The Ministry of Health and Social Development of Russia was granted the right (at the suggestion of the federal executive authorities) to establish not only the identity of the local, previously used (outdated) names of workers' professions and the names of professions provided for by Lists No. 1 and No. 2, taking into account which an old-age retirement pension is assigned ahead of schedule, but also identity of positions and organizations ( structural units).

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 labor pension is established ahead of schedule in accordance with Art. 27 and 28 Federal law dated 17.12.2001 No. 173-FZ "On labor pensions in Russian Federation”(Hereinafter - Law No. 173-FZ).

The basis for establishing identity can only be documents submitted by federal executive authorities, or information on the individual (personified) registration of the insured person, from which it should be clear that the nature of 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:

To preserve the possibility of being included in the length of service, which gives the right to the early appointment of an old-age labor pension in accordance with Art. 27 and 28 of Law No. 173-FZ, the periods of work in those professions in which, under the previous legislation, work gave the right to preferential pension benefits and which, without changing the nature of work and working conditions, were unified in the profession with other names provided for in Art. 27 and 28 of Law No. 173-FZ or work lists, professions, positions, specialties and institutions, taking into account which an old-age retirement pension is assigned ahead of schedule;

To preserve the possibility of including in the length of service, giving the right to the early appointment of an old-age retirement pension, periods of work in professions that were local, that is, not provided for by the industry tariff and qualification reference books of work and professions of workers (TCS) that were in force at the time of their establishment, or the corresponding issues of the Unified Tariff and Qualification Reference Book of Work and Professions of Workers (ETKS), but the nature of their work corresponds to the tariff and qualification characteristics of those professions that are 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 ahead of schedule.

The practice of applying the legislation on pension provision shows that the professions for which it is necessary to establish identity in the manner prescribed by the Decree of the Government of the Russian Federation of 11.07.2002 No. 516 are available in almost all industries and sectors of the economy, and therefore, this problem affects the interests a large number insured persons.

Lists of relevant types of work, taking into account which an old-age labor pension is assigned ahead of schedule in accordance with sub. 1, 2, 4, 5, and 7 p. 1 of Art. 27 of Law No. 173-FZ, contain many professions of workers that previously had other names. The federal law does not contain provisions that provide for the possibility of including in the length of service in the relevant types of work, taking into account which an old-age retirement pension is assigned ahead of schedule, periods of work in professions that previously had other names.

Therefore, the Ministry of Labor of Russia (in agreement with the PFR and the submission of a number of federal executive bodies of the Russian Federation) adopted a resolution of 01.04.2003 No. 15 “On establishing the identity of workers' professions, work in which gives the right to early assignment of an old-age retirement pension in accordance with subparagraphs 1, 2, 4, 5 and 7 of clause 1 of article 27 of the Federal Law “On labor pensions in the Russian Federation” ”(hereinafter - Resolution No. 15).

This resolution established:

The identity of the professions of workers provided for by List No. 1 of industries, jobs, professions, positions and indicators in underground work, at work with especially harmful and difficult working conditions, employment in which gives the right to a retirement age (old age) on preferential terms, and the List No. 2 of industries, works, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a retirement age (old age) on preferential terms (approved by the decree of the Cabinet of Ministers of the USSR dated 26.01.1991 No. 10), 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 the Resolution of the Council of Ministers of the USSR No. 1173 dated 22.08.1956), and which, on the basis of resolutions of the State Committee for Labor of the USSR in the period before January 1, 1992, when revising the corresponding issues of the ETKS, were unified in the profession, incl. included in Lists No. 1 and No. 2 (approved by Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10);

The identity of the professions of workers provided for in the List of industries and occupations of the textile industry, work in which gives the right to an old-age pension upon reaching 50 years and with a work experience in these industries and professions of at least 20 years (approved by the Government of the Russian Federation dated 01.03.1992 No. 130 ), those professions that previously had other names, which are provided for by the List of industries and professions, work in which gives the workers of the textile industry the right to receive an old-age pension upon reaching 50 years and with a work experience in these professions for at least 20 years (approved by resolution Council of Ministers of the USSR of 10.11.1967 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 of 01.03.1992 No. 130, when revising the corresponding issues of the ETKS, were unified in the professions included in the List, approved. Resolution of the Government of the Russian Federation dated 01.03.1992 No. 130;

