All you need to know about pre-pre-action. Pension reform: once again about pre-age age

Pension reform aroused quite extraordinary opinions among all Russians. In particular, the news of raising the retirement age caused a wave of discontent among citizens who were going to go to a well-deserved rest in the near future.

In order to mitigate this reform, the country's president introduced additional benefits and guarantees for pre-age workers.

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General provisions

It should be noted that in the legislation, to the new pension reform, the concept of "pre-mentioning age" was not enshrined by any regulatory acts. This flaw and offered to eliminate the president. In particular, the concept of pre-pre-age has been made to the legislation that the state can provide this category of citizens with additional social guarantees. First of all, this is done in order to make a reform more loyal to citizens of pre-pre-age.

After making the relevant changes, this status was officially confirmed. So, according to paragraph 10 of Article 10 of the Federal Law No. 350-ФЗ, under the "Pre-Aged Age", it is necessary to understand the preceding the appointment of the age-age pension of the age period until 5 years.

For citizens of pre-mentioning age, a certain legal status entrusted them with a number of social benefits and privileges. During data 5 years, a citizen acquires the right to receive social benefits. For example:

  • preferential passage;
  • discounts on the payment of utilities;
  • providing drugs;
  • priority housing gasification rights;
  • preferential taxation.

Currently, these benefits are endowed by people already on pensions, funds are allocated from regional budgets.

In particular, they retained the right to the obligatory share in the inheritance when reaching the age of 55 and 60, respectively, for women and men. Otherwise (without making relevant amendments to the Civil Code of the Russian Federation), older people will be able to count on such a right to achieve the changed retirement age, namely: 60 and 65 years.

Criminal liability has been introduced for employers in the form of major fines or compulsory work for the unfounded dismissal of employees of pre-age and refusal to employ such persons. These guarantees will help partially solve the problem with workplaces for Russians who have already stepped over the threshold of the 50th anniversary. In addition, it is planned by the widespread introduction of retraining and advanced training courses that will allow people of old age to master new professions, remaining in demand in the labor market.

Attention! By November 2018, the entire package of major pension laws was approved by the Parliament and signed by the President of the Russian Federation. Important! The 5-year period of prenetsion will act until the completion of all stages of reform that will take 10 years. In particular, after 2028, a predependence age will be installed in 2 years and will continue at this level.

Who can qualify for pre-advantages

The term "pre-mention" will be actively applied from January 2019. Absolutely to all citizens who have left no more than 5 years left. That is, there are not only faces aged 55-60 years old, but also beneficiaries of all categories, as well as people who have fallen under the transitional positions of the pension reform. In the latter case, we are talking about those Russians, which in 2019 will retire for half a year later than the deadline.

At the same time, the age of retirement in each particular case will be determined separately - according to the appropriate temporary segment (the exact date relative to the moment of appealing for the empowerness and the year of the predicted occurrence of the retirement age).

For example, in 2024, when the secreted retirement age will increase by 3 years and will be 58 years and 63 years - respectively for women and men, 53-year-old women and 58-year-old men will be able to use prenets for women and men.

The 5-year term is applicable and when to appoint a pension, take into account the achievement of a certain age and the development of a senseer. This refers to working in hazardous and difficult conditions on the lists of No. 1, No. 2 and on other difficult work, giving the right to retire early. The offensive of pre-age and, accordingly, the emergence of the right to social aggots in these cases will arise 5 years before the emergence of the reasons for the appointment of a pension. For example, the drivers of urban public vehicles in the presence of the required training (15 or 20 years - depending on the floor) are retired at 50 years (women) or 55 years old (men). This means that the borders of the onset of pre-age will be installed for women drivers, starting with their 45th anniversary, and for men drivers - from the 50th anniversary.

Despite the fact that some Russians retirement age from 2019 will not change, pre-advantages over 5 years before retirement will still be. For example, many families with 5 children can count on benefits already at 45 years, i.e. 5 years before the standard retirement age (50 years).

Age is the main criterion when classifying the applicant to the category of a citizen of pre-mentioning age in providing tax benefits and social support measures.

