Dismissal due to retirement is a procedure that follows standard rules and is almost no different from the classic dismissal of an employee from the enterprise. But there are a number of nuances that must be taken into account when filling out a number of documents by the employer and pensioner. What are the intricacies of dismissing an employee of retirement age? How is the procedure organized? What entries should be made in the work book? What to consider when organizing document flow? We will consider these and other aspects below.
When is an old-age pension granted?
A citizen has the right to an old-age insurance pension if certain conditions described in Art. 8 of Law N 400-FZ “On Insurance Pensions”:
- Reaching the statutory retirement age: 65 years for men, 60 years for women.
It is worth noting that some people can retire earlier (Article and Law of December 28, 2013 N 400-FZ). Lists of professions, jobs and organizations, taking into account which early retirement pensions are established, are approved by the Government of Russia. - Having at least 15 years . The bar for length of service is being raised in stages: in 2020 - 10 years and, adding one year at a time, will increase to 15 years by 2024.
- 30 IPC (individual pension coefficients). This requirement is also not being introduced immediately: in 2019 - 16.2 points, with an annual increase of 2.4 until the specified amount of points is reached by 2025.
How to properly quit a pensioner's job
The dismissal of a pensioner follows the same procedure as the dismissal of a regular employee, but with certain nuances. They are associated with such a concept as “retirement”. Employers' interpretation of this concept is not always correct, and they dismiss a pensioner in violation of labor laws.
If a pensioner goes to court, he can demand reinstatement in his job and payment of compensation for moral damage.
A working pensioner dismissed in accordance with the law without his consent at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation) is provided by law with all the general guarantees provided to any other categories of employees.
- Thus, when staffing is reduced, a pensioner is provided with severance pay equal to the average monthly salary.
- At the same time, for the period of subsequent employment, this pensioner must maintain an average monthly salary for two months.
Leaving a job voluntarily
An employee's retirement due to reaching retirement age is not considered dismissal. According to the legislation, this is the full right of a citizen to establish a pension. Dismissal of a pensioner at his request is the right to receive a pension.
The labor legislation of the Russian Federation does not establish a time period between the voluntary dismissal of a working pensioner and the receipt of the right to a pension. Such an employee can submit an application immediately as soon as he receives the right to retire, or some time later . Moreover, the dismissal of an employee due to retirement must be made from the date specified in the application.
The employer does not have the legal right to set deadlines for work or refuse dismissal.
Application for resignation upon retirement
In accordance with the procedure established in the Labor Code of the Russian Federation, a working pensioner, on his own initiative, writes a letter of resignation. In it he states :
- position and full name of the employer;
- your position and full name;
- a request to dismiss, which indicates the date of dismissal.
- puts the date of submission of this application and his signature.
Sample letter of resignation due to retirement
To avoid conflict situations, it is better for the pensioner to take a photocopy of the application , and ask the person accepting the application for registration to indicate the number and date of the incoming document on the second copy.
2 weeks work upon dismissal
Dismissal due to retirement is a special case of dismissal at the request of the employee. Its peculiarity is that the pensioner has the opportunity to resign on the day he wants, without notifying the employer 2 weeks in advance, as in standard dismissal situations.
Dismissal of an employee of retirement age at his own request without working out is a benefit that is guaranteed to him by the Labor Code of the Russian Federation. Therefore, in the application you need to write the reason for which the dismissal will occur. In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee can resign at will without working the required 2 weeks due to circumstances that do not allow him to continue working.
Among these reasons is the employee’s retirement.
Recalculation of pension after dismissal in 2020: procedure and timing
It is important to understand how to initiate this process.
For a better understanding, let's look at an approximate action plan:
- The decision to leave. To do this, you should write a corresponding statement to the employer. Two weeks of service is not used for a person who has already served the minimum period. It is enough for him to notify his superiors three days before leaving and indicate the reason “retirement”.
- Three months after leaving, the person will be paid an increased pension rate.
- After another month, the Pension Fund will take into account the data for the last month. All missed indexings will be taken into account. At their expense, the regular payment increases.
- Another month later, documentation is submitted with information about the applicant’s dismissal.
- A representative of the enterprise draws up a report for the last month worked by the pensioner. Then he submits it to the Pension Fund no later than the 10th day of the next month.
