case number 2-134 \\ 2018.

DECISION

Name of the Russian Federation

March 28, 2018. Kachkanar city court of the Sverdlovsk region as part of the chairmanship of Kuktsev T.A., with the secretary of Ivanova T.V., examined in open court a civil case under the claim of Tikhonova Tatiana Valentinovna to the management of the Pension Fund of the Russian Federation in Kachkanar on the recognition of the right to early appointment pensions

s T A N O V I L:

tikhonova T.V. He appealed to the court to the State Department of the Pension Fund of the Russian Federation in Kachkanar on the inclusion of a period of work in a special work experience, recognizing the right to the early appointment of a pension and appointing it from the date of appeal to the Office of the Pension Fund in Kachkanar.

In the rationale for the claim it is indicated that when applying to the defendant for the appointment of an early insurance retirement pension, the plaintiff was not underway at the work of the Avt-Ural LLC from 01.03.2008. to the present, with which the plaintiff did not agree and appealed to the lawsuit in court. She pointed out that it works as a laboratory for chemical analysis at the production of explosives for more than 10 years: from 09/06/2007. to 29.02.2008. He worked in the laboratory for controlling the production of explosives shop for the production of explosives of Kachkanarsky GOK Vanadium, from 01.03.20118. The present time works in the laboratory for controlling the production and quality of explosives Avt-Ural LLC. Her employment, nature and working conditions throughout the entire period of work as a laboratory manner did not change, it was occupied by a permanent working day in the full working week mode in the technical process and on repair during the processing of new explosives, which is confirmed by clarifying references. From 01.03.2008. The production of explosives, which was carried out in Kachkanarsky GOK OJSC "Vanadium" was derived from the enterprise and transferred to another enterprise Avt-Ural LLC. The actual length of the experience of the work of the plaintiff, giving the right to the appointment of early pension, is more than 10 years.

At the court hearing the plaintiff Tikhonova T.V. And her representative Pomazkin V.M. According to the interpretation of the arguments and requirements set forth in the claim, supported.

So, the representative of the plaintiff explained that Tikhonova T.V. He began its work in Kachkanarsky Goke as a laboratory assistant, in 2008. This production was allocated from the plant, created Avt-Ural LLC, in which the plaintiff continued its activities. Its labor functions remained the same, as well as the place of work, there was a change in the name of the organization. The period of operation at the plant by the defendant was included in a special experience, and the period of operation in Avt-Ural LLC is not. He considers the arguments of the defendant about non-payment of insurance premiums for the employee untenable, while referring to the decision of the Constitutional Court of the Russian Federation of July 10, 2007. No. 9, approves the absence of employee guilt.

Representative of the defendant Legislont Demchenko Yu.A. By proxy, he considers the refusal to appoint early pension to the plaintiff legitimate, based on the documents available from the establishment. The plaintiff's enterprise was repeatedly given an explanation of the need to arrange documents that would confirm the preferential nature of the work of a laboratory manner, but to date, Avt-Ural LLC has not issued such documents, no payment for additional tariffs for this employee does not carry out.

The representative of the 3rd state of Avt-Ural LLC Barinov A.Yu by proxy at the court hearing supported the claimant's claims and explained that from the moment of the organization of Avt-Ural LLC 01.03.2008. When making pension documents, the company is guided by the same instructions that at the plant, but the Pension Fund considers that the preferential nature of the work is not confirmed, continues to provide its recommendations on the design of such documents. At the moment, the preferential nature of work on some specialties was confirmed, on the laboratory technicians of Himanalya decisions on confirmation, since the test of the pension fund is not completed, the collection of the necessary documents continues. The representative does not dispute that additional tariffs, which should be paid by the employer from 2013, have not been paid, the company is ready to pay them, but the Pension Fund is not confirmed by the issued Avt-Ural Documents LLC.

The court, listening to the parties, representative of the 3rd person, having studied the materials of the case, comes to the following conclusions.

According to Part 1 of Art. 8 of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions" The right to an old-age insurance pension have men who have reached the age of 60 years, and women who have reached the age of 55 years.

In accordance with paragraph 2 of Part 1 of Art. 30 of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions" insurance pension In old age, it is appointed earlier than the achievement of the established age men at the achievement of the age of 55 and women at the age of 50 years, if they worked on work with severe working conditions, respectively, at least 12 years 6 months and 10 years and have insurance experience, respectively, at least 25 years and 20 years. In the event that these persons worked on the listed works of at least half of the deadline and have the required duration of the insurance experience, the insurance pension is appointed with a decrease in the age provided for in Article 8 of this Federal Law, for one year for every 2 years and 6 months of such work to men And for every 2 years of such work to women;

According to paragraph 2 of Art. 30 of the Federal Law of 28.12.2013 N 400-FZ lists of relevant work, industries, professions, posts, specialties and institutions (organizations), taking into account the insurance pension in old age in accordance with part 1 of this article, rules for the calculation of periods of work (activities ) and the appointment of this pension, if necessary, are approved by the Government Russian Federation.

Similar provisions were fixed in the previous time from 01.01.2002 until 01.01.2015 by the Federal Law of 17.12.2001 N 173-FZ "On Labor Pensions in the Russian Federation" (Part 1 of Article 1, Part 1 of Art. 7, p. 1 p. 1, paragraph 2 of Art. 27).

Acting within the credentials provided to him, the Government of the Russian Federation adopted a decree dated July 16, 2014 N 665 "On lists of works, industries, professions, posts, specialties and institutions (organizations), with which the insurance pension in old age, and the rules for the period of periods, are appointed Works (activities), giving the right to early pension provision, "p." A "Art. 1 which establishes that in determining the experience in the relevant types of work for the purposes of early pension provision in accordance with Art. 30 of the Federal Law "On Insurance Pensions" apply: with the early appointment of the Insurance Pensions of the Old Time to persons who worked on underground work, on work with harmful working conditions and in hot shops: a list of N 1 of industries, works, professions, posts and indicators on underground work , on work with particularly harmful and especially difficult working conditions, employment in which gives the right to retire the age (in old age) on preferential terms, approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 "On Approval of Production Lists, works, professions, posts and indicators giving the right to preferential pension provision "; List of N 1 of production, workshops, professions and posts on underground work, on work with harmful working conditions and in hot shops, work in which it gives the right to state retirement on preferential terms and in preferential sizes, approved by Resolution of the Council of Ministers of the USSR from 22.08.1956 N 1173 "On approval of the lists of production, workshops, professions and posts, work in which it gives the right to a state pension on preferential terms and in preferential size" - to account for the periods of fulfilling the relevant work that took place before 01/01/1992.

Based on the analysis of the current pension legislation, the establishment for persons who carried out labor activities on work with harmful working conditions, preferential conditions for the acquisition of the right to an old-age labor pension (as well as the provision of a retirement retirement pension, which provided in the previously active pension legislation) aimed, main way to protect against the risk of loss of professional working capacity before the achievement of the common pension age. Therefore, the right to the early appointment of an old-age labor pension binds not to any work, but only with such, in which the body of the employee is subject to adverse effects of various kinds of factors caused by the specifics and characteristics professional activity.

By the decision of the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Kachkanar of the Sverdlovsk Region of December 22, 2011. № № refused to appoint early insurance pension in old age in accordance with para. 2 p. 2 h. 1 Art. 30 of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions", since it did not produce the necessary experience.

The defendant, considering the statement by Tikhonova T.V. On the appointment of early insurance pension, did not set periods labor activity The plaintiff to be credited to the experience in the relevant types of work (09 years).

In accordance with the Decree of the Government of the Russian Federation of July 16, 2014, N 665 "On lists of works, industries, professions, posts, specialties and institutions (organizations), with which the insurance pension of old-age and the rules for the calculation of periods of work (activities) are averaged Giving the right to early pension provision in determining the experience in the relevant types of work for early pension provision in accordance with Article 30 of the Federal Law "On Insurance Pensions" apply: b) in the early appointment of an old-age insurance pension to persons who worked in difficult conditions Labor: List of N 2 of industries, works, professions, posts and indicators with harmful and heavy working conditions, employment in which gives retirement by age (in old age) on preferential terms, approved by the decision of the USSR Cabinet of Ministers of January 26, 1991 N 10 "On approval of lists of industries, works, professions, posts and indicators giving on the preferential pension provision "; List of N 2 industries, workshops, professions and positions with difficult working conditions, working in which it gives the right to state retirement on preferential terms and in preferential sizes, approved by the Resolution of the USSR Council of Ministers of August 22, 1956 N 1173 "On Approval of Production Lists, workshops, professions and posts, working in which it gives the right to state pension on preferential terms and in preferential sizes "- for accounting periods of the relevant work that took place before January 1, 1992; For accounting periods of the implementation of the relevant work that took place in the disputed period is subject to applying a list of N 2 of industries, works, professions, posts and indicators with harmful and heavy working conditions, employment in which it gives a retirement of age (in old age) on preferential terms , approved by the Decree of the Cabinet of Ministers of the USSR of 26.01.1991 N 10, section X1.

In accordance with the section X1 of the list No. 2, workers, managers and specialists employed in the technological process of these industries, the position code of 21202000-1754a have the right to preferential pension provision.

The court established and follows from the case file, the plaintiff Tikhonova T.V. 02/15/1966, born, appealed to the Office with a statement on the appointment of an early insurance pension for old-age in connection with the work in harmful working conditions, on the basis of paragraph 2 of Part 1 of Art. 30 of the Law N 400-FZ.

