COURT DOCUMENTS

Court decision dated 06.10.09 on establishing the identity of professions, including the period of work in the length of service, giving the right to early assignment of a pension.

2-751

SOLUTION

In the name Russian Federation

Kushvinsky City Court of the Sverdlovsk Region composed of:

presiding judge Romanova N.N.,

under secretary E.D. Siter,

Having considered in the premises of the Kushvinsky City Court in open court a civil case on the claim of S. against the Fund to establish the identity of professions, to include the period of work in the length of service, which gives the right to early assignment of an old-age pension,

INSTALLED:

On April 22, 2009, S. applied to the Fund for early granting of an old-age pension in connection with working in difficult working conditions for at least 12 years 6 months and having an insurance record of at least 25 years in accordance with paragraphs. 2 p. 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, since from February 1, 1988 to December 31, 1991, he worked as a boilermaker in the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration.

By decision of the Fund dated June 26, 2009 No. 490/15240 S., the early assignment of an old-age pension under paragraphs. 2 p. 1 art. 27 Federal Law “On labor pensions dated December 17, 2001 No. 173-FZ on the basis of lack of required experience in the relevant types of work - at least 12 years 6 months, since the work period from February 1, 1988 to December 31, 1991 is not accepted for credit Boilermaker of the boiler-welding section of the mechanical repair shop of the Goroblagodat Mining Administration (03 years 11 months).

S. filed a lawsuit against the Fund to establish the identity of professions, to include the period of work in the length of service, which gives the right to early assignment of an old-age pension.

At the court hearing, plaintiff S. supported his demands and explained in support of them that he did not agree with the fund’s decision, since he worked as a boilermaker in the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration until 1992. In accordance with List No. 2, section XV, subsection 1 a, approved by Resolution of the Council of Ministers of the USSR No. 1173 of August 22, 1956, boilermakers in mechanical workshops of mining enterprises had the right to preferential pensions. Subsequently, by letter of the State Labor Committee No. 19-3869 dated February 25, 1970, boilermakers in mechanical workshops of mining enterprises were equated with mechanics for repairing equipment, mechanisms, water and air lines employed in mines, in open-pit mines and quarries, since the same nature of work was established. Indeed, his labor duties as a boilermaker in the boiler-welding section of the mechanical repair shop coincided with the duties of a mechanic in repairing equipment, mechanisms, water and air lines employed in mines, open-pit mines and quarries. He worked in this position for 03 years and 11 months. It was this period of work that the Fund did not count towards his preferential length of service. In this case, the credited experience was 09 years 07 months 22 days. Accordingly, if the above period of work as a boilermaker is taken into account, then his work experience under difficult working conditions will be more than 12 years 06 months. His total insurance experience is 32 years 04 months 23 days. He believes that his work experience as a boilermaker in the boiler-welding section of a mechanical repair shop should be included in special experience, since he did not know before and could not know that this position by title does not correspond to the List of positions entitling him to early preferential appointment old age pensions. In connection with this, he asks the court to establish the identity of the profession “boilermaker of mechanical workshops of mining enterprises” with the name “fitter for repair of equipment, mechanisms, water and air lines employed in mines” and include it in the length of service, which gives the right to early assignment of a labor pension according to old age, the period of his work from February 1, 1988 to December 31, 1991 as a boilermaker in the boiler-welding section of the repair and mechanical shop of the Goroblagodatsky Mining Administration, and also oblige the Fund to assign him an early old-age pension from April 22, 2009, that is, from the moment he applied to the fund .

The representative of the defendant, K., acting on the basis of power of attorney No. 59 dated December 16, 2008, did not recognize the plaintiff’s claims, and explained the following in support of her objections.

On April 22, 2009, S. submitted documents to the fund to assign him an old-age labor pension according to paragraphs. 2 p. 1 art. 27 Federal Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation.”

In accordance with paragraphs. 2 p. 1 art. 27 Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively.

Having examined S.’s documents submitted for the assignment of an early retirement pension, the fund commission made decision No. 490/15240 dated June 26, 2009 on the refusal to assign an early retirement pension due to the lack of special experience in the amount of 12 years 6 months. At the same time, the period of his work from February 1, 1988 to December 31, 1991 as a boilermaker of the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration is not subject to counting towards the special length of service that gives the right to early assignment of a labor pension and is disputed by the plaintiff.

The fund’s refusal to grant an early retirement pension is motivated by the fact that the plaintiff’s employment in boiler houses, shipbuilding, ship repair, ship hull work, provided for in List No. 2, section XV, subsection 3 a, approved by Resolution of the Council of Ministers of the USSR No. 1173 of August 22, 1956, and the List No. 2, section XIV, subsection 3 a - 13144, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10. The scale of activity of the boiler operator of the boiler-welding section of the mechanical repair shop and activities in the positions provided for in the above Lists are not comparable in volume, load , intensity.

Art. 11 of the Civil Procedure Code of the Russian Federation provides that the court is obliged to resolve cases on the basis of federal laws and regulatory legal acts of the Government of the Russian Federation. The procedure for establishing the identity of these names is determined by the Government of the Russian Federation. Accordingly, the court does not have the right to arbitrarily broadly interpret the Lists, assessing such factors as the nature and working conditions based on analogy.

