Russian legislation allows teachers and other educational workers to retire early, only on the basis of 25 years of teaching experience.

In essence, this is the same as a work permit, only the employee whose work activity falls under certain conditions has the right to receive it.

Legislative framework and recent changes

Education workers have the opportunity to take legal retirement in old age much earlier than other categories of citizens.

This right is designated by current Russian legislation. For those who took out a pension before 2001, the basis was:

The employee’s total teaching experience is 25 years and age has nothing to do with this.

The first changes to regulatory documents relating to labor and pensions for teachers were adopted in 2001. Then, for the first time, accruals for length of service were abolished - they were replaced by preferential old-age pension payments. The state retained the teacher’s right to retire early.

In 2015, changes again affected education employees. The salary accrued to the teacher is not taken into account when calculating the entire pension salary. Like other categories of the country's population, teachers' pensions can be influenced by only pension funds– the more there are, the higher the age benefits.

In February 2016, amendments were made to the previously existing legislation, according to which 25 years of experience will include only those years that the teacher spent on his education, that is, the period of his studies in higher educational institutions of Russia. At the same time, pedagogical work should be carried out both before the start of studies and after its completion.

If long-service benefits are already paid, the person claiming the benefits is obliged to stop working, and in the future his right to educational work is lost. The principle of calculating pensions has not changed.

Categories of teaching staff

Oddly enough, not all categories of teaching staff may have the right to a preferential pension. The list of professions is prescribed in Law No. 173.

It includes the following categories of workers:

In addition to the list of professions, the law also provides list of educational institutions:

• schools and lyceums;
• gymnasiums with in-depth study of subjects;
• cadet corps;
• naval schools (Suvorov and Nakhimov);
• orphanages;
• boarding schools for children under age;
• sanatorium-type schools;
• kindergartens and nurseries;
• music and ballet schools;
• institutions of further education.

Thus, before you start applying for a preferential pension, you should pay attention to your place of work. By profession you may qualify as a recipient of benefits, but by the name of the institution you may not. Only a thorough check of the entries in the work book and their comparison with the legislative list can protect against such a situation.

Almost every year, amendments and changes are made to the Law, which is in force on a permanent basis. The names of institutions and positions are changed and supplemented, for example:

• the preferential category of educators includes all types of this position: school teacher, after-school teacher, kindergarten, nursery, boarding school, etc.;
• the position of a music worker may have the modern title of music teacher or music class leader;
• the name gymnasium also includes such names as school-lyceum and school-gymnasium;
• Since 2007, the boarding school for mentally retarded children also has a second name - Children's Psychoneurological Boarding Home.

Since 2001, not only teachers, but also teachers of additional education, which simultaneously have the following conditions:

• work experience as of 01/01/01 must be at least 16 years and 8 months. Moreover, all years of work must have been spent in the appropriate position and institution prescribed by law;
• the fact of work in the additional field of education must be confirmed in the period from 01.11.99 to 31.12.2000.

Exit conditions

A teaching worker will be able to apply for a preferential pension only if during his working life the conditions stipulated by law were met:

1. Firstly, work experience in the field of education should not be less than 25 years.
2. Secondly, all these years, the person had to work full time, and the employer had to pay insurance contributions to the Russian Pension Fund. Payment of insurance premiums applies to both periods of temporary working capacity.
3. Thirdly, for women, the length of service does not include more than one and a half years. But if teaching practice began before September 2000, all this will be included in the experience.

Norms of hours worked

Until September 1, 2000, when applying for a preferential pension, the working hours required by the standard were not taken into account.

Accounting for study load went after this date. According to labor legislation, an employee applying for a preferential old-age pension had to work 6 hours per week, 240 per year.

Those teachers who work in secondary vocational institutions must work 360 hours per year. However, this amount of workload does not apply to primary-level teachers and those who work in education and does not in any way affect the calculation of pensions.

Time periods taken into account when taking early retirement

One of the conditions for receiving a preferential pension is the total length of teaching experience. He must be at least 25 years old.

