On September 26, 2020, the State Duma of Russia adopted a bill on pension reforms. Now, representatives of some professions are granted benefits and the opportunity to retire earlier than expected.
The changes also affected teachers, so in this article we will look at how preferential pensions are assigned to educators and teachers and what needs to be done for this.
Preferential teacher pension – what is it?
Pension benefits have been assigned to teachers since the beginning of 2020. Every citizen who falls within the above framework and has an acceptable length of service has the right to receive state support before the deadline established by law.
Conditions for early retirement
In order to retire, you must at least reach a certain age - for women it is 55.5 years, and for men - 60.5.
Elena Smirnova
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If a teacher has accumulated a total work experience of 25 years, he has the full right to retire earlier than the established time and receive social benefits based on length of service.
Consequences of future reform
The bill receives different assessments: the government and the Pension Fund declare a lot of positive aspects of the planned reform, while the media promise a sad forecast for the economy and citizens.
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The latest public survey showed that only 9% of Russians agree with the innovations, while about 90% are not ready for such changes.
Increasing the retirement period for educators will lead to the following negative consequences:
- rising unemployment among older people and the younger generation;
- worsening crisis in the economic sphere;
- decrease in labor productivity.
The government is convincing the population that there will be no need to worry about jobs in the coming years. Although no plan has been presented to improve the labor market situation at this time, similar measures may be expected in the future.
If appropriate measures are not taken, citizens will have to face increased unemployment.
Elderly people who had to leave the position of a teacher to take care of their own health and pay attention to their grandchildren will be forced to continue working. Thus, jobs intended for young professionals who have just completed their studies will be filled.
At the same time, not every employer will agree to retain an elderly employee or hire a teacher over 50 years of age. In this case, citizens of pre-retirement age will be forced to look for work outside of the teaching field, receiving lower wages and facing more difficult working conditions.
The economic crisis, from the point of view of many experts, is also inevitable. Previously, pensioners continued to work as educators after retirement, because they needed to have an additional source of income.
It's no secret that pension payments are not large enough for citizens to fully meet their needs.
The loss of additional income in the form of pension payments and employment in lower-paying positions will lead to a decrease in consumer demand for many consumer goods.
Attracting young specialists is an important detail for economic development. A citizen who has just completed his studies has purposefulness, energy, and greater dedication. The lack of jobs for young people will lead to a decrease in labor productivity.
Reforms 2020
According to the bill, pension reform will begin in Russia in 2020. Many citizens working in specialized positions will be provided with a preferential pension. For kindergarten teachers, school or lyceum teachers, these rules will also apply.
What will the reform change?
Several years after the adoption of these reforms, the age at which citizens will be able to take advantage of the right to material support from the state will increase by 5 years.
Elena Smirnova
Pension lawyer, ready to answer your questions.
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It turns out that the retirement age for women will reach 60 years, and for men – 65 years. It is likely that the timing of the appointment and payment of benefits to teachers will be delayed.
Has the benefit been canceled or not?
The main question that worries many at the moment is whether the preferential pension will remain for educators? It follows from the proposed reforms that preferential accruals will not be abolished, but a situation may arise with a delay in their assignment. The rule according to which teachers will be able to switch to financial support from the state after working for 25 years remains without discussion.
It is important to know! According to the Prime Minister of the Russian Federation, in the course of the adoption of reforms, the minimum pension amount may increase by 1,000 rubles.
Normative base
Issues of preferential pension provision are disclosed in the Federal Law “On Insurance Pensions”. This law came into force in 2020.
A more detailed list of professions of teachers for a preferential pension is defined in Government Decree No. 665 of 2020, the calculation procedure is Government Decree No. 781 of 2002.
A separate law “On preferential pensions” has not been adopted.
