Solution from 09 February 2015

In case No. 2-294/2015

Accepted Yeletsk city court (Lipetsk region)

1. Information on case No. 2-294/2015 ~ M-62/2015
2. Case No.***
3. SOLUTION
4. In the name of the Russian Federation
5. February 09, 2015 Yelets
6. Yeletsk City Court of the Lipetsk Region, consisting of
7. presiding judge: Goltyaeva R.V.
8. under the secretary: Stepanova O.V.,
9. with the participation of: plaintiff Sokolova G.E.,
10. representative of the defendant Shishkin A.V.,
11. having considered in open court in the city of Yelets civil case No. *** on the claim of Sokolova, FULL NAME6, against the State Administration of the Pension Fund of the Russian Federation in the city of Yelets for recognition of the right to an early retirement pension,

12. Installed:

13. Sokolova G.E. filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in Yelets for recognition of the right to an early retirement pension in old age, indicating that by decision of the UPFR commission in Yelets dated DD.MM.YYYY No. *** she was denied early assignment of old-age labor pension in connection with teaching activities. The commission motivated its refusal by the fact that the period of work in the position of a classroom teacher in ............. from DD.MM.YYYY to DD.MM.YYYY cannot be counted as special experience , since the specified position is not provided for by the list of positions approved by Decree of the Government of the Russian Federation No. 781 dated October 29, 2002, and the list of positions approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463. Also, this period is not included in the individual information of the insured person coded with preferential length of service. In addition, the plaintiff’s special work experience did not include the period of study at a pedagogical institute with DD.MM.YYYY. by DD.MM.YYYY. The plaintiff does not agree with this decision of the commission, since while working as a classroom teacher, she was engaged in pedagogical activities with children in their education and upbringing and had a teaching load. Based on the above, she asked to include the above periods in the length of service giving the right to early pension provision and to recognize her right to early assignment of an old-age labor pension in connection with the implementation of teaching activities with DD.MM.YYYY.
14. At the court hearing, plaintiff Sokolova G.E. supported the stated claims in full on the grounds specified in the claim, clarifying that she was asking the court to recognize her right to an early retirement pension in old age, including in the length of service giving the right to early retirement the period of work as a classroom teacher in.... ......... from DD.MM.YYYY year to DD.MM.YYYY.
15. The representative of the defendant State Administration of the Pension Fund of the Russian Federation in Yelets Shishkin A.V., acting on the basis of a power of attorney, at the court hearing the claims of Sokolova G.E. did not admit and explained that the commission for considering the implementation of pension rights of citizens of the UPFR in the city of Yelets considered the issue of appointing G.E. Sokolova. early labor old-age pension in accordance with paragraphs. 19 clause 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” No. 173-F3 dated December 17, 2001 and decided to leave the application without satisfaction. During the special period of teaching activity, Sokolova G.E. the following periods are not counted: the period of study at ............. pedagogical institute from DD.MM.YYYY to DD.MM.YYYY due to the fact that the List and Rules approved by the Decree of the Government of the Russian Federation dated 10.29.2002 No. 781 (teachers), do not provide for the inclusion of time spent studying at a pedagogical institute in the teaching experience. The period of work of the plaintiff as a classroom teacher in ............. from DD.MM.YYYY to DD.MM.YYYY. also cannot be included in the special work experience, as it does not correspond to the List. It should be noted that the period of work after registration as an insured person is established on the basis of information from individual personalized records. An extract from the individual personal account of the insured person in the state pension insurance system is accepted as a document confirming this information. The period of work after registration as an insured person, according to individual information from DD.MM.YYYY to DD.MM.YYYY, is not coded by the employer with preferential length of service as teaching activity at 1.0 rate. Thus, work experience in the specialty as of the date of application is DD.MM.YYYY) Sokolova G.E. is 23 years 7 months 1 day. This duration of teaching activity does not give the right to an early retirement pension in accordance with Article 27.1.19 of the Federal Law “On Labor Pensions in the Russian Federation” No. 173-F3 dated December 17, 2001. He asked to dismiss the claim.
16. After listening to the explanations of the parties and examining the written evidence available in the case materials, the court finds the claims of Sokolova G.E. justified and subject to satisfaction in full.
17. In this case, the court proceeds from the following.
18. Early labor old-age pensions, in accordance with the principles of pension provision, are assigned to persons who have performed work for a long time, the nature and working conditions of which are associated with increased complexity and leading to loss of ability to work before reaching the generally established retirement age, i.e. in relation to labor pensions in old age, they are preferential.
19. In accordance with Art. 39 of the Constitution of the Russian Federation, everyone is guaranteed social security by age in case of illness and other cases provided for by law.
20. By virtue of subclause 19 of clause 1 of Art. 27 of the Federal Law “On Labor Pensions” No. 173-FZ of December 17, 2002, early labor old-age pension is assigned before reaching the age established by Art. 7 of the said Federal Law, to persons who have been engaged in teaching activities in state and municipal institutions for children for at least 25 years, regardless of age.
21. A pension is assigned only if there is full service, since the assignment of a pension for incomplete service is not provided for by law. The length of service is calculated on a calendar basis.
22. Paragraph 2 of this article provides that the Lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and the appointment of the specified pensions, if necessary, are approved by the Government of the Russian Federation.
23. Since teaching activities in terms of complexity, intensity, psycho-emotional and other stress leading to loss of professional suitability, as well as the nature of working conditions and remuneration vary depending on the position held, early retirement pension cannot be provided to all teaching staff on equal terms .
24. From the meaning and content of this article it follows that the right to an early retirement pension arises for a person if he has carried out teaching activities for at least 25 years in a position (specialty) and in an institution (organization) that are indicated in the Lists of relevant jobs, professions and positions , specialties and institutions (organizations) approved by decree of the Government of the Russian Federation.
25. Decree of the Government of the Russian Federation dated October 29, 2002 No. 781 (came into force on November 12, 2002) approved Lists of positions and institutions, work in which is counted towards length of service, giving the right to early assignment of an old-age pension to persons engaged in teaching activities in state and municipal institutions for children, and Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with paragraphs. 19 clause 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation”. This is a single regulatory document for the exercise of rights to the early assignment of a labor pension, which is applied throughout the Russian Federation for the entire period of teaching activity. At the same time, when calculating length of service in the part not regulated by the above resolution, the Rules for calculating periods of work that give the right to early assignment of a labor pension in accordance with Art. 27 and 28 Federal Law No. 173-F6, approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (came into force on July 23, 2002).
26. When calculating the duration of the insurance period and (or) experience in the relevant types of work for the period before 01/01/2002 in accordance with the provisions of the Resolution of the Constitutional Court of the Russian Federation dated 01/29/2004 No. 2-P, the rules and regulations that were in force before the introduction of effect of the new regulation, i.e. rules and regulations of the Law of the Russian Federation No. 340-1 and other regulations, in accordance with which the total length of service and special work experience were calculated until 01/01/2002. Periods of work after 01/11/1999 when assigning early labor old-age pensions are estimated at in accordance with the List of positions in which work is counted as length of service giving the right to a pension in connection with teaching activities, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067 (as amended by Decree of the Government of the Russian Federation of February 1, 2001 No. 79). In accordance with paragraph 3 of this resolution, the Rules approved by this resolution, at the request of a citizen, can be applied when calculating length of service for periods of work before November 1, 1999, i.e. subject to the fulfillment of working time standards (teaching and educational load).
