Sample appointment of an old age pension. Application for the appointment of pensions in old age: Structure and general recommendations for filling

The duty of the state is to take care of their disabled citizens. People who have reached retirement age are entitled to monthly cash payments from the state. But before they begin to accrue, each applicant must compile a corresponding application for the appointment of a pension.

When and where to serve

Currently, the application options for the accrual of pension expanded. Now it can be done in three ways:

  • with a personal visit to the FIU;
  • submit documents through MFC;
  • use the site of public services;
  • with the help of Russian Post Services;
  • through the current employer at the place of work.

It is possible to implement the application personally, and it is possible with the help of a legitimate representative. This should be done immediately as soon as the right to receive pension payments has come.

How to make up

Despite a number of differences, depending on the type of pension, the main information regarding the applicant itself should be made to each such document:

  • full Name;
  • series and passport number when and where the document is issued;
  • date of Birth;
  • sNILS number;
  • place of registration and place of residence;
  • all contact details;
  • the fact of dependents, if any.

The statement necessarily indicates the type of pension to the citizen claims. In addition, it should be indicated if earlier the applicant has already received any pension payments.

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Then the inventory of all the documents applied to the application is compiled. At the end, the current date, the applicant's signature and its decoding is necessary.

The application necessarily implies the following documents:

  • general passport. If it is not yet, then the birth certificate;
  • Reduss;
  • certificate INN;
  • certificate of concluding (termination) of marriage;
  • certificates of the birth of children if they are dependents;
  • 2-NDFL Help;
  • labor book in the presence. If not all jobs are recorded in it, you can submit additional references with such information;
  • military ID (men who served in the ranks of the Sun).

The list of other documents varies depending on the type of pension to the citizen claims.

On the occasion of the loss of the breadwinner

By making an application for the payment of pensions on the occasion of the loss of the breadwinner, in addition to the basic information, the document should be indicated by the degree of kinship of the applicant and the deceased citizen.

from 08/05/2019

Disagreements in pension Question It can be solved in court for what to make a claim for the appointment of a pension. Pension legislation Very confused. Since the law contains various methods of calculation in different periods of development of the country. Different periods of work in one position or that position were included. Therefore, protection by a fairly common phenomenon. Typical situations disassembled quite in detail by the decision of the Plenum of the Armed Forces of the Russian Federation dated December 11, 2012 No. 30.

With independent compilation of the claim for the assignment of the pension, you can use the example above. And additional questions can be asked by a subsidiary of the site.

An example of a claim

In Ivnyansky District Court

Belgorod region

p. Ivny, ul. Guards, d. 92

tel. 137653878,

in Ivnyansky district

Belgorod region,

address: 309110, Belgorod region, Ivnyansky district,

p. Ivny, ul. Danchenko, 2 2

On November 20, 2020, I was in accordance with the procedure established by law with a statement about the early appointment of the Insurance turned to UPFR in the Ivnian district. The basis of submission of the application was PP. 2 PP 1 tbsp. thirty Federal Law dated December 28, 2013 No. 400-FZ "On Insurance Pensions" (work in severe working conditions). To confirm grounds for pension, I provided an employment record. Additionally - archival references of the State Archive of the Belgorod region, the administration of the Ivnian district, an extract from an individual personal account.

The decision of the UPFR No. 1342-16 of 10.12.2020 in the appointment of an old-age insurance pension I was denied. With reference to the absence of the required special experience. Namely, not confirmation of the fact of employment on the construction, reconstruction of buildings and facilities facilities. Officials in the work experience was not included period from 10.10.1978 to 01/20/1988 as a master in mechanization management No. 6.

With the specified decision, I can not agree on the following grounds.

During the work, the Master of Management Master of Mechanization in the USSR operated List No. 2 of August 22, 1956 No. 1173, in accordance with the section of the XXIH of which the right to early retirement was provided to craftsmen and prohibits. And the main document for the appointment of the pension was a labor book. Management of Mechanization No. 6, in which I worked was the structural unit "SpecstroyMakhanization" of the Ministry of Construction of the USSR, as evidenced by the print print in the employment record.

Article 30 of the Federal Law "On Insurance Pensions" enshrines the duty of the state to provide labor pension Men in old age earlier to achieve retirement age. For this it is necessary 3 conditions: achieving 55 years, work with severe working conditions for at least 12 years 6 months and availability insurance experience Not less than 25 years old.

The list of production, works, professions, posts and indicators with harmful and difficult working conditions provides for the position of the construction and installation work masters (position 22900B-23419). Order of the Ministry of Health and Social Development of the Russian Federation of March 31, 2011, establishes that periods of work that gives the right to early appointment Pensions, before registering a citizen, as an insured person is confirmed by documents issued by employers or relevant state (municipal) authorities. And only after registering a citizen as an insured person, the experience is calculated on the basis of information of an individual (personalized) accounting.