Based on the meaning of Art. 27, 28 of Law No. 173-FZ, in conjunction with its other provisions, the right to early assignment of an old-age labor pension is not associated with any work, but only with such work, the implementation of which is associated with increased psychophysiological stress due to the nature of a certain professional activity.

An early pension is not determined by the factors provided for by the Constitution of the Russian Federation; therefore, it is a socially unjustified expansion of the circle of recipients of pensions on preferential terms compared to general rules grounds leads to a violation of the rights of other persons in the field of social security due to the fact that as a result of the diversion of insurance contributions of other interested parties in favor of persons not provided for by regulatory legal acts, pensions of low-income pensioners are increased to a lesser extent.

The lists of positions established by the Government of the Russian Federation are not subject to broad interpretation. And the competence of the foundation does not include the right to establish the identity of professions. Accordingly, the plaintiff did not submit documents confirming the fact that the position he held at that time was identical to the positions included in the Lists. Asks to refuse to satisfy the stated demands.

The plaintiff’s demands for the appointment of an early retirement pension from the moment of applying to the Office of the Pension Fund of the Russian Federation are also considered unfounded, since in accordance with paragraph 2 of Art. 19 of Law No. 173-FZ, the day of applying for a labor pension is the day the body providing pension provision receives the corresponding application with all necessary documents. On the day of S.’s application on April 22, 2009 to the fund’s body for the appointment of an early retirement pension, there were no grounds for including controversial periods of work in the above positions and institutions. Accordingly, there are no grounds for assigning an early retirement pension from the moment the plaintiff applied.

In connection with this, the fund asks the court to refuse S.’s claims in full.

Witness B. explained to the court that she worked at the Goroblagodatsky Mining Administration as a rater for the foundry department. Since 1982, she also worked as head of the labor department. She knew that at that time, boilermakers were on list No. 2, and in accordance with the letter of the State Labor Committee No. 19-3869 dated February 25, 1970, boilermakers in mechanical workshops of mining enterprises were equated to mechanics for repairing equipment, mechanisms, water and air lines, employed in mines, open pits and quarries, since the same nature of work was established. The work was carried out to maintain all workshops, routine repairs of mining equipment, factories, quarries and mines. That is, boilermakers performed plumbing work.

The court, having listened to the plaintiff, the defendant's representative, questioned the witness, studied the case materials and assessed them, comes to the following conclusions.

On April 22, 2009, S. applied to the fund with an application to grant an early old-age pension in accordance with paragraphs. 2 p. 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” and presented the relevant documents.

By collective decision No. 490/15240 of June 26, 2009 (case sheet 5-6), S. was denied an early retirement pension due to the lack of the required special experience - 12 years 6 months. At the same time, 9 years 7 months 22 days were counted into the special length of service, which gives the right to early assignment of a labor pension, and it was indicated that the period of work of the plaintiff from February 1, 1988 to December 31, 1991 as a boilermaker in the boiler-welding repair section is not subject to counting in the special length of service. - mechanical shop of the Goroblagodatsky Mining Administration (03 years 11 months), since the plaintiff’s employment in boiler houses, shipbuilding, ship repair, ship hull work provided for in List No. 2, section XV, subsection 3 a, approved by Resolution of the Council of Ministers of the USSR No. 1173 of August 22, 1956, has not been confirmed, and list No. 2, section XIV, subsection 3 a - 13144, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10.

Based on the collegial decision of the fund No. 490/15240 dated June 26, 2009, it was established that the above-mentioned period of work in the position of “boilermaker of the boiler-welding section of the mechanical repair shop” is not included in the preferential length of service required for early receipt of an old-age pension S. Credit for this during the working period, special service can be granted on the basis of a court decision.

According to the copy available on file work book S. (l.d.) in the period from February 1, 1988 to December 31, 1991, he worked as a boilermaker in the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration.

By virtue of clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions,” questions about the type of institution, the identity of the functions performed by the plaintiff, conditions and The nature of the activities of those positions that give the right to early assignment of an old-age labor pension must be decided by the court, based on the specific circumstances of each case, established in the court hearing.

By virtue of paragraphs. 2 p. 1 art. 27 of the Federal Law “On Labor Pensions in the Russian Federation”, an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, to men upon reaching the age of 55 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and have insurance experience of at least 25 years.

The right of citizens to early retirement pension in connection with the specified activities is determined in accordance with List No. 2 of industries, workshops of 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 No. 1173 dated August 22, 1956 and applied on the basis of Decree of the Government of the Russian Federation No. 239 dated April 24, 2003, and List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension ( for old age) on preferential terms, approved by Resolution of the Cabinet of Ministers of the USSR No. 10 of January 26, 1991 and applied on the basis of Resolution of the Government of the Russian Federation No. 537 of July 18, 2002. However, these Lists do not provide for the position of “boilermaker in mechanical workshops of mining enterprises.” This position was not provided for by the regulations in force before January 1, 2002, which were adopted in accordance with the Law of the Russian Federation of November 20, 1990 “On State Pensions in the Russian Federation.”

