The Ministry of Health and Social Development of Russia has been granted the right (as recommended by federal authorities) executive power) establish not only the identity of the local, previously used (outdated) names of workers’ professions and the names of professions provided for in Lists No. 1 and No. 2, taking into account which an old-age labor pension is assigned early, but also the identity of positions and organizations ( structural divisions).

It should be borne in mind that a resolution on the identity of the specified names of professions, positions and organizations can be adopted in relation to all categories of workers for whom an old-age pension is established early in accordance with Art. 27 and 28 Federal Law dated December 17, 2001 No. 173-FZ “On labor pensions in Russian Federation” (hereinafter referred to as Law No. 173-FZ).

The basis for establishing identity can only be documents submitted by federal executive authorities, or information from the individual (personalized) record of the insured person, from which it should be clear that the nature of the work in the previously used profession (position) is similar to the nature of the work of the profession (position) provided for Art. 27 and 28 of Law No. 173-FZ or lists of relevant types of work.

The purpose of establishing the identity of professions is as follows:

Retain the possibility of inclusion in the length of service giving the right to early assignment of an old-age pension in accordance with Art. 27 and 28 of Law No. 173-FZ, periods of work in those professions, work in which, according to previously effective legislation, gave the right to preferential pensions and which, without changing the nature of work and working conditions, were unified in professions with other names provided for in Art. 27 and 28 of Law No. 173-FZ or lists of works, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early;

Retain the possibility of including in the length of service, which gives the right to early assignment of an old-age labor pension, periods of work in professions that were local, i.e., not provided for by the industry tariff and qualification reference books of work and professions of workers (TCS) in force at the time of their establishment, or relevant issues of the Unified Tariff and Qualification Directory of Work and Professions of Workers (UTKS), but the nature of their work corresponds to the tariff and qualification characteristics of those professions provided for in Art. 27 and 28 of Law No. 173-FZ or lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early.

The practice of applying legislation on pension provision shows that professions for which it is necessary to establish identity in the manner prescribed by Decree of the Government of the Russian Federation of July 11, 2002 No. 516, exist in almost all industries and sectors of the economy, and therefore this problem affects the interests of large quantity insured persons.

Lists of relevant types of work, taking into account which an old-age labor pension is assigned early in accordance with subparagraph. 1, 2, 4, 5, and 7 paragraph 1 art. 27 of Law No. 173-FZ, contain many worker professions that previously had other names. The federal law does not contain rules providing for the possibility of including periods of work in professions that previously had other names in the length of service in the relevant types of work, taking into account which an early retirement pension is assigned.

Therefore, the Ministry of Labor of Russia (in agreement with the Pension Fund of the Russian Federation and the representation of a number of federal executive bodies of the Russian Federation) adopted resolution No. 15 dated 04/01/2003 “On establishing the identity of workers’ professions, work in which gives the right to early assignment of an old-age pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” (hereinafter referred to as Resolution No. 15).

This resolution established:

The identity of the professions of workers provided for in List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms, and the List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age) on preferential terms (approved by Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10), thus professions that previously had other names, which are provided for by Lists No. 1 and No. 2 of industries, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts (approved by Resolution of the Council of Ministers of the USSR dated August 22, 1956 No. 1173), and which, on the basis of decrees of the State Committee for Labor of the USSR, in the period before January 1, 1992, when revising the relevant issues of the ETKS, were unified into the professions included in Lists No. 1 and No. 2 (approved. Resolution of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10);

The identity of the professions of workers provided for by the List of industries and professions of the textile industry, work in which gives the right to an old-age pension upon reaching 50 years of age and with work experience in these industries and professions of at least 20 years (approved by Decree of the Government of the Russian Federation dated March 1, 1992 No. 130 ), those professions that previously had other names, which are provided for by the List of industries and professions, work in which gives female employees of textile industry enterprises the right to receive an old-age pension upon reaching 50 years of age and with work experience in these professions of at least 20 years (approved by the resolution Council of Ministers of the USSR dated November 10, 1967 No. 1021), and which, on the basis of resolutions of the State Committee for Labor of the USSR, in the period before the entry into force of the Decree of the Government of the Russian Federation dated March 1, 1992 No. 130, when revising the relevant issues of ETKS, were unified into the professions included in the List, approved. Decree of the Government of the Russian Federation dated March 1, 1992 No. 130;

