Ulyanovsk regional court - judicial act. What benefits are provided to firemen Pension to the fireman of the boiler house

You have to confirm the ownership of the work book in judicial order. Also, in employment records, the name of the position often does not correspond to the name of the position on the List. In case of detection of an incorrect or inaccurate entry, it is corrected at the place of work where the corresponding entry was made, or by the employer at the new place of work on the basis of an official document of the employer who made a mistake . In this case, the employer is obliged to provide the employee with the necessary assistance upon his request. If the organization that made an incorrect or inaccurate entry is reorganized, the correction is made by its legal successor, and in the event of liquidation of the organization - by the employer at the new place of work on the basis of the relevant document (extracts from orders, personal accounts and payroll statements).

Early retirement for boiler house stokers

When determining eligibility for benefits pension provision machinists (stokers) of the boiler room must keep in mind the following. The driver (fireman) of the boiler room is the full name of the profession (ETKS; issue 1). In accordance with the ETKS, the driver (fireman) of the boiler house serves hot water and steam boilers, both in the boiler house and separately located (including those located separately).
h. on steam railway cranes), as well as heating boiler installations or crumpled steam stations located in the service area of ​​the main units.

Attention

All of these jobs are eligible for retirement benefits. A prerequisite for assigning a pension under List No. 2 to a boiler engineer (fireman) is the maintenance of solid fuel boilers (coal and oil shale). This circumstance should in every specific case be supported by documents. Workers who are engaged in the maintenance of hot water and steam boilers (incl.

h.

Pension provision for drivers (stokers) of a coal-fired boiler house

Boiler house drivers (stokers) should be employed full time for the indicated works, which should be confirmed by the results of certification of workplaces in terms of working conditions. In the case when the work of boiler houses is seasonal, that is, for a certain period of the year, the relevant workers perform only repair work, these periods of their work are not counted in the preferential period of service. Workers by profession “boiler operator” do not enjoy the right to an old-age pension on preferential terms.

This profession was introduced in Issue 1 “Professions of workers common to all sectors of the national economy” of the Unified Tariff and Qualification Directory of Works and Professions of Workers by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated November 27, 1984 No. 342 / 22-123 due to a significant increase in the number of boiler houses operating on liquid and gaseous fuels.

Appointment of pension - driver (fireman) of the boiler room

If the work of the boiler house was carried out seasonally (heating season), then the periods of work after its completion are not subject to offset in the length of service in the relevant types of work, since the driver (fireman) of the boiler house was not actually engaged in the work provided for in List No. 2, but was engaged in repair work. To offset the specified periods in the preferential period, it is necessary to submit a clarifying certificate confirming the nature of the boiler house operation (seasonal or year-round), the duration of the heating seasons and the use of solid fuel (coal or oil shale) for boiler operation. When accepting a work book for consideration, all entries in the work book are checked.
Often on the title page of the work book there is an error in the spelling of the last name, first name, patronymic or date of birth, which leads to a discrepancy between this information and the data in the passport or birth certificate.

Does the fireman of the boiler room have the right to early retirement?

List number 2. The word “stoker” in the profession “Engineer (fireman) of a boiler house” specifies that this profession includes a fireman, therefore, if according to the work book, a worker is listed as a boiler engineer or a boiler house fireman, then in the first and second cases he will be entitled to early retirement benefits . Drivers (stokers) of boiler houses acquire the right to preferential pension provision in accordance with Section XXXIII of List No. 2, regardless of which buildings and premises they heat (enterprises or schools, kindergartens, libraries and other small buildings and premises are heated not by boilers, but by For workers servicing such furnaces (regardless of what fuel they operate on), the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS, issue 01) provides for the profession “Stoker”, which Lists No. 1 and 2 not provided.

An error occurred.

Important

A prerequisite for the appointment of an early pension under the List is the maintenance of solid fuel boilers (coal, oil shale). This circumstance is confirmed by documents in each specific case. If the boiler room runs on a different fuel (fuel oil, firewood, etc.), periods of work in such a boiler room are not subject to seniority. In addition, to determine the right, the Rules for calculating periods of work giving the right to early appointment of an old-age labor pension are taken into account (approved by

Decree of the Government of the Russian Federation of July 11, 2002 No. 516), in accordance with which periods of preferential work performed continuously throughout a full working day.

Is there an early pension for stokers?

Info

This circumstance must be confirmed by documents in each specific case. To determine the right to early retirement benefits for the driver (fireman) of the boiler house, it does not matter the thermal conductivity of hot water and steam boilers, which can be at least 3 Gcal / hour, and more than 130 Gcal / hour, and also for what purposes steam and water are produced (for technological and household needs). If the work in the boiler house (boilers) is seasonal and at a time when the boiler house (boiler) is not working, and the machinists (stokers) are engaged in repair work, this period is not counted as a special seniority.

Case No. 2-45/2012

When establishing early pensions on this basis, List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, approved by the Decree of the Cabinet of Ministers of the USSR of 01.26.1991, is applied. No. 10. Section XXXIII “General Professions” of the said List provides for boiler house operators (stokers) (on coal and oil shale), including those employed in ash removal. For the period up to January 1, 1992. List N 2 of industries, workshops, professions and positions can be applied, work in which gives the right to 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. Section XXXII "General professions" of this List provides for machinists (stokers) employed in the maintenance of industrial boilers and industrial furnaces.
Law No. 173-FZ of December 17, 2001 (List No. 2, section XXXIII “General Professions” of position 23200000-13786), that is, an old-age pension for men is assigned upon reaching 55 years old, for women - 50 years old, if they have worked, respectively, not less than 12 years 6 months and 10 years in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in ash removal, and having a total work experience of at least 25 and 20 years. The boiler-house driver (fireman) is the full name of the profession (ETKS, issue 1), therefore it is completely erroneous to believe that work in the boiler-house gives the right to a pension according to List No. 2 to a worker of this profession. In accordance with the ETKS, the driver (fireman) of the boiler house serves hot water and steam boilers, both in the boiler house and separately located (including

According to our calculations, the length of service, taking into account work only in the winter season, is approximately 7.5 years. How to prove the privilege of his experience? So far, we have only applied to the Pension Fund of the Russian Federation with a statement, but we will definitely get a refusal, because. the archive gives a certificate that it is not possible to give a preferential certificate. Do we have a chance in court? Witnesses at least the whole village. issue number №1578111 read 594 timesa Urgent legal consultation8 800 505-91-11 free

• Elena, Furmanov (Russia)! Contact the FIU, get a refusal, the FIU must prove why it refused. Contact me, I'll help. At least in the Ivanovsky district and Lezhnev, these issues were resolved .... Sincerely, Your lawyer in Ivanovo is Vladimir Manin.

