Appeal definition of SK on civil cases of the Supreme Court of the Republic of Bashkortostan on December 9, 2014 in case No. 33-17476 / 2014
Judicial board on civil cases of the Supreme Court of the Republic of Bashkortostan as part of:
khagina Chairman T.F.
judges Nurmukhametova R.R ..
Khairutdinova D.S.
under Secretary H.Yu.F.
considered in open court a civil case on the Appeal complaint of the GU - the Office of the Pension Fund Russian Federation In the city of Siberian Republic of Bashkortostan on the decision of the Siberian City Court of the Republic of Bashkortostan of September 25, 2014, which resolved:
Claim T.V. Satisfy partially.
To recognize the decision of the State Institution - the Office of the Pension Fund of the Russian Federation in the city of Siberian Republic of Bashkortostan N ... from the date of refusal to appoint a pension T.V. illegal.
To oblige the state institution - the Office of the Pension Fund of the Russian Federation in the city of Siberian Republic of Bashkortostan include in the work experience T.V., which gives the right to the early appointment of a pension in accordance with Art. 27 p. 1 p.p. 20 of the Law of the Russian Federation "On Labor Pensions" Periods of work as a laboratory assistant department of normal physiology in the Bashkir State Medical Institute with the date by date (2g.9 months); as well as periods of finding training courses: with date by date. (29DN), with date by date. (1mes.28d.), With the date by date. (2 months 2), with date by date. (1M2D), with date by date. (15DN), with date by date. (24 days), with date by date. (18DN).
To oblige a state institution - the Office of the Pension Fund of the Russian Federation in the city of Siberian Republic of Bashkortostan, appoint T.V. Pension with the date.
Having heard the report of Judge Chergina T.F., the judicial board
Installed:
T.V. appealed to the court to the state institution-management of the Pension Fund of the Russian Federation in the city of Siberian Republic of Bashkortostan on the recognition of a decision to refuse to establish a pension illegal, laying the obligation to include periods of work in the experience, giving the right to early appointment labor pension, and the appointment of a labor pension.
In the rationale for its requirements, it was indicated that by the decision of the GU - the Office of the Pension Fund of the Russian Federation in Sibyab, N ... From the date it was denied the appointment of an old age pension, due to the lack of the required 30-year-old experience of therapeutic and other health care activities Population in health facilities. At the same time, its special experience will not be credited to advanced training courses, since these periods are not provided for by the rules of July 11, 2002 N 516, as well as the period of its work as a laboratory assistant of the Department of Normal Physiology in the Bashkir Medical Institute, with the date by date . (2g.9 months 19d), since the name of the institution is not provided for by the list of institutions approved by Resolution of the Council of Ministers of the RSFSR on September 6, 1991, N 464 and does not apply to healthcare facilities. With this decision of the pension body, it disagrees. Believes that periods of its location in advanced training courses are subject to inclusion in the experience giving the right to early pension provisionbecause at the specified periods for it remained workplaceThe salary was charged. It believes that the period of its work as a laboratory assistant of the Department of Normal Physiology of the Bashming Station is fully due to the inclusion in medical experience, since subparagraph "e" of clause 1 of the Resolution of the Council of Ministers of the USSR "On Pensions for Saving Years of Employees of Enlightenment, Health and Agriculture" dated December 17, 1959 N1397 It is envisaged that teachers, a doctor and other employees of enlightenment and health care work in higher education are counted, pedagogical and research work in higher educational institutions and research institutes.
The court issued the above decision.
Disagree with the decision of the court, GU - the Office of the Pension Fund of the Russian Federation in Sibba RB in the appeal asks it to abolish it in terms of the inclusion of the period of work as a laboratory manner of the Department of Normal Physiology in the Bashkir Medical Institute, staying on advanced training courses and the obligation to appoint early Labor retirement with the date.
Persons participating in the case and not appealed to the appeal consideration of the case, about the time and place of consideration are notified properly, the valid reasons for the failure did not report, in connection with which, on the basis of Art. 167 Code of Civil Procedure of the Russian Federation, the judicial board finds it possible to consider the case in their absence.
After checking the materials of the case, having discussed the arguments of the appeal, after hearing the representative of the GU - the Office of the Pension Fund of the Russian Federation in Sibay RB - S.E., who supported the arguments of the appeal, T.V., who believed the court decision lawful, the judicial board comes to the next.
Article 39 of the Constitution of the Russian Federation is guaranteed social security by age, in case of illness, disability, loss of the breadwinner, to raise children and other cases established by law. State pensions I. social benefits Installed by law. Constitutional right to social security includes the right to receive a pension in certain cases and sizes.
According to Art. 1 of the Federal Law No. 173 dated December 17, 1991 "On Labor Pension" with changes and additions, labor pensions are established and paid in accordance with this Law.
In accordance with the Federal Law of December 17, 2001, N 173-FZ "On labor pensions in the Russian Federation" An old-age labor pension is appointed "Earlier pension age Persons who carried out therapeutic and other activities to protect public health in health facilities for at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, countryside and in urban towns or only in cities, regardless of their age.
The court found that T.V. The date applied for a statement to the GU - the Office of the Pension Fund of the Russian Federation in Sibiba RB on the appointment of early labor pension.
By the decision of the GU - the Office of the Pension Fund of the Russian Federation in Sibiba RB N ... from the date T.V. It was denied the appointment of an early labor pension due to the lack of the required 30 years of experience in the health and other activities of public health in healthcare facilities. The experience of therapeutic activity is 28 years 2 months 13 days.
At the same time, in a special experience, giving the right to the appointment of early labor pension, the defendant does not include periods of working with the date by date. (2g.9m.19d.) In the post of laboratory assistant department of normal physiology in the Bashkir Medical Institute; Periods of finding training courses with the date by date. (1mes), with date by date. (29DN), with date by date. (1mes.28d.), With the date by date. (2 months 2), with date by date. (1M2D), with date by date. (15 days), with date date. (24 days), with date by date. (18DN).
