What is experience?
The concept of “work experience” was previously used exclusively in the context of the number of years of work of a citizen. This also included some other periods (for example, parental leave).
Also in Russia there is an insurance period - the period for which insurance premiums were paid for an employee (by the employer or by himself, in the case of entrepreneurial activity).
Separately, it is necessary to highlight preferential special experience, which should be understood as work in difficult, harmful and special conditions, for which the right to early retirement is provided.
The influence of military service on work experience
The term “work experience” (TS) is used to indicate the length of work of individual citizens.
It includes not only the time when a citizen was actually at work, but also periods when he was forced to leave his workplace for certain reasons. For example, due to military service. The concept of “work experience” was applied in Law No. 173-FZ. Before the changes in 2002, the pension (the fact of its provision and the amount) depended precisely on this indicator. Subsequently, the size of pension payments began to be determined by the insurance period (SS) - the period during which a person was insured in accordance with the established pension insurance regime.
Article 11 of the same legislative act indicates that service time is included specifically in the SS.
The time of military service will be taken into account in the length of service, as established by Law No. 173-FZ of December 17, 2001. Also, according to the provisions of Federal Law No. 400-FZ, it will affect the size of the CC.
In what cases is military service included in the total length of service?
Until 2002, the main criterion determining the size of the pension was the total number of years worked. Now it does not have such practical significance as before, but is still used to calculate individual social payments. So does the period of being in the army coincide with the total time of work?
The Russian Federation provides for two forms of recruiting the Armed Forces:
- • mandatory conscription of citizens liable for military service;
- • conclusion of a contract.
For conscripted military personnel, the time spent in the army is fully counted.
Contract military personnel should include officers, as well as privates and non-commissioned officers from the persons who signed the relevant document. With a certain length of service, they have the right to count on a special military pension, and therefore the total length of service is not of fundamental importance for them. However, in case of insufficient length of service, they have the right to rely either on an old-age insurance pension, for the calculation of which they must have a minimum working period of 10 years in 2021.
Important! From 2021, citizens of pre-retirement age have the opportunity to retire early if they have worked for many years (37 years for women and 42 for men).
There are also a number of structures in which service is equivalent to army service:
• Troops of the Russian Guard;
• FSIN;
• Ministry of Internal Affairs;
• FSB;
• Ministry of Emergency Situations.
Army experience
Currently, insurance experience is credited to a person who, while working in the Russian Federation, paid insurance premiums. If there have been no contributions to the Social Insurance Fund and the Pension Fund of the Russian Federation, even with officially registered work (including as an individual entrepreneur), then the person does not have the right to calculate length of service.
Any person, not just a military man, must personally control whether the employer pays the required interest to the Pension Fund and the Social Insurance Fund. It often happens that if the agreement is drawn up, there are no such deductions, so the employee will not have anything accumulated in his account and, in fact, there will be nothing to pay the pension with ( Article 11-12 of the Federal Law No. 400 ).
The principle of calculating the length of service of those who served in the army
As a general rule, service in the Armed Forces and structures equivalent to them is counted on the basis that 1 day of being there is equivalent to 1 day of work. In other words, it is taken into account depending on its duration in calendar days. However, there are exceptions. Thus, for conscripted military personnel, 1 day in the army or navy is equivalent to 2 days.
Example 1
The contract soldier served for less than 3 years, after which he left the army, subsequently working in civilian positions. Thus, he did not earn the right to a military pension, and the entire period of his stay in the army is equated to ordinary work. Accordingly, during the period he was in the army, he accumulated 3 years of work experience.
Example 2
A conscript soldier served the statutory period of 1 year and after demobilization worked in civilian life. Taking into account the increasing coefficient, the period of work experience accumulated during service is 2 years.
When applying for a pension, PFR specialists may request documents confirming that the citizen is in the army. These include:
- • military ID;
- • work book with a record of its owner’s service in the military;
- • certificate from the military commissariat;
- • certificates from military units and other places of service.
