Is the profession "assistant educator" included in the list of positions of pedagogical workers, what requirements should be for qualifications. Can the head teacher put the assistant teacher in one group on an ongoing basis. Can there be a privilege for an assistant educator with a pedagogical education. Vladlen.

Answer: the position of assistant educator does not apply to pedagogical workers according to:

1) Decree of the Government of the Russian Federation of October 29, 2002 N 781 “On the lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is early assigned in accordance with Article 27 of the Federal Law “On labor pensions in Russian Federation”, and on the approval of the Rules for calculating periods of work, giving the right to early appointment of an old-age labor pension in accordance with Article 27 of the Federal Law “On labor pensions in the Russian Federation”; (this document defines the criteria for teaching experience for the early appointment of a labor pension);

2) Nomenclature of positions of teaching staff of organizations that carry out educational activities, management positions educational organizations(approved by Decree of the Government of the Russian Federation of August 8, 2013 N 678).

But in pp. 2.3.2. letter of the Ministry of Education of the Russian Federation dated March 29, 2001 N 20-52-1350 / 20-5 “On wages and requirements for assessing the qualifications of employees of educational institutions”, it was established: “calculation of seniority pedagogical work is carried out taking into account the time of work in the position of a junior educator (assistant educator), if during the specified period the employee had a pedagogical education or studied at a pedagogical educational institution and, upon graduation, began teaching activities.

That is, if in the future the assistant educator receives an appropriate education and becomes a teacher, then the work experience of the assistant educator should be counted as teaching experience on the basis of paragraphs. 2.3.2 letters of the Ministry of Education of the Russian Federation dated March 29, 2001 N 20-52-1350 / 20-5.

The requirements for the qualification of an assistant educator are indicated in the order of the Ministry of Health and Social Development of the Russian Federation of August 26, 2010 N 761n (as amended on May 31, 2011) “On Approval of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees, section “Qualification Characteristics of the Positions of Educational Workers”

Labor duties of an assistant educator (as well as another employee), including the condition of working in “one group on a permanent basis”, according to Art. 21 of the Labor Code of the Russian Federation are determined in the employment contract.

That is, if there is a condition in the employment contract for the work of an assistant educator in “one group on an ongoing basis”, the head can realize this.

Vladimir Korzhov, lawyer.

I thank N.P. Kozlov, V.N. Selivanov (village of Batyrevo, Chuvash Republic), and T.F. Samigullin (village of N. Kiner, Republic of Tatarstan) for the idea of ​​the article. See also No. 34/04 and No. 6/05.

Teaching experience is a type of special seniority worker. It represents the total duration labor activity in educational institutions (EI) in positions related to the educational process. Labor legislation with this type of experience connects the possibility of appointing a teacher not only an old-age labor pension, but also determining the amount of wages and providing a long vacation for up to one year. Pedagogical experience is of a certain importance when applying for a job in an educational institution and passing certification for a qualification category, as well as in the implementation of the procedure for submitting to state awards.

In regulatory legal acts, this experience is referred to as the experience of pedagogical work, or, more narrowly, the experience of teaching.

This length of service does not include all the pedagogical activities of employees, but only those periods when the employee performed official duties corresponding to the Lists of professions, positions, specialties in educational and other institutions. If the name of the position or institution in which the teacher works is not included in these Lists, then such a period is not counted in the experience of pedagogical activity.

There are several types of teaching experience, depending on the purpose of its appointment. The peculiarity of determining the periods of labor activity as pedagogical is also determined by the Procedures for calculating the length of service, which are established by the Government of the Russian Federation. So, for example, in some cases, studying in pedagogical educational institutions, service in Armed Forces The USSR and the Russian Federation are counted as teaching experience, but only in a certain combination of periods of work.

A feature of determining the length of service of pedagogical activity is that the restrictions imposed by the government of the Russian Federation on offsetting the periods of work of teachers can change with the adoption of new regulatory legal acts.

Pedagogical experience, along with the presence of special education and a qualification category, is an essential condition for concluding a teacher's employment contract. An important point here should be considered the procedure for calculating the periods of labor activity, which can be attributed to the experience of pedagogical work in order to establish the category of wages.

According to the letter of the Ministry of Education and Science of the Russian Federation No. AF-97 of October 26, 2004, the main document for determining the length of service in pedagogical work is a work book.

The experience of pedagogical work, not confirmed by entries in the work book, can be established on the basis of properly executed certificates signed by the heads of the relevant institutions, sealed and issued on the basis of documents confirming the length of service in the specialty (orders, service and pay lists, personnel records, time books, archival inventories, etc.). References must contain data on the name of the educational institution, on the position and time of work in this position, on the date of issue of the certificate, as well as information on the basis of which the certificate of work was issued.

