Deadlines for granting pensions by court decision. Recalculation of pensions by court decision


Withholding from pensions is one of the methods of government agencies to return overpaid funds to the treasury. Since a non-working or working pensioner usually does not want to return the overpayment voluntarily, various refund methods:

  • performance list;
  • the court's decision;
  • decision of the Pension Fund authorities.

Of course, it is possible to avoid deductions from your pension, but only observing all payment deadlines required amounts.

Can cash amounts be deducted from a pension?

Today, there are several reasons to make a deduction from your pension. The main reason is the citizen’s reluctance to return funds voluntarily. Often deductions are made from citizens, in a timely manner who did not provide information, affecting the size of pension payments or the fact of its receipt (i.e. when citizens were overpaid with a pension).

According to Federal Law dated December 28, 2013 N 400-FZ “About insurance pensions” The main criteria for deduction from insurance pension provision are:

  1. decision of the Pension Fund of Russia who provide pensions, on the collection of amounts, fixed payments to them;
  2. court decision on the collection of insurance pensions and fixed payments due to abuse by a person established in court;
  3. executive documents.

Withholding by decision of the Pension Fund authorities

Deduction from a pension by decision of the Pension Fund (PFR) is carried out, as a rule, in cases where a citizen overpaid pension.

This point does not apply to deductions for alimony, because payment of alimony is parent's responsibility for child care.

Amount of deduction from pension

May be withheld no more than 50 percent of pension, and in some cases no more than 70 percent of the insurance pension or a fixed payment to it. Deductions based on decisions of the Pension Fund of Russia are made in an amount not exceeding 20 percent of the insurance pension payment or not more than 20 percent of the fixed payment.

Unfortunately, there are persistent non-payers of alimony who, in addition to debts in the form of alimony, also have overdue loans. And in practice, it happens that after collecting alimony and amounts on outstanding loans, the pensioner does not have money to collect the amounts received.

Application to reduce the amount of withholding

In cases where a pensioner has a difficult life situation, for example, there are no other sources of livelihood (except for a pension), the amount of deduction can be reduced.

In each specific case, the application is submitted to different authorities.

  • If the pension is withheld according to a writ of execution, then an application to reduce the amount of the deduction must be written to the bailiff service.
  • In the event that deductions are made from pension benefits by decision of the Pension Fund, then the application must be submitted precisely to the Pension Fund.

The purpose of these organizations is to collect funds. In our country, there are quite a lot of recipients of low pensions, and, as a rule, these are citizens - people from the village, who worked all their lives on a collective farm, where wages were low. Accordingly, the amount of pension provision is set at a low level. It is in such situations that you should fill out an appropriate application in order to reduce the amount of deductions from pension payments.

Is it possible to avoid deduction from pension?

In order to avoid the situation of deduction from the pension amount, you must first of all be a law-abiding citizen, fulfilling all loan and tax obligations, paying utility bills, payments for gas supply, energy supply, etc. on time.

Important when submitting documents to the Pension Fund provide reliable information and if circumstances arise that lead to a reduction in the pension, report them to the Pension Fund at the place where the pension was received.

  • For example, when applying for a loan, you must ensure timely payment of the principal and interest on the loan. Then there will be no late payment, and the bank will not have to go to court to recover unpaid amounts on the loan.
  • Another example, when there was confusion regarding utility bills, it’s better to ask all the questions decide immediately and not bring it to trial and to deduction from the pension.

Conclusion

Deductions from pensions can be made by writ of execution, by decision of the Pension Fund of Russia, or by court decision.

  1. Deduction from pension according to writ of execution made in the presence of debts:
    • on loans;
    • on taxes;
    • in case of non-payment of payments for utilities, gas and energy supply;
    • for non-payment of alimony.

    Make deductions based on this document (with the exception of alimony). Consequently, when applying to the Pension Fund authorities for a certificate to obtain a loan, the Pension Fund authorities can quite reasonably refuse to issue a certificate for these purposes.

  2. By decision of the Pension Fund of Russia withholding may be due to overpayment of a pension, in connection with the provision of false information by a citizen when assigning it, when recalculating it, or in case of failure to provide information about circumstances leading to a reduction in the amount or termination of payment.
  3. Hold By the tribunal's decision may be in cases where there is an overpayment of a pension, and its payment has been stopped.

