home » Relationship » Early retirement for old age with a reduction. Early retirement pension for the unemployed Early retirement pension for the unemployed

Early retirement for old age with a reduction. Early retirement pension for the unemployed Early retirement pension for the unemployed

Federal Law of December 28, 2013 No. No. 400-FZ (as amended on December 19, 2016) “On insurance pensions” (hereinafter referred to as the law on insurance pensions): men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age insurance pension. Old-age insurance pension is assigned if there are at least 15 years insurance experience. Before reaching the specified age (early) and with a certain length of service, a pension can be awarded on the grounds established by Chapter 6 (Articles 30-32) of the 2013 Insurance Pension Law. In addition to pension legislation Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation» 2 guarantees the right to early retirement for unemployed citizens whose employment is impossible or difficult. The presence of such a norm is a legislative recognition of the fact that old man faces difficulties in finding employment, so he needs to provide social support. It is also important that there are no quotas or other job reservations for such persons. The only reasonable option to support a citizen in such a situation is to assign a pension ahead of schedule. Paragraph 2 of Art. 32 of the Employment Law provides for the rules for early pension provision unemployed. The pension is assigned:

citizens who were duly recognized as unemployed and applied to the employment center with an application for early retirement;
bodies of the Pension Fund of the Russian Federation on the basis of a written proposal from the bodies of the employment service (the form of the proposal is approved);
subject to the impossibility of employment of unemployed citizens;
persons dismissed in connection with the liquidation of the organization or the termination of activities by an individual entrepreneur, reduction in the number or staff of employees of an organization, an individual entrepreneur;
persons with at least 15 years of insurance experience;
for the period before reaching the age that gives the right to an old-age insurance pension, including those assigned ahead of schedule, but not earlier than two years before reaching the appropriate age (as a general rule: men - from 58 years old, women - from 53 years old).

The amount of this pension is determined according to the norms of the old-age insurance pension. Upon reaching a common retirement age or upon entering a job or resuming another activity that is included in the length of service, the payment of this pension is terminated. With such a seemingly simple and understandable legal regulation of early retirement benefits for unemployed citizens, the right to this measure of support is exercised extremely rarely, and in a difficult economic situation, only a few citizens in need took advantage of this guarantee. We believe that there are several reasons for this state of affairs: unlike the norm of pension law, which is the unconditional basis for pension provision at a certain age and length of service, the right to early retirement for the unemployed is determined by the subjective criteria of “impossibility of employment” and the activity of the unemployed in job search. Thus, this measure is not objectively mandatory with the relevant length of service, age and reason for dismissal, but depends on the discretion of the employment center. This, we believe, eliminates the guarantee of the right to defense. The subjectivism of these norms gives rise to litigation raises questions about the presence of a corruption factor in them. If in previous years, with a stable economic situation such cases were decided in favor of the unemployed, then modern practice in most cases is not in favor of the applicant, if the employment center, which refused to issue a referral for early retirement, refers to the low motivation of the plaintiff (unemployed citizen) to work or to the alleged employment opportunity. An equally significant obstacle to the unemployed getting an offer for early retirement is the current mechanism for financing such a pension. Early retirement is assigned and financed by the PFR, while the employment service is obliged to reimburse these costs from the budget funds allocated for the purpose of promoting employment4. This is contrary to the interests of the employment service, which is more profitable to pay such unemployed benefits in minimum size or pay nothing if the right to benefits has already been forfeited. As a result, the right to receive such social support is not only uncertain, but also not beneficial to the body that is called upon to provide it. To eliminate these problems, it is necessary to clearly and concretize in the law the criteria for the impossibility of employment (terms of employment, the number of job offers, grounds for refusal of employment), the criteria for the activity of the unemployed in search of work (number of appeals to employers, reasons for refusal to work, terms of active search). It is equally important to revise the existing rules on the return of early pension funds to the Pension Fund at the expense of the budget of the employment service. Early retirement for the unemployed should be assigned according to general rules for all pensions- without the use of refinancing from the relevant funds of the employment service. Only with such regulation can the early retirement provision of unemployed citizens be given the status of a legally guaranteed social payment.]]>

ASSIGNMENT OF EARLY PENSION TO UNEMPLOYED CITIZENS

Employment service authorities may offer unemployed citizens to apply for a pension ahead of schedule (the right to assign an early pension to unemployed citizens is established by clause 2 of article 322 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”).