Decision of control N 2110377 \\ 17 dated December 22, 2017 In the appointment of the early insurance pension in old age, the plaintiff refused due to the lack of its required special experience. As follows from the specified management solution, the plaintiff has a special experience -05 months 24 days. The special experience does not include periods: from 02.03.2008. on December 31, 2008, from 04.01.2009. on 03/17/2014, from 03/19/2014 On 11.08.2015, from August 13, 2015 on December 31, 2016 Laboratory assistant chemical analysis in the workshop for the production of emulsion explosives, the technological site in Avt-Ural LLC. The basis for refusal was the fact that the employer of evidence confirming the special working conditions. The conclusion is made on the basis of an extract from the facial account of the insured person.

Indeed, it follows from materials of the case and the plaintiff is not refuted that the preferential nature of the work of the chemical analysis of the chemical analysis presented by the employer documents were not confirmed. So, in the clarifying reference of 31.10.2017. It is indicated that the PF of the Russian Federation the preferential nature of the work of the laboratory assistant chemical analysis did not confirm, despite repeated appeals to it. Therefore, the enterprise cannot confirm the preferential nature of the plaintiff's work, although it believes that this type of work corresponds to the list No. 2 section X1 of position 21206000-1754a. The plaintiff Tikhonov in his profession is busy constantly full-time in the full working week in the technological process of the production of explosives (l.d.27).

In clarifying certificate of 07.12.2017. No. 35-04.00-01 \\ 1-648 issued by JSC Evraz KGOK (ld 29-31), it is indicated that in the period from September 6, 2007. to 29.02.2008. Tikhonova T.V. He worked as a laboratory director of the chemical analysis of the Laboratory for controlling the production of explosives of JSC Evraz KGOK, production is allocated in separate production as potentially dangerous. The period specified in the certificate is credited to the defendant in a special experience.

At the hearing, a representative of the 3rd person Avt-Ural LLC explained that the company is working on paperwork for confirmation preferential experience According to several specialties, including the specialty laboratory assistant chemical analysis. He confirmed his allegations with the Pest of the Russian Federation in the Sverdlovsk Region, the conclusion on the results of the re-inspection "List of the Preferential Professions of Avt-Ural LLC (LD).

Meanwhile, the court found that in the disputed period, the plaintiff Tikhonova T.V. Labor activity was carried out, giving the right to the early appointment of a pension in accordance with paragraph 2 of Part 1 of Art. 30 of the Law N 400-FZ.

According to labor Treaty № dated 01.03.2008, concluded between Avt-Ural LLC and Tikhonova T.V., subsequent additional agreements to Him Tikhonov T.V. Hired of a laboratory manner of chemical analysis, characteristic of working conditions: harmful and heavy (ld8-11).

Card certification of the workplace of labor - a laboratory assay of chemical analysis LLC Avt-Ural indicates the class of harmful and danger: 3.1 - harmful 1 degree and 3 - dangerous (ld.21-23). From the card number of a special assessment of the working conditions of workers in the specialty Laboratory of Chemical Analysis in the Avt-Ural LLC, the laboratory for the control of production and quality of explosives also follows that the class of working conditions for harmfulness is defined for this type of work - 3.1. (ld 24-26).

From the licenses submitted by Avt-Ural LLC it follows that AVT-URAL LLC has the right to carry out activities related to the appeal of explosives (ld).

The employment record of the plaintiff does not contain instructions that it was hired on part-time conditions.

By virtue of Article 66 of the Labor Code of the Russian Federation, the workbook of the established sample is a major document on labor activity and employment experience.

Based on the Regulation on the procedure for confirming the employment experience for the appointments of pensions in the RSFSR, approved by the Order of the Ministry of Foreign Affairs of the RSFSR of 04.10.1991 N 190, the work experience is established on the basis of documents issued from the place of work, service, study, or other activities included in the work experience, or by higher organizations, as well as archival institutions. These documents include the workbook, and in its absence, as well as in cases where labor book Incorrect and inaccurate records are contained or not contains records of individual periods of work, certificates are made to confirm the employment experience, extracts from orders, personal accounts and wages for issuing wages, certificates, characteristics, written employment contracts and agreements with marks on their execution, labor , Alluvory lists, membership records of members of cooperative fishing artels and cooperative artels of persons with disabilities and other documents containing information about periods of work.

Thus, it should be recognized that changes in the labor function of Tikhonova T.V. The Avt-Ural LLC compared to JSC "Evraz KHOK" did not occur. Given that the plaintiff until 2008. Performed the period of which the defendant is included in a special experience in determining the right to the early appointment of a pension, and subsequently after the transmission of production with Kachkanar GOK OJSC in Avt-Ural LLC, the plaintiff served as a similar job and the employer refers this work To work in difficult working conditions and the corresponding list 2, the work of the plaintiff in Avt-Ural LLC is subject to inclusion in a special work experience on the list of 2 .. Only the transmission of the production itself from one enterprise cannot detain the pension rights of a citizen. Other reasons for refusing the plaintiff in the inclusion in the special experience of the disputed period of work, the defendant is not specified

The court found that in the above periods the work of the plaintiff was carried out constantly during a full working day at a full working week, the parties were not challenged. In the documents studied by the court, there are no reason to doubt that there are no information on special conditions of the plaintiff, other permissible and reliable evidence that would refute the evidence submitted by the plaintiff and the representative of the evidence, the court is not represented.

In accordance with paragraph 1 of Art. 11 of the Federal Law of 28.12.2013 N 400-FZ "On Insurance Pensions" in the insurance experience includes periods of work and (or) other activities, which were carried out in the territory of the Russian Federation by persons listed in Part 1 of Art. 4 of this Federal Law, provided that during these periods, insurance premiums to the Pension Fund of the Russian Federation foundation were paid. The representative of the defendant did not dispute the fact of payment of Avt-Ural LLC insurance premiums for the disputed period.

The arguments of the representative of the defendant about the impossibility of testing the disputed period of work in Avt-Ural LLC "in a special experience due to the employer's non-fulfillment provided for by Art. 32.2 of the Federal Law of December 15, 2001 N 167-FZ "On compulsory pension insurance in the Russian Federation" Responsibilities for accrual and pay for the plaintiff additional fares insurance premiums are not consistent, since non-payment of the insured within the prescribed period or payment is not full Insurance contributions to the Pension Fund of the Russian Federation in favor of working on his employment contract of insured persons due to the nature and purpose of compulsory pension insurance, the need to ensure the rights of these persons should not impede the realization of the right and fully and fully obtain a labor pension (Resolution of the Constitutional Court of the Russian Federation from 10.07.2007 N 9-P).

Considering that the additional tariff established for employers to pay from 01/01/2013 is an insurance premium and aimed at financing the insurance part of the pension, the Court considers that the lack of an additional tariff charges for insurance premiums in a preferential profession in itself does not indicate the lack of grounds for Including controversial periods in the experience in the relevant types of work, since the inadequate execution from the employer of its duties established by law cannot violate the right of the plaintiff to include periods of its work in a special employment experience.

Thus, it was at the employer that the obligations were assigned to the pension fund the necessary information and the transfer of contributions. Not to provide employer with reliable information, not paying for the insurance premiums in full may not affect the pension rights Tikhonova T.V., whose guilt is not available

Evaluating in aggregate according to the rules of Art. 67 The Civil Procedure Code of the Russian Federation available in the case of the case of evidence, the Court concludes the satisfaction of the claimant's claims and the inclusion of this period into a special experience required for early appointment of an old age pension based on the basis of paragraph 2 of Part 1 of Art. 30 of the Law N 400-FZ.

Thus, at the time of the appeal of the plaintiff, with a statement on the appointment of early insurance pension 12.12.2017. Special experience Tikhonova T.V. will be: 05 months. 24 days plus 8 years 9 months. 25 days \u003d 9 years 3 months 19 days, which more necessary 09 years, so the early insurance pension is subject to the appointment of the plaintiff from the moment of appealing to it, but not previously the emergence of the right to it, that is, at the age of 50 years.

Excluding this period of work at the time of the appeal of the plaintiff to management (12.12.2017), the special experience of the insurance retirement retirement was necessary for the early appointment, respectively, he had the right to retire, and therefore there are grounds for laying up for UNFF RF Kachkanara duties appoint the plaintiff pension.

According to Part 1, 2 Art. 22 of the Federal Law of December 28, 2013 No. 400-FZ "On Insurance Pensions", the insurance pension is appointed from the day of appeal to the specified pension, but in all cases not earlier than from the day the right to the specified pension.

The day of appeal to the insurance pension is the day of admission to the body carrying out the pension provision that meets the application with all the necessary documents to be submitted by the applicant, taking into account the provisions of Part 7 of Art. 21 of this Federal Law.

Based on the system interpretation of the provisions listed above, it follows that the beginning of the period for the appointment of early old-age pensions The legislator binds with two circumstances, namely, with a declarative procedure for the appointment of pension provision and the presence of a citizen of his receipt.

The materials of the case found that Tikhonova T.V. 12.12.2017. He appealed to the pension body with a statement and all the necessary documents for the appointment of early old-age pensions in connection with the exercise of work in harmful conditions.

At the time of appeal to the plaintiff in the pension body, at Tikhonova T.V. Taking into account the circumstances of the misunderstanding of an exception to the defendant from the experience, which is necessary for the appointment of early old-age pensions, the disputed period of labor activity in harmful conditions, there was the right to the appointment of a pension on the basis of paragraph 2 of Part 1 of Art. 30 of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions".