Identity of worker professions provided for in the List of worker professions locomotive crews, as well as professions and positions of workers of certain categories who directly organize transportation and ensure the safety of movements on railway transport and the metro, enjoying the right to pension provision in accordance with subparagraph. “d” art. 12 of the RSFSR Law of November 20, 1990 No. 340-1 “On state pensions in the RSFSR” (hereinafter referred to as Law No. 340-1), those professions that previously had other names that are provided for by Lists No. 1 and No. 2 of production, workshops, professions and positions that give the right to a state pension on preferential terms and in preferential amounts (approved by Resolution of the Council of Ministers of the USSR dated 08.22.1956 No. 1173), and which, on the basis of decisions of the State Committee for Labor of the USSR in the period before the entry into force of Resolution of the Government of the Russian Federation of 04.24.1992 No. 272, when revising the relevant issues of ETKS, were unified into the professions included in the List, approved. Decree of the Government of the Russian Federation dated April 24, 1992 No. 272;

The identity of the professions of workers provided for by the List of professions and positions of workers and craftsmen (including senior ones), employed directly in logging and timber floating (including maintenance of machinery and equipment), enjoying the right to pension provision in accordance with paragraph “g” of Art. 12 of Law No. 340-1 (approved by Decree of the Government of the Russian Federation of April 24, 1992 No. 273), those professions that previously had other names that are provided for by Lists No. 1 and No. 2 of industries, workshops, professions and positions that give the right to a state pension for preferential conditions and in preferential amounts (approved by Resolution of the Council of Ministers of the USSR dated 08/22/1956 No. 1173), and which, on the basis of decrees of the State Committee for Labor of the USSR, in the period before the entry into force of the Decree of the Government of the Russian Federation of 04/24/1992 No. 273, when revising the relevant issues of ETKS, were unified in the professions included in the List, approved. Decree of the Government of the Russian Federation dated April 24, 1992 No. 273.

Resolution No. 15 concerns only the professions of workers provided for by Lists No. 1 and No. 2 (approved on August 22, 1956 No. 1173), as well as the List of textile workers (approved on March 1, 1992 No. 130), the names of which were changed during the preparation of new issues of ETKS connections due to their cacophony or unified due to the identity of the nature of work in the profession with other names.

Subsection 5 of Section XV “Metalworking Production” of List No. 2 (approved in 1956) in the production of metal coating by galvanic method provided for a number of worker professions (“oxidizer”, “galvanizer”, “nickel plater”, “passivator”, “ chrome plater”, etc.), carrying out the electroplating process. Later, due to the identity of the nature of the work, all these professions were unified into one profession “galvanizer”, provided for in the ETKS (issue 2) and included in subsection 5 of section XV of List No. 2 (approved in 1991).

Resolution No. 15 does not apply to managers and specialists. The issue of the identity of the job titles of these employees is resolved in each specific case by the Ministry of Health and Social Development of Russia in agreement with the Pension Fund of Russia and only in relation to those positions that previously had different names and identical job functions.

It is impossible to establish the identity of those positions that are provided for in the current All-Russian Classifier of professions of workers, positions of employees and tariff categories(OK 016-94) and staffing schedules approved by organizations, since these employees have different job responsibilities.

Guided by Resolution No. 15, pension authorities can count into the length of service that gives the right to early assignment of an old-age pension, the time spent working in professions that previously had other names, regardless of the period during which the work in these professions took place. work book.

We publish the Resolution of the Presidium of the Novosibirsk Regional Court dated November 20, 2015 No. 44G-81/2015 “On the cancellation of judicial acts in the case of a claim for recognition of the right to early assignment of an old-age pension, sending the case to the court of first instance.”

M. filed a lawsuit against the Office of the Pension Fund of the Russian Federation in the Toguchinsky district Novosibirsk region on the recognition of the right to an early labor old-age pension, since the decision of the Administration of the Pension Fund of the Russian Federation in the Toguchinsky district of the Novosibirsk region in the early assignment of an old-age labor pension in connection with the implementation pedagogical activity he was refused on the grounds of lack of the required special experience with reference to the absence of the position of senior foreman in the lists.

