Pre-retirement age. Pension reform: Once again about the pre-retirement age
The pension reform has caused quite unusual opinions among all Russians. In particular, the news about raising the retirement age caused a wave of discontent among citizens who were going to go on a well-deserved rest in the near future.
In order to soften this reform, the President of the country introduced additional benefits and guarantees for workers of pre-retirement age.
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General Provisions
It should be noted that in the legislation, before the new pension reform, the concept of "pre-retirement age" was not enshrined in any regulatory legal acts. This flaw was proposed to be eliminated by the President. In particular, the concept of pre-retirement age was introduced into legislation so that the state could provide this category of citizens with additional social guarantees. First of all, this is done in order to make the reform more loyal to citizens of pre-retirement age.
After making the appropriate changes, this status was officially confirmed. So, in accordance with paragraph 10 of Article 10 of Federal Law No. 350-FZ, “pre-retirement age” should be understood as the age period preceding the appointment of an old-age pension, the duration of which is up to 5 years.
Citizens of pre-retirement age have been assigned a certain legal status, which gives them a number of social benefits and privileges. During these 5 years, a citizen acquires the right to receive social benefits. For example:
- reduced fare;
- discounts on utility bills;
- provision of medicines;
- priority rights for gasification of dwellings;
- preferential taxation.
Currently, these benefits are given to people who are already retired, funds are allocated from regional budgets.
In particular, pre-retirees retained the right to a compulsory share in the inheritance upon reaching the age of 55 and 60, respectively - for women and men. Otherwise (without making appropriate amendments to the Civil Code of the Russian Federation), older people will be able to count on such a right upon reaching the changed retirement age, namely: 60 and 65 years.
Criminal liability has been introduced for employers in the form of large fines or compulsory work for unjustified dismissal of employees of pre-retirement age and refusal to employ such persons. These guarantees will help partially solve the problem with jobs for Russians who have already crossed the threshold of the 50th anniversary. In addition, it is planned to introduce widespread retraining and advanced training courses, which will allow elderly people to master new professions, while remaining in demand on the labor market.
Attention! By November 2018, the entire package of basic pension laws was approved by parliament and signed by the President of the Russian Federation. Important! The 5-year pre-retirement age period will be in effect until the completion of all stages of reform, which will take 10 years. In particular, after 2028, the pre-retirement age will be set at 2 years and will remain at this level in the future.
Who will qualify for pre-retirement benefits
The term "pre-retirement" will be actively used already from January 2019 to absolutely all citizens who have no more than 5 years left before retirement. That is, this includes not only persons aged 55-60, but also beneficiaries of all categories, as well as people who have fallen under the transitional provisions of the pension reform. In the latter case, we are talking about those Russians who in 2019 will retire six months later than the due date.
In this case, the age of retirement in each specific case will be determined separately - according to the corresponding time interval (the exact date relative to the moment of applying for such powers and the year of the projected onset of the retirement age).
For example, in 2024, when the generally established retirement age will increase by 3 years and will amount to 58 and 63 years, respectively, for women and men, 53-year-old women and 58-year-old men will be able to take advantage of pre-retirement benefits.
The 5-year period is also applicable when, for the appointment of a pension, they immediately take into account the achievement of a certain age and the development of special experience. This applies to those working in hazardous and difficult conditions according to the lists No. 1, No. 2 and in other difficult jobs that give the right to retire early. The onset of the pre-retirement age and, accordingly, the emergence of the right to social benefits in these cases will arise 5 years before the above grounds for the appointment of a pension arise. For example, drivers of urban public vehicles with the required special experience (15 or 20 years - depending on gender) retire at 50 (women) or 55 (men). This means that the pre-retirement age limits will be set for female drivers from their 45th birthday, and for male drivers from their 50th birthday.
Despite the fact that some Russians will not change the retirement age from 2019, they will still have pre-retirement benefits 5 years before retirement. For example, mothers with many children with 5 children can count on benefits at the age of 45, i.e. 5 years before their standard retirement age (50 years).
Age is the main criterion for classifying an applicant as a citizen of pre-retirement age when providing tax benefits and social support measures.
Depending on the name of the department to which information is required, there are criteria for classifying a citizen as a citizen of pre-retirement age. Namely:
- for the Federal Tax Service, these are persons who have reached the retirement age under the old legislation, that is, men who have reached the age of 60 and women who have reached the age of 55.
- for the Employment Center and the employer, these are persons who, in no more than 5 years, will reach the new retirement age (taking into account the transition period).
- for social security agencies, these are persons who have reached the age of 60 and 55 years (men and women, respectively) who have an insurance record required for the appointment of an old-age insurance pension in accordance with federal legislation (for 2019, this indicator is at least 10 years of insurance experience).