According to clause 2 of Article 27 of the Law, lists of appropriate works, industries, professions, posts, specialties and institutions (organizations), taking into account labor pensions in old age in accordance with paragraph 1 of this article, rules for the calculation of periods of work (activities) and the appointment of this pension If necessary, approved by the Government of the Russian Federation.
Decree of the Government of the Russian Federation N 781 dated October 29, 2002, in accordance with Article 28 of the above federal law, were approved: a list of posts and institutions, working in the work experience giving the right to the early appointment of an old-age labor pension to persons who carried out therapeutic and other activities on protection of public health in health facilities, in accordance with subparagraph 20 of paragraph 1 of Article 27 Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation" (hereinafter - the list); Rules for calculating periods of work that gives the right to the early appointment of an old-age labor pension to persons who carried out therapeutic and other activities to protect public health in health facilities in accordance with subparagraph 20 of paragraph 1 of Article 27 Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation" (hereinafter - Rules).
According to the subparagraph "e" of clause 1 of this provision on the procedure for calculating the experience for the appointment of pensions for service for years of workers of education and health, approved by Resolution of the Council of Ministers of the USSR dated December 17, 1959 N 1397, in employment experience, except for employment, organizations and positions, the work in which gives the right to a retirement for long-term years, was counted the pedagogical and research In higher educational institutions and research institutes.
Also, the court found that T.V. The date was hired to work at the Bashkir State Medical Institute for the position of Laboral Department of Normal Physiology and dismissed the date at his own request.
From the Order of the Ministry of Health and Medical Industry of the Russian Federation N ... From the date it follows that the Bashkir State Medical Institute is renamed Bashkir State Medical University. The Charter of the Bashkir State Medical University, amendments were made, from the content of which it follows that this university is under the jurisdiction of the Ministry of Health of the Russian Federation. "
According to the statement of the Unified State Register of Legal Entities as of the date of the year, in the column, the types of economic activity involved in entityIn addition to the main type of activity as training in educational institutions of higher professional education, there are also additional activities, in particular the activities of therapeutic institutions, research and development in the field of public and humanitarian sciences and others.
The court also indicated that in the disputed period of the work T.V. Approved by the Resolution of the USSR Council of Ministers of 17.12.1959 N 1397, the Regulation on the procedure for the calculation of the experience for the appointment of a service for serving workers of education and health care and a list of institutions, organizations and positions, work in which it gives a retirement for the length of service, which included inclusion in The experience that gives the right to appointment preferential pension In old age, the period of work as a laboratory assistant (all independently of the name position) in hospital institutions of all types and items.
Allowing the dispute and satisfying the claims of T.V. In terms of inclusion in a special experience, the period of operation as a laboratory manual of the Department of Normal Physiology in the Bashkir State Medical Institute with the date by the date (2G.9MEM.19DN) proceeded from the fact that the time of research work plaintiff in a higher educational institution and its work experience in positions giving the right to prescribe a pension on preferential terms, corresponds to the limits established by Resolution No. 1397.
The judicial board cannot agree with such a conclusion of the Court and it considers it necessary to cancel the decision in terms of incorporation in a special experience of the work of the plaintiff as a laboratory assistant department of normal physiology in the Bashkir State Medical Institute with the date by the date (2G.9ME9DN) on the following grounds.
The early appointment of an old-age pension in connection with the implementation of medical and other activities to protect the health of the population in state and municipal health institutions is carried out in accordance with paragraph 11 of paragraph 1 of Article 22 of the Federal Law of December 17, 2001 N173-F3 "On Labor PENTIONS IN THE RUSSIAN FEDERATION "If the applicant has 25 years of special experience in rural areas and urban-type settlements and at least 30 years in cities, countryside and in urban-type settlements or only in cities.
Early labor pensions are established in connection with professional activities and are preferentially in comparison with other types of pension provision, since they are provided in connection with the loss of professional working capacity until the achievement of the common retirement age due to the long adverse psychological, physical and other impact on the human body work in relevant professions and positions in harmful or difficult working conditions.
Given the preferential nature of this pension, the legislator is limited to a circle of persons who exercise therapeutic and other activities to protect public health, which enjoy the right to the early appointment of an old-age labor pension due to medical activities.
For this, the Government of the Russian Federation by resolution of October 29, 2002. N 781 approved a list of institutions and posts, the work in which it gives the right to the early appointment of a pension.
In accordance with the Resolution of the Constitutional Court of the Russian Federation of January 29, 2004. N 2-P founded that in order to implement pension rights medical workers, when calculating the experience in the relevant types of work, regulatory acts that regulate the procedure for calculating the experience can be used to assign the specified category of persons for service for years before the introduction of new right regulation, i.e. Specified on December 31, 2001.
Such regulatory acts include the Resolution of the Ministerial Council of the RSFSR from 06.09.1991. N 464, which applies to periods of work to a datag.
By periods that took place after a data. The decision of the Government of the Russian Federation of September 22, 1999 is applied. N 1066.
By periods that took place after the date - the Decree of the Government of the Russian Federation of October 29, 2002. N 781.
Clause 1 of the list approved by the decision of the Council of Ministers of the RSFSR of September 6, 199199 N464 indicates that work is counted in the posts of a doctor and secondary medical personnel regardless of the name of the medical and preventive and sanitary and epidemiological institutions of all forms of ownership.
From the analysis of the specified norm, it is seen that the list is counted in the work of the middle medical staff and this work should flow into medical and preventive and sanitary and epidemiological institutions.
During the period of the T.V.N. In the post of laboratory assistant department of normal physiology in the Bashkir Medical Institute from September 10, 1981. On 28.06.1984, the Regulation was on the procedure for calculating the experience for the appointment of pensions for long-term years of education and health workers, approved by the decision of the Council of Ministers of the USSR of December 17, 1959. N1397.
Regulations on the procedure for calculating the experience for the appointment of pensions for years of years of education and health workers approved by the Resolution of the Council of Ministers of the USSR on December 17, 1959. N1397, teachers, doctors and other employees of enlightenment and health care experience in the specialty, except for employment, organizations and positions, work in which the right to retire for long service is counted pedagogical work At courses, schools and institutes of advanced training, retraining and improvement: pedagogical and research work in higher educational institutions and research institutes.