Depending on the name of the department, which requires an idea of \u200b\u200binformation, there are criteria for classifying a citizen to the category of citizens of pre-age. Namely:

  • for the Federal Tax Service - these are persons who have reached the retirement age on 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 of the population and the employer, these are persons who are not more than in 5 years reach a new retirement age (taking into account the transition period).
  • for the social protection bodies of the population - these are persons who have reached the age of 60 and 55 years (accordingly, men and women), having an insurance experience necessary for the appointment of an old-age insurance pension in accordance with federal legislation (for 2019, this figure is at least 10 years of insurance Experience).
Important! From January 1, 2019, the FIU began to work in a new direction - the Preduners software complex was introduced. Through it, all municipal and state bodies connected to ECMCO will receive topical information to provide social support measures both in relation to a particular citizen and in general in the Russian Federation. Attention! Information about the classification of citizens to pre-consumers will be stored in ECMCO and transmitted through the channels of interdepartmental interaction. You can request them as a FTS and a citizen of pre-pre-age independently. The latter can do this by handling the FIU.

What benefits can count


The law on raising the retirement age was adopted on July 19, in November, they were introduced The amendments, including those concerning those citizens for whom the way out of a well-deserved rest moved to 5 years. About a number of privileges and social garanty can be judged now.

For example, preparing to retirement will receive a full package of benefits along with pensioners. This concerns the decline in the payment of utility tariffs, preferential travel by public transport, drugs, reducing the base for taxation andfull exemption from paying taxes of one object of real estate (apartments, houses, garage).

In addition, the proposals will be distributed by the rights of persons retirement age on inheritance and obtaining aliminal payments from able-bodied adult children.

Most of the laws that make appropriate changes in the current legislation have already been signed by the President of the Russian Federation. They all began to act from January 1, 2019

According to the government, ensuring future pensioners intangible benefits is the most painless stage of the reform. This statement is motivated by the fact that the provision of the Soclgot Package will be imposed on the budget of the regions, and will not affect the financial base of the Pension Fund.

In addition, free dispensarization will be offered to employees of pre-taking age, the passage of which will be released 2 paid days annually.

Attention! The above-mentioned benefits of prenets will act only in the transitional period of pension reform, that is, until 2028, after this date, the benefits will be exclusively in pensioners.

A separate line is the right to retire early retirement, which may be obtained by compliance with certain conditions. To understand this issue, you need to have an idea of \u200b\u200bbasic concepts. For example:

  • unemployed - a person who is not engaged in labor and is registered at the employment center;
  • - appealing for pension content before the provisions provided if there are grounds for this;
  • the impossibility of employment is the lack of suitable jobs in the market.

If the listed conditions are observed, the citizen may apply for the appointment of a pension ahead of schedule. As noted, this requires grounds for this. Such can be reckoned:

  1. Persons having insurance experience: women - at least 37 years old, men - at least 42 years. According to changes in Article 8 of the Federal Law No. 400-FZ - the insurance pension can be appointed 2 years earlier.
  2. Large mothers who born and cultivated 3 children who have robbed up to 8 years old are the right to retire in 57 years, 4 children - have the right to retire in 56 years (Article 32 of the Federal Law No. 400-FZ).
  3. At the suggestion of the service of the employment center. It is: in the certificate from the CHN, it is indicated that a citizen is not engaged in labor and does not have a source of income, while interested in finding work and is ready to proceed to it. The impossibility of employment is also confirmed by the certificate from the employment center, where it is indicated that there are no suitable position on the vacancies market.

In addition, the start-up pension can be appointed only with the consent of the citizen, and provided that it remains no more than 2 years before the appointment of pension content in old age. Taking into account the proposal of the president about additional guarantees to people of pre-pre-age, the treatment period for early pension may increase to 5 years, without changing other grounds.

What support measures are accepted

Consider which social garant of the state plans to propose the Russians of pre-age in the framework of the reform.

Benefits

First of all it should be noted the planned and implemented (by consolidating relevant legal norms in current legislation)an increase in benefits paid by unemployment. Offering to make adjustments to the pension reform, the President noted that people over the age of 50 are difficult to find decent work in the employment market, which for a long time was rebuilt under young professionals. Of course, it is necessary to solve this problem at the state level, but it will take this not one day.

