Retirement of car drivers. Early retirement for truck drivers

Case No. 2-186/2011

SOLUTION

Name Russian Federation

The Demidovsky District Court of the Smolensk Region, consisting of: the presiding judge Losev A.A., with the participation of the plaintiff Fedorov N.I., the representative of the defendant Matyurina M.N., with the secretary of the court session Kudinova M.A., having considered a civil case in open court on the suit of Nikolai Ivanovich Fedorov against the State institution - the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Smolensk region on the recognition of the right to an early old-age pension due to difficult working conditions,

installed:

The plaintiff applied to the pension fund with an application for an early old-age pension due to difficult working conditions, since he has reached the required age of 55 years, has an insurance record of 25 years and a special record of more than 12 years and 6 months, which gives him the right to appoint such pensions. However, he was denied a pension. The refusal is motivated by the fact that in the special experience giving the right to early appointment pensions, the periods of the plaintiff's work as a driver of a logging vehicle in the Demidov timber industry enterprise from 02/05/1985 to 01/01/1992 cannot be counted. and from 01/01/1992 to 03/11/1992

Considering the refusal to assign a pension illegal, Fedorov N.AND. appealed to the court with a statement in which he asks to recognize his right to an early old-age pension due to difficult working conditions.

In support of its claims, the plaintiff refers to the following circumstances. The periods of work in the Demidov timber industry enterprise as a driver of a MAZ-509 timber truck from 02/05/1985 to 01/01/1992 were not included in the special experience, since List No. 2 of industries, workshops, professions and positions, work in which gives the right to state pension on preferential terms, approved. Decree of the Council of Ministers of the USSR dated August 22, 1956 No. 1173 provides for the position of a driver for a timber truck. The period of work in the Demidov timber industry enterprise as a driver of a MAZ-509 car from 01/01/1992 to 02/10/1991, and then on a ZIL-45021 car from 02/11/1991 to 03/11/1992 is also not subject, according to the respondent, to inclusion in special experience, since List No. 2 of industries, workshops, professions, positions and indicators with harmful working conditions, employment in which gives the right to an old-age pension on preferential terms, approved by the Decree of the Cabinet of Ministers of the SSR of 01.26.1991 No. 10 provides the position of the driver of vehicles for the removal of timber. In addition, the reason for the refusal was the lack of primary documents confirming technical specification vehicles to determine the types of timber removal work and employment in a single logging process. He believes that his work in the above periods corresponded to the work subject, according to Lists No. 2, to be included in the special experience, was associated with high physical activity, was carried out as part of a single technological process for logging and included, among other things, the maintenance of the mechanisms on which he worked, which witnesses can confirm. Believes the defendant's refusal to assign a pensionillegal and asks the court to satisfy his claim.

In court Fedorov H.AND. insists on his demands. He explained that during the controversial periods he worked as a driver of a car for the removal of timber. A timber truck MAZ-509 was assigned to him. His main job was to transport timber from forest plots to the lower warehouse of the timber industry. He was busy at this job all day, often working overtime. There were many drivers like him. All of them were given early retirement. These are, for example, K., I., Sh.. Other equipment could also be assigned to drivers. So during the off-road, he could work on a dump truck on the backfill of the road, but these were auxiliary works. Fedorov did not get acquainted with orders to assign equipment to him.

The defendant's representative by proxy Matyurina M.GN the claim was not recognized and explained that the pension to the plaintiff could not be assigned ahead of schedule, since he did not have the required special experience of 12 years and 6 months. The period of work of the plaintiff in the Demidov forestry as a driver from 02/05/1985 to 01/01/1992 cannot be counted as a special experience, since the lists of positions of List No. 2 of industries, workshops, professions and positions, work in which gives the right to state pension on preferential terms, approved by the Decree of the Council of Ministers of the USSR of August 22, 1956 No. 1173, positions are provided for drivers of a timber truck. As a result of the check, the work as a driver of a logging vehicle was not confirmed by documents. The list of professions and positions of workers and foremen (including senior ones) directly employed in logging and timber rafting (including maintenance of mechanisms and equipment) enjoying the right to pension provision in accordance with paragraph (g) of Article 12 of the Law of the RSFSR "On state pensions in the RSFSR, the approved Decree of the Government of the Russian Federation dated April 24, 1992 No. 273 provides for car drivers for timber removal. Work as a driver of a car for timber removal is also not confirmed by documents, therefore, the period of work as a driver from 01/01/1992 to 03/11/1992 cannot be counted as a special experience under subparagraph 7 of paragraph 1 of Art. 27 of the Law of December 17, 2001.