Decree of the Government of the Russian Federation of 09/22/1993 N 953 (ed. From 10.29.2002) "On the introduction of changes, additions and recognition by invalid decision-making of the Council of Ministers of the RSFSR on some issues of pension provision for long service in connection with pedagogical activities, therapeutic and creative work "adopted a list of decisions of the USSR Council of Ministers, which are not applied in the Russian Federation from 10/01/1993, including the Resolution of the USSR Council of Ministers of December 17, 1959 N 1397" On Penctions for Learning Years Employees of Enlightenment , Health and Agriculture. "
However, according to paragraph 3 of the order of the Ministry of Social Security of the RSFSR of 06/30/1986. N1-63-and "On Penns For Saving Saving Employees of Enlightenment and Health Equipment to the number of positions whose occupation defines research in nature, managers may be: managers and deputy heads of research institutes and their structural divisions of departments, sectors, etc. ), except for deputy heads of institutes on the administrative and economic part and managers of economic and subdivide units of institutions; scientists of all names (senior, junior), including assistants.
According to the Charter, the State Budgetary Educational Institution of Higher Professional Education "Bashkir State Medical University" is an educational institution of higher vocational education, implements educational programs of secondary, higher, postgraduate and additional professional education in accordance with licenses for the right to conduct educational activities.
The Bashkir State Medical Institute was created by the decision of the Council of People's Commissars of the RSFSR of 03/25/1932 N289, the orders of the State Committee of Russia from the date of N ... and the Ministry of Health of Russia from the date N ... Bashkir State Medical Institute was renamed Bashkir State Medical University of the Ministry of Health of the Ministry of Health of Russia.
In accordance with the order of the Government of the Russian Federation of September 10, 2008. N1300-R University is under the jurisdiction of the Ministry of Health and social Development RF only from 10.09.2008.
Moreover, the position of a laboratory assistant on the list approved by the decision of the Council of Ministers of the RSFSR from September 6, 1991 N464 was not named, and there is also no such institution as the "Department".
Since, during the work of the plaintiff as a laboratory assistant, the Department of Normal Physiology in the Bashkir Medical Institute with the date. By date., The Institute does not apply to healthcare facilities and the name of the institution is not provided for by the list of institutions approved by the decision of the Council of Ministers of the RSFSR from September 6, 1991 N464, then the Judicial Board concludes a refusal to satisfy the claims in terms of inclusion in a special experience. For the appointment of early labor pension, the periods of work of the plaintiff as a laboratory assistant department of the Department of Normal Physiology in the Bashkir Medical Institute from September 10, 1981. on 06/28/1984
Meanwhile. The judicial board agrees with the reasonable conclusion of the court on the inclusion in the special experience of the periods of finding the plaintiff in advanced training courses: with the date by date. (29DN), with date by date. (1mes.28d.), With the date by date. (2 months 2), with date by date. (1M2D), with date by date. (15DN), with date by date. (24 days), with date by date. (18DN).
In accordance with Article 187 of the Labor Code of the Russian Federation in the direction of the employer of the employee to improve the qualifications with the separation from work behind it, place of work (position) and the average salary at the main place of work are preserved.
Direction for advanced training courses does not depend on the will of the employee, is related to the implementation labor activityaimed at improving its professional level, an employment contract with an employee at the time of finding an employee in advanced training courses does not stop, and this time refers to working time. In this connection, the period of finding training courses is a period of work while maintaining average wages, with which the employer must deduct the insurance premiums to the Pension Fund of the Russian Federation.
In addition, for some categories Employees due to special regulations advanced training is a prerequisite for the performance of work.
Consequently, periods of finding training courses are subject to inclusion in the experience giving the right to early pension provision.
With the calculation of the experience of therapeutic and other activities of the population of the population of the giving the right to the early appointment of a pension in old age special experiencep. It is 28 years of 2 months of 11 days - it is established by decision of the State University of JFF in the city of Siberian RB to refuse to establish a pension from the date N ...; Periods of finding training courses: with date by date. (29DN), with date by date. (1mes.28d.), With the date by date. (2 months 2), with date by date. (1M2D), with date by date. (15DN), with date by date. (24 days), with date by date18DN.) (28 years 02 months 11 days + 08 months 17 days \u003d 28 years 10 months 28 days) will be 28 years 10 months 28 days.
Thus, on the day of the appeal to the GU - the Office of the Pension Fund of the Russian Federation in the city of Siberia Bashkortostan, on the date of T.V. The experience of therapeutic and other activities on the protection of public health was -28 years 10 months 28 days, that is, she did not have the right to appoint a pension.
Taking into account the foregoing, the judicial board concludes that the court decision in terms of the appointment of early labor pensions with the date is subject to cancellation, with a new decision on the refusal to satisfy the claims of T.V. On the appointment of early labor pension with the date.
In the rest of the court, the court decision is left unchanged, an appeal without satisfaction.
Guided by Art. 328-330 Code of Civil Procedure of the Russian Federation, Judicial College
Determined:
Solution of the Siberian City Court of the Republic of Bashkortostan from the date to cancel in terms of inclusion in a special period of work periods T.V. In the post of laboratory assistant department of normal physiology in the Bashkir State Medical Institute with the date of the date (2G.9ME 19DN) and the obligation of the GU - the Office of the Pension Fund of the Russian Federation in Sibiba RB, appoint T.V. Pension with the date to cancel and in the canceled part to make a new solution to which:
Satisfying the claims of T.V.N. To the state institution-management of the Pension Fund of the Russian Federation in the city of Siberia Bashkortostan on the layout of the obligation to include in a special experience, giving the right to the early appointment of a labor pension. Period of work as a laboratory assistant department of Normal Physiology in the Bashkir State Medical Institute with the date by date (2g. 9mes.19Dn.), And appoint a long-term labor pension with the date, refuse.
In the rest of the decision of the court, to leave unchanged, and the appeal of the GU - the Office of the Pension Fund of the Russian Federation in the city of Siberian Republic of Bashkortostan - without satisfaction.
Chairman Krina T.F.
Judges Nurmukhametova R.R.
Case number 2-371
DECISION
NameDrinsiSkyfederation
Falen District Court of the Kirov region, as part of:
chairmanship Duffer L.V.,
under Secretary, Brief E.I.,
examined in open court a civil case under the claim of Maximova Natalia Yuryevna to the State Department of the Russian Federation in the Falensky district on the appointment of early old-age pension,
Installed:
Maksimova N.Yu. He appealed to the court to the GU - the Office of the Pension Fund of the Russian Federation in the Falensky district about the appointment of an early labor pension to her early.
In substantiation of his request that 00.00.2010 The Commission of the GU - Department of the Pension Fund of the Russian Federation in the Falensky district to consider the implementation of pension rights of citizens decided to exclude from the special seniority, which gives the right to the early appointment of an old-age labor pension on the basis of PP 20 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation" No. 113 of December 17, 2001 of the following periods of its work:
From 06/06/1989 - 09/12/1989 - Chemist - a laboratory assistant in F. SanEpidemstation;
From August 22, 1994. - 03/31/1996.- Feldsher-laboratory-bacteriologist at the district center of state sanitary and epidemiological surveillance.
From 01.11.2004. - 05.11.2004, from 09.11.2004 - 03.12.2004, from 09.11.2009. - 04.12.2009 - Periods of finding training courses.
Refusal is motivated by the fact that these posts are not provided for by the list approved by Resolution of the Ministerial Council of the RSFSR on September 6, 1991. No. 464 "On approval of a list of professions and posts of health workers and sanitary and epidemiological institutions, therapeutic and other work of which to protect the health of the population gives the right to retire long service," and not named the nomenclature of the posts of medical and pharmaceutical personnel and specialists with higher vocational education In health facilities, approved by the Order of the Ministry of Health 15.10.1999. No. 377, were not provided. She isi do not agree with the decision of the Commission in this part on the following grounds: withthe peak of professions and posts of health workers No. 464 from 0b.09.1991 is providedmiddle Medical Personnel Regardless of Name and Posttherapeutic and preventive and sanitary and epidemiological institutions of all form of property.
Thus, the main condition is the assignment of posts for medium medical personnel. Nomenclature of posts of medical and pharmaceutical personnel and specialists with higher professional education in health facilities approved by the order of the Ministry of Health 10/15/1999. No. 377 was recorded by the posts of laboratory assistant and paramedics. It believes that her guilt is that the name of posts is incorrect to the order of employment and in the employment record. The post "Chemist - Laboratoryandean" and the post "Feldsher - Laboratory - bacteriologist" indicates a specific place for its work, namely, work by a chemist - a laboratory assistant in a chemical laboratory,
Workflower-kept bacteriologist in the bacteriological laboratory. In addition, it is not obliged to be responsible for
Inappropriate registration of work documents
administration center of state sanitary and epidemiological surveillance. In addition, rules No. 516 of 11.07.2002, No. 781 of 10/29/2002, it is not envisaged to include in a special period of periods of staying in advanced training courses, but in the disputed periods it was listed in the state of MUZ "F. The Central District Hospital "for the posts of Feldsher - Laberante, she retained the average wage, was deducted from wages to the Pension Fund of the Russian Federation.With the decision of the Commission, it disagrees, asks the specified periods to include in preferential experience And to designate her an early labor pension in old age.
At the hearing, the plaintiff insists on its requirements, confirmed the circumstances set out in the statement.
Representative of the defendant - Specialist (legal adviser) UPFRF in Falensky Rasseyekaravayev V.V. Requirements did not recognize Court explained that in accordance with paragraph 2 of Article.27 lists of relevant work, professions, posts, specialties and institutions (organizations), with which the labor pension of old-age is appointed in accordance with paragraph 1 of this article, the rules for the calculation of periods of work (activities) and the appointment of the specified Pensions, if necessary, be approved by the Government of the Russian Federation. The list of institutions and posts is exhaustive, it is applied literally and the extended interpretation is not subject to. Period of work Maximova N.Yu. From 06.06.1989 to September 12, 1989 - as a chemical-laboratory manner in F. district sanitary and epidemiological station, from August 22, 1994. on 07/31/1996 - Phaldscher-laboratory assistant-bacteriologist in F. District Center for State Sanitary and Epidemiological Supervision, is not subject to inclusion in a special experience, since the list of 06.09.1991 No. 464 is recorded Middle Medical Personnel regardless of the name and positions of medical and preventive institutions of all forms Property. The posts of a chemical-laboratory assistant, the Feldshera-laboratory assistant-bacteriologist are not provided for by the nomenclature of posts of medical and pharmaceutical personnel and specialists with higher professional education in health facilities, approved by the order of the Ministry of Health 10.10.1999. No. 377. Documents confirming the assignment of these posts for medium medical personnel The pension is not represented. In addition, it is not subject to inclusion in a special experience, periods of training time plaintiff in advanced training courses: from 01.11.2004 to 05.11.2004, from 09.11.2004 to 03.12.2004, from 09.11.2009 . On 04.12.2009, as the rules No. 516 of July 11, 2002, No. 781 of October 29, 2002, no inclusion in the special experience of these periods is not provided.
Having heard the explanations of the parties, having studied the written materials of the case, the court finds a claim to be satisfied on the following grounds:
In accordance with Art. 39 Constitution of the Russian Federation to each is guaranteed social security by age, in case of illness, disability and in other cases established by law.
In accordance with P \\ p 20 p. 1 Art. 27 of the Law "On Labor Pensions in the Russian Federation" No. 173-FZ dated December 17, 2001. Old-age labor pension is appointed earlier than reaching the age established by Art. 7 of the Law in connection with therapeutic and other activities on the protection of public health in health facilities at least 25 years in rural areas and township settlements and at least 30 years in cities, rural areas and urban-type settlements or only in cities, regardless of their age .