Therefore, in April 2018, the Ministry of Labor has been developed and submitted a bill to an increase in unemployment benefits. And in November 2018 he was adopted. According to the decree of the Government of the Russian Federation of 15.11.2018 No. 1375 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 is for recognized by the established procedure of the unemployed citizens of pre-age age. For 2019, the size of 11,280 rubles will be installed for minimum wage.

As part of the bill from the Ministry of Labor, it was proposed to reduce the payment of benefits for unemployment benefits, at the expense of which equalize their size to the amount of the subsistence minimum. Note that today, the allowance can be paid for 36 months if a citizen is taking into account the CZN and considers vacancies for employment.

At the same time, the periods of payments for the rest of the unemployed citizens decreased to 6 and 3 months. And for prepersers, they were left at 12 months (according to general rules) with the possibility of extension for 2 weeks for each year of processing over the established insurance limit. But not more than 24 months.

Do you need on this issue? And our lawyers will contact you in the near future.

Possibility of retraining


Minister of Labor Maxim Topilin said that 5,000,000,000 rubles are planned from the state budget to discover the courses of retraining and advanced training for persons of the pre-age age. Training in such centers will be carried out during the entire period of pension reform.

The Ministry will take part in this program:

  • enlightenment;
  • industry and Trade;
  • economy and development.

In addition, the Ministry of Labor in the face of Maxim Topill was promised the annual formation of the list of the most sought-after professions and skills, which can be learn in the opened centers. It was also noted about the comprehensive support of the pre-minders who decided to try forces in business activities.

By mid-October 2018, the Ministry of Special Program was presented to Mintruda to improve the qualifications and retraining of people of prenets. According to the provisions of such a program, it implies 3 stages:

  • 2018 - the creation of regional coordination bodies to identify the priority directions of the claims of pre -sening, in accordance with the needs of the labor market. Awareness of 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 Base Portal of Jobs "Work in Russia";
  • 2019-2020 - training 150.000 Russians, defining the resulting training programs; The formation of a bank of educational programs, the organization of the annual professional professional championships "Wise skills" for people from 50 years according to WorldSkills standards;
  • 2021-2024 - Training from 300,000 citizens, the formation of a mechanism for planning the needs of the labor market.

The costs of planned activities will be about 31.6 billion rubles, of which 30 will fall on the shoulders of the state (federal budget). The rest will pay regions from their budgets.

It is assumed that the participant of the program will be able to absolutely all citizens of pre-age as unemployed, as employed. In the latter case, with a separation from production. The duration of training is 3 months with a fellow scholarship in the amount of regional minimum wage.

Age discrimination


This concept will not be enshrined at the legislative level, but in view of the upcoming reform will be used quite often. In particular, the age discrimination can be called a refusal to adhere to the work of citizens of pre-age.

Guarantees are envisaged for working prepersers. In particular, companies will not be able to dismiss such citizens due to age. As a punishment, the Ministry of Labor offered criminal liability, and Dmitry Medvedev fully supported this initiative.

The Prime Minister proposed to equalize the rights of prenets and pregnant women, who employers cannot dismiss under any circumstances for 3 years.

As a result, a package of laws on the introduction of criminal liability for employers for an unauthorized refusal to accept the work of pre -spens and illegal dismissal was adopted. So according to Article 144.1 of the Criminal Code of the Russian Federation, an unreasonable refusal to accept the work or unreasonable dismissal from the work of a person of prenetsion age will be punished with a fine of up to 200 thousand rubles or mandatory work for up to 360 hours.

It is also assumed that in the period from 2019 to 2028, the FIU will oblige information about prenets in electronic (and if there is a request - both in paper) format in various instances, including: in the CZN, OSN, FTS, etc. It will be done to ensure the possibility of unhindered realization by citizens of relevant benefits and other privileges.

Will it be possible to dismiss a pre-minder


This is a fairly relevant question. In the light of the pension reform, the staff of pre-age can turn into the Cast of untouchables, which employers will be forced to keep the staff to avoid punishment.

