Solution from February 02, 2015

Case no.

Accepted Abdulinsky District Court (Orenburg Region)

1. Information on case No. 2|2|-5/2015 (2|2|-422/2014;) ~ М|2|-422/2014
2. №2|2|- 5/2015
3. SOLUTION
4. name Russian Federation
5. s.Matveevka February 02, 2015
6. Abdulinsky District Court of the Orenburg Region, consisting of:
7. presiding judge Popova M.V.,
8. under Secretary Dergunova N.N.,
9. with the participation of: plaintiff Bardynov S.R.,
10. representatives of the defendant - GU - Department of the Pension Fund of the Russian Federation in Bashlykova T.V., acting on the basis of a power of attorney dated DD.MM.YYYY No., Fedorina R.Kh., acting on the basis of a power of attorney dated DD.MM.YYYY No.,
11. examined in open court a civil case under the claim of Bardynova C.RV. to the GU - department of the Pension Fund of the Russian Federation on recognizing as illegal the decision to refuse to grant an early retirement pension, to include work periods in the pension experience and to grant a pension,

12. Installed:

13. Claimant Bardynov C.R. filed a lawsuit against the GU - department of the Pension Fund of the Russian Federation to recognize as illegal the decision to refuse to grant an early retirement pension, to include work periods in the pension experience and to grant a pension.
14. Taking into account the specified 18.12. 2014 of the year of claims, he asked to declare illegal the decision of the head of the department of the Pension Fund of the Russian Federation dated DD.MM.YYYY No. 54, on the refusal to include in the length of service giving the right to an early old-age retirement pension periods of work from DD.MM.YYYY to DD.MM .YYYY - diesel operator of drilling rigs of a geochemical party in the geological expedition of the Department of Geology of the TSSR (05 months 23 days), from DD.MM.YYYY to DD.MM.YYYY - driver in the field conditions of the Central Geophysical Expedition of the UG TSSR (9 months 14 days), from 09.03.1982 to 05/18/1991 - assistant driller of mechanical rotary drilling, drill rig operator of the geochemical party of the geochemical section of the geological expedition of the Department of Geology of the TSSR (09 years 02 months 10 days), from 05/22/1991. according to DD.MM.YYYY - assistant driller of an aerogeodetic enterprise (01 year 0 months 03 days), from DD.MM.YYYY to DD.MM.YYYY - operator of a drilling rig of a hydrogeological party in the Production Association "" Hydrogeological Trust (01 year 11 months 02 days), in total 13 years 04 months 22 days, to oblige the defendant to include the indicated periods in his work experience, giving the right to early appointment of an old-age pension in accordance with subparagraph 6, paragraph 1, article 27 of the Federal Law dated DD.MM.YYYY No. 173-F3 "On labor pensions in the Russian Federation" as a person who has worked for at least 12 years 6 months in expeditions, parties, detachments, in areas and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic hydrological works and assign him an old-age pension from the moment of applying for an old-age pension to the pension fund, from DD.MM.YYYY.
15. At the hearing the plaintiff Bardynov C.RV. claims supported on the grounds set out in the statement of claim and asked them to satisfy.
16. Representatives of the defendant - GU department of the Pension Fund of the Russian Federation in Bashlykova T.The. and Fedorina R.Kh. at the hearing the claims are not recognized and explained that Bardynov C.RV. applied on 01/10/2013. to the Department of the Pension Fund of the Russian Federation with an application for the appointment of an early retirement old-age pension in accordance with the Federal Law of December 17, 2001 No. 173-Ф3 “On labor pensions in the Russian Federation”. When applying for an early old-age retirement pension, S. R. Bardynov submitted a work book. The main criteria determining the right to early pension provision according to paragraph 6 of paragraph 1 of article 27 of Law No. 173-F3 are: permanent employment during a full working day in the performance of geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work; direct performance of field geological work; performance of geological work as part of an expedition, party, detachment, brigade or section. Work in geochemical parties at the geochemical site, at aerogeodetic enterprises is not provided for by this list of works. In accordance with the submitted documents, permanent employment and full-time employment in geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrographic, hydrological works are not confirmed; direct performance of field geological work as part of an expedition, party, detachment, brigade or section.
17. S DD.MM.YYYY Bardynov S.R. worked as a diesel operator of drilling rigs of a geochemical party in a geological expedition of the Department of Geology of the TSSR. In accordance with the "List of industries, workshops, professions and positions, work in which gives the right to a state pension on preferential terms and preferential rates", approved by the Decree of the Council of Ministers of the USSR of 22.08.1956. No. 1173, in force until 01/01/1992, the right to early retirement p. II "Geological exploration work" (geological, surveyors, prospecting, geological exploration, airborne, hydrogeological, and geophysical; logging parties, expeditions, field bases, detachments, hydrogeological stations) are used by diesel operators at drilling rigs. Diesel engines of drilling rigs and geochemical parties are not included in this List.
18. Since DD.MM.YYYY the plaintiff worked as a driver for work in the field conditions of the Central Geophysical Expedition of the UG TSSR. Work in this position is not provided for by the "List of industries, workshops, professions and
19. positions, work in which gives the right to a state pension on preferential terms and sizes, ”approved by the Decree of the Council of Ministers of the USSR of 22.08.1956. No. 1173.
20. S DD.MM.YYYY. The plaintiff worked as an assistant to a driller of mechanical rotary drilling, a machinist of a drilling rig of a geochemical party, a geochemical section of the geological expedition of the Department of Geology of the TSSR. In accordance with the "List approved by the Decree of the Council of Ministers of the USSR of 22.08.1956. No. 1173, which was in force until 01/01/1992, the right to early pension provision r. P "Exploration work" (geological, surveying, prospecting, geological exploration, air geological, hydrogeological, and geophysical; logging parties, expeditions, field bases, detachments, hydrogeological stations) are used by drillers (driller's assistants), machinists at drilling rigs. Drilling rig operator and geochemical parties, geochemical site are not included in this List.
21. S DD.MM.YYYY. the plaintiff worked as a pom. driller at an aerogeodetic enterprise. In accordance with the "List approved by the Decree of the Council of Ministers of the USSR of 22.08.1956. No. 1173, which was in force until 01/01/1992, the right to early retirement provision r. P "Geological exploration" (geological, surveying, prospecting, geological exploration, air geological, hydrogeological, and geophysical; logging parties, expeditions, field bases, detachments, hydrogeological stations) are used by drillers (driller's assistants). Aerogeodetic works are not provided for in this List.
22. S DD.MM.YYYY. List N 2 of productions, works is applied; occupations, positions and indicators with harmful and difficult working conditions, approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10, in which the section "Exploration work" is absent.
23. Bardynov S.R. with DD.MM.YYYY. worked as a driver of a drilling rig of a hydrogeological party in the Production Association "Turkmengeology" Hydrogeological Trust, permanent employment and full-time employment in geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrographic, hydrological works are not confirmed; direct performance of field geological work as part of an expedition, party, detachment, brigade or section.
24. It is believed that the plaintiff does not have the right to an early appointment of a pension, since his work has not been confirmed both at the jobs provided for and at the jobs provided for by the Federal Law of December 17, 2001 “On labor pensions in the Russian Federation”, therefore the decision of the head of the Pension Department Fund of the Russian Federation in dated DD.MM.YYYY No. from the refusal to appoint an early retirement old-age pension to Bardynov S.R. is legal.
25. From 01.01. 2015 The Federal Law of December 17, 2001 "On labor pensions in the Russian Federation" is not valid. Pension provision for citizens of the Russian Federation is carried out in accordance with the Federal Law of the Russian Federation "On Insurance Pensions" No. 400-FZ dated. The right to early appointment of an old-age pension in accordance with clause 6 of the said law is available to men upon reaching the age of 55 years, if they have worked for at least 12 years and 6 months in expeditions, parties, detachments, in areas and in brigades, directly in the field, geological exploration, prospecting, tapographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have an insurance record of at least 25 years. At the time of the decision to refuse to assign an old-age labor pension to Bardynov S.R. other documents, except for the work book, confirming his right to an early appointment of an old-age pension, were not provided by the plaintiff. The documents submitted by the plaintiff to the court are not translated into Russian, therefore they cannot be accepted by the pension fund. They asked in the lawsuit Bardynov S.R. refuse.
26. After hearing the parties, examining the case file, the court finds claims Bardynova C.RV. lawful, justified and subject to satisfaction on the following grounds.
27. As established at the hearing, Bardynov C.RV. at the age of 55, he applied for an early labor old-age pension in accordance with the Federal Law of December 17, 2001 No. 173 - FZ “On labor pensions in the Russian Federation”. By the decision of the head of the PFR Department in No. 04/08/2013, he was denied a pension due to the lack of special experience necessary for granting a pension. Duration as of the date of application insurance experience was 28 years 29 days, experience in accordance with paragraphs. 6 paragraph 1 of Art. 27 of the Federal Law of December 17, 2001 No. No. 173-F3 "On labor pensions" - 0 years 0 months 0 days, Length of service in accordance with paragraphs. 2 p.1 art. 27 of the Federal Law of December 17, 2001 No. No. 173-F3 "On labor pensions" - 0 years 2 months 25 days. When applying for an early labor pension for old age, Bardynov S.R. provided a work book, additional documents, namely certificates specifying the nature of the work were not presented.