What benefits can be counted on
The law on raising the retirement age was adopted on July 19, in November, it includedamendments, including those concerning those citizens for whom the exit to a well-deserved rest was postponed for 5 years. A number of privileges and social guarantees can be judged right now.
For example, those preparing for retirement will receive a full package of benefits on an equal basis with pensioners. This concerns the reduction of payments for housing and communal services, preferential travel on public transport, the provision of medicines, a reduction in the base for taxation andfull tax exemption for one property (apartment, house, garage).
In addition, pre-retirees will be subject to the rights of persons of retirement age to inherit and receive alimony payments from able-bodied adult children.
Most of the laws making the appropriate changes to the current legislation have already been signed by the President of the Russian Federation. All of them began to operate from 1.01.2019.
According to the government, providing future pensioners with non-material benefits is the most painless stage of the adopted reform. This statement is motivated by the fact that the provision of a package of social benefits will be assigned to the regional budget and will not affect the financial base of the Pension Fund.
In addition, employees of pre-retirement age will be offered free medical examination, for which 2 paid days will be allocated annually.
Attention! The benefits of pre-retirees listed above will be valid only during the transition period of the pension reform, that is, until 2028. After this date, benefits will be exclusively for retirees.
A separate line is the right to early retirement, which can be received by pre-retirees if certain conditions are met. To understand this issue, you need to have an understanding of the basic concepts. For example:
- unemployed - a person who is not engaged in work and is registered with the Employment Center;
- - applying for retirement maintenance earlier than the stipulated terms, if there are grounds for this;
- impossibility of employment - lack of suitable work on the vacancy market.
If the listed conditions are met, a citizen can apply for a pension early. As noted, this requires a reason. These can be considered:
- Persons with insurance experience: women - at least 37 years, men - at least 42 years. According to the amendments to Article 8 of Federal Law No. 400-FZ, an insurance pension can be assigned 2 years earlier.
- Mothers with many children who have given birth and raised 3 children up to the age of 8 are entitled to a pension at 57 years old, 4 children are entitled to a pension at 56 years old (Article 32 of Federal Law No. 400-FZ).
- At the suggestion of the service of the Center for Employment of the Population. Available: the certificate from the CPC indicates that the citizen is not engaged in work and does not have a source of income, while he is interested in finding a job and is ready to start it. The impossibility of employment is also confirmed by a certificate from the Employment Center, which states that there is no suitable position on the job market.
In addition, an early pension can be assigned only with the consent of the citizen, and provided that no more than 2 years remain until the appointment of the old-age pension. Taking into account the president's proposal on additional guarantees for people of pre-retirement age, the period for applying for an early retirement pension may increase to 5 years, without changing the other grounds.
What support measures have been taken
Let's consider what social guarantees the state plans to offer to Russians of pre-retirement age as part of the reform.
Benefits
First of all, it should be noted the planned and implemented (by fixing the relevant legal norms in the current legislation) an increase in unemployment benefits. Proposing to amend the pension reform, the President noted that it is difficult for people over the age of 50 to find a decent job in the employment market, which for a long time has been rebuilt for young professionals. Of course, this problem needs to be solved at the state level, but it will take more than one day.
Therefore, already in April 2018, the Ministry of Labor developed and submitted for consideration a bill envisaging an increase in unemployment benefits. And in November 2018, it was adopted. According to the Decree of the Government of the Russian Federation of November 15, 2018, No. 1375, it was established: the minimum amount of unemployment benefits in the amount of 1,500 rubles, the maximum amount of unemployment benefits in the amount of 11,280 rubles - for duly recognized unemployed citizens of pre-retirement age. For 2019, the size of 11,280 rubles will also be set for the minimum wage.
Within the framework of the bill from the Ministry of Labor, it was proposed to shorten the period of payments of unemployment benefits, due to which their size should be equated to the value of the subsistence minimum. Note that today, the allowance can be paid for 36 months if a citizen is registered with the CPC and is considering vacancies for employment.
At the same time, the periods of payments for the rest of the unemployed were reduced to 6 and 3 months. And for pre-retirees, they were left at the level of 12 months (according to general rules) with the possibility of extending by 2 weeks for each year of processing in excess of the established insurance limit. But no more than 24 months.
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Retraining possibility
Labor Minister Maxim Topilin said that it is planned to allocate 5,000,000,000 rubles from the state budget to open retraining and advanced training courses for persons of pre-retirement age. Training in such centers will be conducted throughout the entire period of pension reform.
Ministries will take part in this program:
- education;
- industry and trade;
- economy and development.
In addition, the Ministry of Labor, represented by Maxim Topilin, promised an annual formation of a list of the most demanded professions and skills that could be trained in the newly opened centers. It was also noted about the comprehensive support of pre-retirees who decided to try their hand at entrepreneurship.
