Is it legal to reduce the municipal pension for long service?

Peculiarities of assigning a pension for length of service to municipal employees

Pension provision for citizens of the Russian Federation is one of the constitutional guarantees enshrined at the legislative level. However, due to the fact that citizens have different work intensity and other employment factors, a special procedure for assigning a pension is provided for some categories.

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Articles on the topic (click to view)

• How much is added to the pension for years of service?
• How many years of service do you need for a military pension?
• Calculation of length of service for assigning pensions to military personnel
• What determines the size of the long-service pension?
• Municipal pension for long service in 2020
• Minimum military pension for length of service for military personnel
• How does the Ministry of Internal Affairs retire based on length of service?

In particular, the assignment of pension benefits to municipal employees whose work is associated with increased workload has its own characteristics.

Retirement based on length of service - registration procedure

According to established practice, all issues of long-service pensions in 2020 (including on special conditions) are dealt with by the personnel services of enterprises and organizations.

Certain employees are appointed responsible for this. They prepare pension documents and then submit them to the territorial bodies of the Pension Fund.

The whole process consists of several successive stages:

1. identification and registration of employees whose age is approaching the point specified by law
2. notification of a citizen about the emergence of his right to a well-deserved rest
3. accepting an application for a pension
4. collection and preparation of necessary documents
5. consideration of the submission of prepared papers to the authorities that are involved in the assignment of pension payments

What documents are needed

When submitting documents to the Pension Fund yourself, you will need to prepare:

• passport of a citizen of the Russian Federation or residence permit for foreigners
• a statement drawn up in accordance with the rules
• extract from the work record book
• certificate of income for 12 months
• papers confirming health status (if necessary)
• documents confirming other circumstances

In some cases, additional certificates may be required from the applicant due to the specific nature of its activities. They can be submitted at the place of permanent or temporary registration. It is also possible to do this at the place of actual residence. Papers can be sent by registered mail or during a personal visit to the Pension Fund office.

When sending papers by mail, the date of receipt will be considered the date stamped on the envelope, and not the day the letter was actually received.

How is service life determined?

Every year, a list of all employees who have the right to take a well-deserved rest on a general or preferential basis is compiled. For this purpose, personal cards and work books are used, which are considered in chronological order, based on the dates of birth of each citizen. According to the received list, the personnel officer carries out preliminary preparation of documents for assigning pensions to employees.

If corrections and erasures were noted in the work book without the corresponding mark, a written request is made to the organization where the entry was made with a request to document the corrected information. If, when calculating the length of service, it turns out that the employee does not have enough experience, he will be notified about this in order to find out whether there are any documents available that can confirm his work activity. The organization has the right to request such data from archival sources or organizations specified by the employee.

What does the law say?

The legal status of municipalities is regulated by the norms of Federal Law No. 25, according to which municipalities are one of the branches of government, but at the local level, with all the powers and responsibilities for the implementation of public policy and compliance with the legal rights of citizens who live in the territorial association.

At the same time, the main function of local authorities is to maintain the vital activity of settlements and citizens living in them through the development and implementation of economic projects, monitoring services that provide the same heat, water, light, that is, basic resources and respect for the rights of citizens who have the right both for social security and material assistance, not to mention the observance of constitutional rights.

Concept

Municipal bodies, represented by their employees - municipal employees - are representatives of local government bodies, which are subject to certain requirements - high qualifications, no criminal record and a desire to work for the benefit of the state and its citizens, not to mention the declaration of income and transparency of all their actions.

Also, in some cases, municipal employees can be called representatives of the people, who, by virtue of their powers, must not only be aware of the problems in the city, but also be able to solve them legally and in compliance with the interests of both the city and citizens, given that their decisions and action depends on the viability of the infrastructure of the locality and the prestige of the legitimate government.

Normative base

Considering that municipal employees bear a great responsibility for the implementation of state policy in the field of compliance with the law, which leads to constant psychological stress, as a measure of social support in accordance with Article 5 of Federal Law No. 25, the specified category of persons is equal to civil servants with all rights to social security , which includes the registration of an early retirement pension.

Laws

The procedure for providing pension benefits to municipal employees is determined by the norms of Federal Law No. 166, which stipulates the procedure for assigning a pension benefit and the conditions for its provision, not to mention the calculation of length of service and the calculation of the size of the pension and methods of its delivery.

Also, pension provision for this category of persons is regulated by the norms of Federal Law No. 400, which establishes the conditions for early retirement or the registration of a long-service pension with the simultaneous provision of the right to a part of the old-age pension or the right to a disability pension, loss of a breadwinner, etc.

After all, municipal employees are not only representatives of government, but also simply people who have the right to social protection at the expense of public funds.

Position

The provision of a municipal long-service pension is regulated not only by federal laws, but also by orders of ministries responsible for the implementation of social policy.

The procedure for providing pensions to municipal employees, in particular, the conditions for calculating length of service and its confirmation, are regulated by Order of the Ministry of Health and Social Development No. 1648n and Order of the Ministry of Labor No. 958.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

At the local level, each subject of the Russian Federation has issued its own regulations, which regulate the process of assigning pensions to municipal employees, taking into account the specifics of their employment - for example, the same deadlines for submitting documents and the procedure for their registration.

What are the disadvantages of a corporate pension? Find out here.

Municipal pension for long service in 2020

The assignment of a long-service pension has a number of features, given that this payment is provided at the expense of the federal budget.