According to current legislation the length of service includes the following operating periods:

• activity time equated to a full working day and confirmed by insurance contributions;
• temporary unemployed period;
• time allotted for annual vacation;
• the time of study in educational institutions, if the teacher worked in the field of education before and after the training, and his position is prescribed in the Law of the Russian Federation.

Calculation procedure

The calculation of a teacher's preferential pension is based on the submitted certificate, which reflects the person's salary.

In recent years, calculations have been carried out based on the size of the savings part and the insurance part. This is due to the transition to a new pension system.

In each specific case, the pension is calculated individually, but payments cannot be less than 40% of the average teacher’s earnings.

Procedure for obtaining and list of required documents

In order to begin the procedure for obtaining a preferential pension, a teaching worker must visit regional branch of the Pension Fund of the Russian Federation either where he is registered, or where he actually lives, and submit the relevant documents in this case. Moreover, this can be done either by contacting the fund in person or by sending there a representative, whose status will be confirmed by a legally certified power of attorney. Recently, you can avoid visiting the organization at all, but use government services via the Internet on the portal of the same name.

In order for the issue of providing a pension on preferential terms to be resolved, the future pensioner is obliged to provide to the Pension Fund next package of documents:

• Russian passport proving identity;
• work book of a teaching worker, which reflects records in accordance with the legislation in force in the country;
• military ID (for men applying for a pension, the document is mandatory);
• child birth registration certificate;
• application for early benefits in the form of pension payments.

This package is standard for all territorial districts of Russia. However, you must be prepared for the fact that Fund employees may ask you to provide documents and certificates clarifying the nature of your work activity.

The submitted application and the attached package of documents, on the basis of current legislation, are considered within 10 days.

So, every teacher or additional education worker has the opportunity to retire much earlier if he meets the conditions prescribed by law. For most, the right given by the state is important. Most often, teachers retire on a preferential pension at the age of 40-45, but not all of them are ready to quit their favorite job.

Frequently Asked Questions

Women teachers are often concerned with the question: Is maternity leave and parental leave included in teaching experience?, which is necessary to determine the period of teaching activity.

For this case, there is paragraph 21 of the Explanations of the Ministry of Labor of the Russian Federation dated May 22, 1996 “On the procedure for applying the Lists of production, work, professions, positions and indicators given in accordance with Articles 12, 78 and 78.1 of the Law of the RSFSR “On State Pensions in the RSFSR” the right to an old-age pension in connection with special working conditions and to a pension for long service”, approved by Resolution of the Ministry of Labor of the Russian Federation of May 22, 1996 (ed.) No. 29, according to which a special length of service giving the right to a pension due to special working conditions, the period during which women are on maternity leave is included, if this leave took place until October 06, 1992 , i.e. before the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543-1 “On introducing amendments and additions to the Labor Code of the Russian Federation.” The period a woman spends on such leave after 06.10.1992 is no longer included in teaching experience.

In addition, according to the Explanation of the Plenum of the Supreme Court of the Russian Federation dated 15.20.2005 No. 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions” when resolving disputes that arose in connection with the non-inclusion of women in the work experience work in the specialty during the period of being on maternity leave with the early assignment of an old-age pension, it is established that if the specified period took place before 06.10.1992, then it is subject to inclusion in the work experience in the specialty, regardless of the time the woman applied for a pension and the time of occurrence rights to early assignment of an old-age pension.

The second question that concerns citizens is whether the period of study in educational institutions of higher and secondary education is included in the length of teaching experience. In this matter, too, everything is not so clear.