The amount of deduction under a writ of execution, as well as by court decision, can be no more than 50% of the pension amount, and in case of a large number of debts - no more than 70% from the size of the pension. The size of the deduction according to the decision of the Pension Fund can be no more than 20% of the pension amount.

The process of registering pensions in Russia has been significantly simplified since this year. But citizens are still interested in the timing of pension accrual after submitting documents - every newly minted pensioner wants to know when he can receive his first payment.

The conditions for granting a pension include fulfilling the length of service requirements. Today, the minimum period that must be worked to accrue benefits is eight years. In the future, it is planned to increase it - by 2025, the first pension will be awarded only to those who have worked for at least fifteen years.

When submitting papers, a citizen must fill out a special application form. Its form, as well as a sample, can today be obtained from the Pension Fund branch or viewed on the Internet. Those who want to arm themselves with all the documents and quickly submit them for immediate processing can even download the form from the Internet.

You can submit your application in the same way - in person or online. After filling out and submitting the papers, the deadline for granting a pension is calculated in ten days - it is during this period of time that Pension Fund employees are required to consider the person’s application and make a decision on payments.

When drawing up an application, a potential pensioner indicates:

  • your data – last name, first name and patronymic, as well as permanent residence address;
  • passport information, insurance certificate data;
  • in cases where a person is declared incompetent - information about the legal guardian or other representative;
  • type of pension due;
  • list of documents attached to the application.

When forming an application, a citizen is obliged to list in it sufficient grounds for calculating pension benefits. The list of attached documents must contain exactly those papers that can confirm his right to payments.

List of papers for submission to the Pension Fund

In addition to the application, a citizen who applies to receive a pension provides the following certificates and papers:

  • passport;
  • a certificate with salary accruals for five years of work - it does not matter which years of work will be taken, the main thing is that the length of service during this time is continuous;
  • work book;
  • documents certifying the existence of insurance experience for the assignment of a pension;
  • medical insurance certificate.

In some cases, pensioners also attach other documents. They may be:

  • military ID - for former military personnel;
  • certificate of registration of individual entrepreneurs - for those who were engaged in entrepreneurial activities;
  • birth certificates of all children - for mothers with many children who have benefits;
  • certificate of disability - for those who are the caregiver of a disabled person;
  • confirmation of last name change – if necessary;
  • documents on the presence of dependents in care;
  • confirmation of work under special conditions - if, according to the law, these industries are considered the basis for the calculation of preferential benefits;
  • documents indicating a person’s participation in any programs for material financing of pensions.

After the citizen has collected the entire package of papers, filled out the application and submitted it to the Pension Fund, he can only wait for the first transfers. And they begin immediately - according to the law, pension payment is carried out after submitting an application. However, with the traditional procedure for assigning benefits, when applying personally to the body providing pensions, a citizen needs to take into account the following points:

  • the application must fully comply with the established template;
  • both the application and the package with all papers and certificates must be prepared a month before the specific date of retirement;
  • all documents are submitted either in person to the Pension Fund, or by contacting the post office or the MFC;
  • if any of the necessary papers were not attached to the application initially, they must be submitted within the first three months - otherwise the pension registration process will be terminated and a repeat procedure will be required;
  • in no case should you forget to provide information about your place of residence and bank details through which the pension will be transferred to the card;
  • The pension should be calculated from the day the application is submitted, but only after the institution makes a positive decision on the citizen.

When to expect money. Deadlines for calculating pensions

Despite the fact that the law strictly stipulates the deadline for assigning an insurance pension and it is 10 days, in practice there are often exceptions. Therefore, there are situations when the first benefits are paid earlier or later than the stated period.

Most often, pensioners receive their first pension later than expected, in case of errors made during registration - either not all documents were provided, or there were some shortcomings in the application. However, employees of a government agency must promptly warn the applicant about discrepancies and provide him with a time frame for quickly correcting errors. If all the papers are filled out correctly and submitted on time, the first payment should arrive as early as next month, on the very first day. The entire package is checked by PF employees within ten days.

In some cases, a person does not need to wait for the issue of pension accruals to be considered at all. Everything happens much faster. Short periods for calculating pensions after submitting documents can be:

  • in case of dismissal of a citizen due to old age, he only needs to contact the Pension Fund and notify him of the fact of leaving work;
  • if a citizen is recognized as disabled, on the same day you can contact a government agency without any statements;
  • in the event of the death of the breadwinner, the citizen is entitled to a payment, to receive which he must contact the Pension Fund of the Russian Federation within 12 months from the date of death;
  • for those who are already receiving disability benefits - in this case, the person will begin receiving a labor pension after reaching the appropriate age. The age limit for men is 60 years, for women – 55.