27. In accordance with clause 3 of the Decree of the Government of the Russian Federation dated September 22, 1999, when deciding on the appointment of long-service pensions to persons whose labor activity took place before the entry into force of this resolution, one should be guided by the List of professions and positions of public education workers, teaching activities which in schools and other institutions for children gives the right to a pension for length of service, approved. Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463, and for legal relations that arose before the entry into force of the said resolution - the Regulations on the procedure for calculating length of service for assigning pensions for length of service to education and healthcare workers, approved by the resolution of the USSR Council of Ministers dated December 17, 1959. No. 1397.
28. As can be seen from the case materials, the disputed period of the plaintiff’s work took place during the period of validity of the above resolution.
29. The main document confirming the special work experience for the period before registration as an insured person is the work book.
30. From the plaintiff’s work record book it follows that DD.MM.YYYY she was hired as a teacher of Russian language and literature............. school............. district.. .......... areas for internship; DD.MM.YYYY was relieved of her position due to the end of her teaching practice; DD.MM.YYYY hired as a primary school teacher in ............. school ............. district.......... ... areas; DD.MM.YYYY was relieved of her position due to the end of her teaching practice; DD.MM.YYYY accepted as a primary school teacher in ............. school ............. district............ .regions; DD.MM.YYYY was relieved of her position at her own request; DD.MM.YYYY accepted as a primary school teacher at NS.............; DD.MM.YYYY dismissed as a transfer to the Municipal Educational Institution.............; DD.MM.YYYY was accepted as a teacher of an extended day group for the 11th category of ETS at the Municipal Educational Institution ............. DD.MM.YYYY was transferred as a primary school teacher to temporary work for the period of maternity leave of the main employee; DD.MM.YYYY transferred to the position of classroom teacher; DD.MM.YYYY transferred to the position of primary school teacher; continues to work in this position to the present day.
31. At the court hearing it was established that by the decision of the UPFR in Yelets No. *** dated DD.MM.YYYY. The plaintiff was denied an early retirement pension in accordance with paragraphs. 19 clause 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” No. 173-F3 dated December 17, 2001 due to the absence of the required special experience of 25 years on the date of application DD.MM.YYYY. During the special work experience of Sokolova G.E. The period of work as a classroom teacher was not included................. from DD.MM.YYYY to DD.MM.YYYY
32. The court cannot take into account the defendant’s argument that the specified period cannot be counted as special experience, since the position of a classroom teacher is not provided for in the above List of Positions.
33. When analyzing the job descriptions of a teacher, a general education teacher and a classroom teacher, the court comes to the conclusion that the functional responsibilities in the mentioned positions inherently have a lot in common, namely: direct work with children; the differences consist only in specifying the responsibilities of each individual position.
34. The main activities of the classroom teacher are:
35. - studying the student’s personality, his inclinations and interests in order to assist in self-development and self-determination;
36. providing students with pedagogical support in searching and acquiring
37. values ​​and meaning of life, revealing and preserving the originality and uniqueness of each student in the class;
38. formation of a nurturing environment in the classroom;
39. organization in the classroom of all types of individual, group and collective activities;
40. active promotion of a healthy lifestyle;
41. ensuring cooperation of students in the classroom, their parents with subject teachers, educational psychologists, and additional education teachers.
42. By virtue of Order of the Ministry of Health and Social Development of the Russian Federation No. 440 of 07/05/2005 “On establishing the identity of individual job titles”, the identity of the positions of teaching staff has been established, including: “GPD teacher”, “school group teacher”, “correctional group teacher” “etc., etc. for the position “educator”, provided for by the List of positions and institutions, work in which is counted in the length of service, giving the right to early assignment of an old-age pension to persons who carried out teaching activities in state and municipal institutions for children, since the work of a classroom teacher is similar in its job responsibilities and areas of work to the positions listed above.
43. According to the letter of the Ministry of Education of the Russian Federation and the Trade Union of Public Education and Science Workers of the Russian Federation dated December 3, 2002, the list of institutions, organizations and positions in which the time of work is counted in the teaching experience of educators also includes the position of “class teacher”.
44. In the Appendix to the Decree of the Government of the Russian Federation of April 3, 2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff of educational institutions”
45. it is stated that the length of working time (standard hours of teaching work per wage rate) for teaching staff of educational institutions is established on the basis of a reduced working time of no more than 36 hours per week.
46. The length of working time for teaching staff in educational institutions is established depending on their position and (or) specialty, taking into account the characteristics of their work. Thus, senior teachers of educational institutions (except for preschool educational institutions and educational institutions for additional education of children) - 30 hours per week.
47. According to the Letter of the Ministry of Education of the Russian Federation dated April 17, 2003 No. 20-51-1244/20-5, the Ministry of Education of the Russian Federation sent for guidance in the work Resolution of the Government of the Russian Federation dated April 3, 2003 No. 191 “On the duration of working hours (standard teaching hours work for a wage rate) for teaching staff of educational institutions.”
48. In connection with this resolution of the Government of the Russian Federation, it was recommended to provide for the position of “senior educator” in the staffing schedules of educational institutions instead of the position of “classroom teacher”.
49. At the court hearing, it was established that the renaming of the position of “teacher” to the position of “class teacher” at the school......was carried out on the basis of an order from the Department of Public Education of the Administration......... .... No. *** from DD.MM.YYYY “On conducting an experiment under the “Exempt Class Teacher” program.” At the same time, at the legislative level, no changes were made to the title of the position “educator”.
50. Thus, taking into account the mentioned departmental regulations, the court finds that there is a violation of the plaintiff’s rights associated with the arbitrary indication of her position in the staffing table of the educational institution and, accordingly, in her work book.
51. According to the court, the absence of the title “classroom teacher” in the List of institutions in which work is counted as length of service giving the right to an early retirement pension in connection with teaching activities cannot serve as a basis for a violation of the plaintiff’s rights.
52. The fact that the employer did not code the plaintiff’s period of work as a classroom teacher at the Municipal Educational Institution............ as preferential length of service also cannot serve as a basis for refusing to grant the plaintiff an early retirement pension due to with teaching activities.
53. During the court hearing, it was reliably established that during the disputed period of time, plaintiff Sokolova G.E. worked directly with children, carried out pedagogical activities on an equal basis with other educators, and with DD.MM.YYYY the norms of working time (teaching or educational load) established for the wage rate were met.
54. Having analyzed the materials of this case, the court comes to the conclusion that it is necessary to count the period of work from DD.MM.YYYY into the special length of service of G.E. Sokolova, which gives the right to an early retirement pension. according to DD.MM.YYYY as a classroom teacher at the Municipal Educational Institution.............
55. Thus, taking into account the period of work of Sokolova G.E. counted by the court, on the day of her appeal to the UPFR in Yelets regarding the appointment of an early retirement pension in old age DD.MM.YYYY.) her length of service giving the right to this pension, amounted to the required 25 years.
56. Article 19 of the Federal Law “On Labor Pensions in the Russian Federation” establishes the deadlines for assigning a labor pension. By virtue of this article, a labor pension (part of a labor pension) is assigned from the date of application for the specified pension (for the specified part of a labor pension), except for the cases provided for in paragraph 4 of this article, but in all cases not earlier than from the date the right to the specified pension arises (the specified part of the labor pension).
57. Having assessed all the evidence received in the case in the aggregate and each individually, taking into account the specific circumstances of the case, the court considers that for Sokolova G.E. it is necessary to recognize the right to an early retirement pension in connection with teaching activities from the moment of applying for it, i.e. from DD.MM.YYYY (the day of submitting the application to the UPFR in Yelets).
58. Based on the above, guided by art. Art. 194-198 Code of Civil Procedure of the Russian Federation, court

A comment
to certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30
“On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions”
(consideration of cases related to the early assignment of an old-age labor pension in connection with teaching activities in institutions for children)