Hello Ksenia, maybe he has, a lot depends on when exactly he worked.

KIROVSKY REGIONAL COURT

Referee: Melnikova E.N.

Judicial Collegium for Civil Cases of the Kirov Regional Court, composed of
presiding judge Sidorkin I.L.,
judges Dubrovina I.L., Sherstennikova E.N.,
with secretary S.
having considered in an open court session in the city of Kirov a civil case
on appeal FULL NAME35
against the decision of the Kotelnichsky District Court Kirov region dated May 05, 2015 on a claim FULL NAME36 to the State Institution - Pension Fund Administration Russian Federation in the Darovsky district of the Kirov region on inclusion in the special experience of periods labor activity, the appointment of a pension, for which the satisfaction of claims is denied;
Having heard the report of the judge of the Kirov Regional Court Dubrovina IL.,

Installed:

FULL NAME37 filed a lawsuit against the State Institution - the Office of the Pension Fund of the Russian Federation in the Darovsky district of the Kirov region on the inclusion of periods of labor activity in the special length of service, the appointment of a pension. In support of his claim, he stated that<дата>year, he applied to the pension fund for a labor pension, since at the time of the application he had the length of special work experience required by law. The plaintiff was denied the early appointment of pensions, since the length of service accepted for offset was 2 years 07 months 16 days. When calculating the duration of special experience, the following periods were not taken into account:<данные изъяты>fireman school from 11/05/1988 to 05/11/1989, from 10/18/1994 to 04/15/1995, from 10/03/1995 to 04/15/1996, from 10/01/1996 to 01/02/1997, in total 1 year 9 months 20 days, in due to the fact that the type of fuel is not confirmed. The plaintiff does not agree that the period from 05.11.1988 to 11.05.1989 is not included, which is 6 months and 6 days. He believes that this period should be included in the preferential period, due to the fact that List No. 2 used the right to preferential provision for stokers of industrial boiler houses without specifying the type of fuel. Company<данные изъяты>from 01/16/1997 to 01/31/1997, from 05/14/1997 to 05/31/1997, from 09/15/1997 to 09/30/1997, a total of 49 days are illegally excluded from the vacation period when working in this organization. OOO<данные изъяты>feller from 11/03/1997 to 12/30/1999-2 years 1 month 27 days. This experience is confirmed by a work book. The profession of a feller is provided for by List N 273, the specified position is included in a single technological process. Periods of work in ZAO<данные изъяты>and OOO<данные изъяты>in the position of a feller, according to the work book, the period from 12/30/1999 to 09/30/2002 is listed, the periods are excluded from the experience: from 01/13/2000 to 01/31/2000, from 04/01/2000 to 04/30/2000, from 05/04/2000 to 06/30/20 00 , from 11.07.2000 to 31.07.2000, from 13.10.2000 to 31.10.2000, from 11.11.2000 to 30.11.2000, from 01.02.2001 to 28.02.2001, from 10.03.2001 to 31.03. 2001, from 01.05.2001 to 06/30/2001, from 07/09/2001 to 07/31/2001, from 08/29/2001 to 09/30/2001, from 11/13/2001 to 11/30/2001, from 03/13/2002 to 03/31/2002, from 05/17/2 002 to 05/31/2002 from 07/14/2002 to 07/31/2002, from 09/15/2002 to 09/30/2002, in total 1 year 2 months 1 day. All these periods, the plaintiff worked in the specified position, wages were paid, he was not on leave without pay. The plaintiff believes that the periods of his work as a feller in LLC<данные изъяты>, since he worked in this organization full time, working conditions did not change, he did not go on vacation without pay. From 10.10.2009 to the present, the plaintiff has been working for SP FULL NAME17 as a feller. The following periods were excluded from the work experience of the plaintiff: from 04/01/2010 to 04/30/2010, from 10/15/2010 to 11/25/2010, from 05/10/2011 to 06/08/2011, from 06/20/2011 to 07/10/2011, from 09/23/2011 011 to 31.10 .2011, total 5 months 6 days. He asked the court to recognize the decision of the GU - U1TF RF in the Darovsky district of the Kirov region N dated<дата>on the refusal to assign a pension illegal, include controversial periods - a total of 15 years 2 months 29 days in a special length of service, giving the right to early appointment of an old-age labor pension, assign a labor pension from the moment of applying to the pension fund, that is, from 11/18/2013, collect defendant's legal costs for compiling statement of claim in total<данные изъяты>
On May 05, 2015, the Kotelnichsky District Court of the Kirov Region ruled to dismiss the claims.
In the appeal FULL NAME38. indicates the illegality and groundlessness of the decision. Refers to the arguments set forth in the statement of claim. Asks the decision to cancel, make a new decision to satisfy the claims.
In objections to the appeal, the GU - the Office of the Pension Fund of the Russian Federation in the Darovsky district of the Kirov region refers to the fact that in most cases the existence of a single technological process remains unproven, and also that some periods of work are reflected by the Insurers without indicating the benefit code. IP FULL NAME16 did not charge an additional rate of pension insurance contributions to the pension fund of the Russian Federation. They ask the court's decision to be left unchanged, and the complaint - without satisfaction.
At the meeting of the court of appeal FULL NAME39 and his representatives on oral petition FULL NAME40. and FULL NAME41 supported the arguments of the complaint. They believe that the pension should be assigned from the date of application to pension authority, at the same time did not object to the appointment of her at other times at the discretion of the court. FULL NAME42 explained that again in more late dates did not apply for a pension. He explained his appeal to the court in 2015 by the fact that he had been collecting documents for a long time.
The representative of the GU - management of the Pension Fund of the Russian Federation in the Darovsky district of the Kirov region, acting on the basis of order FULL NAME43, insisted on the arguments of the objections to the appeal.
Having studied the case file, discussing the arguments of the appeal and objections to it, checking in accordance with Art. 327.1 Code of Civil Procedure of the Russian Federation legality and validity of the decision of the court of first instance, the panel of judges comes to the following conclusions.
In accordance with subparagraph 2 of paragraph 1 of Article 27 of the Federal Law N 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation" labor pension old age is assigned before reaching the age established by Article 7 of this Law, for men upon reaching the age of 55 years and for women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have insurance experience at least 25 and 20 years respectively.
In the event that these persons have worked at the listed jobs for at least half of the established period and have the required duration insurance experience, a labor pension is assigned to them with a decrease in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women.
In accordance with paragraphs. 7 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ “On labor pensions in the Russian Federation”, early labor old-age pension is established 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 as workers, foremen (including senior ones) directly at logging and timber rafting, including maintenance of mechanisms and equipment, and have insurance experience of at least 25 and 20 years, respectively.
Paragraph 2 of Art. 27 of this law provides that the Lists of relevant works, industries, professions, positions and specialties and institutions, taking into account which a labor pension is assigned, provided for in paragraph I of Article 27 of the Federal Law "On labor pensions in the Russian Federation", the rules for calculating periods of work and assigning labor pensions in case of necessary, approved by the Government of the Russian Federation.
According to the explanations set out in paragraph 19 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 11, 2012 N 30 "On the practice of court consideration of cases related to the realization of the rights of citizens to labor pensions" by the will and in the interests of the insured person applying for the establishment of an early labor pension according to old age according to the norms of Federal Law N 173-FZ, periods of work until January 1, 2002 can be calculated on the basis of previously existing regulatory legal acts.
The Court of First Instance established and confirmed by the materials of the case that<дата>the plaintiff, upon reaching the age of 55 years, applied to the pension fund with an application for the appointment of an early retirement old-age pension in accordance with paragraphs. 7 p. 1 art. 27 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation".
Decision of the Pension Fund No. dated<дата>the plaintiff was denied the appointment of an old-age labor pension due to the lack of the required length of service. Documented special experience FULL NAME44. amounted to 02 years 07 months 16 days, with which he does not agree.
By decision of the Pension Fund No.<дата>The periods from 11/05/1988 to 05/11/1989, from 10/18/1994 to 04/15/1995, from 10/03/1995 to 04/15/1996, from 10/01/1996 to 01/02/1997 are excluded from the claimant's privileged service, since the archival certificate dated<дата>N it is confirmed that according to the boiler room<данные изъяты>schools used the type of fuel “wood” List 2, section XXXII, position 23200000-13786 provides for “engineers (stokers) of the boiler house (on coal and shale), including those employed in the removal of ash.
According to the information from the Department of Education<дата>. claimant from 11/05/1988 to 05/11/1989, from 10/18/1994 to 04/15/1995, from 10/03/1995 to 04/15/1996, from 10/01/1996 to 01/02/1997 worked in<данные изъяты>school boiler room stoker. Information about what type of fuel was used in the operation of the boiler school cannot be given due to the lack of documents.
From the archival certificate of the administration of the Darovsky district of the Kirov region dated<дата>N follows that in the archival documents of the Varzhensky rural Council of people's deputies, the administration of the Piksursky rural district of the Darovsky district of the Kirov region for 1988-1989, 1994-1997 in the cost estimates<данные изъяты>The school has information about the type of fuel for the boiler house in the section “Calculation of heating costs, the type of fuel is indicated: firewood”.
Considering the claims of the plaintiff, Fr. inclusion in his seniority, giving the right to early appointment of a labor pension, a period of work in<данные изъяты>school as a fireman of the boiler room from 11/05/1988 to 05/11/1989, from 10/18/1994 to 04/15/1995, from 10/03/1995 to 04/15/1996, from 10/01/1996 to 01/02/1997 and refusing to meet these requirements , the court of first instance proceeded from the fact that the condition for the early assignment of a pension to stokers is their work in industrial boiler houses or in boiler houses using coal and shale, this condition was not established in this case.
<данные изъяты>
According to the clarifications of the State Committee of the Council of Ministers of the USSR on labor and wages and the Secretariat of the All-Union Central Council of Trade Unions dated April 02, 1976 N 5/8 “On the procedure for applying the lists 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”, placed in List No. 2 “General Professions”, apply to all sectors of the national economy.
<данные изъяты>school boiler stoker from 11/05/1988 to 05/11/1989 (6 months 7 days) is subject to inclusion in the special experience of the plaintiff, giving him the right to appoint an early retirement pension for old age.
- ConsultantPlus: note.
Apparently, there was a misprint in the text of the document: section XXXIII of the Decree of the Cabinet of Ministers of the USSR dated 01.26.1991 N 10, and not XXXP, is meant.
- Approved by the Decree of the Cabinet of Ministers of the USSR of 01/26/1991 N 10 List N 2 of the production of shops, professions and positions with difficult working conditions, work in. which gives the right to a state pension on preferential terms and in preferential amounts, in the section XXXP "General professions" provided for the position of "stokers of industrial boilers and industrial furnaces". This list shall be applicable from January 1, 1992.
Thus, the condition for the early assignment of pensions to stokers is their work in industrial boiler houses or in boiler houses using coal and shale. Since the admissible evidence of the use of coal in the boiler room<данные изъяты>schools when working as a stoker in the periods from 10/18/1994 to 04/15/1995, from 10/03/1995 to 04/15/1996, from 10/01/1996 to 01/02/1997 in the case file when considering the case on the merits is not presented, the conclusions of the court of first instance on the refusal to include the indicated periods in the benefit period should be recognized as justified.