In all of the above situations, charges are formed before citizens apply. However, a personal visit to a person from the organization may be necessary to clarify any information. As a rule, this concerns the information that the citizen himself wants to know.

If we talk about the timing of the payments themselves, the type of benefit plays a role here. The accrual of the old-age labor pension is of an open-ended nature – that is, payments must be made throughout the life of the pensioner. Disability benefits are paid only during the period when a person is officially recognized as incapacitated. That is, if his disability group is removed due to recovery, from that day the benefit also stops coming. A person does not need to notify the Pension Fund about the fact of recovery - government organizations have their own unified database, and information about such changes is provided to employees promptly. This also explains the reduction in the terms for calculating certain types of pensions in certain situations.

When preparing for a well-deserved vacation, citizens need to worry in advance and collect the entire package of required certificates and papers. After all, the sooner you contact the appropriate organization, the easier and faster the procedure for obtaining the long-awaited benefit will be.

(21 ratings, average: 5,00 out of 5)



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The process of registering pensions in Russia has been significantly simplified since this year. But citizens are still interested in the timing of pension accrual after submitting documents - every newly minted pensioner wants to know when he can receive his first payment.

The conditions for granting a pension include fulfilling the length of service requirements. Today, the minimum period that must be worked to accrue benefits is eight years. In the future, it is planned to increase it - by 2025, the first pension will be awarded only to those who have worked for at least fifteen years.

When submitting papers, a citizen must fill out a special application form. Its form, as well as a sample, can today be obtained from the Pension Fund branch or viewed on the Internet. Those who want to arm themselves with all the documents and quickly submit them for immediate processing can even download the form from the Internet.

You can submit your application in the same way - in person or online. After filling out and submitting the papers, the deadline for granting a pension is calculated in ten days - it is during this period of time that Pension Fund employees are required to consider the person’s application and make a decision on payments.

When drawing up an application, a potential pensioner indicates:

  • your data – last name, first name and patronymic, as well as permanent residence address;
  • passport information, insurance certificate data;
  • in cases where a person is declared incompetent - information about the legal guardian or other representative;
  • type of pension due;
  • list of documents attached to the application.

When forming an application, a citizen is obliged to list in it sufficient grounds for calculating pension benefits. The list of attached documents must contain exactly those papers that can confirm his right to payments.

List of papers for submission to the Pension Fund

In addition to the application, a citizen who applies to receive a pension provides the following certificates and papers:

  • passport;
  • a certificate with salary accruals for five years of work - it does not matter which years of work will be taken, the main thing is that the length of service during this time is continuous;
  • work book;
  • documents certifying the existence of insurance experience for the assignment of a pension;
  • medical insurance certificate.

In some cases, pensioners also attach other documents. They may be:

  • military ID - for former military personnel;
  • certificate of registration of individual entrepreneurs - for those who were engaged in entrepreneurial activities;
  • birth certificates of all children - for mothers with many children who have benefits;
  • certificate of disability - for those who are the caregiver of a disabled person;
  • confirmation of last name change – if necessary;
  • documents on the presence of dependents in care;
  • confirmation of work under special conditions - if, according to the law, these industries are considered the basis for the calculation of preferential benefits;
  • documents indicating a person’s participation in any programs for material financing of pensions.

After the citizen has collected the entire package of papers, filled out the application and submitted it to the Pension Fund, he can only wait for the first transfers. And they begin immediately - according to the law, pension payment is carried out after submitting an application. However, with the traditional procedure for assigning benefits, when applying personally to the body providing pensions, a citizen needs to take into account the following points:

  • the application must fully comply with the established template;
  • both the application and the package with all papers and certificates must be prepared a month before the specific date of retirement;
  • all documents are submitted either in person to the Pension Fund, or by contacting the post office or the MFC;
  • if any of the necessary papers were not attached to the application initially, they must be submitted within the first three months - otherwise the pension registration process will be terminated and a repeat procedure will be required;
  • in no case should you forget to provide information about your place of residence and bank details through which the pension will be transferred to the card;
  • The pension should be calculated from the day the application is submitted, but only after the institution makes a positive decision on the citizen.