Now, due to the elimination of the organization, I am deprived of the opportunity to recruit a certificate that would clarify the special nature of the work in the disputed period, not included in the special experience. From the name of the institution, where I worked, his departmental subordination follows it directly that the company directly carried out construction activities.

Based on the above, guided by art. 27 of the Law of the Russian Federation "On Labor Pensions in the Russian Federation", Art. 30 of the Law "On Insurance Pensions", Art. 131-132 Code of Civil Procedure of the Russian Federation,

  1. Recognize illegal decision UPFR in the Ivnian district of Belgorod Region No. 1342-16 dated 10.12.2020. On refusal to prescribe a pension;
  2. Include periods of work period from 10.10.1978 to 01/20/1988 as a master in the management of mechanization No. 6 to a special experience, giving the right to early appointment of an old-age labor pension;
  3. To oblige APFR in the Ivnian district of the Belgorod region to appoint the plaintiff labor pension ahead of time from the date of appeal to its appointment 20.11.2020.

Application:

  1. Copy of the statement of claim
  2. Receipt about the payment of state duty
  3. The decision of the UPFR in the Ivnian district of Belgorod Region No. 1342-16 of 10.12.2020;
  4. A copy of documents confirming the work experience;
  5. Employment history

23.12.2020 Tokokekov L.V.

How to make a claim for the appointment of pension

Prior to appeal to the court, a citizen should apply to the Pension Fund, which decides on the appointment of a pension. Be sure to save a copy of the statement with a mark on making it a specialist of this organization. Renouncement Pension Fund In the appointment of pensions and appeals in court.

In the statement of statement the plaintiff should describe when he appealed to the FIU. With what documents he filed a statement. And why the applicant believes that the state is obliged to appoint a pension. And, of course, what decision and in connection with which the pension fund was made.

Each claim for the appointment of a pension is individual, which is associated with the personal nature of the work. To disassemble whether there is the right to early pension, for more of its size, an interested person can with the help of a lawyer. His services, both in the preparation of a claim, and for representation in court, upon receipt of the appropriate application will be reimbursed if the winnings of the answer will be reimbursed.

To confirm the fact of the exercise of labor activities, the plaintiff provides, and to the claim is attached, copies of the employment record. As well as the employer's information about the passage of training courses, certificates of organizations on the fact of work.

Application to Court

The lawsuit and copies of the materials are submitted to the district court at the location of the defendant (his branch), subject to payment - 300 rubles.

A witnesses confirming the circumstances referenced by the plaintiff may be caused. However, testimony cannot be used in confirming the features of the work (work under certain conditions).

The claim for the appointment of a pension for general rules is considered. In the plaintiff, the defendant and other persons are invited by judicial agenda. The decision of the court will come into force after the expiration of the term for.

The plaintiff may be asked to appoint a pension from the date of appeal to the FIU. And not since the entry into force of the decision of the court by virtue. Or he can specify such a request in the text of the claim, as in our example. And then, satisfying a claim for the appointment of a pension, the Court may oblige a retirement from the moment of appeal to the FIU.

Clarifying questions on the topic

    This article discloses information on how when and where to apply for an appointment of an old age pension. For readers, the readers also provided a sample of the form and an example of filling out such a document.

    When to apply for old age pension?

    The current legislation is established by age, to achieve which, citizens can take advantage of their right to receive cash payments and submit an appointment of an old age pension. For women, this indicator is 55 years old, for men - 60 years. About other types of pensions and their meaning can be read

    The law also provides cases when the common retirement age It may be lowered and, accordingly, a person will be able to take advantage of its right to receive cash payments earlier. This is possible under the following conditions:

    • working with severe and dangerous working conditions;
    • labor activities in areas Far North or other areas with adverse climatic conditions;
    • birth of 5 or more children (for women);
    • the occupation of a profession, which guarantees the right to retire the retirement early (teachers, aviation workers, theater, etc.) and under other conditions provided for by the legislation of Russia.

    It should also be noted that since 2017, some civil servants have been increased by the common age of the work on labor rest: up to 65 years and 63 years for men and women, respectively. A citizen may apply for a pension at any time after the occurrence of the right to receive cash payments (but not earlier than 1 month before).