There is a Regulation on the procedure for calculating length of service for assigning pensions for length of service to education and healthcare workers, approved by Resolution of the Council of Ministers of the USSR of December 17, 1959 No. 1397. According to paragraph 2 of the said Regulation, the length of service of teachers and other educators time spent studying in pedagogical educational institutions and universities is included in special work experience , giving the right to a pension in connection with special working conditions, if it was immediately preceded and immediately followed by teaching activity. This resolution has not been applied on the territory of the Russian Federation since October 1, 1993 due to the adoption of the same RF Law No. 3543-1 on September 25, 1992; subsequently, this procedure for calculating length of service was abolished. From October 1, 1993, the period of study is not included in teaching experience.

Male teachers are concerned about the question of Will military service be included in the preferential length of service?, and here the answer is as follows. Until 1991, the Regulations on the procedure for calculating length of service for assigning long-service pensions to education and health workers were in force, approved by Resolution of the Council of Ministers of the USSR of December 17, 1959 No. 1397, paragraph 1 of which provided that teachers, doctors and other education and health workers have work in the specialty, except for work in institutions, organizations and positions in which work gives the right to a pension for long service, service in the Armed Forces of the USSR is counted. This rule has not been applied since the beginning of 1991.

What is the order in 2019?

In connection with the large-scale pension reform in the country, starting from 2019, the requirements for the length of service of teaching staff will not change, but after the end of the transition period (2019-2023), a teacher will be able to become a pensioner only 5 years after completing 25 years of experience.

The new condition will be introduced gradually. If a teaching employee has completed 25 years of service in 2019, then the right to a preferential pension is postponed until 6 months from the date when the experience became exactly 25 years. In 2020, the right to a pension will be delayed by 18 months in 2021 on 3 years, in 2022 - to 4 years and is postponed starting from 2023 for 5 years.

For example, on May 20, 2019, a school teacher turns exactly 25 years old since his teaching career began; the right to a pension arises only on November 20, 2019 (+6 months).

Another example, a kindergarten teacher reaches 25 years of teaching experience on January 10, 2020, and therefore the right to a preferential pension arises on July 10, 2021 (+18 months).

Some features of calculating a preferential pension for teachers are described in the following video:

According to the Law “On Labor Pensions in the Russian Federation,” teaching experience (at least twenty-five years) gives the right to receive a preferential pension. The procedure for calculating such length of service is carried out in accordance with the Rules for calculating periods of work, which give the right to assign a pension early, which are approved by the Decree of the Government of the Russian Federation. Pedagogical activity includes work in certain positions in those institutions, the list of which is approved at the legislative level. The exception is the period of work in leadership positions in institutions that are classified as educational.

Hello. Please tell me if it will be included in teaching experience time to care for a child up to 1 year old?

Lawyer's answer:

Romashkina Irina Sergeevna(07/09/2014 at 15:11:52)

GOOD AFTERNOON!

Yes, it will come in.

Based on the FEDERAL LAW ON LABOR PENSIONS IN THE RUSSIAN FEDERATION N 173-FZ

Article 11. Other periods counted in the insurance period.

Part 1. The insurance period, along with periods of work and (or) other activities provided for in Article 10 of this Federal Law, includes:

P. 3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total;

Anonymous

I work as a teacher in a preschool educational institution. From 2008 to 2012 - Experience obtained in the Republic of Kazakhstan (Citizen of R, K). From 2012 to 2014, the teacher’s experience at Doe was already in Russia (CITIZATION OF THE RF). Does it count? teaching experience since 2008 or is work experience in another republic not counted? Thank you

Lawyer's answer:

Vasily M (07/03/2014 at 10:39:02)

Hello, …

The regulatory legal acts in force on the territory of the Russian Federation provide for many types of experience, on the availability of which a citizen depends on the provision of certain measures of social support, benefits, guarantees and compensation. All working citizens without exception have some types of experience (for example, experience that gives the right to leave), and there are very specific types of experience (for example, experience of continuous work with chemical weapons).

Each type of length of service is taken into account for specific purposes and is calculated according to its own rules.