In accordance with clarifying certificate No. 291 dated April 1, 2004 (case sheet 7), S. worked in the mechanical repair shop of OJSC Goroblagodatskoe Mining Administration from February 1, 1988 to December 31, 1991 as a boiler operator in the boiler-welding section.

By letter of the State Labor Committee No. 19-3869 dated February 25, 1970, boilermakers in mechanical workshops of mining enterprises were equated with mechanics for repairing equipment, mechanisms, water and air lines employed in mines, open-pit mines and quarries.

Accordingly, List No. 2 of industries, workshops of 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 No. 1173 of August 22, 1956 and applied on the basis of Resolution of the Government of the Russian Federation No. 239 of 24 April 2003, it is stipulated that mechanics who repair equipment, mechanisms, water and air lines employed in mines, open-pit mines and quarries have the right to early assignment of an old-age pension.

Part 2 art. 6, part 4 art. 15, part 1 art. 17, art. 18, 19, part 1 art. 51 of the Constitution of the Russian Federation, by their meaning, presuppose legal certainty and the associated predictability of legislative policy in the field of pension provision, necessary so that participants in relevant legal relations can reasonably foresee the consequences of their behavior and be confident that they have acquired on the basis current legislation the right will be respected by the authorities and will be implemented. However, the legislator did not take measures to create legal certainty, so workers in certain professions could not foresee in the future the non-inclusion of the position of “boilermaker in mechanical workshops of mining enterprises” in the length of service giving the right to early assignment of an old-age pension.

Considering the above legal provisions, the court considers it possible to satisfy S.’s demands to establish the identity of the profession “boilermaker of mechanical workshops of mining enterprises” with the name “fitter for repairing equipment, mechanisms, water and air lines employed in mines” and to include in the preferential length of service the period of his work from February 1, 1988 years to December 31, 1991, boilermaker of the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration (03 years 11 months).

When added to the length of service credited to the plaintiff by decision of the Fund No. 490/15240 dated June 26, 2009, the preferential length of service is 13 years 06 months 22 days.

As for the claim of plaintiff S. about the obligation of the fund to assign him an early labor pension from April 22, 2009, the court considers it necessary to satisfy this requirement, since the plaintiff has a special experience of 12 years 06 months, necessary for the early assignment of a labor pension old age in accordance with paragraphs. 2 p. 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation”. His insurance experience is also more than 25 years. These facts were established by the court through a detailed analysis of the collegial decision of the fund commission No. 490/15240 of June 26, 2009 and the relevant legislation.

According to Art. 19 Federal Law “On Labor Pensions in the Russian Federation”, a labor pension (part of a labor pension) is assigned from the date of application for the specified pension (for the specified part of a labor pension).

S.’s right to apply to the court to establish the identity of professions and recognize the right to a long-service pension is of a declarative nature. The plaintiff applied to the Fund Management with an application to grant him an early retirement pension on April 22, 2009.

Accordingly, the right to assign an early retirement pension in old age arose for S. in accordance with Art. 19 Federal Law “On Labor Pensions in the Russian Federation” since April 22, 2009.

Based on Art. 333.36 of the Tax Code of the Russian Federation, the defendant is not exempt from paying state duty; accordingly, the court considers it necessary to collect state duty from the defendant.

Guided by Art. Art. 194 – 198, 199 Code of Civil Procedure of the Russian Federation, court

DECIDED:

S.'s claim against the Fund to establish the identity of professions, to include the period of work in the length of service, which gives the right to early assignment of an old-age pension, is satisfied.

Establish the identity of the names of professions:

- “boilermaker of mechanical workshops of mining enterprises” with the title “fitter for repair of equipment, mechanisms, water and air lines employed in mines.”

Include in the length of service that gives S. the right to early assignment of an old-age labor pension, the period of work from February 1, 1988 to December 31, 1991 as a boilermaker in the boiler-welding section of the mechanical repair shop of the Goroblagodatsky Mining Administration, that is 03 years 11 months.

Recognize S.'s right to receive a pension for long service in connection with working in difficult working conditions for at least 12 years 6 months and having an insurance record of at least 25 years from April 22, 2009.

To collect from the Fund state duties in favor of S. 100 rubles, to the state income 1900 rubles.

The decision can be appealed within 10 days to the judicial panel for civil cases of the Sverdlovsk Regional Court from the date of its production in a motivated form through the office of the Kushvinsky court.

The decision was made in a meeting room using a computer.