    How to write an application to the Pension Fund on Pension Accrual

    A sample application to the Pension Fund on the appointment of an old age pension is freely available on the main website of the FIU. This document contains such information:

    • the name of the division of the body in which the face is drawn;
    • Applicant's phoe;
    • insurance certificate number;
    • passport details;
    • place of registration, address of actual accommodation and stay;
    • specifying the type of availability required;
    • information on persons on the dependency of the future pensioner;
    • the main rights and obligations of the recipient of cash payments;
    • a list of submitted documents for mapping, etc.

    If the rights and interests of a citizen in the Pension Fund represents a different person, then you need to specify in the notification. Moreover, in the form of such a document, you need to make detailed information about the representative: its passport data, documentary grounds for mapping, etc.

    With the application of the statement to the Pension Fund on the appointment of an old age pension.

    Sample of filling out an appointment of an old age pension

    When drawing up any official documents you need to follow the following rules:

    • fill all the required fields and points;
    • specify reliable information;
    • prevent hopping and corrections;
    • make data with printed letters;
    • subscribe a compiled document is necessary to a citizen personally or its trusted person (if there is legal grounds for this).

    To prepare an application for a pension,The FIU establishes the following requirements:

    • FULL NAME Point and in the nominative case;
    • insert the full address of the place of residence, in accordance with registration, in cases of no registration, you need to write the word "no" and, in the corresponding field, indicate the place of actual residence;
    • the address of the place of residence outside the Russian Federation is indicated in Russian and foreign language (countries of residence);
    • when choosing a view pension benefits, instructions of personal information, etc. The mark is made in the corresponding square (not underscore);
    • the number of dependents is written in words;
    • mandatory deciphering of a citizen signature, etc.

    The completed sample application for the appointment of an old-age pension is posted on the main website of the FIU, it is possible to familiarize yourself with its content. link .

    How to apply to the Pension Fund on Pension Appointment?

    A completed sample application for an old age pension can be submitted to the FIU authorities not earlier than for 1 month Up to the well-established age of access to a well-deserved rest. In other words, if a citizen marks 60 years on May 25, then notify the FED divisions about his intention to receive cash payments, it can already from April 25.

    Together with a statement about the appointment of an old age pension, it is also necessary to provide a package of documents confirming the right of a citizen to receive this kind of cash payments.

    Submit the above data to local PFR authorities You can both personally and through:

    • legal representative;
    • postal office;
    • Multifunctional centers (MFC);
    • the Internet.

    Personally

    How to write and apply for old age pension? A citizen can provide all the necessary data into the FIU authorities personally. In cases where he does not have such an opportunity (for example, in connection with the state of health), the person can endure the necessary rights of his representative.

    It is worth saying that today it is possible to apply for a pension via online pages:

    • Single portal of public service;
    • official site of the FIU.

    When making cash payments through electronic services, a citizen does not lose opportunities for personal appeal to pension bodies, because through Internet resources it is impossible to provide all the necessary information in original video. Using the aforementioned services, you can apply for an old-age retirement (sample can be downloaded on the PFR website) and determine the date of reception of documents.

    Electronic

    To submit an application to the FIU on the appointment of a pension via the Internet, you need to register on the electronic resource of the Pension Fund and Perform the following actions:


    It is worth recalling that when drawing up an application to the Pension Fund on the appointment of old-age pension (sample filling is shown in the pictures), it is necessary to indicate only truthful information that is confirmed by official documents. The law provides for financial responsibility in cases of impractical information.

    Dates of the payment of payments after applying for an old age retirement

    The provisions of Article 22 of the Federal Law No. 400 states that cash payments are appointed from the date of reception of all necessary documents by the Pension Bodges of the Russian Federation, but not earlier than the emergence of the right to receive insurance benefits. And if applying for a pension in the IFC, how is the time of appeal to the FIU body determines? The second part of the above article establishes that in this case the date of appeal to the assignment of the insurance allowance is the number and month of acceptance of the application by the multifunctional center. In the same way, the date of appeal to make cash payments in cases of filing notification through branches of communication or Internet services are determined: the number and month specified on the postmark and the date of filling the corresponding form on the official portal of the FIU.

    After applying for an old age retirement , The FED units should consider this application within 10 days. In cases where it turns out that the provided package of documents is not complete, the citizen is given extra time for collecting the necessary information (but not more than 3 months).

    At the end, we can conclude that on the main website of the FIU, you can not only see the sample application for the appointment of an old age pension, but also to find out how and when to write it.

    Useful video

    Additionally familiarize yourself with the information on how to apply (compiled on the basis of the sample) to the Pension Fund on the Accrual of the Pension here:

    There is a certain procedure for the release of Russian citizens on. This procedure describes in detail in the federal law.

    If you are interested in the question of what is urgent pension payment And as it is assigned, then you will be interested.

