 70 years old.

It is important to understand that the age limit for civil service does not increase immediately: the qualification will increase annually by 6 months. According to the amendments, male officials will have to work the full 65 years by 2026. For women, a benefit is provided - leaving work at the age of 63. Until such an age, those who leave office in 2032 will have to work.

Note that 65 and 70 years is, in principle, not the limit. At the request of the employee and with the consent of the employer, cooperation can be continued on the basis of. The only thing is that the employee will no longer be able to hold a position related to the civil service.

New retirement rules

In addition to the termination of work due to old age, officials can quit on the basis of seniority. From 2019, the length of service required for this will also change annually for six months. According to the annex table to the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”, care in 2019 will require a length of service of 16 years, and in 2019 - already 16.6 years. Those who expect to leave in 2026 must serve at least 20 years. The rules apply to both women and men.

It should be noted that, according to the current version of Law No. 166-FZ, in addition to the required length of service, federal state civil servants were also required to work for at least 12 full months in their last position. This rule does not apply to retirees who continue to work. In addition, it cannot be used if, as of January 1, 2019, a federal state civil servant:

  • has already acquired the right to a superannuation pension;
  • worked in the public sector for at least 20 years;
  • has more than 15 years of service and was previously eligible for a disability pension.

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State civil serviceIt is used to solve many issues related to the employment of a civil servant. What is the civil service experience, how it is calculated and why it is needed, we will consider in this article.

The concept of seniority in the civil service

The length of service in the civil service, including civil service, is the total length of time during which a civil servant held certain positions in the civil service system of the Russian Federation.

This category is used to regulate many organizational and financial aspects related to the work of a civil servant. Based on the length of service of the state civil service, a monthly salary increase is calculated and the number of additional days to the main vacation is determined; the amount of rewards for long service and impeccable and efficient service is calculated. In addition, civil service experience is included in the list of qualifying requirements for a person when entering a public position. Also, they are guided by the length of service when assigning a pension and calculating its size.

At the legislative level, these issues are regulated:

  • Federal Laws No. 58-FZ of May 27, 2003 “On the State Civil Service System of the Russian Federation”, No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation”, and No. 79-FZ of December 15, 2004 on State Pension Provision. 2001 No. 166-FZ;
  • Decrees of the President of the Russian Federation "On the calculation of the length of service of the state civil service of the Russian Federation ..." dated November 19, 2007 No. 1532 and "On the list of positions, periods of service (work) in which are included in the length of service of the state civil service for the appointment of a pension for the length of service of federal state civil servants » dated September 20, 2010 No. 1141 (hereinafter referred to as the List).

By decree of the President of the Russian Federation, positions are approved, the period of work in which is counted in the length of service of the state civil service. This is a pretty impressive list of 20 items. To summarize, it turns out that the length of service in the civil service takes into account the terms of employment in state (for example, the President of the Russian Federation) and municipal positions (deputy of the regional Duma from the district), in civil service positions (for example, the prime minister of a republic within the Russian Federation) , military positions and positions in law enforcement agencies, as well as some others (tax police, customs, penitentiary system, etc.).

The rules for calculating the length of service of the civil service, approved by the Decree of the President of the Russian Federation, clarify that when calculating the length of service of the state civil service of a civil servant, all periods of work in positions are summed up, the list of which is determined by law and the replacement of which is counted in the length of service of the state civil service.

You can document the length of service in the state civil service with entries in the work book, in some cases - with a military ID. If the data in the work book is erroneous or missing, then the evidence will be a certificate from the archive containing information about the periods of civil service. The calculation is carried out in calendar months and years, with every 30 days converted into 1 calendar month, and every 12 months into 1 calendar year.

Example

The citizen has worked in law enforcement agencies in a position included in the List for 6 years 4 months and 21 days. Then he worked for 8 years 7 months and 9 days in the prosecutor's office - also in a position included in the List. By mathematical addition, we get the total experience of a citizen in the public service - 15 years.