Specifically regarding your question, I can say that, according to Art. 4 of the Agreement on cooperation in the field of labor migration and social protection of migrant workers (Moscow, April 15, 1994) it is established that -

“...Each of the Parties recognizes (without legalization) diplomas, certificates of education, relevant documents on the assignment of title, category, qualifications and other documents necessary for carrying out work activities and their translation certified in the manner established in the territory of the Party of departure into the state language of the Party of employment or Russian language.

Work experience, including experience on preferential terms and in the specialty, is mutually recognized by the Parties.

Upon the final departure of a migrant worker from the Party of Employment, the employer (tenant) issues him a certificate or other document containing information about the duration of work and monthly wages...”

Based on the above, your employment teaching experience a teacher in the Republic of Kazakhstan is counted...

I wish you good luck, I hope I was able to help you...

More answers from lawyers on this issue

Anonymous

Hello. I work as a primary school teacher in a village school. This year they are recruiting 1st grade, and it turned out that my hourly load will be 17 hours and, since there is no rate, this year is not included in teaching experience. Leading a circle (1 hour) does not count. Is this true? Thank you.

Lawyer's answer:

Belyakov Anatoly Anatolievich(06/24/2014 at 18:28:18)

Article 27. Retention of the right to early assignment of a labor pension
1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following persons:

19) persons who have carried out teaching activities in institutions for children for at least 25 years, regardless of their age;

However, you need to take a certificate from work that you were engaged in teaching activities during the entire working day.

In the event of a dispute with the Pension Fund of Russia, this certificate will be evidence when the case is resolved in court.

More answers from lawyers on this issue

Good afternoon Is military service included in the preferential teaching experience? Entry in the work book: 06/24/1985 - 05/14/1987. Service in the ranks of the Soviet Army.

Lawyer's answer:

Belyakov Anatoly Anatolievich(06/24/2014 at 12:28:03)

Appeal ruling of the Investigative Committee for civil cases of the Moscow Regional Court dated March 14, 2013 in case No. 33-5893/2013. Resolution of the Government of the Russian Federation No. 781 dated October 29, 2002 approved the List of positions and institutions, work in which is counted towards the length of service giving the right for the early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, as well as the Rules for calculating periods of work that give the right to the early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, which do not provide for the possibility of crediting special experience of teaching staff during periods of conscription military service, including in preferential terms.
According to paragraph one of paragraph 3 of Article 10 of the Federal Law “On the Status of Military Personnel,” the time citizens spend in military service under a contract is counted in their total length of service, is included in the civil service experience of a civil servant and in the length of service in their specialty at the rate of one day of military service per one day of work, and the time citizens are in military service upon conscription (including officers called up for military service in accordance with the decree of the President of the Russian Federation) - one day of military service for two days of work.
From the analysis of the above rule of law it follows that, on a preferential basis, as one day of military service for two days of work, the time spent by citizens in military service upon conscription is counted when calculating the total length of service, the length of civil service of a civil servant, and not special teaching experience when establishing an early retirement pension.

More answers from lawyers on this issue

Anonymous

Hello. I am moving to another place of residence. I am offered a job at the Youth and Youth Center and part-time at a school to travel with the children. My experience is 23 years, 2-3 years of service left. Will this work be included in the preferential benefit? teaching experience or not? Thanks in advance.

Lawyer's answer:

Belyakov Anatoly Anatolievich(06/19/2014 at 13:38:11)

In order to answer your question, it is necessary to clarify whether work at the Youth and Youth Center is a teaching activity, for which you should contact the Pension Fund.

More answers from lawyers on this issue

Certification of teachers has become a systemic procedure: according to the law, it must be carried out regularly and without fail for all employees of institutions that are engaged in teaching activities. This procedure has a regulated procedure.

In the past, those teachers who wanted to receive a high salary could apply for higher categories themselves. Ministries, district education departments and the board of preschool educational institutions awarded titles.

Issues of calculating length of service and earnings for the purpose of pensions

Experience and earnings are the two parameters that most influence the size of your pension. Therefore, questions regarding their calculation are relevant not only for pensioners, but also for people of working age who are thinking about their future, employers, since their responsibilities include issues of registration and submission of documents for the assignment of a pension.