Federal Law No. 400 dated December 28, 2013
Government Decree No. 665
Decree of the Government of the Russian Federation of October 29, 2002 N 781
Calculation of preferential pension
To calculate the amount of pension benefit payments to employees of educational institutions, the data specified in the certificate of income received is taken into account. In this case, the final indicator will directly depend not only on funded, but also on insurance pension benefits.
In addition, the main condition for accruing a pension ahead of schedule is the accumulation of a strictly defined number of points. For 2020, this figure was 11.4, and in 2020 – 13.8. This increase will continue by 2.4 percent annually until 2025.
Elena Smirnova
Pension lawyer, ready to answer your questions.
Ask me a question
If a teacher has an academic degree and has worked for some time in the Far North, as well as in nearby places, he has the right to receive appropriate bonuses.
The process of registration and calculation of the pension amount is completely controlled by the employees of the Pension Fund. If you have additional questions, you should contact them, since only they can know about some of the nuances that have arisen when calculating payments.
If you need to calculate the approximate amounts of pension benefits, you can use a special calculator on the official website of the Pension Fund.
Long service pension for teachers
- fulfillment of the established workload is not required (clause 6 of the Rules): for primary school teachers;
- for rural teachers;
- for music directors;
- the presence of a certain number of individual coefficients (in 2020 they need to be 16.2; then the requirement for them will increase annually until it reaches 30 in 2025);
- Employment in teaching activities for at least 25 years in institutions for children.
We recommend reading: What the state gives for 4 children in the Kemerovo region
How to apply for a pension?
In order to switch to financial support from the state, an employee of an educational institution must provide the relevant documents at least a month before the scheduled withdrawal date. You should visit the branch of the Pension Fund located at your place of residence, sending the appropriate application.
Required documents
When submitting an application to the Pension Fund of the Russian Federation for a preferential pension, music directors of the kindergarten, as well as other employees, must present the following documents:
- Passport or any other certificate confirming Russian citizenship.
- Work record book with a detailed indication of work experience.
- Certificate of income for the last working period.
- If you have children, their birth certificate.
- For men, you must present a military ID.
It is important to know! If additional questions or disagreements arise, the Pension Fund may require the provision of additional documents.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
Our lawyer can advise you free of charge - write your question in the form below:
Early pension for the head (deputy) of a kindergarten
admin 05.12.2009
Consulting, PENSION AFFAIRS
kindergarten, head, deputy, teacher, pension
In the last month alone, I have received a dozen letters asking questions about the granting of early retirement to teachers working as head or deputy head of a kindergarten.
The essence of the questions was that employees of the Pension Fund of the Russian Federation do not include periods of work in these positions in their teaching experience on the basis of Decree of the Government of the Russian Federation No. 781 of October 29, 2002.
Indeed, in this Decree, as well as in the previously effective Government Decree No. 1067 of September 22, 1999, work in positions is included in teaching experience only in special, correctional kindergartens, or in “combined” educational institutions for children of preschool and primary school age: primary school (school) - kindergarten, including compensatory type; pro-gymnasium. That is, work in these positions in “regular” kindergartens from November 1, 1999 is not subject to counting towards special experience for the purpose of early retirement for teachers. However, there are so-called rules for the operation of laws and other legal acts over time.
In accordance with these rules, both the current Decree of the Government of the Russian Federation No. 781 of October 29, 2002 and, at the choice of the pensioner, the normative act that was in force during the controversial period of work can be applied to any period of work. Moreover, it does not matter at all that today it has already lost its force.
Thus, a teacher applying for an early pension has the right to independently choose which normative act is to be applied.
These rules exist not only in theory, they are confirmed by numerous judicial practices of the Supreme Court of the Russian Federation.