In particular, at the legislative level, the conditions for appointment, the procedure for submitting documents and studying them, calculating the length of service and calculating the IPC, on the basis of which the amount of the pension is determined, are determined.

Purpose and required documents

Based on Article 7 of Federal Law No. 166, a municipal employee can count on receiving a long-service pension and part of the old-age insurance pension at the same time, subject to the following conditions:

• having a total work experience in the municipal service or other government positions of at least fifteen years (by the way, military service is equal to the length of service in the civil service and is therefore taken into account);
• dismissal from the position of a municipal employee, provided that the employee worked in his position for at least 12 months before;
• termination of employment relations on grounds excluding guilty actions, that is, absenteeism or disclosure of state secrets;
• reaching the general retirement age, that is, 55 and 60 years, respectively, despite the fact that the age limit for this category of persons is 65 years in case of extension of the contractual relationship.

By the way, in the event of a reduction or liquidation of a municipality, an employee can apply for a pension early, in accordance with the norms defined by Article 32 of Federal Law No. 1032-1, but provided that no more than 2 years remain until the general retirement age and, if there is a total length of service, not less than 20 and 25 years respectively, of which 15 years will be given to public service.

To confirm their rights to early retirement, a municipal employee will need to present the following package of documents:

• a petition or presentation signed by the head, that is, the same head of administration;
• a certificate with a list of positions held specifically in municipalities, indicating periods of employment;
• a certificate of all accruals for the last 12 months;
• passport, TIN;
• a book on labor and its certified copy;
• military officer, if available;
• dismissal order.

This is important to know: How many years of service are needed for a military pension?

Where to contact?

Only the Pension Fund of the Russian Federation has the right to establish pension provision on the basis of submitted documents in accordance with the standards defined in Resolution No. 141; accordingly, for the appointment of an early pension, you must contact the territorial body of the Pension Fund at your place of residence.

Calculation of length of service

The main conditions for granting a pension are the presence of length of service, which should not only be confirmed through the same work book, but also correctly calculated, taking into account that the right to a preferential pension depends on the number of years worked.

And since workers, and even employees in the process of working, can quit on virtually any day, to summarize the periods worked, a certain methodology is used, enshrined in Resolution 1015, and allowing to take into account all periods worked until the last day.

How to write an application for payment?

Considering that the long-service pension is preferential and is issued in a special manner, the specified procedure requires not only a certain package of documents, but also an application, a form approved by Resolution 44, which the municipal employee will be given to fill out when submitting the main package of documents.

The standard form can be found here:

Calculation of pension amount in 2020

The size of each worker’s pension depends on two factors, namely:

• number of years worked;
• the amount of deductions of insurance premiums as a percentage of accrued wages.

This rule also applies to municipal employees and is accordingly applied when determining their pension amount.

Maximum and minimum

Based on Article 14 of Federal Law No. 166, the minimum pension for this category of persons is 45% of the average salary for the last year minus the old-age pension, calculated in proportion to the existing IPC, calculated based on the factors described above, that is, length of service and the amount of contributions.

But the maximum is 75%, which is calculated as follows: for 15 years of experience, 45% is automatically assigned, but for each subsequent year, in addition to the specified minimum, another 3 percent is added, but not more than 75% in the total.

For employees

In accordance with the law, a municipal employee has the right to receive two pensions at the same time, that is, a long-service pension and part of an old-age pension.

The long-service pension is calculated based on the length of service in the civil service, but the old-age pension is calculated from the remaining total length of service, thus making up a part, given that the remaining length of service is taken into account in the calculation.

Moreover, if the amount of the employee’s pension is not large, he will be given the right to refuse a long-service pension and apply for an old-age pension only, thus increasing its size, taking into account that in such a situation the total number of IPC will be higher.

For the head of a municipality (elected person)

Regardless of what position the employee holds, the procedure for calculating and calculating pensions is the same, but in relation to heads of administrations there are several nuances - in particular, the amount of remuneration that can be taken into account with the restrictions established by Article 21 of Federal Law No. 166.

Thus, on the basis of the agreed norm, when calculating a pension, the average earnings are first determined, which cannot exceed 2.8 salaries, but in addition to the salary, heads and elected officials have so many allowances and bonuses that exceed the limit several times that it is impossible to comply with the agreed norm , accordingly, the restriction is applied, taking into account that gratitude in the form of bonuses can only be received for the performance of certain duties.

Calculation of average earnings

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

According to Federal Law No. 25, not only civil service legislation, but also other types of federal legislation are applicable to municipal employees.

Thus, according to Resolution 818, when calculating average earnings for calculating the amount of a pension, the following types of accruals are taken into account:

• salary;
• all types of allowances and surcharges;
• vacation pay, including health benefits;
• sick leave and bonuses.

And one-time payments and incentives are not accepted for accounting, for example, assistance in connection with the illness or untimely death of a close relative.

How to revoke a power of attorney to receive a pension? Find out here.

Who is entitled to a lifetime pension for judges? See here.

Nuances and calculation example

For example, an employee’s salary is 18 thousand rubles, and he is entitled to a bonus for length of service of 20%, a quarterly bonus of 50% of the salary and an additional payment for work with materials representing a secret of 10% monthly. During the year, the employee was given financial assistance for treatment in the amount of 5,000 thousand and paid sick leave for 30 days.