Identity of workers 'professions provided for in the List of workers' professions locomotive crews, as well as professions and positions of employees of certain categories, directly carrying out the organization of transportation and ensuring traffic safety on rail transport and the subway, enjoying the right to pension benefits in accordance with sub. "D" Art. 12 of the Law of the RSFSR of 20.11.1990 No. 340-1 "On state pensions in the RSFSR" (hereinafter - Law No. 340-1), for those professions that previously had other names, which are provided for in 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 the decree of the Council of Ministers of the USSR dated 08.22.1956 No. 1173), 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 Government of the Russian Federation dated 04.24.1992 No. 272, when revising the corresponding issues of the ETKS, were unified in the professions included in the List, approved. Decree of the Government of the Russian Federation of 24.04.1992 No. 272;

The identity of the professions of workers provided for in the List of professions and positions of workers and foremen (including senior ones), employed directly in logging and timber rafting (including maintenance of mechanisms and equipment), who enjoy the right to pension benefits in accordance with paragraph "g" of Art. 12 of Law No. 340-1 (approved by Decree of the Government of the Russian Federation No. 273 of 24.04.1992), those professions that previously had other names, which are provided for in Lists No. 1 and No. 2 of industries, workshops, professions and positions that give the right to a state pension for preferential terms and in preferential amounts (approved by the decree of the Council of Ministers of the USSR of August 22, 1956 No. 1173), and which, on the basis of the decisions of the USSR State Committee for Labor in the period before the entry into force of the RF Government Decree No. in professions included in the List, approved by Resolution of the Government of the Russian Federation of 24.04.1992 No. 273.

Resolution No. 15 applies only to the professions of workers provided for in 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, during the preparation of new issues of ETKS, were changed into connections with their dissonance or unified in connection with the identity of the nature of work in the profession with other names.

In subsection 5 of Section XV "Production of metalworking" of List No. 2 (approved in 1956) in the production of metal coating by the electroplating method, a number of workers' professions were envisaged ("oxidizer", "electroplating", "nickel plier", "passivator", " chrome plating ", etc.), carrying out the process of electroplating. Later, due to the identity of the nature of the work, all these professions were unified into one profession “galvanic”, provided for in 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 question of the identity of the job titles of these workers is decided in each specific case by the Ministry of Health and Social Development of Russia in agreement with the FIU, and at the same time only in relation to those positions that previously had other 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 workers' professions, positions of employees and wage grades (OK 016-94) and staffing tables approved by organizations, since these workers have different job duties.

Guided by Decree No. 15, the bodies providing pensions can count in the length of service, which gives the right to early assignment of an old-age retirement pension, the time of work in professions that previously had other names, regardless of the period during which the work in these professions was work book.

We publish the Resolution of the Presidium of the Novosibirsk Regional Court dated November 20, 2015 No. 44G-81/2015 "On the abolition of judicial acts in the case for the recognition of the right to early appointment of an old-age retirement 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 of the Novosibirsk Region for the recognition of the right to an early labor old-age pension, since by the decision of the Office of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region in the early appointment of an old-age labor pension in connection with the implementation of he was denied pedagogical activity on the basis of the absence of the required special experience with reference to the absence of the position of a senior master in the lists.

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

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

By the decision of the Toguchinsky District Court of the Novosibirsk Region of April 6, 2015, M.'s claims were satisfied: the decision of the pension body was canceled, the obligation was imposed on the Office of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region to include in M.'s seniority the corresponding period of work as a senior master of industrial training of the PU , appoint and effect M. the payment of early labor old-age pension from the moment of the onset of the right to a preferential pension.

By the appeal ruling of the Judicial Collegium 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 06, 2015 was upheld.

In the cassation appeal, the 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 in connection with a significant violation of the rules of law during the consideration of the case.