In case of loss of documents on the experience of pedagogical work, the specified experience can be established on the basis of certificates from previous places of work or on the basis of written statements of two witnesses, whose signatures must be notarized. Witnesses can confirm the experience only for the period of joint work. In exceptional cases, when it is not possible to confirm the length of service by the testimony of witnesses who knew the worker for joint work and for the period of this work, the bodies subordinate to which the OS is located may accept the testimony of witnesses who knew the worker for joint work in one system.

In addition, the Decree of the Ministry of Labor of Russia dated 06.24.1994 No. 50 determines that in cases of mass loss of documents on the length of service as a result of emergency situations (environmental and man-made disasters, natural disasters, mass riots, etc.), the length of service of employees is established by the commissions for establishing the length of service created by the executive authorities of the constituent entities of the Russian Federation. Establishment of the fact of work, profession (position) and period of work in a particular institution is carried out on the basis of documents available to the employee (certificate, trade union card, trade union member registration card, pay book, etc.), and in case of absence - on the basis of the testimony of two or more witnesses who know the applicant through joint work with him at one enterprise or in one system.

The influence of the experience of pedagogical work significantly affects the growth of the salary of a teacher. In this case, the procedure for crediting to the teaching experience is determined in accordance with the recommendations of the Ministry of Education and Science of the Russian Federation, set out in the letter of this department dated October 26, 2004 No. AF-97.

It is curious that this document takes into account the special periods of the employee's activity, when he did not actually perform pedagogical work, but formally remains an employee of this system. So, the experience of pedagogical work takes into account the time of work in other institutions (organizations), service in the Armed Forces of the USSR and the Russian Federation, time of study in institutions of higher and secondary vocational education in accordance with the conditions provided for by the procedure for determining the length of service of pedagogical work (section 9), presented in this document.

Thus, the following periods of time are counted in the experience of pedagogical work for pedagogical workers:

Without any conditions and restrictions:

- the time spent in military service under the contract at the rate of one day of military service for one day of work, and the time spent in military service by conscription (including officers called up for military service in accordance with the decree of the President of the Russian Federation) - one day of military service for two days of work;

– time worked as the head of the film library and methodologist of the film library.

Provided that these periods, taken both individually and in the aggregate, were immediately preceded and immediately followed by pedagogical activity:

- time of service in the Armed Forces of the USSR and the Russian Federation in the positions of officers, sergeants, foremen, warrant officers and midshipmen (including in the troops of the Ministry of Internal Affairs, in the troops and security agencies), except for the periods provided for in clause 1.1;

- time of work in managerial, inspector, instructor and other positions of specialists in the apparatus of territorial organizations (committees, councils) of the trade union of workers of public education and science of the Russian Federation (enlightenment, higher education and scientific institutions); in elected positions in trade union bodies; in instructor and methodological positions in pedagogical societies and boards of the children's fund; in the position of director (manager) of the teacher's house (employee of public education, vocational education); commissions for minors and the protection of their rights or in departments of social and legal protection of minors, in units for the prevention of offenses (inspectorates for minors, children's rooms of the police) of the internal affairs bodies;

- time of study (full-time) in postgraduate studies, institutions of higher and secondary vocational education with state accreditation.

For the following categories of pedagogical workers, in addition to the periods provided for in paragraphs 1 and 2 of this Procedure, the time of work in organizations and the time of service in the Armed Forces of the USSR and the Russian Federation in the specialty (profession) corresponding to the profile of work in an educational institution or the profile of the taught subject (course, discipline, circle) is counted:

- teachers-organizers (basics of life safety, pre-conscription training);

- teachers and teachers of physical education, heads of physical education, instructors in physical education, instructors-methodologists (senior instructors-methodologists), trainers-teachers (senior trainers-teachers);

- teachers, teachers of labor (professional) training, technology, drawing, fine arts, computer science, special disciplines, including special disciplines of general educational institutions (classes) with in-depth study of individual subjects;

- masters of industrial training;

– teachers of additional education;

– pedagogical workers of experimental educational institutions;

– educational psychologists;

- Methodists;

- pedagogical workers of institutions of secondary vocational education (departments) of culture and art, musical and pedagogical, artistic and graphic, musical;

- teachers of institutions additional education children (culture and art, including musical and artistic); teachers of special disciplines of musical and artistic educational institutions, teachers of musical disciplines of pedagogical schools (pedagogical colleges), music teachers, music directors, accompanists.

For employees of institutions and organizations, the time of pedagogical work in educational institutions, performed in addition to the main work on an hourly basis, is included in the teaching experience if its volume (in one or more educational institutions) is at least 180 hours per academic year. At the same time, only those months during which pedagogical work was performed are counted in the teaching experience.