On December 11, 2012, the Plenum of the Supreme Court of the Russian Federation adopted resolution No. 30 “On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions” (officially published in Rossiyskaya Gazeta No. 295 of December 21, 2012 and in the Bulletin of the Supreme Court of the Russian Federation "No. 2, February 2013).
In this regard, the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 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” was declared invalid.
The role of the clarifications of the Plenum of the Supreme Court of the Russian Federation in ensuring the unity of judicial practice and the protection of human rights is very important, since legislation is significantly changing and becoming more complex, its scope is expanding, and therefore new, increasingly complex issues arise in judicial practice that require proper resolution.
We consider it important to pay attention to certain provisions of this resolution and comment on them.
Thus, in paragraph 13 of the resolution of the Plenum of the Supreme Court of the Russian Federation it is explained that the old-age labor pension before reaching the age established by Article 7 of Federal Law No. 173-FZ (men - 60 years old, women - 55 years old) is assigned on the grounds provided for in Articles 27, 27.1 and 28 of this law.
In accordance with Articles 27 and 27.1 of this law, the basis for the early assignment of an old-age labor pension to persons entitled to such a pension is work of a certain duration in dangerous, harmful, difficult and other unfavorable working conditions. Early assignment of an old-age labor pension on the grounds provided for in Article 28 of this law is associated with circumstances recognized by the legislator as socially important or socially respectful.
Considering that the right of persons who have carried out teaching activities in institutions for children for at least 25 years is provided for in subparagraph 19 of paragraph 1 of Art. 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, guided by the above explanations of the Supreme Court of the Russian Federation, we can make an unambiguous conclusion that the right to early assignment of a pension in this case is associated with work in unfavorable conditions working conditions.
It is obvious that such clarifications were given by the Plenum of the Supreme Court based on the results of an analysis of judicial practice, including taking into account the positions set forth in the decisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.
As the Constitutional Court has repeatedly indicated in its rulings, in the current pension system, the establishment for persons who carried out teaching activities in institutions for children, preferential conditions for acquiring the right to an old-age labor pension (as well as providing them with a pension for long service, provided for in the previously effective pension legislation) is aimed mainly at protecting against the risk of loss of professional ability to work before reaching the generally established retirement age. Therefore, the right to early assignment of an old-age labor pension is not associated with any work in educational institutions, but only with that work, the implementation of which is associated with increased psychophysiological stress due to the nature of professional activity, namely activities related to raising children (teaching activity).
Not all teaching staff have the right to early old-age pensions. Based on an analysis of objective data (assessment of the nature of work in a particular position and its conditions, the type and profile of the relevant institution), the Government of the Russian Federation, in pursuance of the powers vested in it by the legislator, excluded certain positions from the category of positions in which work is counted as seniority for early assignment of a labor pension in connection with teaching activities in institutions for children.
It should be noted that repeatedly in meetings of the Supreme Court of the Russian Federation in cases of appealing regulatory legal acts regulating issues of early pension provision, representatives of the Government of the Russian Federation substantiated their arguments that the right to early assignment of an old-age labor pension is not associated with any work in educational institutions , but only with those, the implementation of which is associated with increased psychophysiological stress due to the nature of a certain professional activity, namely activities related to raising children (pedagogical activity).
All of the above indicates that the work of a teaching worker has its own characteristics, which may affect the state of his health, and that is why the Government of the Russian Federation, in connection with the establishment of objective criteria for assessing the nature of work, in a particular position and its conditions, depending on the type and the profile of the relevant institution approved the List of positions and institutions in which work gives the right to early assignment of a labor pension in connection with teaching activities in institutions for children.
Paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation specifies the regulations currently applied when calculating the length of service taken into account for the early assignment of a labor pension:
Lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, and the Rules for calculating periods of work giving the right to an early retirement pension old age in accordance with Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 (as amended by Decree of the Government of the Russian Federation of May 26, 2009 No. 449);
Rules for calculating periods of work giving the right to early assignment 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 Decree of the Government of the Russian Federation of July 11, 2002 No. 516 (as amended by Decree of the Government of the Russian Federation dated May 26, 2009 No. 449).
In addition, the Supreme Court of the Russian Federation explained that when resolving disputes related to the establishment and payment of old-age labor pensions to citizens before reaching the generally established retirement age, in the interests of citizens and in order to prevent the deterioration of the conditions for the implementation of the right to pension provision, which they counted on before the introduction into force of the new legal regulation (regardless of whether they have developed general or special work experience in whole or in part), the length of service giving the right to early assignment of an old-age labor pension can be calculated taking into account the legislation in force during the period of performance of the relevant work and other socially useful activities and made it possible to count such periods into length of service when assigning pensions on preferential terms (USSR Law of July 14, 1956 “On State Pensions”, USSR Law of May 15, 1990 “On Pension Provision of Citizens in the USSR”, Law of the Russian Federation dated November 20 1990 No. 340-1 “On state pensions in the Russian Federation” and by-laws adopted in accordance with them).
In connection with the introduction of changes to the legislation regulating the pension relations of insured persons and the questions that arose in the courts, the Plenum of the Supreme Court of the Russian Federation, in order to ensure the unity of judicial practice, in paragraph 15 of its resolution indicated that, when considering the requirements related to the procedure for confirming the insurance period (in including length of service giving the right to early assignment of an old-age labor pension), courts should distinguish between the periods that occurred before the registration of a citizen as an insured person in accordance with the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system" and after such registration.
The periods of work before a citizen's registration as an insured person are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies (for example, archival ones). If work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.), as well as for other reasons (due to careless storage, intentional destruction, etc.) not related to the employee’s fault, and it is impossible to restore them, then such periods of work can be established on the basis of the testimony of two or more witnesses. At the same time, the nature of the work is not confirmed by the testimony of witnesses (clause 3 of Article 13 of Federal Law No. 173-FZ).
Periods of work after registration of a citizen as an insured person by virtue of paragraph 2 of Article 13 of Federal Law No. 173-FZ are confirmed by an extract from the individual personal account of the insured person, generated on the basis of individual (personalized) accounting information.
The list of documents confirming periods of work both before a citizen’s registration as an insured person and after such registration, included in the insurance period, is established in the Decree of the Government of the Russian Federation dated July 24, 2002 No. 555 “On approval of the Rules for calculating and confirming the insurance period for establishing labor pensions" and the order of the Ministry of Health and Social Development of the Russian Federation dated March 31, 2011 No. 258n "On approval of the procedure for confirming periods of work giving the right to early assignment of an old-age pension."
The attention of the courts was drawn to the fact that, in accordance with paragraph 3 of Article 13 of Federal Law No. 173-FZ, admissible evidence confirming the characteristics of work (work in certain conditions), determining its nature and influencing the early assignment of an old-age labor pension cannot be considered. witness testimony be included. These circumstances may be confirmed by other evidence provided for in Article 55 of the Code of Civil Procedure of the Russian Federation (for example, orders, pay book, orders, etc.).
In paragraph 16 of the resolution, the Plenum of the Supreme Court of the Russian Federation explained that if a citizen disagrees with the refusal of the body providing pensions to be included in the length of service that gives the right to early assignment of an old-age labor pension (clause 1 of Article 27 of Federal Law No. 173-FZ), the period of work that, in the opinion of the citizen, is subject to inclusion in this length of service, it is necessary to take into account that the question of the identity of the work performed by the plaintiff, the position held, the existing profession with those works, positions, professions that give the right to early assignment of an old-age pension is decided by the court based on the specific circumstances of each case, established at the court hearing (the nature and specificity, conditions of the work carried out by the plaintiff, the functional duties he performs in his positions and professions, workload, taking into account the goals and objectives, as well as the areas of activity of institutions, organizations in which he worked, etc.).