28. As seen from the decision of the head of the PFR department in No. 08.04. 2013 are not counted in the length of service giving the right to early old-age pension in accordance with paragraphs. 6 p. 1 art. 27 of the Federal Law of December 17, 2001 No. No. 173-F3 "On labor pensions" for the following periods: with DD.MM.YYYY - a diesel operator of drilling rigs of a geochemical party in a geological expedition of the Department of Geology of the TSSR (05 months 23 days) on the basis that work in geochemical parties is not provided for by the List of Works, the employment of Bardynov S.R. has not been confirmed. on the performance of work that gives the right to an early appointment of a pension during a full working day and the direct performance of work in the field as part of an expedition, party, detachment, brigade or section. The period of work from DD.MM.YYYY to DD.MM.YYYY as a driver in the field conditions of the Central Geophysical Expedition of the UG TSSR (9 months 14 days) was not counted due to the fact that the employment of S.R. Bardynov was not confirmed. on the performance of work that gives the right to an early appointment of a pension during a full working day and the direct performance of work in the field as part of an expedition, party, detachment, brigade or section. The period of work with DD.MM.YYYY. assistant driller of mechanical rotary drilling, drill rig operator of the geochemical party of the geochemical section of the geological expedition of the Department of Geology of the TSSR (09 years 02 months 10 days) was not credited due to the fact that work in geochemical parties is not provided for by the list of works, the employment of Bardynov S.R. . on the performance of work that gives the right to an early appointment of a pension during a full working day and the direct performance of work in the field as part of an expedition, party, detachment, brigade or section. The period of work with DD.MM.YYYY. - assistant driller of an aerogeodetic enterprise (01 year 0 months 03 days), was not counted due to the fact that the employment of Bardynov S.R. was not confirmed. on the performance of work that gives the right to an early appointment of a pension during a full working day and the direct performance of work in the field as part of an expedition, party, detachment, brigade or section. The period of work with DD.MM.YYYY on DD.MM.YYYY - the operator of the drilling rig of the hydrogeological party in the Production Association "" Hydroleological Trust (01 year 11 months 02 days), was not counted due to the fact that the employment of Bardynov S. was not confirmed. R. on the performance of work that gives the right to an early appointment of a pension during a full working day and the direct performance of work in the field as part of an expedition, party, detachment, brigade or section.
29. In accordance with the Federal Law of DD.MM.YYYY N 173-FZ "On labor pensions in the Russian Federation", in force at the time of the appeal of Bardynov S.R. to the pension fund with an application for the appointment of a pension, an old-age labor pension is assigned before reaching the age established by Art. 7 of the Law, for men upon reaching the age of 55 years, if they have worked for at least 12 years 6 months in expeditions, parties, detachments, in areas and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and exploration work, and have insurance experience of at least 25 years.
30. Since 01/01/2015, Federal Law No. 173-F3 of December 17, 2001 "On labor pensions in the Russian Federation" has not been applied, with the exception of the rules governing the calculation of the amount of labor pensions and subject to application in order to determine the size of insurance pensions.
31. Since January 1, 2015, the provision of pensions for citizens of the Russian Federation is regulated by the norms of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”
32. According to the Federal Law of December 28, 2013 N 400 - "On Insurance Pensions", insurance pension in old age is appointed before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30, the following persons, men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, in areas and in brigades directly on field geological exploration, prospecting, topographic - geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have insurance experience of at least 25 years and 20 years, respectively.
33. A legally significant circumstance in deciding on the early appointment of an old-age labor pension in accordance with the specified norm of the Law is the confirmation of a combination of three conditions: 1) employment in the performance of geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work; 2) direct performance of these works in the field; 3) performance of the prescribed work as part of an expedition, party, detachment, brigade or section.
34. According to clauses 5 and 6 of the Rules for calculating periods of work, giving the right to early appointment of an old-age labor pension in accordance with and the Federal Law "On labor pensions in the Russian Federation", approved by the Government of the Russian Federation of July 11, 2002 N 516, in the length of service work that gives the right to an early appointment of an old-age labor pension, periods of work performed constantly during a full working day are counted.
35. According to paragraph 7 of these Rules, in case of early appointment of an old-age labor pension in connection with field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, forest management and survey work in expeditions, parties, detachments, at sites and brigades, the periods of these works directly in the field are taken into account in the following order: work from 6 months to one year - as one year; work less than 6 months - according to the actual duration.
36. By the Decree of the Ministry of Labor of the Russian Federation dated , issued on the basis of clause 2 of the Decree of the Council of Ministers of the RSFSR of 02.10.1991 N 517 "On pensions on preferential terms for old age (by age) and for length of service", the Explanation was approved, in accordance with clause 5 which the right to a pension in connection with special working conditions are employees who are constantly engaged in the performance of work provided for in the lists, during the full working day. A full working day is understood as the performance of work in the working conditions provided for by the lists, at least 80% of the working time.
37. The right to early retirement benefits for employees employed in geological exploration before 1992 can be considered in accordance with List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by the Decree of the Council of Ministers of the USSR of August 22, 1956 N 1173, or in accordance with the Federal Law "On labor pensions in the Russian Federation".
38. By virtue of par. 6 p. 2 of the Procedure for confirming periods of work giving the right to early appointment of an old-age labor pension, approved by the Ministry of Health and Social Development of the Russian Federation of March 31, 2011 N 258n periods of work in expeditions, parties, detachments, at sites and in brigades directly on field geological exploration, prospecting , topographic-geodesic, geophysical, hydrographic, hydrological, forest management and survey works are subject to confirmation.
39. Paragraph 4 of the above Procedure provides that in cases where data is needed on the nature of work and other factors (indicators) that determine the right to early appointment of an old-age labor pension, established for certain types of work (activity), for example, on the performance of work in a certain place ( locality) or structural subdivision, to confirm the periods of work, certificates are accepted, as well as other documents issued by employers or relevant state (municipal) bodies.
40. Certificates are issued on the basis of documents of the relevant period of time when the work was performed, from which it is possible to establish the period of work in a particular profession and position and (or) in specific jobs (under conditions) that give the right to early assignment of an old-age labor pension.
41. The certificates issued by employers indicate information about the periods of geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work in expeditions, parties, detachments, on sites and in brigades directly in the field.
42. Field conditions are special conditions for the production of geological exploration and topographic and geodetic works associated with the temporary unsettled work and life of workers and the placement of production facilities outside urban-type settlements.
43. In accordance with the clarifications contained in clause 8 of the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions of 04/02/1976 N 81/8 "On approval of the clarification" On the procedure for applying the Lists approved by the Decree of the Council of Ministers of the USSR of August 22, 1956 N 1173, if in the list If the professions of workers under the general name are included, then workers of all the names of these professions have the right to a pension on preferential terms and in preferential amounts.
44. Decree of the Government of the Russian Federation of July 24, 2002 N 555 "On approval of the Rules for calculating and confirming the length of service for establishing labor pensions" determines that the main document confirming the periods of work under an employment contract is a work book of the established form. In cases where the work book does not contain all the necessary information that determines the right to preferential pension coverage, the administration of the enterprise issues a clarifying certificate with reference to documents for the corresponding period of work of a particular employee.
45. According to the Civil Procedure Code of the Russian Federation, each party must prove the circumstances in which it
46. refers to the grounds for its claims and objections, unless otherwise provided by law.
47. From the letter of the Pension Fund of the Russian Federation dated March 19, 2004, it follows that if, according to the information contained in the work book, from the name of the organization and structural unit, it can be concluded about the production and work performed, and the name of the profession or position is directly provided for by Lists No. 1 and N 2, approved by the Decree of the Council of Ministers of the USSR of 08.22.1956 N 1173 or the Decree of the Cabinet of Ministers of the USSR of 01.26.1991 N 10, as well as "small Lists", then the period of work in this organization and position, which lasted until 01.01. 1992, it is recommended to count in the length of service in the relevant types of work without additional verification, including full-time permanent employment.
48. Thus, a pension under this subparagraph is assigned regardless of the profession or position held by the persons performing geological exploration and other work.
49. Work book in the name of Bardynov S.R. contains information about his work with
50. DD.MM.YYYY - diesel operator of geochemical drilling rigs in the geological expedition of the Department of Geology of the TSSR, with DD.MM.YYYY driver in the field conditions of the Central Geophysical Expedition of the UG TSSR, with DD.MM.YYYY. - assistant driller of mechanical rotary drilling, drilling operator installation of the geochemical party of the geochemical section of the geological expedition of the Department of Geology of the TSSR, with DD.MM.YYYY - assistant driller of the aerogeodetic enterprise, with DD.MM.YYYY - operator of the drilling rig of the hydrogeological party in the Production Association "" Hydrogeological Trust (01 year 11 months 02 days) .
