Is study included in the total length of service? According to current legislation, no. If the training took place before 2002, yes, because this was established by the law in force before 2002.
The insurance period (production) is the time when pension contributions were made for a citizen. Its main significance is that it influences the formation of pension contributions (currently the minimum for assigning a pension is 15 years).
Pension legislation is constantly changing, but a new law cannot worsen a citizen’s situation. According to the previous law, the time of study was taken into account when assigning pension benefits, but according to the current law, it is not. Therefore, whether studying at an institute is included in the length of service depends on the period during which it occurred.
Is study included in the total work experience?
Until 1992, pensions were assigned on the basis of Resolution of the Council of Ministers of the USSR No. 590 of 08/03/1972, from 1992 to 2002 - according to the law on pensions No. 340-I of November 20, 1990. In accordance with these legislative acts, years of study are included in the total work experience if a citizen received education in higher and secondary specialized educational institutions.
Since 2002, Federal Law No. 173 of December 17, 2001 on pensions has been enacted in Russia. In accordance with Art. 10-11 of this law, the period of study is not taken into account when assigning a pension. The very concept of “work experience” has been replaced by “insurance”.
In 2015, the legislation changed again. Federal Law No. 400 came into force, adopted on December 28, 2013 and still in force to this day. He increased the number of periods counted in labor output, but the period of education was not included in it.
In accordance with Art. 11 of the new 400-FZ, insurance coverage includes the following periods:
- military service;
- receiving unemployment or disability benefits;
- caring for a young child under one and a half years old;
- caring for a disabled person, an elderly citizen over 80 years old, a disabled child;
- unjustified detention;
- living together with a military spouse (or military spouse) in an area where there was no opportunity to carry out work activities;
- living with a spouse abroad.
According to the law, it turns out, and this is indicated in paragraph 8 of Art. 13 400-FZ, that study is included in the length of service for a pension if it was carried out before 2002. This term refers to the acquisition of knowledge in secondary and higher educational institutions.
The concept of total work experience (GTS)
An entry about the professional employment of an individual before retirement must be made in the employee’s record book. The concept of total work experience (GTS) means the total result of all professional activities of a person, which is regulated by the state at the legislative level.
In other words, the total duration of work and other activities required to receive a pension benefit is counted as insurance experience (Federal Law “On Labor Pensions of the Russian Federation”).
The employee’s work record book confirms the person’s employment and is the main actual collection of information about the OTS. Using the total length of service index, the amount of pension benefits associated with old age, disability and length of service is determined.
The main requirements here are the need for professional employment only in the territory of the Russian Federation with previous confirmation of insurance payments to the Pension Fund (PF) for the established amounts of money.
Making insurance payments is allowed to citizens of the Russian Federation who are at work in other states, if this is confirmed by the relevant international contractual documents.
OTS is classified as a type of work experience, which also consists of continuous and special. An indicator of the general period is the emergence of grounds for registration of an age pension, the loss of a breadwinner due to his long-term illness or disability. Thanks to more time spent in professional activities, a person has the opportunity to retire early.
After the pension reform took place in 2002, the term OTS was replaced by the insurance period (SS). The concept of insurance comes from the obligation of an individual to make regular contributions to the Pension Fund, thanks to which the due pension benefit will be accrued in the future.
When will training time be counted?
University, technical school, and graduate school are taken into account when assigning a pension; college is included in the length of service for a pension, but not school years; studying at a comprehensive school has never been included in the calculation. And they count only when completing training before 2002.
The exception is cases when the student carried out labor activities in his free time from classes.
According to Soviet legislation, vocational education was equal to these types of education, so the answer to the question of whether courses are included in the pension experience is positive if they were completed before 2002 and related to vocational training (advanced training, etc.).
What types of length of service affect the size of your pension?
As is known, the final amount of pension provision established for a specific person will depend on various factors. This list also includes various types of work experience. In accordance with current legislative norms, the total period of work experience may consist of:
- from any professional activity that was carried out on the territory of our state. It should be noted that work outside the Russian Federation may also be included in the length of service; however, in this case, there will be certain restrictions in the procedure for counting such activities;
- military service, which is carried out both in accordance with conscription and on the basis of a concluded contract;
- time of illness that arose during the period of official employment of an individual or disability, the receipt of which was also carried out during the work of the citizen;
- time spent in places of imprisonment, provided that in the future the previously passed sentence was officially canceled;
- time spent officially registered at the employment center.
In addition, some additional periods during which the citizen was not actually engaged in professional activities for certain reasons may be included in the total length of service. The list of such periods is established officially. The main ones include the following:
- completion of vocational training by an individual at a relevant institution;
- time spent caring for a close relative who was officially declared incompetent;
- while the woman is on maternity leave. This also includes the period of caring for a child who has already been born until he reaches the age of three;
- a time during which the soldier’s wife did not have a full-fledged opportunity for official employment. Here, special attention should be paid to one additional rule, namely, the maximum duration of such a period should not exceed 10 years;
- the time citizens spent in the occupied territories, as well as in concentration camps during the Great Patriotic War.
It should be noted that in order to include the above periods in the total length of service, each of them must be confirmed by relevant documents. To do this, the interested person will need to submit various papers to the authorized organization. For example, if we are talking about ensuring proper care for an incapacitated relative, the main documents will be the relevant medical reports, as well as the decision of the judicial authority.