The plaintiff does not agree with this decision; he believes that, holding the position of senior foreman industrial training, he performed the same job duties as the industrial training master. M. indicates that his position is provided staffing table educational institution, there is an entry in it work book, in accordance with the industry tariff agreement for state educational institutions of the Novosibirsk region, refers to positions teaching staff along with the position of master of industrial training, and he also actually carried the teaching load in the subjects “Elements technical mechanics" and "Drawing" during the specified period of time on an ongoing basis for a full working day, in support of which they were provided with comprehensive written evidence. The tariff plan reflected the fact that the plaintiff carried the teaching load in full. During my work I constantly passed qualification certification, based on the results of which the first qualification category of a teacher was assigned, the employer paid insurance premiums to the Pension Fund of the Russian Federation. For the implementation of educational activities he was repeatedly rewarded with certificates and letters of gratitude.

Since the position of a vocational training master corresponds to the list of positions and institutions in which work is counted in the length of service giving the right to an early assignment of a labor pension, the plaintiff considers his right to an early labor pension to be violated, since he worked and performed the duties of a vocational training foreman, only with the addition of control functions.

By the decision of the Toguchinsky District Court of the Novosibirsk Region dated April 6, 2015, M.’s claims were satisfied: the decision of the pension authority was canceled, the responsibility was assigned to the Administration of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region to include in M.’s work experience the corresponding period of work as a senior foreman of industrial training PU , assign and make M. payment of an early labor old-age pension from the moment the right to a preferential pension becomes available.

By the appeal ruling of the judicial panel for civil cases of the Novosibirsk Regional Court dated July 30, 2015, the decision of the Toguchinsky District Court of the Novosibirsk Region dated April 6, 2015 was left unchanged.

In a cassation appeal, a representative of the Office of the Pension Fund of the Russian Federation in the Toguchinsky district of the Novosibirsk region asks to cancel the above court decisions due to a significant violation of the law during the consideration of the case.

Having checked the case materials and discussed the arguments of the cassation appeal, the Presidium of the Novosibirsk Regional Court finds the complaint to be satisfied, referring to the Determination of the Constitutional Court of the Russian Federation dated September 29, 2015 No. 1928-O, which states that the right to early assignment of an old-age labor pension is not associated with any work in educational institutions, but only with work in which the worker’s body is exposed to the adverse effects of various factors determined by the specifics and nature of professional activity; this also takes into account differences in the nature of work, functional responsibilities persons working in different positions.

Recognition of the plaintiff's right to early assignment of an old-age labor pension must be resolved by the court in relation to a combination of two conditions: deciding the issue of the identity of the work performed by the plaintiff with those works that give the right to early assignment of an old-age labor pension, and the plaintiff's performance (in total for the main and other places of work) standard working hours (teaching or educational load) established for the rate wages(official salary).

According to the joint Letter of the Ministry of Education of the Russian Federation No. 20-58-19620-5 and the Trade Union of Public Education and Science Workers of the Russian Federation No. 7 dated January 16, 2001, teaching staff holding the positions of industrial training masters have established a standard teaching load of 36 hours pedagogical work in Week.

In accordance with the Decree of the Government of the Russian Federation of April 3, 2003 No. 191 “On the duration of working hours (norm of hours of teaching work per wage rate) of teaching staff,” the norm of hours of teaching workload was established for masters of industrial training in the amount of 36 hours of teaching work per week.

However, the circumstances of the plaintiff’s fulfillment of the standard training load during the disputed period were not clarified by the courts of the first and appellate instances. Thus, in the court decisions of the court of first instance and the judicial panel, in violation of the requirements of Part 4 of Art. 198 of the Code of Civil Procedure of the Russian Federation, no conclusions were drawn about the fulfillment or non-fulfillment of M.’s educational load norms during the above period.

Based on the above and, guided by Articles 387, 390 of the Code of Civil Procedure of the Russian Federation, the presidium decided:

• The decision of the Toguchinsky District Court of the Novosibirsk Region dated April 6, 2015 and the appeal ruling of the judicial panel for civil cases of the Novosibirsk Regional Court dated July 30, 2015 in a civil case on the claim of M. against the Administration of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region for recognition of the right to early the appointment of an old-age labor pension is cancelled.
• To forward the civil case on the claim of M. to the Administration of the Pension Fund of the Russian Federation in the Toguchinsky district of the Novosibirsk region for recognition of the right to early assignment of an old-age pension for a new consideration to the Toguchinsky district court of the Novosibirsk region.
• The cassation appeal of the representative of the Office of the Pension Fund of the Russian Federation in the Toguchinsky district of the Novosibirsk region is satisfied.