Procedure for determination and calculation

For each category of citizens who are entitled to a long-service pension in 2020, there is its own calculation formula. Main criteria:

• total length of service (work)
• average monthly earnings, which is calculated from the provided certificate with accruals for the last 12 months
• increasing or decreasing factor
• bonuses and increases
• indexation (payments are indexed as official inflation increases)
• possible deductions from pension payments

To employees of the Ministry of Internal Affairs

The pension for internal affairs workers is classified as a military pension, but the Ministry of Internal Affairs is responsible for its calculation and payment.

It is prescribed in two cases:

• with 20 years of service
• with 25 years of mixed experience, of which half or more of the time was devoted to service in the authorities. Here it is important to take into account that the dismissal occurred due to health conditions, due to organizational and staffing circumstances, or upon reaching the age limit. In this case, service from the date of assignment of the rank is counted for a period of 12 years and 6 months.

To correctly calculate length of service, you need to refer to the resolution of the Council of Ministers. According to the document, the following are taken into account:

• military service, participation in hostilities
• service in internal affairs bodies, law enforcement agencies, Federal Drug Control Service, Federal Penitentiary Service
• fire service
• training in educational institutions at the rate of 2 months of study – 1 month of service (no more than 5 years)
• serving the sentence (subject to subsequent rehabilitation)

The amount of allowance for pensioners depends on several components: the salary assigned for a regular position and valid before dismissal, and the salary for a special rank. The bonus accrued for length of service and monthly cash food compensation are also taken into account.

The formula can be represented by the following expression:

(OD + HP + NVL) × 62.12% × (50% + (3% × CL), where

OD – official salary;

OZ – salary according to rank;

NVL – long service bonus

62.12% – the amount of monetary allowance established by law (may change);

KL – number of years greater than 20.

If a citizen decides to continue his work activity after dismissal from the Ministry of Internal Affairs, he has the right to do so. The state will continue to pay him for his length of service, but on the condition that he will work in a civilian profession.

Important! If work continues in the Department of Internal Affairs, payments will be suspended.

Municipal employees

From 2020, new rules for increasing length of service are in effect, according to which six months will be added annually to the total amount until the length of service of civil servants reaches 20:

2017 – 15,5;

2018 – 16;

2019 – 16,5;

2020 – 17, etc.

Municipal employees will be able to retire when they reach 56 (women) or 61 (men). If after this the person decides to get a job, then pension payments are not canceled and are not subject to recalculation, unless the citizen continues to work in government bodies. The amount of allowance should not be less than the minimum wage, which is in force in the region of residence (registration) of the citizen.

Pension for civil servants for length of service from 2020 can be calculated using the following formula:

PVL = (45% SZ - SP) + 3% SZ × St,

Where:

PVL - the amount of pension accruals for length of service;

SZ - average salary;

SP - the amount of pension payments for old age (disability);

St - over 15 years of experience.

The average salary is calculated by adding the monthly earnings for the year and dividing the result by 12.

For the calculation we take:

• monthly salary;
• monthly bonus;
• cash incentives;
• monthly and one-time bonuses, etc.

The calculation does not take into account:

• unpaid leave
• being on sick leave due to temporary incapacity for work
• maternity leave
• Holiday to care for the child

In this case, income is divided not by the number of full months, but by days actually worked, and multiplied by 21 (the average number of working days in a month).

Important! An employee, at any time after receiving a long-service pension, has the right to refuse it and switch to an old-age pension and receive all fixed payments.

For teachers

Workers in the teaching field have a number of privileges, for example, the possibility of early retirement (if they have accumulated 25 years of experience) regardless of age.

Twenty-five years of experience entitles you to a pension regardless of age

The following are entitled to a preferential pension:

• directors and their deputies involved in the educational process
• head teachers
• teachers
• educators
• teacher psychologists
• speech therapists
• masters of vocational schools
• teachers and methodologists combining the position of educator
• organizers of leisure activities in educational institutions
• music school teachers
• social educators
• trainers-educators

Separate requirements are also imposed on the institution itself where teaching activities are carried out:

• primary and secondary schools;
• gymnasiums;
• lyceums;
• general education schools for certain categories of children;
• centers for gifted children;
• paramilitary schools;
• sanatorium schools;
• orphanages of all types;
• kindergartens, including nurseries;
• correctional and special educational institutions;
• specialized schools;
• music, art and similar schools;
• rehabilitation centers;
• centers for additional education.

To calculate the long-service pension in 2020 for teaching staff, the following periods are taken into account in calendar order:

• full-time work in accordance with the established standard hours for each category of teachers (this rule does not apply to teachers working in rural schools and primary classes)
• annual emergency leave
• maternity leave
• parental leave until the child reaches one and a half years of age
• sick leave
• obtaining specialized education and advanced training, if before and after this moment the applicant worked in a pedagogical specialty

To calculate the amount of payments, it is necessary to take data from the income certificate for the last 12 months.

A prerequisite for accruals is the presence of an individual pension coefficient, which is equal to 13.8, followed by an annual increase in the lower threshold by 2.4 points until 2025, when it should be equal to 30.

When assigning allowances, it is necessary to stop teaching activities (except for work in private institutions).

Federal employees

All periods are taken into account in the length of service in the federal civil service if the total number of years is at least 16, and this figure will continue to increase every year. Before the salary is assigned, the civil servant must work continuously for at least 12 months, and the dismissal must occur for the following reasons:

• the occurrence of health problems that make it impossible to continue working
• dissolution of a government agency
• dismissal due to reaching retirement age
• staff reduction

When a government agency is dissolved, the requirement to serve a twelve-month period does not apply. If a civil servant at the time of the right to retire in 2020 has worked for the required 16 years, the payment amount will be 45% of the average monthly pay for the position.