In contrast to the explanations on the same issue that were given earlier in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25, in its new resolution the Plenum supplemented its explanations with the provision that establishing the identity of different names of jobs, professions, positions is not allowed.
It is obvious that such an explanation was given based on the results of a generalization of existing judicial practice. Actually, the Supreme Court of the Russian Federation adhered to the same position, citing its position on establishing the identity of various positions in the “Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2009.” (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated March 10, 2010). In the section “Judicial practice in civil cases. Proceedings in cases arising from labor and social legal relations”, paragraph 5 shows the position of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation in the case dated November 19, 2009 No. 16-B09-15.
Decree of the Government of the Russian Federation dated October 29, 2002 No. 781 approved the List of positions and institutions, work in which is counted as length of service, giving the right to early assignment of an old-age pension to persons who carried out teaching activities in state and municipal institutions for children.
In the specified List of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early in accordance with Art. 28 of the Federal Law “On Labor Pensions in the Russian Federation”, as well as in the previously valid List of professions and positions of educators whose teaching activities in schools and other institutions for children entitle them to a pension for long service, approved by a resolution of the Council of Ministers of the RSFSR dated September 6 1991 No. 463, and the List of positions in which work is counted as length of service, giving the right to a pension for length of service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067 , there is no position “circle leader”.
By order of the Ministry of Education of the Russian Federation dated January 25, 1993 No. 21, the positions of heads of clubs, sections, studios and other student associations were renamed to the position of teacher of additional education, which was first included in the Lists approved by Decree of the Government of the Russian Federation dated September 22, 1999 No. 1067, and later - to the Lists approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
In accordance with paragraph 2 of the Decree of the Government of the Russian Federation of July 11, 2002 No. 516, the right to establish the identity of professions, positions and organizations provided for in Art. 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, as well as the Lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned early to the same professions, positions and organizations that previously had other names, provided to the Ministry of Labor and Social Development of the Russian Federation on the proposal of federal executive authorities and in agreement with the Pension Fund of the Russian Federation.
In this case, there was a centralized renaming of professions, positions and organizations (structural divisions) contained in previously adopted regulatory legal acts.
The issue of the identity of the functions performed, conditions and nature of activity with those positions that give the right to early assignment of an old-age labor pension can be decided by the court in the event of an employer incorrectly naming positions that are not contained in regulatory legal acts.
The all-Russian classifier of worker professions, employee positions and tariff categories, approved by Decree of the State Standard of Russia dated December 26, 1994 No. 367, along with the position of “teacher of additional education”, retained the previous position of “head of a circle (club of interests, team, amateur association, section , studio, tourist group)".
Taking into account the above, the Supreme Court of the Russian Federation concluded that the inclusion in the special work experience of the period of work as the head of a circle is illegal.
Now the explanation given in paragraph 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation clearly indicates to the courts that the question of the identity of the functions performed, conditions and nature of activity of those positions that give the right to early assignment of an old-age pension can be decided by the court in the case incorrect naming of positions by the employer that are not contained in regulatory legal acts.
It is necessary to pay attention to the new clarification given in paragraph 17 of the resolution of the Plenum of the Supreme Court of the Russian Federation. When resolving disputes arising in connection with the inclusion in the period of work in organizations that are not related in their organizational and legal form to institutions , courts should keep in mind that by virtue of subparagraphs 19 and 20 of paragraph 1 of Article 27 of Federal Law No. 173-FZ, the right to early assignment of an old-age pension in connection with teaching and medical activities is granted exclusively to employees of institutions. Based on paragraph 2 of Article 120 of the Civil Code of the Russian Federation, an institution can be created by a citizen or legal entity (private institution) or, respectively, by the Russian Federation, a subject of the Russian Federation, a municipal entity (state or municipal institution). At the same time, the form of ownership (state, municipal, private) of institutions in this case has no legal significance.
At the same time, when changing the organizational and legal form of institutions provided for by subparagraphs 19 and 20 of paragraph 1 of Article 27 of Federal Law No. 173-FZ, if they maintain the same nature of the professional activities of employees, the court has the right to establish the identity of the positions in which work is counted as length of service for the appointment of an early retirement pension in old age for those positions that are established after such a change.
From the point of view of the literal interpretation of the rules of law applied in determining the right of teaching staff to early assignment of a retirement pension in connection with teaching activities in institutions for children, this position is absolutely justified and logical.
At the same time, it seems that such an explanation by the Supreme Court of the Russian Federation can become a serious obstacle when courts of general jurisdiction make decisions in cases of appealing decisions of bodies providing pensions to refuse to count periods of work in autonomous non-profit organizations, in particular in preschool educational organizations, which were previously institutions and then were transformed into autonomous non-profit organizations. In some constituent entities of the Russian Federation (for example, in the Tyumen region), in recent years, judicial practice has begun to develop in such cases regarding the inclusion in the length of service for the early assignment of a labor pension of the period of work when the kindergarten was an autonomous non-profit organization. At the same time, the court decisions were actually based on taking into account the characteristics of the work performed by teaching staff, as well as the profile of the organization in which their labor activities continued to be carried out.
In the specified paragraph of the resolution of the Plenum of the Supreme Court of the Russian Federation, it is determined that when the organizational and legal form of institutions is changed, if the former nature of the professional activities of employees is maintained in them, the court has the right to establish only the identity of the positions in which work is counted towards the length of service for the assignment of an early retirement pension in old age , those positions that are established after such a change.
In paragraph 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation, the attention of the courts is once again drawn to the fact that, in resolving disputes that arose in the event of a refusal to grant an early retirement pension in connection with the implementation of teaching activities in institutions for children on the basis of subparagraph 19 of paragraph 1 of the article 27 of Federal Law No. 173-FZ (introduced by Federal Law No. 319-FZ of December 30, 2008), it must be borne in mind that periods of work in positions in institutions specified in the List of positions and institutions, work in which is counted as length of service, giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, are counted towards the length of service in the manner prescribed by the Rules for calculating periods of work giving the right to the specified pension, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 .
In this case, work in the positions specified in paragraph 1 of the section “Name of Positions” of the List is counted towards the length of service provided that it is performed in the institutions specified in paragraphs 1.1 - 1.14 of the section “Name of Institutions” of the List, and work in the positions specified in paragraph 2 section “Name of positions” of the List, - in the institutions specified in paragraph 2 of the section “Name of institutions” of the List.
Periods of work performed before September 1, 2000 in positions in institutions specified in the List are counted towards the length of service, regardless of the condition of fulfilling working time norms during these periods (teaching or educational load), and starting from September 1, 2000 - subject to fulfillment of ( in total for the main and other places of work) the norm of working time (teaching or educational load) established for the wage rate (official salary), except for the cases specified in paragraph 4 of the Rules.
By virtue of subparagraph “c” of paragraph 8 of the Rules, work in the position of director (chief, manager), deputy director (chief, manager) of institutions specified in paragraphs 1.8, 1.12 and 2 of the section “Name of institutions” of the List of positions and institutions in which work is counted The work experience that gives the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children is counted towards the work experience only for the period before November 1, 1999. Work in these positions in the institutions specified in paragraphs 1.8, 1.12 and 2 of the section “Name of institutions” of the above List, which took place after November 1, 1999, is not subject to counting towards teaching experience, which gives the right to early assignment of an old-age pension.
A similar rule applies to cases of work in kindergartens, nurseries, nurseries, and interschool training and production plants, which are structural divisions of organizations.