From 27.05.2003 "On the public service system of the Russian Federation" civil servants are divided into:

  • federal civil servants- These are citizens who work in the federal state structure and receive remuneration from the federal budget. Persons holding federal public office include employees of:
    • apparatuses of federal legislative bodies;
    • federal executive authorities
    • apparatus of the federal judiciary;
    • other federal state bodies (the prosecutor's office, the Investigative Committee, the Accounts Chamber, etc.)
  • Civil servants of the subject of the Russian Federation(municipal employees) are citizens working in a civil position and receiving remuneration from the budget of the corresponding subject of the Russian Federation.

The positions of the civil service themselves are determined by decree of the President of the Russian Federation of December 31, 2005 N 1574, and their pension provision - by law of December 15, 2001 N 166-FZ "On State Pension Provision in the Russian Federation".

Types of assigned pension provision

For civil servants, in accordance with Article 7 of Federal Law No. 166-FZ of December 15, 2001, pension payments are provided for both length of service and an insurance pension (in accordance with Law No. 400-FZ of December 28, 2013), if conditions for its calculation.

  • Seniority pension accruals are provided for federal civil servants (they also include municipal employees) who have reached retirement age and a certain length of service in public positions. The payment for the length of service is made from the budget of the Russian Federation, the region or the municipality.
  • If a citizen worked in non-state structures and insurance premiums were deducted for him, then he has the right to receive an old-age (disability) pension from the Pension Fund of the Russian Federation.

The retirement pension is only granted at the same time as the insurance pension by age (or due to disability).

Appointment of a pension for years of service to civil servants

In order for a retirement pension to be granted, several conditions must be met:

  • reaching retirement age (for 2018, women - 56 years old, men - 61);
  • the length of service in a public position must be at least 16 years;
  • continuous length of service in the civil service - at least 12 months before dismissal (only federal civil servants);
  • the dismissal of the employee occurred by agreement of the parties, in connection with changes in the terms of the contract, the reduction or liquidation of the state body or the achievement of the maximum age of public service.

It is possible to receive a pension before the retirement age, in which case the civil service length must be at least 25 years old and uninterrupted length of service in the public service must be at least 7 years. Also, in the event of the liquidation of a state organization or a reduction in the state organization, it is possible to receive a pension without fulfilling the condition for working out 12 months.

With work experience in the public service at least 15 years the employee can count on a pension payment in the amount of 45% of average monthly earnings minus the insurance pension.

For each year of work experience over 15 years, the payment increases by 3%, but in total the total payment cannot exceed 75% from the average salary of an employee.

The right to an insurance (labor) pension

Federal state civil servants are entitled to a share of the insurance (labor) pension in accordance with article 19 of the law "About insurance pensions" with a period of insurance experience of 15 years, which includes the term of public service, if you have the required number of points and reach retirement age.

The insurance period includes the following periods:

  • periods of activity for which contributions were paid under the OPS;
  • term of public service;
  • other periods specified in Art. 12 law "About insurance pensions".

The insurance pension provision is calculated based on the accumulated value of pension points multiplied by their value in the year of assignment (from January 1, 2018, 81.49 rubles). For civil servants, such a pension is paid excluding fixed payment.

If a citizen continues to work after retirement, for which contributions to the Pension Fund will continue to be paid, then his pension provision will be subject to recalculation. Thus, the share of the old-age insurance pension according to individual accounting data is subject to recalculation with an increase in the sum of coefficients, which depends on the amount of insurance premiums not taken into account when calculating the insurance pension when it was assigned. Recalculation takes place annually from August 1 without filing an application by a pensioner.

Law on raising the retirement age from 2017

On May 11, 2016, a law proposed by United Russia party Valery Trapeznikov was adopted, on the basis of which gradual increase in the retirement age of civil servants for women under 63, and up to 65 for men.

The law No. 143-FZ dated May 23, 2016 comes into force on January 1, 2017 and will involve an increase in the retirement age for six months annually until it reaches the set level. For men, this will happen by 2026, and for women by 2032.