Judge Kushvinsky

City Court Romanov N.N.

good afternoon - alas, it is difficult to practically prove identity in court - an example of a court decision -

Decree of the Government of the Russian Federation dated October 29, 2002 No. 781 approved the List of positions and institutions, work in which is counted as work experience, giving the right to early assignment of an old-age pension to persons engaged in teaching activities in state and municipal institutions for children.
In the specified List of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Art. 27 of the Federal Law of the Russian Federation “On Labor Pensions in the Russian Federation”, as well as in the previously valid List of professions and positions of educators whose teaching activities in schools and other institutions for children give the right to a pension for length of service, approved by a resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463, and the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with pedagogical activity in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067, there is no position title “ head of the circle."
In the statement of claim, the plaintiff asks to establish the identity of the position “club leader” and the position “additional education teacher.” The court refuses this request for the following reasons.
By order of the Ministry of Education of the Russian Federation dated January 25, 1993 No. 21, the positions of heads of circles, sections, studios and other student associations were renamed to the position of teacher of additional education, which was first included in the Lists approved by Decree of the Government of the Russian Federation dated September 22, 1999 No. 1067, and later – in the Lists approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
In accordance with paragraph 2 of Decree of the Government of the Russian Federation of July 11, 2002 No. 516, the right to establish the identity of professions, positions and organizations ( structural divisions), provided for in Art. 27 of the Federal Law “On Labor Pensions in the Russian Federation”, as well as lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early, to the same professions, positions and organizations (structural divisions) that previously had other names provided to the Ministry of Labor and social development of the Russian Federation on the proposal of federal authorities executive power and in agreement with Pension Fund Russian Federation.
In this case, there was a centralized renaming of professions, positions and organizations (structural units) contained in previously adopted regulatory legal acts.
The question of the identity of those performed by Dmitrieva L.Ya. functions, conditions and nature of activity for those positions that give the right to early assignment of an old-age labor pension to resolve the issue of counting these periods into special length of service, could be decided by the court in the event of an incorrect title by the employer of the plaintiff’s position, which is not contained in the legal regulations acts.
All-Russian classifier of worker professions, office positions and tariff categories, approved by Decree of the State Standard of Russia dated December 26, 1994 No. 367, along with the position of “teacher of additional education” under number 25478, the previous title of the position “leader of a circle (club of interests, team, amateur association, section, studio, tourist group) for number 26165.
Thus, claims to establish the identity of the position “club leader” and the position “additional education teacher” must be rejected.

No. 33-2178 Judge Volkova T.M. 2015

APPEAL DECISION

Judicial Collegium for Civil Cases of the Tver Regional Court

as part of the presiding judge V.V. Tsvetkov,

judges Komarova Yu.V. and Gudkova M.V.

with the secretary of the court session Galushkina O.N.

considered in open court

according to the report of judge V.V. Tsvetkov

case on the appeal of the State Institution-Office of the Pension Fund of the Russian Federation against the decision of the Rameshkovsky City Court dated DD.MM.YYYY, which decided:

“The claims of FULL NAME1 against the State Institution - the Administration of the Pension Fund of the Russian Federation for the appointment of an early labor old-age pension, shall be partially satisfied.

Admit that FULL NAME1 worked as an electric welder for the following periods:

From DD.MM.YYYY to DD.MM.YYYY in Rameshkovskaya PMK-25, that is, 6 months 10 days,

Recognize for Full Name 1 the right to assign an early retirement pension due to difficult working conditions with DD.MM.YYYY

Oblige Government agency- The Office of the Pension Fund of the Russian Federation in Tverskaya include FULL NAME1 in the special work experience associated with difficult working conditions as an electric welder, the following periods of work:

From DD.MM.YYYY to DD.MM.YYYY on the Trudovik collective farm, that is, 1 year 7 months 17 days,

From DD.MM.YYYY to DD.MM.YYYY in Rameshkovskaya PMK-25, that is, 6 months TO days,

From DD.MM.YYYY to DD.MM.YYYY on the Trudovik collective farm (OKP Trudovik collective farm), that is, 4 years 1 month 16 days.

Oblige the State Institution - the Administration of the Pension Fund of the Russian Federation to assign FULL NAME1 an early retirement pension on preferential terms with DD.MM.YYYY.

To recover from the State Institution - the Office of the Pension Fund of the Russian Federation in Tverskaya in favor of Full Name 1 300 rubles in return for the state duty paid, as well as the costs of paying for the services of a representative in the amount of 1000 rubles, and to recover the total from the State Institution - the Office of the Pension Fund of the Russian Federation in favor of Full Name 1 1 300 rubles".

Judicial panel

installed:

FULL NAME1, DD.MM.YYYY year of birth, filed a lawsuit against the State institution - the Office of the Pension Fund of the Russian Federation in (hereinafter - GU-UPF RF in, pension authority) for recognition of work in the period from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY as an electric welder, from DD.MM.YYYY to DD.MM. YYYY, from DD.MM.YYYY to DD.MM.YYYY as a gas-electric welder engaged in cutting and manual welding of metals; recognition of his right to an early retirement pension in connection with work under difficult working conditions from DD.MM.YYYY; imposing the obligation to include the above periods in the special work experience associated with difficult working conditions; imposing the obligation to assign him an early retirement pension on preferential terms with DD.MM.YYYY; recovery of legal costs for payment legal services and state duty. He motivated the requirements by the fact that during the indicated periods his work was named in the work book as a welder, gas-electric welder, electric-gas welder, while in List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 “On approval of lists of production, work , professions, positions and indicators that give the right to preferential pension provision" (hereinafter referred to as List No. 2 of 1991), a gas welder and an electric welder for manual welding are provided. He performed welding work using an electric welding machine, as well as work on cutting metals with a device with a gas torch, that is, he was an electric gas welder. To his appeal from DD.MM.YYYY for the appointment of an early retirement pension in accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” (hereinafter referred to as the Federal Law “ On labor pensions in the Russian Federation"), the defendant refused, citing the presence of special experience of 9 years 9 months. 26 days instead of the required 12 years 6 months.