Periods of work in the positions specified in paragraph 2 of the section “Name of positions” of the List, including director (chief, manager), deputy director (chief, manager) in institutions specified exclusively in paragraph 2 of section “Name of institutions” of the List, are counted in length of service giving the right to early assignment of an old-age labor pension, from January 1, 2001, if on the specified date the person has work experience in positions in the institutions named in the List, lasting at least 16 years 8 months, and the fact of work (regardless from its duration) in positions in institutions specified in paragraph 2 of the section “Name of Positions” and in paragraph 2 of the section “Name of Institutions” of the List in the period from November 1, 1999 to December 31, 2000 (clause 12 of the Rules). In the absence of these conditions, such a period is not counted towards the length of service giving the right to early assignment of an old-age pension.
Periods of work as a teacher of additional education in institutions of additional education for children from November 1, 1999 to December 31, 2000 on the basis of previously effective resolutions of the Government of the Russian Federation dated September 22, 1999 No. 1067 “On approval of the List of positions in which work is counted as length of service , giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the length of service for assigning a pension for long service in connection with teaching activities in schools and other institutions for children" and dated February 1, 2001 year No. 79 “On introducing amendments and additions to the Decree of the Government of the Russian Federation of September 22, 1999 No. 1067” were included in the length of service giving the right to early assignment of an old-age pension, without any restrictions, and starting from January 1, 2001 are counted only if the conditions provided for in the above paragraph 12 of the Rules, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, are met.
In fact, the Supreme Court of the Russian Federation pointed out the conditions that are provided for by the above Rules, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
In this case, we have to state that those teaching staff who worked as additional education teachers in additional education institutions and had at least 16 years and 8 months of experience as of January 1, 2001, have actually already exercised their right to receive an early pension before 2009. At present, this category of workers actually does not have the right to early assignment of a labor pension in connection with teaching activities, since the condition that they have, as of January 1, 2001, work experience in positions in the institutions specified in the list, not lasting longer, cannot be met. less than 16 years 8 months.
In paragraph 26 of the resolution of the Plenum of the Supreme Court of the Russian Federation, it is explained that according to paragraph 5 of the Rules approved by Decree of the Government of the Russian Federation dated July 11, 2002 No. 516, the length of service includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual basic and additional paid holidays.
Taking into account the fact that during the period a woman is on maternity leave, provided for in Article 255 of the Labor Code of the Russian Federation, she is paid a state social insurance benefit on the basis of a certificate of incapacity for work issued on the occasion of temporary disability, this period is also subject to inclusion in the length of service , giving the right to early assignment of an old-age labor pension.
Paragraph 27 of the resolution of the Plenum states that when resolving disputes arising in connection with the inclusion of women in the length of service that gives the right to early assignment of an old-age labor pension, the period they are on maternity leave, the courts should proceed from the fact that if the specified the period took place before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543-1 “On Amendments and Additions to the Labor Code of the Russian Federation”, with the adoption of which the period of being on maternity leave child is not included in the special work experience in the case of a pension on preferential terms), then it is subject to inclusion in the length of service giving the right to early assignment of an old-age labor pension.
In comparison with the previously effective explanation contained in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 No. 25, the Supreme Court pointed out to the courts the need to take into account that if parental leave began before October 6, 1992, then the period of stay on this leave is subject to inclusion in the length of service giving the right to early assignment of an old-age labor pension, regardless of the moment of its end (before or after this date).
This clarification of the Supreme Court is very important, as it is confirmed by extensive judicial practice.
According to Art. 167 of the Labor Code of the RSFSR (as amended in 1971), a woman, upon her application, was granted additional leave without pay. Additional leave was counted toward the total and continuous work experience, as well as into the length of service in the specialty.
The Law of the Russian Federation “On Amendments and Additions to the Labor Code of the RSFSR” dated September 25, 1992 introduced an amendment to Article 167 of the Labor Code of the Russian Federation, which excluded the possibility of counting the periods of women on maternity leave into the preferential length of service.
According to Part 1 of Article 4 of the Civil Code of the Russian Federation, acts of civil status do not have retroactive force and are applied to relations that arose after their entry into force. The law applies to relations that arose before its entry into force only in cases where this is expressly provided for by law.
Judicial practice shows that courts, guided by the general legal principle - “the law does not have retroactive force,” oblige bodies providing pensions to include in the length of service taken into account for the early assignment of an old-age pension in connection with teaching activities in institutions for children , the periods of women on maternity leave granted before October 6, 1992, since before that time no restrictions were established on the inclusion of these periods in the length of service for the assignment of a pension, regardless of its type.
It is obvious that the clarification given by the Supreme Court of the Russian Federation will contribute to the uniform application of legislation.
Article 151 of the Civil Code of the Russian Federation provides for the possibility of compensation to a citizen for moral harm caused (that is, physical or moral suffering). In accordance with Art. 1099 of the Civil Code of the Russian Federation establishes that moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law. In this regard, paragraph 32 of the Resolution notes that since violations of pension rights affect the property rights of citizens, claims for compensation for moral damage based on the provisions of paragraph 2 of Article 1099 of the Civil Code of the Russian Federation are not subject to satisfaction, since there is a special law that allows in this case the possibility there is no holding of bodies providing pensions to such liability.
Thus, the Supreme Court of the Russian Federation clearly explained that citizens’ demands for compensation for moral damage due to violation of their pension rights cannot be satisfied.
In paragraph 32, the Supreme Court of the Russian Federation drew the attention of the courts to the need for a clear and precise presentation of the operative part of the decision, so that it does not raise questions during its execution. For this purpose, the operative part of the decision by which the plaintiff’s demands are satisfied must, in particular, indicate which demands are subject to satisfaction and what obligation is assigned to the defendant to restore the plaintiff’s violated right (for example, imposing an obligation on the defendant to include a certain period of work of the plaintiff in special experience, giving the right to early assignment to the plaintiff of an old-age pension, to collect from the defendant the underpaid amount of the pension), and also indicates from what time the defendant is obliged to assign the plaintiff a pension if the court comes to the conclusion that the body providing pensions unreasonably refused plaintiff in granting a pension.
It must be borne in mind that if the plaintiff, in accordance with the procedure established by law, applied to the body providing pension provision for a pension, but this was unreasonably denied, the court has the right to oblige the body providing pension provision to assign the plaintiff a pension from the date of filing the application to such a body or from an earlier date, if established by Federal Law No. 173-FZ (Articles 18 and 19 of Federal Law No. 173-FZ).
Paragraph 33 of the Plenum resolution states that when canceling a court decision in a case on the recovery of a labor pension in a court of appeal, cassation or supervisory authority, courts should take into account that reversing the execution of a court decision is not allowed, except in cases of bad faith on the part of a citizen and a calculation error, provided for Article 1109 of the Civil Code of the Russian Federation.
Obviously, such an explanation was given based on the provisions of Chapter 60 of the Civil Code of the Russian Federation, which establishes the obligation to return unjust enrichment (i.e. a person who, without grounds established by law, other legal acts or transaction, acquired or saved property at the expense of another person, is obliged to return to the victim of unjustifiably acquired or saved property). However, as provided in Art. 1109 of the Civil Code of the Russian Federation, are not subject to return as unjust enrichment, including pensions provided to a citizen as a means of subsistence, in the absence of dishonesty on his part and a calculation error.
It should be noted that the resolutions of the Plenum by their nature are legal acts of the Supreme Court of the Russian Federation and by their legal nature do not contain rules of law. The Supreme Court of the Russian Federation does not have the authority to establish new legal regulations, but can only interpret existing legal regulations. However, decisions of the Plenum of the Supreme Court of the Russian Federation on issues of judicial practice are of great practical importance for courts when applying legislation.
At the same time, the position of M.V. Baglay seems fair and worthy of attention, who notes the following: “The explanations that, in accordance with the Constitution of the Russian Federation, are given by the Supreme Court of the Russian Federation, are certainly important for the generalization of judicial practice and, consequently, for the uniform application of laws . But it is still impossible to embrace all the diverse practices (even within the limits of legality). And the independence of the court is a much more important value of justice than possible rare deviations from the general rule.”