Determined:

The decision of the Kotelnichsky District Court of the Kirov Region dated May 05, 2015 is canceled, and a new decision is made on the case.
Claims FULL NAME59 to the State Institution - Office of the Pension Fund of the Russian Federation in the Darovsky District of the Kirov Region on the recognition of the decision of the State Institution - Office of the Pension Fund of the Russian Federation in the Darovsky District of the Kirov Region as illegal from<дата>N inclusion in the special length of service periods of work, the appointment of an early labor pension for old age - partially satisfy.
To oblige the GU - the Office of the Pension Fund of the Russian Federation in the Darovsky district of the Kirov region to include in the length of service FULL NAME60, giving the right to the appointment of an early retirement old-age pension, periods of work: from 11/05/1988 to 05/11/1989 in<данные изъяты>school stoker boiler room; from 11/03/1997 to 12/29/1999 in LLC<данные изъяты>as a feller; from 01.10.2002 to 30.09.2003 in LLC<данные изъяты>as a feller; from 01.10.2003 to 28.09.2004 in LLC<данные изъяты>as a feller; from 11.10.2004 to 26.11.2004 in CJSC<данные изъяты>as a feller; from 01/01/2005 to 02/16/2006 in LLC<данные изъяты>as a feller; from 01.10.2007 to 19.02.2008 in LLC<данные изъяты>as a feller; from 10.10.2009 to 03.31.2010, from 05.01.2010 to 10.14.2010, 11.26.2010 to 05.09.2011, from 06.03.2011 to 06.19.2011 ., from 07/11/2011 to 09/30/2011, 11/01/2011 to 09/30/2013, 12/07/2013 to 05/21/2014 at IP FULL NAME33 as a feller.

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Thanks for the answer, but to be honest, I'm not a lawyer and it's hard for me to fully understand the essence of what I read.
Ksenia

Ksenia, to be honest, I myself am not very oriented in this matter.

Here is a special excerpt from the decision.

