For expectant mother 

Early retirement operator of a gas boiler house. Ulyanovsk Regional Court - a judicial act. Is there an early pension for stokers

We have to confirm the ownership of the work book in court. Also, in employment records, the name of the position often does not correspond to the name of the list position.If an incorrect or inaccurate record is found, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of the official document of the employer who made the mistake ... In this case, the employer is obliged to provide the employee with the necessary assistance when he applies. If the organization that made an incorrect or inaccurate entry is reorganized, the correction is made by its successor, and in case of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document (extracts from orders, personal accounts and payroll).

Early retirement pension for boiler room stokers

When determining the right to preferential pension provision for boiler drivers (stokers), the following should be borne in mind. Boiler room driver (fireman) is the full name of the profession (ETKS; issue 1). In accordance with ETKS, the driver (fireman) of the boiler room serves hot water and steam boilers, both in the boiler room and separately located (incl.
h. on steam railway cranes), as well as heating network boilers or crumpled steam stations located in the service area of ​​the main units.

Attention

All of these jobs are eligible for retirement benefits. A prerequisite for the appointment of a pension according to List No. 2 to the driver (fireman) of the boiler house is the maintenance of boilers operating on solid fuels (coal and oil shale). This circumstance must be confirmed by documents in each specific case. Workers who are engaged in servicing hot water and steam boilers (incl.


h.

Pension provision for drivers (stokers) of a coal-fired boiler house

With these works, the drivers (stokers) of boiler houses must be employed full time, which must be confirmed by the results of certification of workplaces for working conditions. In the case when the work of boiler houses is of a seasonal nature, that is, for a certain period of the year, the corresponding workers perform only repair work, these periods of their work are not included in the preferential experience. Workers by profession "boiler operator" do not enjoy the right to an old-age pension on preferential terms.


This profession was introduced in Issue 1 "Professions of workers common to all sectors of the national economy" of the Unified tariff and qualification reference book of jobs and professions of workers by the decree of the State Committee of Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated November 27, 1984 No. 342 / 22-123 in connection with a significant increase in the number of boiler houses working on liquid and gaseous fuels.

Pension assignment - boiler operator (fireman)

If the work of the boiler house was carried out seasonally (heating season), then the periods of work after its end are not counted towards the length of service in the relevant types of work, since the driver (fireman) of the boiler house was not actually employed in the work stipulated by List No. 2, but was engaged in repair work. To set off these periods in the preferential experience, it is necessary to submit a clarifying certificate confirming the nature of the boiler house (seasonal or year-round), the duration of heating seasons and the use of solid fuel (coal or oil shale) for the operation of boilers. When accepting a work book for consideration, all entries in the work book are checked.
Often, on the title page of the work book, there is an error in the spelling of the surname, name, patronymic or date of birth, which leads to an inconsistency of this information with the data in the passport or in the birth certificate.

Does a boiler room fireman have the right to early retirement?

List No. 2. The word "stoker" in the profession "Driver (fireman) of a boiler room specifies that this profession includes a fireman, therefore, if according to the work record a worker is listed as a boiler operator or a boiler room stoker, then in the first and second cases he will be entitled to early retirement benefits. ... Boiler operators (stokers) acquire the right to preferential pensions in accordance with section XXXIII of List No. 2, regardless of what buildings and premises they heat (enterprises or schools, kindergartens, libraries and other small buildings and premises are heated not by boilers, but For workers servicing such furnaces (regardless of what fuel they operate on), the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers (ETKS, issue 01) provides for the profession “Stoker”, which is listed in Lists No. 1 and 2 not provided.

An error occurred.

Important

A prerequisite for the appointment of an early pension according to the List is the maintenance of boilers operating on solid fuels (coal, oil shale) .This circumstance is confirmed in each case by documents. If the boiler house runs on a different fuel (fuel oil, firewood, etc.), the periods of work in such a boiler house are not subject to credit. In addition, to determine the right, the Rules for calculating periods of work are taken into account, which gives the right to early assignment of an old-age retirement pension (approved no.


Decree of the Government of the Russian Federation of 11.07.2002 No. 516), according to which the length of service, which gives the right to early assignment of an old-age retirement pension, includes periods of preferential work performed continuously throughout a full working day.

Is there an early retirement pension for stokers?

Info

This circumstance must be confirmed by documents in each specific case. To determine the right to early retirement benefits for the driver (stoker) of the boiler house, the thermal conductivity of hot water and steam boilers, which can be at least 3 Gcal / hour, or over 130 Gcal / hour, does not matter, as well as for what purposes steam and water are generated (for technological and household needs). If the work in the boiler room (boilers) is seasonal and at a time when the boiler room (boiler) is not working, and the machinists (stoker) are engaged in repair work, this period is not counted in the special length of service.

Case No. 2-45 / 2012

When establishing early pensions on this basis, List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, approved by the decree of the Cabinet of Ministers of the USSR of 01/26/1991, is applied. No. 10. Section XXXIII "General professions" of the specified List provides for the operators (stokers) of the boiler house (coal and oil shale), including those engaged in ash removal. With regard to the period of work before January 1, 1992. List No. 2 of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by the Decree of the Council of Ministers of the USSR of August 22, 1956, can be applied. N 1173. Section XXXII "General professions" of this List provides for machinists (stokers) employed in servicing industrial boiler houses and industrial furnaces.
Law of December 17, 2001 No. 173-FZ (List No. 2, Section XXXIII "General Professions" of position 23200000-13786), that is, an old-age pension is assigned to men upon reaching 55 years old, women - 50 years old, if they did not work, respectively less than 12 years 6 months and 10 years in the position of a driver (fireman) of a boiler house (coal and oil shale), including those employed in ash removal, and having a total length of service of at least 25 and 20 years. The driver (fireman) of the boiler room is the full name of the profession (ETKS, issue 1), therefore, the opinion that the right to a pension according to List No. 2 to a worker of this profession is given by work in the boiler room. In accordance with ETKS, the driver (fireman) of the boiler room serves hot water and steam boilers, both in the boiler room and separately located (incl.