An entry in the work book about the adoption of Fedorov N.I. On February 5, 1985, she was not confirmed by primary documents as a driver of a logging truck to the Demidov lespromkhoz. By order No. 17-K par. 1 dated February 13, 1985, at the Demidov timber industry enterprise, Fedorov was accepted as a driver for a ZIL-dump truck 555-MMZ from February 5, 1985, this brand of vehicles is not intended for the transport of timber. By order N 13-K dated February 18, 1991, tractor driver Fedorov N.I. was transferred to a ZIL-4502 car and a MAZ-509 car with a trawl was assigned to it with an additional payment of 50 rubles for the maintenance of the trawl. There are no documents confirming the technical characteristics of the vehicles, which does not allow us to conclude what types of work were performed. There are no documents on fixing cars.

To the question of the court, she explained that if the court recognizes that the period of work of the plaintiff from 02/05/1985 to 01/01/1992 should be counted as a special length of service with difficult working conditions, then the special length of service for the plaintiff will exceed 12 years and 6 months, which will be sufficient for the appointment of a pension.

After hearing the parties, witnesses, having considered the conclusion of the state examination of working conditions, examining the written materials of the case, analyzing and evaluating all the evidence in their totality, the court finds the requirement Fedorov H.AND. eligible for the following reasons.

decided:

Recognize Nikolai Ivanovich Fedorov's right to an early old-age pension due to difficult working conditions.

Oblige the State Institution - the Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Smolensk region to appoint Fedorov Nikolai Ivanovich an early old-age pension due to difficult working conditions from December 20, 2010 in accordance with paragraph. 7, paragraph 1, article 27 of the federal law "on labor pensions in the Russian Federation" dated 17.12.2001

Collect from State institution- Office of the Pension Fund of the Russian Federation in the Rudnyansky district of the Smolensk region 200 rubles in favor of Fedorov Nikolai Ivanovichav the return of the state fee.

The decision can be appealed to Smolensky regional court through the Demidovskiy District Court within 10 days from the date of familiarization by the parties with a reasoned court decision.

Chairman A.A. Losev

Drivers will have the opportunity to retire five years earlier, Primorskaya Gazeta writes, citing the State Duma website.

This bill was submitted to the State Duma by Deputy Oleg Nilov. According to the document, male drivers can retire at 55, and women at 50. At the same time, they must have at least 12.5 years and 10 years of professional experience, and at least 25 and 20 years of insurance experience.

The document states that these rules are valid “if they have worked as car drivers under an employment contract on cars belonging to organizations registered in the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental affiliation, to individual entrepreneurs and other persons engaged in transportation activities on the territory of the Russian Federation. territory of the Russian Federation, including drivers employed in international transportation, as well as those working as part of rotational teams with a rotational organization of work, in intercity transportation when sending drivers on long-distance flights, in which the driver for the established schedule of work (shifts) does not can return to a permanent place of work.

Thus, along with drivers of buses, trolleybuses, trams, who already have the right to early retirement, truck drivers, taxi drivers and others will now use this prerogative, and the Federal Law “On Labor Pensions in the Russian Federation” will be supplemented with a new paragraph.

According to the head of Trans-Line LLC, which is engaged in the transportation of goods in the Primorsky Territory, this initiative is needed and will greatly facilitate the life of drivers.

Several drivers work in our fleet, and it is worth noting that this work is nervous, difficult and poorly paid, - Mikhail Yakovlev believes. - This initiative will make life much easier, I am completely in favor of the adoption of this amendment in the State Duma.