The conclusion of the court of first instance regarding the refusal to include FULL NAME45 in the length of service giving the right to early appointment of a labor pension, a period of work in<данные изъяты>school in the position of fireman of the boiler house from 11/05/1988 to 05/11/1989 cannot be considered correct, since the Resolution of the Council of Ministers of the USSR of August 22, 1956 N 1173 approved the List of positions and institutions, work in which is counted in the length of service, giving the right to early retirement old age for persons with difficult working conditions, which was in effect in various editions until January 01, 1992.
In this List (Section XXXII "General Professions"), the position was included - stokers of industrial boiler houses and industrial furnaces without indicating the type of fuel on which the boiler house operates.
According to the clarifications of the State Committee of the Council of Ministers of the USSR on labor and wages and the Secretariat of the All-Union Central Council of Trade Unions dated April 02, 1976 N 5/8 “On the procedure for applying the lists 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”, placed in List No. 2 “General Professions”, apply to all sectors of the national economy.
Thus, to include the period of work according to the named List of 1956 as a fireman, it does not matter the type of fuel on which the boiler house worked and the type of sector of the national economy in which the employee worked.
Therefore, confirmed by the case materials FULL NAME46. V<данные изъяты>school boiler stoker from 11/05/1988 to 05/11/1989 (6 months 7 days) is subject to inclusion in the special experience of the plaintiff, giving him the right to appoint an early retirement pension for old age.

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Refusal to assign a pension to the fireman of the school boiler house
Document dated 08/10/2010, published on the website on 09/01/2010 under the number 20078, 2nd civil, On the recognition of the right to early appointment of an old-age pension, the decision (main requirements) was completely canceled and the case was sent for a new consideration

U L I A N O V S I O B L A S T O Y CUD

U L I A N O V S K I YO B L A S T N O YS U D

Case No. 33- 2882/2010 Judge Aristova I.V.

DEFINITION

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

presiding Zhadnov Yu.M.,

judges Baboydo I.A., Kostyunina N.V.,

under Secretary Taranova A.O.

considered in open court a civil case on the cassation appeal of the Office Pension Fund of the Russian Federation in the Cherdaklinsky district of the Ulyanovsk region on the decision of the Cherdaklinsky district court of the Ulyanovsk region of June 24, 2010, according to which it was decided:

Claims of Lisin C*** A*** satisfy.

Recognize the decision of the Office of the Pension Fund of the Russian Federation (state institution) in the Cherdaklinsky district to recognize as illegal the decision of the commission to refuse to grant a pension on preferential terms and to recognize the right to an early old-age pension as illegal.

Include in the special seniority of Lisina S*** A*** the periods of work from 07/31/1996 to 02/15/2000, 02/16/2000 to 12/03/2009. in the position of senior fireman of the boiler room of the C *** secondary school.

To oblige the Office of the Pension Fund of the Russian Federation (state institution) in the Cherdaklinsky district to appoint Lisina S*** A*** early retirement old age from 04 December 2009.

After hearing the report of Judge N.V. Kostyunina, the panel of judges

U T A N O V I L A:

Lisin S.A. applied to the court with a claim, clarified during the trial, to the Office of the Pension Fund of the Russian Federation (state institution) in the Cherdaklinsky district for the appointment of an early retirement old-age pension from 04.12.2009.

In support of the stated requirements, he indicated that the defendant did not count the periods of work from 07/31/1996 to 02/15/2000, from 02/16/2000 to 12/03/2009 as a senior stoker of the boiler room of the C *** secondary school in connection with with the fact that documents confirming the maintenance of solid fuel boilers (coal and oil shale) and the nature of the work were not presented. Since during the indicated periods he constantly worked as a fireman, after the end of the heating season he was engaged in cleaning heating appliances, his special experience is more than 12 years 6 months, insurance for more than 30 years, he has the right to early appointment of a labor pension due to difficult working conditions.

Having decided on the merits of the claims stated in the case, the court ruled the decision cited above.

In the appeal, the Office of the Pension Fund of the Russian Federation in the Cherdaklinsky district of the Ulyanovsk region asks the court to cancel the decision as made with a material violation of substantive law, to issue a new one to refuse to satisfy the claim. At the same time, he indicates that the periods of work of the plaintiff in the position of a senior stoker cannot be counted as a special length of service, since Lisin's permanent employment as a machinist (fireman) of a boiler house (on coal and shale), including those employed in ash removal, is not confirmed. The work of a stoker is seasonal; the period when stokers are engaged in repair work is not included in the special experience.

After checking the case materials, discussing the arguments of the cassation appeal, having heard the representative of the UPF RF in the Cherdaklinsky district Motkova L.B., who supported the arguments of the complaint, Lisin S.A. with lack of evidence established by the court of first instance of the circumstances relevant to the case.

From the case file it appears that on 04.12.2009 Lisin SA. appealed to the defendant with a statement on the appointment of an early labor old-age pension in connection with work with difficult working conditions.

By the decision of the Main Directorate of the UPF of the Russian Federation in the Cherdaklinsky district of the Ulyanovsk region of December 16, 2009, the claimant was denied a pension due to the lack of special experience. From 31.07.1996 to 03.12.2009 as a senior stoker of the C*** secondary school from 31.07.1996 to 03.12.2009, due to the lack of documentary evidence of permanent employment as a driver (fireman) of a boiler house (on coal and shale), including employed in the removal of ash. The period of work from February 16, 2000 (from the date of Lisin's registration in the compulsory pension insurance system) is not confirmed by an extract from an individual personal account as a period with special working conditions.

In accordance with subparagraph 2 of paragraph 1 of article 27 of the Federal Law "On labor pensions in the Russian Federation" dated 12/17/2001. 173-FZ, an old-age labor pension is granted to men upon reaching the age of 55 and to women upon reaching the age of 50 if they have worked in jobs with difficult working conditions (List No. 2), respectively, for at least 12 years, 6 months and 10 years and have insurance at least 25 and 20 years of experience, respectively.

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 with a decrease in age (men - 60 years, women - 55 years) by one year for every 2 years and 6 months such work for men and for every 2 years of such work for women.

Section XXXIII of List No. 2, approved by the Decree of the Cabinet of Ministers of the USSR of 26.01.1991. No. 10, machinists (stokers) of the boiler house (on coal and oil shale), including those employed in the removal of ash, are provided.

Thus, a prerequisite for assigning a pension under List No. 2 to a boiler engineer (fireman) is the maintenance of coal and oil shale boilers. This circumstance must be confirmed by documents in each specific case.