From the decision to refuse to establish a pension of 00.10.2010, the management of the PF of the Russian Federation in the Falensky district it follows that Maximova N.Yu. denied competition in a special employment experience, giving the right to the appointment of early labor pension for older periods of its work:from 06/06/1989 - 09/12/1989 as a chemist - a laboratory assistant in F. SanEpidemstancy; from 08.22.1994. - 07/31/1996 as a parastrome-laboratory assistant-bacteriologist at the district center of state sanitary and epidemiological surveillance; From 01.11.2004. - 05.11.2004, from 09.11.2004 - 03.12.2004, from 09.11.2009. - 04.12.2009 - Periods of finding training courses. As the basis of refusal to let the special experience of the periods of the periods, it is indicated thatpublic from 09/06/1991 No. 464, medium medical staff is recorded independently of the name and positions of therapeutic and preventive institutions of all forms of ownership. The posts of a chemical-laboratory assistant, the Feldshera-laboratory assistant-bacteriologist are not provided for by the nomenclature of posts of medical and pharmaceutical personnel and specialists with higher professional education in health facilities, approved by the order of the Ministry of Health 10.10.1999. No. 377. Documents confirming the assignment of these posts for medium medical personnel The pension is not represented. In addition, Rules No. 516 of July 11, 2002, No. 781 of October 29, 2002, there is no inclusion of periods in the special experience in advanced training courses.The list of professions and posts of workers, therapeutic and other work of which on the protection and health of the population gives the right to a retirement for the length of service, approved by the Suspensionists of the RSFSR from September 6, 1991. No. 464, named-free medical personnel, regardless of the name of the medical and preventive and sanitary and epidemiological institutions of all forms of ownership.
From records for No. and the workbook No. Maximova N.Yu. It follows that the plaintiff was adopted from 06.06.1989 to F. SanEpidstation for the post of chemist laboratory assistant (order No. 00.00.1989), in which he worked on 09/12/1989, from August 22, 1994, he was transferred to the post of Feldscher - Laboratory bacteriologist of the district center of the state sanitary and epidemiological surveillance (Order No. 00.00.1994). At the same time, as follows, from records for the No. and the labor book No. Maximova N.Yu., the plaintiff was adopted in F. Sanitary and epidemiological station to the post of Feldshera-Laberaent (order number 00.00.2003) Since August 22, 1994, it was transferred to the position of paramedic laboratory laboratory laboratory (Order No. 00.00.2003). In addition, as follows from the clarifying reference number 00.00.2007, Maksimova N.Yu. Really worked in the post of Feldscher-Laberaent from 05/05/1989 to 09/17/1989 (Order No. from 00.00.1989) in F. Sanitary and Epidemiological Station (Re-order No. from 00.00.2003); From August 22, 1994 to July 22, 1996, by Feldsher-laboratory in F. Center of GosanaPidadzor (Order No. 00.00.1994). From the materials of the case it follows that at the specified periods of Maksimov N.Yu.The-formed therapeutic and other activities in the medical institution for the protection of public health, which the defendant is not disputed. Nomenclature of posts of medical and pharmaceutical personnel and specialists with higher professional education in health facilities approved by the order of the Ministry of Health 10/15/1999. No. 377 The posts of Laberaent and Feldsher - Laberante were recorded. Note B. labor book Maximova N.Yu. In the name of the post "Chemist-laboratory" and in the post "Feldsher-Laboratory Bacterilog" of the words "Chemist" and "bacteriologist"
The duty of the properification of documents confirming the development of a citizen in certainprofesses, positions and institutions (organizations, enterprises) lies at the employer. Inappropriate paperwork, the wrong name of the profession (positions) confirming the work experience of a citizen, violates the constitutional field of Maximova N.Yu. On social security and equality before the law, as the applicant's fault is notable and cannot serve as a basis for its rights.
Based on the established circumstances, the court believes that the above periods of operation Maximova N.Yu. From 06/06/1989 to September 12, 1989, as a chemical-laboratory assistant F. SanEpidstation, from 08.22.1994 to 07/31/1996, as a paramedics-laboratory-laboratory, bacteriologist in F. District Center for State Sanitary and Epidemiological Supervision is subject to inclusion in a special The experience giving the right to the appointment of early old-age labor pension. At the same time, these periods must be included in the experience in a preferential calculation of 1 year of work for 1 year and 3 months.
From the case file it follows that Maksimova N.Yu. In the period from 01.11.2004 to 05.11.2004, from 09.11.2004 to 03.12.2004, from 09.11.2009 to December 14, 2009, it was located on advanced training courses. According to Article 187 of the Labor Code of the Russian Federation in the direction of the employer of the employee, the place of work (position) and the average salary is preserved at the employer of the employee. In addition, for individual categories of workers, due to special regulations, advanced training is a prerequisite for the performance of work. Therefore, periods of finding training courses are periods of working with the preservation of average wages, with which the employer must deduct the insurance premiums to the Pension Fund of the Russian Federation. Qualifications and business trip for employee are the responsibility directly related to labor activities. Presented certificate Municipal Health Institutions "F. Central District Hospital" No. 00.11.2010it is confirmed that behind the paramedic laboratory assistant of the bacteriological laboratory Maximova N.Yu. During the periods of finding it in advanced training courses from 01.11.2004 to 05.11.2004, from 09.11.2004 to 03.12.2004, from 09.11.2009 to 04.12.2009, the workplace was maintained, the wages were charged and the payments in the pension Fund of the Russian Federation. From the above, it follows that periods of finding training courses are subject to inclusion in the experience, giving the right to early pension provision. Unpaired special experience Maximova N.Yu.Kak follows from the case file, is 22 years old 1 month 4 days. In the inclusion in this special experience of the disputed periods of work Maximova N.Yu., the special experience of the plaintiff was consistent with the moment more than 25 years, so Maximova N. YU. It has the right to the appointment of early labor pension in old age according to P.P. 20 p. 1 Art. 27Accon of the Russian Federation № 173-FZ dated December 17, 2001 "On labor pensions in the Russian Federation", which should be appointed to her from the moment of appeal, from 10/21/2010. Based on the studied aggregate of evidence, regulatory documents, the court comes to conclusively the presence of the requirements of Maximova N.Yu, Guided by Art. 194-198 Code of Civil Procedure of the Russian Federation,
I DECIDED:
The statement of Maximova Natalia Yuryevna satisfy, recognizing the right to the appointment of early old-age retirement pension. To oblige a state institution - the Office of the Pension Fund of the Russian Federation in the Falensky district to include in the experience, giving the right to the appointment of early labor pension for old age periods of Maximova N.Yu. : -
from 06/06/1989 to September 12, 1989 - as a chemical-laboratory assistant in F. district sanitary and epidemiological station;
From 08/22/1994 on 07/31/1996 - Feldshera-laboratory assistant bacteriologist in F. District Center for State Sanitary and Epidemiological Supervision
- from 01.11.2004 to 05.11.2004, from 09.11.2004 to December 3, 2004, from 09.11.2009 to December 14, 2009 - finding on advanced training courses.