For each additional year, 3% is added to the length of service, but in total it should not exceed 75% in total. When calculating the average salary, it is necessary to take into account the limits established by law, which cannot be exceeded. They are different for each position. The length of service of federal employees does not include:

• time spent on sick leave
• maternity leave
• child care up to one and a half years of age
• vacation at your own expense

Financing of long-service pensions is carried out from the federal budget and is calculated using the formula:

PVL = (0.45 x SZ - SP) + 0.03 x SZ × St,

Where:

PVL - the amount of pension for long service;

SZ - average salary;

SP - the amount of pension accruals for old age (disability);

St - over 15 years of experience.

For health workers

In order for a doctor to have the right to long-service pay, he must work in a medical institution for at least 25 years (in rural areas) and at least 30 in the city.

When calculating this time, the following are additionally taken into account:

• urgent leave
• sick leave (provided that there was a deduction to the insurance fund)
• maternity leave and childcare leave up to one and a half years of age
• work as a trainee and intern doctor

Residency training, advanced training, personal leave and work in another position for more than one month during the year are not taken into account.

Positions that are eligible to claim the long service pension in 2020 include:

• obstetric staff
• doctors of various specialties
• junior medical staff
• laboratory staff
• forensic medical examiners
• sanitation specialists

In some cases, one year worked in a medical institution is counted when taking into account the length of service with a certain coefficient, which can be 1.5, as, for example, for ambulance workers or 1.9 for surgeons practicing in rural areas.

Calculation of payments for employees of medical institutions is carried out on an individual basis; employees of public and private centers have the right to apply for it.

For military personnel

Military personnel who have served in the armed forces of the Russian Federation and the USSR for at least 20 years have the right to receive allowances. With mixed length of service, the value should be 25, provided that half or most of it is given to service in the Armed Forces. All pension applicants are entitled to certain bonuses. They are paid if the serviceman has served at least 24 months, and service in the internal, border and railway troops is counted.

Employees of foreign intelligence, the FSB, employees of the state fire service and correctional labor colonies can also count on additional payments. Increasing factors are used to calculate allowances for pilots and divers (1.5). The size of the benefit for former military personnel depends on the length of service, but the bonus is due for a duration of service of 20 years. For at least the last five years, there has been active discussion of increasing the minimum threshold from 20 to 25 years.

From January 2020, you can receive an increase according to the following scheme, depending on your length of service:

Local government officials

Employees are required to comply with the same standards for acquiring the right to a pension as ordinary citizens. However, payments for length of service are subject to additional strict parameters. In general, the list of criteria looks like this:

• reaching the age limit for participation in the relevant work
• Availability:

• insurance experience of at least 15 years (in 2020 - 8 years, in 2020 - 9 years)
• pension coefficients - 30 (11.4 in 2020, 13.8 in 2018)

• Minimum 15 years of service experience in local government bodies
• reason for dismissal:

• in connection with the liquidation of the power structure
• on staff reductions
• reaching the age limit established for this position
• disability

Important Features

Considering that the pension of a municipal employee has a special procedure for assigning it, which is also provided for civil servants, the same rules for changing the amount or recalculating the amount apply to this payment.

An employee can, at any time after receiving a long-service pension, refuse it and switch to an old-age pension, receiving all fixed additional payments.

Recalculation (indexation)

In accordance with Article 18 of Federal Law No. 400, pension recalculation is carried out annually when the cost of the IPC increases.

In particular, the cost of a pension point is set at a fixed amount annually on the basis of federal legislation, but taking into account the level of inflation it is periodically monitored and modified.

And since the pension of a municipal employee consists of two parts, for length of service and for old age, and the IPC is taken into account, if the value of the agreed factor changes, the pension is recalculated.

Delivery methods

In accordance with Article 26 of Federal Law No. 400, the pension is calculated and delivered for the current month at the pensioner’s place of residence on the basis of a submitted application, which indicates both the actual address of residence and the chosen delivery method.

In particular, the pension benefit can be transferred to a bank card, account, or delivered by mail.

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How long does a municipal employee need to work to receive a long-service pension?

A long-service pension is not available to everyone, but only to people in certain professions.

They can count on it:

• miners;
• firefighters;
• astronauts;
• rescue workers;
• civil servants;
• persons who are workers in the fishing industry;
• people of creative professions;
• medical workers;
• teachers and lecturers;
• military personnel;
• test pilots;
• other professions that have harmful and difficult working conditions.

We will talk about such a category of citizens as municipal employees.

Workers in this sector have the right to receive long-service pensions. To do this, you must have at least 15 years of experience and fulfill certain conditions when terminating your employment contract or resigning:

• the municipal employee has reached retirement age;
• if the authority ceased to operate and the employee was laid off;
• the employee has reached the maximum age in this position;
• his term of office has expired;
• his health does not meet the necessary conditions for work in this position;

If an employee has worked for more than 15 years in this field of activity, then for each year over that he is entitled to a 3% bonus, but the entire pension cannot be more than 75% of the average salary that he received during his entire service.

An important point is that the pension cannot be less than the minimum subsistence level.

The procedure for registering pensions for municipal employees

A long-service pension for municipal employees may be awarded simultaneously with disability or old-age payments. To register and assign financial compensation based on age, you should come to the territorial offices of the pension fund.