Guided by Art. Art. 194-8 Civil Procedure Code of the Russian Federation, court

Tikhonova's claims Tatiana Valentinovna management in the management of the Pension Fund of the Russian Federation in Kharkanar Sverdlovsk region to meet and entrust to the Office of the Pension Fund of the Russian Federation in Kachkanar, to include in the special experience of Tikhonova T.V., giving the right to the appointment of early insurance pension under paragraph 2 . 1 tbsp. 30 of the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions", the period of its work in the Avt-Ural LLC is a laboratory instruction of chemical analysis in the workshop for the production of emulsion explosives, the technological site:

from 02.03.2008. on December 31, 2008 (00-10-00)

from 04.01.2009 On 03/17/2014 (05-02-14)

from 03/19/2014 on 11.08.2015g. (01-04-23)

from 08/13/2015 on December 31, 2016 (01-04-18)

and to appoint an early insurance pension in old age from from the moment of appeal to the Office of the Pension Fund in Kachkanar, the Sverdlovsk Region, but not earlier than the emergence of the right to it, that is, from 12/12/2017.

The decision may be appealed to the Sverdlovsk Regional Court within one month from the date of its submission by submitting an appeal through the Kachkanar City Court.

Judge Kachkanar City Court T.A. Kakkuturtov

On the appointment of preferential pension

In case number

Accepted Kuibyshevsky District Court (Novosibirsk Region)

1. Enrolled in court 04/14/2012
2. Decision
3. Name of the Russian Federation
4. April 25, 2012 Kuibyshev, NSO
5. Kuibyshevsky District Court of the Novosibirsk Region in the composition:
6. Presiding Judge Silkin R.I.
7. Under the secretary of Grigorieva V.A.
8. Representative of the plaintiff Matskevich A.A.
9. Representative of FKP "Anositis" Terentieva I.V.
10. Representative of the defendant Mikushina O.V.
11. examined in open court a civil case under the claim
12. Alekseeva O. I. to the State Department of Pension Fund of the Russian Federation in Kuibyshev and the Kuibyshevsky district of the Novosibirsk region on the appointment of a preferential pension,