When to expect money. Deadlines for calculating pensions

Despite the fact that the law strictly stipulates the deadline for assigning an insurance pension and it is 10 days, in practice there are often exceptions. Therefore, there are situations when the first benefits are paid earlier or later than the stated period.

Most often, pensioners receive their first pension later than expected, in case of errors made during registration - either not all documents were provided, or there were some shortcomings in the application. However, employees of a government agency must promptly warn the applicant about discrepancies and provide him with a time frame for quickly correcting errors. If all the papers are filled out correctly and submitted on time, the first payment should arrive as early as next month, on the very first day. The entire package is checked by PF employees within ten days.

In some cases, a person does not need to wait for the issue of pension accruals to be considered at all. Everything happens much faster. Short periods for calculating pensions after submitting documents can be:

  • in case of dismissal of a citizen due to old age, he only needs to contact the Pension Fund and notify him of the fact of leaving work;
  • if a citizen is recognized as disabled, on the same day you can contact a government agency without any statements;
  • in the event of the death of the breadwinner, the citizen is entitled to a payment, to receive which he must contact the Pension Fund of the Russian Federation within 12 months from the date of death;
  • for those who are already receiving disability benefits - in this case, the person will begin receiving a labor pension after reaching the appropriate age. The age limit for men is 60 years, for women – 55.

In all of the above situations, charges are formed before citizens apply. However, a personal visit to a person from the organization may be necessary to clarify any information. As a rule, this concerns the information that the citizen himself wants to know.

If we talk about the timing of the payments themselves, the type of benefit plays a role here. The accrual of the old-age labor pension is of an open-ended nature – that is, payments must be made throughout the life of the pensioner. Disability benefits are paid only during the period when a person is officially recognized as incapacitated. That is, if his disability group is removed due to recovery, from that day the benefit also stops coming. A person does not need to notify the Pension Fund about the fact of recovery - government organizations have their own unified database, and information about such changes is provided to employees promptly. This also explains the reduction in the terms for calculating certain types of pensions in certain situations.

When preparing for a well-deserved vacation, citizens need to worry in advance and collect the entire package of required certificates and papers. After all, the sooner you contact the appropriate organization, the easier and faster the procedure for obtaining the long-awaited benefit will be.

(21 ratings, average: 5,00 out of 5)



The Russian pension is far from the concept of truly well-deserved rest and dignified old age. We regularly publish materials about the difficult life of Russian pensioners, about the meager amount of pensions in the country, and about the problems they have to face. And recently, French economists generally considered our country. And it would be fine if it were only a matter of low pensions, the terrible situation of the health care system and low social guarantees. Along with these troubles, old people often have to fight for their own pensions, turning to law enforcement officers and the courts.

If the other problems still find at least some explanation, then how to justify the need to humiliate ourselves in the fight for the payments deserved by decades of work is a good question. Be that as it may, the fact remains that the database of judicial acts is daily updated with decisions regarding pensioners suing the Pension Fund. Old people have to challenge the low amount of insurance payments or even the refusal to provide them, which clearly looks like a blatant violation of the law. Although the representatives of the Pension Fund of Russia can be understood - they are only “cogs of the system”, carrying out installations in the presence of formal signs.

It's all the fault of the HR departments and the Pension Fund of Russia

There are plenty of reasons for such humiliation among the elderly: some made mistakes in their documents, some did not make additional insurance payments for them, while others fail to prove that they have several years of experience giving them the right to a pension and increased payments. An indicative example is Marina Kuznetsova from the Sverdlovsk region, which was described by Arguments and Facts. A woman who had worked in an official job all her life was not counted for about 10 years of experience, which caused a multiple reduction in her pension. The Pension Fund justified this decision by violations when filling out the work book: illegible entries, the absence of some seals and signatures, and voila - 10 years of official work “down the drain.” The woman spent about six months trying to prove her case in the courts, citing the guilt of personnel officers, but in the end she achieved her goal. But not everyone has enough determination.

According to trade union representatives, Among all refusals to grant a pension, the most common one is early retirement. Many categories of workers apply for it: doctors and teachers, military and civil aviation pilots, mothers of many children, miners, metallurgists and representatives of other professions associated with hard and harmful work. But if those who worked for the state have no problem proving their right to benefits, then representatives of hazardous professions often experience problems. It even happens that the company was liquidated long ago, the archives are lost, and the Pension Fund of the Russian Federation refuses to take into account the preferential length of service. As a result, they may cut off several thousand rubles from their pension or even refuse to grant it early, as was the case with some employees of the Taganrog Metallurgical Plant. Here you certainly can’t do without courts.