The pension fund branch is given 10 days to make a decision on granting or refusing a pension.

You need to have with you:

1. passport;
2. pension insurance certificate;
3. a certificate with information on salary for the last year of municipal service;
4. work book;
5. a certificate confirming the right to insurance payment.

To register payment of a pension for years served, you need to go to the personnel department, in whose authority the civil servant served before he was dismissed. However, the payment is assigned only after all conditions for receiving it are met.

The legislation provides for cases in which the payment of funds is terminated:

• death or unknown disappearance of a citizen who has received the right to a pension;
• leaving the Russian Federation for permanent residence outside it;
• loss of rights to receive a pension (by court decision when providing false information to receive payments.

After receipt of the relevant documents by the pension authorities, payments are stopped.

Early retirement for municipalities

Certain categories of persons can receive an early municipal pension after completing a certain period of service and reaching a specified age. This period is different for the male and female half of state civil servants.

Thus, for early retirement for municipal employees, women must reach 53 years of age and accumulate 20 years of experience . For men, these figures are different: 58 years and 25 years of service.

Important! Termination of the employment contract must occur for reasons beyond the control of the employee.

Municipalities can also retire early if they work under special conditions. They are:

• carrying out activities in difficult climatic conditions;
• when performing special duties;
• staying in hazardous production.

In these cases, municipal employees can receive a pension early also at their own request (for health reasons).

Conditions for assigning a pension

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The basic conditions are defined in the Federal Law of the Russian Federation “On State Pension Security in the Russian Federation” and, therefore, are the same for all municipal and state civil servants in Russia.

In order to qualify for a long service pension, a citizen must meet the following conditions:

• he has special work experience;
• acquires pension rights in accordance with the law of the Russian Federation;
• dismissed from service for certain reasons.

Who is entitled to a pension in 2020

In order to understand who has the right to apply for a long service pension in 2020 (including in terms of increase), it is necessary to refer to the federal law of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation”, where the categories of citizens are clearly defined:

• federal state and municipal employees. Minimum 15 years, but there are certain exceptions
• workers in underground or mining operations. Their experience must be at least 25 years, but the amount of payments is 75% of earnings
• emergency services workers. They have the right to retire after working for 15 years, but this rule does not apply to all categories
• civil aviation employees and astronauts. Depends on the type of activity and health status.
• teaching staff. Must have worked for at least 25 years
• medical workers. There is an additional distinction: for everyone who worked in the city, the experience requirement is 30 years, in rural areas - 25 years
• cultural workers. Depending on the position and working conditions, the minimum experience varies from 15 to 30 years
• employees of the river and sea fleet in the fishing industry. Depends on the type of activity, with men going on vacation after 55, and women at 50 years of age
• military personnel. At least 20 years

Minimum and maximum pension amount

Suppose a municipal employee meets the criteria that allow him to count on a long service pension. What size is she?

The legislation of the Russian Federation establishes that the long-service pension is 45% of the average salary of a municipal employee. At the same time, we repeat, for each year worked over 15 years, you are paid in the form of a bonus of 3% of average earnings.

Its maximum size is 75% of the salary level. This means that pension payments are calculated not from the established salary, but from the monetary allowance, which includes official and rank-appropriate salaries, allowances for special conditions of service, monthly incentives and other payments due to a municipal employee.

We also talked about the minimum size above. This type of pension cannot be lower than the minimum wage.

A long-service pension for those persons who left service due to disability is paid in the amount of:

• for groups 1 and 2 - 75% of the monthly allowance;
• for group 3 - 50% of the allowance.

How to calculate your pension?

There is a formula for calculating the amount of pension for long service:

PVL = D x OK x P,

• PVL – the amount of the long-service pension itself;
• D – average monthly salary;
• OK - limiting coefficient;
• P is a percentage expression established depending on the length of service in the municipal service.

The maximum limit is 2.8 times the salary of the corresponding position, and if we are talking about monetary remuneration, then within 0.8 times this amount.

Let's calculate the average monthly income. It is on this basis that the size of the long-service pension is calculated. The law places restrictions on it. It cannot be more than 2.3 times the official salary. For us this amount was 8050 rubles. (RUB 3,500 x 2.3)

The size of a municipal employee's pension is 45% of average monthly earnings if his length of service is at least 15 years and increases by 3% each subsequent year. But this amount should not exceed 75% of average earnings.

We determine the pension coefficient of length of service: 45% is obtained for 15 years, 30% for 10 years after.

We get: 45% + 30% = 75%.

Next, let’s calculate the amount of the long-service pension: RP = 7500 x 75% = 5625 rubles.

Since this pension is assigned in addition to the labor pension, it is limited. The total amount of two pensions cannot exceed 75% of the average monthly earnings of a municipal employee.

In this example, 75% of the average monthly earnings, on the basis of which the size of this pension is determined, is

8050 x 75% = 6037 rub.

The amount of the state pension for long service that we calculated (5,625 rubles) does not exceed 2.3 of the official salary (6,037 rubles), on the basis of which the amount of this pension was calculated.

A municipal employee was assigned a long-service pension in the amount of 5,625 rubles.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

From the long-service pension (RUB 5,625), we subtract the amount of the labor pension (RUB 5,000). The remainder will be the amount of additional payment that is due to a municipal employee for his years of service.

In our example, this difference is 625 rubles. This is exactly the amount that a municipal employee will receive as an additional payment to the basic labor pension.