13. Installed:

14. Alekseeva O.I. He applied to the court with a statement about the appointment and pay her preferential pension. In the rationale for its claims Alekseeva O.I. Indicates that she worked on the Kuibyshev Chemical Plant (with DD.MM.YYYY -Conny enterprise "Anosit") with DD.MM.YYYY on DD.MM.YYYY in the central laboratory; From DD.MM.YYYY on DD.MM.YYYY Laboratoryress Himanalysis in the Centralized Department of Technical Control. At the specified periods, it performed the following work: from DD.MM.YYYY on DD.MM.YYYY and from DD.MM.YYYY on DD.MM.YYYY - Laboratory Development of Chemical Analysis of the Central Laboratory for Maintenance Workshop 5; from DD.MM.YYYY on DD.MM.YYYY-Laboratory of Chemical Analysis of the Central Laboratory for Maintenance of the Workshop No. 10; from DD.MM.YYYY on DD.MM.YYYY-Laboratory of Chemical Analysis of the Central Laboratory for Maintenance of the Workshop No. 5; from DD.MM.YYYY on DD.MM.YYYY - a laboratory manner of chemical analysis in the central laboratory for maintenance of the workshop number 10; from DD.MM.YYYY on DD.MM.YYYY; from DD.MM.YYYY on DD.MM.YYYY; from DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM.YYYY, with DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM. Yyyy (from DD.MM.YYYY. PO DD.MM.YYYY is actually worked out 10 working days); from DD.MM.YYYY on DD.MM.YYYY - in fact, 13 working days is actually worked out - a laboratory manner of chemical analysis of the central laboratory for maintenance of the workshop No. 5; from DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM.YYYY (actually worked 24 working days);
15. from DD.MM.YYYY on DD.MM.YYYY, DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM.YYYY, SM DD.MM.YYYY PO DD.MM.YYYYY (actually worked out 39 business days) - a laboratory of chemical analysis of the central laboratory;
16. With DD.MM.YYYY to the present, it works as a laboratory assistant chemical analysis of the Tsotk.
17. She has an insurance experience over 15 years old and worked on work with harmful working conditions 3 years 9 months 12 days from the required 7 years 6 months and, accordingly, labor pension should be appointed to it with a decrease in the age established by Article 7 of the Federal Law "On Labor Pensions in the Russian Federation "For 3 years. DD.MM.YYYY turned 52 years old.
18. In accordance with the certificate of FCP "Anosit" No. from DD.MM.YYYY The work that it performed gives the right to preferential pension provision on the list No. 1, section VIII, code 1080A010, approved by the decision of the Cabinet of Ministers of the USSR of January 26, 1991.
19. DD.MM.YYYH, she appealed to the State Department of JFF in the Kuibyshevsky district with a statement about the appointment of a preferential pension. By the decision of the State Department of the Russian Federation in the Kuibyshev district from DD.MM.YYYY, she was denied the appointment of early labor pension for those grounds that the necessary duration of work experience with special working conditions was not confirmed by the documents. At the same time, the management of the PF of the Russian Federation believes that the special experience of the list No. 1 is 3 years 2 months 25 days.
20. Period of work with a laboratory manner of chemical analysis with DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM.YYYY, from DD.MM.YYYY on DD.MM.YYYY, which is 6 months 17 days According to the Pension Fund, it is subject to a test for a special experience on the list No. 2.
21. She disagrees with the specified decision, since the full-time work worked at the Kuibyshev Chemical Plant as a laboratory assay of the chemical analysis of the Tsotk for servicing the workshop No. 6 and constantly during a full working day was directly occupied in laboratories with chemical special externalism - ammonium perchlorate.
22. The absence of a single technological regulation of the production of ammonium perchlorate, including the production of sodium perchlorate as a stage of ammonium perchlorate production, and the presence of separate technological regulations on the stage of obtaining sodium perchlorate is not a reason for eliminating this production from the total technological chain of obtaining ammonium perchlorate, since the process of obtaining perchlorate Sodium is part of the total technological chain of the production of ammonium perchlorate and sodium perchlorate produced for and only for subsequent processing into ammonium perchlorate. The specified circumstance is confirmed by expert conclusion<данные изъяты> from DD.MM.YYYY.
23. The fact that it was directly occupied in laboratories with chemical specials - ammonium perchlorate, is confirmed by the design task of the production of ammonium perchlorate, which indicates that the following corps are included in the projected production of ammonium perchlorate: including the building 201 in which she worked.
24. Requests to oblige the Pension Fund of the Russian Federation in Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region to appoint and pay her an early labor pension in old age on the Federal Law "On Labor Pensions in the Russian Federation" from DD.MM.YYYY. To recover from the defendant expenses to pay for the services of a lawyer for drawing up a claim in the amount of 4000 rubles.
25. At the hearing Alekseeva OI And her representative of the lawyer Matskevich A.A. The claims were maintained in full, in addition, the representative of the representative requests 15,000 rubles from the defendant.
26. Representative of the defendant Mikushina O.V. The claims did not recognize that indicating that the laboratory technicians of the centralized department of technical control and the central laboratory of Kuibyshev Chem. Plant serving the laboratory of the corps 201 production of sodium perchlorate, where Alekseeva O.I. Not occupied on works with a special substance - ammonium perchlorate, since they are analyzed and the process of manufacturing a chemical substance - sodium perchlorate. The work of laboratory technicians with solutions and pickles, in which ammonium perchlorate, do not give the right to pension in the list 1, because it is analyzed and monitored at the manufacturer's stages not perchlorate ammonium, but a sodium perchlorate that is not a special substance . In the building 201, the production of sodium perchlorate, the technological process of which is carried out according to the approved technological regulations, and in the building 202 of the same workshop contains specials produced - the production of ammonium perchlorate, the technological process of which is carried out on the basis of the technological regulations for the production of ammonium perchlorate. The unified technological regulation of the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage of ammonium perchlorate production, is absent on KHZ.
27. Due to the fact that the experience in the relevant types of work provided for in the list No. 1, Alexalee O.I. None, the PFR management state was legitimate and reasonably denied the appointment of a pension on the Federal Law "On Labor Pensions in the Russian Federation" of December 17, 2001. № 173 -FZ.
28. Representative of FKP "Anosit" Terentev I.V. Supported the arguments of the plaintiff, indicating that Alekseeva O.I. Working as a laboratory assistant on maintenance of workshop laboratories of a workshop No. 6, where ammonium perchlorate is produced, during a full working day was occupied by works with specialism perchlorate of ammonium. The production of ammonium perchlorate is a multistage and for each stage technological regulations are developed. The process of obtaining ammonium perchlorate flows through a closed cycle. The quality of raw materials entering the building 201 is set by the technological regulations of the stage in which it is obtained. This solution is obtained in the case 202 by dissolving crash salt In the technological condensate containing ammonium perchlorate. In addition, the laboratory manifests the process in the housing 211, the processing of waste water of the housings 202 and 304 containing ammonium perchlorate. In general, the employment of this laboratory assay of the analysis of solutions containing ammonium perchlorate is 89.7% in shift.
29. In any chemical process on the list number 1, the purest substance, the name of which is mentioned in the name of production, appears only at the last stage. In list number 1 there are no restrictions on the provision of benefits depending on its content in the controlled substance. The above circumstances confirm the right of the plaintiff to receive an early old-age pension on the list No. 1, as employees of an engaged analysis of technological solutions with specialism - ammonium perchlorate.
30. After examining the materials of the case, listening to the parties, a representative of a third party, the court considers that Alekseeva O.I. justified and subject to satisfaction.
31. In accordance with Art. 27 p. P.P. 1 FZ of the Russian Federation № 173 dated December 17, 2001 "On labor pensions in old age" labor pension is appointed earlier than reaching the age established by Art. 7 of this Federal Law, women at the age of 45, if they worked for 7 years 6 months. On work with harmful working conditions and have a common work experience at least 15 years.
32. In the event that these persons worked on the listed works of at least half of the deadline set above and have the required duration of the insurance experience, the labor pension is assigned to them with a decrease in the age established by Article 7 of this FZ, for one year for each full year of such work.
33. According to paragraph 2 of Art. 27 of the above law Lists of relevant work, industries, professions, posts, specialties and institutions, taking into account labor pension, rules for the calculation of periods of work, if necessary, are approved by the Government of the Russian Federation.
34. The calculation of periods of work that gives the right to the early appointment of a labor pension, not settled by these grounds, is established by the rules for the calculation of periods of work, which gives the right to the early appointment of an old-age labor pension in accordance with Art. 27.28 Federal Law No. 173-FZ dated December 17, 2001, approved by the Decree of the Government of the Russian Federation of July 11, 2002. No. 516, entered into force on July 23, 2002.
35. According to clause 4.5 of the above rules in the work experience, giving the right to early appointment of old-age labor pension, periods of work performed during a full working day are counted, subject to payment for these periods of insurance premiums, annual and additional paid leave, payday benefits periods in disability.
36. To determine the right to a labor pension in old age according to P.P. 1 p.1 Art. 27 of Law No. 173 -FZ Applies List No. 1 of industries, works, professions, posts and indicators, giving the right to preferential pension and retirement for years, approved by the Decree of the Cabinet of Ministers of the USSR No. 01/26/1991. Number 10.
37. As follows from the records of the employment record Alexeva O.I. (ld7-8) and certificates specifying the special nature of work and working conditions and confirming permanent employment by the work provided by the lists (ld 9-12), the required experience Alekseeva O.I. had when she reached the age of 52 years.
38. According to the list No. 1 of production, works, professions, posts and indicators on underground work, work with especially harmful and especially difficult working conditions, employment in which it gives a retirement of age (old age) on preferential terms, section VIII "Chemical production" is indicated Workers of laboratories, departments and other divisions employed full-time with chemical specials. substances.
39. In case on ld 9-12 There is a certificate issued by UNOZIT FCP, from which it follows that Alekseeva O.I. from DD.MM.YYYY on DD.MM.YYYY; from DD.MM.YYYY on DD.MM.YYYY; With DD.MM.YYYY, DD.MM.YYYY, worked as a laboratory manner of the chemical analysis of the Tsotk on the maintenance of the laboratory of workshop No. 6, worked for a full working day with specialism - ammonium perchlorate.
40. The fact that in the controversial periods Alekseeva OI Worked as a laboratory manner. Analysis of the chemical analysis of the Tsotk for the maintenance of the laboratory of the workshop No. 6 is confirmed by the records in its employment book (LD 7-8).
41. The specified circumstance at the court session was not challenged by the representative of the defendant.
42. The arguments of the respondent that the production of sodium perchlorate in Corps No. 201, where the plaintiff worked, is conducted on a separate technological regulation, therefore it is not the stage of producing ammonium perchlorate, for which a separate regulation is also provided, and therefore Alekseeva O.I. It was occupied in the production of only sodium perchlorate; The work of laboratory technicians (by whom Alekseeva O.I.) with solutions and brine, in which, along with other chemicals, there is ammonium perchlorate does not give the right to pension in the list No. 1, since it is analyzed and controlled at the production stages not perchlorate Ammonium, sodium perchlorate, which is not a special substance, the court finds insolvent.
43. As can be seen from the design task, the production of ammonium perchlorate is a multistage and for each stage a technological regulation is developed, the composition of the projected production of ammonium perchlorate includes a hull 201-electrolysis, as well as the case 201.202,209,210, 211 and electrolysis is one of the stages of ammonium perchlorate production.
44. From the conclusions of experts<данные изъяты> from DD.MM.YYYY, from DD.MM.YYYY, from DD.MM.YYYY It follows that
45. 1. The process of ammonium perchlorate is continuous and consists of several stages, however, the presence of a general technological regulation comprising all stages is not mandatory. The process of obtaining sodium perchlorate is included in the overall technological chain of ammonium perchlorate, and sodium perchlorate is made only for subsequent processing into ammonium perchlorate. Thus, the presence of separate technological regulations on the stage of obtaining sodium perchlorate is not a reason for eliminating this production from the total technological chain of the process of obtaining ammonium perchlorate.
46. 2. Preparation of ammonium perchlorate is carried out on a closed zinc with return to the process of technological solutions from previous stages. In particular, the technological condensate obtained from the solution of solutions after removing the bulk of ammonium perchlorate. In such a condensate, as for the regulation. So, according to the analyzes presented by the GKZ Anositis, it may contain up to 700 mg / l ammonium perchlorate (in terms of the analysis of ammonium content).
47. The content of ammonium perchlorate in such a solution is determined by the amount of ammonium ion - the component of the perchlorate molecule, since in the presence of other cations (mainly sodium), the content of ammonium perchlorate is impossible to determine in another way. That is why in the regulations for the electrolysis stage, ammonium perchlorate is not mentioned, although its presence is definitely there and corresponds to the content of ammonium ion (ammonia).
48. Restrictions on the state of ammonium perchlorate (dry product or solution), as well as its number when working, the list No. 1 is not limited. And only the fact of working with it is taken into account, as with a special program.
49. The court takes the details of the conclusion as a permissible evidence of the case, since they make a conclusion on the conditions of work of laboratory technicians of Himanalya production of ammonium perchlorate as a whole. Alekseeva O.I. worked in the same position and in the same period of time as FULL NAME1, FULL NAME2, FULL NAME3, FULL NAME4
50. In accordance with the conclusion of the state examination, the working conditions of the Laboratory of Tsotk are occupied in the production process of producing ammonium perchlorate. Taking into account the production of workshop No. 6 (production of ammonium perchlorate) Employees of the plant in the period from the work of the laboratory technicians of Him.Analya Tsotk for maintenance of the workshop No. 6 were occupied by works with the chemical special extension of ammonium perchlorate.
51. The arguments of the defendant that the unified technological regulation of the production of ammonium perchlorate, which includes the production of sodium perchlorate as a stage of ammonium perchlorate, is absent on the UNOZIT FCP, refuted by the constant technological regulations for the production of ammonium perchlorate, approved by DD.MM.YYYY.
52. Explanations of the respondent's representative that the unified technological regulation of the production of ammonium perchlorate, including the production of sodium perchlorate as a stage of ammonium perchlorate was approved by DD.MM.YYYGG, while Alekseeva O.I. It worked in the period of time when this technological regulation was absent, and therefore it was not entitled not a long-term labor pension, the court finds not convincing.
53. As follows from the act of checking the list of jobs, giving the right to the early appointment of a pension of the old-age employees of the PCP "Anoint", conducted by the specialists of the Pension Fund of the Russian Federation in Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region and the PKP "Anosit", the technological process, The staffing schedule, an official instruction of the laboratory assay of the Chemical Analysis of the Permanent Technological Regulations for the production of sodium perchlorate, operating to DD.MM.YYYY and the permanent technological regulations for the production of ammonium perchlorate, approved by DD.MM.YYYY, completely coincide.
54. The aggregate of the above evidence indicates that the production of ammonium perchlorate is a multi-stage and for each stage developed its technological regulation. The process of obtaining ammonium perchlorate flows along a closed cycle, at each stage the technological condensate and return solutions with a sufficiently high content of perchlorate - ions, condensate from 202 housing returns to 201 housing. In 201, the Corps really functions the electrolysis compartment for the production of sodium perchlorate, but from cyclic technological solutions containing specials. The substance is ammonium perchlorate, so the laboratory technicians, which is Alekseeva O.I. Performing analyzes of technological solutions of this body, work with specials. Ammonium perchlorate substance.
55. In accordance with the explanations of the Ministry of Labor and Pension Fund of the Russian Federation, the question of the early pension provision of employees of the Kuibyshev Chemical Plant is considered taking into account the opinion of the Ministry of Labor of the Russian Federation. In accordance with the current legislation, employees of the Laboratory of Kuibyshev Chemicals supply can enjoy the right to the early appointment of an old-age pension on list No. 1 (section 8), subject to documentary confirmation of their employment during a full working day on work with chemical specials. Substances in their study, testing, quality control analysis and other works provided for by ETKS, as directly in Special. industries and laboratories.
56. Evidence that Alekseeva O.I. Working a laboratory manner. The analysis of the workshop number 6 is constantly over a full working day at work with a chemical special. The substance of ammonium perchlorate is confirmed by the materials studied at the court hearing, namely:
57. - Help number from DD.MM.YYYY, issued by FKP "Anosit", from the content of which it follows that Alekseeva O.I. Working as a laboratory assay of the chemical analysis of the Tsotk for the Laboratory Maintenance Laboratory No. 6, was constantly engaged in a full working day directly occupied on the works with chemical specialism - ammonium perchlorate (ld9-12).
58. The court has no reason not to trust the specified document. The certificate is signed by appropriate persons and has the necessary details.
59. -pravka for employment with specials. Laboratory technicians of the production laboratory CL in the implementation of chemical analyzes of solutions and semi-products containing specialness - ammonium perchlorate, from which it follows that the percentage of the employment of the laboratory technicians to perform the analysis of solutions containing ammonium perchlorate is 89.7%. (ld.18).
60. At the hearing, the representative of the defendant did not dispute the fact of employment during the full working day of the laboratory assistant Alekseeva O.I. Working on the production of tests, however, indicating that Alekseeva O.I. Conducted analyzes not with ammonium perchlorate, but with sodium perchlorate.
61. In confirmation of the specified, representatives of the State Department of the Russian Federation in Kuibyshev and Kuibyshevsky district refer to the act of checking the fact of permanent employment of workers of laboratories with specialists - Ammonium perchlorate at the FSUE "Kuibyshev Chemical Plant" from DD.MM.YYYY., Where it is indicated that Production of sodium perchlorate in building No. 201, where mostly the work of the plaintiff is carried out on a separate technological regulation, therefore it is not a stage of production of ammonium perchlorate, for which a separate regulation is also provided.
62. However, there is a protocol of disagreements on the act of verification, from which it follows that the specialists of the Chemicalsavod did not agree with the specified conclusions of the GU FFF in the Kuibyshev district (ld.17).
63. At the hearing, the representative of the FCP "Anositis" Terentev I.V. It indicated that the production of ammonium perchlorate is a multistage and for each stage developed its technological regulation. The process of ammonium perchlorate flows through a closed cycle. In the housing 201 there is an electrolysis compartment for the production of sodium perchlorate, which will combine from cycular technological solutions containing specials. The substance is ammonium perchlorate, so laboratory technicians performing analyzes of those. The solutions of this housing are operated with the specialism of ammonium perchlorate.
64. The approval of the representative of the FCP "Anositis" is objectively confirmed by expert opinions<данные изъяты> from DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY.
65. Taking into account the above, the court comes to the opinion that Alekseeva O.I. He worked in the controversial periods at the Kuibyshev Chemical Plant (PKP "Anosit") as a laboratory manner. Analysis of the Tsotk for maintenance of the laboratory of workshop No. 6, which relates to special production and was occupied during a full working day with chemical specials. Substance - ammonium perchlorate.
66. These evidence refute the approval of the respondent representatives that Alekseeva O.I. No evidence confirming the fact of constant employment in works with specials. Ammonium perchlorate substance.
67. In accordance with the Resolution of the Constitutional Court of the Russian Federation of 03.06.2004, ensuring the principle of equality guarantees protection against all forms of discrimination in the implementation of rights and freedoms means, among other things, the prohibition of introducing such differences in pension Rights persons belonging to the same category that do not have an objective and reasonable justification.
68. As follows from the decision of the Cuibyshevsky district of NSO DD.MM.YYYY, the requirements of FULL NSO DD.MM.YYYY were satisfied with the requirements of FULL NAMO, DD.MM.YYYY - FULL NAME6 on the appointment of early labor pension for old age, taking into account its work with a laboratory manner of chemical analysis of the Laboratory Cottage 6 Kuibyshev Chemicalsava. As can be seen from the materials of the case Alekseeva O.I. worked in the same position as FULL NAME6
69. In accordance with Art. 19 FZ No. 173 Labor pension is appointed from the day of appeal to the specified pension, but not earlier than from the day the right to the specified pension.
70. For the appointment of pension Alekseeva O.I. DD.MM.YYYY turned, because it had an insurance experience on the specified date for more than 15 years, she worked on the work of harmful working conditions for 3 years 12 days, and therefore established FZ "On labor pensions in the Russian Federation" age should be reduced by 7 years , and from DD.MM.YYYY Alekseeva O.I. A preferential pension must be appointed.
71. In accordance with the Code of Civil Procedure of the Russian Federation, the parties in favor of which the court decision was held, on its written petition, the court awards on the other side of the cost of paying services for the representative within reasonable limits.
72. The plaintiff presented a receipt for the payment of the representatives of the representative in the amount of 15,000 rubles and for drawing up a claim with 4,000 rubles, the Court considers that the costs of the representative of the representative at the court session should be charged from the defendant in the amount of 7,000 rubles. At the same time, the Court proceeds from the complexity of the case, the number of court sessions.
To oblige the Pension Fund of the Russian Federation in Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region to appoint Alekseeva O. I. early labor pension in old age from DD.MM.YYYY
73. To recover from the GU Office of the Pension Fund of the Russian Federation in Kuibyshev and in the Kuibyshevsky district of the Novosibirsk region in favor of Alekseeva O. I. Reimbursement of the cost of payment of services of a representative of a representative of 7,000 rubles, drawing up a claim 4,000 rubles, 200 rubles - a refund of state duty.
74. The decision can be appealed on appeal to the Novosibirsk Regional Court through the Kuibyshevsky District Court for one month.
75. P. p. (Signature) judge
76. Copy is right. Judge: R.I. Silkina