According to our calculations, the work experience, taking into account the work only in the summer season, is about 7.5 years. How to prove the preferential treatment of his work experience? So far we have only applied to the Pension Fund of the Russian Federation with a statement, but we will definitely get a refusal, tk. the archive gives a certificate that it is not possible to give a preferential certificate. Do we have a chance in court? Witnesses even the whole village. question number No. 1578111 read 594 times Urgent legal advice 8 800 505-91-11 free of charge

  • Elena, Furmanov (Russia)! Contact the FIU, get a refusal, the FIU must prove why he refused. Contact, I will help. At least in the Ivanovsky district and Lezhnev, these issues were resolved…. Best regards, Your lawyer in Ivanovo - Vladimir Manin.

Case No. 2-339 / 2013

SOLUTION

In the name of the Russian Federation

Uvinsky District Court of the Udmurt Republic consisting of:

presiding judge Borisov V.T.,

under the secretary N.S. Trefilova,

Having considered in open court a civil case on the claim of A. G. Sizov to the Office *** 1 on the recognition of illegal the refusal to grant an early retirement pension; compulsion to include the following periods in the length of service for the appointment of an early retirement pension:

From *** to *** in the position of a motorman of a steering tug motor ship at the rate of 1 year for 1 year and 06 months,

compulsion to assign an early retirement pension for old age with ***; collection of expenses for payment of the representative's services in the amount of *** rubles and the state fee in the amount of *** rubles,

U S T A N O V I L:

Initially Sizov A.G. (hereinafter referred to as the plaintiff) filed a claim against *** 1 (hereinafter referred to as the UPF, the defendant), indicating that *** he applied to the UPF for the appointment of an early retirement pension in accordance with paragraphs. 2 p. 1 art. 27 of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation" (hereinafter referred to as the Federal Law "On Labor Pensions in the Russian Federation").

The basis for the appeal was that at the time of the appeal he was 55 years old, he worked in jobs with difficult working conditions for more than 10 years and has an insurance record of more than 25 years.

The UPF refused to grant a pension, stating that:

There is no evidence of a mandatory condition for the appointment of an early retirement pension to the driver (fireman) of the boiler house - this is the fact of servicing boilers operating on solid fuels (coal and oil shale),

The condition provided for in clause 5 of the Rules for calculating the periods of work, which gives the right to early assignment of an old-age retirement pension, approved by Decree of the Government of the Russian Federation of 11.07.2002 No. 516, has not been met, namely, work as a stoker of technological cookies for at least 80% of the main time.

The plaintiff disagrees with this decision of the defendant on the following grounds:

His labor activity began with *** in *** "in the position of a handyman. From *** to the present time he works as a boiler operator, a fireman of technological furnaces *** ". The main activity of the company is bakery production. Bread and bakery products are baked using two medium-pressure ovens of the FTL-2 brand and one low-pressure steam boiler of the E 1/9 brand. All these boilers are located in the same production room, are used around the clock and are serviced by stokers in shifts ***

The productivity of one FTL-2 furnace is more than 2.5 tons per day. The steam generated by the above boiler is used in the technological process of baking, in particular, for glossing bakery products, brewing sourdough, liquid yeast. During the work shift, I perform the following functions: maintaining the process of burning fuel in furnaces, checking the operability of the system of furnaces and instrumentation, loading the furnaces with fuel, regulating the process of burning fuel in the furnace, traction, temperature regime established for each type of bakery products, control of the combustion process and fuel consumption, cleaning of furnaces.

The existence of the claimant's insurance experience at the UPF is beyond doubt.

According to the defendant, the only reason for refusing to grant an early pension is the lack of evidence of work in difficult working conditions for at least 12 years and 6 months.

As for the wording in the work book (entry *** from ***): "translated by the operator *** of the category of boiler installations, the fireman of technological furnaces." It is necessary to pay attention to the fact that in this case we are not talking about any combination of positions or responsibilities. In this case, the entry was made taking into account the main functions that the plaintiff performs.

Based on the foregoing, and also referring to the Decree of the Government of the Russian Federation of 18.07.2012 No. 537, Decree of the Cabinet of Ministers of the USSR dated 26.01.1991 No. 10, the plaintiff believes that List No. 2 of industries, works, professions, positions and indicators with harmful and difficult conditions labor (section XXXIII) stokers of technological stoves, including stokers of industrial stoves employed in the bakery industry, were granted the right to preferential pension benefits.

In addition, he believes that the periods of work in *** "as a fireman-trainee from *** to *** and from *** to *** as a fireman-operator should also be included in the preferential length of service as work with difficult working conditions. ...

The plaintiff believes that the length of service necessary for the appointment of an early retirement pension has been worked out and he should be assigned an early retirement pension on the day of treatment, that is, with ***, since at that time his work experience with difficult working conditions was more than 12 years 6 months.

In this connection, the plaintiff asks:

To declare illegal the refusal to grant an early retirement pension;

To oblige to include the following periods in the length of service for the appointment of an early retirement pension:

S *** to *** as a trainee fireman,

From *** to *** as a fireman-operator,

From *** to *** as a fireman of technological furnaces;

To oblige to assign an early retirement pension for old age with ***;

Collect expenses for payment of the representative's services in the amount of *** rubles and the state fee in the amount of *** rubles.

At the hearing:

Plaintiff Sizov A.G. clarified the claims, asked the court to include the following periods in the length of service for the appointment of an early retirement pension at a preferential rate:

From *** to *** in the position of a minder-sailor at the rate of 1 year for 1 year and 06 months,

From *** to *** in the position of a motorman of a steering tug motor ship at the rate of 1 year for 1 year and 06 months.

The specified claims were supported in full on the grounds and arguments set out in the claim. In addition, he explained the following: during his work as a fireman in *** he worked in a boiler house on coal. Currently, the enterprise has been liquidated, documents confirming that the boiler house operated on coal have not been preserved. The archive contains only personnel and accounting documents. But at that time there was no gas in ***, all boiler houses operated on coal.