Necessary documents for including military years in the length of service
To confirm the fact of being in the army for a certain period and accruing the corresponding length of service, a citizen of the Russian Federation will need to provide:
- Military ID. Read more about how to get a military ID here.
- Certificates issued by a military medical institution.
Experience is awarded not only for service, but also for time spent in military educational institutions.
In this case, the pension applicant can provide a diploma indicating that such a fact actually occurred. Read more about whether studying at universities is included in your work experience here. A citizen returning from the army must bring a certificate of demobilization to the personnel department of the organization in which he previously worked. Based on this paper, a record is made in his work book about how long the person spent in military service.
The following is a record indicating the fact that the employee has returned to perform his duties or indicating his dismissal.
If previously (before the army) a man did not work, then he must get a job and present the new employer with a clean work record book and one of the documents confirming the fact of military service.
Insurance part: calculation features
The insurance period is more important, determining both the right to retire and its size.
For conscripted military personnel, being in the army is included in the insurance period only if, before this time or immediately after it, he had an official job (or was engaged in entrepreneurial activity) and contributions were made to the Pension Fund for him.
Important! The duration and nature of the work activity in this case does not matter at all; it is only important that it coincides in time with the period of being in the army.
If this condition is met, for each year that a citizen serves in the military, he is awarded 1.8 pension points.
For contract soldiers (including officers) who cannot qualify for a long-service pension, military service is included in the insurance period.
As for military pensioners who are going to apply for a second “civilian” pension, the time spent in the army, taken into account when calculating length of service, cannot be included in the insurance period.
General provisions for enrollment of work experience
A person undergoing military service, on the basis of Art. 2 of the Federal Law “On Military Duty...” can choose to serve under a contract or by conscription. Conscription for all Russian men over 18 years of age is mandatory, is not paid and is not considered from a work perspective. Contract workers choose service based on their own motivations, but this always involves concluding a contract, receiving a salary and a host of other privileges.
Important! There is an immutable rule for conscripts - if before serving in the army they did not make contributions to the Pension Fund of the Russian Federation, then the period of service will not be counted towards their length of service. In order for a man to have conscription service included in his total length of service, he must work before that time and pay contributions to the Pension Fund (FSS).
The work can be short-term, lasting a few months, but it must be official and with a “white” salary. An exception is made only for young people drafted into the Russian army, navy, border troops and serving in the internal troops.
According to the law of the Russian Federation No. 4468-1 , a person who has completed military service is considered:
- employees of the army and navy with the rank of officer;
- ensign, midshipman;
- contract soldier (sailors and soldiers).
All of them are entitled to a military pension, which is calculated not according to standard civil laws, but according to length of service. The length of service is taken into account for other categories of military conscripts, for whom the general principle of calculating pensions and calculating length of service applies.
The state has not forgotten about the wives of officers, who accompany their spouses to any point where they are based in their line of service. In garrisons, especially distant ones, the problem of employment is acute for women. Even with all the desire, there are not enough jobs for everyone and accrual of length of service by the time of retirement is minimal or non-existent.
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How military service affects the calculation of sick leave (SL) and the calculation of pensions
Not immediately, but at a certain point, the military becomes interested in the question of whether military service is included in the insurance period for sick leave. This provision is provided for by law. Since the person worked and made contributions to the Pension Fund.
Article on the topic: The concept of special insurance experience
In addition, the following periods are included in the insurance period:
- stay on sick leave;
- military leave to care for a child up to 18 months;
- caring for disabled or elderly people over 80 years of age;
- temporary unemployment of one of the family members when transferred to a remote area or to another state;
- stay in places of deprivation of liberty with subsequent rehabilitation;
- protection of a diplomatic mission by the husband when the wife was deprived of the opportunity to work;
- studying at an academy or taking advanced training courses.