If there is an indexation of pensions, both for old age and for long service, then this is also taken into account. Thus, with an increase in the old-age pension, the amount of additional payment for length of service may decrease.

This is important to know: What determines the size of the long-service pension?

If the amount of the labor pension exceeds the amount of the long-service pension, then in this case only the labor pension is paid.

Do you need to apply for a pension soon? Find out what documents you will need for this. More details here.

Lately, the government has been increasingly talking about raising the retirement age. How it will happen, read in this article.

About the amount of pension assignments

The length of service amounts depend on the following parameters:

• period of service in government structures
• assignment of regular maintenance in old age
• additional payments and preferences

The pension payment is calculated as follows:

• with 15 years of experience - 45% of average monthly earnings, which includes:

• salary
• additional payment for the position
• premium
• allowances:

• for special conditions
• for an academic degree and special achievements
• for service

• for each year of service over 15, another 3% is added, but not more than 75% in total
• payments are calculated minus:

• pension assigned under civil law (No. 400-FZ)
• basic part of the insurance benefit

Example

In 2010, the official Ivanenkov A. was assigned insurance support due to his age. Its value is 6,500 rubles. (fixed part RUB 3,500). At the same time, in his position he continued to receive an average of 9,500 rubles. (salary 6,500 rubles).

By 2020, his length of service was 25 years.

The MS pension is determined as follows:

1. First, average monthly earnings are calculated. The maximum pension amount is calculated from it:

it cannot exceed 2.3 salaries: 6,500 rubles. x 2.3 = 14,950 rub.

2. Now we look at the experience:

over 15 years - 45%. In the case of 25 years of service, another 10×3% = 30% is added, but not more than 75% in total;

Ivanenkov’s benefit amount will be 75% of average monthly earnings: 9,500 rubles. x 75% = 7,125 rub.

3. The restrictions indicate that, in general, pension benefits (two payments) should not exceed 75% of the average monthly salary, that is, 7,125 rubles.

4. We check whether the calculation did not exceed the criterion of 2.3 times the official salary:

RUB 14,950 x 75% = 11,212.5 rub.

5. Thus, the amount of the length of service pension will be as follows: 7,125 rubles.

6. But previously assigned benefits should be deducted from it:

RUB 7,125 — 6,500 rub. = 625 rub.

7. This will be the additional payment for length of service.

How to apply for superannuation payments?

A municipal employee can apply for a long-service pension at absolutely any time after becoming eligible for it, if he has already been assigned an old-age labor pension.

The application must be submitted to the personnel service of the territorial body in which the citizen served immediately before dismissal.

The following documents must be provided:

1. passport (you need both the original and a copy of all pages);
2. a certificate of positions and periods of work, which include length of service for the assignment of this type of pension;
3. a copy of the dismissal order;
4. a certificate of the average monthly earnings of a municipal employee for the last full 12 months preceding dismissal (it is also necessary to indicate the amounts by month);
5. certificate of assignment of a labor pension for old age (or disability). It must indicate the federal law on the basis of which this pension was assigned, its amount, the date must be the month of dismissal, and the certificate must also have a number and stamp;
6. work book (copy);
7. other documents that confirm periods of service for the purpose of a pension for long service.

After submitting the application, a commission in the territorial body reviews it and makes a decision on assigning a long-service pension to the municipal employee.

This pension is assigned from the day the employee applied for it, but not earlier than the day following dismissal from municipal service and the assignment of an old-age pension.

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Types of pension payments

According to the law, a long-service pension in 2020 is assigned if the following requirements are met:

• if on the day of dismissal the length of service is two decades, the age of the citizen is not taken into account. The amount of payments is 50% of existing earnings, and for each year over 20 an additional 3% is added, but in the end the total amount should not exceed 85% of existing income, which includes not only salary, but also additional incentives for experience, title, food compensation, etc.
• if the total work experience is 25 years or more, while 12.5 or more years of them were given to military service, service in the bodies of: internal affairs; control over the circulation of psychotropic and narcotic drugs; fire service; penal system. The monthly supplement to the pension of civil servants for length of service in this case is 50% of earnings and one percent for each year over 25

What is a municipal pension: general aspects

Legislative aspects of regulating this issue are defined in the Law of the Russian Federation No. 25 “On Municipal Service”, adopted on March 2, 2007.

According to it, the purpose of the municipal service is to ensure the implementation of laws and provisions of the Constitution, as well as the protection of the rights of ordinary citizens. Their salaries are paid from the local budget.

Municipal service has the following characteristics:

• A person holds a position in the municipality.
• His work is related to the performance of the functions of municipal bodies.
• This work is his main place.
• Remuneration under the employment contract is paid from municipal funds.

Due to the importance and complexity of the work they perform, municipal employees have the right to a pension, which is calculated in a special manner. She is appointed for length of service in municipal service.

At the same time, the law establishes a limit on the age of a municipal employee. According to the new pension reform, there is a gradual increase in it. In 2020, women up to 57 years old can work in municipal positions, and men up to 62 years old.

Upon retirement, they receive amounts for long service and insurance pension amounts. Moreover, the first part depends on the level of salary received by the employee in the last year before retirement, if this person has length of service in the municipal service.

I was born in 1965 and am a municipal employee. When will I retire?