What is included in the length of service and how to calculate the periods?
To calculate the total length of service, an authorized person must follow the following simple scheme:
- First, he must determine all the periods that, in accordance with current legislation, are necessarily included in the length of service. Here it is necessary to remember that these periods can be expressed not only in professional activities, but also in other activities, including creativity, as well as socially useful work.
- Next, all selected periods must be summed together. The final indicator will be the total length of work experience of a particular person.
In addition, the person responsible for the calculation must remember one additional rule, namely, some periods of a citizen’s labor activity are subject to credit in a special manner, for example, in double or one-and-a-half times. Such periods include:
- work in the Far North region. As you know, this region is distinguished by the presence of particularly harsh living conditions. That is why the operating time here will be increased by exactly one and a half times. This also includes periods of work in other areas that were officially equated to the Far North;
- the time a citizen served in the army, as well as the period of work in leper colonies, etc. In this case, the rule of doubling the above periods will apply;
- time of participation in various military operations, as well as periods of work in the accident zone at the Chernobyl nuclear power plant. These periods during the calculation of the total length of service will be increased exactly three times. This rule will also apply to the time an individual is in prison, provided that the sentence of the judicial institution was ultimately officially annulled.
It should be noted that to determine the length of service and subsequent calculation of the amount of pension benefits, the current legislative norms have developed several available formulas. Each of them can be chosen by the insured person independently. That is, the citizen himself has the right to decide exactly how his future pension will be calculated from the available methods. According to general rules, the length of work experience is determined in years, months and days. In this case, the average values apply during determination. For example, one month here will always be equal to 30 days.
The training took place at a departmental university
In accordance with Law No. 4468-1 of February 12, 1993 and Government Decree No. 941 of September 22, 1993, training is included in the length of service for receiving a pension in the internal affairs bodies within 5 years. This rule applies to employees who entered the service before 01/01/2012, subject to graduation from an educational institution (Part 2, Article 17, Article 22 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and making amendments to certain legislative acts of the Russian Federation", clause 2 of article 35 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service", order of the Minister of Defense of the Russian Federation of April 7, 2015 No. 185).
Based on 342-FZ dated November 30. 2011, 53-FZ dated 03/28/1998, order of the Ministry of Defense of the Russian Federation No. 185 dated 04/07/2015, enrollment in universities of the Ministry of Internal Affairs or the Ministry of Defense is actually entry into service with the signing of contracts.
Special experience
The concept of “special work experience,” although absent from modern pension legislation, in fact continues to be used in a number of cases:
- For early calculation of pensions in accordance with the standards of compulsory pension insurance (Federal Law No. 400-2007).
- When calculating wage supplements as compensation for difficult working conditions (Order of the Ministry of Health and Social Development No. 822-2007).
- When establishing incentive bonuses for people working in hazardous industries or in difficult climatic conditions (Order of the Ministry of Health and Social Development No. 818-2007).
- To additionally provide paid annual leave to workers in heavy or hazardous production (Labor Code, Art. No. 121).
The list of professions whose employees are given special work experience is given in regulations approved by the government of the Russian Federation.
Calculation of work experience
For the largest number of citizens, the calculation of periods of work for early assignment of pensions is carried out according to the Rules approved by Resolution 516
. That is, according to these Rules, the length of service is calculated.
In particular, these Rules:
- a procedure has been established for summing up periods of certain types of work that give the right to early assignment of an old-age pension;
- the condition is reflected that the length of service includes periods of work during a full working day and subject to payment of insurance contributions to the Pension Fund for these periods;
- it is stipulated that periods of work are counted towards length of service in calendar order. Vacations and sick leave are also counted towards length of service;
- it is noted that periods of part-time work, but full-time work, are calculated for seniority based on the time actually worked (under certain conditions);
- it is reflected that work in the field (geological exploration, geophysical, forest management, etc.) is taken into account in the following order: work from 6 months to one year - as one year;
- less than 6 months – according to actual duration.
How is work experience calculated?
Work experience includes periods of work in certain industries, professions and positions or in certain types of work. Work experience in this case represents the total duration of periods of such work. But the calculation of work experience is made by summing up working periods according to certain rules.
The definition and rules for calculating length of service in various types of work for different categories of workers are regulated by separate regulatory legal acts.
One of such acts is the Decree of the Government of the Russian Federation N 665
.
Another act is the Rules for calculating work periods, approved by Decree of the Government of the Russian Federation N 516
.
These Rules regulate general issues of the procedure for calculating periods of labor activity for all categories of workers entitled to early assignment of an old-age insurance pension in accordance with Articles 30 and 31 of Law No. 400-FZ
.
We can name another act that defines the rules for calculating the length of service of workers carrying out medical and other activities to protect public health in health care institutions. This is the Decree of the Government of the Russian Federation N 781
.
There are other acts that determine the procedure for calculating periods of work for flight personnel, teachers and other categories of citizens to calculate length of service for pensions.
It should also be noted that, at the choice of a citizen, the length of service in the relevant types of work may include periods of work that took place before January 1, 2015 and were counted toward the length of service when assigning a pension in accordance with the legislation in force during that period of work. In this case, the rules for calculating length of service provided for by the legislation in force at that time are applied.