Monthly receipt of funds forown content is made out after reaching a certain age and filling the working length. However, there are some exceptions; in particular, the right to early retirement. What categories of citizens have the opportunity to receive early payments? How to retire before the due date? All of these questions will be answered in detail in the article.
Unfortunately, not all citizens havesufficient legal culture. That is why many working people do not know some of the nuances of the current legislation that regulate the right to early retirement. All benefits, rights, surcharges and many other important legal elements are fixed, first of all, in the Labor Code of the Russian Federation. But besides it is also worth highlighting a large number of government resolutions and regulations (in particular, the Federal Law on the assessment of labor conditions). All the submitted normative acts regulate the following concept.
Early retirement pension (Article 27 of the Federal Law"on labor pensions of the Russian Federation") is a direct link to the professional activity of a particular person, carried out under specific production conditions or stipulated by certain social norms.
Thus, a person exercising hislabor activity in production with unusual working conditions, is entitled not only to various kinds of benefits, but also to early payments. At the same time, the profession must be really "harmful": the full list of hard jobs was approved by the Council of Ministers of the USSR, but has not changed to this day. Who retires before the due date? This will be discussed later.
An early pension is called the option of obtainingmonthly payments, in which the onset of the permitted age will take place no more than 2 years. Applicants for such a pension are people who are in the Russian employment center as unemployed, and also have the appropriate length of service (20 years for females and 25 for males). Accordingly, an early pension in the Russian Federation is formalized only for those individuals that meet the above criteria.
Availability of harmful orHeavy working conditions invariably entail the possibility of earning an early pension. Harmful working conditions are considered physical or psychological stress, and more recently work in the Far North. Russian legislation fixes the possibility of obtaining the so-called reduced working length. It is thanks to him that it will be possible to receive early retirement benefits.
It should also be noted that the workerfaces of some serious illnesses. If the continuation of the work activity is impossible due to the state of health, the early retirement pension can be formalized only if a special medical report is given to the employment center.
If the employee carries out his workactivities at work with harmful characteristics of labor, then the possibility of early retirement is significantly increased. Which professions fall into the category of "harmful"? Since Soviet times, the classification has been preserved, which makes it possible to accurately determine the severity of labor. So, there are four levels of professional activity:
The issuance of each such degree is possible only if attention is paid to the following points:
Of all the presented criteria, there are stillone classification: list 1 is a profession with a critical degree of harm, and list 2 - some types of heavy occupations and positions. Both of these lists can be easily found on the official website of the Ministry of Labor.
Federal Law No. 400 of the Russian Federation contains more than20 points, which specify both the conditions for entering an early retirement pension, as well as some professions, working on which you can qualify for an early retirement pension. What exactly is worth highlighting here? Here are some of the specialties indicated in the law:
On all above-mentioned persons, an early pension may be drawn up. From what age is it possible to retire? This will be discussed later.
How to apply for an early pension in the Russian Federation? To begin with, you should pay attention to the following conditions:
If the relevant conditions are met, it is worthpay attention to the content of the so-called lists 1 and 2, mentioned above. Thus, a woman belonging to the list of list 1 has the right to a pension at the age of 53, with a total working experience of 15 years. The duration of work in harmful production should not be less than seven years. In accordance with the list of 2 women can apply for a pension from 45 years. The length of service should not be less than 20 years.
And what do the lists say about male workers?According to the list 1, the man who has reached the age of 50 can apply for a retirement pension of 20 years. List 2 sets the minimum age of the employee at 55 years and 25 years of service (12 on harmful terms).
Thus, an early retirement pension can be issued by not all individuals, but only those that meet the above criteria.
What actions need to be taken toregistration of early retirement benefits? To begin with it is necessary to address in local Center of employment with the corresponding application. There will be a document to be filled out. In the body, it is essential to qualitatively issue paper. Within a month the Employment Center will provide the citizen with the answer - with the consent to conduct further work or with a justified refusal.
What should be submitted to the Employment Center in addition to the application? Typically, this should be the following documents:
The Employment Center may also request the following papers:
The body can request and many other references - for example, individual documents from work. It is very important to correctly and correctly draw up all the papers, check the presence of seals and signatures.
The question of how to retire before the due date is regulated by many Russian federal laws. What are the rights of a citizen who is going to retire early?
A citizen is able to demand from hisemployer all necessary documentation necessary for transfer to the employment center or the Pension Fund of the Russian Federation. Moreover, the employer of the enterprise must confirm the privileged length of service of the worker. If the employer does not do this for some reason, then such a task is assigned to the relevant state body.
As soon as an employee receives an insurance pension certificate, all information about his "transfers" will be taken into account by the Russian Pension Fund.
It is also worth mentioning the classical formula for calculating an early pension:
SP = PC * C * K + FV * K
Here:
Preservation of the right to early appointment of labor pension is available to all persons who correctly completed the necessary papers in the Employment Center and the Pension Fund.
Far from rare are situations whereemployee of pre-retirement age suddenly loses his job. The reason for dismissal can be massive cuts in the organization, the elimination of jobs and much more. Naturally, practically no organization expresses the desire to employ a person who has very little time until retirement. The situation, I must say, is very uncomfortable, and often completely hopeless. Still, a citizen wants to "finish off" his work experience, and there are no opportunities for this. What to do in such situations? Here it is worth asking yourself the question of how to retire before the due date. The first thing to do is to compare your indicators with those necessary for premature payments, compare past working conditions with the necessary "harmfulness." How many years do they retire early? As already mentioned, men should not be less than 58 years old, and women - less than 53 years. The following conditions must be met:
If the citizens have a fault that entailed the termination of social payments, then you should not expect an early pension.
Quite often the Employment Center or PensionThe Fund of Russia refuses to citizens in drawing up an early pension. As a result, applicants have to apply to the courts, and the cases are already settled there. Naturally, such examples illustrate the unsatisfactory level of state protection of citizens' rights to receive pensions. And yet it is worthwhile to give the main reasons for refusing to early retirement. Here it is necessary to distinguish:
What should I do if in the above instanceswas a refusal received? How to retire before the due date, no matter what? The only way out here is to apply to higher authorities. In the same Pension Fund, a complaint is made; it is necessary to attach all necessary documents to it. The complaint will be considered within a month. If there is a refusal, there will be only one way out: go to the courts of general jurisdiction. It will be necessary to draw up an administrative statement of claim to contest the refusal.
As for working and unemployed citizens, there are some specifics of pension design. A working citizen should remember the following:
Unemployed citizens should remember thatfull work experience gives an opportunity to receive subsidies. At the same time, every year, worked on top of the total length of service, gives the right to extend the state support for two weeks. If a citizen becomes an individual entrepreneur or a legal entity, the receipt of early pensions is terminated before the closure of this status.
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