By mid-October 2018, the Ministry of Labor presented a draft special program for advanced training and retraining of people of pre-retirement age. According to the provisions of such a program, it involves 3 stages:
- 2018 - creation of regional coordinating bodies to identify priority areas of vocational training for pre-retirees in accordance with the needs of the labor market. It is also planned to inform citizens, tenders for the purchase of services, the formation of a training base, the creation of additional job search services and training programs for senior citizens on the portal of the vacancy base "Work in Russia";
- 2019-2020 - training 150,000 Russians, identifying effective training programs; formation of a bank of educational programs, organization of annual championships of professional skills "Skills of the wise" for people over 50 according to Worldskills standards;
- 2021-2024 - training from 300,000 citizens, the formation of a planning mechanism for the needs of the labor market.
The costs of the planned activities will amount to about 31.6 billion rubles, of which 30 will fall on the shoulders of the state (federal budget). The rest will be paid by the regions from their budgets.
It is assumed that absolutely all citizens of pre-retirement age, both unemployed and employed, will be able to participate in the program. In the latter case, out of production. Duration of study - 3 months with payment of a scholarship in the amount of the regional minimum wage.
Age discrimination
This concept will not be fixed at the legislative level, but in view of the forthcoming reform it will be used quite often. In particular, the refusal to hire citizens of pre-retirement age can be called age discrimination.
There are guarantees for working pre-retirees. In particular, companies will not be able to fire such citizens because of their age. As a punishment, the Ministry of Labor proposed criminal liability, and this initiative was fully supported by Dmitry Medvedev.
The Prime Minister proposed to equalize the rights of pre-retirees and pregnant women, whom employers cannot dismiss under any circumstances for 3 years.
As a result, a package of laws introducing criminal liability for employers for unlawful refusal to hire pre-retirees and their illegal dismissal was adopted. So, according to article 144.1 of the Criminal Code of the Russian Federation, an unjustified refusal to hire or unjustified dismissal from work of a person of pre-retirement age will be punished with a fine of up to 200 thousand rubles or compulsory work for up to 360 hours.
It is also assumed that in the period from 2019 to 2028, the FIU will be obliged to transfer information about pre-retirees in electronic (and, if requested, in paper format) to various authorities, including: in the Center of Service Centers, OSSN, FTS, etc. This will be done to ensure the possibility of unimpeded implementation by citizens of the relevant benefits and other privileges.
Will it be possible to fire a pre-retirement
This is a pretty topical question. In light of the pension reform, employees near retirement age may turn into a caste of untouchables, whom employers will have to keep in the state to avoid punishment.
This is not entirely true. The fact is that, despite a number of social guarantees and privileges, general labor standards will not change, therefore, enterprise managers will be able to fire such workers on completely legal grounds. Of course, in full compliance with the prescribed procedure. For example, a reorganization of the company's staff may serve as grounds for dismissal. In this case, the manager is obliged:
- offer another position, taking into account the medical indicators and professional skills of the employee;
- notify about the upcoming dismissal at least 2 months in advance;
- report the dismissal of the pre-retirement to the employment service.
This is exactly what the legal procedure for dismissing an employee of pre-retirement age will look like. In addition, employers will be able to fire employees regardless of their age in cases of gross violation of the terms of the contract and labor laws. These include:
- failure to fulfill obligations;
- absenteeism - absence from the workplace for more than 4 hours without a valid reason;
- alcoholic intoxication.
It should be noted that after the tightening of measures of responsibility for the dismissal of pre-retirees, employers can choose preventive tactics. In particular, the concept of pre-retirement age has clear age boundaries. Given this peculiarity, nothing will prevent the heads of enterprises from dismissing employees, of course, legally before the onset of "Age X".
Despite a number of incidents associated with raising the retirement age, experts almost unanimously state that there is no other way to provide pensioners with a decent living. If the government adheres to the chosen direction, then in 10 years the average size of the pension allowance will be 40-50% of the salary, as required by the International Labor Organization Convention. How the introduced reform will actually look like, only time will tell.
Watch a video about guarantees for citizens of pre-retirement age
September 26, 2018, 21:46 Mar 3, 2019 13:34 
People who are over 50 tend to hold on to work because they understand that it is quite difficult to find a good job option at this age. While we have laws against age discrimination, employers are often reluctant to meet older applicants. Many are afraid that such workers will often get sick and are not very careful about their duties, and young bosses do not welcome older subordinates, as they feel psychologically uncomfortable with them.