    Subtleties about which you need to know

    1. In order to prepare a timely retirement, you must prepare the entire necessary list of documents in advance and write a statement.
    2. Application form on the accrual of old age pension can be taken in the pension fund and fill it at home.
    3. Now it is possible to submit documents for making a pension through the site "State Service". You need to register on the site, create a personal account, then fill out the application form, scan the collected documents and send the entire package to the Pension Fund. Also, retirement can be issued through MFC or send documents and statements by mail.
    4. In case of identifying a retirement fund, a lack of any document must be provided for three months.
    5. Accrual pension occurs after all documents were approved by a specialist.
    6. There is no need to assign copies, but they must be prepared along with the original documents.

    In order to receive the future retirement to the future retirement in a timely manner, you should take care of the collection of all put documents in advance.

    To avoid unpleasant misunderstandings, you need to carefully examine the rules for filling out the application, make sure that all documents are collected, in case of issues, consult with a specialist of the Pension Fund.

    Complaint to the higher pension body on the decision on the appointment (or: on refusal of appointment) of the labor pension

    Samples on the topic: Complaint. Pension

    Complaint against the decision on the appointment (or: on refusal of appointment) of labor pension

    To the application from "___" ________ ____, the following documents were applied provided for by the list of documents necessary to establish a labor pension and pension for state pension provision in accordance with federal laws "on labor pensions in Russian Federation"And" about state pension provision In the Russian Federation, "approved by the decision of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation of 27.02.2002 N 16/195: ____________________________________________, which is confirmed ____________________________________.

    According to paragraph 7 of Art. 18 of the Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation" Decisions on the establishment or refusal to establish a labor pension can be appealed to a higher pension body (in relation to the authority that made the appropriate decision).

    Based on the foregoing and guided by paragraph 7 of Art. 18 of the Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation", paragraph. 113 - 126 of the administrative regulations for the provision of the Pension Fund of the Russian Federation of the State Service for receiving and registration of statements of citizens to establish pensions in accordance with federal laws "On labor pensions in the Russian Federation" and "On State Pension Provision in the Russian Federation", approved by the Order of the Ministry of Health and Social Development of Russia of 12.12.2011 N 1521n,

    ASK:

    Applications:

    1. A copy of the statement from "___" ________ ____. On the appointment of a labor pension.

    2. Documents confirming the submission (admission) of the statement from "___" ________ ____. On the appointment of a labor pension.

    3. Documents confirming the application to the application of the necessary materials.

    4. Documents confirming the registration request for the provision of public services.

    5. A copy of the solution from "___" ________ ____ G. N ___ On the appointment of a labor pension and its size (or: a copy of the decision from "___" ________ ____. N ___ on refusal to appoint a labor pension).

    6. Documents confirming the applicant's arguments about the illegality and unreasonableness of the decision on the appointment (or: to refuse to appoint a labor pension.

    7. The power of attorney from "___" ________ ____ N ___ (if the complaint is signed by the applicant's representative).

    8. Other documents confirming the circumstances on which the applicant basizates its requirements.

    Pension refusal

    The grounds for refusing to prescribe (accrual) pensions in accordance with the current legislation are:

    1. Failure to submit the required document (documents) within the deadline.

    2. The absence of any information or availability of unreliable information in the applicant's documents.

    3. Lack of right to work pension or pension for state pension provision.

    If the Pension Fund decides to refuse to prescribe a pension. And a citizen believes that it is unreasonable, with this refusal decision in his arms he has the right to apply to courts. If the court decides the decision in favor of the applicant, the citizen will need to re-apply to the territorial body of the FIU and submit documents that were returned earlier and now need to calculate the size of the pension. If the court will indicate the date with which the court ordered to appoint a pension, the pension will be appointed from this date.

    Literature

    1. Federal Law of December 17, 2001 No. 173-ФЗ on labor pensions in the Russian Federation

    2. The official website of the PF of the Russian Federation http://www.pfrf.ru

    Application for recognition of illegal refusal to prescribe a preferential pension

    To the federal court of general jurisdiction ___________________________________________

    Plaintiff: (FULL NAME) _____________________________ Address: ______________________________________

    Respondent: (FULL NAME) ________________________ Address: _______________________________________

    Price claim. Not subject to evaluation

    STATEMENT OF CLAIM

    on the recognition of illegal decision to manage the Pension Fund of Russia

    on refusal of appointment preferential pension in old age

    20__ by the decision of the Department of Pension Fund No. 1 / H (Appendix No. 1), the plaintiff was denied the appointment of a preferential pension in old age. We consider the indicated decision illegal and unreasonable on the following grounds.