At the court hearing, the plaintiff FULL NAME1 and his representative FULL NAME7 supported the stated demands.

Representatives of the defendant GU-UPF RF FULL NAME 8, FULL NAME 9 did not recognize the claim at the court hearing, citing the fact that preferential pension provision for workers in the profession of “welder” was not established by List No. 2 of 1991. Since the plaintiff’s preferential service was 9 years 9 months. 26 days instead of the required 12 years 6 months, he does not have the right to an early retirement pension. From the documents submitted by the plaintiff, it cannot be concluded that he worked full time. List No. 2 of 1991 and List No. 2, approved by Resolution of the Council of Ministers of the USSR dated August 22, 1956 No. 1173 (hereinafter referred to as List No. 2 of 1956), does not provide for the position of “welder”. According to these lists, the right to early retirement pension in connection with special conditions Labor includes electric and gas welders engaged in cutting and manual welding, electric welders performing manual welding (List No. 2, 1991), electric and gas welders and their assistants, electric welders and their assistants (List No. 2, 1956). The period of work up to DD.MM.YYYY, when the plaintiff was listed as an “electric welder” or “gas welder,” can be counted toward the preferential length of service on the basis of Decree of the Government of the Russian Federation dated April 24, 2003 No. 239, subject to documentary evidence of the completion of the work provided for this profession. C DD.MM.YYYY FULL NAME1 is registered in the personalized accounting system. The employer - the collective farm "Trudovik" in the periods from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY did not indicate the preferential profession code in the information about the plaintiff's work experience, that is, did not confirm the special the nature of his work. The submitted documents do not confirm the fact that the plaintiff worked full time as an electric welder for manual welding, an electric and gas welder engaged in cutting and manual welding. The pension authority included in the preferential length of service according to List No. 2 periods in the position of a gas-electric welder, engaged in cutting and manual welding, in the Rameshkovsky RAIPO from DD.MM.YYYY to DD.MM.YYYY, in the position of an electric-gas welder, engaged in cutting and manual welding , in CJSC Volgodorstroy Company from DD.MM.YYYY to DD.MM.YYYY, as an electric and gas welder engaged in cutting and manual welding, in OJSC Rameshkovskoye DRSU from DD.MM.YYYY to DD.MM. YYYY

The court made the above decision.

The appeal of the defendant GU-UPF RF in, filed by representative FULL NAME10, raises the issue of canceling the court decision regarding the recognition of the work of FULL NAME1 from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM .YYYY, from DD.MM.YYYY to DD.MM.YYYY as an electric welder, inclusion of these periods in the plaintiff’s special work experience, recognition of his right to an early pension due to difficult working conditions with DD.MM.YYYY and imposing the obligation on the pension authority to assign him a pension from this date, and on making a new decision in the case in the specified part to refuse the claim. In support of the complaint, it is stated that during the specified periods in the work book the plaintiff’s position was named as a welder, which is not provided for either by List No. 2 of 1956 or by List No. 2 of 1991. The plaintiff did not provide sufficient evidence of work in the position of electric welder.

Regarding the appeal, the plaintiff, FULL NAME1 and his representative, FULL NAME7, filed objections, according to which they ask that the complaint be left unsatisfied, and the court decision - unchanged.

Having studied the materials of the civil case, discussed the arguments of the appeal and objections to it, listened to the representative of the defendant GU-UPFR in FULL NAME8, who supported the arguments of the complaint, the plaintiff FULL NAME1 and his representative FULL NAME7, who objected to its satisfaction, the judicial panel comes to the following conclusions.

A decision is justified when the facts relevant to the case are confirmed by evidence examined by the court, satisfying the requirements of the law on their relevance and admissibility, or by circumstances that do not require proof (articles, -,), and also when it contains exhaustive conclusions of the court, arising from established facts.

The court decision adopted in the case does not fully meet these legal requirements.

In accordance with the article, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

According to the article, the court evaluates the relevance, admissibility, reliability of each evidence separately, as well as the sufficiency and interconnection of the evidence in its entirety.

From the case materials it follows that by the decision of the defendant dated DD.MM.YYYY No. the plaintiff, in response to his appeal from DD.MM.YYYY, was denied a pension in accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” due to insufficiency special experience amounting to 9 years 9 months. 26 days.

According to the minutes of the meeting of the commission of the pension body to consider the implementation of pension rights of citizens from DD.MM.YYYY No., the special work experience of Full Name1, among others, did not include the periods from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY according to DD.MM.YYYY as a welder of the Trudovik collective farm, from DD.MM.YYYY to DD.MM.YYYY as a welder of PMK No. 25.

The basis for refusal to count these periods of work into special experience was the discrepancy between the name of the plaintiff’s position and the positions provided for in List No. 2 of 1956 and List No. 2 of 1991, as well as the lack of documentary evidence of the type of welding and full-time employment of the plaintiff as an electric welder, gas welder or electric gas welder.