Hello Dmitry.

Indeed, based on judicial practice, the period since November 1999 in connection with the entry into force of Decree of the Government of the Russian Federation of September 22, 1999 No. 1067 On approval of the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, as well as the Rules for calculating length of service for the appointment of a pension for long service in connection with teaching activities in schools and other institutions for children " - List and Rules, in accordance with paragraph 3 of length of service for the appointment of early pensions are counted for periods of work before November 1, 1999 according to the List, approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 No. 463 , and after this date in accordance with the List and Rules.

Since 2002, the specified List and Rules have been canceled according to the Decree of the Government of the Russian Federation dated October 29, 2002 N 781.

Meanwhile, they are used in determining the right to include in the special length of service periods of work falling within the period of validity of these List and Rules.

So, according to the List and Rules of September 22, 1999 No. 1067, work as directors of institutions for children, including children’s and youth sports schools, is not counted towards length of service.

Regardless of teaching work, length of service includes work as:
directors (chiefs, managers) of orphanages, sanatorium orphanages and special (correctional) orphanages for children with developmental disabilities;
deputy directors (chiefs, managers) for educational, educational, educational, production, educational and other work related to the educational process, institutions specified in paragraphs 1-7, 9, 10 of the List.
Serving as Directors(chiefs, managers), deputy directors (chiefs, managers) of institutions, specified in other items of the List are not counted towards length of service.

Those. the position of director of a youth sports school does not fall under those points that fall under the inclusion of periods of their work in special experience after November 1, 1999, but the period before November 1, 1999 was included, since before the adoption of these List and Rules, the provisions in force before them this was provided for, which was also reflected:

3. Establish that length of service giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, periods of work before November 1, 1999 are counted in accordance with with a List of professions and positions of public education workers, whose teaching activities in schools and other institutions for children entitle them to a pension for long service according to the rules of Article 80 of the RSFSR Law “On State Pensions in the RSFSR”, approved by a resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N 463, and periods of work after this date - in accordance with the List and Rules approved by paragraph 1 of this resolution.
http://docs.cntd.ru/document/1...

Moreover, these provisions have already been the subject of proceedings by the Constitutional Court of the Russian Federation, as reflected in the ruling dated April 15, 2008 No. 235-О-О, full text at the link: http://legalacts.ru/doc/oprede...

By which the Constitutional Court of the Russian Federation also determined that:

On November 1, 1999, Decree of the Government of the Russian Federation of September 22, 1999 N 1067 “On approval of the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the length of service for assigning a pension for length of service in connection with teaching activities in schools and other institutions for children,” according to paragraph 3 of which, periods of work before November 1, 1999 were counted in the length of service giving the right to the specified pension in accordance with with the List approved by Resolution of the Council of Ministers of the RSFSR dated September 6, 1991 N 463, and periods of work after this date - in accordance with the approved new List and Rules, in paragraph 2 of which it was stipulated that work as directors (chiefs, managers), Deputy directors (chiefs, heads) of a number of institutions for children, including children's and youth sports schools, are not counted in their length of service.

These regulations, in fact, are reflected in subparagraph “c” of paragraph 8 of the Rules, according to which work in the position of director of a children’s and youth sports school (paragraph 2 of the section “Name of institutions”) is counted towards the length of service for the period before November 1, 1999.

By the definition of the Constitutional Court of the Russian Federation of October 20, 2005 N 392-O, such legal regulation in relation to preferential pension provision for heads of preschool institutions, as well as the preservation of their right to include in the special length of service time worked in these positions for the period when the legislation provided for them long service credit, recognized as not violating constitutional requirements and consistent with the legal position of the Constitutional Court of the Russian Federation , expressed by him in Resolution No. 8-P of May 24, 2001.

This legal position is fully applicable to directors of children's and youth sports schools, who are in a similar legal position.

That is, as can be seen from the given references to normative legal acts, as well as the determination of the Constitutional Court of the Russian Federation, both the position of the bodies of the Pension Fund of the Russian Federation and the courts considering these disputes agree that the period of work in this type of institutions in positions Directors are taken into account and included in special seniority only until November 1, 1999.

The same position is reflected in the Resolution of the Government of the Russian Federation dated October 29, 2002 N 781, in force from 2002 to the present, according to which:

8. Work experience counts:

2. Director (chief, manager)

2. Institutions for additional education for children

children's and youth

c) work as a director (chief, manager), deputy director (chief, manager) of institutions, specified in paragraphs 1.8, 1.12 and 2 section “Name of institutions” list for the period before November 1, 1999.

For this reason, there are simply no other grounds for satisfying such demands, which means, in my opinion, further proceedings on this matter will be futile.

In accordance with paragraphs. 19 clause 1 art. 27 of the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2003 No. 173-FZ, Decree of the Government of the Russian Federation dated October 29, 2002. No. 781, Zh. received the right to early assignment of an old-age labor pension established for persons engaged in teaching activities in state and municipal institutions for children.

On February 13, 2013, he applied to the State Administration of the Pension Fund of the Russian Federation with a written application for an early retirement pension in connection with teaching work in educational institutions.

By decision of the State Administration of the Pension Fund of the Russian Federation dated February 22, 2013 No. 223, the early assignment of an old-age labor pension was denied.

The basis for the refusal was the conclusion of the pension fund that it had not developed the 25 years of teaching experience established by law, since periods with a total duration of 5 years 7 months 9 days were unreasonably excluded from the teaching experience:
From 04/23/1978 to 05/13/1980 (2 years 4 months 10 days) – conscript military service;

From 01/01/1982 to 01/31/1982; from 06/08/1982 to 07/07/1982 (1 month); from 07/01/1983 to 07/31/1983 (1 month); from 09/12/1983 to 10/16/1983 (1 month 5 days); from 01/10/1984 to 01/31/1984 (21 days) – educational leave (session);

From 09/01/2002 to 08/31/2004 (1 year 11 months 14 days) – work as a music teacher in a secondary school.

From 10/14/1986 to 09/01/1987 (10 m. 19 days) - work as an accompanist in the House of Pioneers.
As a result, according to the calculations of the pension authority, the special labor guard Zh. amounted to 20 years 11 months 9 days.

I got acquainted with the refusal of the State Administration of the Pension Fund of the Russian Federation and considered it unfounded for the following reasons.

According to paragraphs. 19 clause 1 art. 27 Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” dated December 17, 2003 No. 173-FZ, by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, the right to early assignment of an old-age labor pension has persons carrying out teaching activities in state and municipal institutions for children when they have developed 25 years of teaching experience.

The Constitutional Court of the Russian Federation, in Resolution No. 2-P of January 29, 2004, indicated that in relation to citizens who acquired pension rights before the introduction of new legal regulation, previously acquired pension rights are retained in accordance with the conditions and norms of the legislation of the Russian Federation in force at the time of acquisition of the right.