The main conditions for obtaining a pension in such cases are:

Recognition of a citizen in the prescribed manner as unemployed;

Lack of employment opportunities for a citizen in the employment service;

Dismissal of a citizen in connection with the liquidation of the organization, reduction in the number or staff of employees;

An unemployed citizen has at least 25 years of insurance experience for men and 20 years for women, as well as in the relevant types of work, giving the right to early appointment old-age labor pension;

Consent of a citizen to the appointment of an early pension.

Early retirement pension for the unemployed pension fund Russian Federation at the suggestion of the employment service authorities and with the consent of the citizen not earlier than two years before the right to an old-age labor pension, including on preferential terms.

Unemployed citizens who, at the suggestion of the employment service, have been assigned a pension ahead of schedule, are deregistered as unemployed from the date of its appointment.

Early old-age pension is assigned to unemployed citizens if they do not have the right to early retirement on other grounds:

Women aged 53 and older with at least 20 years of insurance experience;

Men 58 years and older with at least 25 years of insurance experience.

Terms of appointment and payment of early old-age pension

An early old-age pension for the unemployed is assigned from the day of applying for it and is paid until the day of reaching the age that gives the right to receive an old-age labor pension.

An application for the appointment of an old-age labor pension or a transfer to an old-age labor pension can be applied to the territorial body of the PFR at the place of residence in advance. This will avoid cases of non-receipt of a pension for the period between the date of termination of the payment of early pension to you as an unemployed citizen and the date of granting you an old-age labor pension.

Delivery of pensions is carried out at the request of pensioners through postal organizations, credit organizations and other organizations involved in the delivery of pensions. The pensioner has the right to choose, at his discretion, the organization that carries out the delivery, and notify the territorial body of the Pension Fund of the Russian Federation about this in writing.

Amount of early retirement pension

For citizens entitled to an early old-age pension, the amount of such a pension is determined similarly to the amount of an old-age labor pension and depends on the total amount of insurance premiums received by the Pension Fund of the Russian Federation for the insured person, and on the amount and pension rights acquired before January 1, 2002. As well as for labor pensions, all ongoing indexation of labor pensions will apply to early retirement for the unemployed.

Documents required for the appointment of early pension to the unemployed:

Citizen's application for an old-age pension;

Identity documents, age, place of residence, citizenship (passport of a citizen of the Russian Federation or residence permit for foreign citizens and stateless persons);

The proposal of the employment service body to send an unemployed citizen ahead of schedule to an old-age pension;

Insurance certificate of obligatory pension insurance;

Documents confirming the insurance experience;

Certificate of average monthly earnings for any 60 months of work in a row during their employment until January 1, 2002 (or earnings for 2000-2001 are taken into account according to the personalized accounting of the PFR).

In necessary cases, the following documents are attached:

about disabled family members;

About finding disabled family members as dependents;

About the place of stay or actual residence on the territory of the Russian Federation;

On the change of surname, name, patronymic.

The recipient of an early pension should be aware of all changes that entail a change in the amount of the pension or the termination of its payment, the recipient of an early pension must immediately notify the territorial body of the PFR, including:

about applying for a job;

On termination of studies (on expulsion from educational institution) children over 18 years of age studying full-time in educational institutions of all types;

On the change in the number of dependents;

About changing the place of residence.

The legislation of the Russian Federation establishes for each citizen the right to receive pension payments. Law of the Russian Federation N 400 indicates that taking advantage of this opportunity possible in the following situations:

reaching the established retirement age (55 and 60 years for a woman and a man, respectively);
length of service (in the presence of the minimum work experience and pension points established by law).