Subclause 2 of clause 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” provides for the possibility of assigning an old-age labor pension before reaching the age established by Article 7 of the same law (for women - 55 years, for men - 60 years), namely, for men upon reaching the age of 55 years and for women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively.

If these persons have worked at least half of the listed jobs deadline and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age provided for in Article 7 of this law, by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women.

According to paragraph 2 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 2 of the same article, rules for calculating periods work (activity) and the appointment of the said pension, if necessary, are approved by the Government of the Russian Federation.

In accordance with subparagraph “b” of paragraph 1 of Decree of the Government of the Russian Federation dated July 18, 2002 No. 537 “On the lists of production, work, professions and positions, taking into account which an old-age labor pension is assigned early in accordance with Article 27 of the Federal Law “On Labor pensions in the Russian Federation”, it is stipulated that when early assignment of an old-age labor pension to workers engaged in work with difficult working conditions, List No. 2 of 1991 is applied.

In this case, the time of work performed before January 1, 1992, provided for by List No. 2 of 1956, is counted in the length of service giving the right to early assignment of an old-age pension, along with the work provided for by List No. 2 of 1991.

Section 32 “General Professions” of List No. 2 of 1956 provides for the right to preferential pensions for gas cutters and their assistants; gas welders and their assistants; argon and atomic-hydrogen welders; electric welders and their assistants.

Section 33 “General Professions” of List No. 2 of 1991 establishes that gas welders enjoy the right to early pension provision (position 23200000-11620); electric and gas welders engaged in cutting and manual welding, on semi-automatic machines, as well as on automatic machines using fluxes containing harmful substances at least hazard class 3 (item 23200000-19756); electric welders on automatic and semi-automatic machines, engaged in welding in a carbon dioxide environment, in work using fluxes containing hazardous substances of at least hazard class 3, as well as on semi-automatic machines (items 23200000-19905); electric welders for manual welding (item 23200000-19906).

In paragraph 2 of the clarifications of the Ministry of Labor and Employment of the RSFSR and the Ministry social protection of the population of the RSFSR dated January 8, 1992 No. 1, approved by order of the Ministry of Labor and Employment of the RSFSR No. 3, the Ministry of Social Protection of the Population of the RSFSR dated January 8, 1992 No. 235, it was stated that employees who are constantly employed have the right to a pension on preferential terms performing work provided for in Lists No. 1 and No. 2 during a full working day.

Full-time work means performing work under the conditions provided for in the Lists for at least 80% of the working time. In this case, at the specified time, the implementation of preparatory, auxiliary, current repair work, as well as work outside of their workplace in order to ensure the performance of their labor functions.

Previously, the current pension legislation did not contain these requirements; therefore, confirmation of permanent employment by performing work provided for in the Lists for a full working day before January 1, 1992 was not required.

Satisfying the plaintiff's request for recognition of work from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY as a welder on the Trudovik collective farm, from DD.MM.YYYY to DD.MM.YYYY as a welder Rameshkovskaya PMK-25 work as an electric welder, the court did not take into account that the profession “welder” as an independent one was published by the Unified Tariff and Qualification Directories of Work and Professions of Workers, 1969-1974, 1985. was not provided.

According to the explanations contained in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30 “On the practice of consideration by courts of cases related to the implementation of the rights of citizens to labor pensions”, in the event of a citizen’s disagreement with the refusal of the body providing pensions, include in the period of work that, in the opinion of the citizen, is subject to inclusion in this length of service, it is necessary to take into account that the question of the identity of the work performed by the plaintiff, position held, existing profession, those jobs, positions, professions that give the right to early assignment of an old-age labor pension are decided by the court based on the specific circumstances of each case established at the court hearing (the nature and specificity, conditions of the work performed by the plaintiff, performed by him functional responsibilities according to positions held and available professions, workload, taking into account the goals and objectives, as well as the areas of activity of the institutions, organizations in which he worked, etc.). In this case, establishing the identity of different names of jobs, professions, positions is not allowed.

The courts do not have the right to establish the identity of professions and positions, however, the courts are given the opportunity to establish the identity of the functions, conditions, and nature of activities performed by the plaintiff with those jobs that give the right to early assignment of an old-age pension. At the same time, this issue of identity for counting controversial periods of work into special length of service can be resolved by the court only if the employer incorrectly names the plaintiff’s position.

In this situation, the court decision regarding the recognition of work from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY as a welder of the Trudovik collective farm, from DD.MM.YYYY to DD.MM .YYYY welder Rameshkovskaya PMK-25 work in the position of an electric welder, which actually establishes the identity of the profession “welder” with the profession “electric welder”, cannot be recognized as legal and is subject to cancellation with the adoption of a new decision in this part of the case to refuse the claim.

When deciding to impose on the pension authority the obligation to count into the plaintiff’s special experience the periods of work from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY as a welder of the Trudovik collective farm, with DD .MM.YYYY on DD.MM.YYYY as a welder at Rameshkovskaya PMK-25, the district court referred to the testimony of witnesses FULL NAME11, FULL NAME16 and FULL NAME17 who confirmed the plaintiff’s work on the Trudovik collective farm as an electric welder, and a letter from the USSR State Committee for Labor dated 04/20/1967 No. 653-IG, according to which the profession “welder”, in terms of the nature of the work performed and working conditions, is the same as the professions “gas welder” and “electric welder”, therefore the right of welders to a preferential pension is determined under the same conditions as electric welders.