When considering the case, the court came to the conclusion that Lisin was granted an early labor old-age pension and that the period of work as a senior fireman of the C *** secondary school from July 31, 1996 to December 3, 2009 was included in his special length of service due to the fact that the plaintiff worked in difficult conditions established by the court. At the same time, the court proceeded from a certificate issued by the Cherdaklinsky District Education Department stating that the boiler house has been running on solid fuel (coal) since 1990 since it was put into operation; from orders for 1997-2009. on granting Lisin vacations in summer period for 28 working days; from the act of documentary verification of June 23, 2010, carried out by the pension fund, from which it follows that Lisin worked as a fireman in S *** during the disputed periods high school, has a surcharge for night hours for some months. Other evidence in support of the special work experience of the plaintiff was not given by the court.

In doing so, the court did not take into account the following circumstances:

The issues of calculating the length of service in the relevant types of work are also regulated by the Rules for calculating periods of work giving the right to early appointment of an old-age labor pension in accordance with Art. 27, 28 of the Federal Law "On labor pensions in the Russian Federation", approved by the Decree of the Government of the Russian Federation No. 516 dated July 11, 2002.

By virtue of clause 4 of these Rules, the length of service giving the right to early appointment of an old-age labor pension includes periods of work performed constantly for a full working day, unless otherwise provided by the Rules or other regulatory legal acts, subject to payment for these periods insurance contributions to the Pension Fund of the Russian Federation.

Permanent full-time employment is one of the main conditions for granting the right to early appointment of an old-age labor pension, which, for the purpose of uniform application of pension legislation on preferential pension provision, is enshrined in the Clarification of the Ministry of Labor of Russia dated May 22, 1996 No. 5. In accordance with According to the Clarification of the Ministry of Labor of Russia, a full working day is understood as the performance of work in the working conditions provided for by the Lists of the relevant types of work, at least 80% of the working time.

The fact of performing work in working conditions provided for during a full working day can be proved by any means from among those indicated in Part 1 of Art. 55 Code of Civil Procedure of the Russian Federation.

The profession of a machinist - a stoker of a boiler room was provided for by the river. XIV List No. 2 of 1956. In the List of 1991, the profession of firemen of a boiler house (on coal and slate) is listed.

The court has not clarified whether Lisin performed the work of a driver (fireman) of a solid fuel boiler house in the disputed period for a full working day, how he combined the work of a senior fireman, groom. Not established heating periods, and what types of work were performed by the plaintiff during the inter-heating periods.

The court did not reliably establish on what type of fuel this boiler house operated in the period from 1996 to 2009. The certificate issued by the head of the department of education dated 06/18/2010 on the operation of the school's boiler house since 1990 on solid fuel (coal) has not been evaluated. On the basis of what documents this certificate was issued by the court, it has not been clarified; the certificate itself does not contain grounds for its issuance. At the same time, there is no certificate confirming the preferential nature of the plaintiff's work in the case file.

The period of work from February 16, 2000 (from the date of Lisin's registration in the compulsory pension insurance system) is not confirmed by an extract from an individual personal account as a period with special working conditions.

The court did not take into account the resolution of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22 (as amended on May 29, 1991), according to which stokers are granted additional holidays when working on solid fuel.

In view of the above, by virtue of subparagraph 2 of paragraph 1 of Article 362 of the Code of Civil Procedure of the Russian Federation, the court decision is subject to cancellation.

In a new consideration of the case, the court must eliminate the above shortcomings, comprehensively examine the actual circumstances of the case; it is necessary to carefully check whether the plaintiff's arguments that he worked full-time as a fireman of a coal-fired boiler house during the contested period, thoroughly and fully examine the evidence submitted to the court, more fully verify the arguments of the parties and, taking into account the evidence collected in the case, decide , corresponding to the norms of substantive and procedural law.

Guided by Article 361 of the Code of Civil Procedure of the Russian Federation, the Judicial Board

ABOUT D E L I L A:

The decision of the Cherdaklinsky District Court of the Ulyanovsk Region dated June 24, 2010 to cancel, to send the case for a new trial to the same court.

presiding

1. Can you tell me if car painter and stoker are privileged professions for applying for a pension?

1.1. Hello
List No. 2 (approved by Decree of the Cabinet of Ministers of the USSR of 01.26.1991 N 10 (as amended on 02.10.1991) "On approval of the Lists of industries, jobs, professions, positions and indicators giving the right to preferential pension provision" Section XXXIII. General professions the position is provided 23200000-13162 Stokers of technological furnaces employed in industries where the main workers enjoy the right to preferential pension provision,
as well as the position 23200000-13786 Engineers (stokers) of the boiler house (on coal and shale), including those employed in the removal of ash

Also, painters who are constantly employed in work using harmful substances not lower than hazard class 3.

2. A person worked in a budget-funded institution as a stoker, when he applied for a preferential pension, he was refused because the organization did not submit him in the lists for a preferential pension. Who is responsible for this?

2.1. In general, the organization is responsible for this. And the organization needs to be called to account. Let the organization itself figure out which specialist did not prepare the documents.

2.2. Appeal the appointment committee's decision PFR pensions in a court. The application for the appointment of a pension is carried out by the employee himself. Good luck.

3. The archive was burned. The commander is dead. How to collect certificates of a preferential pension for a stoker yourself?

3.1. Hello! Contact the city archive, it is possible that personnel documents and payroll records were handed over before the archive was destroyed.

4. A 57-year-old fireman was refused in writing for a preferential pension.

4.1. --- Hello, contact any lawyer and he will draw up a statement of claim in court against the refusal received from the Pension Fund, within 3 months you can appeal it in court. Good luck to you and all the best.

5. How many years do stokers live on a preferential pension? Fireman's age for retirement if he lives?

5.1. --- Hello, yes, if health allows, then they can live up to a hundred years, how do we know how old and who lives? Good luck to you and all the best.

6. Is there in the Altai Territory preferential pension stokers, and if so, how many years do you need to work as a stoker in a solid fuel (coal) boiler room and manually remove ash.

6.1. Dear Nikolay!
The answer is yes - boiler house drivers, stokers of technological furnaces are provided with benefits that give them the right to early retirement benefits (Section XXXIII of List No. 2, approved by Resolution of the Cabinet of Ministers of the USSR of 01.26.91 No. indicators giving the right to preferential pension provision", taking into account which the old-age labor pension is assigned ahead of schedule").

7. Is there a preferential pension for a stoker-engineer of solid fuel (coal), 30 years of experience, seasonal heating, an institution and a residential building with 16 apartments are heated? Thank you.

7.1. Hello!

YES, it is
GOOD LUCK TO YOU

8. I draw up a preferential pension at the age of 50, a region of the Far North, a fireman on solid fuel. They require a certificate of the preferential nature of work as a stoker. Is it not enough that this is noted in the labor. Where can I get this certificate if the company has been renamed several times.