Ulyanovsk Regional Court

Ulyanovsk Regional Court

Judyabukova O.F. Case number 33- 2173/2016

A PO E L L I C I O N N O E O P R E D E N E N E E

The judicial board on civil cases of the Ulyanovsk Regional Court as part of:

president Mijiryasova N.G.,

jaudiyphomin V.A. and Kazakova M.V.

under the secretary of Plasteur S.V.

considered in an open court case on the appeal of the Office of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovsk to the decision of the Svetijazh district court of the city of Ulyanovsk dated February 12, 2016, according to which it was decided:

Clarphenova E.N. to satisfy.

To oblige the Office of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovsk Ulyanovsk region include Parfenova E *** N *** Period special experience in preferential calculation (1: 1.6) in connection with the implementation of medical and other protection activities public health periods of her work from 08/01/1989 05.05.1992, from 02.12.1999. on 09/21/2015 In the post of Feldscher-Laberaent in the pathologist department of the GUZ "O ***".

To oblige the management of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovsk Ulyanovsk Region appoint Parfenova E *** N *** C ***. 2015 Early in-law insurance retirement in connection with the implementation of medical education activities for the protection of public health.

Having heard the report of Judge Miryasova N.G., explanations of the plaintiff Parfenova E.N. and her representative of the lawyer Ilyina E.V., who believed the decision of the court legitimate and reasonable, the judicial board

S T A N O V L L A:

Parfenova E.N. He appealed to the court to manage the Pension Fund of the Russian Federation (Public Institution) in the Svetiviazhsky district of Ulyanovsk Ulyanovsk region on the standings of periods of work in a special experience, recognition of the right to an early insurance pension in old age.

In the rationale for the claim indicated that ***2015 She appealed to the defendant with a statement on the appointment of early an old-age pension in accordance with paragraph 20 of paragraph 1 of Art. 30 FZ "On Insurance Pensions". Decision from *** 2015. She was denied the appointment of a pension due to the lack of the necessary special experience. With the decision of the defendant, I did not agree, believed that periods of her work CRI01/18.1989. 05.05.1992, from 02.12.1999. on 09/21/2015 In the position of Feldscher-Laberaent in the pathologist department of the State University "O *** (previously *** should be counted in a preferential calculation (1: 1.6).

Taking into account the refined claims, I asked to oblige the defendant to include in a special experience in preferential terms (1: 1.6) in connection with the implementation of therapeutic and other activities on the health of the population, controversial periods of work and oblige the defendant to appoint it from *** 2015. Early in-law insurance retirement in connection with the implementation of medical education activities for the protection of public health.

Having considered this dispute, the court ruled the above decision.

In the appeal, the Office of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovskan agrees with the court decision, asks him to cancel as a violation of the norms of material and procedural law, and adopt a new decision. At the same time, it indicates that controversial periods cannot be included in the special experience of the plaintiff in preferential terms, since the pathological department of the dispensary, including oncological, is not included in the list of structural units of health care institutions and posts and medium medical personnel, whose work during The year is counted in the work experience that gives the right to the early appointment of an old-age labor pension, as the year and 6 months approved by the Decree of the Government of the Russian Federation of 29.10.2002. №781. At the same time, the identity of the pathological department of hospitals and the pathologist department of the dispensary by the Ministry of Labor and social Development The Russian Federation has not been established. According to the author's opinion, the certificate issued by the State University "On ***", confirming the preferential nature of the work of the plaintiff until 2006 is unreasonable and cannot be accepted by the court as evidence.

The case is considered in the absence of representatives of the defendant and a third party.

After checking the materials of the case, discussed the arguments of the appeal, the judicial board comes to the next.

According to the materials of the case, the decision of the GU - the Ulyanovsk district of the Ulyanovsk district of the city of Ulyanovsk from *** 2015, Parfenova E.N. It was denied early appointment of an old-age insurance pension due to the lack of the necessary 30 years of experience in connection with the implementation of the medical and other activities to protect public health in healthcare facilities. At the date circulation amounted to 28 years 2 months 3 days.

The special experience of the plaintiff, which gives the right to the early appointment of the Insurance Pension Pension, periods of its work from 08/01/1989. 05.05.1992, from 02.12.1999. on 09/21/2015 In the post of Feldscher-Laberaent in the pathoanatomic department of the GUZ "O ***" is included in the calendar calculus.

By believing the indicated decision of the State University of the Russian Federation in the Svetiviazhsky district of Ulyanovsk violates its pension rights, Parfenova E.N. He appealed to the court to recognize this decision illegal and recognition for her the right to the early appointment of an old-age insurance pension in connection with the implementation of the medical and other activities of the public health.

Allowing the dispute and satisfying the claims of Parfenova E.N., the court of first instance proceeded from the fact that the plaintiff during the work period from 08/01/1989. 05.05.1992, from 02.12.1999. on 09/21/2015 In the position of Feldscher-Laborante in the pathoanatomic department of the State Administrative Offenses of the State Healthcare Institution "O ***" was carried out by the functions of the Feldscher-laboratory technician of the pathological department of the hospital, the work in which it gives the right to preferential calculation and, since the work of the Feldshera-Laberaent was identical in these institutions, then according to the court of first Instances The period of work of the plaintiff should also be calculated (the year of work as 1 year and 6 months) and in connection with this came to the conclusion of the right to the right to the early appointment of the Insurance Pension In Strost C *** 2015.