Often the reason for such refusals on the part of the Pension Fund is employer ignoring the obligation to pay insurance premiums. And when it comes to harmful working conditions, the employer is required to make additional contributions, which is ignored in practice. The absence of these often becomes the reason for refusal to grant an insurance pension upon reaching 55 years of age. But according to the law, this is not a basis for refusing to grant an early pension - it is not the employee’s fault, which is confirmed by Resolution of the Constitutional Court of the Russian Federation No. 9-P dated July 10, 2007.

The situation is similar with advanced training courses for doctors and teachers - the Pension Fund refuses to include them in their work experience. In controversial situations, this can also deprive pensioners of a well-deserved early rest, which is what happened to one of the teachers in Beloretsk. And there are many such examples. But regardless of the reasons, you have to defend your rights in the courts.

Right to pension

True, not everyone is able to defend their rights. And it’s not even a matter of determination, but a simple lack of funds to protect one’s own interests - the services of lawyers are too expensive, especially when the elderly remain lonely and there is nowhere to wait for help. Although, Russian justice does not always protect pensioners. The most striking example is the case of fifty pensioners from the village of Bozhonka, Novgorod region, who have been trying to get a well-deserved pension for more than 4 years. Having worked at a local poultry farm for a full-time work experience of 30-40 years, many of them were surprised to learn that the archives of their enterprise burned down and, as it were, they no longer had experience... Due to the lack of proof of work, the Pension Fund of the Russian Federation took and assigned social benefits to everyone pensions, which often don’t even reach 8 thousand rubles. The locals even made it to the Kremlin, but so far there is no sense, although the regional prosecutor’s office has already paid attention to the case. True, the intervention of law enforcement officers is a very positive signal.

Thus, the same prosecutor’s office has already repeatedly helped pensioners. For example, one of the Tver doctors who had reached retirement age and had insurance experience was denied a pension due to insufficient insurance experience, which did not include advanced training courses. Over 30 years of continuous work, the required courses amounted to as much as 2 years. The prosecutor’s office did not like this “excuse”, and after a prosecutor’s check, the Fund’s officials changed their position, assigning a pension, albeit a modest one. The prosecutor's office also helped one of the Yakut pensioners, who was also denied a pension for 2 years. After conducting an audit, prosecutors not only proved the existence of circumstances for early retirement, but they also insisted on paying off the debt for past periods in the amount of 230 thousand rubles.

Cases aimed at restoring the rights of Russians who worked during the Second World War should be placed in a separate category of prosecutorial checks. Let us remind you that, according to the law, they are equated with WWII veterans. Based on this, as reported by the Prosecutor General's Office, law enforcement officers managed to achieve a recalculation of pensions for hundreds of pensioners in Moscow, Kaluga, Bryansk and other large cities. However, in each case, the key role is played by the pensioner himself, who is ready to fight for his rights - without their appeal, the prosecutor’s office is powerless.

How to protect yourself

The modern reality is that work experience often has to be proven even for those who have worked at the same enterprise all their lives. What about those who, due to their profession, had to change jobs frequently? Confidence that all income and length of service will be taken into account can only be determined by official information, which is not so difficult to obtain today. If previously, in order to obtain such data, it was necessary to visit the regional office of the Pension Fund of Russia, stand in line, write an application and wait for an answer, but today it is enough to have access to the Internet. Through the portal for the provision of public services, you can go to your “personal account”, which electronically stores all the information regarding the pension points collected over your entire life (in any case, those about which the Pension Fund has information), about insurance payments paid, about places employment, etc. The system generates all this information based on data received from employers, so if there are inconsistencies, you should not wait for your pension to arrive - start “searching for clues” today.