    In accordance with the PDP.17 Part 1 of Article 27 of the Federal FZ of the Russian Federation of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation" (hereinafter referred to as Federal Law No. 173-FZ) "An old-age labor pension is appointed earlier than the age of age, Article 7 of this Federal Law established by Article 7, for the achievement of the age of 55, women upon reaching the age of 50 years, if they were engaged in work with convicts as workers and employees of institutions that perform criminal penalties in the form of imprisonment, respectively, at least 15 and 10 years have an insurance experience, respectively, at least 25 and 20 years. "

    According to paragraph 2 of Art. 27 of the Federal Law No. 173-FZ "Lists of relevant works, industries, professions, posts, specialties and institutions (organizations), taking into account labor pensions in old age in accordance with paragraph 1 of this article, rules for the calculation of periods of work (activities) and appointment This pension, if necessary, approved by the Government of the Russian Federation. "

    Decree of the Government of the Russian Federation of 03.02.1994 No. 85 (as amended by the Decisions of the Government of the Russian Federation of August 26, 1996 No. 999, from December 30, 2005 No. 847) approved "List of works, professions and posts of employees of institutions that perform criminal punishments in the form of imprisonment employed In works with convicts using the right to retire due to the special working conditions. "

    In accordance with paragraph 2 of this list, the right to retire due to the special working conditions have managers, specialists and employees, constantly engaged in works with convicts, including accountants (PDP.1 of Part 2 of the Resolution), Economists (PDP .29 part 2 of the ruling).

    In accordance with paragraph 9 of clarification of the Ministry of Labor of the Russian Federation No. 8 dated 20.05.1994, "On the procedure for applying a list of works, professions and posts of employees of institutions that perform criminal penalties in the form of imprisonment engaged in works with convicts who have a retirement right in connection with special working conditions approved by the Decree of the Government of the Russian Federation of 03.02.1994 No. 85 ", approved by the Decree of the Ministry of Labor of the Russian Federation No. 39 of 20.05.1994," All periods of work in professions and positions provided for in a special employment experience A list, regardless of interruptions in the presence of confirmation documents. "

    In accordance with the public-union classifier of professions of workers, posts, employees and tariff sections, approved by the Decree of the State Adygeyatte of the USSR on the standards of August 27, 1986 No. 016, as well as the all-Russian classifier of professions of workers, posts, employees and tariff sections, approved by the Resolution of the State Standard of the Russian Federation of 26.12. .1993 "367, the position" Accountant "and the position" Economist "are attributed to employees.

    In accordance with the PDP.17 part 2, the rules for calculating the periods of work, which gives the right to the early appointment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", approved by Government Decree No. 11.07.2002 No. 516 (as amended by the Decisions of the Government of the Russian Federation of 02.05.2006 "266, from 18.06.2007 No. 381, from 05/26/2009 No. 449, with amended by the definition of the Constitutional Court of the Russian Federation of 12.07.2006 No. 261-O)" in early Citizens of an old-age pension in the manner provided for by these Rules are summed up by the periods of the following works: work with convicts as workers and employees of institutions that perform criminal punishments in the form of imprisonment. "

    The plaintiff has the following work experience in the establishment of the PL-350/11, which is part of the General Directorate of the Federal Penal Service for the Republic of Adygea from 10/29/1981 to 04.10.1993:

    The specified experience of the work of the plaintiff is confirmed by the data of the archival reference issued by the Code of Ukraine of Russia in the Republic of Adygea from 06.08.12 No. 12 / 10/1-303 (Appendix No. 2). These periods of work of the plaintiff are included in the employment record (Appendix No. 3). The total work experience of the plaintiff in the institution PL-350/11 from 10/29/1981 to 04.10.1993 is 11 years old, 11.4 months. Thus, with the required work experience of 10 years, the plaintiff has an experience of 11 years, 11.4 months.

    Clause 2 "List of works, professions and posts of employees of institutions that perform criminal penalties in the form of imprisonment employed in works with convicts using the right to retire due to the special working conditions" provide for the names of managers, specialists and employees directly occupied by convicts. Accountant and position The economist is listed.

    However, according to the decision of the Department of the Pension Fund of Russia No. 1 / H of 02.10.12, the plaintiff is not counted in the preferential experience of the following periods of work: __________________________.

    We believe that the refusal to manage the management of the Russian Pension Fund in the inclusion of the plaintiff to a special experience for the appointment of early old-age pension on PP. 17 p. 1 Art. 27 of the Federal Law N 173-FZ of these periods of the Plaintiff as an accountant, accountant operating officer, economist of logging is unreasonable, since the posts occupied by the claimant in this period of work are provided by the rights to preferential pension provision.