Having checked the case materials, having discussed the arguments of the cassation appeal, the Presidium of the Novosibirsk Regional Court finds the complaint subject to satisfaction, referring to the Determination of the Constitutional Court of the Russian Federation of September 29, 2015 No. 1928-O, which indicates that the right to early appointment of an old-age retirement pension is not associated with any work in educational institutions, but only with such, during the performance of which the employee's body is exposed to the adverse effects of various kinds of factors due to the specifics and nature 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 the early appointment of an old-age labor pension should be resolved by the court in relation to the combination of two conditions: the decision of the question of the identity of the work performed by the plaintiff with those works that give the right to the early appointment of an old-age labor pension, and the performance by the plaintiff (in total for the main and other places of work) the norm of working time (pedagogical or study 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 masters of industrial training have been assigned a standard of hours of study load of 36 hours pedagogical work in Week.

In accordance with the Decree of the Government of the Russian Federation of April 03, 2003 No. 191 "On the duration of working hours (the norm of hours of teaching work for the rate of wages) of teaching staff" for masters of industrial training, the rate of hours of study load is set at 36 hours of teaching work per week.

However, the circumstances of the plaintiff's fulfillment of the teaching load during the disputable period were not clarified by the courts of first and appeal instances. So, in judicial decisions of the court of first instance and the judicial board, 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 M.'s fulfillment or non-fulfillment of the teaching load norm in the above period.

Based on the foregoing 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 of April 6, 2015 and the appeal ruling of the Judicial Collegium for Civil Cases of the Novosibirsk Regional Court of July 30, 2015 in a civil case on the claim of M. to the Office of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region on recognizing the right to early Abolish the appointment of an old-age retirement pension.
• To send the civil case under M.'s claim to the Office of the Pension Fund of the Russian Federation in the Toguchinsky District of the Novosibirsk Region on recognizing the right to early assignment of an old-age retirement pension for a new consideration to the Toguchinsky District Court of the Novosibirsk Region.
• To satisfy the cassation appeal of the representative of the Pension Fund of the Russian Federation in the Toguchinsky district of the Novosibirsk region.

Resolution of the Ministry of Labor of the Russian Federation of April 1, 2003 N 15
"On the establishment of the identity of the professions of workers, 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 Of the Russian Federation in agreement with By 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, which gives the right to early assignment of an old-age labor pension in accordance with the Federal of the Law "On Labor Pensions in the Russian Federation" (Collected Legislation of the Russian Federation, 2002, N 28, Article 2872) decides:

1. Establish the identity of the professions of workers provided for by List No. 1 of industries, jobs, professions, positions and indicators in underground work, in jobs with especially harmful and especially difficult working conditions, employment in which gives the right to a retirement pension (old age) on preferential conditions, and List No. 2 of industries, works, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to a pension for old age (old age) on preferential terms, approved by the decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10, the same professions that previously had other names that are provided for by List No. 1 of industries, workshops, professions and positions in underground work, in work with harmful conditions labor and in hot workshops, 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 industries, works, professions, positions and indicators in underground works, in works with especially harmful and especially difficult working conditions, employment in which gives the right to a retirement pension (old age) 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 the decree of the Cabinet of Ministers of the USSR of January 26, 1991 N 10.

2. Establish the identity of the professions of workers provided for in the List of industries and occupations of the textile industry, work in which gives women the right to an old-age pension upon reaching 50 years of age and with a work experience in these industries and professions of at least 20 years, approved by the Government of the Russian Federation of 1 March 1992 N 130, to the same professions that previously had other names, which are provided for by the List of industries and professions, work in which gives workers of textile enterprises the right to receive an old-age pension upon reaching 50 years and with at least work experience in these professions 20 years, approved by the decree 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 Reference of Work and Occupations of Workers, were unified in the professions included in the List of industries and occupations of the textile industry, work in which gives women are entitled to pensions by age upon reaching 50 years and with a 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.

3. 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 No. 272 \u200b\u200bof April 24, 1992, to the same professions that previously had other names, which are provided for by 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 the 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 Reference Book of Work and Occupations of Workers, were unified in the profession, included in the List of professions of workers of locomotive brigades, as well as professions and positions of workers of certain categories, directly carrying out the organization of transportation and ensuring traffic safety on railway transport and the subway, enjoying the right to pension benefits in accordance with subparagraph "d" of Article 12 by Resolution P Government of the Russian Federation dated April 24, 1992 N 272.