51. The periods and nature of the work are further supported by the following evidence presented by the plaintiff:
52. -Certificate of the State Corporation geological expedition "" dated DD.MM.YYYY, from which it is seen that Bardynov S.R. DD.MM.YYYY of the year of birth, worked in the geological exploration expedition of the State Corporation "(formerly the geological expedition of the Department of Geology" as a diesel operator of drilling rigs with DD.MM.YYYY., as well as as an assistant to mechanical rotary drilling of 3,4,5 categories, a machinist drilling rig of the 5th category in the period from DD.MM.YYYY and was directly involved in field exploration work. was field work. Field work was carried out year-round. The work schedule of the party provided for a monthly trip to the field work at the beginning of the month, so orders were not issued separately for each employee. on expedition, payroll records.
53. - issuing an order
54. - issuance of order No.
55. - issuance of order No.
56. - extract from order No.
57. - A sample of field experience by day, from which it is seen that the field experience was accrued to Bardynov S.R. with DD.MM.YYYYy.
58. - Help
59. - extract from the order
60. - extract from order No.
61. Thus, the appropriate evidence confirmed the plaintiff's employment from DD.MM.YYYY to DD.MM.YYYY on the performance of exploration work and the performance of these works as part of an expedition, party.
62. A pension to persons who worked in expeditions, parties, detachments, in areas and in brigades directly under this subparagraph is assigned regardless of the profession or position held by the persons performing geological exploration and other work.
63. The court found that Bardynov C.RV. in controversial periods, he performed work as a diesel operator of drilling rigs, a driver, an assistant driller, i.e. was directly involved in the conduct and maintenance of the technological process of geological exploration, while constantly being in the field.
64. Since the conduct and maintenance of the technological process of geological exploration is associated with the presence of an employee in the field, the preferential nature of the work of the plaintiff was confirmed. Therefore, the defendant's arguments that the direct performance of work in the field conditions has not been established, the court considers unfounded.
65. By virtue of paragraph 5 of the clarifications of the Ministry of Labor of the Russian Federation dated May 22, 1996 N 5 "On the procedure for applying the Lists of industries, jobs, professions, positions and indicators, giving in accordance with articles 12, 78 and 78.1 of the Law of the RSFSR "On state pensions in the RSFSR", the right to a pension in connection with special working conditions are employees who are constantly engaged in the performance of work provided for in the lists during the full working day.
66. A full working day is understood as the performance of work in the working conditions provided for in the lists, at least 80 percent of the working time. At the same time, the specified time includes the time for performing preparatory and auxiliary work, and for workers performing work with the help of machines and mechanisms, also the time for performing repair work of a current nature and work on technical operation equipment. The specified time may include the time of performing work performed outside the workplace in order to ensure basic labor functions.
67. Determination and confirmation of full employment (at least 80% of working time) by work in a specific profession is the direct responsibility of the employer and is confirmed by the documents of the enterprise. The employer is responsible for the accuracy and objectivity of the information provided.
68. The work book was the main document about labor activity and the work experience of the employee prior to his registration as an insured person in accordance with the Federal Law “On Individual (Personalized) Accounting in the Compulsory Pension Insurance System.
69. According to the records in the work book, confirmed by archival certificates, during the disputed periods the plaintiff worked in expeditions, parties, detachments, at sites and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic works.
70. Evidence refuting the fact that during the disputed periods the plaintiff worked at jobs giving the right to early retirement, constantly, for a full working day, the defendant, in accordance with the Code of Civil Procedure of the Russian Federation, did not provide the court.
71. Taking into account the above provisions of regulatory legal acts and the established circumstances, the court, having assessed the evidence presented, concludes that the plaintiff during the periods DD.MM.YYYY performed work in expeditions, parties, detachments, at sites and in brigades directly on field exploration, prospecting, topographic-geodesic, geophysical, hydrographic works.
72. Giving an assessment to the arguments of the defendant's representatives that the special length of service of the plaintiff, giving the right to early appointment of an old-age pension, is not subject to the inclusion of his work in geochemical parties in the period from DD.MM.YYYY., since work in geochemical parties is not named by the List, the court did not takes them into account, since from the plaintiff's work book, certificates and extracts from the orders for the geological expedition of the Department of Geology of the TSSR, it is seen that Bardynov S.R. worked in the geochemical party, which was part of a permanent geological expedition and was engaged in geological work.
73. The court also does not agree with the arguments of the defendant's representatives that the period of his work with DD.MM.YYYY cannot be included in the special length of service of the plaintiff, giving the right to early appointment of an old-age pension. an assistant driller in an aerogeodetic enterprise on the grounds that work at aerogeodetic enterprises is not provided for by the List, while proceeding from the following. From the work book of Bardynov S.R. it is seen that he DD.MM.YYYY was dismissed from the geological exploration expedition of the Department of Geology of the TSSR in the order of transfer. DD.MM.YYYY was hired by an aerogeodetic enterprise as part of the Main Directorate of Geodesy and Cartography under the Council of Ministers of the USSR of an aerogeodetic enterprise, a driller of the 4th category. Aerogeological work is provided for by Section 2 of List No. 2, approved by the Decree of the Council of Ministers of the USSR No. 1173 of August 22, 1956, as well as work as a driller.
74. The defendant's arguments that the certificates clarifying the nature of the plaintiff's work are not translated into Russian, the court does not take into account, since from the certificate from DD.MM.YYYY it is seen that it was issued by a geological expedition, contains information about the periods and nature of the work claimant, the text of the references is made in Russian. From the certificate dated DD.MM.YYYY, it is seen that it was issued by the hydrogeological expedition of the State Corporation "and also contains information about the period and nature of the plaintiff's work. The help text is in Russian. The fact that the seals and stamps on the certificates are made in the language of the state in whose territory the named organizations are located - cannot deprive them of legal force. Together with other evidence available in the case, incl. with a work book, the court considers these certificates admissible evidence in the case.
75. The court does not take into account the arguments of the defendant that at the time of the decision to refuse the appointment of an early old-age pension to Bardynov C.R. DD.MM.YYYY the pension fund did not have the necessary information and documents confirming the right of Bardynov C.R. retired, since the case shows that Bardynov C.R. could not submit them within the established three-month period for reasons beyond his control, the requirements were requested and clarified by the pension fund department itself, requests were sent to another state.
76. At the hearing found, that Bardynov C.RV. appealed to the department of the pension fund of the Russian Federation for the appointment of an early retirement pension. On the specified date, taking into account the disputed periods, his special experience was 13 years 04 months 22 days with the required experience of 12 years 6 months and, in accordance with the Federal Law "On Labor Pensions in the Russian Federation", he had the right to assign an old-age labor pension in connection with work in expeditions, parties, detachments, on sites and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic works.
77. The plaintiff filed an application for the appointment of a labor pension during the validity period of DD.MM.YYYY No. 173-FE “On labor pensions in the Russian Federation”. According to this law, a labor pension is assigned from the date of applying for the specified pension, with the exception of
78. cases provided for in paragraph 4 of this article, but in all cases not earlier than from the day the right to the specified pension arises. The day of applying for a labor pension is the day when the body providing pensions receives the relevant application with all documents.
79. Therefore, the requirements of Bardynov S.R. oblige the defendant to assign him an early retirement pension from DD.MM.YYYY are reasonable and subject to satisfaction.
80. Guided by the Code of Civil Procedure of the Russian Federation, the court,
81. To recognize as illegal the decision of the State Institution - Department of the Pension Fund of the Russian Federation in No. DD.MM.YYYY to refuse to assign an old-age pension to Bardynov S.R.
82. To oblige the State institution - the department of the Pension Fund of the Russian Federation to include in the length of service giving the right to an early retirement old-age pension the periods of work for Bardynov S.R. from DD.MM.YYYY to DD.MM.YYYY - diesel operator of drilling rigs of a geochemical party in the geological expedition of the Department of Geology of the TSSR (05 months 23 days), from DD.MM.YYYY to DD.MM.YYYY - driver in the field conditions of the Central Geophysical expedition UG TSSR (9 months 14 days), with DD.MM.YYYY.- assistant driller of mechanical rotary drilling, drill rig operator of the geochemical party of the geochemical section of the geological expedition of the Department of Geology of the TSSR (09 years 02 months 10 days), with DD.MM. YYYY - assistant driller of the aerogeodetic enterprise (01 year 0 months 03 days), from DD.MM.YYYY to DD.MM.YYYY - driver of the drilling rig of the hydrogeological party in the Production Association "Turkmengeology" Hydroleological Trust (01 year 11 months 02 days).
83. To oblige the GU - department of the Pension Fund of the Russian Federation to assign an old-age pension to Bardynova S.R. with DD.MM.YYYY.
84. The decision can be appealed to the Orenburg Regional Court through the Abdulinsky District Court within a month from the date of the decision.
85. The reasoned decision was drawn up by DD.MM.YYYY.
86. Judge M.The. Popova