On a note! If, say, you are planning to go on vacation at the end of November, then you will only be able to receive your well-deserved and long-awaited salary in March. In this payment, you will take into account the increase for December, January, February, when there was already a basis for an increase. In most cases, SNILS + passport is a standard package for the Pension Fund of the Russian Federation in the event of a revision of the payment amount.
A statement is also drawn up. If necessary, an authorized employee will independently make inquiries to the necessary authorities in order to collect the necessary information. Note!
A person can submit documents to the Pension Fund by visiting a branch in person, through the MFC or a legal representative. The application can also be sent by mail, through the PF website. The application must contain the following information:
- reasons requiring revision;
- passport information;
- list of additional papers.
In case of personal civil appeal, the review must be carried out within up to 5 days.
The applicant is informed of the decision. If the outcome is positive, an increase is given. If not, there must be a justification.
Illegal refusal is always possible
Payments to employees upon retirement
The payments due to a pensioner are similar to those due to a dismissed employee who has not reached retirement age. In accordance with Art. 127 of the Labor Code of the Russian Federation, a former retired employee, in addition to wages, has the right to receive compensation for vacation that was not used during the period when he was in an employment relationship.
A collective agreement or other acts of the enterprise may provide for special payments for employees retiring. The amount of these payments is not regulated by law.
According to Art. 178 of the Labor Code of the Russian Federation, an employee dismissed due to staff reduction is entitled to severance pay in the amount of the average monthly salary. Until subsequent employment, the employee retains the right to receive this payment, but not more than for two months .
The law does not classify pensioners as a separate category and does not provide for any additional material guarantees, therefore the above rule applies to all employees.
Very often controversial cases arise around the provisions of Art. 178 of the Labor Code of the Russian Federation, which establishes the possibility of extending the payment of severance pay to 3 months This is possible when a former employee, who registered with the employment center within two weeks from the date of dismissal, was not employed due to the lack of a job that suits him. does not apply to old-age pensioners , because... by virtue of Art. 3 of Law No. 1032-1 of April 19, 1991 “On Employment of the Population in the Russian Federation”, persons recognized as unemployed are accepted for registration with employment authorities, and as such, according to paragraph 3 of this article, long-service or old-age pensioners cannot be recognized . to disability , and provided that their health allows them to continue working, can count on a three-month benefit upon dismissal due to staff reduction
Is it possible to fire a pensioner without his consent?
An employee of retirement age can be fired only like other employees of the enterprise, i.e. on a universal basis . There is no article in the Labor Code of the Russian Federation that gives the employer the right to get rid of an employee just because his age exceeds 55 or 60 years.
The reasons for dismissal of a pensioner, like any ordinary worker, may be as follows:
- in connection with the liquidation of the company (Article 180 of the Labor Code of the Russian Federation),
- at the request of the employee himself (Article 80 of the Labor Code of the Russian Federation),
- by agreement of the parties (Article 78 of the Labor Code of the Russian Federation),
- in other situations described in Art. 81 of the Labor Code of the Russian Federation (violation of one’s labor duties, low qualifications (required to be confirmed by certification), staff reduction, absenteeism, theft, presence at work while intoxicated).
Retired status does not provide any grounds for dismissal. When faced with illegal actions by an employer, a pensioner has every right to file a lawsuit .
Entry in the work book
Filling out the work book is the responsibility of the HR department employee. He signs and seals the company. If the company does not have a seal, then the order is signed by the boss. The entry in the order and work book about dismissal must match word for word.
The exact procedure for registration is not established by law; the standard mark is as follows:
- serial number;
- date of removal of the employee from work;
- record of dismissal, length of service;
- details of the order from the manager;
- signature and seal of the boss;
- pensioner's signature.
Will working pensioners receive pensions?
According to the legislation of our country, a person retains the right to receive a pension even when he continues to work. of stopping is currently being considered . In 2020, the Ministry of Finance proposed to implement this measure in one of two ways:
- for persons who continue to work regardless of the amount of their wages - complete abolition of the basic part;
- setting limits on the level of monthly income.