4. 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 No. 273 of April 24, 1992, to 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 the Resolution of the Council of Ministers of the USSR of August 22, 1956 No. 1173, and which, when revising the relevant issues of the Unified Tariff and Qualification of the reference book of work and professions of workers were unified in the professions included in the List of professions and positions of workers and foremen (including seniors) employed directly in logging and timber rafting (including maintenance of mechanisms and equipment), who enjoy the right to pension benefits in accordance with paragraph " g "Article 12 of the Law of the RSFSR" On State x pensions in the RSFSR ", approved by the Decree of the Government of the Russian Federation of April 24, 1992 N 273.

Registration N 4431

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

One of the conditions determining the right to early assignment of an old-age retirement pension in accordance with Lists No. 1 and No. 2 of industries, jobs, professions, positions and indicators that give the right to preferential pensions, approved. Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10, is the performance of work in professions and positions corresponding to those professions and positions that are 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 employment during a full working day at work in a profession or position provided for in Lists No. 1 and No. 2.

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

In some cases, situations caused by the inconsistency of the names of professions and positions with the actual work performed or with those professions and positions that are directly provided for in 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 the current regulatory legal documents.

An employee's work book may contain, for example, the name of the profession, which 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 has a local (outdated) name of the profession recorded in the work book, which is not provided for by the tariff and qualification reference book of workers' jobs and professions in force at that time;
second - the name of the profession is indicated in the work book, which was at that time in the tariff and qualification reference book of work and professions of workers, which was subsequently unified into another profession, provided for by Lists No. 1 and No. 2, without changing the nature of work.

In both situations, the employee should not be deprived of the right to early retirement benefits. Therefore, in the first case the identity is established local (outdated) names of professions and names of professions stipulated in the current ETKS and Lists No. 1 and No. 2, in accordance with the Decree of the Government of the Russian Federation No. 516 dated July 11, 2002. Identity of the nature of the work performed and work in the 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 the professions and the offset 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 the federal executive authorities.

In the second case, the issue is considered taking into account the resolution of the Ministry of Labor of Russia dated 01.04.2003 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, an employee's work book can be entered erroneous entry about the name of the profession that does not correspond to the actual work 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, making work book forms and providing employers with them, approved. Resolution of the Government of the Russian Federation of 01.04.2003 No. 225.

In this case, the administration of the enterprise (organization) that made this entry, on the basis of primary documents (order of employment, translation note, etc.), enters into the work book correction erroneous entry about the name of the profession. On the basis of this entry in the work book, the bodies providing pension provision count in the length of service, which gives the right to the early appointment of an old-age retirement pension, the entire period of work, including the one preceding the correction.

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

Considering them, it should be borne in mind that the right to early retirement benefits gives the very fact of work in the 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 transferring to such a job (unless in this case additional clarification about the nature of work and working conditions is required) or by appropriate clarifying certificates ...

Thus, if an employee has an entry 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 labor pension for work in this profession, since this record does not confirm that the employee has consistently performed full-time work in this profession.

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 early assignment of an old-age retirement pension, as well as for refusal to pre-schedule an old-age retirement pension, if in addition to to the profession provided for in Lists No. 1 and No. 2, there is a record of the assignment of an additional allied profession that is not provided for in these Lists.

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

In ETKS and Lists No. 1 and No. 2, professions are provided under a general name, that is, they are basic professions, for example: "borehole driller" - in construction, "raw mill operator" - in the production of cement. However, in some cases, the worker may be installed derivative profession... This does not change the nature of the work.

Workers who have been assigned occupational titles derived from the basic occupations provided for in the Lists are also entitled to early retirement benefits. This is established by clause 9 of the clarification of the Ministry of Labor of Russia of 05/22/1996 No. 5 (hereinafter - 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 derived professions will be eligible for early retirement benefits.

In accordance with the All-Union and All-Russian classifiers of workers' professions, employee positions and wage grades (respectively OKPDTR 1 86 016 and OK O1694), the derived professions include “senior” and “assistant”.

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

Workers of these professions, along with machinists, are provided for in subsection 1 “Cement production” of section XIV of List No. 1. At the same time, this subsection includes workers by profession “calciner driver”, but their assistants are absent. In this situation, clause 9 of Clarification No. 5 is applied, which makes it possible to include work in this profession in the length of service for the appointment of an early retirement pension.