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

DD.MM.YYYY Kamensk-Shakhtinsky

Judge of the Kamensky District Court of the Rostov Region Yulova E.A.,

with:

plaintiff Tsyb G.G.;

representative of the plaintiff Tsyb G.G. - lawyer<адрес> <данные изъяты>A.V. Korobeinik, who submitted certificate No., warrant No.;

representative of the defendant State Institution "Management of the Pension Fund of the Russian Federation in<адрес>»- chief specialist-expert - legal adviser of the Main Directorate of the UPF of the Russian Federation in<адрес>Full name 1, acting on the basis of a power of attorney from DD.MM.YYYY No.;

under the secretary Kolesnikova M.A.;

examined in open court a civil case under the claim Tsyb T.T. to the State Institution "Management of the Pension Fund of the Russian Federation in<адрес>» on the recognition of illegal refusal to grant an early retirement pension in connection with work in difficult working conditions and on inclusion in a special seniority periods of work giving the right to an early retirement pension,

installed:

Tsyb G.G. applied to the court with a statement of claim against the State Institution "Office of the Pension Fund of the Russian Federation in<адрес>» on the recognition of the refusal to grant an early retirement pension due to work in difficult working conditions and on the inclusion in the special seniority of periods of work giving the right to an early retirement pension, while the plaintiff refers to the fact that DD.MM.YYYY he applied State Institution "Office of the Pension Fund of the Russian Federation in<адрес>» for the appointment of an early retirement old-age pension in connection with work in special working conditions - in accordance with paragraphs. 2 p. 1 art. 27 of Law No. DD.MM.YYYY "On labor pensions in the Russian Federation". DD.MM.YYYY in the appointment of an early labor pension (protocol No. from DD.MM.YYYY) he was partially denied. He was recognized as an insurance period of 31 years 8 months 28 days and a special period of 8 years 8 months 24 days. Total was not included in his special experience - 23 years 4 days. The reason for the refusal to grant an early retirement pension, as indicated in the above protocol, was that: in a number of records in the work book and certificates there is no record of direct employment in field work, in a number of records there is no information about personalized accounting. He believes that he was unlawfully denied an early retirement pension on the following grounds.

decided:

Claims Tsyb T.G. to the State Institution "Management of the Pension Fund of the Russian Federation in<адрес>» on the recognition of the refusal to grant an early labor pension due to work in difficult working conditions and on the inclusion in the special length of service periods of work that give the right to an early labor pension to satisfy.

To recognize as illegal the refusal of the State Institution "Office of the Pension Fund of the Russian Federation for<адрес>» in the appointment of Tsyb G.G., DD.MM.YYYY of the year of birth, early labor old-age pension in connection with work in difficult working conditions.

Oblige the State Institution "Office of the Pension Fund of the Russian Federation for<адрес>include in the special seniority Tsyb G.G., DD.MM.YYYY year of birth, periods of work giving the right to an early old-age retirement pension due to difficult working conditions: from DD.MM.YYYY to DD.MM.YYYY - senior tech. geologist<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - geologist<данные изъяты>; DD.MM.YYYY according to DD.MM.YYYY – senior geologist<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - field team geologist<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - geologist of the 2nd category<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - drilling rig operator of the 5th category<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - drilling rig operator of the 5th category<данные изъяты>; all DD.MM.YYYY year - drilling rig operator of the 5th category<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY - well test foreman at LLC "<данные изъяты>»; from DD.MM.YYYY to DD.MM.YYYY - foreman in oil and gas production CJSC "<данные изъяты>»

Assign and pay Tsyb GG, DD.MM.YYYY of the year of birth, an early retirement pension due to special working conditions from DD.MM.YYYY.

The decision can be appealed to the Rostov Regional Court through the Kamensky City Court within 10 days.

The reasoned text of the decision was made by DD.MM.YYYY.

Appeal ruling of the Investigative Committee for Civil Cases of the Moscow regional court dated May 21, 2014 in case N 33-9764/2014

Judicial Collegium for Civil Cases of the Moscow Regional Court consisting of:

presiding judge Rakunova L.I.,

judges Mertekhina M.V., Beklova Zh.V.,

under Secretary A. A. Potanina,

having considered in an open court session on May 21, 2014 the appeal of the Main Directorate of the UPF RF N 32 for Moscow and the Moscow Region against the decision of the Shatura City Court of the Moscow Region dated March 05, 2014

in the case on the suit of Krishtofik Tatyana Konstantinovna against the Main Directorate of the UPF of the Russian Federation N 32 for the city of Moscow and the Moscow Region on the recognition of the right to early appointment of a pension,

after hearing the report of Judge Mertekhin M.V.,

explanation representative plaintiff -Gorbunova H.The. (power of attorney), representatives of the defendant -Emelyanova A.The. and Kitaeva E.A. (power of attorney),

SET UP:

Krishtofik T. K. filed a lawsuit against the Main Directorate of the UPF RF N 32 for Moscow and the Moscow Region with demands to include periods of work in the length of service giving the right to early appointment of an old-age labor pension, recognition of the right to early appointment of an old-age pension and imposing the obligation to appoint an early labor pension for old age.

The requirements were motivated by the unlawful refusal of the defendant to include in her preferential service periods of work: in the Artemovskaya geological exploration expedition of the Primorsky Geological Administration as a technologist-geologist from 09/26/1982 to 12/31/1982 and from 05/02/1983 to 12/31/1983; the period of work in the Complex Geological Exploration Expedition of the Latvian Production Association for Geological Exploration "Latvgeologia" as a senior geotechnical technician in the Non-Metal Geological Party from 09/17/1985 to 03/16/1992 and the appointment of an early retirement pension from 08/28/2013.

The defendant denied the claim.

By decision of the court, the plaintiff's claims were satisfied in full.

Disagreeing with the decision, the defendant appeals against it on appeal, asks to cancel.

After checking the case file, discussing the arguments of the appeal, after listening to the persons who appeared, the panel of judges finds the decision of the court to be canceled.

The decision of the court must be legal and justified (part 1 of article 195 of the Code of Civil Procedure of the Russian Federation). A decision is legal when it is made in strict compliance with the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to this legal relationship.

In accordance with paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 23 of 12/19/2003. "On the court decision" the decision is justified when the facts relevant to the case are confirmed by the evidence examined by the court that meets the requirements of the law on their relevance and admissibility, and also when it contains exhaustive conclusions of the court arising from the established facts.

This decision of the Court of First Instance does not comply with the requirements of the law, based on the following.

The court established and is confirmed by the materials of the case that on August 28, 2013, the plaintiff applied to the pension fund with an application for the appointment of an early retirement old-age pension.

On September 5, 2013, she (the plaintiff) was denied the appointment of such a pension due to the lack of the required length of service.

The court, resolving the dispute and satisfying the claims, proceeded from the fact that the plaintiff's work during the disputed periods took place in the field for a full day, which is confirmed by archival certificates clarifying the nature of the work.

The panel of judges cannot agree with these conclusions of the court for the following reasons.