Currently works in a boiler room *** on gas fuel. His employer and he himself did not know that it was possible to receive pension benefits by working on gas fuel. Therefore, the employer did not report his work as working with harmful working conditions. But this is not the fault of the plaintiff. And the fact that he works more than 80% of his working time as a fireman of FTL-2 technological furnaces is confirmed by a clarifying certificate drawn up by his employer ***. His main job is ovens, almost all of his working time he is busy working on them. And the steam boiler is just an accessory. If there was no steam boiler, he would have been listed only as a stoker and worked only on stoves for 100% of the working time. Stoves and steam boilers are located in the same room, and, when servicing the boilers, he does not leave the stoves. All the harm comes from these ovens. To a clarifying question, he explained that there are two steam boilers in the boiler room, but only one is constantly working, the second is a spare.

On the issue of working as a fireman in *** explained that at first the boiler house worked on oil, then on wood, and then on coal. He personally worked only on coal. But he knows that according to the 1991 List, a prerequisite is not required - the operation of a boiler house on coal and oil shale. At first he was listed as a trainee, then he was transferred as a fireman. But in both positions, he did the same job. Only at first he was listed as a trainee, since he was not trained, and then he underwent training and was transferred from trainees to stokers. All work is to throw coal. There was nothing to learn.

On the issue of working as a minder-sailor, he explained that at first he worked on an earth shell ***, and then as a minder-helmsman of the raid-22 towing motor ship. Working in a floating crew in any region of Russia is considered preferential upon retirement. Especially in the Far North region. And for some reason he was not counted as work in difficult and harmful working conditions.

The representative of the plaintiff *** 6 acting on the basis of the oral petition of the plaintiff Sizov A.G., considers the stated requirements to be satisfied, since the decision to refuse to establish an early retirement pension for the plaintiff was made unlawfully. The disputable periods of the plaintiff's work must be counted in a special length of service, which gives the right to an early assignment of a retirement pension due to the fact that until 1991 there was no requirement for a fireman to work on solid fuel. Therefore, the plaintiff is not obliged to prove what kind of fuel he worked in *** The fact that, working as a fireman for ***, he serves more than 80% of his working time on stoves, the work on which is precisely related to work with harmful conditions labor, confirmed by a clarifying certificate from his employer and the testimony of witnesses. Work in the High North should also be counted towards preferential length of service.

The representative of the defendant UPF - *** 7, acting on the basis of a power of attorney, did not admit the claim, explaining that the plaintiff applied to the department of appointment, recalculation, payment of pensions and assessment of pension rights of insured persons *** on the issue of establishing an early labor old-age pension in in accordance with paragraphs. 2 clause 1 of Art. 27 of the Federal Law "On Labor Pensions in the Russian Federation", according to which an old-age labor pension is assigned before reaching the age established by Art. 7 of the Federal Law "On Labor Pensions in the Russian Federation" to men upon reaching the age of 55, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and have an insurance record of at least 25 years.

He was denied this due to the fact that the controversial periods of his work cannot be credited to the length of service, which gives the right to early retirement benefits. The UPF, having come to this conclusion, applied Lists No. 1 and No. 2, approved by the decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 (hereinafter referred to as Lists No. 1 and No. 2 of 1991) and Lists No. 1 and No. 2, approved by the decree of the Council of Ministers of the USSR dated August 22, 1956 No. 1173 (hereinafter referred to as Lists No. 1 and No. 2 from 1956), the Rules for calculating the periods of work giving the right to early assignment of a retirement pension, approved by the Government of the Russian Federation dated July 11, 2002 No. 516, clarification of the Ministry of Labor of the Russian Federation dated 17.10.2003 No. 4.

The length of service of the plaintiff in areas equated to the Far North is credited to the plaintiff in the total length of service in calendar terms on the basis of subparagraph 6 of paragraph 1 of Art. 28 FZ "On labor pensions in the Russian Federation". In concessional terms, these periods can be set off only upon retirement for old age and disability. But work in difficult working conditions and work in areas equated to the regions of the Far North are not summed up.

As for the periods of work in ***, indeed the 1956 Lists do not provide for a prerequisite - work on solid fuel. However, these lists are not applicable in this case, since they do not contain the positions of the plaintiff “trainee stoker” and “stoker-boiler operator”. Section XXXII "General professions" of List No. 2 provides for the item "Firemen of industrial boiler houses and industrial furnaces". The archival certificate from *** indicates that there are orders to grant leave to the plaintiff as a boiler operator. And the work of a boiler operator is not included in the preferential experience.

If we apply the 1991 Lists, then the disputable periods are also not subject to offset, since List No. 2 in Section XXXIII "General Professions" reflects the position on ash removal ". And the plaintiff did not prove the fact that he worked in the boiler house on coal and oil shale. For the periods of work in *** "there are no documents confirming the operation of solid fuel boilers (coal and oil shale).

On the issue of the periods of work of the plaintiff for ***: Clause 5 of the Rules for calculating the periods of work, which gives the right to early assignment of an old-age retirement pension, approved by the Government of the Russian Federation of 11.07.2002 No. 516, provides for the condition - work as a stoker of technological furnaces at least 80% main time. And according to a certificate specifying the length of service, giving the right to early retirement benefits, issued by *** "from ***, the plaintiff worked full-time in two positions - an operator of the 4th category of boiler plants and a stoker of technological furnaces. One of these positions entitles you to a benefit (fireman ...), while the other (operator ...) does not. The plaintiff did not prove that 80% of the working time worked as a stoker for technological furnaces. For this reason, the disputable period was not included in the grace period.

When asked by the court, she explained that the UPF does not dispute the fact that the plaintiff has an insurance record of 25 years. But he does not have the necessary preferential length of service for the early appointment of a pension.

Based on the foregoing, the court asks the court to refuse the plaintiff to satisfy his claims, including the collection of court costs for paying the state duty and the services of a representative.