    In accordance with paragraph 7 of Article 26 of the Code of Civil Procedure of the Russian Federation "Iska on the restoration of labor, pension and housing rights, the return of property or its value related to the compensation for damages caused by a citizen by illegal condemnation, illegal involvement of criminal responsibility, illegal use as a measure to curb the detention, subscriptions about the unseen-season or illegal imposing administrative punishment in the form of arrest, can also be made to court at the place of residence of the plaintiff. "

    Based on the above and in accordance with the PDP.17 part 1 of Article 27 of the Federal Law of the Russian Federation of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation", Decree of the Government of the Russian Federation of 03.02.1994 No. 85, Government Decree of 11.07. 2002 No. 516, clarifications of the Ministry of Labor of the Russian Federation N 8 of 20.05.1994, paragraph 7 of Article 26 of the Code of Civil Procedure of the Russian Federation,

    1. Recognize illegal decision to manage the Pension Fund of Russia No. 1 / H from ___ _____ 20__ on refusal to the plaintiff in the appointment of a preferential pension in old age.

    2. To oblige the management of the Russian Pension Fund to include the following periods of work in the special experience: __________________________.

    3. To oblige the Office of the Pension Fund of Russia to appoint the plaintiff early labor pension from ___ _____ 20__.

    4. To consider the statement of claim at the place of residence of the plaintiff.

    1 - Decision of the Office of the Pension Fund of Russia No. 1 / N.

    2 - Archival reference FKA UK GUFSIN of Russia in the Republic of Adygea.

    3 - Plaintiff's labor book.

    ________________________ / ____________ / ___ __________ 20__

    The statement of claim to recognize the decision to manage the Pension Fund of the Russian Federation to refuse to appoint early labor pension illegal. (There are no periods of finding training holidays, business trips, advanced training courses)

    volgograd, ul. M.,

    d. XX, square. Xx

    Respondent: Office of the Pension Fund of the Russian Federation in

    Krasnoktyabrsky district Volgograd

    400078, Volgograd region, Volgograd g,

    V.I. Lenin PR-KT, 67A

    Statement of claim

    On recognition of the decision of the Department of the Pension Fund of the Russian Federation in the Krasnoktyabrsky district of Volgograd on the refusal of the appointment of early labor pension illegal.

    09/19/2013 I appealed to the UPP of the Russian Federation in the Krasnoktyabrsky district of Volgograd, with a statement about the consideration of the issues of the implementation of my pension rights provided for in paragraph 1 of paragraphs. 20 st. 27 FZ "On labor pensions in the Russian Federation" №173-ФЗ dated December 17, 2001

    12.12.2013 by the decision of the Russian Federation in the Krasnoktyabrsky district of Volgograd № ххх, I was denied the appointment of early labor pension for old age due to the lack of 30 years of special experience required to determine the right to retire.

    It is accepted for a test for a special experience on 09/19/2013 - 28 years 09 months 18 days.

    According to the above decision, the following periods of my work activity are not credited to a special experience:

    periods:

    on courses of advanced training with a separation from production:

    from September 14, 1998 to 10/07/1998 (24 days),

    from 25.05.1999 to 10/01/1999 (04 months of 07 days),

    from 12.06.2001 to 17.06.2001 (06 days),

    from 06/20/2004 to 27.06.2004 (08 days),

    from July 20, 2004 to July 22, 2004 (03 days),

    from 10.03.2007 to March 18, 2007 (09 days),

    from 04/09/2011 to 04/13/2011 (05 days),

    in school:

    from 10/15/1984 to 10/19/1984 (05 days),

    from 01.06.1989 to 06/30/1989 (01 month),

    from 01.02.1990 to 05/30/1990 (04 months),

    business trip:

    from 06.06.2006 to 06/06/2006 (04 days),

    from 03/20/2007 to 03/22/2007 (03 days),

    from 28.06.2007 to 29.06.2007 (02 days),

    07/17/2008 (01 day),

    08/30/2011 (01 day).

    These periods were not credited to the Russian Federation in the Krasnoktyabrsky district of Volgograd in a special work experience on the basis of the rules for calculating the periods of work, giving the right to the early appointment of an old-age labor pension approved by the Decree of the Government of the Russian Federation No. 516 of July 11, 2002.

    With this decision, I do not agree, I consider it illegal and unreasonable on the following grounds:

    1. According to the certificate of January 24, 2014, № ХХ, issued by the State Healthcare Institution "Clinical Hospital No. 5", certificate of January 22, 2014, № хх, issued by the federal budget institution of health "Center for Hygiene and Epidemiology in the Volgograd Region", certificate Of January 23, 2014, № хх, issued by the State Casual Health Institution "Volgograd Regional Anti-Tuberculous Dispensary No. 2", the above periods were carried out in the direction of the employer with the preservation of the workplace, wages, deductions to the Pension Fund.