Moreover, the leading specialists of the Pension Fund of the Russian Federation themselves state: “Taking into account the listed documents, when determining the right to these early pensions, two procedures for calculating length of service can be applied (at the choice of the pensioner): - in the manner directly arising from the norms of current laws and other regulatory legal acts on moment of pension assignment; - in the manner prescribed by laws and other regulatory legal acts at the time the relevant work was performed. Moreover, they can be used in combination, i.e. for one period of work - the previous procedure for calculating length of service, and for another - a new one.” (Quote from: “COMMENTARY ON PENSION LEGISLATION OF THE RUSSIAN FEDERATION”, edited by the Minister of Health and Social Development of the Russian Federation - at the time of publication by M.Yu. Zurabov, publishing house “Norma”, 2007).
So, in 1958 - 1994, Resolution of the Council of Ministers of the USSR No. 1397 of December 17, 1957 was in force, and in the period 1991 - November 1, 1999, Resolution of the Government of the Russian Federation No. 463 was in force. Both of these documents provided that work in the position of director (manager) , deputy director (head) - except for the deputy for administrative and economic affairs - in schools - kindergartens, in preschool institutions of all types (kindergartens, kindergartens - nurseries, nurseries) - included in the teaching staff.
Let's look at specific examples from your letters.
Example 1. Elena from Magnitogorsk writes: “Hello! I worked for 17 years and 9 months as a teacher in a kindergarten, and as a manager for 7 years. Can I receive an early retirement pension? Thank you in advance!" Answer: Working as a director of a kindergarten is not included in the teaching experience for early retirement after November 1, 1999. Therefore, if the period of work as the head of a kindergarten passed after November 1, 1999, you do not have the right to early retirement.
Example 2. Nina M. from the Tver region asks: “Hello! I kindly ask you to answer whether working as a director of a kindergarten is included in the teaching experience for calculating a long-service pension. I worked in this position from May 1984 to September 1985. The Pension Fund told me that it is not included, are they right? And what to refer to if included. Sincerely…." Answer: From May 1984 to September 1985, Resolution of the USSR Council of Ministers No. 1397 of December 17, 1957 was in force, in which work as the head of a kindergarten is included in the teaching experience. The refusal of the Pension Fund of Russia is unlawful. Appeal the refusal of the district Pension Fund to a higher organization - the regional Pension Fund and/or in court.
Detailed procedure. 1. I never tire of repeating: you cannot communicate orally with officials from the Pension Fund of the Russian Federation, negotiate by phone, etc.. Only an official application (download the Rules) with an application for an early pension with all documents attached (download List of documents). Remember that the pension is assigned from the date of written application to the Pension Fund (but not earlier than the day the right to a pension arises). You must contact the Pension Fund 1 month before the date of the expected (calculated by you) entitlement to a pension (you can calculate your length of service here). Remember: oral communication in the event of a dispute cannot be proven in court!
2. In general, I rarely recommend contacting a higher-level Pension Fund - at least for complex issues, it is ineffective. But, in this particular case, a well-drafted complaint to the regional Pension Fund using this article may bring good luck.
3. You can go to court both after a negative response from the regional PFR, and immediately after the refusal of the district PFR. The court's decision will be in your favor. The pension will be assigned from the date of initial application to the Pension Fund.
Conclusions: Work in the position of head or deputy head of a kindergarten is counted towards teaching experience after November 1, 1999 only in the case of work in special, correctional preschool institutions, or in “combined” preschool-school institutions. Work in these positions after November 1, 1999 in “regular” kindergartens is not included in the teaching experience.
Work in the position of head (director), deputy head (director) of a kindergarten until November 1, 1999 is counted towards teaching experience without any restrictions (except for the deputy for administrative and economic affairs).
There is only one question left: why do PFR specialists and lawyers not want to use even the explanations of their “superior” specialists and refuse to grant an early pension? What is this - basic unprofessionalism, or work on the principle of “better safe than sorry”? Alas, I have no answer...
Sergey Panshev, lawyer.
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What is included in the experience?
The length of service required to grant a pension includes the following periods:
- activities under an employment or civil law contract, if deductions were made for the employee;
- annual leaves, including additional ones;
- receiving temporary disability benefits;
- child care up to 3 years old (until October 6, 1992).