The period of service for receiving a pension has also changed: if earlier it was 15 years, now civil servants will have to work 20 years. The minimum length of service, as well as the retirement age, will also increase gradually and reach the final increase by 2026.

This law also increases the term for the performance of duties for deputies of the State Duma and members of the Federation Council for accruing seniority bonuses, now it will be 5 years instead of the previously established year.

Calculation of the state pension of federal employees

The calculation of the amount of the state pension payment for length of service for federal civil servants depends on the average monthly salary of the length of service and the amount of the accrued old-age (disability) pension, and is calculated by the formula:

P \u003d (45% SZ - SP) + 3% SZ × St,

  • P- the size of the pension for years of service;
  • NW- average salary;
  • joint venture- the amount of the old-age (disability) pension;
  • St- over 15 years of experience.

The calculation does not take into account the amounts of increases in fixed payments to the insurance pension and the size of the share of the insurance pension.

The law also sets limits on the amount of the maximum payment of a pension. So the amount of the service pension and the insurance pension cannot exceed 75% average monthly salary of a federal civil servant.

Earnings from which the pension is calculated

The amount of the seniority pension depends on the average monthly earnings for the last year (12 months) of service prior to retirement. To determine the amount of this earnings the following payments are taken into account civil servants:

  1. official monthly salary;
  2. monthly salary, which is assigned to the employee according to the class rank;
  3. seniority bonus;
  4. allowance for special conditions of the federal state civil service, accrued to the official salary;
  5. allowance for work with information constituting a state secret;
  6. monthly bonus;
  7. bonus for the performance of particularly important and complex tasks;
  8. a one-time payment for annual paid leave and financial assistance.

When calculating the average monthly income are excluded from the calculation periods (accrued benefits during this time are not taken into account):

  1. vacation of an employee without saving money;
  2. leave for pregnancy and childbirth and for the care of a child upon reaching the age established by law;
  3. period of temporary disability.

The amount of average monthly earnings is calculated by dividing the total amount of payments by 12. If holidays or sick days are recorded in the billing period, then the total amount of earnings is divided by the number of days actually worked and multiplied by 21 (the average number of working days per year).

The amount of average earnings cannot exceed 2.8 of the official salary or 0.8 of the monetary remuneration established for the employee in the billing period.

Indexation of pensions for civil servants

The annual seniority pension may be subject to increase by indexation. In accordance with the Decree of May 31, 2005 N 346, it is carried out:

  • at salary increase federal civil servants - by the index of increasing such official salaries;
  • at increase in other cash payments included in the maintenance of federal civil servants - by the index of increase in such payments (weighted average).

An increase in the amount of payments also occurs in the following cases:

  • change in the amount of the old-age pension;
  • increase in public service.

Indexation of labor old-age pensions is carried out annually on February 1 at the level of inflation of the previous year. However, this provision of the legislation was suspended until 2017 and in the current 2016, the increase amounted to only 4%. After such a low indexation, the government decided to pay an additional 5000 rubles for all pensioners as compensation (January 1, 2017).

Increasing the amount of payments

In addition to the indexation of pension provision, according to Article 14 of the Federal Law of December 15, 2001 No. №166-FZ "On state pension provision in the Russian Federation", An increase in the amount of payments is provided in the following cases:

  • For each full year of service over 15 years by 3% of the average monthly salary. At the same time, the total amount of pension and fixed payment should not exceed 75% of the average monthly earnings.
  • Residents of the regions of the Far North, areas equated to it, as well as citizens who previously worked in such areas, are set a coefficient for the entire period of time spent there, in accordance with the decree of the Government of the Russian Federation. When a citizen leaves this area for permanent residence, the amount of the pension benefit will be calculated without taking into account this coefficient.

Registration of pension and necessary documents

A citizen has the right to apply for the appointment of a pension after the right to a name arises for him Chairman of the Board of the PFR, at any time with no time limit. The application must be submitted to the Pension Fund or the Multifunctional Center either independently or through a legal representative, or by mail. When sending an application through the post office, the day of circulation will be the date indicated on the stamp from the place of departure.

