Reduction of a woman at 53 years old. Early retirement for unemployed citizens

Good afternoon!

Early retirement for the unemployed is issued by the Pension Fund of the Russian Federation at the suggestion of the employment service and with the consent of the citizen no earlier than two years before the right to an old-age labor pension, including on preferential terms.

Article 32. Conditions for extending the payment of unemployment benefits and early retirement

1. