Early retirement for 42 and 37 years of service in 2020, what’s new in the law?

The pension reform, which started in our country in 2020, has, not without reason, had a significant impact on the lives of millions of Russians, whose right to pension provision should have come in the coming years. This decision is extremely unpopular, since it significantly reduces the degree of social protection of citizens of the Russian Federation, but, at the same time, it was forced due to unfavorable economic and demographic processes occurring in the country.

According to the initiators of the reform, changes aimed at increasing the age at which citizens can retire will ensure the stability of the pension system for many years and increase the amount of pension coverage, which will ultimately have a beneficial effect on the standard of living of older citizens.

However, even at the stage of discussion of the relevant bill, an understanding arose that deferring pensions for people who have an impressive length of service would be unfair and unreasonable. In this regard, they were provided with a certain benefit - early retirement. How to use it will be discussed later in the article.

Early retirement

For a long time, a certain age was established in Russia when citizens who worked during their lifetime had the right to retire. Before the start of the corresponding reform, it was 55 years old (female) and 60 years old (male).

At the same time, certain categories of workers had the right to end their working career before the generally established age. In particular, this concerned workers who were employed in industries with difficult and hazardous working conditions, doctors, teachers and some other employed citizens.

After the start of the above-mentioned reform, which involves a significant increase in the age when citizens will be able to apply to the pension fund for the assignment of financial support, the right to early retirement for beneficiaries remains, but with some changes.

In addition, the list of these beneficiaries has expanded; now workers who have an impressive amount of work experience can also apply for early retirement benefits. In this case, the sphere of employment of these persons and whether they have financial benefits does not matter.

Also noteworthy is the deadline for early exit. Thus, men who have worked for a long time have the right to retire 2 years earlier than their peers who do not have the right to do so.

However, with all this, not all citizens will be able to take advantage of the benefit in its entirety. Thus, the pension reform currently being carried out in Russia does not imply the immediate achievement of its goals, but a certain transition period when the age will increase smoothly. It is 5 years for both men and women.

Accordingly, after the end of the pension reform, male beneficiaries will be able to retire 24 months earlier - at 63 years old.

Calculating benefits during the transition period is somewhat more complicated. Thus, it has been established that, taking into account the preference under consideration, the lower limit of the retirement age for a man cannot be less than 60 years.

In this regard, in 2020, citizens who have worked for a long time have the right to go on vacation only six months earlier. In 2020 it’s already one and a half. And starting from 2022, citizens will be able to take advantage of the preference in full, namely, start receiving material funds for pensions 2 years earlier.

What will not apply to work experience?

The most obvious period that will not be counted in the calculation for assigning security on a preferential basis is that the woman did not work and was not registered as unemployed. In addition, the following time periods can be identified that cannot constitute an insurance period:

• being on parental leave for up to 1.5 years for 5 and subsequent children (since the maximum such period is 6 years);
• maternity leave for up to 3 years (although by law the woman retains her job for this period and can even receive appropriate benefits at the employer’s discretion);
• care for a 1.5-year-old child if the child’s father was on official leave (which is not prohibited under current legislation).

Reference! The required length of service does not include periods when a woman performed a labor function, but the employer did not transmit the necessary information to the Pension Fund of the Russian Federation and did not pay insurance premiums for it (this usually happens with unofficial employment).

Conditions for early retirement

The main condition for receiving pension funds ahead of schedule is having a sufficient number of working years.

Initially, even at the planning stage of the reform, it was determined that for men the corresponding length of service should be at least 45 years. However, in practice, this would extremely narrow the number of recipients of this benefit, since it is extremely difficult to earn such an impressive length of service. In this regard, by the personal decision of the President of the Russian Federation V.V. Putin, the length of service in question was reduced to 42 years.

In what case is it possible for a man to retire with 42 years of service?

If a man has a period of 42 years of service, he has the right to apply for early pension provision in the following cases:

• upon reaching the required age (at least 60 years at the beginning of the pension reform and at least 63 after its final completion);
• the corresponding experience has been officially confirmed.

Important! The legislation does not require mandatory continuous experience in this case. It can be interrupted, since its total duration of 42 years is important to receive benefits.

Governing Law

The right of citizens who have a long work history to retire early is enshrined in federal legislation. So, part 1.2 of Art. 8 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” states that men have the right to retire 2 years earlier if they have a total output of 42 years, but not earlier than 60 years.

This norm was introduced relatively recently, at the end of 2018, and its implementation in practice started in the new year, 2020. Federal legislation applies throughout the country. Regional authorities cannot adopt acts that contradict it.

Based on this, the law establishes that men, having reached the age of sixty, have the right to count on early financial support when they reach 42 years of age . No other conditions are provided.

Registration procedure

Early retirement is possible only by independently drawing up a special application, to which are attached documents confirming the woman’s right to early and well-deserved rest. Therefore, it is initially recommended to make sure that the work experience actually exceeds 37 years. It is taken into account that some periods are not included in this length of service.

Pension Fund employees do not track the length of service of citizens, so early retirement is never granted automatically.