To oblige a JFF of the Russian Federation in the Falensky district to appoint Maximova N.Yu. The early labor pension in old age from the moment of treatment, from 10/21/2010, on the basis of paragraph 20 of paragraph 1 of Art. 27Accon of the Russian Federation № 173-FZ dated December 17, 2001 "On labor pensions in the Russian Federation."
The decision may be appealed to the Kirov Regional Justice for 10 days from the date of the decision in final form - from 12/22/2010.
Presiding: L.V. Good
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 Kuktseva 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 pension appointment .
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 work experience of the plaintiff, giving the right to appoint early pensionis 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, be approved by the Government of the 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 The way to protect against the risk of the loss of professional working capacity was previously achieving the secreated retirement age. Therefore, the right to the early appointment of an old-age labor pension is binding not to any work, but only with this, in which the body of the employee is subject to adverse effects of various factors caused by the specifics and nature of professional activities.
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 the periods of the work of 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, the representative of the 3rd person Avt-Ural LLC explained that the company is working on paperwork to confirm the preferential experience in several specialties, including the specialty laboratory for 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 confirmation order labor 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, labor experience is established on the basis of documents issued from the place of work, service, study or other activities counted in the work experience or supervisory organizations, as well as archival institutions . These documents include the workbook, and in its absence, as well as in cases where the workbook contains incorrect and inaccurate records or does not contain records of certain periods of work, certificates are made to confirm the employment experience, extracts from orders, facial accounts and Vedomosti for the issuance of wages, certificates, characteristics, written labor contracts and agreements with marks on their performance, labor, air records, membership records of members of cooperative artels and cooperative artels of persons with disabilities and other documents containing information about work periods.
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 heavy 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 diminish pension rights 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
Judge: Rybkin M.I. Case number 33-5087 / 2017
Appeal definition
The judicial board on civil cases of the Moscow Regional Court as part of:
presiding Beklova Z.V.,
judges Likhacheva I.A., Mariuza O.G.,
with the secretary of Krochina I.N.,
having examined in open court on February 20, 2017 the appeal complaint Doruseva T. A. On the decision of the railway city court of the Moscow region of October 13, 2016 on the case under the claim Dorryevyeva T. A. KU - Main Department of the Pension Fund of Russia No. 7 in G. Moscow and the Moscow region on the recognition of illegal decisions, laying the obligation to include periods of work in a special experience, laying the obligation to appoint an old age retirement, pay a pension and indexation,
having heard the report of Judge Mariuza O.G.,
explanations of Dorryneva T.A. .
Installed:
Doruseva TA appealed to the court with a present claim to the GU-Main Department of the Pension Fund of Russia No. 7 in Moscow and the Moscow Region, pointing out that on March 24, 2016 he turned to the defendant with a statement about the early appointment of the insurance pension on the list No. 1, which she was denied . From the experience, which gives the right to the appointment of early pension, the defendant excluded periods of work in the FGBU of the GSC FMBC them A.I. Burnazhan FMBA of Russia as a laboratory engineer<данные изъяты> Laboratory<данные изъяты> from 06.06.2011 on 06/15/2011 - 00 years 00 months 10 days, from 06/25/2011 to 01/31/2014 - 02 years 07 months. 07 days, indicating that the nature of the work in these periods is not documented and does not correspond to the list No. 1 section VIII, subsection 1080A010 - work with special chemicals.
The plaintiff asks to recognize the decision of the Commission of June 16, 2016.<данные изъяты> illegal, to impose a duty to the defendant to count in the experience, giving the right to the early appointment of the Insurance Pensions of the Old Time of these periods, and appoint an old-age retirement from April 10, 2016.
The plaintiff Doruseva T.A. At the hearing came, the claim was supported.
Representative of the defendant GU-Main Department of the Pension Fund of Russia No. 7 in Moscow and the Moscow region at the court session appeared, the lawsuit did not recognize.
By the decision of the Railway City Court of the Moscow Region of October 13, 2016, the claims are left without satisfaction.
Disagreeing with the court decision, Doruseva TA. The appeal asks for the cancellation of the court decision, referring to its illegality and unreasonableness.
After checking the legality of the decision taken by the court within the arguments set out in the appeal (Part 1 of Article 327.1 of the Code of Civil Procedure of the Russian Federation), the judicial board finds the decision to be canceled due to the incorrect definition of the circumstances of the circumstances of the circumstances for the case, the incorrect application of substantive law.
From the case file it follows that on March 24, 2016, the plaintiff appealed to the defendant with a statement about the early appointment of the insurance pension on the list No. 1 in accordance with paragraph 1 of Part 1 of Article 30 of the Federal Law "On Insurance Pensions".
From the decision of the Commission Gu-Ufr No. 7 in Moscow and the Moscow region<данные изъяты> From 06/16/2016, it follows that a period of operation of 05 years of 11 months has been included in the preferential experience. 06 days. From the experience of the plaintiff, which gives the right to the appointment of early old-age pensions, the periods of work in the FGBU "GNTS FMBC them A.I. Burnazhan FMBA of Russia "in the position of engineer from June 6, 2011 to June 15, 2011 - 00 years 00 months 10 days, from June 25, 2011 to January 31, 2014 - 02 years 07 months 07 days, Total: 02 years 07 months 17 days, as the nature of the plaintiff's work on work with special chemicals (List No. 1 Section VIII subsection 1080A010) was not documented.