8.1. Good afternoon, in order to appoint an early pension, there must be a certificate specifying the nature of preferential work, this certificate also indicates whether it is a full-time job or not, vacations without pay, etc. that is, a clarifying certificate is required, take it at the enterprise, it has been renamed, but not liquidated, therefore, they must issue a certificate indicating all orders to rename the enterprise.

9. Worked as a stoker for 6 years. Can I get a discounted pension?

9.1. According to subparagraph 2 of paragraph 1 of Article 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, an old-age labor pension is assigned ahead of schedule to men upon reaching the age of 55 years and to women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions, respectively, at least 12 years, 6 months and 10 years and have insurance experience of at least 25 years and 20 years, respectively.

The right to early retirement in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in the removal of ash, is determined in accordance with Lists No. approved by the Government of the Russian Federation.

A prerequisite for the appointment of an early pension under the List is the maintenance of solid fuel boilers (coal, oil shale). This circumstance is confirmed by documents in each specific case.

If the boiler room runs on a different fuel (fuel oil, firewood, etc.), periods of work in such a boiler room are not subject to seniority.

10. Is the work of a bricklayer, a machinist (fireman) of a coal-fired boiler house, an asphalt worker, a delimbing work summed up for a pension?

10.1. Yes. summed up.

11. The employee is suing the PF for the appointment of a preferential pension as a driver (fireman) of a boiler plant. The problem is that in the work book there is an entry as a driver (fireman) of a boiler plant, and in List No. 2, section XXXIII \ General professions, the profession is indicated as a driver (fireman) of a boiler room. How to prove that these are identical professions?

11.1. Provide the court with job descriptions, technological maps

12. My dad worked as a fireman on coals for 5 years. Does he have the right to retire on preferential terms?

12.1. 5 years of service is not enough to get a preferential pension

13. Preferential experience as a stoker (coal) 5.6 years in the north, total experience 30 years. At what age can you retire?

13.1. If you have 20 years of northern experience in areas equated to areas of the Far North

14. How to go on a preferential pension, working as a fireman and having an experience of 7 years 2 months. and 9 days. Is it possible at 58? Thank you.

14.1. It is necessary to submit an application to the FIU for the appointment of an early insurance pension in accordance with Art. 30 of the Federal Law "On insurance pensions":
"The old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30 to the following persons:
1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years and 6 months in underground work, in work with harmful working conditions and in hot shops and have an insurance record of at least 20 years old and 15 years old. In the event that these persons have worked at the listed jobs for at least half of the period established above and have the required length of insurance experience, insurance pension they are appointed with a decrease in the age established by Article 8 of this Federal Law by one year for each full year such work - to men and women;
2) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have an insurance record of at least 25 years and 20 years, respectively. 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, the insurance pension is assigned to them with a decrease in the age provided for in Article 8 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;
3) women upon reaching the age of 50 if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;
4) women upon reaching the age of 50 years, if they have worked for at least 20 years in textile industry at work with increased intensity and severity;
5) 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 as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and subway, as well as drivers trucks directly in the technological process in mines, cuts, mines or ore quarries for the export of coal, shale, ore, rocks and have an insurance record of at least 25 years and 20 years, respectively;
6) 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 and geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have an insurance record of at least 25 years and 20 years, respectively;
7) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked respectively for at least 12 years 6 months and 10 years as workers, foremen (including seniors) directly at logging and timber rafting, including maintenance of mechanisms and equipment, and have insurance experience of at least 25 years and 20 years, respectively;
8) 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 20 years and 15 years as machine operators (docker-machine operators) of integrated teams in loading and unloading operations in ports and have insurance experience, respectively, not less than 25 years and 20 years;
9) 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 as seafarers on ships of the sea, river fleet and the fleet of the fishing industry (with the exception of port ships permanently operating in the port waters, auxiliary and crew vessels, suburban and intracity ships) and have an insurance record of at least 25 years and 20 years, respectively;
10) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes for at least 20 years and 15 years, respectively, and have an insurance record of at least 25 years, respectively, and 20 years;
11) persons directly employed full-time in underground and open-cast mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in these jobs at least 25 years old, and for workers of leading professions - stope miners, drifters, jackhammers, mining machine operators, if they have worked in such work for at least 20 years;
12) men and women who have worked, respectively, for at least 25 years and 20 years on ships of the navy of the fishing industry in work on the extraction, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships sea, river fleet and fleet of the fishing industry;
13) men who have worked for at least 25 years, and women who have worked for at least 20 years in the flight crew of civil aviation, and when leaving flight work for health reasons - men who have worked for at least 20 years, and women who have worked for at least 15 years in the specified composition of civil aviation;
14) for men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in the direct control of civil aviation flights for at least 12 years 6 months and 10 years, respectively, and have an insurance record of at least 25 years and 20 years, respectively. years;
15) for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in the engineering and technical staff for the direct maintenance of civil aviation aircraft for at least 20 years and 15 years, respectively, and have an insurance record in civil aviation, respectively, not less than 25 years and 20 years;
16) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the federal executive body responsible for the development and implementation of state policy, legal regulation in the field of civil defense, protection of the population and territories from emergency situations of a natural and man-made nature, and who participated in the liquidation of emergency situations, upon reaching the age of 40 years or regardless of age;
17) men upon reaching the age of 55 and women upon reaching the age of 50, if they have been employed at work with convicts as workers and employees of institutions executing criminal sentences in the form of deprivation of liberty, respectively, for at least 15 years and 10 years and have insurance at least 25 and 20 years of experience, respectively;
18) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in the positions of the State Fire Service (fire brigade, fire fighting and emergency rescue services) of the federal executive body responsible for the development and implementation of state policy, regulatory legal regulation in the field of civil defense, protection of the population and territories from natural and man-made emergencies;
19) persons who have been exercising for at least 25 years pedagogical activity in institutions for children, regardless of their age;
20) persons who have been carrying out medical and other activities to protect the health of the population in healthcare institutions for at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, rural areas and urban-type settlements or only in cities, regardless of their age ;
21) persons who have been performing creative activities on stage in theaters or theater and entertainment organizations (depending on the nature of such activities) for at least 15-30 years and have reached the age of 50-55 years or regardless of age.
Periods of work (activity) that took place before the day this Federal Law came into force may be calculated using the calculation rules provided for by the legislation in force when a pension was awarded during the period of performance of this work (activity).