People of pre-retirement age are especially vulnerable. Are there any labor guarantees and benefits for them? Can an employer lay off or lay off an employee a couple of years before retirement? And what if you are still unemployed? The Ministry of Labor and Social Protection of Belarus, together with Zvyazda, held a round table “Everything about the pre-retirement age”, at which specialists tried to answer the most common questions that people of pre-retirement age might have. The discussion was attended by Elena DRONOVA, Head of the Pension Provision Organization Department of the Main Pension Provision Department of the Ministry of Labor and Social Protection, Tatyana RAKHUBO, a consultant of the Main Legal Department, and Irina SHEVCHENKO, a consultant of the Employment Policy Department.
Collective agreement guarantees
- What is the pre-retirement age and how will it change with an increase in the retirement age?
Tatiana Rakhubo:
The pre-retirement age was determined by Presidential Decree No. 180 of April 12, 2000 and established two years before reaching the generally established retirement age. As you can see, we have moved away from a specific reference to age, since the retirement age will change. Accordingly, the pre-retirement age will also change.
Currently, we have a phased annual increase by 6 months of the generally established retirement age, and from January 1, 2022, men will retire at 63 years old, and women at 58 years old. This year the retirement age is 56 for women and 61 for men. Accordingly, the pre-retirement age is 54 for women and 59 for men.
- What labor guarantees are provided for the pre-retirement age?
Tatiana Rakhubo:
Regardless of the type of enterprise, the law provides for a guarantee of contract extension or the conclusion of a new one for employees who have reached the pre-retirement age. But this guarantee is only valid if the employee is not subject to disciplinary action. In other words, in order for the employer to renew the contract or enter into a new one, the employee should not have any remarks, reprimands, reduction of bonuses as a result of violation of labor or production and technological discipline. Otherwise, the employer may decide to extend the employment relationship, regardless of the employee's pre-retirement age - and this will be within the law. The law does not provide any further guarantees for such workers.
But I want to point out that collective agreements and agreements may include broader norms. And in practice, there are examples when in the collective agreement the pre-retirement age is set, say, three years before reaching the generally established retirement age. That is, at the request of the labor collective, broader guarantees can be established than is prescribed in the law.
- How will the early retirement age change in connection with the increase in the retirement age?
Elena Dronova:
Pension legislation provides for the right to early retirement taking into account employment in special working conditions, as well as taking into account long-term employment in certain types of professional activity. This right is also possessed by persons with a certain social status: mothers with many children, parents of disabled children, mothers of dead servicemen and some other categories.
The early retirement age has been established, as well as the generally established retirement age, which increases by 6 months every year. But at the same time, the difference - for example, 5 or 10 years earlier - remains.
- Can an unemployed person of pre-retirement age retire early?
Irina Shevchenko:
An unemployed person who is entitled to unemployment benefits for 52 calendar weeks, in case of impossibility of employment, may retire early at the suggestion of the employment service, but not earlier than one year before the generally established age.
Separately, I would like to draw your attention to the fact that in order to be eligible for unemployment benefits for 52 calendar weeks, an unemployed man must have at least 38 years of experience, and a woman at least 33 years. And yet they should be eligible for such assistance in general, because when registering as unemployed, not everyone is assigned unemployment benefits.
For example, such assistance may be denied to someone who was dismissed from a previous job of his own free will or by agreement of the parties (if an employment contract was concluded for an indefinite period), as well as for absenteeism, etc. But if the employee has not been extended the contract or he was laid off for layoffs, this is considered a good reason and unemployment benefits will be awarded.
Let's dwell on such a concept as the impossibility of finding a job. The employment service solves this issue individually, since in each individual case the criteria for a suitable job may be different. For example, if a person applied after a long break from work, almost any job offered would be considered suitable for him. If a person quit and immediately after that applied to the employment service, a job corresponding to his education and experience will be considered suitable for him.
And it should be noted once again that the determining factor in order to go on early retirement is not the desire of the unemployed - this initiative should come from the employment service in case of impossibility of employment.
Also according to Art. 22 of the Law "On Employment of the Population" an employee who was dismissed in connection with the liquidation of an enterprise, but not earlier than 2 years before the generally established retirement age, and also in case of impossibility of further employment, can go to early retirement.
Who can be fired at pre-retirement age?
Reader question:
- I have reached retirement age, but the pension has not been assigned to me, since there is not enough work experience. I want to finalize the experience. Can I contact the employment service for help? Will I be registered as unemployed?
Irina Shevchenko:
The ban on registration as unemployed is introduced only in relation to citizens who have been assigned an old-age pension, a seniority pension or a professional pension.
Thus, if you have reached the statutory retirement age, but you are not entitled to a pension, you are eligible to register as unemployed. And you, on an equal basis with other unemployed, will be paid social benefits provided for in accordance with the legislation on employment in the form of unemployment benefits, scholarships during training in the direction of labor, employment and social protection authorities, material assistance to the unemployed and their families who are on their content, as well as the necessary assistance in employment will be provided, including referral to training, assistance in organizing entrepreneurial activities with financial support in the form of a subsidy.