The woman initially collects a complete package of documents for registration, after which the documentation is transferred to representatives of the Pension Fund. To do this, you can use the mail, as well as personally visit the office of this government agency. The site offers a unique opportunity to send papers electronically. To do this, you will have to use your personal account on the PF website. It is allowed to submit documentation even a month before reaching 37 years of service. During this period, the papers are checked, so if there are no problems or errors, then from the beginning of the next month the citizen will be able to receive a pension and stop working.

To apply for an early pension, the following documentation is prepared:

• a well-formed application in a unified form, and the form can be asked from PF employees or downloaded from the organization’s website;
• passport;
• documents with which a citizen confirms official periods of work, if they are not recorded for various reasons in the personal account on the PF website;
• additional papers that may affect the amount of the pension, for example, if a citizen has the right to additional payments for the maintenance of dependents, then it is necessary to submit birth certificates for minors, as well as a certificate from the Criminal Code proving that the children are dependent.

If an application is submitted electronically, there is no need to upload scans or photographs of other documents, since they are checked during the process of registering a personal account on the Pension Fund website or the State Services portal.

The received documents are checked by representatives of the Pension Fund within 10 working days, after which the applicant is notified of the decision made. If there are no grounds for refusal, then payment is assigned from the date of acceptance of the application with other documentation. If a woman is faced with a refusal, she can challenge it in court or by contacting the leadership of the PF department. If necessary, you have to bring certain papers.

What periods of employment give the right to preferential exit?

When calculating any type of length of service, you should take into account the relevant periods that are taken into account when calculating it. This is especially relevant in light of ongoing reforms and changes.

Thus, for the insurance period, the periods of transfer of insurance contributions to the Pension Fund are taken into account. In addition, there are also non-insurance periods when the employee did not actually work. Their list is closed and is contained in Article 12 of the above-mentioned law on insurance pensions. For example, these include time spent caring for children up to 1.5 years old, military service (under certain conditions), etc.

To calculate the length of service that gives the right to receive a pension early according to the new rules, only 2 periods are taken into account:

• carrying out labor activities directly (insurance period);
• periods of temporary incapacity for work due to health reasons (in other words, being on sick leave).

Attention! Those periods that the law classifies as non-insurance, but taken into account when calculating the length of service for a pension on a general basis, are not considered when calculating the length of service for receiving the benefits discussed in the article.

What will be included in the internship?

For early retirement, a woman must have 37 years of experience. However, not all periods will be taken into account when calculating length of service. The provisions of Federal Law No. 400 can be used as a guide. According to these provisions, periods are strictly limited. These include:

• Work or other type of activity carried out on the territory of the Russian Federation. During this period, the employer must make insurance contributions to the Pension Fund and make other mandatory payments to other state funds.
• Period of temporary incapacity for work. These periods must be formalized by the attending physicians. At this time, the citizen must receive benefits from the Social Insurance Fund.

All other periods are not included in the period of registration of a labor pension. For this reason, the duration of the work experience differs from the duration of the standard insurance period. The reason for this is that the insurance period includes a larger number of periods. For example, this length of service includes military service (including conscription in the army), as well as registration at the employment center and receipt of official benefits.

The insurance period includes the period when a woman is caring for a child under one and a half years old, or caring for disabled relatives over 80 years old, disabled relatives and disabled children.

Retirement table for men with 42 years of service

The table below clearly demonstrates the age at which men who have worked for 42 years can apply to the Pension Fund for the assignment of appropriate security:

Based on the table, it should be noted that during the transition period, especially in 2020 and 2020, citizens entitled to a preferential pension will not be able to take full advantage of it and will not feel significant changes. However, in subsequent years the difference will be quite significant.

Early pension provision on the basis of long work experience is a significant measure of support for citizens who have extensive experience. However, it should be borne in mind that the calculation of periods of labor activity occurs according to special principles , slightly different from the rules for calculating insurance length of service.

Thus, only the terms of direct employment in the work process are taken into account. Thus, the right to early retirement, in fact, belongs to those citizens who have worked continuously since the age of 21, which in practice means a rather narrow circle of people who are able to take advantage of it, since military service, periods of training, child care, etc. are not taken into account in the corresponding calculations.

Early insurance pensions for individuals

The list of grounds related to personal circumstances makes it possible to establish an early old-age pension:

• women who have 5 (or more) children, as well as guardians who raised disabled children or one parent of a disabled child.
• women who have 2 children and have worked a certain number of years in the Far North or equivalent territories;
• persons who have become disabled as a result of military trauma;
• visually impaired people of the 1st group;
• dwarfs and midgets;
• persons who worked in the Far North or equivalent territories;
• reindeer herders, fishermen, and hunters permanently living in the Far North or territories equivalent to it.

Each of the listed grounds has its own requirements for age and insurance coverage, and when taking into account the area of ​​residence, for the length of life in it. However, the figures for women and men usually differ by 5 years, being less for women. There may be special rules for taking into account actual length of service for early retirement in old age .