14.2. if you are suitable, then you can Machinists (stokers) of the boiler house enjoy preferential pension provision in accordance with Art. 27 p.1.2. Law No. 173-FZ of December 17, 2001 (List No. 2, section XXXIII "General Professions" of position 23200000-13786), that is, an old-age pension for men is assigned upon reaching 55 years old, for women - 50 years old, if they have worked, respectively, not less than 12 years 6 months and 10 years in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in ash removal, and having a total work experience of at least 25 and 20 years. Engineers (stokers) of the boiler house enjoy preferential pension provision in accordance with Art. 27 p.1.2. Law No. 173-FZ of December 17, 2001 (List No. 2, section XXXIII "General Professions" of position 23200000-13786), that is, an old-age pension for men is assigned upon reaching 55 years old, for women - 50 years old, if they have worked, respectively, not less than 12 years 6 months and 10 years in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in ash removal, and having a total work experience of at least 25 and 20 years. The driver (fireman) of the boiler house is the full name of the profession (ETKS, issue 1), therefore it is completely erroneous to believe that work in the boiler room gives the right to a pension according to List No. 2 to a worker of this profession. In accordance with the ETKS, the boiler operator (fireman) maintains hot water and steam boilers, both in the boiler room and separately located (including on steam railway cranes), as well as heating network boiler installations or crumpled steam stations located in the service area of ​​the main aggregates. All of these jobs are eligible for retirement benefits. A prerequisite for assigning a pension under List No. 2 to a boiler engineer (fireman) is the maintenance of solid fuel boilers (coal and oil shale). This circumstance must be confirmed by documents in each specific case. To determine the right to early retirement benefits for the driver (fireman) of the boiler house, it does not matter the thermal conductivity of hot water and steam boilers, which can be at least 3 Gcal / hour, and more than 130 Gcal / hour, and also for what purposes steam and water are produced (for technological and household needs). If the work in the boiler room (boilers) is seasonal and at a time when the boiler room (boiler) is not working, and the machinists (stokers) are engaged in repair work, this period is not counted as a special seniority. Engineers (stokers) of boiler houses, who, along with maintenance of hot water and steam boilers, perform ash removal work, or only remove ash from furnaces and boiler bunkers, also enjoy the right to an early retirement pension in accordance with List No. 2. The word "stoker" in the profession "Machinist (fireman) of the boiler house" specifies that this profession includes a fireman, therefore, if according to the work book a worker is listed as a boiler operator or a boiler house fireman, then in the first and second cases he will be entitled to early retirement benefits Drivers (stokers) of boiler houses acquire the right to preferential pension provision in accordance with Section XXXIII of List No. 2, regardless of which buildings and premises they heat (enterprises or schools, kindergartens, libraries and other small buildings and premises are heated not by boilers, but with the help of furnaces For workers servicing such furnaces (regardless of what fuel they operate on), the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS, issue 01) provides for the profession "Stoker", which Lists No. 1 and 2 is not provided According to the Decree of the Government of the Russian Federation of July 24, 2002 No. 555, the periods of work prior to the registration of a citizen as an insured person are confirmed by a work book, other documents issued by employers or relevant state bodies, after registration of a citizen as an insured person - on the basis of information individual (professional) accounting. At present, individual information, taking into account the preferential length of service of the boiler house drivers (stokers), is submitted to the Pension Fund of the Russian Federation by only two employers - the Seikinskoe Housing and Public Utilities Municipal Unitary Enterprise and the Vesely Mine OJSC.
http://www.listock.ru/imp_3306

14.3. Engineers (stokers) of the boiler house enjoy preferential pension provision in accordance with Art. 27 p.1.2. Law No. 173-FZ of December 17, 2001 (List No. 2, section XXXIII "General Professions" of position 23200000-13786), that is, an old-age pension for men is assigned upon reaching 55 years old, for women - 50 years old, if they have worked, respectively, not less than 12 years 6 months and 10 years in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in ash removal, and having a total work experience of at least 25 and 20 years. Engineers (stokers) of the boiler house enjoy preferential pension provision in accordance with Art. 27 p.1.2. Law No. 173-FZ of December 17, 2001 (List No. 2, section XXXIII "General Professions" of position 23200000-13786), that is, an old-age pension for men is assigned upon reaching 55 years old, for women - 50 years old, if they have worked, respectively, not less than 12 years 6 months and 10 years in the position of a machinist (fireman) of a boiler house (on coal and oil shale), including those employed in ash removal, and having a total work experience of at least 25 and 20 years.
A prerequisite for assigning a pension under List No. 2 to a boiler engineer (fireman) is the maintenance of solid fuel boilers (coal and oil shale). This circumstance must be confirmed by documents in each specific case. To determine the right to early retirement benefits for the driver (fireman) of the boiler house, it does not matter the thermal conductivity of hot water and steam boilers, which can be at least 3 Gcal / hour, and more than 130 Gcal / hour, and also for what purposes steam and water are produced (for technological and household needs). If the work in the boiler room (boilers) is seasonal and at a time when the boiler room (boiler) is not working, and the machinists (stokers) are engaged in repair work, this period is not counted as a special seniority. Engineers (stokers) of boiler houses, who, along with maintenance of hot water and steam boilers, perform ash removal work, or only remove ash from furnaces and boiler bunkers, also enjoy the right to an early retirement pension in accordance with List No. 2. The word "stoker" in the profession "Machinist (fireman) of the boiler house" specifies that this profession includes a fireman, therefore, if according to the work book a worker is listed as a boiler operator or a boiler house fireman, then in the first and second cases he will be entitled to early retirement benefits Drivers (stokers) of boiler houses acquire the right to preferential pension provision in accordance with Section XXXIII of List No. 2, regardless of which buildings and premises they heat (enterprises or schools, kindergartens, libraries and other small buildings and premises are heated not by boilers, but with the help of furnaces For workers servicing such furnaces (regardless of what fuel they operate on), the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS, issue 01) provides for the profession "Stoker", which Lists No. 1 and 2 not provided

14.4. Unfortunately you can't. In accordance with paragraphs. 7 p. 1 art. 27 of the Federal Law "On labor pensions in the Russian Federation", early retirement old-age pension is assigned earlier than the age established by Art. 7 of the law, - for men upon reaching the age of 55, if they have at least 25 years of general insurance experience and at least 12 years 6 months were employed in work with harmful, difficult working conditions, as well as other professional activities in which the human body exposed to the adverse effects of various kinds of factors due to the specifics and nature of work.

14.5. Hello. List No. 1 approved by the Decree of the Cabinet of Ministers of the USSR on 08/09/1991 No. 591 gives the right to early retirement to depot stokers who have worked for at least 10 years in harmful conditions.