This is not quite so. The fact is that despite a number of social guarantees and privileges, the general labor standards will not be changed, therefore managers of enterprises will be able to dismiss such employees on completely legal grounds. Of course, with the full compliance with the procedure provided. For example, the basis for dismissal can serve as a company's state reorganization. In this case, the head must:

  • offer another position with the account of medical records and professional skills of the employee;
  • notify about the upcoming dismissal at least in 2 months;
  • report dismissal in the employment service.

That is how the legal procedure for the dismissal of a pre-age officer will look like. In addition, employers will be able to dismiss employees regardless of their age in cases of gross violation of the terms of the contract and labor legislation. This can be attributed:

  • non-fulfillment of duties;
  • speed \u200b\u200b- the lack of in the workplace for more than 4 hours without a valid reason;
  • alcoholic intoxication.

It should be noted that after tightening the measures of responsibility for the dismissal of preworks, employers can elect a preventive tactics. In particular, the concept of pre-pre-age has clear age borders. Given this feature, nothing will prevent the managers of enterprises to dismiss employees, of course, on legal grounds before the onset of the "age x".

Despite a number of incidents associated with the increase in retirement age, experts almost unanimously state that there is no worthy living yet with retirees. If the government adheres to the selected direction, after 10 years, the average pension content will be 40-50% of the wage size, as required by the International Convention on the Organization of Labor. As the entered reform will actually look like, only time will show.

Watch the video about guarantees for citizens of pre-age

September 26, 2018, 21:46 Mar 3, 2019 13:34

In the Russian Federation since 2019, reformed pension legislation will begin to be used. Therefore, legislative articles will be corrected, and a new explanation will appear on the status of workers who have left the total couple of years before retirement. The legislators have already been introduced into circulation the concept of pre-pre-age.

Normative base

The term Previous age since 2019 will be applied to citizens who will remain no longer than 5 years.

The need to introduce this concept is related to retirement. To soften the action of innovations for such citizens, and this period was created, during which they will work, but at the same time they will receive some privileges, protection and preserve the benefits inherent in working retirees.

The period of such a threshold is defined by the Federal Law No. 350 of October 2018 - 5 years before the legislation of the period of the offensive of the insurance pension, even in the case of early exit. Such an increase in this period is associated with an increase in retirement age.

Raising retirement age

Until 2018, legal mechanisms regarding pre-mentioning age practically did not exist, since the new law enters into force on January 1, 2019, and practical procedures and instructions for its use are only at the development stage. At the same time, there are certain benefits for citizens who fell under the pension reform and could not retire according to the previously existing provisions.

It is no secret that employers have previously abused their will in relation to older staff. With an increase in the age threshold, such employees, with a lot of probability, would be the target for unscheduled abbreviations and staff optimizations.

Therefore, there was a need to determine such a term in order to mitigate the transition period for those citizens who remained to retirement to work in a matter of years. But in connection with the change in the age threshold, they are forced to work for several years longer.

Previous age

In the transition period, the age of the output is not a pension will gradually increase to avoid the shock effect and social injustice towards those who should have left the work next year. To designate a uniform increase in the pension limit, these data can be grouped into a table for annual standards for older professionals. It should be borne in mind that this period will not more increase and is only 5 years.

Table taking into account transition It will look like a retirement to retire as follows.

Men

Women

Based on this table, it can be understood that the final step of the transition period will be 2023, when the retirement retirement established by law comes.

Based on this table, you can also understand what year according to the date of birth, citizens will be considered pre-mentioners, for example:

  • since the beginning of 2019, women born in 1964 and 1961 and men of 1959 - 1961 will be able to use a preferential time;
  • from 2021, in this period there will be 1967 women and men born in 1967.

What gives the introduction of the concept of a new concept?

Providing employees left 5 years before retirement, guarantees are the main goal of the government. Since they are the most vulnerable link because of their old age. According to developed bills, such citizens will begin to use benefits and receive privileges since 2019. At the end of 2018, the bill on their provision was adopted at the legislative level.

The concept of pre-one will begin to be used in the legislation since 2019, and since November 2018 it has received a legal mechanism. The payment of unemployment benefits for these segments of the population is already actively applied on the basis of relevant standards.