The court of first instance, resolving the dispute, recognized the right decision of the State Commission of the State University of PM-UFR No. 7 in Moscow and Moscow region<данные изъяты> dated June 16, 2016, indicating that the plaintiff worked as an engineer of laboratories of the scientific institution of the Federal State Unitary Enterprise "SSC FMBC them A.I. Burnazhan FMBA of Russia ", which is not directly involved in chemical production, not an employee of the research unit or landfill enterprise, organization or institution of chemical production. The plaintiff did not participate in the chemical production of toxic chemicals and their precursors. The court indicated that there are no evidence in the case file that the plaintiff was busy full-time with toxic chemicals and their precursors specified in Section VIII, subsection I.
With such conclusions, the judicial board cannot agree, since they are based on incorrect identification of the actual circumstances of the case and improper application of the norms of material law.
According to paragraph 1 of Article 8 of the Federal Law "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.
By virtue of subparagraph 1 of paragraph 1 of Article 30 of the Federal Law "On Insurance Pensions" Men at the age of 50 years and women at the age of 45 years, if they worked, respectively, at least 10 years and 7 years 6 months on underground work, on work with harmful Working conditions and in hot shops and have insurance experience, respectively, at least 20 years and 15 years.
In the list of N 1 of industries, works, professions, posts and indicators on underground work, on work with especially harmful and especially difficult 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 January 26, 1991, N 10, in section 8 "Chemical production", under the code 1080A010, are named: Employees occupied in special production (including cleaning of tanks, tanks, sink, repair and processing of containers for special production and from under toxic substances) and In laboratories with chemical specialsmen.
According to PP. "B" 1 clarification of the Ministry of Labor of the Russian Federation dated October 23, 1992 N 2 "On the procedure for the application of lists of production, works, professions, posts and indicators giving the right to preferential pension provision approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 N 10 ", approved by the Decree of the Ministry of Labor of the Russian Federation dated October 23, 1992, N 26, on the list of N 1 of industries, works, professions, posts and indicators on underground work, on work with especially harmful and especially difficult working conditions, employment in which it gives retirement age (in old age) on preferential terms, pensions should be appointed: workers, managers and specialists, including employees of research units and landfills; directly busy full-time with toxic chemicals and their precursors, including those in the destruction of chemical weapons and protection against it, regardless of which enterprises, in organizations and institutions produced these works - as an employee engaged in special industries (including cleaning of tanks, containers, sink, repair and treatment of containers for special production and from under toxic substances) and in laboratories with chemical special externalism (Section VIII, subsection I).
Thus, due to the above clarifications of the Ministry of Labor of the Russian Federation dated October 23, 1992, N 2, employees, including specialists, directly occupied full-time full-time chemicals and their precursors enjoy the right to retirement on the list No. 1, regardless of whether What enterprises, in organizations and institutions are manufactured specified work.
According to paragraph 4, the procedure for confirmation of periods of work that gives the right to the early appointment of an old-age labor pension, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of 31.03.2011 N 258n in cases where data on the nature of the work and other factors (indicators) determining the right to early appointment An old-age labor pension established for certain types of work (activities), for example, employment on underground work, on the performance of work in a certain way, to work with harmful substances of certain hazard classes, on the performance of work in a certain place (locality) or a structural division, On the status of the settlement, on the implementation of the working time rate (pedagogical or training load), etc., certificates are taken to confirm periods of work, as well as other documents issued by employers or relevant state (municipal) bodies.
Help is issued on the basis of documents of the relevant period of time when work was carried out, from which it is possible to establish a period of work in a certain profession and position and (or) on specific work (in conditions), giving the right to early appointment of an old-age labor pension.
By virtue of the above, a legally significant circumstance for determining the right of Dorryevoy T.A. The early pension provision in this case is confirmed by admissible evidence the fact of its permanent employment full-time with toxic chemicals and their precursors.
From the case file it follows that Dorryneva T.A. The clarifying nature of the work of the certificate of the Federal State Unitary Enterprise of the SSC FMBCs A.I. Burnazhan FMBA of Russia "dated February 19, 2016<данные изъяты> .
From the reference it follows that Doruseva T.A. worked at the enterprise in the workshops and production provided for in the list number 1, approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991, from June 06, 2011 to January 31, 2014 according to the list No. 1, section VIII, subsection 1080A010 (work with special chemicals). In the divisions where the work was associated with the chemicals of Doruseva TA. Directly, regularly worked with the toxic components of rocket fuels (CRT) and their decay products (hydrazines and derivatives) relating to the 1st hazard class. It was engaged in the preparation of samples of various physical condition (soil, water, air, plants, etc.), taken directly in zones, the damage to the CRT, chromatographic analysis of samples, was prepared by gradual solutions from concentrated chemicals included in the CRT, is the author of 2- x Methods for measuring the mass fraction of 1,1-dimethylhydrozin (heptyl) in the samples of the production work area (ld.20 t.1).
In addition to this reference, which fully meets the requirements of clause 4 of the procedure for confirmation of periods of work that gives the right to the early appointment of an old-age labor pension, approved by the Order of the Ministry of Health of the Russian Federation of 31.03.2011 N 258n, the plaintiff presents other documents on the nature of the work. So, it presents the accounting of working time in particularly dangerous conditions of labor for 2011-2014, indicating which days of each month, what number of hours the plaintiff worked in harmful conditions (ld.<данные изъяты> ). There is also a magazine accounting magazine in the harmful conditions of Dorryneva T.A. From June 2011 to January 2014, where the work performed daily by it, including with the special expenditure of dimethylhydrazine (heptyl) (ld<данные изъяты> ). Doronev's work journal TA During this period, the performance of work with dimethylhydrazine (heptyl) is also confirmed (ld.<данные изъяты> ).