The main thing to pay attention to is that the right to decide specific questions about the compliance of work in institutions, organizations and service in the Armed Forces of the USSR and the Russian Federation with the profile of work, the subject taught (course, discipline, circle) is granted to the head of the educational institution in agreement with the trade union body.

A feature of the teaching experience is the procedure for its calculation for the assignment of a qualification category. Thus, the letter of the Ministry of Education of the Russian Federation dated March 29, 2001 determines that, according to the “Requirements for Qualification by Wage Levels”, the establishment of ETC categories based on the results of certification of employees can be established depending on the length of service in teaching, work experience in the specialty (by profile) or work experience in certain positions and institutions.

Pedagogical experience, in addition to the amount of wages, can also affect the possibility for a teacher to receive a long vacation for up to one year. The length of service required to exercise this right is called continuous teaching experience. It is this experience that entitles the teacher to the specified leave. It includes the time of work in state, municipal educational institutions and non-state educational institutions with state accreditation, in positions and under the conditions provided for by the List of positions, in accordance with the order of the Ministry of Education of Russia dated December 7, 2000.

The specified length of service, giving the right to a long vacation, counts:

– actual hours worked;

- the time when the teacher did not actually work, but he retained his place of work (position) and wages in whole or in part (including the time of paid involuntary absenteeism in case of improper dismissal or transfer to another job and subsequent reinstatement at work);

- the time when the teacher was doing work practice in paid teaching positions during the period of vocational education, postgraduate and doctoral studies;

- the time when the teacher did not actually work, but received state social insurance benefits, with the exception of the time when he was on partially paid leave and received child care allowance until he reached the age of one and a half years.

Pedagogical experience is the main condition for granting an old-age labor pension to persons engaged in pedagogical activities. In this case, a slightly different procedure for calculating the length of service of pedagogical activity applies. This procedure is determined by the federal law "On labor pensions in the Russian Federation" (Article 28) and Decree of the Government of the Russian Federation dated October 29, 2002 No. 781, which provides a List of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is assigned ahead of schedule.

It should be noted that according to the rules for calculating periods of work that give the right to early assignment of an old-age labor pension to persons who have carried out pedagogical activities, there are no restrictions on the calculation of teaching experience for teachers. primary school general education institutions and teachers of general education institutions located in rural areas, with the exception of evening (shift) and open (shift) general education schools.

But for other categories of workers, a different procedure applies. The periods of work performed by them before September 1, 2000 are counted in the teaching experience, regardless of the conditions for fulfilling the norm of working hours during these periods, and starting from September 1, 2002, the periods of activity are counted in the length of service of pedagogical work, provided that the employee fulfills the norm of working hours established for the wage rate (in total for the main and other places of work).

In June 2004, the Constitutional Court of the Russian Federation considered the complaints of 38 citizens and the requests of 6 courts, and issued a decision that now allows extending the right to early provision of an old-age labor pension to persons engaged in pedagogical activities in institutions for children that are not state or municipal.

When analyzing their own work path and attributing certain periods of labor activity to the teaching experience necessary for the early appointment of an old-age labor pension, a teacher should remember that the following periods are not included in such experience:

- the time spent by a pedagogical worker on a long vacation for up to one year;

- the time spent on parental leave after October 6, 1992 (see the decision of the Constitutional Court of the Russian Federation dated January 29, 2004 No. 2-P);

- time of work in positions and institutions not included in the List of positions and institutions, work in which gives the right to early appointment of an old-age labor pension (for example, a senior pioneer leader or a driver training teacher at a DOSAAF sports club);

- the time of the employee's activity not related to the educational process in institutions for children (for example, service in the Armed Forces of the USSR and the Russian Federation).

We also note that the pension fund, to which the pedagogical worker applies, sometimes refuses to count the periods of work in institutions for children if the names of the positions in the mentioned List do not match the entries in the work book. In this case, one should be guided by the already adopted resolutions of the Ministry of Labor of Russia regarding the identity of posts, and if there is no document on the identity of posts, then go to court.

At the same time, the Pension Fund, where the employee applied, should receive a written refusal to set off certain periods of labor activity in the teaching experience. With this document, the employee should apply to the court: either on the appointment of a pension from the moment of refusal given by the Pension Fund, or on making changes in the prescribed manner to the corresponding entry in the work book if the administration of the institution refuses to perform this procedure. Additional clarifications on controversial issues regarding the appointment of a pension can be obtained from the Ministry of Labor of the Russian Federation.

Literature

1. Letter of the Ministry of Education and Science of the Russian Federation No. AF-97 of October 26, 2004 “On recommendations “On the size and conditions of remuneration of employees of educational institutions in 2005”. - Bulletin of Education, 2005, No. 2.