Contact the employer whose information is not in the system. Within three days from the date of application, if, of course, you worked there officially, you are required to provide all information about your work activities, including the salary received, the amount of deductions, orders, length of service, etc. If such information is not available, witness statements, copies of employment contracts, extracts from the work record book, etc. will be suitable. By the way, everything that can prove your work activity. With this evidence, you should contact the Pension Fund for review of the data, and if you refuse to comply, contact the prosecutor’s office. Those whose pension is still ahead need to take care of protecting their pension rights in advance, therefore:

  • always keep employment contracts until you confirm that information about a specific job is available to the Pension Fund;
  • never throw away pay slips and other documents confirming the amount of your salary;
  • seek to obtain certificates confirming work in difficult, harmful or dangerous conditions, if such work took place;
  • check the accuracy of work record entries after dismissal - HR officers are required to enter all periods of work in production;
  • keep your colleagues’ contact information in case you need to confirm your experience.

And lastly, try not to accept a job without registration, since you allow your employer not only to save money on you - you are depriving yourself of a future pension.

These are lists of professions, positions, industries with harmful and difficult (list No. 2), especially harmful and especially difficult (list No. 1) working conditions. An employee, having completed the length of service established by law in such production, has the right to reduce the retirement age:

  • for 5 years according to list No. 2
  • for 10 years according to list No. 1

It would seem that everything is clear: you have completed your work experience and at the age of 55 you bring documents to the Pension Fund. However nuances when applying for a preferential pension there are a huge number. Based on them, the Pension Fund may not count the preferential (special) length of service into the length of service; accordingly, the employee no longer has the right to a preferential pension according to list 1 or 2. Moreover, cases of suspension of payment of a pension already assigned due to, as the pension fund clarifies, with newly discovered circumstances. In this case, the pensioner has to file an appeal to the court, and the pension is restored, only on the basis of a court decision. The most common reason for refusal by the Pension Fund is the inconsistency with the position, profession, specialty named in lists No. 1 and 2. In the overwhelming majority, the refusal to accept special experience for registration concerns the period of the nineties.

The impression is created that the Pension Fund branches have an intention to issue pensions on preferential terms as little as possible, thereby saving budget funds. This may be true: some will not go to court, and some will lose the trial. That's the savings. In addition, as mentioned above, even if the employee wins the case, his pension will still be assigned not on preferential terms, but by court decision. Apparently this is important for Pension Fund statistics.

More details about the length of service for granting a pension, its importance in determining the size of the pension and retirement age can be found in the book “Pension for smart people. How to get yours? lawyer and expert in this matter M. Medvedeva.

In the case of refusals to grant a preferential pension, I am not inclined to the version of a conspiracy against the “beneficiaries”. In my opinion, the reason is more prosaic. To analyze the situation, let's remember the early 90s. When enterprises closed, new forms of production were created, entrepreneurs and businessmen appeared. At that time, few people understood what normative acts to base the management of an enterprise on, since the Soviet Union no longer exists, it seems its norms do not apply, and there are no new norms yet. So everyone did their best. And at new enterprises they didn’t give a damn about all these lists, harmfulness, ETKS, etc. If you want to get money, work, if you don’t want it, goodbye. Therefore, in many cases there is no record at all that the employee worked in hazardous work. But most often, the Pension Fund’s refusal to accept special experience is due to incorrect, in their opinion, wording. Therefore, even if an employee worked honestly in hazardous work in the nineties, this does not mean that he will retire earlier than his peers.

One such example is the paramilitary mine rescue platoon of the Kolyma hydroelectric power station in the Magadan region. The Kolyma HPP is a unique structure, the main equipment of which is located in underground workings. During the construction process, hundreds of people were employed in underground work. This work continues today - after all, the equipment needs to be operated, reconstructed, repaired, carried out maintenance, etc. Therefore, without mine rescue services, the functioning of this structure is impossible.

During the period of active construction, mine rescue services were carried out by a militarized mine rescue unit, which was liquidated in 1990. Naturally, the enterprise immediately received an order from Gostekhnadzor about the need to organize mine rescue services, otherwise the operation of the hydroelectric power station would be impossible. Stopping the KHPP, which produces 95% of electricity in the Magadan region, would mean a disaster on a regional scale. Therefore, it was decided to organize a mine rescue platoon as part of the KHPP.

In accordance with the regulatory documents of the USSR of that time, employees of mine rescue units enjoyed benefits, including early retirement according to List 1, on the basis that their work was associated with particularly harmful and especially difficult working conditions: in an underground complex, in a polluted atmosphere , using self-contained breathing apparatus. And in general, it is difficult to imagine the work of a mine rescuer in isolation from particularly harmful and particularly difficult working conditions. Subsequently, after the Ministry of Emergency Situations was organized and the relevant regulations were issued, a gradual transition of mine rescue units to the Ministry of Emergency Situations began. By the way, it continues to this day. Employees of the Ministry of Emergency Situations are subject to other rules of pension legislation; we are not considering this issue here.