According to the provisions of Laboratories No. No.<данные изъяты> FGBU GSC FMBC them. A. I. Burnazhan FMBA of Russia, where the plaintiff worked, the main areas of their activities are to carry out fundamental and applied research in plane of toxicology, hygiene, indication when working with liquid and solid components of rocket fuels, products of their combustion and destruction; identifying the most dangerous technological operations when working with components of rocket fuels and other substances 1 and 2 of the class of toxicity and danger; Experimental studies on the study of toxicity and danger, to substantiate hygienic regulations (MPC, PD) toxic chemicals of special purpose; Development of highly sensitive and electoral methods for indicating components of rocket fuels and products of their transformation in production facilities, ambient and biosrials in hygienic studies at various stages of working with rocket fuels in regular and abnormal situations; implementation of the expert chemical and analytical assessment of the content of chemicals in various environments; deciphering the composition of the emission of combustion products and other compositions formed during the operation and disposal of liquid and solid components of rocket fuel; conducting natural studies of the factors of the production environment, including the selection of samples of objects of the production environment for monitoring the content of toxic substances; Participation in the development of methods for indicating components of rocket fuels and products of their transformation in the objects of the production, environment in hygienic studies carried out in the department at various stages of working with rocket fuels components; Participation in conducting an expert chemical and analytical assessment of the content of chemicals in various environments.
Thus, the above-mentioned evidence undoubtedly confirmed that the above periods of the plaintiff in the FGBU of the GSC FMBC them. A. I. Burnazhan FMBA of Russia belongs to the work provided for by the Code 1080A010 of the list N 1, and therefore should be included in the experience, giving the right to the appointment of early old-age retirement pension.
Under such circumstances, the judicial board concludes the abolition of the decision of the Railway City Court of the Moscow Region dated October 13, 2016 with the adoption of a new decision to satisfy the Claim Doruseva TA. Since, given the controversial periods, she had the right to appoint early pensions from April 10, 2016.
Guided by Article.328 Code of Civil Procedure of the Russian Federation, Judicial College
Determined:
The decision of the railway city court of the Moscow region dated October 13, 2016 to cancel.
Take a new decision on the case.
Recognize illegal decision of the Commission Gu-UPFR No. 7 in Moscow and the Moscow region<данные изъяты> dated June 16, 2016 on the refusal to include in a special experience, giving the right to Dorryeva T. A. on the early appointment of an old-age insurance pension in accordance with paragraph 1 of Part 1 of Art. 30 ФЗ "On insurance pensions" periods of work in the Federal State Unitary Enterprise "SSC FMBC M.I. Burnazhan FMBA Russia" in the position of engineer: from 06.06.2011g. on 06/15/2011 - 00 years 00 months 10 days, from 06/25/2011 to 01/31/2014 - 02 years 07 months. 07 days.
To oblige G-UPFR No. 7 in Moscow and the Moscow region to include in a special experience, giving the right to Dorryevoy T. A. for early appointment of an old-age insurance pension in accordance with paragraph 1 of Part 1 of Art. 30 FZ "On Insurance Pensions" Periods of Work in the Federal State Unitary Enterprise "SSC FMBC M.I. Burnazhan FMBA of Russia" in the position of engineer: from 06/06/2011. on 06/15/2011 - 00 years 00 months 10 days, from 06/25/2011 to 01/31/2014 - 02 years 07 months. 07 days.
To oblige Gu-UPFR No. 7 in Moscow and the Moscow region to appoint Durryeva T. A. An early insurance pension in old age in accordance with paragraph 1 of Part 1 of Art. 30 FZ "On Insurance Pensions", taking into account these periods from April 10, 2016.
The appeal of the Dorrynev T. A. Satisfy.
Presidency
23.09.2016
In accordance with Article 30 of the Federal Law of 12/28/2013 N 400-FZ (ed. Dated December 29, 2015) "On Insurance Pensions", the insurance pension of old age is appointed earlier than reaching the age established by Article 8 of this Federal Law, in the presence of an individual retirement The ratio of at least 30 persons who carried out therapeutic and other activities to protect public health in health facilities at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, countryside and urban villages or only in cities, Regardless of their age.
According to subparagraph 7, paragraph 1 of the Decree of the Government of the Russian Federation of July 16, 2014, N 665, with the early appointment of an insurance pension for old-age persons who carried out therapeutic and other health care activities in health facilities apply: a list of posts and institutions, the work in which is counted in Work experience that gives the right to the early appointment of a labor 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 Government Decree Of the Russian Federation of October 29, 2002 N 781 "On lists of works, professions, posts, specialties and institutions, taking into account the old-age labor pension ahead of time in accordance with Article 27 of the Federal Law" On Labor Pensions in the Russian Federation ", and Approval of the rules forms Periods of work that gives the right to the early appointment of an old-age labor pension in accordance with Article 27 of the Federal Law "On Labor Pensions in the Russian Federation".
In the list of posts and institutions, work in which it is counted in the work experience that gives the right to the early appointment of an old-age labor pension to persons who carried out therapeutic and other activities to protect public health in health facilities, in accordance with sub-clause 20 of paragraph 1 of Article 27 of the Federal Law " About labor pensions in the Russian Federation "(approved. Decree of the Government of the Russian Federation of October 29, 2002 N 781) The position of a biologist is not mentioned.
However, the need to obtain early labor pensions can be proved in court. This confirms the decision of the Michurin city court of the Tambov region of May 12, 2016 in civil case No. 2-1125 / 2016. According to the decision in case 2-1125 / 2016 ~ M-886/2016, within the meaning of the provisions enshrined in Art. 27 of the Federal Law "On Labor Pensions in the Russian Federation" the right to receive a retirement pension The legislator binds to such work, under the execution of which the employee was subjected to adverse effects of various factors caused by the specifics and nature of labor. In the event that it is proved that the functional responsibilities, the working conditions of a specialist doctor (for example, a laboratory doctor) and the KDL biologist coincide, and also that they perform the same work and the same studies, the court can endure The decision on the inclusion of the period of work as a "biologist" in a special experience. But the imposition of such a decision remains at the discretion of the court.
Thus, the right to obtain early labor pensions in old-age biologist is possible to prove in court.