The right of municipal employees to pensions for long service is enshrined at the legislative level. The main federal laws governing these legal relations include:

“On state pension provision in the Russian Federation” No. 166-FZ dated December 15, 2001;

“On municipal service in the Russian Federation” No. 25-FZ dated March 2, 2007

It should be noted that these laws deal with general provisions. Considering that payments for length of service are provided from local budget funds, many municipalities adopt their own bills regarding the conditions of appointment and the amount of established amounts.

Municipal employees are entitled to the following types of payments:

long service pension;

share of old-age (or disability) insurance payment;

various types of additional payments and one-time payments if there are grounds for it.

Due to the fact that the municipal long-service pension is established on the basis of not only federal, but also local laws, the conditions for its assignment may differ depending on the municipal authority where the monthly payment is calculated.

The amount of such benefit is set within certain limits. The length of service worked in excess of the standard indicator affects the amount of pension benefits. You should apply for a long-service pension to the personnel records department at your place of service with a package of necessary documents.

As for the pension provision of municipal employees, they are fully covered by the rights of civil servants established by federal laws and laws of the constituent entities of the Russian Federation.

The following types of pensions are provided for municipal employees:

by length of service;

insurance payment for old age or disability.

Pension provision for long service is provided from the local budget of the constituent entity of the Russian Federation.

In terms of legislation, in addition to federal legislative acts regulating the rights of municipal employees to pensions, there are local laws of the constituent entities of the Russian Federation and regulatory legal acts of municipalities. Municipal laws are intended to:

in some cases, specify general rules;

in other cases, make additional changes.

Example

Thus, different constituent entities of the Russian Federation have adopted their own laws on pension provision for municipal employees. For example, the law of the Moscow region dated November 11, 2002 No. 118/2002-OZ, the law of St. Petersburg dated May 10, 2011 No. 204-50, the law of the Republic of Sakha (Yakutia) dated December 15, 2011 1012-Z No. 909-IV, the law of the Novgorod region dated October 22, 2007 No. 173-OZ and others.

To acquire the right to a pension payment, the following conditions must be met:

compliance with federal legislation:

availability of the required age (for men 60 years old, for women 55 years old in 2020),

the amount of insurance experience of at least 15 years (in 2020 - 8 years with a subsequent annual increase by one year until 2025)

the presence of the required number of individual coefficients of at least 30 (in 2020 - 11.4 with a subsequent increase each year by 2.4 by 2025);

having a certain amount of experience in the municipal service (at least 15 years in 2020);

Certain reasons for leaving service:

liquidation of a local government body;

reduction in the number of employees;

reaching the age limit for service;

health does not meet the requirements for performing job duties;

own desire in connection with reaching retirement age.

From the beginning of next year, Federal Law No. 143 of May 23, 2016 introduces amendments to certain legislative acts of the Russian Federation concerning certain categories of citizens, primarily state (municipal) employees. These innovations concern:

retirement age;

requirements for having a certain amount of length of service to assign a pension for long service.

These changes do not apply to citizens who have already received a pension payment and are applying for it before the end of 2020.

The government considers the positive aspects of increasing the age and required length of service to be:

retention of qualified personnel;

budget savings.

Many analysts consider this step to be the beginning of subsequent transformations of the pension system in terms of raising the generally established retirement age for all citizens.

At present, municipal employees who have not completed the length of service that gives them the right to a pension for long service or who have lost this right due to dismissal from service for the wrong reasons can apply for an insurance payment in accordance with federal law.

Retirement age

The retirement age requirement increased significantly after the adoption of the law and, depending on gender, amounted to:

for men 65 years old;

for women 63 years old.

But this increase will take place gradually, increasing by six months every year, starting from 2020. The required values ​​will be achieved by 2026 and 2032, respectively.

Thus, the retirement age for long-service pensions for municipal employees in 2020 will be 60.5 years for men and 55.5 years for women.

In addition, the new law also sets the age limit for civil service to 65 years.

Length of experience in municipal service for the purpose of a long-service pension

The new rules for assigning pensions to municipal employees also imply an increase in the required length of service in municipal positions. At the moment, this length of service is 15 years, but from January next year its value will increase until it reaches 20 years. In this case, transitional provisions are also provided and the missing five years will be added by six months each year.

Thus, in 2020, the length of service required to qualify for a pension for municipal employees will be 15.5 years.

Moreover, the required amount of service must be continuous over the last years preceding the registration of the “special” pension.

Pension amounts

The general procedure for calculating the amount of pension provision for municipal employees assumes an amount equal to 45% of the average monthly salary minus:

old age (disability) insurance payment;

fixed (basic) amount for the insurance pension;

increases established in accordance with the federal law “On Insurance Pensions”.

At the same time, for years worked in excess of the required norm, the long-service pension will increase by 3% of the average monthly earnings for each such year. However, the total amount of pension benefits (both insurance and length of service) cannot be more than 75% of the employee’s average monthly salary.

When assigning a payment, the average monthly salary is calculated based on the income for the last 12 months of service.

It is worth noting that different regions may set different pension amounts. Thus, the law of the Moscow region establishes the amount of payment equal to 55% of the monthly official salary, and the laws of such constituent entities of the Russian Federation as the Republic of Sakha (Yakutia) and the Novgorod region do not deviate from the generally accepted norm of 45%.

However, such laws have not currently been adopted in all municipalities.

Supplement to pension and one-time cash incentive

Local laws of municipalities may establish additional cash payments to pensions for long service. Any changes in the amount of pension provision for municipal employees are possible if:

change in size due to an increase in the salary of civil servants;

length of service longer than required.

