Legislative regulation of the issue
Medical workers in the Russian Federation have a number of social benefits, one of which - the opportunity to retire medical workers based on length of service - is established by paragraphs.
20 clause 1 art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”. The pension reform being carried out now has also affected this situation (on October 30, 2018, a new law on preferential pensions for health workers based on length of service was adopted - No. 350-FZ “On amendments to certain legislative acts of the Russian Federation on the appointment and payment of pensions”), but retained it essence: doctors have the right to issue payment ahead of schedule.
The list of professions and positions to which this benefit applies was approved by Decree of the Government of the Russian Federation dated October 29, 2002 No. 781.
Which medical workers are entitled to retirement benefits?
Since having sufficient medical experience presupposes the provision of a certain benefit in the form of retirement earlier than usual, the need naturally arose to specify the positions of healthcare workers who are entitled to it.
In this regard, the Government issued Resolution No. 781 on October 29, 2002, which contains the corresponding list of positions.
Reference! The legal document in question also establishes a list of teaching staff entitled to this benefit.
So, according to the Resolution, healthcare workers who have the opportunity to receive early financial support include:
Senior medical staff
- medical practitioners;
- doctors who hold economic and administrative positions in healthcare institutions.
Nursing staff
- nurses (including senior and chief);
- paramedics (including senior ones, heads of first aid stations);
- midwives;
- laboratory assistants (including x-ray technicians);
- dentists and dentists;
- medical technologists and disinfectors.
The list presented in this article is not exhaustive.
In general, the category of beneficiaries should include those employees of healthcare institutions who directly carry out medical activities and have a medical education. For other employees of medical institutions (for example, administrative and technical personnel), the calculation of length of service occurs on a general basis.
Conditions for early payment for medical workers
To receive a preferential pension, a medical worker must meet the following conditions:
- His position or profession is included in 781 decisions on benefits for health workers.
- He has the required length of experience: at least 25 years if the citizen works in rural areas and at least 30 years in cities.
- A citizen has earned a sufficient number of pension coefficients, in 2020 this number is 18.6, for 2020 the minimum IPC value is 23.4.
- Since 2020, an additional requirement has been introduced - to wait for a period of deferral of the assignment of a preferential pension. This period is several months between the moment when a citizen, by all other parameters, has already earned an early pension, and the time when he has the right to actually start receiving it. If in 2020 the exit was delayed by 12 months, for early retirement for health workers in 2020 the change will be already 24 months.
IMPORTANT!
If a citizen, by all other parameters, is entitled to a preferential pension for medical workers in 2020, the change obliges him to wait another 24 months before applying for it.
In what cases is medical experience interrupted?
The rules by which medical experience is calculated are similar to the rules relating to all other professions and should be based on pension legislation.
An interruption of service will occur if the health worker quits and gets another job more than 3 weeks after that, provided that the dismissal occurred on his own initiative. The law offers 3 months to look for another job, and the length of service will not be interrupted if the reasons for dismissal from a medical institution were different:
- staff reduction, liquidation, reorganization;
- the detention was unjustified, after which the employee was acquitted;
- service in the Armed Forces upon conscription under a contract for 1 year;
- There is little time left before retirement.
The calculation of the medical continuous period is carried out by analogy with the insurance period. It includes all years worked without interruption of activity for a period longer than that provided by law.
Periods of experience that are counted towards preferential payments for doctors
Since the early 90s, the pension legislation of the Russian Federation has unambiguously resolved the issue of length of service for preferential pensions for medical workers. In order for a particular length of service to be considered as preferential, it must be contained in the list of such, valid at the time when the length of service took place. At different periods, the following regulations were in force regulating the lists of preferential positions:
Until 01/01/1992 | Resolution of the Council of Ministers No. 1397 of December 17, 1959 |
01.01.1992 – 31.10.1999 | Resolution of the Council of Ministers of the RSFSR No. 464 of 09/06/1991 |
01.11.1999 – 31.12.2001 | RF PP No. 1066 dated 09.22.1999 |
From 01/01/2002 to present V. | RF PP No. 781 dated October 29, 2002 |
That is, in order for work in a hospital, for example, in 1993-94, to be considered as a period giving a benefit, the position or profession of the person must be contained in Resolution No. 464. Currently, it lists the positions for which a preferential pension is awarded to medical workers, the list of positions in the order 781.
The procedure for calculating length of service is also different: as a general rule, it is calculated by the calendar method, that is, one year of actual work in a medical position is equal to one year of experience. But sometimes the preferential length of service for the retirement of medical workers is calculated according to the rules when one year of actual work is equated to a longer period of calculated length of service - this possibility is established by clause 5 of the rules for calculating periods of work, which are approved by the same resolution No. 781.