According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 30 “On the practice of courts considering cases related to the implementation of the rights of citizens to labor pensions” when resolving disputes related to the establishment and payment of old-age labor pensions to citizens before achieving the generally established retirement age, in the interests of citizens and in order to prevent the deterioration of the conditions for the implementation of the right to pension provision, which they were counting on before the entry into force of the new legal regulation (regardless of whether they had developed general or special work experience in whole or in part), the length of service that gives the right for the early assignment of an old-age labor pension, can be calculated taking into account the legislation in force for the period of performance of the relevant work and other socially useful activities, which made it possible to count such periods into the length of service when assigning pensions on preferential terms (USSR Law of July 14, 1956 “On State Pensions” ”, Law of the USSR of May 15, 1990 “On pension provision for citizens in the USSR”, Law of the Russian Federation of November 20, 1990 N 340-I “On state pensions in the Russian Federation” and by-laws adopted in accordance with them). During the period when Zh. served in the army, the Regulations on the procedure for calculating length of service for assigning pensions for length of service to education and health workers, approved by Resolution of the Council of Ministers of the USSR of December 17, 1959 N 1397, was in effect, clause 1 of which provided that teachers, doctors and other educational and healthcare workers with length of service in their 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.

The exclusion of the period of military service from professional experience is unfounded, since the legal regulation in force at that time provided for the possibility of counting such activities into special experience. Further changes in legislation cannot serve as a basis for infringement of rights in the field of pension provision.

2. Unlawful exclusion from special service and 5 months. studying at the institute.
According to clause 4 of the Rules for calculating periods of work, which gives the right to early assignment 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 Decree of the Government of the Russian Federation dated July 11, 2002 N 516, The length of service that gives the right to early assignment of an old-age labor pension includes periods of work performed continuously for a full working day, unless otherwise provided by these Rules or other regulatory legal acts, subject to payment of insurance contributions to the Pension Fund of the Russian Federation for these periods. .

By virtue of the provisions articles 196 And 198 Labor Code of the RSFSR for students of evening and correspondence higher educational institutions in connection with their studies paid holidays were provided and wages were guaranteed, that is, during the specified periods such persons were insured. Thus, periods of study leave are periods of work while maintaining the average salary from which the employer made contributions to the Pension Fund of the Russian Federation.

In addition, clause 2 of the Regulations 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 N 1397, which became invalid due to the publication of the Decree of the Government of the Russian Federation of September 22, 1993 No. 953) established the procedure for counting periods of study in higher and secondary specialized educational institutions into special work experience if they were immediately preceded and immediately followed by pedagogical or therapeutic activities.

The Supreme Court of the Russian Federation in Determination No. 14-B06-34 (Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2006) indicated that “taking into account the provisions of Part 2 of Art. 6, part 4 art. 15, part 1 art. 17, Art. 18, 19 and part 1 of Art. 55 of the Constitution of the Russian Federation, periods of study leave are subject to inclusion in the special length of service that gives the right to early assignment of an old-age pension, regardless of the time of application for a pension and the time of occurrence of the right to early assignment of an old-age pension.”

3. Worked as an accompanist at the House of Pioneers from 10/14/1986. until September 1, 1987 (10 months 19 days) is subject to inclusion in the teaching experience on the following grounds.
According to paragraph 2 Provisions on the procedure for calculating length of service for assigning pensions for length of service to education and healthcare workers, approved resolution Council of Ministers of the USSR dated December 17, 1959 N 1397, the length of service of teachers and other educators includes work in their specialty in children's institutions.

In accordance with clause 3.2. Instructive letter of the Ministry of Social Security of the RSFSR dated June 30, 1986 N 1-63-I “On pensions for long service”, educational and health care workers included pioneer houses and children's cultural centers among children's institutions.

The period of J.’s work as an accompanist in the pioneer house should be taken into account on the basis P. 2 of the above Regulations as work in the specialty in a children's institution. Instructions on the procedure for calculating the salaries of educational workers, approved by Order No. 94 of May 16, 1985, included work as an accompanist in educational institutions as part of the teaching experience. Given resolution became invalid only in 1993 due to the publication Regulations Government of the Russian Federation dated September 22, 1993 N 953.

4. Decree of the Government of the Russian Federation of April 3, 2003 N 191 “On the duration of working hours” (standard hours of teaching work per wage rate) the norm of teaching hours per wage rate for teachers of general education institutions is 18 hours.

In the period from 09/01/2002 to 08/31/2003, my teaching load was 9 hours. Basic and 0.5 hours of extracurricular work, i.e. 18 hours. Not including extracurricular work in the standard teaching load is unjustified, because according to Government Decree No. 191 of April 3, 2003 (in force at that time), the working hours of teaching staff included teaching (educational) work, educational work, as well as other teaching work provided for by job responsibilities and working hours approved in the prescribed manner.

Thus, Zh.’s special work experience on the day of applying for a pension was, according to my calculations, 26 years 6 months. 18 days, which gave Zh. the right to receive an early pension in connection with teaching activities in educational institutions for children, according to paragraphs. 19 clause 1 art. 27 of the Federal Law “On Labor Pensions in the Russian Federation” of December 17, 2003.

Based on the above, we filed a claim against the Administration of the Pension Fund of the Russian Federation for the assignment of an early labor pension to Zh. from the moment of her application - from February 13, 2013.
By decision ... of the district court dated May 8, 2013, the claim was rejected.

In deciding to refuse to satisfy the claims, the court came to the conclusion that the plaintiff was unreasonably denied the inclusion in his teaching experience of periods of military service, being on educational leave and the period of work as an accompanist of the House of Pioneers.

At the same time, the court concluded that the period of work as a secondary school teacher from September 1, 2002. to August 31, 2003 is not subject to inclusion in the teaching experience, since no evidence has been provided of his fulfillment of the standard working time /teaching or academic load of 18 hours per week/ during this period. He worked as a music teacher 9 hours a week and performed educational work in music for 0.5 rates. The court considered it unproven that 0.5 rates of educational work corresponds to 9 hours of teaching load.

We have filed an appeal.

The appeal ruling of the judicial panel for civil cases of the Tambov Regional Court dated July 29, 2013, the decision of the trial court was measured, J.'s claims were satisfied in full. The court ordered the Main Directorate of the UPF of the Russian Federation to include all controversial periods in the calculation of Zh.’s length of service, and ordered him to assign an early retirement pension on the basis of paragraphs. 19 clause 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” from February 13, 2013, recovered the legal costs incurred by the plaintiff.

The appellate court agreed with the arguments of the complaint that the educational work performed by J. at 0.5 rate of circle work was the responsibility of a music teacher, and wages were accrued during these periods from the institution’s payroll fund. The defendant did not present evidence to the contrary to the court.

Result: case won.

Determination of the Penza Regional Court dated July 22, 2008 in case No. 33-1331 The special teaching experience for the assignment of an early retirement pension includes the period of work as a teacher at a children's plant, since employees of kindergartens of all types related to preschool educational institutions have the right to preferential calculation of pensions.