He is supported by the chairman of the regional branch of the all-Russian trade union "Taxi Driver" Sergey Davydov.

Any taxi worker will tell you that their job is not easy and it can be attributed to the activities of public transport drivers, who already have such a prerogative, - says the chairman of the trade union. - I fully support this initiative, it will not interfere with our legislation.

According to Vyacheslav Glushko, chief physician of City Clinical Hospital No. 2, this bill is needed, since the profession of a driver is associated with certain difficulties.

Drivers are a tough job. They most often come to the hospital with diseases of the musculoskeletal system, hernias and osteochondrosis. In addition, people of this profession most often endure a cold, as they say, "on their feet", which is why they subsequently have various complications. This can also include malnutrition, as a result of which there are problems with digestion, - stressed the head of the "thousand-bed" hospital.

Galina Kulimbaeva

Drivers of buses, trolleybuses, trams on regular urban passenger routes are entitled to early establishment of an old-age insurance pension due to special working conditions.

Who can retire early

Upon reaching the age of 55, men and women at the age of 50 acquire the right to receive a pension if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes for at least 20 and 15 years and have an insurance record of at least 25 and 20 years - respectively for men and women.

Early retirement such employees are assigned if they constantly carry out transportation on regular city routes throughout the full working day. This type of transportation includes regular routes passing within the boundaries of the city (another settlement), performed by vehicles with an engine designed to carry passengers with more than 8 seats (in addition to the driver).

Regular passenger transportation includes transportation carried out with a certain frequency along established routes with the boarding and disembarkation of passengers at the stops provided for by the route. In this case, the bus must depart according to the schedule, pass through all intermediate checkpoints in a timely manner and arrive at the final destination according to the schedule, taking into account permissible deviations.

This information may be contained in a document such as a route passport. The passport for the route contains all the information that indicates that the route belongs to a regular urban (within the city) or to a route that is not related to it, for example, a suburban route.

Work on urban regular passenger routes can be organized with semi-express, express, regular traffic or a combination of these modes during the day. At the same time, such drivers will enjoy the right to preferential pension provision only if there is documentary evidence of permanent and full employment (at least 80% of working time) on regular urban passenger routes.

How to confirm the right to a preferential pension

The driver starts work on the basis of the waybill. On the reverse side of the waybill there are details for filling out: departure time (according to the schedule and actually) and arrival time (according to the schedule and actually), on the basis of which it is possible to calculate the actual time in hours of the driver's work on the line on regular urban passenger routes per month. The flight is considered to be completed without violating the schedule if the bus left for the flight exactly on schedule, passed all intermediate checkpoints in a timely manner and arrived at the final point of the route on schedule, taking into account permissible deviations. According to the waybill, the driver's hours worked are read.

In the absence of waybills as a document on the basis of which it is possible to calculate the actual time in hours of the driver's work on the line on regular urban passenger routes per month, it is necessary to submit certificates from enterprises indicating documentary grounds (orders, personal accounts, payroll statements, collective agreements and etc.).

Who is not entitled to a preferential pension

It is worth considering that block taxi transportation does not belong to regular passenger transportation, but is special, since regularity is not established for them. In this regard, there are no grounds for granting the right to early retirement benefits to drivers of buses operating in the shuttle taxi mode.

They are not entitled to pension benefits drivers working on suburban, intercity, specialized routes, as well as drivers performing custom transportation of passengers on routes that do not belong to regular city routes, or drivers of departmental transport transporting employees of the enterprise.

Pension

The size of the early labor pension old-age workers road transport determined by general rules. It depends on the duration of the seniority and earnings before January 1, 2002, the total amount of insurance premiums received by the Pension Fund for the insured person after January 1, 2002 to the personal account in the OPS system.

The procedure for confirming periods of work that gives the right to early appointment of a labor (insurance) old-age pension, including drivers of buses, trolleybuses, trams employed on regular urban passenger routes, was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated March 31, 2011. No. 258n "On approval of the procedure for confirming periods of work giving the right to early appointment of an old-age labor pension."