Already now, in accordance with Article 26.1 of the Law “On Insurance Pensions,” a decision has been made to abolish the indexation of pensions for pensioners who continue to work. To date, no official information has been made about payments for working pensioners. The issue of withdrawing workers' pensions is not yet being considered by the Government.
, there is no provision for the return of pension indexation to pensioners who are employed .
Where to go to recalculate your pension after dismissal in Moscow
This period is due to the fact that the employer provides monthly reports for the past period in the first half of the current month, and the decision to pay an increased pension is made in the month following the one in which the Pension Fund received information about the person’s termination of work. The recalculation algorithm (using the example of an employee who quit in April) is as follows:
- in the information submitted in May, the pensioner is listed as working;
- in the June reporting, the Pension Fund will receive up-to-date data;
- The first recalculated payment will be made in August.
- in July the Pension Fund will index the pension;
Recalculation is made taking into account the following indicators:
- periods of work experience for which insurance contributions were received;
- number of pension points;
- individual pension coefficient.
- indexations carried out since 2020;
- the amount of insurance contributions transferred by the employer;
Since January 2020, Federal Law No. 134-FZ came into force, on the basis of which the indexation of payments for working pensioners after dismissal is applied from the first day of the month following the one in which the employment contract with the employee was terminated.
The recalculation procedure remains the same - the pensioner will receive the full amount of payment 90 days after dismissal, but, unlike previous years, now the state will pay compensation for this period.
Along with the increased pension, the difference between the previous and new amounts of payments for the past three months will be listed. When downsizing, every citizen of the Russian Federation can count on certain social support from the employer and the state. In addition, if a citizen being laid off is elderly, then his pension must be recalculated. Dear readers! Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to know how to solve your particular problem
A working pensioner quit his job: will his pension increase, is it necessary to make a recalculation to the Pension Fund of the Russian Federation
To do this, you must personally contact the Pension Fund employees with an application for recalculation.
If this is not done, the same amount will be paid. Today the form of law in the country is indicative. That is, if citizens do not demand certain actions from government agencies, then they do not need it.
Based on this, in the absence of an application, a citizen does not need to recalculate; he is completely satisfied with his existing income. It is worth considering in more detail the rules and terms for recalculating pensions in order to get what you are entitled to.
The recalculation procedure is regulated by current laws and internal regulations of the Pension Fund.
If a pensioner quits his job and wants to receive the indexation that he did not receive while working, then he needs to follow a few simple steps. Step 1 Make an appointment with Pension Fund staff.
This is not a mandatory step, but it will save you time in line. Registration can be made through the State Services portal or the Pension Fund website. Interestingly, synchronization does not occur simultaneously.
This means that two people can be registered for one time.
However, Pension Fund employees cannot refuse admission to one of the citizens. You can make an appointment through State Services Step 2 Collect the necessary documents.
You will need to provide a passport, pension certificate, work book and application. Its form can be downloaded on the Pension Fund website, since the current form is available there. If questions arise when filling out, it is better to leave these fields. But then you will have to take a pen with you, since the color of the ink must be the same.
Collect the necessary documents Step 3 Providing a package of documents to the Pension Fund employee and waiting for recalculation. Wait for a response from the Pension Fund of Russia Step 4 Receive money, taking into account the amendments.
Get paid Important! It is not necessary to go to the Pension Fund in person; it is possible to wait until the employer provides a report indicating that the employee resigned. However, Pension Fund specialists do not always recalculate without a corresponding application.
After updating the amount, you can start working again.
Comments (26)
Showing 26 of 26
- Alexey 06/21/2016 at 23:56
Hello! I submitted my resignation because... I’m leaving for retirement, but the director doesn’t sign it. He says that I need to work for 2 weeks. Is this legal?answer
- Lyudmila 06/29/2016 at 13:12
In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee can resign at will without working the required two weeks due to circumstances that do not allow him to continue working. Among these reasons is the employee’s retirement. In the application, you had to write the reason for which the dismissal will occur.
Thus, the employer does not have the right to demand work from you in this situation. To protect your rights, you can contact the Labor Inspectorate.
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Good afternoon! I will soon turn 55 years old. There are rumors that the manager is going to terminate the employment relationship. How does this all happen? Should I be informed about this in advance?