Position, profession | The procedure for calculating length of service |
Health workers working in rural areas | 12 months of actual work for 15 months of calculated experience |
Employees of surgical departments, ambulances, anesthesiologists, pathologists, forensic experts | 12 months in 18 |
Doctors belonging to the second group, working in rural areas, are a category that combines the previous two | 12 months in 21 |
Calculation of preferential length of service
Preferential length of service is calculated depending on the period during which the work was carried out, and which group of beneficiaries the doctor belongs to.
However, there are a number of conditions that change the rules for calculating preferential length of service:
- • For doctors working in rural areas or urban settlements, 1.3 years are earned for every 12 months.
- • Specialists who are included in the List of professions subject to special consideration of length of service are awarded 1.5 instead of one year worked.
- • For medical institutions of the Russian Federation located abroad, length of service is calculated 1:1.
The estimated 12 months are calculated if the physician has worked the required amount of time during the specified period. Until November 1, 1999, this indicator did not affect the benefit. Therefore, part-time workers could also benefit from special conditions, but this generalized approach was subsequently abolished. At the moment, only those periods of time that were worked out according to established standards are subject to accounting.
For health workers who have mixed experience, the calculation is made for each individual entry in the work book. They will be able to retire early only if they accumulate the required benefit period in total. When combining several professions, the work time for each of them is summed up and taken into account if the time standard has been worked out.
What professions allow you to count a year as one and a half years?
Resolution No. 781 approved the List of medical positions, the time worked for which is calculated according to the maximum coefficient. The professions listed in it receive 18 months of preferential service for every 12 months worked.
The List includes:
- • Surgeons of any specialties and profiles.
- • Nurses helping in operating rooms, working in purulent surgery, as well as burn, trauma, oncology, microsurgical, otolaryngological, orthopedic departments.
- • Midwives.
- • Anesthesiologists.
- • Resuscitators.
- • Nurse anesthetists.
- • Ward nurses in anesthesiology, resuscitation, intensive care.
- • Forensic experts.
- • Mid-level medical personnel performing autopsies and forensic examinations.
- • Pathologists and other health workers in pathology departments.
- • The specified professions must be registered in the work book in the same form as in the List.
- • Only under this condition is the length of service taken into account at a preferential rate.
Controversial issues in determining the required length of service for a medical worker
Controversial issues often arise when calculating preferential length of service, because The lists changed according to the requirements of the time and the state. Consequently, the periods of service correspond to the laws of different years.
Experience can be preferential, where 12 months will be counted for 1 year and 6 months - this experience is taken into account if a doctor or junior medical workers held a position or worked in an institution that is on the corresponding list.
Rural doctors and paramedics have priority. The experience requirements for such a specialist are less - 25 years versus 30 years of “urban” experience.
Unlike length of service, deferment is not limited to work in the medical field; however, not all medical workers will want to change activities.
Procedure for calculation and accrual of payments
The payment amount is calculated using the formula:
SP = IPK × SPK + FN,
Where:
- SP - the amount that the citizen will receive;
- IPC - individual pension coefficient;
- SPK - cost of one coefficient;
- FN - fixed allowance.
IMPORTANT!
The IPC is an individual value; each citizen in his personal account on the website of the Pension Fund of the Russian Federation or by contacting directly the division of the Pension Fund of the Russian Federation has the right to find out exactly how much his IPC is.
SPK is a value established annually; in 2020 it is 93 rubles 00 kopecks.
The amount of the fixed bonus depends on the age of the person, the region in which he worked, the presence of disability and the number of dependents. The maximum allowance for a citizen over 80, a disabled person of the first group, with at least 15 years of work experience in the Far North and three dependents is 25,588 rubles 14 kopecks per month. The minimum supplement is 5,686 rubles 25 kopecks.
An example of how to calculate a pension for medical workers based on length of service
The citizen earned 70 IPC points for his work, he is only 58, he has never worked in areas with difficult climatic conditions, he has no disabilities and no dependents. The payment for such a citizen will be:
SP = 70 × 93.00 + 5686.25 = 12,196 rubles 25 kopecks.
The procedure for calculating preferential pensions for medical workers is similar to the procedure for calculating other payments: the pension is calculated monthly. Receipt options:
- through a bank;
- using Russian Post;
- through a specialized organization that delivers payments in the region where the pensioner lives.
Periods of work that count towards length of service
To calculate medical experience, it is important to know what is included in medical experience. Let's look at these points in more detail.
So, medical training for a pension includes:
- direct performance of labor duties in healthcare institutions. When working part-time before 1999, the corresponding periods are included in the length of service. After 1999, it includes periods of full-time work;
- periods of temporary disability;
- time spent on maternity leave, as well as to care for a child up to 1.5 years old;
- the period of testing for employment;
- time of forced absences due to the fault of the employer.
In general, the periods included in the length of service correspond to those taken into account when calculating the length of insurance in the usual manner.
Is residency included?
Studying at a medical university is quite long, which is not surprising, given the specifics of the activities of future doctors, who are responsible for the health and lives of patients.