Reporting about the presence of age-related workers

Employment services According to the disposal of the Ministry of Affairs, this year requires reporting about the number of employees over 50 years. But since this concept has not yet been adjusted, they are in clarifications to the requirements indicate the age of such citizens:

  • women - born in 1964;
  • men - born in 1959.

Wherein reporting plan in the future to make quarterly, In the meantime, these information is sent in an arbitrary form. A document is required to collect the database regarding the number of employees of the relevant age, which come under the pension reform.

Reporting should be a carrier:

  • enterprise details;
  • names;
  • the average number of employees;
  • data on the number of seniors.

Personal information of each employee is not specified.

Benefits "Prenings" in 2019

According to the draft law, age specialists in 2019, certain benefits and privileges will receiveAmong the already fixed standards, such options are available:

  • amendment in the Criminal Code of the Russian Federation on responsibility for the employer about the calculation or refusal in the workplace for the elderly citizen, if the main criterion of refusal was the age;
  • qualifying retraining;
  • benefits as an additional 2 day for clisserization;
  • pension savings are available to start receiving from a retirement period by old legislation;
  • the maximum allowance in connection with the loss of work will be 11,280 rubles;
  • benefits on tax payments will be available on old standards (from 55/60 years for women and men, respectively);
  • in addition, there will be exemption from paying taxes in the same manner as for retirees to property, land and other;
  • at the regional level will be preserved for pensioners free travel, benefits at housing and communal services and others.

According to the development of new projects, in the future, citizens will be able to claim alimony from children.

New responsibility of the employer

Based on the Rostrud letter dated 03.07.2018 No. 368, the labor involcer will begin to take complaints of employers to the "hot line", which infringe the rights and interests of older citizens. Each such a signal regarding the infringement of the rights of the person over 50 will become a reason for the field check. Obtaining evidence regarding the unfair ratio will become the basis for bringing to the administrative responsibility of the management of the enterprise.

Right to the unemployment allowance or early labor pension

In the event of a situation with the emergence of sudden unemployment, an elderly worker has the opportunity to receive payments in the maximum volume, elevated from 4,900 rubles to 11,280 rubles.

In the event of the liquidation of the enterprise or reducing the state, employees from 50 years have the right to retire ahead of time. Only on the basis of these two items they will be able to reach a well-deserved rest.

Conclusion

The concept of prenetsion will begin to act since the beginning of 2019. But in the current period, such citizens have enhanced legal protection and benefits. These measures are needed in connection with the pension reform, to mitigate the cardinal change in relation to the retirement agent.

About new responsibility provided for by the Criminal Code of the Russian Federation in 2019, told in the next story.

It is worth noting that until 2018 pre-considered age was considered 2 years before retirement. Pre-advonsions under the law only one benefit was relying - the ability to make a pension ahead of schedule ( two years ahead of the deadline), if a .

From January 1, 2019 preverses that are residents of Moscowwill have the right to:

  • free public transport (including metro), on railway transport in a suburban message;
  • free manufacture and repair of dentures;
  • free trips to sanatorium-resort treatment through organs of social. protection (if there is honey. Indications);
  • free dispensarization;
  • addressable assistance to citizens in a difficult life situation (in the form of cash payments, product assistance, technician, etc.).

For residents of Moscow who have the title of "labor veteran" or "military veteran" The benefits of paying housing and communal services will be provided (in the form of a discount of 50%), compensation for telephone services will be paid monthly to 1000 rubles, if a citizen's income per year is no more than 1.8 million rubles.

Realcation of pre-minds

For retraining and advanced training People of prenets for age, MINRRU developed a draft program, to implement which it is planned to allocate annually 5 billion rubles.Within the framework of the activities of this program, it is planned to organize vocational training, which will allow the Previous to acquire new skills, develop competencies, be demanded in the labor market.

Training will be aimed at purchasing the following professional skills:

  • obtaining qualifying discharges, classes, categories by profession (without changing the level of education);
  • skills of working with specific equipment, programs, technologies, etc.

According to the project published program does not provide for training a completely new profession, but aimed at professional increase in competencies within the framework of the already available specialty, the acquisition of new skills that will be needed in work (for example, teaching skills, mentoring, work with reporting programs, etc.)