Witness *** 8 testified that the plaintiff Sizova A.G. knows from joint work in *** ": witness from *** to the present works as the plaintiff as an operator of boiler plants, a fireman of technological furnaces. This fact was confirmed by the work book. In total, the company employs 4 stokers, shift - 12 hours. The work is round the clock. It operates two ovens and two steam boilers. They all run on gas. Steam is supplied to the steering wheel for heating. Both boilers and stoves are located in the same room with an area of ​​approximately 200 sq. M. The stokers are constantly in this room, it is forbidden to leave, although the room is very hot: in summer the temperature is +500, in winter - +300. The ovens work around the clock. It is impossible to breathe, there is no ventilation. Forced to keep the doors open. Very noisy.

Witness *** 9 gave testimony similar to the testimony of witness *** 18 He also works as a fireman in ***. " His work record also contains two positions - operator and fireman. He confirmed his testimony with a work book. His duties include lighting the stove, monitoring the temperature. Ovens cannot work without steam boilers; bakery production requires steam. Both boilers and stoves are located in the same room, in which the stokers have a full working shift - 12 hours.

Witness *** 10 testified that until *** he worked in *** "as a chief engineer. Knows the plaintiff Sizov A.G., hired him, since the latter was his subordinate. The boiler room contains two furnaces and two steam boilers E-1/9 (the so-called "yeshki"). They are independent of each other. Boilers work constantly, but stoves do not, you need to constantly monitor them, manually adjust the temperature. You cannot move away from the ovens, as the products may burn out or vice versa. Therefore, all 100% of the working time stokers are at the stoves.

Witness *** 11 testified that he knew Sizov as a work colleague at one enterprise. The witness works as a mechanic in *** ", repairs equipment. Uncomplicated repairs to the boiler room equipment are carried out by the stokers themselves, and if the repair is complex, if the witness is doing it together with the stokers. The stoker is very noisy, stuffy, smells of gas. There are 2 ovens and 2 boilers. One boiler works constantly, the other is a reserve one.

The court, after hearing the explanations of the parties, the testimony of witnesses and having studied the case materials, comes to the following.

DECIDED:

In satisfying claims *** 26 against the Office *** 1 on recognizing illegal the refusal to grant an early retirement pension; compulsion to include in the length of service for the appointment of an early retirement pension periods of work from *** to ***; compulsion to assign an early retirement pension for old age with ***; to refuse collection of expenses for payment of the representative's services in the amount of *** rubles and the state fee in the amount of *** rubles.

The decision can be appealed to the Supreme Court of the UR through the Uvinsky District Court of the UR within one month from the date of the decision in the final form.

The final solution was produced by ***.

Presiding Judge V.T. Borisov

Court:

Uvinsky District Court (Udmurt Republic)

Reply from 02/04/2013 08:10

The drivers (stokers) of the boiler house enjoy preferential pension benefits in accordance with Art. 27 clause 1.2. Law of December 17, 2001 No. 173-FZ (List No. 2, section XXXIII "General professions" of position 23200000-13786), that is, an old-age pension is assigned to men upon reaching 55 years old, women - 50 years old, if they did not work, respectively less than 12 years 6 months and 10 years in the position of a driver (fireman) of a boiler house (coal and oil shale), including those employed in ash removal, and having a total length of service of at least 25 and 20 years. The drivers (stokers) of the boiler house enjoy preferential pension benefits in accordance with Art. 27 clause 1.2. Law of December 17, 2001 No. 173-FZ (List No. 2, section XXXIII "General professions" of position 23200000-13786), that is, an old-age pension is assigned to men upon reaching 55 years old, women - 50 years old, if they did not work, respectively less than 12 years 6 months and 10 years in the position of a driver (fireman) of a boiler house (coal and oil shale), including those employed in ash removal, and having a total length of service of at least 25 and 20 years. The driver (fireman) of the boiler room is the full name of the profession (ETKS, issue 1), therefore, the opinion that the right to a pension according to List No. 2 to a worker of this profession is given by work in the boiler room. In accordance with ETKS, the driver (fireman) of the boiler room serves hot water and steam boilers, both in the boiler room and separately located (including on steam railway taps), as well as heating network boiler installations or crumpled steam stations located in the service area of ​​the main aggregates. All of these jobs are eligible for retirement benefits. A prerequisite for the appointment of a pension according to List No. 2 to the driver (fireman) of the boiler house is the maintenance of boilers operating on solid fuels (coal and oil shale). This circumstance must be confirmed by documents in each specific case. To determine the right to early retirement benefits for the driver (stoker) of the boiler house, the thermal conductivity of hot water and steam boilers, which can be at least 3 Gcal / hour, or over 130 Gcal / hour, does not matter, as well as for what purposes steam and water are generated (for technological and household needs). If the work in the boiler room (boilers) is seasonal and at a time when the boiler room (boiler) is not working, and the machinists (stoker) are engaged in repair work, this period is not counted in the special length of service. Boiler operators (stokers) who, along with servicing hot water and steam boilers, carry out ash removal work, or are only engaged in ash removal from furnaces and boiler bunkers, also enjoy the right to an early-assigned old-age labor pension in accordance with List No. 2. The word "stoker" in the profession "The driver (fireman) of a boiler room specifies that this profession includes a fireman, therefore, if according to the work record a worker is listed as a boiler operator or a boiler room fireman, then in the first and second cases he will be entitled to early retirement benefits. Boiler operators (stokers) acquire the right to preferential pensions in accordance with Section XXXIII of List No. 2, regardless of what buildings and premises they heat (enterprises or schools, kindergartens, libraries and other small buildings and premises are heated not by boilers, but For workers servicing such furnaces (regardless of what fuel they operate on), the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers (ETKS, issue 01) provides for the profession "Stoker", which is listed in Lists No. 1 and 2 is not provided.According to the Decree of the Government of the Russian Federation of July 24, 2002 for No. of an insured person is confirmed by a work book, other documents issued by employers or relevant government agencies, after registration of a citizen as an insured person - on the basis of information from individual (professional) records.