Resolution of the Ministry of Labor of the Russian Federation of April 1, 2003 N 15
"On establishing the identity of workers' professions, work in which gives the right to early assignment of an old-age labor pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation"

Ministry of Labor and social development Russian Federation in agreement with Pension Fund of the Russian Federation and on the recommendation of the Ministry of Industry, Science and Technology of the Russian Federation, the Ministry Agriculture of the Russian Federation and other federal executive bodies of the Russian Federation, in accordance with paragraph 2 of the Decree of the Government of the Russian Federation of July 11, 2002 N 516 “On approval of the Rules for calculating periods of work, giving the right to early assignment of an old-age pension in accordance with the Federal The Law “On Labor Pensions in the Russian Federation” (Collection of Legislation of the Russian Federation, 2002, No. 28, Art. 2872) decides:

1. To establish the identity of the professions of workers provided for in List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and especially difficult working conditions, employment in which gives the right to an old-age pension (old age) at preferential rates conditions, and List No. 2 of production, work, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension on preferential terms, approved by a resolution of the Cabinet of Ministers of the USSR of January 26, 1991. N 10, the same professions that previously had other names, which are provided for by List N 1 of industries, workshops, professions and positions in underground work, in work with harmful conditions labor and in hot shops, work in which gives the right to a state pension on preferential terms and in preferential amounts, and List No. 2 and the resolution List No. 1 of production, work, professions, positions and indicators in underground work, in work with particularly harmful and especially difficult working conditions, employment in which gives the right to an old-age pension on preferential terms, and in List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a pension by age (old age) on preferential terms, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10.

2. To establish the identity of the professions of workers provided for by the List of industries and professions of the textile industry, work in which gives women the right to an old-age pension upon reaching 50 years of age and with work experience in these industries and professions of at least 20 years, approved by the Decree of the Government of the Russian Federation dated 1 March 1992 N 130, the same professions that previously had other names, which are provided for by the List of industries and professions, work in which gives female employees of textile industry enterprises the right to receive an old-age pension upon reaching 50 years of age and with work experience in these professions of at least 20 years, approved by Resolution of the Council of Ministers of the USSR of November 10, 1967 N 1021, and which, when revising the relevant issues of the Unified Tariff and Qualification Directory of Work and Professions of Workers, were unified into the professions included in the List of productions and professions of the textile industry, work in which gives women have the right to an old-age pension upon reaching 50 years of age and with at least 20 years of work experience in these industries and professions, approved by Decree of the Government of the Russian Federation of March 1, 1992 N 130.

3. To establish the identity of the professions of workers provided for in the List of subparagraph "e" of Article 12 by Decree of the Government of the Russian Federation of April 24, 1992 N 272, with the same professions that previously had other names that are provided for in List No. 2 of productions, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Resolution of the Council of Ministers of the USSR of August 22, 1956 N 1173, and which, when revising the relevant issues of the Unified Tariff and Qualification Directory of Work and Professions of Workers, were unified in the profession, included in the List of professions of working locomotive crews, as well as professions and positions of workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the metro, enjoying the right to pension provision in accordance with subparagraph "e" of Article 12 of the Decree of the Government of the Russian Federation dated April 24, 1992 N 272.

4. To establish the identity of the professions of workers provided for in the List of paragraph "g" of Article 12 of the Law of the RSFSR "On State Pensions in the RSFSR", approved by Decree of the Government of the Russian Federation of April 24, 1992 N 273, with the same professions that previously had other names that are provided for List No. 2 of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Resolution of the Council of Ministers of the USSR of August 22, 1956 N 1173, and which, when revising the relevant issues of the Unified Tariff and Qualification the directory of works and professions of workers were unified into the professions included in the List of professions and positions of workers and craftsmen (including seniors) employed directly in logging and rafting (including maintenance of machinery and equipment), enjoying the right to pensions in accordance with paragraph " g" Article 12 of the RSFSR Law "On State Pensions in the RSFSR", approved by Decree of the Government of the Russian Federation of April 24, 1992 N 273.