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Alina 07/06/2016 at 16:51
You can only be fired on general grounds. The reasons for dismissal of a retired employee, like any ordinary worker, may be as follows:
- due to liquidation of the company;
at the request of the employee;
If you encounter illegal actions on the part of your employer, you have the right to file a claim in court.
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My retired employee wrote a statement of his own free will in connection with his retirement. In the order, I will indicate the reason for dismissal: “my own desire in connection with retirement, part 3 of Art. 80 of the Labor Code of the Russian Federation" is this correct? Or write it like this: “own desire in connection with retirement, clause 3, part 1, article 77 of the Labor Code of the Russian Federation”? And how to make an entry in the employment record: “dismissed at his own request due to retirement, Part 3 of Art. 80 Labor Code of the Russian Federation"; or like this: “dismissed at his own request due to retirement, clause 3, part 1, art. 77 Labor Code of the Russian Federation"?? Please tell me. Thank you.
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- Natalya 01/10/2017 at 07:45
The wording will be everywhere: “The employment contract was terminated at the initiative of the employee in connection with the retirement of clause 3, part 1, art. 77 Labor Code of the Russian Federation."
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In the dismissal order: “In connection with the termination of the employment contract at the initiative of the employee (dismissal at his own request - in connection with retirement) (clause 3 of Article 77 of the Labor Code of the Russian Federation).”
The work book should indicate: “The employment contract was terminated at the initiative of the employee in connection with retirement, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation,” this is clause 5.6 of the Instructions for filling out work books.
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The entry in the employment record must correspond to the entry in the dismissal order.
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In the dismissal order: “In connection with the termination of the employment contract at the initiative of the employee (dismissal at his own request - in connection with retirement) (clause 3 of Article 77 of the Labor Code of the Russian Federation).” The work book should indicate: “The employment contract was terminated at the initiative of the employee in connection with retirement, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation,” this is clause 5.6 of the Instructions for filling out work books.
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What should a personnel officer do in this situation? A pensioner comes to the HR department on 04/28/2017 at 14:30 with a request to resign on 04/28/2017! I didn’t inform my immediate manager! Please note: this is the Friday before the May holidays!
The head of the institution is not there - at a meeting in the region! The pensioner is stubborn - I won’t work anymore! How should I pay him the amounts due on the day of dismissal!? We are not a private shop - we pay money through the Ministry of Finance! And how can I issue a work permit if the manager did not sign the order?
In general, if I don’t fire you, I’ll get it from the labor inspectorate! If I fire you, I’ll get it from my manager for arbitrariness! And then from the labor inspectorate, since I’m not a fairy, I still can’t conjure money onto his card! Well?
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The other day I resigned of my own free will with retirement, but in my work book they only wrote “on my own initiative, paragraph 3 of Article 77 of the Labor Code of the Russian Federation”...
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I wanted to resign of my own free will on May 29, 2020. The last day of work is May 27, 2020. The personnel told me that I should write a statement on May 27, but I’m still working on that day. Where's the justice?
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- Nadezhda 05/17/2017 at 12:32
The day of dismissal is the last working day. This is not a vacation, where they write from what date to what date, but dismissal (in the application write “I ask you to dismiss me from my position on May 27, 2020 at my own request in connection with retirement”).
That is, if your last working day is May 27, then your dismissal date is May 27. On this day, you must be paid in full (salary, compensation for unused vacation, severance pay in connection with retirement).
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Hello. My employee will reach retirement age on June 3, but has now submitted a statement that he asks to be dismissed on June 9 of his own free will in connection with his retirement. Should I use this wording, or is it better simply “at my own request”, since I have not yet reached retirement age at the time of filing my application?
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My husband is a carriage inspector. Developed preferential service (retirement at age 55). There are 7 months left until retirement. Suddenly went blind in one eye. He was offered to work until retirement in a position with a much lower salary or resign of his own free will. How will both options affect the size of his pension? What to do so as not to lose when calculating your pension?
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Good afternoon I am 55 years old, I wrote a letter of resignation of my own free will with retirement. But then I decided to stay because I have a 15-year-old child, but the manager refused. What should I do in this situation?