It should be noted right away that this period is not included in the special training in principle. However, many students and current doctors are concerned about whether clinical residency is included in medical training. After all, it is during this period that students are directly engaged in medical work, albeit under the supervision of their experienced mentors.
It is impossible to answer this question in the affirmative. The fact is that during the residency period there is no labor relationship between the student and the medical institution, and residents are not included in the staff. Accordingly, there are no grounds for including this period of special work experience.
What is continuous nursing
The concept of “continuous medical experience” is of particular importance for health workers. It should be understood as carrying out work activities without significant interruptions in it, associated, for example, with dismissal and changing the type of activity.
The possibility of obtaining a special category depends on continuous medical experience , which, in turn, determines the accrual of additional allowances to the salary of a medical worker.
In what cases is it interrupted?
In cases where a medical worker is not directly engaged in work activities for a valid reason (vacations, temporary disability, etc.), the special length of service is not interrupted. However, this can happen when a doctor quits his job. In this case, the legislator provided for him a period of one month without interruption of service. If a citizen finds employment in his specialty for more than one month, then the continuous length of service begins to flow again.
Important! In cases where the doctor worked in northern areas classified as preferential territories due to their climatic conditions, this period is increased to two months.
Is length of service taken into account if you work in a private clinic?
Government Decree No. 781 of October 29, 2002 defines a list of not only medical positions, but also the types of health care institutions in which labor activity gives the right to the corresponding benefit.
So, among others, these include:
- general hospitals;
- clinics, outpatient clinics;
- MSCh;
- dispensaries;
- FAPs;
- sanatoriums;
- military hospitals and honey. companies;
- psychiatric clinics;
- ambulance and blood transfusion stations;
- antenatal clinics and maternity hospitals.
It is important to note that the benefits apply to health workers working in the medical field. institutions belonging to different departments and at different levels. However, a necessary condition for this is belonging to state or municipal structures in which citizens can undergo treatment under compulsory medical insurance or due to a certain status (for example, military personnel).
Accordingly, the implementation of medical activities in commercial clinics is not included in the preferential length of service for granting a pension.
Registration procedure
To apply for a medical worker’s pension, you must contact the branch of the Pension Fund of the Russian Federation at the pensioner’s place of residence with an application for payment. The application must be supported by:
- passport;
- documents confirming periods of work in a medical specialty, for example, a work book;
- certificates of average earnings for the period up to 2002;
- other documents that will affect the amount of the assigned payment: about existing dependents, about disability.
The application is considered within 10 days from the moment when the Pension Fund of the Russian Federation receives all the necessary documents. That is, if the citizen submitted the required papers, the review period begins from the day the last document was brought.
How many years do you need to work?
Health care workers have the opportunity to finish their work activities ahead of schedule.
There is a list of criteria that must be taken into account when applying for a preferential pension. This category includes medical positions associated with nervous overload, high responsibility and increased job responsibilities. To occupy such a position, a physician must have 6 years of study behind him and undergo recertification once every 5 years. If a doctor plans to take advantage of the benefit upon retirement, he should take care in advance to accumulate 25/30 years of work experience in healthcare, depending on the place of work. Age is of secondary importance.
Should there be continuous work experience?
The length of service of a medical worker is defined as the sum of periods of work in different positions. In this case, the continuity condition is not provided for by Federal Law No. 400.
Work experience includes:
- periods of work in various medical institutions
- maternity leave and other periods of temporary disability
- official holidays and time off
- periods of taking courses aimed at improving the qualifications of a specialist
- forced time off due to illegal dismissal
What kind of experience is needed for working people?
The minimum length of work experience of a medical worker is influenced not only by the qualifications of the specialist, but also by the type of institution, as well as the locality.
In private clinics
Specialists of private medical institutions have the right to all benefits, including registration of a pension benefit after completing their work experience, only subject to official registration and compliance by the employer with all norms (contributions to the Pension Fund of the Russian Federation, payment of taxes and fees, and so on).
In the countryside
Doctors in rural areas also have some advantages over the staff of urban clinics. If urban medical workers must work for at least 30 years, then for villages and villages this figure is reduced to 25 years.
Medical experience in a private clinic
In Russia, regulations from Soviet times still apply to this day, when there were no market relations and there were no private clinics.
With the advent of commercial medical institutions, it became necessary to take into account the length of service of doctors in them. But given the fact that they were not mentioned in the regulations, doctors who worked in them before retirement age were denied a preferential pension, although the total length of service was taken into account if the clinic had a license for medical activities. The recognition of medical experience as sufficient for preferential calculation of pensions took place in court. In 2004, the Constitutional Court ruled that the form of ownership is not a basis for not recognizing the right of doctors to benefits. Thus, according to this resolution, employees of commercial medical institutions have the right to early retirement in exactly the same way as doctors who work in public hospitals.