Consideration of the application takes place within 10 days from the date of submission of the application or submission of missing documents.

The application must be accompanied by the following the documents:

  1. passport (original and copy);
  2. a certificate of the average monthly salary in the civil service for the last full year before leaving;
  3. a certificate of the position held, confirming the length of service in public service;
  4. a certificate from the Department of the Pension Fund, on the established labor pension for old age or disability and the accrued amount;
  5. a copy of the work book;
  6. a copy of the order on dismissal from the public service;
  7. a copy of the military ID;
  8. documents confirming the activity, which are included in the length of service in public service.

The procedure for payments and accrual of pensions

The payment of a state pension is established from the 1st of the month in which the citizen applied for it, but not before the emergence of the right to it.

The allowance is transferred monthly through an organization chosen by the civil servant. As a recipient, a citizen can also use a trustee, in this case, in order to receive benefits, it is necessary to issue power of attorney.

Possible ways to deliver pension benefits:

  • Russian Post- it is possible to receive benefits both at the post office at the place of registration and at home. The date of receipt is set according to the delivery schedule.
  • Bank- through the cash desk of the bank or with a card for withdrawing funds through an ATM;
  • Benefit Delivery Organization- Receiving a pension in this case is possible through the cash desk of the organization or at home.

To approve the delivery method, you must submit an application to the FIU in which the pension benefit was issued.

Termination of payment upon continuation of service

Seniority pension payments may be suspended in the following cases:

  • While in public office. In this case, the citizen is obliged to notify the FIU within five days of the resumption of service. When a position is vacated, pension payments are resumed on the same terms at the request of a citizen.
  • When assigning a monthly surcharge to a labor pension or other additional lifelong material security. The payment for the length of service is terminated from the date of assignment of these payments;
  • For the period of work in interstate bodies, in positions for which the appointment and payment of pensions for length of service is carried out.

The payment of the insurance pension does not stop during the period of work.

The length of service in the civil service is an important indicator for both the employee and the state institution. Based on it, various decisions are made related to the appointment to positions, the accrual of pensions, allowances, additional holidays.

What is civil service experience

The length of service of the state civil service is the full period of time during which the employee carried out labor activities in the public administration system. With the help of this indicator, various organizational and financial issues related to the professional activities of an employee of a state institution are regulated.

Experience is a necessary criterion for the following actions:

The civil service is divided into federal and service of the subject of the Russian Federation. The rules of law relating to the length of service of a federal employee are reflected in the federal law. For a civil servant in a constituent entity of the Russian Federation, other requirements established by regional authorities are possible.

Issues related to the civil service experience are reflected in the following laws and acts:

  • Law No58-FZ;
  • Law No79-FZ;
  • Law No166-FZ;
  • Decree of the President No1532;
  • Decree of the President No1141.

What does it affect?

Positions

The Presidential Decree approved the list of requirements for government positions. These include seniority in the civil service and work experience in the relevant specialty.

Exists several groups of positions, each of which has its own requirements for the seniority of a civil servant.

Additional payments to the basic salary

Based on the total duration of labor activity in the public sector, an employee is charged an additional payment to the basic salary.

Additional funded leave

Each civil servant has the right to an additional number of vacation days, which is calculated in proportion to the length of service: 1 vacation day is equal to 1 working day.

The total duration of leave for specialists of higher and chief positions should be no more than 45 days, for leading, senior and junior positions - 40 days.

Additional pension

To approve an additional pension for civil servants of federal significance, 3 conditions must be met simultaneously:

  1. 15 years of service or more.
  2. The period of work in the last position held is at least one year. An exception may be layoffs caused by the closure of the institution or the reduction of staff.
  3. Legal dismissal from the civil service.

The amount of additional pension provision for civil servants of the constituent entities of the Russian Federation is established by regional legislation.