Registration N 4431

V.G. Belyakin, deputy Head of the Department of Pension Issues of the Department for the Development of Social Insurance and State Security of the Ministry of Health and Social Development of Russia

One of the conditions determining the right to early assignment of an old-age labor pension in accordance with Lists No. 1 and No. 2 of production, work, professions, positions and indicators giving the right to preferential pension provision, approved. Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991, is the performance of work in professions and positions corresponding to those professions and positions provided for by these Lists.

Information about the name of the profession or position of a particular employee is contained in his work book. An employee’s work record book is the main document confirming his permanent full-time employment in work in the profession or position provided for in Lists No. 1 and No. 2.

Unfortunately, work books often contain information about the name of a profession or position that does not correspond to both the nature of the work performed and the professions and positions specified in Lists No. 1 and No. 2 (inaccurate, incomplete, double, related or arbitrary names), which causes certain difficulties in determining the right of a particular employee to early pension provision for both organizations and territorial bodies Pension Fund of the Russian Federation, providing pensions.

In some cases, situations caused by the discrepancy between the names of professions and positions and the work actually performed or those professions and positions that are directly provided for by Lists No. 1 and No. 2 are resolved on the spot by the administration of the organization, in others - on the basis of the correct application of current regulatory legal documents.

An employee’s work book may contain, for example, the name of a profession that is not provided for in Lists No. 1 and No. 2 (this, as a rule, applies to earlier periods), although the nature of the work performed by him corresponds to the profession whose employees enjoy the right to early retirement security.

There can be two situations here:

The first is that the employee’s work book contains a local (outdated) name of the profession, which is not provided for by the tariff and qualification directory of works and professions of workers in force at that time;
second - the work book indicates the name of the profession that was available at that time in the tariff and qualification directory of works and professions of workers, which was subsequently unified without changing the nature of the work into another profession provided for in Lists No. 1 and No. 2.

In both situations, the employee should not be deprived of the right to early retirement benefits. Therefore, in the first case identity is established local (outdated) names of professions and names of professions provided for in the current ETKS and Lists No. 1 and No. 2, in accordance with Decree of the Government of the Russian Federation of July 11, 2002 No. 516. Identity of the nature of the work performed and the work by profession specified in Lists No. 1 and No. 2, is established by the administration of the enterprise (organization), and the final decision on the identity of professions and the inclusion of such a period in the length of service in the relevant types of work is made by the Ministry of Health and Social Development of Russia in agreement with the Pension Fund of the Russian Federation on the proposal of federal executive authorities.

In the second case, the issue is considered taking into account the resolution of the Ministry of Labor of Russia dated April 1, 2003 No. 15, establishing the identity of the professions of workers provided for by the previously valid Lists No. 1 and No. 2, approved. in 1956, the names of which, during the preparation of new issues of ETKS, were changed due to their dissonance or unified due to the identity of the nature of work in the profession with other names.

In practice, the employee’s work book can be entered erroneous entry on the name of a profession that does not correspond to the work actually performed and other documents establishing this name of the profession.

This situation is corrected in the manner prescribed by the Rules for maintaining work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 1, 2003 No. 225.

In this case, the administration of the enterprise (organization) that made this entry, on the basis of primary documents (hiring order, transfer note, etc.), enters into the work book correction erroneous entry about the name of the profession. Based on this entry in the work book, the bodies providing pensions count the entire period of work, including the period preceding correction, into the length of service that gives the right to early assignment of an old-age labor pension.

Sometimes an employee is assigned related profession, which is provided for by Lists No. 1 and No. 2. This, as a rule, is reflected in the work book. In practice, such cases occur quite often.

When considering them, it should be borne in mind that the right to early pension provision gives the very fact of performing the work in professions and positions provided for in Lists No. 1 and No. 2, which must be confirmed by an entry in the work book about hiring or transfer to such work (unless in this case additional clarification is required about the nature of the work and working conditions) or relevant clarifying certificates .

Thus, if an employee has a record in his work book that he has been assigned a related profession provided for in Lists No. 1 and No. 2, then this is not enough to determine his right to early assignment of an old-age pension for work in this profession, since this record does not confirm that the employee performed full-time work in this occupation on a regular basis.

The fact of assignment of a related profession in addition to the main one, even if it is recorded in the work book, cannot serve as a basis for granting the right to the early assignment of an old-age labor pension, as well as for refusing the early assignment of an old-age labor pension, if the work book additionally for the profession provided for in Lists No. 1 and No. 2, there is a record of assignment of an additional related profession not provided for in these Lists.