The judicial board with such a conclusion of the court of first instance cannot agree, since it is based on the incorrect application of substantive law on the relations arising.

In accordance with subparagraph 20 paragraph 1 of Art. thirty Federal Law dated December 28, 2013 N 400-FZ "On Insurance Pensions", an old-age insurance pension is appointed earlier than reaching the age established by Art. 8 of this Federal Law, persons who carried out therapeutic and other activities to protect the health of the population in health facilities for at least 25 years in rural areas and township settlements and at least 30 years in cities, countryside and urban-type settlements or only in cities, independently From their age.

Similar provisions were kept in previously existing paragraph "B" Part 1 of Article 12 , and 83 of the law "On government pensions in the Russian Federation" of 20.11.1990 N 340-1, as well as in subparagraph 20 of paragraph 1 of Article 30 Previously existing Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation".

The procedure for calculating periods of work to be included in the experience, giving the right to the early appointment of a pension due to therapeutic and other activities to protect the health of the population by the Government of the Russian Federation.

According to PP. "N", paragraph 1 of the Decisions of the Government of the Russian Federation of July 16, 2014, N 665, in determining the experience in the relevant types of work in the early appointment of the Insurance Pensions of Older Persons who carried out therapeutic and other activities to protect public health in healthcare facilities, apply: list posts and institutions, working in the work experience, giving the right to the early appointment of an old-age pension to persons who carried out therapeutic and other public health activities in health facilities, in accordance with sub-clause 20 of paragraph 1 of Article 27 of the Federal Law "On Labor pensions in the Russian Federation ", approved by the Decree of the Government of the Russian Federation of October 29, 2002 N 781; as well as a list of posts, working in which is counted in a service, giving the right to a retirement for long-term service due to therapeutic and other work on the protection of public health, approved by Decree of the Government of the Russian Federation of September 22, 1999 N 1066 - to account for relevant activities, We had a place from November 1, 1999 to December 31, 2001 inclusive.

In accordance with the "promissance of professions and posts of health care workers and sanitary and epidemiological institutions, therapeutic and other work of which to protect the health of the population gives the right to retirement for long service," approved by Decree of the Summin RSFSR on September 06, 1991 N 464, Pathologan doctors and Middle Medical Personnel Offices of the General, Children's and Infectious Pathology of Republican, Regional and Urban Pathoanatomy Bureau, Urban, District, Interdistrict and Centralized Bureau of Pathoanatomical Offices, conducting pathologists of corpses, histological studies of body material, organs and tissues remote during operations and biopsy, processing The operating, operational and biopsy material is one year of work in these positions and divisions to be considered in one year and 6 months.

Lists and rules for calculating periods of work that gives the right to the early appointment of an old-age labor pension, a list of structural units of health care institutions and posts of doctors and medium medical personnel, working in which during the year is counted in the work experience that gives the right to early appointment of old-age labor pension , as the year and six months, approved by the Decree of the Government of the Russian Federation of October 29, 2002, N 781, established a preferential calculation of the experience of 1 year for 1 year 6 months for doctors-pathologists, including the heads of heads and medium medical staff (to which The position of Feldscher-Laberaent), working, in listed in the list and regulations of health institutions.

Clause 3 of the list of structural units of health care institutions and posts of doctors and medium medical personnel, work in which during the year is counted in the work experience, giving the right to the early appointment of an old-age labor pension, as the year and six months approved by the Government Decree of October 29, 2002 The year N 781, it is envisaged that in a special experience in preferential terms, the work of medium-sized medical personnel conducting pathologists of corpses, histological studies of the body material, organs and tissues remote during operations and biopsy, treatment of the body, operational material in the pathological departments of the institutions provided for Paragraphs 1 - 6, 14, 20 of the list, as well as the Clinical Center of the Moscow Medical Academy named after I.M. Sechenov; Departments (including common, children's and infectious pathology) of the Patoloanatomy Bureau (Institute).

Thus, in paragraph 3, the list among the institutions with pathoanatomic departments, work in which, gives the right to average medical personnel on the preferential calculation of the experience, the hospitals of all names are indicated, but the dispensaries are not named (listed in paragraph 15 of the list), including number oncological.

Based on the above legislation regulating the legal relationship of the Parties, the judicial board concludes that since the oncological commanders are not named in regulatory documents, and therefore, the work of the Herdshera Laboranterator office of the pathoanatomic department is not subject to a test for the early appointment of an old-age insurance pension preferential calculus (1: 1.6).

In this connection, the department of first instance was not grounds for a preferential calculation of the experience of the Feldscher-laboratory assistance of the pathoanatomic separation of the oncological dispensary.

The court of first instance, agreeing with the arguments of the plaintiff for the identity of the functions of the Feldscher-laboratory technician of the pathoanatomic department of the hospital, the Bureau and the pathological department of the oncological dispensary, did not take into account that the lists of professions and posts, the work in which is counted in the experience giving the right to a retirement for long service in connection With therapeutic and other activities on the protection of public health, the rules for calculating the timelines for the appointment of pensions for long-term years in connection with therapeutic and other work on the protection of public health, lists of structural units of health care institutions and posts and medium medical personnel, work in which On a concessional calculus of the experience contain an exhaustive list of medical institutions, including according to their type (view), with the listing of typical items, and the expansion interpretation is not subject to. The court of first instance actually expanded this list by specifying a new category of workers who have the right to preferential terms of work experience.

In accordance with paragraph 2 of the Resolution of the Government of the Russian Federation of July 11, 2002 N 516 "On approval of the rules for the calculation of periods of work, which gives the right to the early appointment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law" On Labor Pensions in the Russian Federation "The right to establish the identity of professions, posts and organizations stipulated by the lists of works, professions, posts, specialties and institutions, with regard to which the labor pension of old age, the same professions, posts and organizations that have other names provided by the Ministry of Labor and Social development of the Russian Federation on the submission of federal executive bodies and in coordination with the Pension Fund of the Russian Federation.

At the time of consideration of the dispute, the identity of the pathoanatomy bureau, the pathological department of the hospital and the pathological department of the oncological dispensary is not established.

Nomenclature of health care institutions, approved by order of the Ministry of Health of the Russian Federation of 03.11.1999, N 395, Nomenclature of Health Agencies, approved by the Order of the Ministry of Health of the Russian Federation of July 03, 2003, the United Nomenclature of State and Municipal Healthcare Institutions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation On October 7, 2005, a list of medical and preventive institutions, which include: hospital institutions, dispensaries, outpatient polyclinic facilities, pathoanatomy bureaus are approved. Similar names of therapeutic and preventive medical organizations are provided for by the nomenclature of medical organizations approved by the Order of the Ministry of Health of the Russian Federation of August 6, 2013 N 529n currently in force.

Based on the fact that these health facilities belong to different types (species) of institutions, an oncological dispensary named correctly, the court of first instance did not have the grounds for the establishments of the identity of the functions, conditions and nature of the activities of the Feldscher-Laberaent in the pathological departments of hospitals and the pathoanatomic separation of the oncological dispensary, and, accordingly, there were no legal grounds for preferential calculation. The experience of the plaintiff in the period challenged by it.

The federal legislator, establishing the right of persons who carried out therapeutic and other public health activities, to the early appointment of an old-age pension, takes into account not only the specifics of their professional activities, but also the features of the functioning of health institutions, the organization of labor in which suggests adherence to special conditions and performance A certain burden, which in itself cannot be considered as limiting the rights of citizens to pension provision, which has repeatedly indicated the Constitutional Court of the Russian Federation in court decisions.

Thus, the preferential calculation of the experience is a year of work as a year and 6 months bind not to any work, but only with such, in the implementation of which the employee's body is subject to adverse effects of various factors caused by the specifics and nature of activities under certain conditions; It also takes into account differences in the nature of labor, the functional responsibilities of persons working on the same positions, but in different profile and the tasks of the activities of the structural units of therapeutic institutions.

The allocation into a special category of persons entitled to early retirement growth in old age, taking into account the preferential calculation of the experience, individual workers who carry out such activities, are actually based on the conditions and intensity of the work performed.

Thus, due to the lack of legal grounds for inclusion in the special experience of the plaintiff periods of its workfrom 08/01/1989 05.05.1992, from 02.12.1999. on 09/21/2015 In the post of Feldscher-Laboratory assistant in the pathologist department of the State University "O ***" in the experience in a preferential calculation (1: 1.6), the court decision cannot be considered legitimate and reasonable, it is subject to cancellation.

Assessing the circumstances of the pension dispute in accordance with the legislative acts of legislative acts, the judicial board comes to the conclusion of the legality of refusing to the defendant in the appointment of an old-age insurance pension ahead of schedule, due to the lack of the claimant, the necessary experience of the work for the appointment of such a pension.

The decision of the court is subject to cancellation, with the adoption of a new decision, which to refuse Parfenova E.N. In satisfying the claims of the generalization of the Office of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovsk Ulyanovsk region on the inclusion of the workshop period 08/01/1989. 05.05.1992, from 02.12.1999. on 09/21/2015 In the post of Feldshera-Laborante in the pathoanatomic department of the State University "O ***" in a special experience in a preferential calculation (1 year for 1 year six months) and in appointment with *** 2015. early insurance pension.

Guided by Art. 328 Civil Procedure Code of the Russian Federation, Judicial Collegium

O PRE D E L L I L A:

Take a new decision on the case.