Refusal to assign a pension to the fireman of the school boiler room
Document dated 08/10/2010, published on the website on 09/01/2010 under the number 20078, 2nd civil, On the recognition of the right to early appointment of an old-age pension, the decision (main requirement) was canceled in full with the case being sent for a new consideration

U L I N O V S K I J O B L A S T N O J S U D

U L L I N O V S K I YO B L A S T N O Y S U D

Case No. 33- 2882/2010 Judge Aristova AND.The.

DEFINITION

The Judicial Collegium for Civil Cases of the Ulyanovsk Regional Court composed of:

presiding Zhadnov Y.M.,

judges Baboido I.A., Kostyunina N.V.,

under the secretary A.O. Taranova

considered in an open court session a civil case on the appeal of the Office of the Pension Fund of the Russian Federation in the Cherdaklinsky district of the Ulyanovsk region against the decision of the Cherdaklinsky district court of the Ulyanovsk region of June 24, 2010, according to which it was decided:

To satisfy the claims of Lisin S *** A ***.

To recognize the decision of the Office of the Pension Fund of the Russian Federation (a state institution) in the Cherdaklinsky district to recognize the commission's decision to refuse to grant a pension on preferential terms and to recognize the right to grant an early retirement pension as illegal.

Include in the special work experience Lisina S *** A *** the periods of work from 07/31/1996 to 02/15/2000, 02/16/2000 to 12/03/2009. in the position of the senior stoker of the boiler room C *** of the secondary school.

Obligate the Management of the Pension Fund of the Russian Federation (state institution) in the Cherdaklinsky district to appoint Lisin S *** A *** an early retirement pension from December 04, 2009.

Having heard the report of Judge N.V. Kostyunina, the judicial board

U S T A N O V I L A:

Lisin S.A. applied to the court with a claim, clarified in the course of the trial, to the Office of the Pension Fund of the Russian Federation (state institution) in the Cherdaklinsky district on the appointment of an early retirement pension from 04.12.2009.

In support of the stated requirements, he indicated that the defendant did not count the periods of work from 07/31/1996 to 02/15/2000, from 02/16/2000 to 12/03/2009 as a senior fireman of the boiler room C *** of the secondary school in the experience with difficult working conditions in connection with due to the fact that no documents were submitted confirming the maintenance of boilers operating on solid fuel (coal and oil shale) and the nature of the work. Since during the indicated periods he constantly worked as a fireman, after the end of the heating season he was engaged in cleaning heating devices, his special experience is more than 12 years 6 months, insured for more than 30 years, he has the right to early assignment of retirement pension due to difficult working conditions.

Having resolved on the merits the claims stated in the case, the court ruled the above decision.

In a cassation appeal, the Office of the Pension Fund of the Russian Federation in the Cherdaklinsky district of the Ulyanovsk region asks to cancel the court's decision as made with a significant violation of substantive law, to issue a new one to dismiss the claim. At the same time, he points out that the periods of work of the plaintiff in the position of a senior stoker cannot be counted in the special length of service, since the constant employment of Lisin as a driver (stoker) of a boiler room (fueled by coal and shale), including those engaged in ash removal, has not been confirmed. The work of a stoker is seasonal in nature, the period when stokers are engaged in repair work is not counted in the special experience.

Having checked the case materials, having discussed the arguments of the cassation appeal, having heard the representative of the UPF RF in the Cherdaklinsky district Motkova L.B., who supported the arguments of the complaint, Lisin S.A., who objected to the satisfaction of the complaint, the judicial board finds the decision to be canceled with the direction of the case for a new consideration in connection with with the lack of evidence established by the court of first instance of the circumstances relevant to the case.

From the materials of the case it is seen that 04.12.2009 year Lisin S.A. applied to the defendant with a statement on the appointment of an early retirement pension in connection with work with difficult working conditions.

By the decision of the GU UPF RF in the Cherdaklinsky district of the Ulyanovsk region of 16.12.2009, the plaintiff was denied a pension due to the lack of special experience. The period of work as a senior fireman C *** of a secondary school from 31.07.1996 to 03.12.2009 was excluded from the experience of work with difficult working conditions due to the lack of documentary evidence of permanent employment as a driver (stoker) of a boiler room (coal and oil shale), including engaged in ash removal. The period of work from 16.02.2000 (from the date of Lisin's registration in the compulsory pension insurance system) is not confirmed by an extract from an individual personal account as a period with special working conditions.

In accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation" dated 17.12.2001. No. 173-FZ, an old-age labor pension is assigned to men upon reaching the age of 55 and to women upon reaching the age of 50, if they have worked in jobs with difficult working conditions (List No. 2), respectively, for at least 12 years 6 months and 10 years and have insurance experience, respectively, at least 25 and 20 years.

In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease in age (men - 60 years, women - 55 years) by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women.

Section XXXIII of List No. 2, approved by the decree of the Cabinet of Ministers of the USSR dated 26.01.1991. No. 10, the operators (stokers) of the boiler house (fueled by coal and oil shale) are envisaged, including those involved in ash removal.

Thus, a prerequisite for the appointment of a pension according to List No. 2 to the driver (fireman) of the boiler house is the maintenance of boilers operating on coal and oil shale. This circumstance must be confirmed by documents in each specific case.

When considering the case, the court concluded that Lisin had been assigned an early retirement pension and credited to his special length of service for the period of work as a senior fireman C *** of a secondary school from 07/31/1996 to 12/03/2009 due to the fact that the plaintiff was working in difficult conditions established by the court. In this case, the court proceeded from a certificate issued by the education department "Cherdaklinsky District" that the boiler house has been running on solid fuel (coal) since its commissioning since 1990; from orders for 1997-2009. on granting Lisin 28 working days of summer vacations; from an act of documentary verification of 23.06.2010, carried out by the pension fund, from which it follows that Lisin worked as a fireman in C *** secondary school during the disputable periods, has an additional payment for night hours for some months. The court did not provide any other evidence in support of the plaintiff's special length of service.