However, by virtue of paragraph 3 of Article 13 of the Federal Law “On Labor Pensions in the Russian Federation”, the nature of the work is not confirmed by the testimony of witnesses, which is also directly indicated in the explanations contained in paragraph 5 of paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30 “On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions.”

Since the only evidence available in the case materials confirming the possibility of carrying out FULL NAME1 electric welding work during the disputed periods, in particular during the period from DD.MM.YYYY to DD.MM.YYYY, is the act drawn up by the defendant dated DD.MM.YYYY No. verification of the primary documents from the Trudovik collective farm, according to which the presence of annual reports collective farm for 1987-1994, containing information about the existing welding machine brand SVA-380 V, then the court decision regarding the inclusion in the plaintiff’s special experience of periods of work from DD.MM.YYYY to DD.MM.YYYY as a collective farm welder “Trudovik” and from DD.MM.YYYY to DD.MM.YYYY as a welder of the Rameshkovskaya PMK-25 cannot be recognized as justified and legal, and therefore is subject to cancellation in this part with the adoption of a new decision to refuse to satisfy these requirements .

Taking into account the work periods of 9 years and 9 months undoubtedly included by the pension authority in the plaintiff’s special experience, which gives the right to assign an old-age labor pension in accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”. 26 days and the period to be counted in accordance with the decision of the court of first instance in this case - from DD.MM.YYYY to DD.MM.YYYY with a duration of 4 years 1 month. 16 days, the total duration of the plaintiff’s special service at the time of applying for a pension on the specified basis (on DD.MM.YYYY) was 13 years 11 months. 12 days, which exceeds the legal requirement of 12 years 6 months.

Taking into account the plaintiff’s insurance experience of more than 36 years with the required 25, which was not disputed by the defendant, plaintiff FULL NAME1 at the time of applying to the pension authority DD.MM.YYYY for the assignment of a pension had the right to pension provision in accordance with subparagraph 2 of paragraph 1 of the article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, in connection with which, contrary to the arguments of the pension authority’s appeal, the defendant had no legal grounds for refusing the plaintiff the exercise of this right.

Guided by the articles, the judicial panel

determined:

decision of the Rameshkovsky City Court of the Tver Region dated April 1, 2015 regarding the recognition of the work of Full Name1 as an electric welder during the periods from DD.MM.YYYY to DD.MM.YYYY on the Trudovik collective farm, from DD.MM.YYYY to DD.MM. YYYY in Rameshkovskaya PMK-25, from DD.MM.YYYY to DD.MM.YYYY in the Trudovik collective farm (OKP of the Trudovik collective farm), as well as in terms of the assignment to the State Institution - the Office of the Pension Fund of the Russian Federation in the Tver duty to include in special work experience Full name1 periods of work from DD.MM.YYYY to DD.MM.YYYY on the Trudovik collective farm, from DD.MM.YYYY to DD.MM.YYYY in Rameshkovskaya PMK-25 cancel.

Make a new decision in the case in the specified part to refuse FULL NAME1 to satisfy the claim.

The rest of the decision of the Rameshkovsky City Court of the Tver Region dated April 1, 2015 is left unchanged.

Chairman V.V. Tsvetkov

Judges of the regional court Y.V.Komarov

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"

The Ministry of Labor and Social Development of the Russian Federation, in agreement with the Pension Fund of the Russian Federation and on the proposal 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. Establish the identity of the professions of workers provided for in the List of Industries and Professions 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 Decree of the Government of the Russian Federation of March 1, 1992 N 130, for the same professions that previously had other names that are provided for by the List of industries and professions, work in which gives female workers 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 a 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 industries and professions in the textile industry, work in which gives women the right to an old-age pension upon reaching 50 years of age and with length of service in these industries and professions for at least 20 years, 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 blue-collar professions 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 "d" of Article 12 of the Decree of the Government of the Russian Federation of 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

Document as of August 2014.

The State Labor Committee of the USSR has studied the practice of sectoral ministries, departments and social security bodies in establishing the identity of local names of professions with the professions provided for in tariff and qualification reference books when resolving issues of preferential pension provision for workers.

It has been established that the corresponding conclusions of line ministries and departments, submitted by them to the ministries of social security of the Union republics, are mainly drawn up in accordance with the rules introduced by the State Committee for Labor of the USSR.

However, in Lately The ministries of social security receive unfounded conclusions about the identity of professions, aimed at expanding the circle of people entitled to preferential pensions.

In the past, branch ministries can establish the identity of only local (arbitrary) names of workers' professions, not provided for in tariff and qualification reference books, with the professions listed in Lists No. 1 and No. 2 of industries, workshops, professions and positions, work in which gives the right to 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, regardless of the time of their publication. However, a number of ministries confirm the identity of professions that violate this rule.