    Training medical workersHigher Professional Education, provided for by the Regulations on the specialization and improvement of professional knowledge and skills of medical and pharmaceutical workers with higher education, approved by the Order of the USSR Ministry of Health of 11.11.1971 N 810 "On improving the organization and quality of specialization and improving professional knowledge of medical and pharmaceutical workers with higher education in institutions of improving doctors and other relevant health care institutions "

    According to paragraph 10 of the above-mentioned position of the person who graduated from the cycles of specialization and improvements receive a certificate of the established sample (see Appendix N 3 to this order) and have the right to work in their specialty.

    In accordance with the Federal Law of 04.05.2011 N 99-FZ (ed. From 07.28.2012) "On licensing certain types of activities" and a decree of the Government of the Russian Federation from the Russian Federation dated 16.04.2012 No. 291 "On licensing of medical activities", one of the licenses Requirements in the implementation of medical activities is to improve the qualifications of specialists who perform the stated work (services) at least 1 time in 5 years.

    Order of the Ministry of Health and Social Development of the Russian Federation of July 25, 2011 N 808n "On the procedure for obtaining qualification categories with medical and pharmaceutical workers"Approved" Regulations on the procedure for obtaining qualifying categories with medical and pharmaceutical workers ", according to which the qualification category assigned to the results of the qualifying exam was valid for five years from the date of publication of the order of its assignment (p.1.15).

    Based on the foregoing, I believe that periodic advanced training is prerequisite The implementation of the medical activities on my position held by me, and was not caused by my personal initiative, during these periods of time I remained salary, which is confirmed by the certificates of relevant health care institutions about finding advanced training courses, respectively, mandatory deductions from wages to the Russian Pension Fund , consequently, periods from September 14, 1998 to 10/07/1998 (24 days), from 05/25/1999 to 10/01/1999 (04 months of 07 days), from June 12, 2001 to 06/17/2001 G. (06 days), from 06/20/2004 to 27.06.2004 (08 days), from July 20, 2004 to July 20, 2004 (03 days), from May 10, 2007 to 18.03. 2007 (09 days), from 09.04.2011 to 04/13/2011 (05 days), from 09/03/2011 to 09/11/2011 (09 days), should be attributed to periods of work subject to Including in a special experience.

    2. According to Art. 10 FZ "On labor pensions in the Russian Federation" №173-ФЗ dated December 17, 2001 The insurance experience includes periods of work and (or) of other activities that were carried out in the territory of the Russian Federation by persons specified in the part of the first Art. 3 of this Federal Law, provided that the insurance premiums in the Pension Fund of the Russian Federation were paid for these periods.

    In accordance with Part 1 of Art. 3 of the above law, the right to labor pension have citizens of the Russian Federation, insured in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation", subject to the conditions provided for by this Federal Law.

    Part 2 of Article 27 of this Federal Law provides that lists of relevant work, professions, posts, specialties and institutions, taking into account labor pensions in old age in accordance with subparagraphs 7 - 13 of paragraph 1, rules for the calculation of periods of work (activities) and the appointment of the specified Pensions are approved by the Government of the Russian Federation.

    As follows from P.4 "Rules ...", approved by the Decree of the Government of the Russian Federation No. 516 dated July 11, 2002, "On approval of the rules for the calculation of periods of work given to the early appointment of an old-age labor pension in accordance with Art. 27, 28 "On labor pensions in the Russian Federation", in the work experience giving the right to the early appointment of an old-age labor pension (hereinafter referred to as the experience), the periods of work performed constantly during a full working day are counted, unless otherwise provided by these Rules or In other regulatory legal acts, subject to payment for these periods of insurance premiums to the Pension Fund of the Russian Federation.

    Periods of work that gives the right to the early appointment of an old-age labor pension, which was carried out continuously during a full working day, are counted in the experience in a calendar manner, unless otherwise provided by these Rules and other regulatory legal acts.

    By virtue of P.5 rules for the calculation of periods of work, which gives the right to the early appointment of an old-age labor pension, approved by the Decree of the Government of the Russian Federation of July 11, 2002. No. 516, in an employment experience, giving the right to the early appointment of a pension, the periods of obtaining benefits for state social insurance during the period of temporary disability, as well as periods of annual main and additional charged holidays are included.

    Decree of N2 - P dated January 29, 2004, with reference to the decision N8 - P dated 24.05.2001 and the definition of N320 - o dated 05.11.2002 Constitutional Court The Russian Federation has indicated that in relation to citizens who have acquired pension rights before the introduction of new legal regulations, previously acquired retirement rights are maintained in accordance with the terms and conditions of the legislation of the Russian Federation acting at the time of the acquisition of law.