Clarification No. 5 explains that managers and specialists acquire the right to early retirement benefits regardless of education, qualifications and specialization. What in this case should be understood by qualifications and specialization an employee?

In Lists No. 1 and No. 2 and in other Lists, taking into account which an old-age retirement pension is assigned ahead of schedule, managers and specialists are provided for whom the said pension is assigned ahead of schedule, depending on the position in which the Lists and the All-Union classifier of workers' professions, positions employees and wage ranks (OKPDTR), they are busy.

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

Thus, in accordance with clause 10 of Clause 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 specializations.

In this case, we mean the qualifications and specialization acquired by the citizen after graduation from an educational institution of any level... The specialty and qualifications are recorded in documents (diplomas) on graduation from an educational institution. There are inaccuracies in the examples given in Clause 10 of Clause 5. The right to early retirement benefits is enjoyed by those managers and specialists whose positions directly provided in the Lists of the relevant types of work.

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

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

Lists No. 1 and No. 2 provide for the professions of workers double-named, for example: "cleaning operator" - in the production of work on the processing of quartz (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 2190100 - 11918); “Blacksmith-punch operator” - 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 combining two professions, therefore, the characteristics of their work, contained in the corresponding issues of the ETKS, reflect the work characteristic of the two professions. But this does not mean that workers with such names of professions must necessarily perform all the work specified in the tariff and qualification characteristics for these professions.

In this case, in order to establish a unified profession and the right to early retirement benefits for this profession, it is sufficient to perform one type of work.

The crusher-grinder will be early assigned an old age retirement pension in accordance with List No. 2 (section XVIII, subsection 1), if he constantly performed work during a full working day only on crushing lump quartz in furnacesthermal crushing or just grinding it in disc mills.

However, at the same time in the work books of workers there may be entries reflecting only one of the combined professions, for example: "adopted (translated) by the grinder" or adopted (translated) by the grinder ". In this case, it is necessary first of all to bring the name of the profession in accordance with the ETKS.

The issue of early retirement benefits for such workers for the period of work before January 1, 1992 is decided in accordance with List No. 2 (both professions are provided for in subsection 1 of section XIX), approved. in 1956, taking into account the RF Government decree of 24.04.2003 № 239. The period of work after 1992 is considered in accordance with decree № 15, since these professions are identical to the profession "grinder-grinder".

Such professions as "apparatchik-hydrometallurgist" - in non-ferrous metallurgy, "apparatchik-condenser" - in light industry, "Lineman" - at power plants, cannot be regarded as a profession with a double name.

This is the single name for the profession of an apparatus operator and a machinist who (unlike other apparatchiks and machinists) perform specific work, respectively: for conducting hydrometallurgical processes on special devices for the extraction of non-ferrous metals from ore concentrates and waste of various industries using aqueous solutions (apparatus-hydrometallurgist) ; for maintenance and monitoring of work by bypassing the main and auxiliary equipment operating at the power plant (turbine equipment inspector). These professions also include: "master blaster" - in mining; "Chill mold-assembler" - in foundry; "Neutralizer apparatus" - in the production of synthetic tanning agents, etc.

Thus, if a worker in certain periods is listed in his work book as an apparatchik, machinist, lineman, then the issue of early retirement benefits 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 retirement benefits or a decision to correct the entry on the name of the profession with subsequent actions.

In some cases, occupations and positions are indicated in the work books of employees that do not fully correspond to their names according to ETKS and staffing tables.

So, in the work book of an employee, the entry "installer for the installation of reinforced concrete structures" or "master construction works", Although the All-Union and All-Russian classifiers of workers' professions, office positions and wage grades provide for: the profession" assembler for the installation of steel and reinforced concrete structures "(ETKS, issue 3) and the position of" master of construction and installation work ".

The formal discrepancy in the names of the profession and position causes certain difficulties for the bodies providing pension provision in establishing the right to early assignment of an old-age labor pension. Such profession and job titles cannot be regarded as erroneous and the corrective actions described above cannot be taken.

In this case, incomplete name of one profession (position), reflecting the nature of the work of the installer for the installation of steel and reinforced concrete structures and job functions master of construction and installation works.