PENZA REGIONAL COURT
CASSATION DETERMINATION
dated July 22, 2008 in case No. 33-1331
Judge: Pogrebnaya S.G.
On July 22, 2008, the judicial panel for civil cases of the Penza Regional Court, consisting of:
presiding Smirnova L.A.
and judges Elagina T.V., Gordeeva N.V.
heard in open court on the report of Gordeeva N.V. case on the cassation appeal of the Main Directorate of the UPF of the Russian Federation for the city of Kamenka and the Kamensky district of the Penza region against the decision of the Kamensky city court of the Penza region dated June 16, 2008, which decided:
oblige the State Institution of the Office of the Pension Fund of Russia for the city of Kamenka and the Kamensky district of the Penza region to include in the special length of service for the assignment of an early retirement pension in connection with the teaching activities of K. the period of work as a teacher in children's plant No. 5 from October 30, 1990 to February 22 2001, with the exception of periods of being on advanced training courses from 06/09/1997 to 06/20/1997, from 12/27/1999 to 12/31/1999 lasting 17 days, as a teacher in a children's factory, which is 10 years 3 months 5 days, and assign her an early retirement pension from March 22, 2008.
Having checked the case materials, the judicial panel
installed:
K. filed a lawsuit against the Main Directorate of the UPFR for the city of Kamenka and the Kamensky district of the Penza region for recognition of the right to an early labor pension, indicating in its justification that on March 11, 2008, the defendant refused to grant her an early labor pension, as a person carrying out pedagogical activity in state and municipal institutions due to the lack of the required special work experience - 25 years. At the same time, the period of her work as a teacher at children's plant No. 5 from October 30, 1990 to February 22, 2001 was excluded from the special experience, because According to the lists of positions and institutions, work in which is counted in the length of service giving the right to early assignment of a labor pension, approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781, the children's plant is not included in the names of institutions.
Considering this decision to be illegal, the plaintiff asks to include this period of her work in the length of service giving her the right to an early labor pension in connection with teaching activities in accordance with the Law of the Russian Federation “On Labor Pensions in the Russian Federation” and to oblige the defendant to assign her a pension from the moment she applies for it with March 05, 2008.
During the trial, K. clarified the claims and asked the court to oblige the defendant to grant her an early retirement pension in connection with her teaching activities from March 22, 2008, excluding from the calculation the periods of being in advanced training courses from 06/09/1997 to 06/20/1997, from December 27, 1999 to December 31, 1999, lasting 17 days, since she did not declare the indicated periods for the assignment of an early retirement pension when submitting documents to the Main Directorate of the UPFR for the city of Kamenka, Kamensky District.
The Kamensky City Court of the Penza Region made the above decision.
In the cassation appeal, the Administration of the Pension Fund of the Russian Federation for the city of Kamenka and the Kamensky district of the Penza region asks the court decision, as rendered in violation of substantive law, to cancel and make a new decision to refuse to satisfy the claim, since there are no legal grounds for satisfying K.’s demands, the plaintiff did not develop the necessary length of service for the preferential assignment of an old-age labor pension.
Having discussed the arguments of the cassation appeal and objections to it, the judicial panel does not find any grounds for canceling the court decision.
Satisfying K.'s claims, the court found it established and proceeded from the fact that the disputed period of work of the plaintiff should be included in the special length of service, which gives the right to receive a pension on preferential terms.
This conclusion of the court, in the opinion of the judicial panel, is correct, based on the evidence collected in the case and correctly assessed, and complies with the norms of the current legislation.
The case materials establish that on March 5, 2008, K. filed an application for the appointment of her early labor pension in accordance with clause 10, paragraph 1, article 28 of the Federal Law of the Russian Federation “On Labor Pensions in the Russian Federation.” However, by decision of the commission for consideration of issues of implementation of pension rights of citizens at the State Institution of the Administration of the Pension Fund of the Russian Federation for the city of Kamenka and Kamensky District No. 6 dated March 11, 2008, the assignment of an early retirement pension was denied due to the lack of the necessary special work experience. At the same time, from the calculation of special work experience, the period of work from October 30, 1990 to February 22, 2001 as a teacher at children's plant No. 5, lasting 10 years 3 months 22 days, including periods of participation in advanced training courses from 06/09/1997, was excluded to 06/20/1997, from 12/27/1999 to 12/31/1999, lasting 17 days, due to the absence of the named name of the institution in the Lists of positions and institutions, work in which is counted towards length of service, giving the right to early assignment of a labor pension, approved by Government Resolution RF No. 781 dated October 29, 2002.
In accordance with Art. 39 of the Constitution of the Russian Federation, everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases provided for by law.
State pensions and social benefits are established by law.
In accordance with Art. 7 of the Federal Law “On Labor Pensions in the Russian Federation”, men who have reached the age of 60 years and women who have reached the age of 55 have the right to an old-age labor pension.
According to sub. 10 p. 1 art. 28 of the Federal Law “On Labor Pensions in the Russian Federation”, an old-age labor pension is assigned before reaching the age established by Art. 7 of this Law, to persons of at least 25 years of age carrying out teaching activities in state and municipal institutions for children, regardless of age.

Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which this labor pension is assigned, the rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation (clause 2 of Article 28 of the Law).
The list of positions in which work is counted towards length of service, giving the right to a pension for length of service in connection with teaching activities in schools and other institutions for children, was approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781.
Satisfying the claims of K.I., including the period of her work from October 30, 1990 to February 22, 2001, with the exception of periods of being on advanced training courses from 06/09/1997 to 06/20/1997, from 12/27/1999 to 12/31. 1999, lasting 17 days, which is 10 years 3 months 5 days in the position of a teacher at children's plant No. 5, with length of service giving the right to early assignment of a pension in connection with teaching activities, the court found it established and proceeded from the fact that from the meaning of Art. 28 of the Law of the Russian Federation "On Labor Pensions in the Russian Federation" the law connects the appointment of an early labor pension in connection with teaching activities with professional activities.
Previously existing legislation, and in particular, the Law of the Russian Federation “On State Pensions in the Russian Federation”, Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 N 463 “On approval of the list of professions and positions of educators whose teaching activities in schools and other institutions for children provide the right to a pension for length of service", Government Decree of the Russian Federation N 1067 of September 22, 1999 "On approval of the List of positions in which work is counted towards length of service in connection with teaching activities in schools and other institutions for children", which also provided for the right to a pension persons who have been engaged in teaching activities for at least 25 years, did not contain such a criterion for a citizen to have the right to a pension in connection with the implementation of teaching activities as his work in a state and municipal institution.
According to clause 1.8 of the List of jobs, professions, positions, specialties and institutions, work in which is counted towards the length of service giving the right to early assignment of an old-age labor pension to persons engaged in teaching activities in state and municipal institutions for children, approved by the Decree of the Government of the Russian Federation dated October 29, 2002 N 781, paragraphs. 10 p. 1 art. 28 of the Federal Law "On Labor Pensions in the Russian Federation" employees of kindergartens of all types that belong to preschool educational institutions enjoy the right to early retirement.

According to clause 5 of the Model Regulations on a Preschool Educational Institution, approved by Decree of the Government of the Russian Federation of February 14, 1997 N 179, of December 23, 2002 N 919, preschool educational institutions, in accordance with their focus, are divided into types, where, among others, there is a “combined kindergarten” "and its definition is given as a kindergarten that includes general developmental, compensatory and health groups in various combinations. The job responsibilities of a kindergarten teacher are identical to those of a kindergarten teacher.
Based on the foregoing, the court came to the correct conclusion that the legislator does not distinguish between the concepts of “kindergarten” and “children’s factory”; a children’s factory is only a type of kindergarten.
The court's conclusion is based on a comprehensive, complete and objective study of the evidence available in the case, the legal assessment of which was given by the court according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation, and complies with the norms of substantive law governing controversial legal relations.
In connection with the above, the judicial panel considers unfounded the arguments of the defendant’s cassation appeal about the unreasonable inclusion of the disputed period of work in the plaintiff’s special experience and the incorrect application of substantive law norms by the court.
The provisions of the Constitution of the Russian Federation (Articles 6, 15, 17, 18, 19 and 55) by their meaning imply legal certainty and the associated predictability of legislative policy, in particular in the field of pension provision, necessary for participants in the relevant legal relations could reasonably foresee the consequences of their behavior and be confident that the right acquired by them on the basis of current legislation will be respected by the authorities and will be implemented.
The arguments of the cassation appeal, as based on an incorrect interpretation of the rules of substantive law, cannot serve as a basis for canceling the court decision.
Based on the above, guided by art. Art. 360, 361 Code of Civil Procedure of the Russian Federation, judicial board
determined:
The decision of the Kamensky City Court of the Penza Region of June 16, 2008 was left unchanged, the cassation appeal of the State Administration of the Pension Fund of the Russian Federation for the city of Kamenka and the Kamensky District of the Penza Region was not satisfied.