Reader question:
- I was hired during the absence of the main employee with the conclusion of an employment contract. Can I be fired if the main employee leaves social parental leave, when I only have a year left before reaching retirement age?
Tatiana Rakhubo:
Yes they can. When hiring a temporarily absent employee for the duration of the duties of a temporarily absent employee, a fixed-term employment contract was concluded with you as a substitute employee. If the main employee leaves for work, the fixed-term employment contract concluded with the employee who was accepted during the absence of the main employee is terminated. Any employee, including those of pre-retirement age, can be dismissed on this basis.
Guarantees for the mandatory extension of labor relations for workers of pre-retirement age apply only to those who work under a contract, as well as in the case of a contract with an employee whose labor contract was concluded for an indefinite period. Such guarantees do not apply to those employed in seasonal, temporary work.
- Is an employee of pre-retirement age obliged to undergo certification, recertification at the request of the employer, can he be sent to refresher courses?
Tatiana Rakhubo:
Only pregnant women, women who have left parental leave (within a year) and young professionals are not subject to certification and recertification. All other employees are fully covered by labor legislation, including employees of pre-retirement age.
The same goes for continuing education. There are no age restrictions. While a person is working, he must improve his qualifications, especially since there are professions where almost an annual advanced training is a vital necessity.
Unemployed at pre-retirement age ...
Irina Shevchenko:
The Employment Law contains additional guarantees in the field of employment promotion. In particular, the categories of citizens in particular need of social protection and unable to compete in the labor market on equal terms with others have been identified. These are orphans, people with disabilities, people who have returned from places of detention, including those of pre-retirement age.
Local executive committees establish reservations for certain categories of citizens in particular need of work, including those of pre-retirement age. Enterprises are prescribed the number of jobs for which they during the year, in the presence of vacancies, must take in the first place just such categories of people. And, as a rule, organizations strive to fulfill these quotas.
At the same time, if you only knew how often you can face reluctance to study, improve your qualifications! For example, a worker with a 3rd grade comes to the employment service. And the new conditions of production require that the grade be at least 5th. But many men at the age of 50 consider it unnecessary to master a new, higher category.
And how many persons dismissed for absenteeism apply to the employment service? The employer does not want to hire such people, not because they are old, but because he sees that they are unreliable workers. Many simply do not seek to compete in the labor market. But then let them not be offended that no one wants to hire them.
No one can oblige the employer to hire a person who does not suit him as an employee, does not fit according to some criteria. When considering a candidate for a vacant job, the employer has the right to choose an employee, since he is primarily responsible for the effective functioning of the organization as a whole.
A lot depends on ourselves. Today it is quite easy to get additional education - to retrain, master a new profession, you can get almost any education remotely. Maybe someone at this age wants to retrain to be a hairdresser or a manicure specialist and afterwards will earn more than, for example, before, as an accountant ...
If there is a qualification, documents on the acquired additional skills and abilities, then a specialist at 50 can be quite competitive.
Svetlana BUSKO
Photo by Sergey NIKONOVICH
It should be noted that until 2018 pre-retirement age was considered 2 years before retirement... According to the law, pre-retirees were entitled to only one benefit - the opportunity to apply for a pension early ( two years ahead of schedule), if .
From January 1, 2019 pre-retirees who are residents of Moscow will be eligible for:
- free travel in public transport (including the metro), rail transport in suburban traffic;
- free production and repair of dentures;
- free vouchers for sanatorium-resort treatment through the social services. protection (in the presence of medical indications);
- free medical examination;
- targeted assistance to citizens in difficult life situations (in the form of cash payments, assistance with food, equipment, etc.).
For residents of Moscow who have the title of "Veteran of Labor" or "Veteran of Military Service" Benefits will be provided for paying for housing and communal services (in the form of a 50% discount), compensation for paying for telephone services, 1000 rubles will be paid monthly, if the citizen's income per year is not more than 1.8 million rubles.
Retraining pre-retirees
For retraining and advanced training people of pre-retirement age, the Ministry of Labor has developed a draft program, for the implementation of which it is planned to allocate annually 5 billion rubles each Within the framework of the activities of this program, it is planned to organize vocational training, which will allow the pre-retirement to acquire new skills, develop competencies, and be in demand in the labor market.
The training will be aimed at acquiring the following professional skills:
- obtaining qualification categories, classes, categories by profession (without changing the level of education);
- skills in working with specific equipment, programs, technologies, etc.