What periods of work of a civil servant are taken into account?

Presidential Decree No. 1574 introduced the list of positions related to the civil service. The period during which a civil servant held one of the positions indicated in the list goes to the total length of service of the employee. Various posts are included in this document:

  • Federal;
  • Municipal;
  • Regional;
  • Military;
  • law enforcement;
  • Others.

By decision of the management of the state body, work in positions that are not included in the list is included in the length of service of the employee. The amount of time spent by an employee on acquiring the skills and knowledge necessary for the performance of official duties is also included in the service period. Years of work in the system of state administration of the USSR count towards the general length of service of the employee.

The following periods of work cannot be included in the duration of civil service:

The length of service of a civil servant also includes some types of activities that are not reflected in the list. These include the following periods:

  • in liquidated state institutions transferred by law to federal civil services.
  • in state apparatuses reorganized into federal government bodies;
  • in the control system of the USSR;
  • in state corporations and associations created by decree of the Council of Ministers of the USSR.

The types of activities listed above are included in the length of service of an employee by decision of the management of a state institution. If for some reason this cannot be done, you should contact the Ministry of Social Development of the Russian Federation. He is authorized to decide on the accrual of seniority for civil servants.

List of documents for confirmation

A work book is considered a document certifying the length of civil service. If it is not there, then you can confirm the duration of your state work with the help of an archival certificate. It must be accompanied by copies of orders for entry into office and removal from it.

It is also necessary to confirm that the position held is related to public administration. This requires the following documents:

  • employment history;
  • regulations on the state institution where professional activities were carried out;
  • job description.

How is the calculation made

Service in the army is also included in the term of service, while there are several options:

  • if the military service was held on a contract basis, then 1 working day for 1 day of military service goes to the length of service;
  • if the military service was carried out on a conscription basis, then 2 days of civil service for 1 day of army service are counted;
  • if the conscript took part in hostilities or was in the hospital, then each day is equal to 2 days of urgent military service.

Example

Citizen Ivanov I.I. was a deputy of the regional duma from February 4, 2004 to February 3, 2008. From May 20, 1999 to October 20, 1999, he served in the army. From October 21, 1999 to July 20, 2000 he was in a hot spot.

The length of his civil service is calculated:

The procedure for calculating the length of service upon admission to the civil civil service:

  1. Commission meeting.
  2. Consideration of documents confirming the experience.
  3. Commission minutes.
  4. Publication of a legal act (order, order).

What other periods can be taken into account?

On an exceptional basis, periods of managerial work in organizations that contributed to the acquisition of knowledge and skills to perform functions in the public position may be included in the length of service of a civil servant. The maximum period in this case should not exceed 5 years.

The leadership of the state body may include other periods of labor activity in the length of service of a civil servant on the basis of the conclusion of a specialized commission.

Documents required to include a different period:

  1. A statement agreed with the immediate supervisor of the civil servant.
  2. A copy of the official regulations for the position held.
  3. Copy of work book.
  4. Documents containing information on official duties performed during the period proposed for inclusion in the length of service of the civil service (for example, job description, employment contract, regulation or charter of the institution, order on the distribution of duties).

Your attention is a video with detailed and informative information about the history of public service from its origins to the present.

1. Payment for the work of a civil servant is made in the form of a monetary allowance, which is the main means of his material support and stimulation of professional service activities in a civil service position to be replaced.

2. The financial allowance of a civil servant consists of a monthly salary of a civil servant in accordance with the position of the civil service he occupies (hereinafter referred to as the official salary) and a monthly salary of a civil servant in accordance with the class rank of the civil service assigned to him (hereinafter referred to as the salary for the class rank), which make up the monthly salary of a civil servant (hereinafter referred to as the salary), as well as from monthly and other additional payments (hereinafter referred to as additional payments).