    In accordance with PP. 5 tbsp. 68 Mzot of the Russian Federation, acting at the time of my stay in such studies, annual additional leave is provided in other cases provided for by law. Such cases may include the provided stipulated by Art. 198 Children's Children's Learning Due to Learning in the evening and correspondence of higher and secondary specialized educational institutions, because by virtue of these articles in this article during such holidays, salary remains.

    In Article 173 of the Labor Code of the Russian Federation, also providing for guarantees and compensation to employees who combine work with training in educational institutions Higher vocational education, the legislator calls such leave with additional.

    Based on the above, I believe that the periods of my stay in student payable leaves, from 10/15/1984 to 10/19/1984 (05 days), from June 01, 1985 to 06/20/1985 (20 days), with 02.06.1986 to 21.06.1986 (20 days), from 01/29/1987 to 07.02.1987 (09 days), from 06/01/1987 to 06/30/1987 (01 month), From 01/29/1988 to 07/07/1988 (09 days), from June 01, 1988 to 06/30/1988 (01 month), from 06/01/1989 to 06/30/1989 (01 month) From 01.02.1990 to 05/30/1990 (04 months), for which I remained the average wage, which was confirmed by the above-mentioned certificates of health institutions should be attributed to the periods of work to be included in a special experience.

    3. According to Art. 166 TK RF. Office is a business trip - a worker's trip to the employer's disposal for a certain period for the execution of an official order outside the place of permanent work. According to the certificate of January 23, 2014 № ххх, issued by the state government institution of health "Volgograd Regional Anti-Tuberculous Dispensary No. 2" service business trips, from 06.06.2006 to 06/09/2006 (04 days), from March 20, 2007 on 03/22/2007 (03 days), from 28.06.2007 to 29.06.2007 (02 days), July 17, 2008 (01 day), 08/30/2011 (01 day) was carried out in connection With the medical activity of the employee, in the direction of the employer with the preservation of the workplace, wages, deductions to the Pension Fund.

    On the basis of the above,

    I ask the court:

    1. Recognize the decision of the Department of the Pension Fund of the Russian Federation (GU) in the Krasnoktyabrsky district of Volgograd about the refusal of the appointment of pension № ХХ from 12.12.2013 in terms of not inclusion in the special experience of the above periods illegal.
    2. Commit the defendant to include in special work experience H.kh.kh. Given to the early appointment of an old-age labor pension next period of work, study:
    3. from September 14, 1998 to 10/07/1998 (24 days), from 05/25/1999 to 10/01/1999 (04 months of 07 days), from 12.06.2001 to 17.06.2001 (06 days), from 06/20/2004 to 06/20/2004 (08 days), from July 20, 2004 to July 22, 2004 (03 days), from 10.03.2007 to 18.03.2007 ( 09 days), from 04/09/2011 to 04/13/2011 (05 days), from 03.09.2011 to 09/13/2011 (09 days) - Looking for advanced training courses
    4. from 10/15/1984 to 10/19/1984 (05 days), from 06/01/1985 to 06/20/1985 (20 days), from 02.06.1986 to 21.06.1986 (20 days) , from 01/29/1987 to 07.02.1987 (09 days), from 01.06.1987 to 06/30/1987 (01 month), from 01/29/1988 to 07.02.1988 (09 days ), from 01.06.1988 to 06/30/1988 (01 month), from 01.06.1989 to 06/30/1989 (01 month), from 01.02.1990 to 05/30/1990 (04 months) - stay in school holidays
    5. from 06.06.2006 to 06/06/2006 (04 days), from March 20, 2007 to 03/22/2007 (03 days), from June 28, 2007 to June 28, 2007 (02 days) 17.07.2008 (01 day), 08/30/2011 (01 day) - staying in office business trips.
    6. To oblige the management of the Pension Fund of the Russian Federation (GU) in the Krasnoktyabrsky district of Volgograd to appoint H.H.kh. Early labor retirement in old age from the moment of the emergence of such a right.

    Application:

    1. Copy of the claim - 1 copy.
    2. A copy of the employment record - 2 copies.
    3. Copy of reference - 2 copies.
    4. Copy of reference - 2 copies.
    5. Copy of reference - 2 copies.
    6. Copy of reference - 2 copies.
    7. A copy of the decision of the GU UPFR in the Krasnoktyabrsky district of Volgograd - 2 copies.
    8. A copy of power of attorney - 2 copies.
    9. Receipt of payment of state duty - 2 copies.

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