Any documented work provided for the purpose of granting a pension is counted towards the length of service provided that other conditions stipulated by law are met.

How to calculate the length of service of teaching staff

Since the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543-1, parental leave is not included in the special work experience in the case of a pension on preferential terms. However, according to paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30, if maternity leave was granted to a woman before October 6, 1992, then it is counted toward the length of service in the specialty.

An English teacher was hired as a transfer to a secondary school

. From the work book it follows that 22 days passed after dismissal and before hiring. The personnel officer believes that the teacher’s teaching experience was interrupted. How valid is the HR employee’s statement? What will this fact affect? Will this be reflected when the employee retires?

Answer: The HR employee’s statement is erroneous.

Calculation of preferential pensions for teachers, educators and employees of pedagogical institutions

In order to know the procedure for correctly resolving issues related to preferential legislation, it is necessary to know not only the legal basis, but also the technical one. In other words, it is necessary not only to know the regulations governing the procedure for calculating benefits, but also knowledge of production technology, existing rules for charging employees, etc. How is the preferential pension for teachers calculated?

Today, preferential provision of pensions is regulated by the Federal Law “On State Pensions in the Russian Federation”.

Continuous work experience of teaching staff

-*new or unlisted*-, Work experience. Abstract. 1.1 General work experience 1.2 Special work experience 1.3 Continuous work experience 1.4 Insurance experience 2. The procedure for calculating work experience 2.1 General.

continuous work experience is calculated based on actual duration. with the exception of special rules for calculating total length of service and length of service.

About labor law

The legal norm linking the size of the “northern” percentage increase in wages not with length of service in the Far North, but with the reason for dismissal, contradicts the Labor Code of the Russian Federation

On this basis, the Supreme Court of the Russian Federation declared invalid since December 23, 2004, subparagraph “e” of paragraph 27 of the Instructions on the procedure for providing social guarantees and compensation to persons working in the regions of the Far North and in areas equated to regions of the Far North, in accordance with current regulations , approved by Order of the Ministry of Labor of the RSFSR dated 22.

Please tell me how teaching experience is accrued if it was interrupted due to layoffs

“On approval of the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year”

According to clause 6 of the Regulations, the length of continuous teaching work is not considered interrupted when an employee moves in the prescribed manner from one educational institution to another (provided that the break in work does not exceed one month).

Continuous teaching experience is maintained if...? Why continuous teaching experience? Based on continuous teaching experience The size of the payment of monetary incentives is determined, which can be perceived as a motivating factor in the work process.

Maintaining teaching experience

Continuous teaching experience is maintained if:

1. When changing jobs, work not exceeding one month
2. Following the scheme of the history of teaching activity: teaching activity, work in educational authorities - reduction/liquidation of management bodies/reorganization - search for a new job (not exceeding 3 months) - restoration of teaching activity. Explanation: on the condition that before working in educational authorities, teaching activities were carried out, and as a result of a change of job not on the initiative of the activist, continuous teaching experience is maintained upon employment as a teacher for 3 months.
3. If the break between a teacher’s finding a new job did not exceed three months due to dismissal associated with the liquidation of an educational institution or staff reduction
4. For any period of time, if dismissal on personal initiative from a teaching job was associated with the transfer of a spouse’s work to another location
5. Subject to following the scheme: beginning of teaching activity - studying at a higher/secondary pedagogical educational institution - continuation of teaching activity (getting a job within 3 months)
6. The period of time was no more than two months between getting a job as a teacher and completing work in the specialty abroad in Russian educational institutions
7. Within three months after restoration of working capacity in case of dismissal due to disability
8. For health reasons, teaching work was stopped, but to restore work in the specialty, the break did not exceed three months
9. When reinstated to work as a teacher after dismissal due to retirement age
10. The conditions for maintaining seniority were not violated when returning to teaching within the established period of three months after termination of military service or equivalent service. The scheme is as follows: the process of teaching - military service - dismissal from service - return to teaching within three months.