The Ministry of Agricultural Machinery confirmed the identity of the “riveter” and “stamper” at the Rostselmash plant, the “operator (mechanic)” and the “moulder” at the Krasnoyarsk combine plant, who do not enjoy the right to a preferential pension.

These professions were once provided for in tariff and qualification reference books and therefore the right to establish identity does not apply to them.

Proposals of a similar nature were presented to the social security bodies by the Ministry of Cherry and Metallurgical Industry of the USSR and the Minchermet of the Ukrainian SSR, Minmash, the Ministry of Electronprom, the Mintopprom of the RSFSR, the Minstankoprom, the Minlegpischemash, the Ministry of Radio Industry, the Ministry of Food Industry of the USSR and the Ministry of Food Industry of the Ukrainian SSR, the Ministry of Automotive Industry, the Ministry of Autotrans of the Ukrainian SSR, etc. These ministries erroneously recognized the professions of “varnisher” and "bakelite" (Azovstal Ministry of Ferrous Metals of the Ukrainian SSR), "gas worker" and "thermist" (Zhukovsky bicycle plant of the Ministry of Automotive Industry), "pickler's assistant" and "pickler's assistant" (Rostov "Rubin" plant), "presser" and "presser" (plant " Exiton" and Kharkov plant "Radiodetal", "pipe bending machine operator" and "soldering operator" (Donetsk plant "Avtoremont"), "thermal department adjuster" and "repair mechanic" (Dnepropetrovsk machine-building plant), "miscella distiller" and "operator " (Poltava oil and fat plant), "polishing mechanic" and "polisher" (Moscow plant "Salyut"), etc.; a number of ministries exceed the rights granted and make proposals to establish identical job titles for engineering and technical workers.

In accordance with the procedure established by the State Labor Committee of the USSR, the identity of professions is determined on the basis of documents confirming the nature of the work performed and its compliance with the characteristics provided for this profession in the tariff and qualification reference book in force at that time. However, decisions on the identity of professions are sent to the ministries of social security without documentary justification or made based on testimony. Such decisions were sent by the Ministry of Industry and Industry to the Solikamsk Pulp and Paper Mill; at the Kyiv plant "Communist"; Minstankoprom for the Melitopol Machine Tool Plant; Ministry of Construction Materials of the Ukrainian SSR for the Makeevka Glass Factory; Ministry of Ferrous and Metallurgy of the Ukrainian SSR for the Novo-Krivoy Rog Mining and Processing Plant; Ministry of Electrotechnical Industry for the Tomsk Electrotechnical Plant "Sibelektromotor"; plant "Khimlaborpribor" of the Klin production association "Termopribor"; machine-building plant "Salyut", etc.

Ministries of social security are authorized to consider conclusions on the identity of professions adopted by line ministries and departments. However, in a number of cases, decisions of the heads of structural divisions of ministries and departments are sent to them.

The facts of direct appeals to the ministries of social security of the Union republics on similar issues by heads of enterprises and organizations have become more frequent.

Individual line ministries and departments, enterprises and organizations send their proposals for establishing identity to the ministries of social security of the autonomous republics, regional, regional, city and district departments of social security.

A number of ministries and departments and individual enterprises applied directly to the USSR State Labor Committee to establish the identity of professions with a local name.

These deviations from the established rules lead to unnecessary interdepartmental correspondence, cause the need for social security authorities to conduct counter checks of documents submitted by ministries and departments, and lengthy consideration of the issues raised by them, which causes fair complaints from workers.

In connection with the above, the State Committee for Labor of the USSR requests that when preparing conclusions on the identity of names of professions, in addition to the letter of the State Committee for Labor dated March 4, 1971 N 25-AV, be guided by the following:

1. Professions with local names may include only those professions that were not provided for in the tariff and qualification reference books that were in force at the time when the worker’s work record book had the incorrect name of the profession.

2. Based on the documents available at the enterprise, the actual work performed in the profession with the local name is determined. The following may be accepted as reference documents confirming the characteristics of the work: orders (instructions) on assigning workers to certain areas of work and equipment; personal accounts; payslips for wages; time sheets; working time logs (cards); task logs; foremen's workbooks; work orders; standardized tasks; safety instruction record books (personal safety instruction books) and others.

3. The nature of the work actually performed, established from the documents, is compared with the characteristics of work by profession in the tariff and qualification reference books in force at that time. After this, the name of the profession is determined, which should be assigned to the worker for the work he performs, i.e. the identity of the profession that has a local name with the profession provided for in the tariff and qualification directory is established.

4. If the profession (according to the tariff and qualification reference book) is included in Lists No. 1 or No. 2, then copies of documents confirming the characteristics of the work, along with an extract from the worker’s work book and a certificate stating that the profession assigned to the worker with a local name is not in the TKS , certified by the management of an enterprise or organization, are sent to the union, union-republican, republican ministry or department in the order of subordination.

5. Proposals for preferential pension provision for workers who have been assigned local occupational names, after establishing their identity with the occupations provided for by the TKS, are submitted on behalf of line ministries and departments to the ministries of social security of the union republics, with the attachment of all materials on the basis of which the corresponding conclusion was made .

Deputy Chairman of the Committee
M.M.KRAVCHENKO