An additional entry about the assignment of a related profession in the employee’s work book can serve as a basis for providing rights or denial of the right to early assignment of an old-age labor pension, if the actual performance of work in this profession is documented.

The ETKS and Lists No. 1 and No. 2 provide for professions under a general name, that is, those that are basic professions, for example: “hole driller” - in construction, “raw mill operator” - in cement production. However, in some cases a worker may be required to derived name of profession. However, the nature of the work does not change.

Workers who have been assigned occupations that are derivatives of the basic occupations provided for in the Lists also enjoy the right to early pension provision. This is established by clause 9 of the clarification of the Ministry of Labor of Russia dated May 22, 1996 No. 5 (hereinafter referred to as clarification No. 5).

Section XVII (subsection 1 “Cement production”) of List No. 2 provides for pneumatic pump operators. In this case, senior pneumatic pump operators and their assistants as derivative professions will have the right to early retirement benefits.

In accordance with the all-Union and all-Russian classifiers of worker professions, employee positions and tariff categories (according to OKPDTR 1 86 016 and OK O1694), derived professions include “senior” and “assistant”.

For certain industries, the derived profession “assistant” is provided as an independent profession in the specified classifiers and ETKS. Thus, in the ETKS (issue 42, 1985) there are the following professions: “assistant driver (burner) of rotary kilns”, “assistant driver of raw material mills”, “assistant driver of coal mills”, “assistant driver (burner) of shaft kilns” and “assistant cement mill operator.”

Workers of these professions, along with machinists, are included in subsection 1 “Cement production” of section XIV of List No. 1. At the same time, this subsection includes workers in the profession “calciner operator”, but their assistants are not included. In this situation, clause 9 of Explanation No. 5 applies, which allows work in this profession to be included in the length of service for the assignment of an early retirement pension.

Explanation No. 5 explains that managers and specialists acquire the right to early pension provision regardless of education, qualifications and specialization. What in this case should be understood by qualifications And specialization employee?

In Lists No. 1 and No. 2 and in other Lists, taking into account which an old-age labor pension is assigned early, there are managers and specialists to whom the said pension is assigned early, depending on the position in which, as provided for by the Lists and the All-Union Classification of Worker Professions, Positions employees and tariff categories (OKPDTR), they are busy.

The title of the position is established by the employer in accordance with the staffing schedule approved by the organization. At the same time, the job title does not always correspond to the specialization (qualification). Specialization (specialty) and qualifications are acquired by a citizen after graduating from an educational institution.

Thus, in accordance with paragraph 10 of clarification No. 5, the right to early retirement benefits is enjoyed by managers and specialists whose positions are provided for in the Lists, regardless of education (higher, secondary, primary), as well as qualifications and specialization.

In this case, we mean the qualifications and specialization acquired by the citizen after graduating from an educational institution of any level. Specialty and qualifications are recorded in documents (diplomas) on graduation from an educational institution. There are inaccuracies in the examples given in paragraph 10 of explanation No. 5. The right to early retirement benefits is enjoyed by those managers and specialists whose positions expressly provided for in the Lists of relevant types of work.

During production activities a manager or specialist working in a certain position may be assigned a qualification category (class), for example: engineer of the second category, engineer of the first category, etc.

Those working in positions provided for in OKPDTR, but not included in the Lists, taking into account which an old-age labor pension is assigned early, do not enjoy the right to this pension.

Lists No. 1 and No. 2 provide for the professions of workers with double name, for example: “setter-cleaner” – in the production of quartz processing work (subsection 2 of section XVI of List No. 2, item 3170500a-16239); “crusher-grinder” – in glass production (subsection 1 of section XVIII of List No. 2, item 2190100a-11918); “blacksmith-stamper” – in forging and pressing production (subsection 2 of section XI of List No. 1, item 1110200a-13229).

These professions were created as a result of the combination of two professions, therefore the characteristics of their work contained in the corresponding issues of ETKS reflect the work characteristic of the two professions. But this does not mean that workers with such professions must necessarily perform all the work specified in the tariff qualification characteristics ah for these professions.

In this case, to establish a unified profession and the right to early pension provision for this profession, it is enough to perform one type of work.