In accordance with paragraphs. 6 p. 1 art. 27 of the Federal Law "On labor pensions in the Russian Federation" N 173-FZ of December 17, 2000 1 year old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, for men upon reaching the age of 55 years, for women upon reaching the age of 50 years if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, teams, sites and brigades directly in the field of geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have an insurance at least 25 and 20 years of experience, respectively.

Clause 7 of the Rules for calculating periods of work giving the right to early appointment 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 N 516) in case of early appointment of an old-age labor pension in connection with field exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work in expeditions, parties, detachments, at sites and in brigades, the periods of the mentioned work directly in the field are taken into account in the following order : work from 6 months to one year - as one year; work less than 6 months - according to the actual duration.

According to paragraph 5 of the clarifications of the Ministry of Labor of the Russian Federation dated May 22, 1996 N 5 "On the procedure for applying the Lists of industries, jobs, professions, positions and indicators that give the right to preferential pension provision and a pension for long service" the right to a pension, due to special conditions of labor have employees who are constantly employed in the performance of work provided for by the Lists, during the full working day.

IN information letter The Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation dated November 27, 1998 N 06-28 / 10356 state the following: Article 133.1 of the Law of November 20, 1990 provides that the time of underground work performed before January 1, 1992, work with harmful working conditions and in hot shops, and as well as other work with difficult working conditions, giving until January 1, 1992 the right to receive a pension on preferential terms, is counted in the special length of service, taking into account which the old-age pension is assigned on a par with the works indicated respectively in paragraphs "a" and "b" "Article 12 of the Law of November 20, 1990. The decision on whether the relevant work gave the right to receive a pension on preferential terms before January 1, 1992, is carried out on the basis of legislative and other normative legal acts of the USSR that were in force before that date.

In accordance with Section II of List No. 2 of industries, workshops, professions and positions with difficult working conditions, work in which gives the right to a state pension on preferential terms and in preferential amounts, approved by Decree of the Council of Ministers of the USSR of August 22, 1956 N 1173, the right on preferential pension give the following works: geological, surveying, prospecting, exploration, air-geological, hydro-geological and geophysical; in logging parties, expeditions, field bases, detachments, hydrogeological stations.

Construction norms and rules SNiP 11-02-96 "Engineering surveys for construction. Basic provisions", approved by the Decree of the Ministry of Construction of the Russian Federation of October 29, 1996 N 18-77, define the concept of survey work - this is a complex of economic and technical studies of the construction area of ​​an object for various purposes giving necessary material for the project and estimates for its construction. When carrying out these works, geophysical, topographic-geodesic, geological exploration, hydrogeological, hydrometric and other geological methods for studying the upper layer of a part of the earth's crust in connection with the tasks of engineering construction can be used.

The right to early retirement benefits is given by field survey work performed by employees as part of survey (hydrological, hydrometric, geophysical, etc.) parties, detachments, expeditions, brigades, sections.

The criteria for employment in jobs that determine the right to early retirement in accordance with the specified subparagraph are the following factors that need to be confirmed by the employer or the insured person with the relevant documents: survey work; direct performance of field work; performance of survey work as part of an expedition, party, detachment, brigade or section.

According to the certificate dated September 24, 2012 N 115 issued by Artemovskaya Expedition JSC, the plaintiff was employed in field exploration work in a year-round field party with a full working day, full working week, payment of field allowances, directly participated in the technological process of geological exploration in 1982 - 170 days, in 1983 - 121 days, in 1984 - 1 year, in 1985 - 96 days (case file 23-24).

Satisfying the claims in terms of imposing on the defendant the obligation to include the periods from 09/26/1982 to 12/31/1982 and from 05/02/1983 to 12/31/1983 in the special work experience of the plaintiff, the court did not take into account that, on the basis of the specified For reference, these periods are already included by the Pension Fund in the special seniority of the plaintiff by the decision of the commission dated September 05, 2013, therefore, the recognition in this part of the commission’s decision as illegal with the obligation to include these periods in the special seniority of the plaintiff cannot be considered justified.

In accordance with the clarifying certificate of 04.02.2013 N 7 / 3-7 issued by the National Archives of Latvia, the plaintiff in the period from 17.09.1985 to 16.03.1992 worked in the Integrated Geological Exploration Expedition of the Latvian Production Association for Geological Exploration "Latvgeologiya" as a senior Geological Technician in the Non-Metal Geological Party (case sheets 25-26).

From article 168.1 of the Labor Code of the Russian Federation it follows that work in the field is work outside the permanent place of residence of the employee.

During the disputed periods of the plaintiff's work, the Regulations on the payment of field allowances to employees employed in geological exploration and topographic and geodetic works, approved by the Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 04.06.1986 N 209 / 12-66, in which the concept of "field conditions" is one of the main conditions for assigning a pension to geologists, related to the unsettled work and life of workers and the placement of production facilities outside urban-type settlements. Work in the field was accompanied by the payment of field allowances.

According to paragraph 1 of the Regulations, field allowances were paid to employees of detachments, sections, oil and gas exploration, parties and expeditions and organizations equated to them for the time of carrying out field exploration topographic and geodetic and related works in the area of ​​their activity to ensure the fulfillment of the tasks contained in their plans and work projects.

Thus, a legally significant circumstance when deciding on the early appointment of an old-age labor pension in accordance with paragraphs. 6 p. 1 art. 27 FZ of December 17, 2001 N 173-FZ is a confirmation of a set of conditions defined by law: employment in the performance of geological exploration, prospecting, topographic and geodetic, geophysical, hydrological, forest management and survey work; direct performance of these works in the field; performance of the prescribed work as part of an expedition, party, detachment, brigade or section.

Since the implementation of work in the field for a full day with the payment of field allowances during the periods: from 09/17/1985 to 05/31/1987, from 06/16/1989 to 07/31/1989, from 06/01/1990 to 08/26/1990 years, from 06/01/1991 to 09/31/1991, is confirmed by the above certificate, the judicial panel considers that these periods are to be included in the special experience.

At the same time, the Judicial Collegium considers the periods from 06/01/1987 to 02/09/1988, from 08/01/1989 to 05/31/1990, from 08/27/1990 to 05/31/1991, from 01.10 .1991 to 03/16/1992, since during these periods the plaintiff was not paid wages for field work.

In addition, from 08/27/1990 to 01/01/1991, according to the plaintiff's order, a shortened working week was established, thus the condition of permanent employment in the performance of work provided for by the Lists is not fulfilled for a full working day with a full working week.

At the same time, the period from 02/10/1988 to 06/16/1989 - leave without pay for childcare, is also not subject to inclusion in the special length of service, since the specified leave was not preceded by work under List No. 2.

Also, the Judicial Board draws attention to the fact that, according to the previous legislation, it was provided for the appointment of a pension with a decrease in age, since the disputed periods were counted as a special length of service according to List No. 2, approved by Decree of the Council of Ministers of the USSR of 08.22. of the new law, the position in which the plaintiff worked until 01.01.1992, is provided for by paragraph 6 of part 1 of Art. 27 FZ N 173 and is not provided for by the Lists.

Meanwhile, paragraph 6 of part 1 of Art. 27 of the Law does not provide for the possibility of assigning a pension with a reduction in the retirement age if there is at least half of the required length of service in the listed jobs and the presence of the necessary insurance experience.

Thus, the plaintiff for the appointment of a pension under the named paragraph 6 h. 1 Article. 27 of the Federal Law "On Labor Pensions in the Russian Federation" two conditions are necessary: ​​the age of 50 years and the experience in the relevant work for 10 years, which, taking into account the periods credited by the court and the defendant, she did not have at the date of applying for a pension.

Based on the foregoing, the decision of the court is subject to cancellation with a ruling on the case of a new decision.

Guided by Article 328 of the Code of Civil Procedure of the Russian Federation, the Judicial Board

DETERMINED:

Decide on the case a new decision, which in satisfaction of the requirement to recognize the refusal of the commission for consideration of issues of implementation pension rights of citizens dated September 05, 2013 N 637 illegal, the obligation of the Main Directorate of the UPF RF N 32 for Moscow and the Moscow Region to include Krishtofik Tatyana Konstantinovna in the grace period of work in the Artemovskaya geological exploration expedition of the Primorsky Geological Prospecting Department as a geologist from 26.09.1982 to December 31, 1982, from May 2, 1983 to December 31, 1983; periods of work as a senior technician-geologist of the Non-metallic geological party in the Integrated Geological Exploration Expedition of the Latvian Production Association for Geological Exploration "Latvgeologiya" from 06/01/1987 to 02/09/1988, from 02/10/1988 to 06/16/1989, from 08/01/1989 year to 05/31/1990, from 08/27/1990 to 05/31/1991, from 10/01/1991 to 03/16/1992 and to appoint an early retirement pension from 08/28/2013, refuse.