According to the published project, the program does not provide for training in a completely new profession, but is aimed only at the professional growth of competencies within the existing specialty, the acquisition of new skills that will be necessary in the work (for example, teaching skills, mentoring, working with reporting programs, etc.)
The cost of one course of study is estimated by the Ministry of Labor in 29.9 thousand rubles., but for citizens of pre-retirement age, such training will be paid from the budget(that is, it will be free). Will retrain within 3 months with a break from the main work. During the training period, you will be paid scholarship in the amount of the regional minimum wage.
According to the plan of the Ministry of Labor, the program will annually train 75 thousand people, and by 2024 the number of citizens who will improve their qualifications as a result of these events will exceed 450 thousand people
Criminal liability for dismissal at pre-retirement age
Vladimir Putin introduced a new law in 2018, according to which the employer will now bear responsibility for dismissal and refusal to hire citizen of pre-retirement age. Such a norm is now provided for in Art. 144.1 of the Criminal Code of the Russian Federation, according to which the punishment for such a violation will be carried out in the form of:
- fine up to 200 thousand rubles or the employer's income (his salary) for 18 months;
- or compulsory works for up to 360 hours.
This law was adopted by the State Duma on September 25 and signed by the President on October 3, 2018. October 14 the corresponding law No. 352-ФЗ dated 03.10.2018 came into force, therefore the labor rights of citizens of pre-retirement age will be protected already in 2018.
In addition to the employer's liability already provided for by law for dismissal or refusal to hire pre-retirees, measures can be taken that will stimulate employers to the recruitment and retention in the workplace of persons of pre-retirement age... For example, it can be reduced for pre-retirees.
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How old is the pre-retirement age? This question arises for personnel officers after the signing of laws to raise the retirement age. Experts will tell you how to work with employees of pre-retirement age and not receive fines.
From the article you will learn
The very concept of "pre-retirement age" (PPV) is now enshrined in the laws. In the article, we will consider the timing of the onset of PPV. This will allow employers to avoid criminal liability for the illegal dismissal of citizens who have joined the PPV.
Editorial advice... To understand the topic, read an article in the journal "Personnel Business":
The experts spoke in detail about the benefits for employees of pre-retirement age, about the new report and bans. And they even drew up instructions on how to fire an employee of pre-retirement age and not receive a fine for this.
What is the pre-retirement age in Russia
The pre-retirement age (abbreviated as PPV) is a period that lasts five years before retirement, including early retirement.
It should be borne in mind that an employee retires when he reaches a certain retirement age.
- for men - 60 years old,
- for women - 55 years old (on the basis of Article 8 of the Federal Law of December 28, 2013 under No. 400-FZ).
President Putin has proposed extending the pre-retirement age.
From January 1, 2019, Federal Law No. 350-F3 comes into force. Based on it, the retirement age will increase, and the PPV will be 5 years for both working citizens and those looking for work.
The existing benefits in connection with retirement have been retained for certain categories of workers. Details about early retirement and registration of a preferential pension read in the "Personnel System".
Pre-retirees: guarantees for PPV employees
Russia is introducing a smooth and gradual transition period to increase the age of retirement. PPV occurs five years before retirement. To protect the citizens of the PPV, criminal liability has been introduced for employers. PPV employees can't be fired or refuse to hire them because they have reached the pre-retirement age. Such amendments entered into force on October 14, 2018.
The established pre-retirement age and an increase in the retirement age presupposes the provision of certain guarantees.
Guarantees for pre-retirees:
- Employers will have to provide PPV workers with two paid days a year to undergo free medical examination.
- The maximum amount of unemployment benefits for citizens of the PPV will also be increased from 4,900 rubles to 11,280 rubles (from January 1, 2019). Payments will be made within one year.
- Special training programs will be developed and approved. Citizens of the PPV, if they wish, will be able to undergo retraining in order to acquire a new profession and master new skills.
What age is considered pre-retirement
Pre-retirement age for women
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Date of Birth |
Released date |
PPV period |
Read more in the article: What age is considered pre-retirement for women
Pre-retirement age for men
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Date of Birth |
Retirement date |
PPV period |
Read more in the article: What is the pre-retirement age for men
How to determine the pre-retirement age and increase in the retirement age
The pre-retirement age will be legalized on the basis of signed laws as part of the pension reform.
For women... The retirement age for women has been increased by five years.
The right to go early to well-deserved rest was provided for mothers with many children. If a woman has three children, the retirement period is reduced by three years, four - by four years, five or more - PV will not change. As now, women with five or more children will be able to go on well-deserved rest after reaching 50 years of age.
For men. The retirement age has been increased by five years. They will go out on a well-deserved rest at the age of 65.