At the same time, Article 32 of Law No. 1032-1 states that citizens who have not reached retirement age can count on receiving early benefits. This legal act also provides for situations in the event of which citizens can exercise this right. It's possible for the following reasons for leaving:

reduction of employees of the enterprise;
dissolution of the employer's company (or termination of the IP).

It is worth noting that an early retirement pension for the unemployed on a general basis can be assigned to citizens who have not reached the generally established age for entering a well-deserved rest, only at the suggestion of the employment service. In other words, a person must apply to these state structures to obtain the status of an unemployed citizen. Only after that, as well as for the initiative of the employment center, the former employee can apply to the local departments of the PFR for the appointment of this type of benefit.

A citizen who receives a pension ahead of schedule, upon reaching retirement age, has the right to arrange for the payment of an old-age insurance pension (upon the occurrence of all necessary conditions).

Conditions for the appointment of early pension to unemployed citizens

So, how can an unemployed person retire early? In cases where a person loses his job due to reasons provided for by law, an unemployed citizen may apply to the employment service at the place of residence. If it is not possible to employ this category of people, they An early retirement pension may be paid to the unemployed in old age under the following conditions:

an officially established fact of lack of work (proven deprivation of permanent earnings, registration with certain state bodies, etc.). Only the territorial body of the employment service has the right to recognize a person as unemployed;
inability to formally find a job;
the fact of dismissal from the previous place of work in connection with the reasons determined by the current legislation of the Russian Federation;
the presence of the minimum established work experience: 25 and 20 years for men and women, respectively;
reaching a certain age. The law establishes that the right to receive these benefits is owned by citizens who are less than 2 years old before reaching the generally established age for entering a well-deserved rest;
the presence of a minimum number of pension points (individual coefficients). For the current year, this figure is 13.8.

An early retirement pension for the unemployed can be issued only with the consent of the local authorities of the employment center (providing an offer from these state structures).

How to apply for early retirement for the unemployed?

To assign these payments, the interested citizen must first of all contact the local structures of the employment center to obtain a special document-offer, which proves the person's right to apply for benefits. In addition, these public authorities provide an extract on the periods of his work, which are counted in his general seniority. The above documents entitle the unemployed to apply to the territorial bodies of the Pension Fund for the appointment of early benefits.

Documentation

The local departments of the FIU also need provide the following package of documents:

Application for the appointment of early financial payments;
Passport or other documents confirming the identity of the citizen and his address of residence;
Employment book or other extracts and certificates proving the existence of insurance experience and its duration;
Insurance pension certificate;
Certificate of average salary for the period established by law (for 5 years before 2012).

Local FIU structures in some cases may require a number of necessary documentation:

a certificate of the presence of disabled family members (minors, disabled people or pensioners);
statements about the fact of changing the personal data of the person concerned (for example, about changing the name, etc.);
a document that confirms the place of actual residence of the unemployed, etc.

It should be noted that the calculation cash payments occurs from the moment of applying to the authorized state bodies, but not earlier than the emergence of the right to this kind of allowance.

Statement

When applying to the authorities of the Pension Fund, the unemployed person must draw up an application in writing for the appointment of early retirement benefits. It is worth saying that the structure of this document is not arbitrary, it is determined by the current laws of the Russian Federation in the field of labor. A sample application is issued directly at the place of application for the appointment of benefits. The following information must be entered on the form:

Name of the applicant;
the name of the local FIU body;
passport data;
the name of the pension claimed by the citizen;
pleading part. Here you need to indicate the grounds for the appointment of early benefits;
residential address;
contacts of the person interested in the payments;
data of the insurance certificate;
chosen delivery method Money(through a bank card/account, postal order, courier organization);
a complete list of submitted documents, etc.

It is worth noting that for the provision of false information, a person, in accordance with the current legislation, may be liable, and in cases provided for by law - criminal (Article 159.2 of the Criminal Code of the Russian Federation).

It is also important to know that for any changes in the life of a pensioner that entail consequences in the form of cash payments, the recipient of early benefits must immediately notify the FIU authorities. Namely This applies to changes such as:

employment or employment in activities that count towards seniority;
change of residence address;
departure for permanent residence outside the Russian state;
increase or decrease in the number of disabled family members (pensioner's dependents), etc.