To oblige the GU UPF RF N 32 for Moscow and the Moscow Region to include Krishtofik Tatyana Konstantinovna in the preferential length of service for periods of work as a senior geotechnical technician of the Nonmetallic Geological Party in the Integrated Geological Exploration Expedition of the Latvian Production Association for Geological Exploration "Latvgeologia" from 17.09.1985 to 05/31/1987, from 06/16/1989 to 07/31/1989, from 06/01/1990 to 08/26/1990, from 06/01/1991 to 09/31/1991.

Satisfy the appeal in part.

presiding

1. The question of pension law When entering a preferential pension of 55 years according to sp No. 2 (field experience in geology), there was a shortage of total experience (25 years) Due to the fact that the period from 1994 to 2002 was working in Ukraine now in the DPR, and there are no documents in the archive; there is only a record in the labor record. How can this experience be verified? In addition, who can I turn to to make the correct calculation of the length of service based on certificates and a work book. Thank you.

1.1. Tatiana, Good evening. And where (in which country) will you draw up a pension? The correct calculation of the pension according to certificates and labor can be done by the department of the pension fund.

2. Work in geology as a sample washer is preferential for retirement.

2.1. Hello. According to the law, a preferential pension is provided for persons of the following professional categories:
teaching staff;
medical workers of health care institutions;
actors of theaters and theatrical and entertainment organizations.
underground workers, workers with harmful conditions, as well as workers in hot shops;
persons working in difficult working conditions;
women who worked as tractor drivers in agriculture or as drivers of road, construction and material handling machines. Male machinists are not included in this category;
women workers in textile factories engaged in work with increased physical activity;
working locomotive crews, drivers trucks in mines, as well as persons whose work is related to the organization of transportation and traffic safety on railway transport and in the subway;
employees of expeditions, parties, detachments in the field of geological exploration, prospecting, geophysical and other works;
brigade machine operators at loading and unloading operations in ports;
persons working in logging and timber rafting;
employees of seafarers on ships of the sea, river and fishing fleet;
drivers of urban passenger transport;
persons who worked full-time in mining operations for the extraction of minerals and in the construction of mines and mines;
employees of ships of the marine fishing fleet engaged in the extraction and processing of fish and seafood;
civil aviation flight personnel;
persons whose work is related to the direct flight control of civil aviation aircraft;
employees of engineering and technical teams directly servicing civil aircraft;
rescuers of professional emergency rescue services involved in the elimination of emergency situations;
workers and employees of colonies and prisons;
employees of the State Fire Service;
It should be borne in mind that early retirement old-age pension for these categories of persons, as a rule, is established if there is a certain work experience, insurance period, as well as upon reaching the required age. A separate rule regulates the early appointment of a pension to persons who worked in flight test teams who were directly involved in flight tests. A pension can be established for them if they have an individual pension coefficient of 30 and work experience of 25 years for men and 20 years for women.

3. She retired at the age of 52 in Uzbekistan (working in geology in the USSR) in 2014, having arrived in the Russian Federation and received citizenship, she was awarded an old-age pension. I turned 60 years old and accrued minimum pension. Is it possible to return the harmfulness pension (according to the 2nd grid - work in geology) and how to do it? Thank you.

3.1. Hello, Vera Alexandrovna!
It is necessary to submit a request to the Pension Fund of the Russian Federation in accordance with Federal Law No. 59 on the procedure for considering citizens' appeals with the provision of a calculation table. Then you can make a right estimate of the calculation. If you have any questions, please contact me, I'll be happy to help.

4. I was denied a pension for preferential service (I am a geologist), motivating the refusal by the fact that the department of engineering surveys is not provided for in clause 6, clause 1, article 27 of Federal Law No. 173. The department of engineering surveys is engaged in survey work in the field as part of the OJSC (former exploration expedition).
Preferential experience (geologist) - 9 years and 7 months was worked out until 2002. Thank you in advance.

4.1. When determining the right to early appointment of an old-age labor pension in accordance with paragraphs. 6 p. 1 art. 27 of the Law on Labor Pensions, it should be borne in mind that when assigning this pension, it does not matter for what purposes and by which organizations geological exploration, prospecting, topographic and geodetic, geophysical, hydrogeological, hydrographic, forest management and prospecting work is carried out. In this case, it is necessary to confirm that certain works performed relate to the works listed in the specified subparagraph.
Survey work is a complex of economic and technical studies of the construction area of ​​an object for various purposes, providing the necessary material for the project and estimates for its construction. When carrying out these works, geophysical, topographic and geodetic, geological exploration, hydrogeological, hydrometric and other geological methods for studying the upper layer of a part of the earth's crust in connection with the tasks of engineering construction can be used.
In accordance with the building codes and regulations "Engineering surveys for construction", survey work includes studies of the corrosive properties of the soil of the earth's surface in relation to metal.
The specified works are, as a rule, carried out by survey expeditions and parties of specialized organizations of the Gosstroy of Russia.
Currently, organizations of various sectors of the economy are carrying out field work for the purpose of paleontology, conducting an inventory of lands, introducing a state land cadastre, land surveying, land management, determining the boundaries of hunting farms, forest parks, anti-corrosion studies of pipelines, gas pipelines, etc. using geological research methods. These works can be carried out both by expeditions and by permanently working organizations.
Since neither pension legislation nor other regulatory legal acts give a clear definition of survey work, when considering the issue of early assignment of an old-age labor pension in accordance with paragraphs. 6 p. 1 art. 27 of the Law on Labor Pensions, the bodies providing pensions, in each specific case must require from the employer or the insured person documents confirming that the studies being carried out, not related to the tasks of engineering construction, relate to survey work.
The documents that are the basis for considering issues of the right to early retirement benefits for employees of research organizations sent to field work include: orders for sending to field work, orders for the payment of field allowances, field work programs of expeditions, thematic plans research works, reports on the results of the work performed, civil law contracts on the performance of work and the provision of services, and others.
Based on the foregoing, and based on your question, upon receipt of a refusal to assign a pension on preferential terms, it must be appealed against in court without fail. The term for appeal is 3 months from the date of receipt of the Refusal

8-922-214-77-88 preparation of applications to the court

5. They appointed a pension, a preferential pension, as a geologist who worked in the field for more than 12.5 years, while submitting documents on May 06, 2009, the decision was made only in February 2010, although they were appointed from the date of application. So you have to pay for 10 months. Yesterday money was transferred to the card - 49053.46 rubles. This is 4905 rubles per month! Is there such a pension in Moscow? How can I understand how the PF counted these crumbs for me? I have 25 years of experience, I am a Labor Veteran, the salary was high (coefficient 1.6) ..

5.1. you should contact the pension fund in order to clarify this issue to you, the formula for calculating the pension is defined in the Law "On Labor Pensions in the Russian Federation".

6. According to the law on labor pensions of 2002, I did not have enough preferential service (field work, geologist), although I earned it back in 1991. Pochinok caught on and at the end of 2003 explained that this was wrong, and the preferential length of service is considered at the time of its development. Therefore, they did not accept my documents (there are letters from the Pension Fund for my appeals), and in January 2004 they accepted and assigned a pension from August 2002, the amount of the pension was determined according to the norms of August 2002, and I received a pension for the first time (the entire amount from August 2002 year) in July 2004. In my opinion, it was necessary to take the amount of the pension according to the norms for accepting documents, i.e. as of January 2004, and the fact that documents have not been accepted since August 2002 is not my fault. The purchasing power of the ruble in August 2002 and January 2004 is different. Thank you in advance.

6.1. No, perhaps. The pension is still assigned according to the norms at the time of application (with relevant documents), but in your case, the date of the initial application is considered the moment of application and documents submission.