The cost of one course of training MINTRRA estimates at 29.9 thousand rubles.but for citizens of pre-age such training will be paid at the expense of budget (that is, it will be free). Thugs will be for 3 months With a separation from the main work. During the period of study will be paid scholarship in the amount of regional minimum.

According to the plan of the Ministry of Labor annually on the program will be trained 75 thousand people, and by 2024 the number of citizens who will increase their qualifications as a result of these activities will exceed 450 thousand people

Criminal liability for dismissal in pre-action

Vladimir Putin in 2018 a new law was introduced, according to which the employer will now bear responsibility for dismissal and refusal to work Citizen of pre-age age. Such a norm is now provided 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:

  • fine up to 200 thousand rubles. or the income of the employer (his wage) for 18 months;
  • or mandatory work For a period of up to 360 hours.

This law was adopted by the State Duma on September 25 and was signed by the president on October 3, 2018. October 14 The corresponding Law No. 352-FZ of 03.10.2018 entered into force, therefore labor rights of citizens of pre-age will be protected already in 2018.

In addition to the employer's liability already stipulated by the law for dismissal or refusal to accept the work of prenets, measures may be taken to stimulate employers for receiving and maintaining persons in the workplaces of pre-age. For example, it can be reduced for pre-advines.

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25.11.2018, 17:46

During the last events, people have more often and more often a question: pre-age is how many years. Since 2019, serious changes have been coming in the Russian pension system. Increased retirement time: for men to 65, and for women - up to 60 years. Since people who would have to become retirees will continue to work, the government expects problems with increasing unemployment. In this regard, the current legislation introduced the concept of "pre-mentioning age". Details - read in the material.

Pension reform

The Pension System of the Russian Federation has undergone major changes, in particular, unprecedented, the retirement age is increased by ultra hard scenario. To at least somehow sweeten the pill and compensate for the social consequences of reform, measures taken by the authorities.

In particular, the introduction of pre-age since 2019 in Russia. The latest news on this issue is. Prenations are considered to be the persons who are before the occurrence of age that gives the right to an old-age insurance pension remains five years (paragraph 3 of Article 1, Art. 11 of the Federal Law of 03.102018 No. 350-FZ).

At the same time it is impossible to say, at what age becoming preremesors. This presence of a transition period is explained during which the age of retirement increases. Thus, on the question: Previous age is how many years in 2019, it is impossible to answer specifically. It is explained by the fact that people of different ages will become preactions at different times, and, consequently, the five-year period before the pension will be at different age.

For the convenience of readers, we have developed a table with which it is easy to determine the period of the employee's transition to the category of pre-mentioners. Previous age and raising retirement age:

Paul worker Birthday Period of pre-age
Menfrom January 1, 1959 to June 30, 19592014 - 2019.
from July 1, 1959 to December 31, 19592015 - 2020.
from January 1, 1960 to June 30, 19602016 - 2021.
from July 1, 1960 to December 31, 19602017 - 2022.
in 19612019 - 2024.
in 19622021 - 2026.
in 19632023 - 2028.
Womenfrom January 1, 1964 to June 30, 19642014 - 2019.
from July 1, 1964 to December 31, 19642015 - 2020.
from January 1, 1965 to June 30, 19652016 - 2021.
from July 1, 1965 to December 31, 19652017 - 2022.
in 19662019 - 2024.
in 19672021 - 2026.
in 19682023 - 2028.

Rights of pre-explanation

Government developed special benefits for pre-age age. The main of them is the protection of the rights of pre -sening in employment and dismissal from the organization. Thus, the head of the Organization or a specialist engaged in a set and dismissal of personnel can be brought to criminal responsibility for refusing to accept or illegally dismissing a pre-age employee. In 2018, this rule is valid from 10/14/18.

In addition, this category of employees has been eligible for two paid working days a year to pass the climbing. In practice, this means that during the absence of such an employee behind it, a workplace and average earnings are preserved. Dismissal for pre-taking care for the lack of work due to the passage of the closerization is impossible.

Another bonus for prepersers left without work is an increased unemployment benefit. Starting from 2019, for this category of workers, the maximum amount of the benefit will be 11,280 rubles.