In some regions, a one-time cash incentive may be established when entering a municipal pension for long service. This payment usually depends on:

from the salary for the month preceding the month of dismissal;

and on the duration of the service itself.

The peculiarity of pension provision for municipal employees is that this category of citizens is entitled to only one type of pension (insurance or length of service), therefore, if a more profitable option is chosen, an increase is established as part of the payment under the second option.

Procedure for appointment and payment

To apply for a long-service pension payment, you must contact the personnel department of the government agency where you served in the municipal service immediately before your dismissal. The application can occur at any time after becoming eligible for this type of pension. Thus, the pension payment is assigned from the date of application for it, but not earlier than the right to it.

For payment of an insurance pension, you should contact the territorial bodies of the Pension Fund. To apply for a pension, you must submit the following package of documents:

passport;

work book and other certificates confirming the required length of service and dismissal from the municipal body;

pension insurance certificate;

military ID (if such service is available);

salary certificate for the last 12 months of service to calculate the amount of payment;

a certificate of assignment of old-age insurance payment indicating the federal law on the basis of which it was established.

After reviewing all the necessary documents, a decision is made within 10 days to assign or refuse to establish a pension for long service.

The payment to the municipal service employee is transferred monthly in accordance with the delivery method chosen by him:

through a post office (at home or at the branch of the organization at the place of registration);

through the bank (directly at the branch or by transfer to a current account);

through an organization engaged in the delivery of pension payments.

Who is entitled to receive a municipal long service pension?

The right to receive a municipal pension is given to citizens who have entered into a contract for municipal service on a permanent basis. The source of payment of their pensions is the local, and in some cases, the federal budget.

In addition to federal legislation, basic rules can be supplemented at the local level. In particular, the list of municipal positions is approved in each municipality individually.

The list of positions can be classified into groups:

• Local government bodies;
• By election commissions;
• According to functional characteristics.

Municipal employee status

The defining features of this type of professional activity of citizens are set out in legislation. The differences between municipal service and other types of employment are:

• work on a permanent basis in positions in local government structures;
• financing from the local budget.

Like civil servants, local government employees have the opportunity to receive an additional pension. At the same time, municipal employees do not include persons who ensure the work of local administrations using various technical means (for example, cleaners, security guards, electricians, etc.). Subjects of the Russian Federation independently establish lists of positions that serve as the basis for drawing up staffing schedules. The table shows options for classifying workers in accordance with the following registers:

Rules for calculating pension benefits for municipal employees:

Formula for calculations

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The exact procedure for calculating the pension of a municipal employee is specified in the adopted local regulations. In general, it usually looks like this.

The basis is 45% of the average official salary of a municipal employee, which he had in his last year of work.

After this, it is necessary to determine how many years the employee has worked over 15. For each year he is entitled to an additional 3% accrual to the pension payment.

Pension = Average earnings x (45% + 3% x (number of years worked - 15))

In addition to the basic long-service pension, an employee may receive an insurance pension and other additional payments.

To determine the average salary for the previous 12 months, the following payments are taken into account:

1. Monthly salary for position;
2. Additional pay for length of service;
3. Monthly salary according to class rank;
4. Additional payment for special conditions of civil service;
5. Additional payment for working with information constituting a state secret;
6. Bonus paid monthly;
7. Additional bonuses paid for performing special tasks;
8. One-time payments for paid leave and financial assistance.

Taking into account length of service when calculating pensions for length of service in local self-government bodies

Speaking about how the municipal pension is calculated from 2020, it is necessary to point out that it is planned to increase service output from 15 to 20 years. Such an increase will not occur immediately, but gradually. Every year, the required amount of experience to retire increases by six months.

In order to obtain pensioner status in 2020, a local self-government employee will need to work for 15.5 years . In 2019, this figure was 15 years.

Accounting for additional payments and one-time payments when calculating benefits

When calculating the pension benefit for a municipal employee, additional funding must be taken into account. It is aimed at payments based on length of service.

The change in value occurs:

• when an employee's salary increases;
• if you have a length of service that is more than the minimum requirement for retirement.

Some regions have established a one-time additional payment when an employee goes on vacation. This amount depends on the monthly salary and the duration of work in local government.

Pensions for municipal employees: latest news and new innovations in 2020

Next year, municipal employees can expect further changes that will have a significant impact on the processing of payments. First of all, there will be another stage of raising the retirement age, which next year will be:

• 61 years for men
• 56 years for women

This reform started in 2020 and is designed to raise the age limit to 63 years for women and 65 years for men.

The second indicator that will affect your future pension is length of service, which allows you to retire. In 2020, this parameter will reach 16 years, which is 6 months higher than the current year’s standards. In the future, the minimum length of service will be 20 years.

In addition, the age limit for being in the civil service is being increased, which will make it possible to retain the most experienced personnel at work. Next year this figure will be:

• 65 years for ordinary employees
• 70 years for senior executives

As a result, the government apparatus will not lose employees who have significant knowledge and skills.

Pensions for employees are calculated in the same way as for all citizens

The principle of calculating the pension of a municipal employee in 2020 will remain without significant changes, which is fixed in the current legislation. The amount of the payment remains tied to the salary and depends on the total length of service. The maximum level of pension cannot exceed 75% of salary, and the minimum level is 45%. An additional year of experience increases this indicator by 3%.

Payments to pensioners next year will be indexed in accordance with current legislation. Improving external factors allow officials to increase pensions without significant consequences for the budget deficit.