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

DD.MM.YYYY

With. Departures address

Uletovsky district court address in the composition

presiding judge Kryukova O.N.,

at the secretary FULL NAME5,

with the participation of the plaintiff FULL NAME1,

representative of the defendant FULL NAME6,

Having considered in open court a civil case on a claim FULL NAME1 to the Office of the Pension Fund of the Russian Federation ( government agency) to the region (inter-district) on the restoration of the violated right to a pension, the recovery of a lost pension,

installed:

FULL NAME1 filed a lawsuit against the Office of the Pension Fund of the Russian Federation (state institution) against the region (interdistrict) to restore the violated right to a pension, recover the lost pension, arguing as follows: in the exploration party No. Sosnovskaya expedition, he began working with DD.MM. YYYY assistant driller of the 3rd category of mechanical rotary drilling. DD.MM.YYYY was transferred as a driver of all brands of vehicles and worked directly in the field exploration work with a full-time job d. XXX years 10 months 7 days with the payment of field allowances, which gives the right to preferential pension provision. By order No. DD.MM.YYYY, the Sosnovskaya expedition was renamed the Sosnovsky Production Geological Association. On November 23, 1988, he was dismissed due to the transfer to the Khiloksky timber industry enterprise and DD.MM.YYYY was accepted by the transfer to the Leninsky lumber station of the Khiloksky LPH as a driver of a timber truck of all brands and from DD.MM.YYYY to DD.MM.YYYY he worked in the Arey complex timber processing plant as a driver of a timber truck of all brands.

In connection with reaching the age of 55, he applied to the Office of the Pension Fund of the Russian Federation with a statement on the appointment of an early old-age labor pension, in accordance with Art. 27 of the Federal Law No. "On labor pensions in the Russian Federation". The Commission for Consideration of the Implementation of Pension Rights of Insured Persons determined that the insurance period is 32 years 8 months 11 days, the special period is 4 years 1 month 20 days. The periods of work as a driver of cars of all brands of the exploration party No. Sosnovskaya Expedition were not included in the special length of service necessary for the appointment of an early retirement pension: from DD.MM.YYYY to DD.MM.YYYY - 7 years 5 months 15 days; from DD.MM.YYYY to DD.MM.YYYY - 11 months 9 days; from DD.MM.YYYY to 09 to DD.MM.YYYY - 23 days; from DD.MM.YYYY to DD.MM.YYYY - 1 year 4 months 7 days. Thus, the special experience of 9 years 9 months 23 days is not counted.

He considers the refusal of the Pension Fund of the Russian Federation to the region in assigning him a labor pension on preferential terms significantly violated his rights. He asks to restore the violated rights to an early retirement pension, viz. Recognize the periods of work as preferential experience: from DD.MM.YYYY to DD.MM.YYYY in the field exploration party No. as a driver of technological transport directly on field exploration works with a full working day, with the payment of field allowances (7 years 5 months 15 days) ; from DD.MM.YYYY to DD.MM.YYYY in the field exploration party No. as a driver of technological transport directly on field exploration works with a full working day, with the payment of field allowances (11 months 9 days); from DD.MM.YYYY to DD.MM.YYYY similarly to the previous period (23 days); from DD.MM.YYYY to DD.MM.YYYY in the field exploration party No. as a driver of technological transport directly on field exploration works with a full time, with payment of field allowances (1 year 4 months 7 days). Include these periods in the special length of service 9 lek 9 months 23 days for the appointment of a preferential pension. Collect from the Office of the Pension Fund of the Russian Federation (state institution) to the address of the region (interdistrict) the lost pension in connection with the refusal to issue a pension from the date of applying to the court.

At the hearing, the plaintiff FULL NAME1 supported the claims, the court gave explanations similar to the content statement of claim, adding that he bases his claims on an archival certificate issued to him on DD.MM.YYYY, in which Firsov, deputy director of the Baikal branch of the Sosnovsky PGO, informed him that his experience directly in field exploration work with a full time is 10 years 10 months, with the payment of field allowance, which gives the right to preferential pension provision on the basis of list 2 of section 2, paragraph “a”, approved by Decree FULL NAME4 of the Ministers of 1956.

The representative of the defendant - the Office of the Pension Fund of the Russian Federation (state institution) to the edge (interdistrict) - on the basis of the power of attorney FULL NAME6 did not recognize the claims, the court explained that the Office of the Pension Fund of the Russian Federation (state institution) to the edge (interdistrict) refused FULL NAME1 Anatoly Mikhailovich in the appointment early labor pension in accordance with paragraph 2 of subparagraph 2 of paragraph 1 of Article 27 of the Federal Law "On labor pensions in the Russian Federation" dated DD.MM.YYYY No. 173-FZ ..

According to the archival certificate No. DD.MM.YYYY issued by the Baikal branch of Sosnovgeologiya, confirming the plaintiff's full-time employment directly in the field exploration work, with the payment of field allowances, there are no indications of orders and payroll sheets by years on the basis of the issuance of the certificate. , on any documents evidencing the performance of work in the field. Therefore, such a certificate cannot be sufficient and reliable evidence confirming the nature and working conditions of the applicant, provided for by law. In fact preferential work conducted a documentary check, reflected in the act of DD.MM.YYYY According to this check, the direct employment of FULL NAME1 in the technological process of the relevant work in the field is not traced, there is no information confirming full-time employment directly in exploration and prospecting work. According to this act, during the disputed periods of work, the plaintiff is listed as: “a substitute driver of all brands of vehicles and, if necessary, on duty at drilling rigs and the delivery of clay mud (1979)”, “a driver in a field detachment during the period of Zaikov’s illness (1981)”, “seconded to the military training camp for a period of 90 days (1982)". In the book of orders for 1984, orders for FULL NAME1 A.M. are not viewed. He believes that the decision to refuse to assign an early retirement pension to the applicant was made lawfully, subject to the required conditions provided for by the above legislation governing the granting of the right to early retirement. early retirement provision, and the appointment of a pension is unreasonable and unsatisfactory.

Witness FULL NAME7 explained to the court that together with the applicant she worked as part of the field exploration party No. Sosnovsky PGO. He remembers that the applicant DD.MM.YYYY worked on a logging machine, DD.MM.YYYY worked on a rotational machine, drove people to drilling rigs, to an adit, DD.MM.YYYY worked on a bus, once worked on a water carrier. The applicant worked on different machines, was assigned to one machine, but, if necessary, could work on another machine. Field allowance was paid to all employees of the exploration party without exception.

Witness FULL NAME8 explained to the court that he worked together with the applicant and worked as part of the field exploration party No. Sosnovsky PGO from 1978 to 1988. He worked as a driver of a logging, water-carrying machine, just like the applicant. They interchanged each other if necessary.

Witness FULL NAME9 explained to the court that she worked as part of the field exploration party No. Sosnovsky PGO as well as the applicant as a driver of cars of all brands, and he and the applicant received field allowances, so he receives a preferential pension.

The court, after hearing the parties, having studied the case file, comes to the conclusion that the claims are unenforceable. Coming to this conclusion, court proceeds from the following.

DD.MM.YYYY plaintiff FULL NAME1, born DD.MM.YYYY, applied to the UPFR to the region (interdistrict) with a statement on the appointment of an early retirement old-age pension in accordance with paragraph 2 of subparagraph 2 of paragraph 1 of article 27 of the Law "On labor pensions in the Russian Federation" dated DD.MM.YYYY No. 173-FZ.

FULL NAME2 (state institution) to the edge (interdistrict) No. DD.MM.YYYY the applicant was denied an early retirement pension due to the fact that at the time of the application the special length of service was 4 years 1 month 20 days. The insurance experience was 32 years 8 months 11 days.

In accordance with subparagraph 2 of paragraph 1 of Article 27 of the Law "On Labor Pensions in the Russian Federation", an old-age labor pension is assigned to men upon reaching the age of 55 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and have an insurance record of her less than 25 years old. In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, they are assigned a labor pension from the age provided for in Article 7 of the said law, for one year for every 2 years and 6 months of such work for men.

The right to early retirement provision is determined in accordance with the Lists No. and No. of industries, workshops, professions, positions and indicators approved by resolution FULL NAME3 dated DD.MM.YYYY No. and the Rules for calculating periods of work giving the right to early appointment of an old-age labor pension in in accordance with Articles 27 and 28 of Federal Law No. 173-FZ, approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY No.

For periods of work before DD.MM.YYYY, Lists No. I and No. of industries, workshops, professions and positions approved by Resolution FULL NAME4 from DD.MM.YYYY No.

Controversial periods of work of the applicant:

from DD.MM.YYYY to DD.MM.YYYY,

from DD.MM.YYYY to DD.MM.YYYY,

from DD.MM.YYYY to DD.MM.YYYY,

from DD.MM.YYYY to DD.MM.YYYY, as a driver of all brands of vehicles of the exploration party No. Sosnovskaya expedition, the Pension Fund Administration did not count in the special experience. The court agrees with the decision of the Pension Fund, since according to the List No. (1956) this position is not provided, in accordance with paragraphs. 1 p. 6 art. 27 of the Law "On Labor Pensions in the Russian Federation", an early pension is assigned for work in expeditions, parties, detachments, in areas and in brigades directly in the field of geological exploration, prospecting, topographic and geodetic, geophysical, hydrological, forest management and survey work. The provided documents and the act of verification dated DD.MM.YYYY do not confirm this employment.