2. Decree of the Ministry of Labor of the Russian Federation of June 24, 1994 No. 50 “On approval of the procedure for establishing work experience in case of loss of documents as a result of emergency situations.” - "Russian News" dated 07/28/1994, No. 50.

3. An organization refers to enterprises, institutions and organizations, regardless of the form of ownership and subordination.

4. Letter of the Ministry of Education of Russia dated March 29, 2001 “On the remuneration of employees of educational institutions (together with the “Temporary requirements for assessing qualifications and the level of professional competence when assigning a qualification category to managers, specialists (teaching staff)”. The document was not published by the Consultant Plus SPS.

5. Order of the Ministry of Education of Russia dated December 7, 2000 No. 3570 “On approval of the regulation on the procedure and conditions for granting long-term leave for teachers of educational institutions for up to 1 year”. - "Rossiyskaya Gazeta" dated 13.03.2001, No. 50-51.

6. "Rossiyskaya Gazeta" dated November 6, 2002, No. 212.

7. Decree of the Government of the Russian Federation of October 29, 2002 No. 781. - Rossiyskaya Gazeta of November 6, 2002, No. 212.

8. Decision of the Constitutional Court of the Russian Federation on the case of checking the constitutionality of the provisions of subparagraphs 10, 11 and 12 of paragraph 1 of Art. 28, paragraphs 1 and 2 of Art. 31 of the federal law "On labor pensions in the Russian Federation" in connection with requests from the State Duma of the Astrakhan Region, the Supreme Court of the Udmurt Republic, the Birobidzhan City Court of the Jewish Autonomous Region, the Yelets City Court of the Lipetsk Region, the Levoberezhny, Oktyabrsky and Sovetsky District Courts of Lipetsk, as well as complaints from a number of citizens. - "Rossiyskaya Gazeta" dated 06/15/2004, No. 124.

9. Order of the Ministry of Health and Social Development of the Russian Federation of April 15, 2005 No. 278 “On establishing the identity of the names of the institutions “School-Lyceum”, “School-Gymnasium” with the names of the institutions “Lyceum”, “Gymnasium”; Decree of the Ministry of Labor of the Russian Federation of June 23, 2003 No. 39 “On establishing the identity of the title of the position “music worker” with the title of the position “music director””; Decree of the Ministry of Labor of the Russian Federation of July 25, 2003 No. 57 “On establishing the identity of the name of the institution “Experimental Children's School of Arts” with the name of the institution “Children's School of Arts”, including by type (types) of arts”; Decree of the Ministry of Labor of the Russian Federation of October 3, 2002 No. 67 “On establishing the identity of the names of special (correctional) educational institutions for students with developmental disabilities with the names of the institutions “Special (correctional) general education boarding school” and “Special (correctional) general education school” ”; Decree of the Ministry of Labor of the Russian Federation of October 3, 2002 No. 68 “On establishing the identity of the title of the position “teacher-organizer of the basics of life safety” with the title of the position “military leader””.

_________________

The material was prepared with the information support of the Consultant-Plus company.

Decision No. 2-715/2013 М-631/2013 2-39/2014(2-715/2013;)~М-631/2013 2-39/2014 of January 24, 2014

Case No. 2-39/2014

SOLUTION

In the name of the Russian Federation

Zarechny District Court Sverdlovsk region composed of Judge Yu.P. Bukatina,

At the secretary: Vorokosova A.C., having considered in open court a civil case on the claim of Chvanova H.GN. to the State Administration of the Pension Fund of the Russian Federation in the city of Zarechny on recognizing as illegal the decision to refuse to grant an early retirement pension, to grant a pension,

INST A N O V&L:

The plaintiff applied to the court with the above statement of claim. In support of the claims, she stated that on July 31, 2013. contacted Pension Fund for the city of Zarechny with an application for the establishment of an early labor old-age pension in connection with pedagogical activity in accordance with subparagraph 19 of paragraph 1 of Art. Federal Law "On labor pensions in the Russian Federation". However, the Pension Fund in Zarechny by the decision of September 02, 2013. he refused to appoint an early labor pension, since the necessary pedagogical work experience had not been worked out. The defendant did not count in the experience of pedagogical activity the time of work from September 01, 1987. to May 31, 1990 as an assistant teacher. The plaintiff believes that the exclusion of the specified period from the preferential period of service, which gives the right to the appointment of an early retirement pension, is contrary to the law, namely the Letter of the USSR Ministry of Education dated 05.02.1987. according to which the time of work as an assistant to an educator is included in the teaching experience, if during the specified period of work in this profession the employee simultaneously studied at a pedagogical educational institution and, upon graduation, began teaching. Since June 11, 1988, the plaintiff has been enrolled in the Katai Pedagogical College for the correspondence department in the specialty "Education in preschool institutions" with the qualification "educator of preschool institutions". During the training period, the plaintiff continued to work as an assistant educator, and also constantly replaced absent educators. The plaintiff requested that the decision of the Pension Fund in the city of Zarechny to refuse to grant an early retirement pension be declared illegal; to oblige the Office of the Pension Fund in the city of Zarechny to include the period of work from 11.06.1988. until May 31, 1990 as an assistant educator in a special experience, giving the right to early appointment of labor old-age pension and to recognize the plaintiff's right to early appointment of labor old-age pension in accordance with paragraph 19 of paragraph 1 of Art. Federal Law "On labor pensions in the Russian Federation"; oblige the Pension Fund Administration in Zarechny to appoint an early labor pension old age from July 31, 2013