For persons working in areas equated to the regions of the Far North, the condition for maintaining continuous teaching experience is maintained if:

• The period of time after the end of the employment contract, respectively, dismissal and placement in a new teaching job did not exceed two months

In this article you learned that in what cases continuous teaching experience is maintained. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

Preferential length of service for teaching staff gives the right to early retirement to those employees of the education system who work with children. Legislation in this area has changed several times over the years, leading to numerous cases of confusion in the calculation of length of service, some of which can only be resolved through legal proceedings.

What is a teacher's long-service pension?

Like other employees working under special working conditions, teachers have the right to receive a number of government benefits. One of these benefits is teacher long service pension. This pension scheme is a state-guaranteed opportunity for teachers to retire earlier than is provided for by general pension legislation.

To be able to retire earlier than the majority of working Russians, teaching staff should accumulate special work experience (length of service), which cannot be less than 25 years. It is after this period that the teacher can submit documents to the Pension Fund of the Russian Federation to assign him a long-service pension.

Important! The concept of “special teaching experience” should be separated from the concept of “general teaching experience of an employee.” These two types of length of service are calculated differently, and the procedure for calculating special length of service is used for assignment.

Features of calculating special teaching experience

The pension scheme for calculating length of service, which is in force for employees from among the teaching staff, is quite simple, but practice shows that when teachers apply for benefits, difficulties often arise related to the calculation of special length of service.

The procedure for calculating length of service for obtaining teacher long service pension is regulated by a number of regulatory legal acts (NLAs) that have been in force in various recent periods:

• until 01/01/1992 - Resolution of the Council of Ministers of the USSR of December 17, 1959 No. 1397;
• from 01.01.1992 to 31.10.1999 - Resolution of the Council of Ministers of the RSFSR No. 463;
• from 01.11.1999 to 31.12.2001 - Decree of the Government of the Russian Federation No. 1067;
• from December 31, 2001 to the present moment - Decree of the Government of the Russian Federation No. 781.

It is legislatively established that the procedure for calculating length of service is regulated by the legal acts that were in force during the period of obtaining the length of service. Therefore, when submitting an application to the Pension Fund of the Russian Federation, the best advice would be to study all the documents that were in force during the period of teaching activity, as well as the decisions of the Constitutional Court of the Russian Federation, explaining complex aspects of the legislation.

In general, teaching experience includes the following periods:

• teaching activities in positions and institutions listed in the relevant legal acts;
• paid annual leave;
• temporary disability (including maternity leave).

However, the legal regulations used do not agree with each other on everything. For example, Resolution No. 1397 allowed the length of service to be included in the length of service in the armed forces, as well as training in educational institutions and further off-the-job training. These periods were included in the special length of service provided that the citizen, after training or serving in the army, immediately began professional activities.

Leave to care for a child up to 1.5 years is included in the special experience of a teacher only if it was granted before 10/06/1992. And there are many such nuances in determining the special teaching experience that gives the right to early retirement.

When will the court help?

There are situations that only the court can resolve. Their decision is not described in the current regulatory documents, and Pension Fund employees are not inclined to interpret these situations in favor of the citizen.

Frequent issues that are resolved in court are questions of the identity of the positions indicated in the work book of a citizen applying for a preferential pension with the names in the legal acts. The basis for a formal refusal to grant a pension may also be a discrepancy between the name of the institution in which the teacher worked and the name indicated in the list of institutions.

Most likely, you will have to fight if the teacher’s work took place in institutions with joint education of children and adults (over 18 years of age), since preferential length of service is calculated only when carrying out teaching activities in children's educational institutions. The inclusion of these periods of work in teaching experience is possible if the list of students consisted of at least 50% of persons under 18 years of age.

All other features of calculating the length of service of teaching staff are scrupulously described in the regulatory documents governing the calculation of special teaching experience.