For citizens who should retire in the next 2 years under the old legislation, a special privilege was established. This is the right to apply for a pension 6 months earlier than the new established retirement age. For example, according to the new retirement age, an employee will have to retire in January 2020, he will be able to do this already in July 2019. This is six months earlier.
By experience... Men with 42 or more years of experience, and women with 37 and more years of experience, are given the opportunity to go on a well-deserved rest two years earlier than the established new retirement age. At the same time, not earlier than 60 years for men and 55 years for women.
The pre-retirement age (abbreviated as PPV) is a period that lasts five years before retirement, including early retirement. The date of retirement during the transition period is based on the date of birth. The PPV period also depends on this.
PRESIDENTIAL LAW
The term "pre-retirement" settled in our country long before the start of the 2018 pension reform. Mainly, this concept was reflected in the law No. 1032-1 of 19.04.1991 "On employment of the population in the Russian Federation." A pre-pensioner was considered a citizen who had 2 years left before the onset of age, which gives the right to an old-age insurance pension (including early).
With the beginning of the pension reform, amendments were made to this law and the content of the term “pre-retirement” changed.
The amendments were formalized through the adoption of an additional federal law. This became the Federal Law No. 350 of October 3, 2018 "On Amendments to Certain Legislative Acts of the Russian Federation on the Issues of Appointment and Payment of Pensions".
The aforementioned law, which introduced the amendments, "shook up" almost all standards in the field of pension provision. The laws on social protection and assistance, on state pension provision, on insurance pension, etc. were updated and supplemented.
With regard to the issue of pre-retirees, the main result was the expansion of the age range of the category of pre-retirees, the specification of their status and benefits.
In addition, the legislator has detailed the concept of pre-retirement age through the Criminal and Labor Codes. Additional legal provisions regarding the rights of pre-retirees have appeared in the Civil, Tax and Family Codes (read more below).
Outcome: at the current stagenew law on pre-retireesdoes not imply the existence of any one framework law defining the status of "pre-retirement". The term "pre-retirees" is now used and disclosed in a whole group of laws of the pension, social, criminal, labor and other directions.
Let's take a closer look.
THE CONCEPT OF A "PRE-PENSIONER" IN THE LEGISLATION
The most specific definition of who is a pre-retirement is found in the following laws:
* "On employment in the Russian Federation" (+ amendments)
* Criminal Code
* Labor Code
In accordance with the Federal Law "On Employment of the Population", a person of pre-retirement age at the present stage is considered a citizen who has 5 or less years left before the onset of the age that gives the right to the appointment of an insurance pension for old age, including those to whom an insurance pension is assigned ahead of schedule.
The concept of a pre-retirement person is similarly defined in the Criminal Code. Article 144.1 determines that the age of a pre-retirement person is a period of up to five years prior to the appointment of an old-age insurance pension to a person.
The position of the Labor Code, reflected in Federal Law No. 353 "On Amendments to the Labor Code of the Russian Federation" dated October 30, 2018, looks identical (the amendment itself is now enshrined in Article 185.1 of the Labor Code of the Russian Federation). The article contains information about some of the rights of workers who are left five or less years before retirement.
Innovations affecting the interests of pre-retirees have also been introduced into the Tax, Family and Civil Codes. In these documents, the concept of "pre-retirees", as such, is not established. However, we are talking about them.
What does the Tax Code say?
Articles 391 and 407 of the Tax Code of the Russian Federation contain information on tax benefits for pensioners. Receiving these benefits is directly related to the fact of retirement. It is logical that with an increase in the retirement age by five years, the established preferences become available to citizens also five years later.
However, on October 30, 2018, Federal Law No. 378 "On Amendments to Articles 391 and 407 of Part Two of the Tax Code of the Russian Federation" was adopted. The amendments indicate that since 2019, “individuals who meet the conditions necessary for the appointment of a pension in accordance with the legislation of the Russian Federation in effect as of December 31, 2018” also acquire the right to these benefits.
Those. You can start using tax privileges from the age when a citizen should have retired under the old law, i.e. at 55 (w) and 60 (m) years (or younger if the person is a "beneficiary"). And this is precisely the category that, from the point of view of already modern legislation, is defined as “pre-retirees”.
What do the Family and Civil Codes say?
Federal Law No. 548974-7 "On Amendments to Article 169 of the Family Code of the Russian Federation" refers tothe right of m / f who have reached the age of 60/55 years to receive alimony (alimony from children in favor of parents).
The Civil Codesimilar wording has also been introduced. Namely: the rights of women and men who have reached 55/60 years of age are preserved to receive a compulsory share in the inheritance.
For the sake of fairness, it is worth pointing out that similar guidelines were in effect in the Family and Civil Code even before the amendments were formalized. What is the difference?