In satisfying the claims of Parfeno E *** N ***, the Office of the Pension Fund of the Russian Federation (State Institution) in the Svetiviazhsky district of Ulyanovsk Ulyanovsk region on the inclusion of the workshop period 08/01/1989 05.05.1992, from 02.12.1999. on 09/21/2015 In the post of Feldscher-laboratory in the pathoanatomic department of the State University "O ***" in a special experience in a preferential calculation (1 year for 1 year six months) and in the appointment from 09/21/2015. early insurance pension, refuse

Presidency

V.G. Belyakin, deputy. Head of the Department of Pension Relations Department of Social Insurance Development and state security Ministry of Health and Social Development of Russia

The early work pension in old age for working with severe, harmful and dangerous working conditions is appointed in accordance with the lists No. 1 and No. 2 of industries, works, professions, posts and indicators giving the right to preferential pension provision. The lists are composed of a production ground, each section and subsection corresponds to a certain production or a specific type of work. Therefore, the right to this pension is determined depending on what production or in what work one or another employee was busy. It does not matter in the state of which organization or which unit of the organization is a worker. The determining factor in establishing the right to the early appointment of an old-age labor pension is the fact of employment of an employee in production or on the implementation of individual works provided by the lists.

Worker can consist in a laboratory, but perform work on testing at stations and stands different species ammunition (list number 2, section XI "Production of explosive, initiating substances, powder and equipment of ammunition") or work with sources of VHF, WC ch , Microwave radiation not related to the scientific research (List No. 2, section XXXIII "General Professions"). In both cases, the employee does not lose the right to early pension provision, if it is constantly engaged in the performance of the work in these works, since it is considered by the nature of the work performed as a production worker.

The rules for applying lists No. 1 and No. 2 are contained in clarification of the Ministry of Labor of Russia from 05.22.1996 No. 5. So, in accordance with paragraph 4 of this explanation of employees of laboratories of enterprises, organizations and institutions (hereinafter - organizations), including scientific Research, design, experimental design, enjoy the right to the early appointment of an old-age labor pension in the event that these laboratories are directly provided in the respective sections and subsections of lists.

Lab workers are directly provided in list No. 1 (sections XIII "Production of products of electronic equipment and equipment", XVI "Production of artificial and synthetic fiber") and in the list No. 2 (sections X "Chemical Manufacturing", XXIII "Production of medicines, medical and biological production preparations and materials ").

Laboratories can be organized as directly in the workshops of production organizations (workshop laboratories), whose activities are due precisely by the production of these shops and in the form of structural divisions of the organization as a whole serving all the goals and other units of the organization. In the second case, they are called central factory laboratories (CZL).

Laboratory function and as part of research, design and developmental organizations. The functions of these laboratories are characterized by research activities.

Laboratories can be independent, i.e. not to enter the structure of organizations. These are so-called Central Research Laboratories (VNC).

The right of laboratories for early pension provision in accordance with lists depends on the status of laboratories defined by their functional activities. As noted above, the right to the early appointment of an old-age labor pension in accordance with lists is established depending on what kind of production or on the implementation of what works one or another worker was occupied. This applies to workers of laboratories.

The right of workers of the laboratories on the early appointment of an old-age labor pension is determined how much they are related to the manufacturing process.

For example, in chemical production (List No. 2, section X) laboratories of workshops and industries are provided, whose employees are directly occupied in the industries listed in the list No. 1. In this section, employees engaged in the control of the air environment in the production shops of chemical enterprises and Petrochemical OT races industry. To perform these works in the organization or workshop can be created special laboratory (Laboratory of Air), whose employees have the right to early pension provision on the list No. 2 no matter what chemical production they serve. These can be the production provided for in both List No. 1 (Section VIII) and in List No. 2 (section X).

In the same order, the issue of early pension provision of workers (workers and specialists) of workshop chemicals is consideredlaboratories of enterprises for the production of artificial and synthetic fiber. For them, the early work retirement pension is assigned in accordance with the list No. 1 (Section XVI).

It should be borne in mind that the leaders of such laboratories of the right to the early appointment of old-age labor pensions do not have.

Laboons of all the names of enterprises for the production of medicines, medical and biological preparations and materials, including workshop laboratories engaged in the industries listed in SPIS No. 1 (Section XVIII) and List No. 2 (Section XXIII), early old-age pension Assigned to List No. 2 (Section XXIII). The right to this pension has laboratory technicians in the state of both manufacturing workshops and shop laboratories.

Similarly, the question of the early pension provision of laboratory technicians of the chemical analysis of pulp and paper organizations engaged in the production of pulp, paper and cardboard is solved. The right to an early pension (List No. 2, section XXI "pulp and paper woodworking production") have both laboratory technicians of the chemical analysis of production shops and chemical laboratories engaged in the production of synthetic adhesive resins.

It should be noted that the issue of early pension provision of employees of central factory laboratories is ambiguously considered. This is due to the fact that in its status these laboratories are not fixed for some kind of certain production. Their functions include: control of raw materials entering the organization; control of the finished products of the organization; research work. Employees of such laboratories are not enjoying the right to early pension provision, except for cases resulting from legislation.

So, in section II "ore preparation, enrichment, ocked (agglomeration, briquetting, occupation), firing ores and non-metallic fossils" (subsection 1, Position 2030100A-17541) The list No. 2 provides for the workers of the test tube and analytical laboratories engaged in the use of cyanides , and in section VIII "Metallurgical production (non-ferrous metals)" (subsection 21, position 2092500A-17541) - the tubes, analytical, spectral, research, control and measuring and other laboratories. The function of these laboratories includes: chemical (high-quality and quantitative) analysis of ores and other intermediates and content products precious metals, physical (spectral) analysis, control and other research methods. These works can be performed and CZL.

Thus, the Czl workers carrying out the above work on the maintenance of the production listed in these sections can enjoy the right to early pension provision.

At the same time, in some organizations, workshop laboratories (provided for by lists) due to reorganization are translated into the composition of CZL, but without changing the functions of the workshop laboratory. In this case, they remain the right to the early appointment of an old-age labor pension, which they had both workers of shop laboratories.

In some sections and subsections of lists, laborers are provided, with which the right to early pension provision is provided to both employees of this production.

In section XIII "Production of products of electronic technology and radio equipment" The list No. 2, along with other professions and posts, laboratory technicians occupied in areas of work with the use of mercury in the manufacture of instruments and products and areas and works using lead oxides.

These laboratory technicians acquire the right to an early appointment of an old-age labor pension, regardless of whether they are in the workshop (production) or shop laboratory.

In some sections and lists subsections, work can be performed in the respective laboratories. Thus, in the sections of the XXII and XXXIII "Common Professions", respectively, lists No. 1 and No. 2 provide employees directly performing work with microorganisms. When working with microorganisms of the 1st group of hazards against which not developed effective tools Prevention and treatment, early old-age labor pensions are appointed by the list No. 1. Working with microorganisms of the 2nd hazard group gives the right to early pension provision on the list No. 2.

Sanitary rules on the safety of work with microorganisms (SP 1.2. 01194), approved. GossenaPidadzor of Russia, it is allowed to work with microorganisms of the 1st, 2nd hazard groups (pathogenicity) in the laboratories of enterprises, organizations and institutions (including research), having conditions for compliance with security requirements and the corresponding work permit Such biological material.

In this regard, employees employed with the microorganisms of the 1st, 2nd hazard groups (pathogenicity) in the laboratories of enterprises, organizations and institutions, in the laboratories of enterprises, organizations and institutions can be used on the sessions of the lists No. 1 and No. 2 "General professions" . h. Research.

Do you have the right to early pensions in old age workers of laboratories, if this is not directly provided for by the lists number 1 and 2? It turns out that some of them enjoy this benefit, and others - no. What then does the acquisition of the right to early old-age retirement depends, and whether a laboratory worker has a value in the state of which organization or its division? You need to finally understand.

Older's labor pension is appointed early in accordance with the list of production, works, professions, posts and indicators on underground work, on work with particularly harmful and especially difficult working conditions, employment in which the right to retire the age (in old age) on preferential terms and list of production, professions, positions and indicators with harmful and heavy working conditions, employment in which gives retirement by age (in old age) on preferential terms (hereinafter referred to as List No. 1 and List No. 2), applied. Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 "On approval of lists of industries, works, professions, posts and indicators giving the right to preferential pension provision."

These lists are composed of production ground. This means that the right to the specified pension is provided to employees who are occupied in the industries provided for by the lists No. 1 and 2.

At the same time, employees of laboratories that are not directly involved in the technological process of a particular production can also use the right to early pension provision.

Work in the laboratory. When is the right to early pension?

Explanation of the Ministry of Labor of Russia dated 05.22.1996 No. 5 "On the procedure for the application of lists of industries, works, professions, posts and indicators giving in accordance with Articles 12, 78 and 78.1 of the Law of the RSFSR" On State Pensions in the RSFSR "Right to the old-age retirement With special working conditions and retired for long service, "approved. Resolution of the Ministry of Labor of Russia dated 05.22.1996 No. 29, determined (§ 4): employees of laboratories of enterprises, organizations and institutions, including research, design, experimental design, enjoy the right to early appoints a labor pension in old age in The case if these laboratories are directly provided in the relevant sections and subsections of lists.

For example, laboratories are directly provided in list No. 1 (sect. XIII "Production of products of electronic equipment and equipment", Sec. XVI "Production of artificial and synthetic fiber"), in the list No. 2 (Section x "Chemical production", section. XXIII "Production of medicines, medical and biological preparations and materials").