At the hearing, the plaintiff supported the claims in full, asked them to be satisfied.

The defendant's representative denied the plaintiff's claims. At the hearing, she explained that the insurance experience of the plaintiff according to the submitted documents amounted to 34 years 02 months 15 days. Experience in connection with pedagogical activity is 23 years 01 month 17 days. The periods from 04/07/1986 are excluded from the special work experience of the plaintiff. to 31.08.1987 in kindergarten No. 9 as a nanny - cleaner and from 09/01/1987. until May 31, 1990 kindergarten number 9 position assistant teacher. The specified periods are excluded from the special work experience, since the List of positions and institutions in which work is counted as work experience that gives the right to early assignment of an old-age labor pension to persons engaged in pedagogical activities in institutions for children, the positions of a nanny-cleaner and an assistant educator are not named.

After hearing the parties, questioning the witnesses, examining the materials of the case, the court finds that the plaintiff's claims are not subject to satisfaction on the following grounds.

In accordance with paragraphs. 19 p. 1 art. Federal Law "On labor pensions in the Russian Federation" old-age labor pension is assigned before reaching the age established by Art. 7 of this Law to persons who have been carrying out pedagogical activities in institutions for children for at least 25 years, regardless of their age.

From the case file it follows that the plaintiff 31 July 2013. applied to the UPFR in the city of Zarechny with an application for a pension in accordance with paragraphs. 1 p. 19 Art. Federal Law "On labor pensions in the Russian Federation" (case sheets 33-35).

By the decision of the GU - UPFR in the city of Zarechny No. 747752/13 dated September 02, 2013. in the appointment of an early retirement old-age pension in accordance with paragraphs. 19 p. 1 art. The federal law "On labor pensions in the Russian Federation" was denied, since the plaintiff's experience in connection with pedagogical activity amounted to 23 years 01 months 17 days. Excluded from the special work experience, including the controversial period from 09/01/1987. until May 31, 1990 work of the plaintiff in kindergarten No. 9 as an assistant teacher (case files 8-11).

By virtue of h. 2 Article. Federal Law "On Labor Pensions in the Russian Federation" lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and the appointment of this pension, if necessary, are approved by the Government of the Russian Federation.

Decree of the Government of the Russian Federation of September 22, 1999 N 1067 established that the length of service, which gives the right to a pension for long service in connection with teaching activities in schools and other institutions for children, includes periods of work until November 01, 1999 in accordance with the List of professions and positions of educators, whose pedagogical activity in schools and other institutions for children, gives the right to a pension for long service, approved by the Council Ministers of the RSFSR of September 6, 1991 N 463, and the periods of work after November 01, 1999 in accordance with the List and Rules approved by the Decree of the Government of the Russian Federation of September 22, 1999 N 1067.

The list of professions and positions of educators whose pedagogical activity in schools and other institutions for children entitles them to a pension for long service, approved by Resolution of the Council of Ministers of the RSFSR of September 6, 1991 N 463, names the position of an educator in preschool educational institutions.

From the explanations of the parties, the materials of the case, it follows that the plaintiff in the disputed period from 01.09.1987. until May 31, 1990 worked as an assistant teacher in kindergarten No. 9, which is confirmed by a copy of the plaintiff's work book and is not disputed by the defendant (case sheets 14-18).

The All-Russian classifier of professions of workers, positions of employees and wage categories, approved by the Decree of the State Standard of Russia of December 26, 1994 N 367, provides for the positions of an educator and an educator kindergarten(nursery-kindergarten), the position of "assistant educator" is indicated in the section of the profession of workers. The position "junior educator" was included in the classifier in 2002.

In accordance with the order of the State Education of the USSR dated June 4, 1990 N 375, the position of "assistant educator" was introduced into the staff of educational institutions instead of the position of "night nanny".

Clause 9.3 of the order of the Ministry of Education of the Russian Federation and the State Committee for Higher Education of August 31, 1995 N 463/1268 "On approval of tariff and qualification characteristics (requirements) for the positions of employees of educational institutions" (hereinafter - Order N 463/1268) provides that instead of the position of "assistant educator" in educational institutions, the position of "junior educator" may be introduced.

Job responsibilities for the position of "junior educator" in public education institutions, approved by the same order, as well as by the Decree of the Ministry of Labor of Russia of August 17, 1995 N 46, do not coincide with the job responsibilities of the position "educator (including senior)".

Moreover, according to the tariff and qualification characteristics, the position of a junior educator refers to the positions of teaching and support personnel, and the position of an educator (including a senior one) refers to specialists who, by virtue of clause 4 of Order No. 463/1268, belong to the positions of pedagogical workers.

Thus, the position of "junior educator" introduced instead of the position of "assistant educator" does not apply to the position of a pedagogical worker.

Similar tariff and qualification characteristics for the positions of "junior educator" and "educator (including senior)" are provided for by the current legislation (Order of the Ministry of Health and social development of the Russian Federation dated August 26, 2010 N 761n “On approval of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees, Section “Qualification Characteristics of the Positions of Educational Workers”).

In the current system pension provision the establishment of preferential conditions for acquiring the right to an old-age labor pension is aimed mainly at protecting against the risk of loss of professional ability to work before reaching the general retirement age. Therefore, the right to early appointment of an old-age labor pension is not associated with any work in educational institutions, but only with such work, the performance of which is associated with increased psychophysiological stress due to the nature of a certain professional activity, namely, activities related to the upbringing of children (pedagogical activity).

Decree of the Government of the Russian Federation of October 29, 2002 N 781 approved the List of positions and institutions, work in which is counted in the length of service, giving the right to early appointment of an old-age labor pension to persons who carried out pedagogical activities in state and municipal institutions for children.

However, neither the currently valid List of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is early assigned in accordance with Art. of the Federal Law "On labor pensions in the Russian Federation", approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781, nor the previously existing List of professions and positions of educators whose pedagogical activity in schools and other institutions for children gives the right to a pension for long service, approved by Decree of the Council of Ministers of the RSFSR of September 6, 1991 N 463, and the List of positions in which work counts The length of service, which gives the right to a pension for long service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 N 1067, did not provide for the right of persons who carried out pedagogical activities to be included in the special length of service for the appointment of a pension for periods of labor activity in the position of "assistant educator".

Letter from the Ministry of Education of the USSR dated February 5, 1987. cannot be the basis for including the period of work in the position of "assistant educator" in the pedagogical experience of the plaintiff, since the position "assistant educator" is not named by the above Lists of professions and positions of educators.

Thus, there are no grounds for inclusion in the special experience of the disputed period under consideration of the plaintiff's work in the position of "assistant educator" by the court.

Since the period of work of the plaintiff in the position of an assistant educator is not subject to inclusion in preferential service, giving the right to early appointment of an old-age labor pension, the plaintiff's demand for the obligation of the defendant to appoint an early labor pension from July 31, 2013. not subject to satisfaction, due to the lack of the necessary teaching experience for the appointment of this type of pension.

Guided by Art. Art. - Civil Procedure Code of the Russian Federation, court,

DECIDED:

In satisfaction of the claims Chvanova N.GN. on recognizing illegal the decision to refuse to grant an early labor pension, on the appointment of a pension - to refuse due to groundlessness.

The decision can be appealed within a month from the date of issuance of a reasoned court decision in Sverdlovsk regional court through the Zarechny District Court.

Judge /signature/

Copy is right

Judge Yu.P. Bukatina

Court:

Zarechny District Court (Sverdlovsk Region)

By law, teachers have the right to retire earlier than other citizens. This is established by para. 19 p. 1 art. 30 of the Federal Law "On insurance pensions", which entered into force in 2015. According to the said norm, preferential pension for teachers is appointed subject to the implementation of their teaching activities for 25 years or more. This does not take into account the age of the person at the time of granting the pension. However, due to the new pension reform some changes in early exit"by seniority" in 2019, teachers are still expected.

According to Government Decree No. 665 of July 16, 2014, the rules for calculating periods of work and the list of positions and institutions approved by Government Decree No. 781 of 2002 will continue to apply to teaching staff.

teaching positions

In accordance with the above list, teachers who have worked in the positions of directors and their deputies, heads of education, teachers, educators, teachers, etc. have the right to early retirement. Also in the specified list, institutions are specified in detail, work in which gives the right to early appointment of a pension to pedagogical workers.

Therefore, it is important that the position and place of work recorded in the work book clearly correspond to the positions and institutions indicated in the list, otherwise the Pension Fund may refuse to assign a preferential pension.