In this case, the court did not take into account the following circumstances:

The issues of calculating the length of service in the relevant types of work are also regulated by the Rules for calculating periods of work, which gives the right to early assignment of an old-age retirement pension in accordance with Art. 27, 28 of the Federal Law "On Labor Pensions in the Russian Federation", approved by the Decree of the Government of the Russian Federation No. 516 of July 11, 2002.

By virtue of clause 4 of these Rules, the length of service, which gives the right to early assignment of an old-age retirement pension, includes periods of work performed continuously throughout a full working day, unless otherwise provided by the Rules or other regulatory legal acts, subject to payment for these periods insurance contributions to the Pension Fund of the Russian Federation.

Permanent full-time employment is one of the main conditions for granting the right to early assignment of an old-age retirement pension, which, for the purpose of uniform application of pension legislation on preferential pensions, is enshrined in Clarification of the Ministry of Labor of Russia No. 5 dated 05.22.1996. The said Clarification of the Ministry of Labor of Russia under the full working day means the performance of work in the working conditions provided for by the Lists of the relevant types of work, at least 80% of the working time.

The fact of the performance of work in the working conditions stipulated for a full working day can be proved by any means from those specified in Part 1 of Art. 55 Code of Civil Procedure of the Russian Federation.

The profession of a machinist - a boiler-house stoker was provided for by r. XIV List No. 2 1956 The list of 1991 includes the profession of a boiler-house fireman (fueled by coal and oil shale).

The court has not found out whether Lisin performed the work of a driver (stoker) of a solid fuel boiler house in the disputed period during a full working day, how he combined the work of a senior stoker, groom. Heating periods have not been established, and what types of work were carried out by the plaintiff during periods between heating periods.

The court has not reliably established on what type of fuel this boiler house worked in the period from 1996 to 2009. No assessment was given to the certificate issued by the head of the education department dated 06/18/2010 on the work of the boiler house of the school since 1990 on solid fuel (coal). On the basis of what documents this certificate was issued by the court, it has not been clarified, in the certificate itself there are no grounds for its issuance. At the same time, there is no certificate confirming the preferential nature of the plaintiff's work in the case materials.

The period of work from 16.02.2000 (from the date of Lisin's registration in the compulsory pension insurance system) is not confirmed by an extract from an individual personal account as a period with special working conditions.

The court did not take into account the decision of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions of 25.10.1974, No. 298 / P-22 (as amended on 29.05.1991), according to which additional holidays are granted to stokers when working on solid fuel.

Considering the above, by virtue of subparagraph 2 of paragraph 1 of Article 362 of the Code of Civil Procedure of the Russian Federation, the court decision is subject to cancellation.

In a new consideration of the case, the court must eliminate the above shortcomings, comprehensively investigate the factual circumstances of the case; it is necessary to carefully check whether the plaintiff's arguments that he worked during the contested period as a boiler-house stoker on coal for a full working day are true, thoroughly and fully examine the evidence presented to the court, more fully check the arguments of the parties and, taking into account the evidence collected in the case, make a decision , corresponding to the norms of the material and procedural law.

Guided by Article 361 of the Code of Civil Procedure of the Russian Federation, the judicial board

ABOUT P R E D E L I L A:

The decision of the Cherdaklinsky District Court of the Ulyanovsk Region of June 24, 2010 to cancel, to send the case for a new consideration to the same court.

Presiding

Appeal ruling of the IC in civil cases of the Omsk Regional Court dated September 09, 2015 in case N 33-6186 / 2015


The Judicial Collegium for Civil Cases of the Omsk Regional Court composed of: the presiding judge T.L. Kudrya.

judges of the regional court: Bashkatova E.Yu., Dyakova A.N.

with the secretary: Fogel I.V.

considered at the hearing from "..." the case on the appeal of the GU-UPF RF in the U.- "..." of the Omsk region against the decision of the U.-Ishimsky district court of the Omsk region from "...", which decided:

"To satisfy the claims of Sh. G. Sabirov.

To oblige the GU UPF RF in the U.- "..." of the Omsk region to include in the special experience of Sabirov Sh.G., taken into account when assigning an early retirement pension under paragraph 2 of paragraph 1 of Art. 30 Federal Law "On Insurance Pensions":

1 year 3 months 21 days of work as a stoker in N "..." (periods from 10/22/1986 to 06/01/1987; period from 09/15/1987 to 05/15/1988);

11 years 22 days of work as a stoker in N "...") (periods: from 10/01/1988 to 02/06/1991; from 11/01/1999 to 08/10/2004 (except for the periods from 06/14/2000 to 04.09.2000; from 28.04.2001 to 31.05.2001; from 02.07.2001 to 31.07.2001; from 25.08.2001 to "...", from 15.05.2002 to 31.05.2002 ., from 29.07.2002 to 22.09.2002, from 29.07.2003 but 14.09.2003, from 01.08.2004 to 10.08.2004); from 30.09.2004 to 14.06.2005: 26.09.2005 until 31.03.2010 (except for the periods from 01.08.2006 to 17.09.2006 ... from 01.09.2007 to 14.09.2007, from 01.08.2008 to 17.09.2008, from 04.07.2009 to 15 .09.2009);

3 years 10 months 11 days as a stoker in N "..." (periods: from 04/01/2010 to 06/04/2010; from 07/09/2010 to 03/11/2015 (except for the periods from 08/01/2010 to 09/08/2010, from 08/01/2011 to 09/30/2011, from 06/16/2012 to 09/04/2012, from 07/03/2013 to 09/20/2013, from 09/19/2013 to 10/06/2013, from 05/06/2014 to 06/01/2014, from 07/08/2014 to 09/09/2014);

To oblige the GU UPFR RF in U.- "..." of the Omsk region to appoint Sabirova Sh.G. early labor retirement pension under the Federal Law "On Insurance Pensions" with "...". In the rest, the stated claims should be left unsatisfied.

To collect from the GU UPF RF in U.- "..." in favor of Sh.G. Sabirov in reimbursement of legal costs associated with the payment of the state fee "..." ".