In the event that a citizen did not inform pension authorities about these changes, he must reimburse the state for overpaid funds.

Confirmation

When applying for a pension benefit ahead of schedule, a citizen must confirm the length of service. But, there are situations in which it is very difficult to prove the period of work at a particular enterprise. For example, in cases where archival documents were lost due to flood, fire and other reasons determined by law. In this arrangement, Employment can be verified in the following ways:

with the help of witnesses (based on their testimony);
V judicial order.

Useful video

In the following video, you can learn about the situations and conditions under which an unemployed citizen has the right to apply for and receive an early pension:

Early retirement for the unemployed in Russia in 2019. Important concepts, conditions for obtaining, registration procedure, cases of termination of payments and last news- You can find out this information by reading the proposed article.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Unemployment is an integral part of the state economy. Currently, cases of liquidation of enterprises and reduction of staff are not uncommon. In such a situation, the state seeks to ensure the employment of citizens.

If this is not possible, unemployed people can count on material support from the state. Also, citizens who have lost their jobs and are near retirement age have the right to retire early.

What you need to know

A citizen of the Russian Federation, who is officially recognized as unemployed, can count on receiving certain benefits and benefits during the period of time provided for by law. One of the measures of state support is the possibility of early retirement.

A labor pension is assigned to each citizen who was engaged in official labor activity (the minimum period of employment is five years). Some circumstances may lead to the possibility of early retirement.

These include:

Important Concepts

unemployed citizen	This is an able-bodied citizen who this moment does not have a job and earnings, is in search of vacancies and is ready to start activities. To learn the status, you must register with the employment service
Early exit on retire	This is the transition to a well-deserved rest before the deadline provided by law. To use this right, certain conditions must be met, one of which is the inability of a citizen of pre-retirement age to find a job. Good reasons for early retirement are raising children with disabilities and loss of a breadwinner
Labor pension	This is compensation to citizens of retirement age for wages or other income received.

Terms of receipt

In order to apply for an early retirement pension, certain conditions must be met:

Official confirmation of a citizen by the unemployed by the employment service	This item includes: lack of work and earnings for a citizen; registration at the labor exchange; interest in looking for a job and willingness to start it (visiting the labor exchange on time and attending the proposed interviews)
Impossibility of employment of a citizen	Lack of a suitable job at the Employment Center
Good reasons for losing a job	Reduction of staff or liquidation of the enterprise
Citizen has at least 20/25 years of work experience	For women and men
The presence on the personal account of a citizen of the minimum number of pension points	For 2019, the minimum number of points is 11.4
Confirmation by the Employment Center of the fact that a citizen can retire early	Referral from the employment service
Less than two years left until retirement age	—
The consent of the citizen himself to early retirement	—

In case of non-compliance with at least one of these points, early assignment of a pension cannot be carried out..

Current regulations

Issues of early retirement are regulated by the following legislative acts:

Federal Law No. 173 of December 17, 2001 “On labor pensions in the Russian Federation” establishes the amount and procedure for paying pension benefits.
Federal Law No. 166 of December 15, 2001 “On State Provision in the Russian Federation”.
Federal Law No. 1032 of April 19, 1991 “On Employment of the Population” establishes the possibility of a special retirement condition for unemployed categories of citizens.
Federal Law No. 400 dated December 28, 2013 "On Pension Insurance".

Key Aspects

If a citizen is less than two years away from retirement and is unemployed, the Employment Center may offer to assign him a pension.

Such a decision may be due to the impossibility of further employment of a citizen who has lost his job due to the reduction or termination of the enterprise.

Another reason for this benefit is that a person of pre-retirement age is difficult to retrain. The Pension Fund, taking into account all the circumstances, can agree on early retirement if the citizen himself wishes.

The procedure for early registration of pensions for unemployed citizens

To apply for this benefit, a citizen must first take a referral from the employment service. This paper indicates information about the impossibility of finding a suitable job, and in connection with this circumstance, a request to allow the person to retire early.