Recently, a new bill was registered in the State Duma of the Russian Federation, according to which truckers will retire earlier than the generally accepted age. The "bar" for men is set at 55 years, for women - 5 years less.

From the point of view of legislation, in fact, this means that the profession of a driver working on long-haul flights is now equated with work in a workplace with harmful working conditions.

The initiator of the proposal was the People's Deputy O. Nilov. If the bill is approved, it will only apply to drivers of a certain category. The main condition for early calculation of a pension is work away from the permanent place of residence.

In addition, the employee must be registered at the enterprise with the conclusion of an employment contract. And the car belongs to an organization that is registered with the state bodies of the Russian Federation in the proper manner.

According to the explanations of the author of the bill, the departmental affiliation of the fleet, as well as its organizational and legal form, can be any. The driver can work both on domestic and international flights. Even individual carriers are subject to this bill.

It is expected that the adoption of this law will streamline the work of transport companies and increase the prestige of the trucker profession.

Video: Rental of special equipment and cargo transportation services without intermediaries!

Today, the profession of a vehicle driver is not only the most common profession, but also the most in demand. Each of us knows what kind of tension and concentration this work requires in the conditions of heavy traffic on the streets of our cities.
Such work leads to the appearance of specific diseases in professional drivers. Therefore, some drivers have the right to become pensioners 5 years earlier than they reach the generally established retirement age, but in order to exercise this right, they will need to fulfill a number of conditions established by pension legislation.

Conditions for early assignment of pensions to bus drivers.

1 . In accordance with Part 10 of Clause 1 of Article 30 of the Law "On Insurance Pension" No. 400-FZ, insurance pension in old age will be appointed five years earlier than the generally established retirement age (for men at 55 years old, and for women at 50 years old), if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes respectively, at least 20 years and 15 years and have an insurance record of at least 25 years and 20 years, respectively.

In accordance with the current legislation, regular urban passenger routes include the transportation of passengers within the city according to the schedule in accordance with the schedule approved by the municipal government, with the boarding and disembarkation of passengers at specially equipped stops, on a vehicle with more than 8 seats for passengers.

2. Applicants for an early pension are required to accumulate at least 30 pension points (pension coefficients) on their personal account with the Pension Fund. In the period up to 2024, it is required to have fewer pension points, taking into account the transitional provisions in accordance with Article 35 of Law No. 400-FZ.

3 . In accordance with paragraphs 4 - 6 of the "Rules for calculating periods of work giving the right to early appointment of a pension ..." No. 516, the basis for granting the right to early appointment of a pension is work that is performed constantly during full working hours and for which the relevant insurance premiums to the Pension Fund of the Russian Federation. The periods of such work are counted in preferential service employee in calendar order, taking into account the periods of annual main and additional holidays, as well as periods of receiving benefits for temporary disability, including periods of receiving benefits for pregnancy and childbirth.
￭ If an urban public transport driver performed full-time work, but part-time work (due to a reduction in work volume), then such periods will be calculated on the basis of actual hours worked.
￭ If the driver of a passenger motor transport company combines work on regular urban passenger routes with work on suburban routes, then such work can be included in his preferential service only if employment on regular urban routes is at least 80% of his working time.

4 . The work of drivers on regular urban passenger routes in the period after 01/01/2013 is counted as a preferential period of service, provided that the employer pays insurance premiums to the Pension Fund at ADDITIONAL tariffs.
At the workplaces of drivers, a special assessment of working conditions (SUT) should be carried out and a “harmful class of working conditions” should be established for them.

Important . Information that the work giving the right to early retirement was performed during full working hours on regular urban passenger routes must be documented.
Documents confirming the fact of such work may be orders to appoint an employee to work as a driver on regular city routes, as well as waybills, route sheets, personal accounts, payroll and other documents that contain relevant information.

Early retirement for truck drivers

In addition to drivers of city buses, truck drivers (part 5, clause 1, article 30 No. 400-FZ) who have worked for at least 12 years and 6 months - men and 10 years - women, 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 25/20 years (male / female)