Now, after almost a quarter of a century has passed since the organization of the mine rescue service at the Kolyma HPP, the time has come to issue a preferential pension to employees of the paramilitary mine rescue association, whose main period of preferential service was in the nineties. However, at the Pension Fund branches they are refused. The reason is the discrepancy between the position in which the mine rescuer worked, named in list 1. Namely: the position of the rescuer at the KHPP is “respirator operator of the mine rescue platoon”, in list 1 - “respirator operator of the mine rescue unit”. The fact that further, in the same list, the structure of mine rescue units, which includes platoons, is indicated, including the fact that the creation of separate platoons is allowed, the Pension Fund of the Russian Federation, for some reason, does not concern. In addition, the working conditions for a platoon mine rescuer are no different from a unit mine rescuer - the job responsibilities are identical, the Combat Regulations are the same for everyone.

So mine rescuers have to go to court. It must be said that all the claims of VGSV employees are satisfied by the courts and the Pension Fund of the Russian Federation, based on the court decision, assigns a pension, but this situation has already frayed the nerves of many. And many are yet to come.

Having personal experience in litigation with the Pension Fund of the Russian Federation on the issue of preferential length of service, I advise you not to be afraid to file claims in court. In this particular case, the employee is right and this is confirmed by judicial practice. For my part, I am ready to help anyone with advice or documents.

The attitude of PFR specialists to their work deserves a separate discussion. In my particular case, it was obvious that they were not even trying to get to the bottom of the matter. In the decision to refuse to grant a pension, in references to the courts, sometimes ridiculous statements were made, reasons were given that could not be called anything other than “pulled out of thin air” or “far-fetched”. Pension Fund lawyers often operated with regulations that had nothing to do with the case under consideration and were in force outside the period under review; unsubstantiated speculation was cited as evidence.

To illustrate, I will give a couple of examples. One of the reasons why I was denied a preferential pension, which lawyers laid out in court (!), was that the Kolyma hydroelectric station has been producing electricity since the eighties, which means it is operational and mine rescue services are not needed there (!!!). Naturally, the court accepted my objections that the State Commission commissioned the KHPP in 2007, and, most importantly, that the need for mine rescue services is determined by regulatory authorities, in particular Gostekhnadzor. The Pension Fund of the Russian Federation probably cannot be classified as such a body. Otherwise, PFR lawyers will start asking questions of the order: “Why does your company need a welder, screw it on with wire and it will work!”

The second example is the provision on the preventive work of the VGSV KGES, on the basis of which the PFR lawyers considered that the VGSV employees are engaged only in preventive maintenance and there is no reason to assign them a preferential pension. However, not only was this regulation issued after I resigned from the VGSV, but, most importantly, it does not cancel any of the responsibilities of the mine rescue unit to save people and eliminate accidents, but, on the contrary, increases the amount of work with preventive measures that are carried out , for the most part, in an underground complex, i.e. in the same especially harmful and especially dangerous conditions.

Another thing I would like to draw attention to is the attitude of specialists and managers of KHPP and Kolymaenergo, which includes KHPP, towards their former employees, in particular when applying for a preferential pension according to list 1. For example, I was not provided with any help - not even advice, no documents, in a word - none. With the exception of the provision of some documents from the deputy chief engineer and director of the Kolyma Hydroelectric Power Station, as well as the platoon commander of the GSV KGES, and then only thanks to friendly relations. I think that it is unlikely that there will be any help from this side for former VGSV employees who are now trying to apply for a pension under List 1.

Moreover, this organization declares that work on list 1 has not been carried out at the Kolyma HPP since the year 2000. However, if this information is correct, then how should I treat the certificate available to the pension fund in my personal file, specifying the special nature of work with particularly harmful and especially dangerous working conditions during the period, including in 2000 and 2001- m year. This certificate was issued to me by the personnel department of the Kolyma Hydroelectric Power Plant upon dismissal. And what benefits in the pension plan do the mine rescuers of VGSV KHPP have now in this case? It turns out - none.

To all colleagues who intend to go to court to obtain a preferential pension, I am ready to provide assistance - with advice or documents. I post some of them here as an example.