The direction is transferred to the PFR department, regardless of the place of residence of the citizen. The paper is valid for one month. A good reason for extending the validity of the document is the presence of a temporary disability certificate.

The PFR is considering the issue of early retirement, and if the verdict is positive, the status of the unemployed is removed from the citizen and state benefits are assigned.

Payments are made by the Pension Fund from the funds of the Employment Center. In case of refusal, a citizen can apply to the Ministry of Labor or file a complaint in court. You can apply for an early pension.

Package of documents for registration of early retirement:

referral from the Employment Center;
a statement written by the applicant himself;
citizen's passport;
SNILS;
work book or certificate from the last place of work;
certificate of income of a citizen for five years until January 1, 2002.

The application contains the following information:

the name of the authority where the application is submitted;
Name of the applicant;
request for early retirement;
grounds for registration;
list of attached documents;
date and signature.

In some cases, confirmation of the following facts is required:

lack of work for family members of a citizen or dependents;
place of registration or actual residence of a citizen;
change of personal information.

When does the payment stop?

The amount of the unemployment benefit is determined according to the same norms as insurance pension by old age. It is paid from the day the citizen applies to the relevant state body..

A pension that is paid to a citizen before reaching retirement age stops being paid in two cases provided for by law:

Resumption of labor activity by a citizen	In this case, the pensioner is obliged to notify the territorial body of the Pension Fund of the Russian Federation about his employment. If this is not done, the citizen will subsequently have to reimburse the funds overpaid by the state. In case of further termination of employment, the payment of pension continues
A person reaching retirement age, in accordance with the legislation of the Russian Federation	After the age of 55 or 60 (for a woman and a man, respectively), a citizen needs to contact the Pension Fund of the Russian Federation and apply for an old-age insurance pension. The application must be submitted in advance to avoid the absence of payments during the processing of documents. Thus, the total period of early pension payments cannot exceed 24 months.

Currently, unemployment has firmly entered our lives. It is especially difficult in such a situation for citizens who have not reached retirement age, since employers are reluctant to hire older employees. At the same time, not everyone knows that an early old-age pension can be assigned to the unemployed, even if they have not yet reached the established age mark.

Those in this age group in this situation have a hard time, but they can cope with the problems thanks to the help provided by the state. The proposed material discusses the rules for its appointment, the procedure for registration, the necessary documentation and other points that you should know on this issue.

Everyone knows that a labor pension is established on the condition that the male part of the population reaches the age mark of sixty, and the female part of the population reaches fifty-five years, if at least five years of experience have been earned. Some categories of citizens have the right to retire earlier than this period, subject to the length of service earned in adverse or harmful working conditions, in the North, etc.

However, if it so happened that a citizen lost his job, and at the same time he had at least two years left before the established retirement age limit, then in such a situation the legislation provides for the possibility of appointing early retirement benefits. This also applies to final labor activity on preferential terms. The main requirement is the absence of job offers from the employment center.

The fact is that if the organization has had a reduction in staffing, headcount or the structure has ceased its activities altogether, then the dismissed employee, if he is at an age close to retirement, due to physiological features, it is quite difficult to master a new profession and change the type of activity.

It is for this reason that the state goes towards this category of the population and appoints early registration of pensions for unemployed citizens of this age category.

Conditions for early retirement of unemployed citizens provide for the following:

the status of the unemployed must be confirmed in an official way. This means that he should not have any work and wages, register with the employment service, be ready to start work at any time. Only the territorial branch of the employment center has the right to classify a person in this category;
the service indicated above is not able to provide work for this person;
the dismissal was due to the demise of the company where the person was employed, or measures to reduce the staffing table or the number of employees - thus, this should not depend on the dismissed person. If the calculation was caused by other circumstances mentioned below, early retirement is not provided:
if the unemployed managed to earn the required minimum length of service: for the male category of citizens - twenty-five years, for the female - twenty;
subject to the presence of a minimum number of pension points of 13.8, which are gradually increased until 2025 to thirty;
early old-age pension for the unemployed is assigned only if they have no more than two years left before reaching the established age limit, this applies to both general cases and preferential ones;
if the initiative to assign such security comes from the employment service;
the consent of the citizens themselves to this type of benefit.