After hearing the report of the judge of the regional court Bashkatova E.Yu., the judicial board for civil cases of the Omsk regional court

INSTALLED:

Sabirov Sh.G. filed a claim with the GU-UPF RF for the appointment of a pension.

In support of the stated claims, he indicated that in March 2015 he applied to the defendant with an application for the early appointment of an old-age labor pension.

By the decision of the GU-UPF RF in U.- "..." from "..." he was denied the appointment of an early retirement pension due to the lack of special experience.

The defendant did not include the periods of work as a stoker in a boiler house operating on solid fuel (coal) in N "...": since October 22, 1986. to June 01, 1987, from September 15, 1987 to May 25, 1988; as a stoker of a boiler house operating on solid fuel (coal) in N "...": from 01.10.1988. to 06.02.1991, from 01.11.1999 to 13.06.2000, from 04.09.2000. to 27.04.2001, from 01.06.2001 to 14.05.2002, from 01.06.2002 to 29.06.2002, from 01.07.2002 to 28.07.2002, from 16.09.2002. to 28.07.2007, from 15.09.2003. to 08/10/2004, from 09/30/2004 to 16.06.2005, from 26.09.2005. until 31.03.2010; and the quality of a boiler house boiler operating on solid fuel (coal) in N "..." "in the period from 01.04.2010 to 04.06.2010, in the period from 09.07.2010 to 18.09.2013, from 07.10.2013. until 03/11/2015

Considers the refusal to grant a pension illegal.

He asked to include the indicated periods in the special length of service and to recognize his right to an early labor old-age pension from 12.03.2015.

Sabirov Sh.G. and his representative upheld the stated claims in full.

The representative of the defendant Laboda A.G. did not recognize the stated claims, explained that the periods of the plaintiff's work as a stoker should not be included in the special experience, since according to the documents presented, the seasonal nature of the work cannot be traced, it is impossible to establish whether the work took place in the production boiler house, the employment during full-time work is not traced days, there is no technical passport for the boiler, during the periods for which information on individual personified accounting was provided, information about special working conditions was provided (the benefit code was not indicated).

The court ruled the above decision.

In the appeal the representative of the GU-UPF RF in the Ust-Ishim district of the Omsk region Sheveleva I.A. I disagree with the court's decision, asks to cancel it, since the condition of the plaintiff's work has not been documented. According to the documents presented, the seasonal nature of the work cannot be traced, it is impossible to establish whether the work took place in the production boiler house, the employment of work during a full working day is not traced, there is no technical passport for the boiler. It does not follow from the statement of the personal account that the nature of the work performed in special working conditions has been confirmed. Administrative leave also cannot be included in special seniority.

In written objections to the appeal the representative of the plaintiff Surenkov G.A. objects to the stated arguments, requests to refuse to satisfy the complaint.

The persons participating in the case "..." were duly notified of the time and place of the consideration of the case on appeal (ld 204).

Having checked the materials of the case, the appeal, the panel of judges does not find grounds for canceling the decision of the court.

In resolving the dispute on the merits, the court of first instance was correctly guided by the provisions of the Federal Law "On Labor Pensions in the Russian Federation", in accordance with which an old-age labor pension is assigned before reaching the generally established age for men upon reaching 55 years of age, if they have worked at work with difficult working conditions for at least 12 years 6 months and have insurance experience of at least 25 years. If these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age provided for in article 7 of the law by 1 year for every 2 years 6 months of such work for men.

It follows from the materials of the case that "..." the plaintiff has reached the age of 55.

"..." he applied to the pension authority with an application for the early assignment of an old-age retirement pension to him as a person who worked in jobs with difficult working conditions.

By the decision of the GU-UPF RF in U.- "..." N "..." from "..." Sabirov Sh.G. the early appointment of an old-age retirement pension was denied due to the lack of work experience of the required duration.

When considering his application, the commission for considering the implementation of pension rights of citizens established that the plaintiff had insurance experience - 32 years 06 months 09 days, special experience (giving the right to assign an early retirement pension) - 01 year 06 months 00 days.

From the copy of the work book available in the materials, it follows that Sabirov Sh.G. from 13.04.1986 on 07/01/1988 worked as a fireman in N "...", in the periods from 01.10.1988. to 1991, from 01.11.1999 to 08/10/2004, from 09/30/2004 on June 14, 2005 and from 26.09.2005. to 31.03.2010 fireman in N "...", from 01.04.2010. to 04.06.2010, from 09.07.2010 on the day of applying for the appointment of a pension by the driver (fireman) of the boiler house in N "..." ".

Refusing to grant a pension, the defendant points out the lack of documentary evidence of the special nature of the work, the seasonal nature of the work.

In accordance with subparagraph "b" of paragraph 1 Decree of the Government of the Russian Federation of July 18, 2002 N 537 for the early appointment of an old-age retirement pension to workers employed in jobs with difficult working conditions, List N 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, approved by the Cabinet, applies Ministers of the USSR dated January 26, 1991 N 10.

Clause 23 of the Decree of the State Committee for Labor of the USSR of September 12, 1990 N 369 / 16-52 "On Approval of the Regulation on the Procedure for Confirming Work Experience for the Appointment of Pensions", which was in force during the disputed periods of the plaintiff's work, defines the procedure for confirming special work experience, according to which clarifying certificates of enterprises are accepted or organizations in which must be indicated: periods of work, counted in a special length of service; profession or position; the nature of the work performed; in which section, subsection, item, name of the lists or their number this period of work is included; primary documents on the basis of which this certificate was issued.

According to List No. 2 of industries, works, professions, positions and indicators that give the right to preferential pensions, approved by the Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, the drivers (stokers) of the boiler house (fueled by coal and oil shale) have the right to an early retirement pension. ), including those employed in ash disposal (section "General professions", position 23200000-13786).

The case materials contain certificates dated May 28, 2015 N 3.4, clarifying the special nature of the work and working conditions of Sh.G. Sabirova. as a driver - a stoker in boiler houses N "...", N "..." ", operating on solid fuel, indicating that the stoker manually removes slag and ash from furnaces and hot water boilers at a rate of 1 full day in hazardous working conditions.