The right to early retirement in accordance with subparagraph 1 of paragraph 6 of Article 27 of the Law "On Labor Pensions in the Russian Federation" is granted to employees subject to the condition of full-time employment in field exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work. Geological exploration is a complex of geological and special types of research for the industrial evaluation of mineral deposits. Geological exploration includes geological survey, prospecting (search for new deposits) and exploration (determination of the quantity and quality of a mineral found in a deposit). The technological process of geological exploration, along with prospecting and exploration, may also include work on the enrichment of minerals in order to determine their qualitative and quantitative characteristics.

Also a necessary condition for early retirement is the direct performance of these works in the field. The concept of "field conditions" is contained in the Regulations on the payment of field allowances to employees of geological exploration and topographic and geodetic works, approved by the Decree of the Ministry of Labor of Russia dated DD.MM.YYYY No. Field conditions are special conditions for the production of geological exploration and topographic and geodetic work associated with the unsettled work and life of workers and the placement of production facilities outside urban-type settlements. The procedure for accounting for work in the field is established by the organization and formalized by order. Workers employed in the field are paid field allowances. Field allowances are paid both to workers directly involved in field work, and to those workers who are not directly employed at field work sites, but perform geological cameral work at the bases of geological exploration organizations or serve geological organizations. Information about the performance of work in the field may be contained: in orders for sending to field work, in field diaries, sampling logs, logs of documentation of mine workings indicating the place of their performance, documents confirming receipt of field allowances, etc. The payment of a field allowance to a worker serves as an indirect confirmation of the completion of field work. But this fact is not enough to conclude on the right to the pension in question, since the field allowance is paid not only to workers directly performing geological and other work listed in this norm, i.e. employed in the technological process of such works. It is also received by workers engaged in servicing expeditions, parties, detachments, for example, cooks, storekeepers, employees of schools, medical, cultural and educational institutions, who have the right to a pension at a reduced retirement age do not use.

Also, a necessary condition for early retirement is the performance of the prescribed work as part of an expedition, party, detachment, brigade or sections. In accordance with clause 6 of the Rules for calculating and confirming the length of service for establishing labor pensions, approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY No., the main document confirming the periods of work under an employment contract is a work book of the established form. In the absence of a work book, as well as in the case when the work book contains incorrect and inaccurate information or there are no records of individual periods of work, written employment contracts are accepted to confirm the periods of work, drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arises, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and payroll statements. According to paragraph 45 of the Rules, the responsibility for organizing work on the maintenance, storage, accounting and issuance of work books and inserts in them rests with the employer in the person of a specially authorized employee appointed by order (instruction).

According to Article 13 of the Law "On Labor Pensions in the Russian Federation", when calculating the length of service, the periods of work and (or) other activities prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance" are confirmed documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies. The nature of the work is not confirmed by the testimony of witnesses. When data on the nature and working conditions are necessary to determine the right to early retirement benefits, these circumstances must be confirmed by relevant documents containing the necessary information, issued in the prescribed manner by employers or relevant state (municipal) bodies. In the absence of documentary confirmation of the compliance of the nature and working conditions of the work performed by the employee with the nature and working conditions, giving the right to early retirement benefits, grounds for early appointment there is no labor pension.

In accordance with clause 40 of Rules No., documents issued to confirm periods of work, periods of other activities and other periods provided for in clause 2 of these Rules must contain the number and date of issue, last name, first name, patronymic of the insured person to whom the document is issued, number, month and year of his birth, place of work, period of work, profession (position), grounds for their issuance (orders, personal accounts and other documents), specified by year. Clause 2 of the Resolution of the Rules No. the right to establish the identity of professions, positions and organizations (structural divisions) provided for in Article 27 of the federal law "on labor pensions in the Russian Federation", as well as lists of jobs, professions, positions, specialties and institutions, taking into account which early appointment old-age labor pension, the same professions, positions and organizations (structural divisions), which previously had other names, were granted to the Ministry of Health and social development of the Russian Federation in agreement with the Pension Fund of the Russian Federation on the proposal of the federal executive authorities and in agreement with the Pension Fund of the Russian Federation.

According to FULL NAME2 Head of the Pension Fund of the Russian Federation (public institution) in the city address (interdistrict) № from DD.MM.YYYY, FULL NAME1 denied appointment of early retirement old-age pension in accordance with paragraphs. 2 p. 1 art. 27 of Federal Law No. 173-FZ dated DD.MM.YYYY “On labor pensions in the Russian Federation” (case sheets 11-14);

According to a copy of the workbook FULL NAME1 plaintiff DD.MM.YYYY adopted in the exploration party 140 Sosnovskaya expedition assistant driller 3 category mechanical rotary drilling; DD.MM.YYYY translated by the driver of all brands of cars. Based on the order of the Ministry of Energy of the USSR No. DD.MM.YYYY, the expedition was renamed the Sosnovskoye Production Geological Association. DD.MM.YYYY the applicant was dismissed by way of transfer to another employer (case sheets 15-23).

According to the amendments of the Baikal branch "Sosnovgeologiya" No. from DD.MM.YYYY, FULL NAME1 worked in the exploration party No. Sosnovsky PGO from DD.MM.YYYY to DD.MM.YYYY. The certificate is given on the basis of payroll records (case sheet 24).

In accordance with the archival certificate from the administration of the municipal district "Uletovsky District" address No. DD.MM.YYYY, there is no information about the applicant's work in the exploration party No. in 1978-1988 (case sheet 35-37).

According to the archival certificate of the Sosnovsky State Geological Enterprise No. from DD.MM.YYYY, FULL NAME1 worked as part of the field exploration party No. Sosnovsky PGO as an assistant driller, driver directly in the field exploration work in the period from DD.MM.YYYY to DD.MM.YYYY , with full-time work in the following periods: with DD.MM.YYYY as an assistant driller, with DD.MM.YYYY as a driver for servicing drilling rigs, from DD.MM.YYYY to DD.MM.YYYY as a driver for servicing prospecting, mining operations ( ld 39). Total field work 10 years 10 months 7 days, which gives the right to preferential pension provision on the basis of paragraph "e" of Art. 12 of the Law of the RSFSR on state pensions (case sheet 38).

From DD.MM.YYYY to DD.MM.YYYY, on the basis of order No. - k from DD.MM.YYYY, the applicant worked as a drilling rig service driver;

From DD.MM.YYYY to DD.MM.YYYY, on the basis of Order No. - k dated DD.MM.YYYY, the applicant worked as a driver for maintenance of prospecting mining operations.

However, according to the applicant's work book, he worked from DD.MM.YYYY to DD.MM.YYYY as a driver of all makes of cars. According to the act, based on the results of a documentary verification of the fact of the applicant’s work, in order No. - k from DD.MM.YYYY, it appears that the applicant was transferred by the driver of all brands of cars, he was assigned a ZIL car - 157 water carrier; order No. - k dated DD.MM.YYYY states that the applicant received an additional payment of 30% of the tariff rate for an increase in the scope of work (maintenance of the second logging vehicle), order No. - k dated DD.MM.YYYY states that the applicant necessary, he was borrowed for duty on drilling units and for the delivery of mud; Order No. – k dated DD.MM.YYYY states that the applicant has been appointed as a driver of GAZ-66 special vehicles for maintenance of mining, drilling and prospecting operations. Pay by piecework; in order No. - k dated DD.MM.YYYY, it is indicated that the applicant for an increase in the volume of work (maintenance of the second PAZ car) should make an additional payment in the amount of No.%. The investigated act, containing all orders issued in relation to the applicant, does not confirm his full-time employment in field exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management or survey work, direct performance of these works in the field

Thus, having examined the evidence in their totality, the court comes to the conclusion that the claims are unenforceable.

Based on the foregoing, guided by Articles 194-199 of the Code of Civil Procedure of the Russian Federation, the court

decided:

To satisfy the claims of FULL NAME1 to the Office of the Pension Fund of the Russian Federation (state institution) against the region (interdistrict) on the restoration of violated rights to an early retirement pension for old age, the inclusion of periods of work in preferential service, the recovery of a short-received pension as a result of a refusal to apply for a pension, to refuse .

The decision can be appealed to the Judicial Collegium for Civil Cases of the address court within ten days from the date of the final decision by filing a cassation appeal with the Uletovsky District Court.

The final decision was made on DD.MM.YYYY.

presiding Oh.GN. Kryukov