The purpose of the specified allowance can be fulfilled only if all of the listed conditions are met.

Important! If at least one of the required conditions is not met, the assignment of early retirement benefits to the unemployed by age is impossible.

At the same time, it can be canceled if the following events occur:

a citizen was able to find a job and receives a salary;
the person has reached the age limit established for the retirement age, and he can be granted a pension on a general basis.

The impossibility of assigning such benefits may be due to dismissal for the following reasons:

inability of the employee to perform his official functions;
in connection with violations of labor and financial discipline, other violations (truancy, violation of information security, appearance in the organization in a state of intoxication, etc.);
immoral offense, in connection with which it is impossible to continue working;
existence of a conflict of interest;
in connection with the provision of false documentation when applying for a job;
violations relating to liability and other similar reasons.

What documents do I need to submit in order to receive a pension ahead of schedule?

Consider how to apply for an early pension for an unemployed person who is faced with similar circumstances.

Such a person is issued an appropriate referral by the employment service, with which he applies to the Pension Fund at the place of residence. Please note that the issued paper is valid for no more than a month. the only good reason is to receive a temporary disability certificate.

Note! The direction issued by the employment center is valid for no more than one month. If this period has expired, you will have to new paper, which is not always possible.

Two copies of this document are issued, and the person who received them confirms this fact with a personal receipt.

If the PF makes a positive decision, this citizen ceases to be unemployed and he is given a pension ahead of schedule.

The documentation required to apply for this allowance includes:

the already mentioned referral from the employment service;
personal statement from the applicant;
personal passport or other similar document confirming the identity of the applicant, his age, place of residence, the fact of citizenship;
pension insurance certificate;
documents confirming the insurance experience. This may be a work book or a certificate from the company where the citizen was previously employed;
certificate confirming the average level of income for each month for an arbitrary continuous five-year period of employment is not late start two thousand two years.

Additionally, in some situations, there is a need to confirm:

the fact that other close family members are unable to work;
the presence of unemployed dependent relatives;
registration or fact of residence in our country;
if personal data (last name, etc.) has changed, provide relevant supporting information.

If a positive decision is made, payments are transferred from the date when the application was received, and stop when the above conditions occur. As with all other types of pension provision, this includes all ongoing indexations and increases.

When this happens, it is necessary to provide a personal application and the required documents for the assignment of a pension under general conditions, in connection with the achievement of the age limit.

It is recommended to worry about this some time before the expiration of the period for the payment of the assigned early benefit, so as not to be left without a livelihood for the re-issuance period (which takes about two months).

Which organization regulates this issue?

As already mentioned, early registration of pensions for unemployed citizens is carried out by the Pension Fund, at the place of residence of the citizen, if the corresponding direction is provided by the employment service.

There is one significant point! Although the allowance is assigned to the PF, its transfer is made at the expense of the employment center. However, for this organization, certain quotas are set for this type of benefits, therefore, even if the necessary conditions are met, the applicant on this issue may be refused, or payments may be suspended at any time.

If the latter happened unreasonably, then citizens have the right to appeal this fact to the Ministry of Labor or by contacting the court.

If the employment center refuses to issue the indicated referral, it must continue to search for employment, otherwise the citizen may also defend their rights in court.

In turn, the recipient of such benefits is obliged to notify the PF of the following events:

on employment with the appointment of wages;
if the number of dependents has changed;
when changing the place of residence;
if a person travels abroad, to a country that has entered into an agreement with us on pension obligations.

It should be noted that the early appointment of the payment of pensions to those who are not able to find a job is not the only form of state support.

For example, if an employee was laid off, then he should be paid the average monthly salary for the next two months. In addition, for the next year, such persons receive benefits that are due to all unemployed. During this period, if desired, it is quite possible to find new job or simply get closer to the age limit set for the appointment of a pension.

P.S

As we can see from the presented material, due to the presence of difficulties in finding employment for older people, they may be assigned pension benefit before reaching retirement age. However, for its registration, certain conditions must be met.