Employment Sabirova Sh.G. at work with harmful working conditions is confirmed by an extract from the order N "..." dated 03/04/2015, according to which the driver (fireman) of the boiler room Sabirov Sh.G. a compensation payment was made in the amount equivalent to the cost of milk; the fact of using coal in the operation of the boiler house for a full working day is confirmed by certificate N "..." according to which the work of Sabirov III.G. in harmful working conditions accounted for at least 80% of the working time, in the periods from 01.04.2010. to 04.06.2010, from 09.07.2010 Until now; a passport for boiler equipment; certificate N "..." from "..." N 37, according to which the boiler Universal-6M, KVr-0.2 N 1303 was installed in the boiler room of the school, 150 tons of coal were purchased for the heating season 2010/2011, 134 tons for the heating season 2011-2014, 130 tons for the heating season 2014/2015. In addition, the consignment notes of 2010-2013 were taken into account, according to which N "..." "coal was provided.

The fulfillment by the plaintiff of work in the position of a fireman during full working hours is confirmed by pay sheets and the specified clarifying certificates.

In accordance with the job description of the driver (stoker) of the boiler room N "..." ", with which the stoker Sabirov Sh.G. was acquainted, the duties of the stoker include servicing hot water and steam boilers operating on solid fuel, crushing fuel, loading , lacing of the boiler furnace, participation in flushing, cleaning and repair of the boiler, manual removal of slag and ash from furnaces and bukkers of steam and hot water boilers, etc.

Since the title of the plaintiff's position during the disputable periods of his work as a fireman in N "..." "corresponded to that specified in List No. 2, the court, taking into account the special conditions of the plaintiff's full-time work, came to the correct conclusion about the need to include these periods in his special experience.

The defendant's objections regarding the absence of the privilege code in the information of the individual personified registration of the privilege code cannot be accepted by the judicial collegium.

Clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 11, 2012 N 30 "On the practice of court consideration of cases related to the exercise of citizens' rights to labor pensions" the right to early assignment of an old-age labor pension), to distinguish between the periods that took place before the registration of a citizen as an insured person in accordance with Federal law of April 1, 1996 N 27-FZ "On individual (personified) accounting in the compulsory pension insurance system" and after such registration.

Based on the above explanations, it can be concluded that the extract from the individual personal account of the insured person, generated on the basis of information from the individual (personified) accounting, is not the only admissible proof of proof of work experience. In particular, in accordance with clauses 6, 7 of the Rules for calculating and confirming the insurance experience for the establishment of labor pensions, approved by Decree of the Government of the Russian Federation of July 24, 2002 N 555, the main document confirming the periods of work under an employment contract is a work book of the established sample. Along with the work record, the court in the case under consideration also accepted other documents as evidence, which does not contradict the above provisions of the law.

The current pension legislation does not make a person's right to receive an old-age retirement pension (including early retirement) dependent on the employer's fulfillment of obligations to provide the Pension Fund of the Russian Federation with complete and reliable information about the employee.

Taking into account the foregoing, given that the materials of the case confirm the special nature of the plaintiff's work in the disputed periods of time, the employer's improper performance of its obligations to provide such information cannot violate the plaintiff's right to include periods of his work in a special length of service.

The panel of judges agrees with the conclusions of the district court, which included in the plaintiff's special experience both the time between heating seasons intended for the preparation of boiler equipment, as well as the time of paid vacations within the disputed periods.

Clause 4 of the Rules for calculating periods of work giving the right to early assignment of a retirement pension, approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516, provides that the length of service, giving the right to early assignment of an old-age retirement pension, includes periods of work performed continuously during the full working day.

According to clause 5 of the Clarification "On the procedure for the application of the Lists of industries, jobs, professions, positions and indicators that, in accordance with Articles 12, 78 and 78.1 of the Law of the RSFSR" On State Pensions in the RSFSR ", the right to an old-age pension in connection with special working conditions and retirement pension ", approved by the decree of the Ministry of Labor of the Russian Federation of May 22, 1996 N 29, full-time work means the performance of work in the working conditions stipulated by the Lists, at least 80 percent of the working time. At the same time, the specified time includes the time for performing preparatory and auxiliary work, and for workers performing work with the help of machines and mechanisms, also the time for performing repair work of a current nature and work on the technical operation of equipment. The specified time may include the time of performance of work performed outside the workplace in order to ensure basic labor functions.

The case materials include the Orders of the Head of the Ust-Ishim Municipal District of the Omsk Region on the beginning and end of the heating seasons for the period from 2001 to 2015 (case file 110-144), which provide for the employment of boiler house workers in the inter-heating period (May-July) to carry out repair work with payment according to the staffing table without paying for work at night. The court of first instance considered it proven that the plaintiff had performed work during the indicated periods of time that were directly related to his labor duties, and reasonably included them in the plaintiff's special length of service.

The arguments of the complaint about the seasonal nature of the boiler house work are true. However, when making calculations by the court of first instance, this circumstance was taken into account. So, the inter-heating seasons during the special experience of Sabirov Sh.G. were not included, with the exception of the above repair periods (May-July).

Contrary to the arguments of the appeal, the periods when the plaintiff was on administrative leave were not included in the special length of service.

Taking into account the fact that the special experience necessary for the appointment of an early pension was worked out by the plaintiff, the court made the correct decision on the need to oblige the defendant to appoint him such a pension from that date.

The conclusions of the court are based on the evidence available in the case, the legal assessment of which was given by the court according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation and comply with the norms of substantive law governing controversial legal relations. The court's decision is legal and well-grounded. There are no grounds for its cancellation.

Guided by Articles 328, 329 of the Code of Civil Procedure of the Russian Federation, the Judicial Collegium for Civil Cases of the Omsk Regional Court

DEFINED:

The decision of the Ust-Ishimsky District Court of the Omsk Region from "..." to leave unchanged, the appeal was dismissed.


Presiding Officer.