The right to a compulsory share in the inheritance and alimony previously extended, including to citizens who have reached the age of incapacity for work. This age was considered the age of 55 (w) and 60 (m) years, i.e. it was the retirement age.
It is logical that with an increase in the retirement age, the age of incapacity for work also increases. Consequently, if the Family and Civil Codes remained unchanged, then the right to alimony and a compulsory share in the inheritance would arise already at the age of 60 (w) and 65 (m) years. This is the new retirement age, and therefore the age at which disability is reached.
The legislator smoothed out this nuance and “tied” the right to these benefits not to the concept of age-related disability, but substantively to the age of 55/60. And this is precisely the age category that will basically be “pre-retirees” after the completion of the reform.
PREPENSIONER - AT WHAT AGE
Based on all of the above laws, questions arise:"Who is considered a pre-retirement?"What criteria will be taken into account by the federal and regional authorities when assigning benefits to this category of citizens? "
From the point of view of criminal, pension and labor legislation, the answer to this question is unequivocal. A pre-retirement person is a person who has five or less years left before reaching the age that gives the right to receive an old-age insurance pension. This includes, among other things, those to whom the old-age insurance pension is assigned ahead of schedule.
Who and when of the citizens will receive the status of pre-retirement was also explained to the Pension Fund - lBenefits for this category will begin five years before retirement.
Therefore, to the question of whetherwho is the pre-retirementcan be answered as follows - those who have five or less years left before retirement (including those to whom the specified pension is assigned ahead of schedule).
The retirement age under the new legislation will be 60 for women and 65 for men. Consequently, after the completion of the reform, women aged 55 and over and men aged 60 and over (or earlier, if a person has a preferential right to retire to an insurance pension) will be considered pre-retirees.
However, this will be when the pension reform is completed. And for the next few years, we have a transitional stage, where the age of a pensioner will change from year to year. Consequently, the pre-retirement age will also change.
The retirement age is increased by five years to 60/65. The increase occurs in stages, over 5 years, starting from January 01, 2019 (inclusive) to December 31, 2023 (inclusive). Each year during this period, the retirement age will increase by one additional year, therefore, the age of the pre-retirement person will also change.
In addition, within the framework of the transition period itself, there are additional nuances. We are talking about those who, according to the old law, were supposed to retire in 2019-2020, but whose retirement as a result of the new law was postponed for 1 and 2 years, respectively, i.e. postponed to 2020 or 2022.
For these citizens, a "discount" is provided due to the fact that they were the first to "come under fire" of the new reform. These persons will be able to retire for 6 months. before the new law establishes.
For example. The citizen was supposed to retire in 2019 at the age of 60 (according to the old law). Now, according to the logic of the new law, he should retire at the age of 61, i.e. 2020 year. But taking into account the indicated "discounts", this citizen will retire not at 61, but at 60.5 years. This, respectively, will be either the 2nd half of 2019 or the 1st half of 2020. We tell you more about all the nuances of the new pension law in a profile article on our website.
So, in order to determine at what age a person will be a pre-retirement (within the framework of the transition period), you first need to set the date of his retirement under the new law. 5 years (60 months) prior to the specified date,but not earlier than January 01, 2019(the entry into force of the new law on pensions), the person also becomes a pre-retirement.
In order not to dive into unnecessary details and examples, we have compiled an accurate table (taking into account the new law, amendments and nuances) about who and when will be the pre-retirement in the transition period. For example, in 2019 these are men from 1959 to 1961. birth and women 1964-1966 birth.
TABLE OF PREPENSIONERS
Men 
Women 
From 2023 onwards, the pre-retirement status will be assigned in the usual manner, i.e. exactly five years before the age of eligibility for an insurance pension, i.e. at 55/60 years old (excluding preferential categories).
REDUCED CATEGORIES
If a citizen belongs to the category of beneficiaries, then he will acquire the pre-retirement status 5 years before reaching the age that gives the right to assign a preferential insurance pension.
Otherwise, the same principles apply that we described in the previous section of the article. As in the case of ordinary citizens, some difficulties in determining the status of "pre-retirement" for privileged categories may arise in the period from 2019 to 2023.
To determine the pre-retirement age of a beneficiary, you need to know the following:
- When the beneficiary retires under the new law.
- 5 years before this, but not earlier than January 01, 2019 (the entry into force of the law), he acquires the status of a pre-retirement person with the ensuing rights and benefits.
Calculate the retirement and pre-retirement age of the beneficiary under the new law for the period from 2019 to 2023. you can use this table:
Among the various categories of citizens eligible for early retirement, mothers with many children should be singled out separately. They retire early.
Women with three children - 3 years earlier, four - 4 years earlier, five or more children - 5 years earlier. Therefore, it is necessary to determine the pre-retirement age for this category taking into account the specified parameters.
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