14.6. Good afternoon, Galina Valentinovna, the drivers (stokers) of a coal and oil shale boiler house enjoy the right to early retirement under List 2, subparagraph 2 of paragraph 1 of Article 30 of the Federal Law of December 28, 2013. No. 400-FZ, men aged 55 and women aged 50, with a preferential service of 12.6 years and 10 years, respectively, and a total length of service of 25 and 20 years.
If there is at least half of the required preferential service, the right to early retirement is determined by the reduced age, for men for 2 years 6 months of preferential work, the age for early retirement is reduced by one year, for women for two years of preferential service, the age is reduced by one year. If the question concerns a man, then there is a right to an early retirement at the age of 58 if you worked as a fireman on solid fuel and you have confirmation of this.

14.7. it will be social pension in old age, but in these years with such length of service, wait until the deadline, Federal Law of the Russian Federation "On labor pensions in the Russian Federation"

15. They refused preferential early retirement to the stoker-husband. The enterprise was liquidated. The head of the district administration gave a certificate of solid fuel. It is considered invalid. Since the head confirmed in writing. And there are no documents for the write-off of coal. 1970-89. All boiler houses still work on coal. Tell me what to do. Thank you.

15.1. Hello Lyudmila Nikolaevna!
You need to go to court.
You can contact me for advice, as well as drawing up a statement of claim in court.
Email me: [email protected]

16. Tell me, what time do you get a preferential pension? If you worked as a stoker for many years?

16.1. Men retire at 55

17. Please, is the profession of a stoker of technological furnaces eligible for a preferential pension? And what list?

17.1. Depending on which production

18. Can I retire at the age of 53? I have a stoker and a marine 6 years old. Northern 33 years old.

18.1. RUSSIAN FEDERATION
THE FEDERAL LAW"
ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"

"Article 28. Retention of the right to early assignment of a labor pension to certain categories of citizens
1. An old-age labor pension is assigned before the achievement

law, to the following citizens:
6) men after reaching the age of 55 and women after
reaching the age of 50 if they have worked for at least 15
calendar years in the regions of the Far North or at least 20
calendar years in areas equivalent to them and have an insurance
at least 25 and 20 years of experience, respectively.
Citizens who worked both in the regions of the Far North and in
areas equated to them, the labor pension is established for
15 calendar years of work in the Far North. At the same time, each
calendar year of work in areas equated to districts
Far North, counted as nine months of work in the regions
Far North.
Citizens who have worked in the Far North for at least
7 years 6 months, labor pension is assigned with a reduction
age established by Article 7 of this Federal
law, for four months for each full calendar year of work
in these areas. When working in areas equated to districts
Far North, as well as in these areas and regions of the Far North
Sever, the provision of the second paragraph of this subparagraph applies; "
From the age of 55 you are entitled to a pension

19. The stoker is 15 years old. preferential pension? boiler room on the coal.

19.1. Judging by the text, if there is enough insurance experience, there is a right to early retirement, from the age of 55.

20. The FIU refused to assign a preferential pension to the stoker for the reason that the Taiga heating apparatus (name according to the passport) was installed in the boiler room, but a heating boiler was needed. Although both of them work on solid fuels. Is the refusal valid or not? Andrey.

20.1. Judging by the text, if the boiler house itself is on coal, the type of units used inside does not matter, therefore it is illegal.

21. The FIU refused to assign a preferential pension to the stoker for the reason that a heating apparatus was installed in the boiler room (name according to the passport), but a heating boiler was needed. Is the refusal valid or not? Andrey.

21.1. Dear Tatyana.
Write the name of the heating device. Need to figure it out. If there is a response from the FIU, send it.

List No. 2 1956, approved by the Decree of the Council of Ministers of the USSR of August 22, 1956 No. 1173 - applies to periods of work performed before January 1, 1992.

The section "General professions" of List No. 2 of 1956 provides for stokers of industrial boiler houses and industrial furnaces. Industrial boilers are boilers that produce steam or hot water for industrial purposes. If the work of the production boiler house is seasonal, then the time when the boiler house is not working and the stokers are engaged in repair work is not counted in the preferential service.

If the boiler part of the steam or hot water releases for domestic needs of the enterprise or for heating, hot water supply of residential or cultural and community premises, i.e. is a heating and production boiler house, this should not deprive boiler house stokers of the right to early retirement benefits.

Housing and maintenance facilities, public utilities, healthcare, education, cultural and community facilities, as well as industrial enterprises may have boiler rooms, the main purpose of which is heating and hot water supply. Such boiler houses are not industrial and the stokers of such boiler houses will not enjoy the right to early retirement benefits under List No. 2 of 1956.

When applying List No. 2 of 1956, the following should be kept in mind:

This List does not contain conditions on the type of fuel used. At the same time, by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of November 27, 1984. No. 342 / 22-123, amendments were made to issue 1 of the Unified Tariff and Qualification Directory of Works and Occupations of Workers and for Workers Employed in the Maintenance or Ensuring the Uninterrupted Operation of Hot Water and Steam Boilers of Various Systems or Boiler Installations and Crushed Steam Stations Operating on Liquid and gaseous fuel or electric heating, new names of professions have been established - “boiler room operator”, “heat point operator”.

“For boiler operators (stokers)”, who at the time of the adoption of this Decree were engaged in servicing hot water and steam boilers operating on liquid and gaseous fuels or electric heating, the periods of their work according to List No. 2 (1956) can be counted in the length of service in the relevant types of work only for the period up to November 27, 1984.

Therefore, when deciding on the offset to the preferential length of service for the periods of work of stokers of industrial boiler houses in the period from 11/27/1984 to 01/01/1992, it is necessary to specify the type of fuel used in the boiler house.

List No. 2 1991, approved by the Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 - applies to all periods of work.

The section "General professions" of the List No. 2 of 1991 provides for the machinists (stokers) of the boiler house (on coal and shale), including those employed in the removal of ash.

In accordance with the specified List, the right to early retirement benefits is granted to stokers of any boiler houses, including industrial ones.

At the same time, the word "boiler room" is an integral part of the full name of the profession "engineer (fireman) of the boiler room" and does not indicate that the work should be performed in the boiler room, as in a separate structurally separated subdivision or a separate room. That is, the stoker of the boiler room can perform maintenance work on boilers in the boiler room, as well as maintenance work on individual steam or hot water boilers.

The main condition, the fulfillment of which is mandatory for offsetting the periods of work of stokers in preferential seniority, is the operation of a boiler house or serviced boilers on coal or oil shale.

It must be borne in mind that the operation of heating boiler houses is seasonal, but the current pension legislation does not classify it as seasonal.

The periods when the boiler house did not carry out its production (heating) functions and the firemen were not actually employed in the work provided for in List No. 2 (both with transfer to another profession and without transfer to it) are not included in the length of service giving the right to early retirement.