The crusher-grinder will be assigned an old-age labor pension ahead of schedule in accordance with List No. 2 (section XVIII, subsection 1), if he constantly, during a full working day, performed work only on crushing lump quartz in furnacesthermal crushingor just grind it in disk mills.

However, in the work books of workers there may be entries that reflect only one of the combined professions, for example: “accepted (transferred) by a crusher” or accepted (transferred) by a grinder.” In this case, it is necessary first of all to bring the name of the profession into compliance with the ETKS.

The issue of early pension provision for such workers for the period of work before January 1, 1992 is resolved in accordance with List No. 2 (both professions are provided for in subsection 1 of section XIX), approved. in 1956, taking into account Decree of the Government of the Russian Federation dated April 24, 2003 No. 239. The period of work after 1992 is considered in accordance with Decree No. 15, since these professions are identical to the profession of “crusher-grinder”.

Professions such as “hydrometallurgist operator” – in non-ferrous metallurgy, “capacitor operator” – in light industry, “machinist-inspector” – at power plants, cannot be considered as a profession with a double name.

This is a single name for the profession of operator and machinist, who perform (unlike other operator and machinist) specific work, respectively: conducting hydrometallurgical processes on special devices for extracting non-ferrous metals from ore concentrates and waste from various industries using aqueous solutions (operator-hydrometallurgist) ; for maintenance and monitoring of work by bypassing the main and auxiliary equipment working at a power plant (turbine equipment operator). Such professions also include: “explosive master” – in mining industry; “chiller-assembler” – in foundry production; “neutralizer operator” – in the production of synthetic tanning agents, etc.

Thus, if in certain periods a worker is (was) listed in his work book as an apparatchik, a machinist, or a lineman, then the issue of early pension provision for these periods cannot be considered in the manner described above.

Such situations are considered in accordance with current legislation. In this case, first of all, it is necessary to consider the issue of the correct name of the profession, as a result of which a negative decision is made on the right to early pension provision or a decision to correct the entry on the name of the profession with subsequent actions.

In some cases, workers’ work books indicate professions and positions that do not fully correspond to their names according to the ETKS and staffing schedules.

So, in the employee’s work book an entry may be made “installation installer reinforced concrete structures"or "master construction work", although in the All-Union and All-Russian classifiers The professions of workers, positions of employees and tariff categories are provided for: the profession of “installer for the installation of steel and reinforced concrete structures” (ETKS, issue 3) and the position of “master of construction and installation works”.

The formal discrepancy in the names of profession and position causes certain difficulties for the bodies providing pensions when establishing the right to early assignment of an old-age labor pension. Such names of profession and position cannot be considered as erroneous and the actions described above should not be taken to correct them.

In this case there is incomplete name of one profession (position), reflecting the nature of the installer’s work in the installation of steel and reinforced concrete structures and job functions masters of construction and installation works.

This profession and position are provided for in section XXVII of List No. 2 without additional justification (factors). Therefore, such periods of work can be counted towards the length of service giving the right to early pension provision. At the same time, in order to prevent controversial situations, in the future it is advisable to bring such names of professions and positions into full compliance with the ETKS and the staffing table.

Certain items in sections of Lists No. 1 and No. 2 contain entries in parentheses, which are not interpreted uniformly in all cases, so their legal meaning requires some explanation.

In one case, such records have specifying meaning, that is, they limit the right to early assignment of an old-age labor pension to a specific category of workers (profession or position) or the nature of the work (working conditions).

In position 1020200a-1753a of List No. 1 in the entry “workers (technological and repair personnel) engaged in work using cyanide solutions "To it is specified that the right to early pension provision is acquired only by workers of technological and repair personnel. Other workers do not have the right to early retirement benefits in accordance with this position.

In position 1030200a-13698 of List No. 1, the entry “distributor machinists (without remote control) "And excludes machinists servicing remote-controlled distributors from recipients of early retirement pensions.

In position 2210200a-10519 of List No. 2 in the entry “plus operators (when working onblack aniline dyes) "To it is specified that in this case the right to early pension provision is acquired by plus operators engaged in impregnation of fabricsblack aniline dyes.

In the second case, the specified records have expansive meaning, i.e., they reveal the meaning of a specific position.