For credit in the experience of heads of educational institutions periods of pedagogical work carried out before September 1, 2000, it does not matter whether the standard of working time for teaching work was developed during these periods. The specified norm, which is defined as the pedagogical or teaching load for the wage rate, began to be taken into account only after September 1, 2000. According to the established rules for calculating periods of work, early retirement can be assigned to heads of educational institutions provided that they teach at least 6 hours a week or 240 hours a year. For heads of secondary vocational institutions, the minimum amount of teaching load is set at 360 hours per year.

As for the teaching staff of institutions intended for children in need of psychological, pedagogical and medical and social assistance, as well as social service institutions, the periods of their work are counted in the length of service only if the established norm of working time is met. It does not matter whether this work was carried out before September 1, 2000 or after. The same applies to music directors.

Work in institutions of additional education

Positions and institutions of additional education are provided for in the second section of the list approved by Government Decree No. 781.

In order for a preferential pension to be granted to teachers of additional education, since 2001, several conditions must be present simultaneously:

1. as of January 1, 2001, they must have at least 16 years and 8 months of work experience in relevant positions and institutions;
2. in the period from November 1, 1999 to December 31, 2000, there must be a fact of work in positions in institutions of additional education.

Periods included in work experience

The length of service that gives the right to early retirement includes:

• periods of work for which insurance premiums were paid;
• periods of temporary disability;
• periods of annual leave;
• periods of maternity leave.

Work periods are calculated in calendar order.

According to the new rules, the length of service, on the basis of which a preferential pension for teachers in 2019 can be assigned, will also include periods of study in educational institutions. The only condition for the inclusion of this period in the length of service is the fact of the implementation of pedagogical activities before and after training.

In addition, periods of work that were carried out before 2019 may be included in the length of service giving the right to early retirement, subject to the legislation in force during the period of such activity.

Although the 25-year experience has remained unchanged, the concept of a delay has appeared in the legislation - from one and a half to 5 years. This means that even if there is "length of service", the teacher will not be able to immediately go on a well-deserved rest.

The terms for assigning an insurance pension for teachers under the new law are presented in the table:

Year of production 25 years of experience	The term of the pension	Year of retirement under the new law
2019	2019+0.5 years	2020
2020	2020+1.5 years	2022
2021	2021+3 years	2024
2022	2022+4 years	2026
2023 and beyond	2023 and beyond+5 years	2028 and beyond

You can find more information about the periods of validity and the legislation in force at that time below.

List of current legislation

If you have any questions or would like to make your own early retirement Teachers, we suggest that you familiarize yourself with the legislative acts relevant in 2019:

• Federal Law No. 400-FZ of December 28, 2013 "On Insurance Pensions", Article 30
• Decree of the Government of the Russian Federation of July 16, 2014 N 665 "On the lists of works, industries, professions, positions, specialties and institutions (organizations), taking into account which insurance pension old age, and the rules for calculating periods of work (activity), giving the right to early retirement benefits"
• Decree of the Government of the Russian Federation of October 29, 2002 N 781 (as amended of May 26, 2009) "On the lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age labor pension is early assigned in accordance with Article 27 of the Federal Law "On labor pensions in the Russian Federation", and on the approval of the rules for calculating periods of work, giving the right to early assignment of a labor pension old age in accordance with Article 27 of the Federal Law "On labor pensions in the Russian Federation".

An early retirement pension in connection with pedagogical activity is established for persons who have been carrying out pedagogical activities for at least 25 years in state and municipal institutions for children, regardless of age.

For pension provision of this category, the Decree of the Government of the Russian Federation No. 781 of October 29, 2002 approved the List of positions and institutions in which work gives the right to an early labor pension and the Rules for calculating the length of service giving the right to an early labor pension.

The specified List contains an exhaustive list of positions and institutions, work in which is counted as length of service in the relevant types of work, and the ideology of its application is based on the exact correspondence of the names of positions and institutions in which the work proceeded to the names of positions and institutions provided for in the List.

When working in an institution whose name is not provided for by the List, the period of work in the length of service for the appointment of an early retirement old-age pension is not counted. For example, the List does not include such institutions as a children's combine, a complex, and, accordingly, work in such an institution is not counted in the length of service in the corresponding types of work.

The list includes positions: director (head, head), deputy head (provided that his activities are related to the educational process), head of the educational department, teacher, incl. senior, educator, incl. senior, educator-methodologist, organizer of extra-curricular and out-of-school educational work with children, master of industrial training, teacher, teacher-speech therapist, speech therapist, teacher-defectologist, head of physical education, music director, social teacher, teacher-psychologist, pedagogue, educator nursery group and other positions.

Periods of work in positions not provided for by the List or having any deviations in their names are not counted in the length of service in the relevant types of work. So, for example, work in the positions of a pioneer leader, a methodologist, a psychologist, a circle leader, a sister-educator, etc., is not counted for the appointment of an early labor old-age pension.