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Hello. How long is the continuous service of a retired medical worker who resigned of his own free will and is located in the Far North? The HR department refers to the health care law, which states that continuous work experience is maintained only for a month. For me it was 1.5 months. I read that in the regions of the Far North, medical workers maintain continuous service for 2 months from the moment of voluntary dismissal until they are hired for another job. Is this true and what valid document can I provide to HR? Thank you.
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Hello! Please clarify the situation. I have extensive medical experience and am a working pensioner in the Far North region. In 2015, I decided to change my job. They offered me a place in another city in the same region. I agreed and resigned from my previous position of my own free will on 01/16/15.
From 01/16/15 to 01/18/15 there were two additional days of vacation without saving. A certificate from the place of work has been provided. In the work book, the day of dismissal is 01/16/15. I went to advanced training courses from 01/18/15 to 03/26/15 in St. Petersburg at my own expense, not from my employer. As a result, I was hired only on 05/06/15, when a position became available.
Question: was the service interrupted or remained continuous? I didn’t change my field of activity, neither did medicine.
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Hello. I have a position with financial responsibility. Can an employer deduct shortfalls from wages upon dismissal due to retirement?
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Mom works for a private owner. He wants to resign and, on the basis of the law, in connection with retirement, receive 2 salaries. Is it possible? They say that a person has the right to resign due to retirement and receive 2 salaries indicating this receipt of money in the work book.
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An entry in the work book about dismissal is made on the basis of the Labor Code, paragraph 3, article 77 for old age. The Education Department requires that an entry be made “in connection with retirement from an old-age insurance pension.” How to write correctly?
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Hello. Please tell me what to do. I am a pensioner and work as a craftsman. From November 1, 2020, our site is transferred to another enterprise. Can I resign due to retirement on October 24, 2020 and get a job as a foreman in another company on November 1, 2020?
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Hello. I live in the North (Murmansk region), I’m going to quit when I retire. I work in the social sphere, in the government. institution. Am I entitled to any financial benefits due to dismissal? And how many months does continuous tranquility last? experience in case of getting another job? Thank you.
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Good afternoon. There is a salesperson in our regional office who turns 55 on September 30, 2019 (37 years of experience) and wants to continue working. The administration does not want to keep her at work. What is the correct way to fire this employee?
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- Irina 09.13.2019 at 13:33
Good afternoon. Unjustified dismissal of an employee of pre-retirement age will entail criminal liability for the employer.
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Retirement date: 09/19/2020 (55.5 years). I will quit my job. When is the best time to quit your job? On this day? Sooner or later? What's best for me?
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Where to go to recalculate your pension after dismissal in Moscow
But if a pensioner resigns, he will receive the amount of the insurance pension and a fixed payment to it, taking into account the indexation and adjustment that took place during the period of his work, starting from the 1st day of the month following the month of termination of work. The law placed working and non-working pensioners in unequal conditions: the unemployed receive an annual increase in their pensions, while the working ones do not.
For the entire period of the employment relationship, initial accruals are “frozen” until the termination of work. A recount occurs when citizens officially stop working. The issue of increasing the amount of pension payments is one of the most pressing for both pensioners themselves and the government. The reason for this is the growth of the consumer price index, growing inflation and instability in the social sphere.
In this article we will talk about how pensions are recalculated for non-working pensioners after dismissal, as well as what nuances of this procedure you should be aware of.
But they increase the fixed payment, not the entire pension? Or they use coefficients, and you use percentages.
Which calculation is more accurate? Thank you. Recalculation of pensions is an adjustment of the amount of payments due to a change in certain circumstances, including changes in the legislative framework or the provision of new documents by the pensioner.
Two months after dismissal, the pensioner will begin to receive payments in a larger amount. This is how much time the Pension Fund allocates for processing the information received.
Retired workers, in addition to those employed, include self-employed individuals working under a patent and individual entrepreneurs.
They pay insurance premiums to the Pension Fund personally.
The suspension of indexation also applies to this category of pensioners. From January 2020, after a pensioner stops working, the full pension, taking into account all indexations, will be paid for the period from the 1st day of the month after dismissal.
Pensioners who worked in 2020 will have their insurance pensions increased in August 2020 (non-declaration recalculation) based on the pension points accrued for 2020, but in monetary terms no more than three pension points.