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

Separate items of sections of Lists No. 1 and No. 2 contain entries enclosed in brackets, which are not in all cases treated uniformly, therefore, their legal meaning requires a certain explanation.

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

In position 1020200а-1753а of List No. 1 in the entry “workers (technological and repair personnel) employed in work with the use of cyanide solutions "to it is specified that the right to early retirement benefits is acquired by workers of only technological and repair personnel. Other workers are not entitled to early retirement benefits in accordance with this position.

In position 1030200а-13698 of List No. 1, the record "distributor drivers (without remote control) "and excludes drivers servicing distributors with remote control from the recipients of early retirement pension.

In position 2210200а-10519 of List No. 2, in the entry “padding apparatchiks (when working onblack aniline dyes) "to it is specified that in this case the right to early retirement benefits is acquired by padding apparatchiks engaged in impregnating fabricsblack aniline dyes.

In the second case, these records have expansion value, that is, they reveal the meaning of a particular position.

In positions 1110400а-13790 "crane drivers (crane operators) employed in hot work areas "R section XI "Metalworking" of List No. 1, 1010600а-14812 "Typesetters in mines (mines)" of Section I of List No. 1, entries in parentheses disclose that the right to earlythe appointment of an old-age retirement 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 mines.

In position 1030200a-15701 "operators of continuous casting machines, engaged in hot work (filling station, gas cutting, main post, harvesting mechanisms) «H the entry in parentheses reveals the concept of "hot work" for workers of 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 billets from the main control panel on machines of various capacities; control of harvesting mechanisms on machines of continuous orsemi-continuous casting of blanks.

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

In position 21400006-24043 of section XIII "Power plants, power trains, steam power facilities "FROM squeak No. 2 there is an entry “shift supervisors of boiler houses, turbine (steam and gas turbine), boiler and turbine,dust preparation workshops and fuel supply workshops ". The bracketed notation "(steam and gas turbine) "N but in practice it causes certain difficulties.

This refers to the structural units 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 the appointment of a pension in connection with special conditions Labor means permanent full-time employment in jobs in occupations and positions provided for in the Lists. Full-time work means the performance of work in the working conditions provided for by the Lists, at least 80% of the working time.

At the same time, at the specified time, the time for performing preparatory and auxiliary work is included, and for workers performing work using machines and mechanisms, also the time renovation works current nature and work on technical operation equipment.

When combining different jobs or professions and positions the nature of the work is changing, and hence the working conditions. Therefore, in such cases, the issue of the right to early assignment of an old-age retirement pension is resolved in different ways. So, 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 over 20% of the working time);
on a general basis, if the employee combines work that gives and does not give (over 20% of working time) the right to early retirement benefits.

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

Thus, the right to early assignment of an old-age retirement 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 retirement benefits, regardless of the name of the profession or position.

For the correct solution of the issue, the administration of the enterprise (organization), together with the bodies providing pension provision, must determine the list of professions and positions of workers who are employed in such industries or work.

If necessary, the enterprise (organization) can apply to the local authorities of the state examination of working conditions. To determine the right to early retirement benefits of such employees, tariff and qualification reference books can be used, technological maps, instructions and other documents

CLAUSE 1 OF ARTICLE 27 OF THE FEDERAL LAW ON LABOR

PENSIONS IN THE RUSSIAN FEDERATION "

Judicial practice and legislation - Resolution of the Ministry of Labor of the Russian Federation of 01.04.2003 N 15 On establishing the identity of the professions of workers, work in which gives the right to the early appointment 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 of the Law "On Labor Pensions in the Russian Federation

7. Periods of work in the professions of workers, unified during the revision of the editions of the Unified Tariff and Qualification Reference Book of Work and Professions of Workers (ETKS) in the profession, provided for by the lists of jobs, professions, positions, specialties and institutions (organizations), taking into account which an early retirement pension is assigned 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 the Decree of the Ministry of Labor and Social Development of the Russian Federation of April 1, 2003 N 15 "On establishing the identity of the professions of workers, work in which gives the right to the early appointment 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) are confirmed by documents of employers or relevant state (municipal) bodies, while the unification of such professions confirmed by extracts from ETKS or the corresponding act.