3. The size of official salaries and salaries for the class rank of federal state civil servants are established by decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation. For certain positions in the civil service, a decree of the President of the Russian Federation may establish a monetary allowance in the form of a single monetary remuneration, which takes into account the official salary, salary for class rank and monthly allowances for official salary for length of service in the civil service, for special conditions of civil service, for work with information constituting a state secret, but bonuses and monthly monetary incentives are not taken into account.

4. The size of official salaries and salaries for the class rank of state civil servants of the subject of the Russian Federation are established in accordance with the regulatory legal act of the subject of the Russian Federation.

5. Additional payments include:

1) monthly allowance to the official salary for length of service in the civil service in the amount of:

with civil service experience as a percentage from 1 year to 5 years 10 from 5 to 10 years 15 from 10 to 15 years 20 over 15 years 30;

2) a monthly bonus to the official salary for special conditions of civil service in the amount of up to 200 percent of this salary;

3) a monthly percentage bonus to the official salary for work with information constituting a state secret, in the amount and in the manner determined by the legislation of the Russian Federation;

4) bonuses for the performance of particularly important and complex tasks, the procedure for payment of which is determined by the representative of the employer, taking into account the provision of tasks and functions of the state body, the execution of official regulations (the maximum amount is not limited);

5) monthly monetary incentive;

6) a one-time payment in the provision of annual paid leave and material assistance paid at the expense of the wage fund for civil servants.

6. The amounts of monthly monetary incentives paid to federal civil servants are established differentially for federal state bodies by decrees of the President of the Russian Federation.

7. The procedure for paying a monthly allowance for special conditions of the civil service is determined by the representative of the employer.

8. The procedure for the payment of material assistance at the expense of the wage fund for civil servants is determined by the relevant provision, approved by the representative of the employer.

9. In cases established by the legislation of the Russian Federation, a regional coefficient (coefficient) is established for the monetary maintenance of a civil servant.

10. Civil servants receive other payments provided for by the relevant federal laws and other regulatory legal acts.

11. The amount of salaries for positions in the federal civil service is increased (indexed) annually in accordance with the federal law on the federal budget for the corresponding year, taking into account the level of inflation (consumer prices). The decision to increase (indexation) the amount of salaries for positions in the federal civil service is taken by the President of the Russian Federation on the proposal of the Government of the Russian Federation.

12. The amount of salaries for civil service positions of a constituent entity of the Russian Federation is increased (indexed) annually in accordance with the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation for the corresponding year, taking into account the level of inflation (consumer prices). The increase (indexation) of salaries for the positions of the civil service of the constituent entity of the Russian Federation is carried out in accordance with the legislation of the constituent entity of the Russian Federation.

13. Federal civil servants who fill positions in the civil service in a state body located outside the territory of the Russian Federation are paid salaries in foreign currency and in rubles in the manner and in the amount established by the President of the Russian Federation and the Government of the Russian Federation.

14. For certain positions of the civil service, a special procedure for remuneration of civil servants may be established, in which remuneration is made depending on the indicators of efficiency and effectiveness of professional performance, determined in a fixed-term service contract. For civil servants, whose remuneration is made in the specified special order, the terms of remuneration established by other parts of this article are not applied. Generalized indicators of the efficiency and effectiveness of the activities of state bodies, the adoption and implementation of managerial and other decisions, as well as legal, organizational and documentary support for the implementation of these decisions, common to state bodies and civil servants, are approved by the President of the Russian Federation and the Government of the Russian Federation, respectively.

15. The list of civil service positions for which a special procedure for remuneration of labor can be established, as well as the procedure for establishing the remuneration of civil servants, provided for in paragraph 14 of this article, are approved accordingly by a decree of the President of the Russian Federation on the proposal of the Government of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation.

16. The remuneration of labor provided for by paragraph 14 of this article shall be made within the limits of the established payroll fund for civil servants.

17. Specific indicators of the efficiency and effectiveness of the activities of the state body, the adoption and execution of managerial and other decisions, as well as the legal, organizational and documentary support for the implementation of these decisions, are approved by a legal act of the state body in accordance with the specifics of its tasks and functions.