Work in certain positions in determining the right to early appointment of an old-age labor pension is counted depending on the time of its implementation. So, work in the positions of an educator-methodologist, organizer of out-of-class and out-of-school educational work with children is counted only for periods up to 01.11.1999; in the positions of a teacher, teacher-educator, nurse of a nursery group - for periods up to 01/01/1992.

Leaders preschool institutions(kindergartens, nursery-gardens, nurseries, child development centers - kindergartens) and their deputies from 01.11.1999 do not have the right to receive an early retirement pension for old age. Length of service in these institutions and positions is counted only until 01.11.1999.

Work in the positions of a social pedagogue, a psychologist, a labor instructor is counted in the length of service in the relevant types of work according to the List dated October 29, 2002, but not in all institutions provided for by the Lists, but only in institutions of a social and correctional orientation.

By general rule calculation of special length of service, periods of work performed before 09/01/2000 in positions in the institutions provided for in the list are counted in the length of service, regardless of the conditions for fulfilling the norm of working time (pedagogical or educational load) during these periods, and starting from 01/09/2000 - subject to the fulfillment (in total for the main and other places of work) of the norm of working time (pedagogical or educational workload) established for the wage rate (USD salary), except for the position music director whose work requires confirmation of the fulfillment of the established norm of working hours for the entire period of activity in this position.

An exception to the established rule is teachers of primary classes of general education institutions and teachers of general education schools located in rural areas. They don't need proof of working hours. Also, regardless of the fulfillment of the norm of working time and the conduct of teaching work, work in the position of deputy director for educational, educational, educational, educational and production work directly related to the educational (educational) process is counted in the length of service. On the contrary, for deputy heads for scientific, methodological work, additional confirmation of direct employment with the educational (educational) process is required.

Separate rules regarding the conduct of teaching work are established for the heads of individual institutions (for example, for directors of general education institutions, general education boarding schools, special (correctional) educational institutions, etc.). Starting from 01.09.2000, in order to be included in the length of service for the period of work as the head of an institution, it is required to perform the established amount of teaching work (from 240 hours to 360 hours per year). Teaching work can be carried out both in one and in several educational institutions.

In addition to educational, social and correctional institutions for children, the List contains institutions of additional education for children (out-of-school institutions), work in which also gives the right to early appointment of an old-age labor pension. Such institutions include, for example, a children's art school, children's and youth sports schools, specialized children's and youth sports schools of the Olympic reserve, a palace of pioneers and schoolchildren, a center for children's creativity, etc.

Additional conditions have been established for employees of these institutions. Periods of work in institutions of additional education from 01.01.2001 are counted in the length of service for the appointment of an early labor old-age pension if, as of 01.01.2001, work experience in positions and institutions provided for in the List is at least 16 years 08 months and at the same time the fact of work in the period from 01.11.1999 to 12.31.2000 in the relevant positions in institutions of additional education . In the absence of one of the above conditions, work in institutions of additional education for children from 01.01.2001 is not counted.

In connection with the adoption of the Resolution of the Constitutional Court of the Russian Federation of 29.01.2004 No. 2-P, when determining the right to an early labor pension, the norms of the previous legislation are applied: The list of professions and positions of educators, teaching activities in schools and other institutions for children gives the right to a pension for long service, approved by the Resolution of the Council of Ministers of the RSFSR of 06.09.1991 No. 463; List of positions and institutions, work in which is counted as long service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, and the Rules for calculating the length of service for the appointment of a long service pension, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067.

The specified procedure for applying the legislation is limited by the time frame of the relevant regulations (until 01.11.1999, the resolution of the Council of Ministers of the RSFSR dated 06.09.1991 No. 463 is applied, from 01.11.1999 to 12.11.2002 - the resolution of the Government of the Russian Federation dated 09.22.1999 No. 1067, from 12.11.2002 - the resolution Decree of the Government of the Russian Federation of October 29, 2002 No. 781).

In accordance with the current legislation, the special length of service, along with periods of work, includes periods of receiving state social insurance benefits during a period of temporary disability, as well as periods of annual basic and additional paid holidays. Maternity leave is not excluded from the duration of teaching experience.

The current legislation does not provide for the inclusion in the special length of service of periods when a woman is on leave to care for a child up to 3 years.

The issue of offsetting the periods of a woman's stay on parental leave into the special length of service can be considered within the framework of the application of the decisions of the Constitutional Court of the Russian Federation dated January 29, 2004 No. 2-P, i.e. taking into account the previous legislation, in accordance with which the periods of a woman's stay on parental leave, provided in the period up to 10/06/1992, until the child is 1.5 years old, are counted in the experience of pedagogical activity.

It should be noted that the choice of the most advantageous valuation option pension rights carried out individually when citizens apply for an early retirement pension.