The insurance period for sick leave includes the labor activity in which the citizen was engaged, provided that the interval between types of activity did not exceed 12 months. In this case, the average salary for the last 2 years and a reduction factor determined by length of service in calendar terms are taken into account. So, for up to 5 years of service, 60% of the amount is paid, up to 8 years - 80%, then - in full.
Example:
Citizen A spent 9 days on sick leave. At the same time, over the last 24 months he was paid 1,200,000 rubles, which is 1,643 rubles per day and 14,794 rubles for the period of incapacity. Considering that A served for 7 years, then K 0.8 is applied, and the entire payment will be 11,855 rubles.
Note! A certificate of incapacity for work is subject to tax collection. As a result, citizen A will receive compensation in the amount of 10,296 rubles.
Length of service and percentage of payments
According to the law, there is a regulation that the amount of temporary disability benefits directly depends on how long the insurance period is - the longer the work activity continues, the higher the accrued benefit will be.
Such social payments are a certain percentage, which will be determined by length of service depending on the average salary of the worker.
- If the experience is less than six months, then the amount will be no less than the minimum wage.
- If the length of service is less than five years, the benefit amount will be 60%.
- From five to eight years – 80%.
- And more than eight years – 100%.
The calculator below will help you calculate sick leave payments depending on your length of service. It only takes into account the total years you have worked.
Go to calculations
Payments depend on the number of years of experience
Legislative documents and acts
The rules by which calculations and payments are made due to sick leave are prescribed in Federal Law 255.
It states that quantitative payments under the BL depend on how long the employee’s insurance period was.
In Article 16 of this legislative act, the time spent on military service must be taken into account in the insurance period so that the employee can receive his sick leave benefits.
Article 16 of Federal Law No. 255
The same applies to those who served in fire organizations, criminal enforcement agencies and drug control.
Accounting for service in military units at a certain time is prescribed in the regulatory act 76-FZ.
It describes that the length of service, which was not interrupted and was activated until January 1, 2007, took into account military service, but one day of service was counted as two in the length of service, despite the fact that no more than one year had passed from demobilization to the start of work. Also, now one day of service is counted as two when serving under conscription.
Important ! But if an employee served in the Armed Forces under a contract, then the service is considered 1 day for 1 day (only full years and months are taken into account).
Excerpt from Article 10 of Federal Law No. 76
How to confirm your service
Russians often find themselves in a situation where they need to officially confirm that at a specific period in their lives they served in the army. If a citizen finds a job immediately after serving, then when applying for a job, the personnel officer should be notified of this circumstance.
This is important to know: Dismissal from service in the police department
It is important that the personnel officer, before making an appointment for a job, enters information that the citizen was in military service in the Republic of Armenia for a certain period.
To make a record of service, you must provide the personnel officer with your military ID. If pension employees require confirmation in the ranks of the army, then for this you need to provide them with a military ID, a certificate from the military registration and enlistment office, labor and other documentation from the military unit.
Also, the total length of service includes time spent studying at institutions of the Ministry of Defense. This fact is confirmed by the diploma.
What documents need to be prepared to confirm military service and study?
Payments are calculated on the basis of documents received from official institutions. Reference material is issued on a general basis upon application from citizens.
To confirm the time spent in law enforcement agencies, the following documents are required:
- military ID with the numbers of orders for enrollment in the unit lists and transfer to the reserve;
- an extract from the personal file submitted to the military registration and enlistment office for registration of a dismissed military man;
- a certificate prepared by the personnel department of the military unit;
- paper from the archive;
- work book with records of organizations and positions in which the citizen worked;
- resolution of the military medical commission regarding injury or injury during the performance of official duties.
Article on the topic: Studying at a university or vocational school - is it included in the insurance period?
Note! When calculating the amount of a pension or benefit, the position and occupation of a person does not matter if this does not fall under the provisions of the cadastre of professions that imply benefits.