In positions 1110400a-13790 “crane operators (crane operators) employed in hot areas of work "R Section XI “Metalworking” of List No. 1, 1010600a-14812 “sample collectors in mines (mines)” of Section I of List No. 1, the entries enclosed in brackets reveal that the right to earlyThe appointment of an old-age labor pension is used, respectively, by crane operators and crane operators, if the workers have such an entry in the work book, as well as sample compositors working both in mines and in mines.

In position 1030200a-15701 “operators of continuous casting machines engaged in hot work (casting console, gas cutting machine, main station, cleaning mechanisms) "z The entry in brackets reveals the concept of “hot work” for workers in this category: control from the casting console of various mechanisms involved in the continuous casting process; control of gas cutting mechanisms; conducting the process of continuous casting of blanks from the main control panel on machines of various capacities; control of harvesting mechanisms on continuous orsemi-continuous casting blanks.

Employment of the operator of a continuous casting machine in one or more of the listed jobs, confirmed by documents, gives the right to early assignment of an old-age pension in accordance with the specified item in List No. 1.

In position 21400006-24043 of section XIII “Power stations, power trains, steam power facilities "WITH entry No. 2 contains the entry “shift supervisors of boiler, turbine (steam and gas turbine), boiler and turbine,dust preparation workshops and fuel supply shops.” The entry in brackets is “(steam-gas turbine) "n but in practice it causes certain difficulties.

Here we mean the structural divisions of power plants, the main technological equipment which are the turbines installed in them. These can be gas turbine, steam turbine, steam and gas turbine shops, and in some cases, turbine shops.

The main condition for granting a pension in connection with special conditions Labor is permanent full-time employment in jobs in the professions and positions provided for in the Lists. Full-time work means performing work under working conditions provided for in the Lists for at least 80% of the working time.

In this case, the specified time includes the time for performing preparatory and auxiliary work, and for workers performing work using machines and mechanisms, also the time for performing repair work current nature and work on technical operation equipment.

When combined various works or professions and positions The nature of work changes, and consequently, working conditions. Therefore, in such cases, the issue of the right to early assignment of an old-age pension is resolved differently. Thus, an old-age pension when combining work is assigned:

According to List No. 2, if one of the combined jobs is provided for in List No. 1, and the other is in List No. 2 (if the duration of work provided for in List No. 2 is more than 20% of the working time);
on a general basis, if the employee combines jobs that give and do not give (over 20% of working time) the right to early pension provision.

In cases where production and work are indicated in Lists No. 1 and No. 2 without listing professions and positions, the right to early pension provision is acquired by all employees, regardless of their position or profession. In such cases, students also enjoy an equal right to early retirement benefits.

Thus, the right to early assignment of an old-age labor pension according to List No. 1 is enjoyed by all workers employed full-time in underground mining operations.

Workers, managers and specialists of chemical enterprises engaged in the production of chemical products listed in Lists No. 1 and No. 2 enjoy the right to early pension provision, regardless of the name of their profession or position.

For the right decision issue, the administration of the enterprise (organization), together with the bodies providing pensions, must determine a list of professions and positions of workers who are employed in such production or work.

If necessary, an enterprise (organization) can turn to local bodies of state examination of working conditions. To determine the right to early pension provision for such employees, tariff and qualification reference books can be used, technological maps, instructions and other documents

PARAGRAPH 1 ARTICLE 27 OF THE FEDERAL LABOR LAW

PENSIONS IN THE RUSSIAN FEDERATION"

Judicial practice and legislation - Resolution of the Ministry of Labor of the Russian Federation dated April 1, 2003 N 15 On establishing the identity of workers’ professions, work in which gives the right to early assignment of an old-age labor pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation

7. Periods of work in the professions of workers, unified during the revision of the releases of the Unified Tariff and Qualification Directory of Work and Professions of Workers (UTKS) in the professions provided for by the lists of works, professions, positions, specialties and institutions (organizations), taking into account which a labor pension is assigned early old age in accordance with subparagraphs 1, ,, and 7 of paragraph 1 of Article 27 of the Federal Law, the identity of which is established by Resolution of the Ministry of Labor and Social Development of the Russian Federation dated April 1, 2003 N 15 “On establishing the identity of workers’ professions, work in which gives the right to early assignment of an old-age labor pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” (registered by the Ministry of Justice of Russia on April 18, 2003 N 4431) is confirmed by documents of employers or relevant state (municipal) bodies. At the same time, the unification of such professions is confirmed by extracts from the ETKS or the corresponding act.