Note! The determining factor in the establishment of the right to the early appointment of an old-age labor pension is the fact of employment of an employee in production or on the implementation of individual works provided for by lists

At the same time, in some cases noted in the legislation, the employees of laboratories not provided for by lists No. 1 and 2, under certain circumstances, may be eligible for early appointment of an old-age labor pension. For example, if they are constantly engaged in a full working day are occupied on the work provided by the lists.

As we have noted, the lists number 1 and 2 are composed of a production ground: each section and subsection corresponds to a certain production or a specific type of work. Therefore, the right to this pension is determined depending on what production or in what work one or another employee was busy. It does not matter in the state of which organization or what unit of organization it consists.

For example, an employee may consist in a laboratory, but carry out work on testing at stations and stands of various types of ammunition (section XI "Production of explosive, initiating substances, powders and equipment of ammunition" of the list No. 2) or work with sources of VHF, UHF , Microwave radiation (sect. XXXIII "General professions" of the list number 2) not related to scientific research. In fact, and in another case, the employee does not lose the right to early pension provision, if it is constantly engaged in the full working day in these works. In this case, by the nature of the work performed, it is considered as a production worker.

The right of laboratory workers on early pension provision in accordance with lists depends on the status of a laboratory, which is determined by its functional activities. As noted above, the start-up labor pension in old age on the lists is prescribed depending on what production or on the implementation of what works one or another employee was busy. This applies to workers of laboratories.

The early appointment of an old-age labor pension is determined by how much laboratory workers are associated with the production process.

In organizations (depends on the nature of production), workshop laboratories are created in production workshops, the purpose of which is to maintain the technological process of these workshops.

For example, in the chemical production (sect. X of the list No. 2) laboratories of workshops and industries, workers, managers and whose specialists are directly occupied in the industries listed in the list No. 1 (with the exception of engaged in the implementation of graphical analysis).

The right to early pension provision These employees are acquired if these production is constantly serviced during a full working day. At the same time, the legislation does not provide what specific work should carry out these employees. The nature of the work depends on the working or job description of one or another profession (position).

In the same order, the question of the early pension provision of workers (workers and specialists) of shop chemical laboratories of enterprises for the production of artificial and synthetic fiber is considered. It is assigned to the early work pension for old age in accordance with the list No. 1 (section. XVI). It should be borne in mind that the leaders of such laboratories of the right to the early appointment of old-age labor pensions do not have.

Note! Heads of shop chemical laboratories of enterprises for the production of artificial and synthetic fiber rights to the early appointment of old-age labor pensions do not have

Laboons of enterprises of all names for the production of medicines, medical and biological preparations and materials, including workshop laboratories engaged in the industries listed in List No. 1 (Section XVIII) and list No. 2 (Section XXIII), early labor pension Old age is appointed by list No. 2 (Section. XXIII). The right to this pension has laboratory technicians in the state of both manufacturing workshops and shop laboratories.

Similarly, the question of the early pension provision of laboratory technicians of chemical analysis of pulp and paper organizations engaged in the production of pulp, paper and cardboard. The right to the early pension (Section XXI "Cellulose and paper woodworking production" of the list No. 2) have laboratory technicians as a chemical analysis of production shops and chemical laboratories engaged in the production of synthetic adhesive resins.

Central factory laboratories

The question of the early pension provision of employees of central factory laboratories (CZL) is resolved ambiguously. This is due to the fact that in its status these laboratories are not fixed for some particular production. Their functions include work on the reception of raw materials entering the organization, control of finished products in the organization as a whole, as well as research work. Work in these laboratories is inherently not related directly to production (except for organizational cases). Therefore, employees of such laboratories do not enjoy the right to early pension provision, with the exception of cases directly provided for by the legislation.

For example, in section II "ore preparation, enrichment, ocked (agglomeration, briquetting, occupation), firing ore and non-metallic fossils" (PRIEND. 1, Position 2030100A-17541) The list No. 2 provides for the workers of the assignments and inspirational analytical laboratories employed using Cyanides.

In section VIII "Metallurgical production (non-ferrous metals)" (PREDIM. 21, Position 2092500A-17541) The list No. 2 provides for workers of the tubular, analytical, spectral, research, control and measuring and other laboratories.

The functions of these laboratories are in the chemical (high-quality and quantitative analysis of ores and other intermediates and products on the content of precious metals) and physical analysis (spectral analysis), control and other research methods. These works can be performed by central factory laboratories. Thus, employees of central factory laboratories, or rather individual laboratories that make up the central factory laboratories and carry out the above work on the maintenance of the production listed in these sections can enjoy the right to early pension provision.

In some organizations, workshop laboratories (provided for by lists) due to reorganization are translated into CZL, but without changing the functions of the workshop laboratory. In this case, employees of such laboratories remain the right to the early appointment of the old-age labor pension, which they had earlier as workers of shop laboratories.

Laboratory NII

The laboratories, as well as departments of research institutes (research institutes), are structural divisions of these institutions. Therefore, if employees are provided in the lists, the right to early pension provision in this case applies to the employees of these laboratories.

For example, in the sections of XXXII (PRIEND. 2, position 23302000-17541) of the list number 2 provide for employees who are constantly engaged in work with radioactive substances with activity in the workplace of at least 0.1 milliquors of radium 226 or equivalent on the radioactivity of radioactive substances in scientific - Inherited institutions. In this case, the right to early pension provision applies to the Laboratory workers.

By the way, to say

Laboratories (so-called shop laboratories) can be organized directly in the workshops of production organizations, whose activities are due precisely by the production of these workshops; they can also be structural

the organization's division in general and to serve all the goals and other units of the organization. Such laboratories are called central factory. Laboratory function and as part of research, design and developmental organizations.

The functions of these laboratories are characterized by research activities. Laboratories can be independent, i.e. not to enter the structure of organizations. These are the so-called Central Research Laboratories.

Labs can also be part of the Departments of the Research Institute. In this case, employees of such laboratories are treated as department workers.

For example, in section XXIV (PRIEND. 13) of the list number 1, employees of the scientific departments of the Research Institute are provided, with which the early labor pension of old age is appointed if they are constantly engaged in working in the conditions of radiation harm in manufacturing, assembly (disassembly) and testing (in t. h. undermine) products with uranium, thorium, plutonium, tritium. The right to this pension also extends to employees of laboratories of such departments.

Does it have the right to an early old-age laboratory retirement pension that is not consisting of a workshop or laboratory?

In some sections and subsections of lists, laborers are provided, with which the right to early pension provision is provided to both employees of this production.

For example, in section XIII "Production of products of electronic technology and radio equipment" The list No. 1, along with employees of other professions and posts, laboratory technicians occupied in areas of work using mercury in the manufacture of instruments and products, as well as on sites and works using lead oxides. Laboons acquire the right to the early appointment of old-age labor pension, regardless of whether they are in the workshop (production) or laboratory.

Laboratories not designated in lists

As mentioned above, in some sections and subsections of lists, the works can be performed in the respective laboratories, but directly in the lists such laboratories are not indicated.

Thus, in the sections of the XXII and XXXIII "General professions" of lists No. 1 and 2, respectively, employees directly carry out work with microorganisms. When working with microorganisms of the 1st group, against which effective means of prevention and treatment, early labor pensions are appointed by the list No. 1. Working with microorganisms of the 1st and 2nd hazard groups gives the right to early pension provision on the list № 2.

Sanitary rules on the safety of work with microorganisms (SP 1.2.011-94), app. Gossenanadzor of Russia, work with microorganisms of the 1st and 2nd hazard groups (pathogenicity) is allowed to carry out laboratories of enterprises, organizations and institutions (including research), having conditions for compliance with labor safety requirements and the appropriate work permit with such biological material.

In this regard, employees employed with microorganisms of the 1st and 2nd hazard groups (pathogenicity) both in the laboratories of enterprises and laboratories in the laboratories of enterprises and laboratories of various organizations can enjoy and institutions (including research).

In section X "Chemical Production" of the list number 2, employees engaged in the control of the air environment, whose right to early pension provision is due to the performance of work on the maintenance of production workshops (sections) of enterprises of the chemical and petrochemical industries. To fulfill these works, a special laboratory (air laboratory) can be created in the organization or workshop. Employees of this laboratory have the right to early pension provision on the list No. 2, no matter what chemical production they serve. These can be the production provided for in List No. 1 (Section VIII) and in List No. 2 (Section X).

Calculus of special employment

In accordance with section XI (PREDD. 6) of the list No. 2, the right to the early appointed old-age work retirement is provided to employees of departments and laboratories of enterprises and organizations, including employees of departments and laboratories, engaged in full-time research, recipe development, or Technologies for the production of products and products listed in the subdrance. 2 and 3 sec. IX list number 1.

In cases where employees of departments and laboratories are occupied full-time work on the development of technological processes of the production of products and products listed in Poderation. 2 (explosives, including industrial explosives) and subdrade. 3 (powders, solid fuel charges, pyrotechnic, gully and low-house compositions, firecases, fire-wire and detonating cords, charges, burning sleeves, as well as semi-finished products and compositions based on them) section. IX list No. 1, in the conditions of experienced production, the labor pension of old age them can be appointed early in accordance with Section. IX (PREDP. 2 and 3) List number 1. At the same time, the special work experience of these workers should be calculated by actually spent time (a letter of the Ministry of Labor of Russia dated June 15, 1995 No. 1079-VS).

You should know it

• Employees of laboratories enjoy the right to the early appointment of an old-age labor pension in the event that these laboratories are directly provided in the relevant sections and subsections of the list
• The right of laboratory workers on early pension provision depends on the status of the laboratory
• The right to early retirement to the old age employees of laboratories depends on what production or in what works one or another worker was busy
• The early appointment of a labor pension for old-age employees of laboratories is determined how much they are related to the production process.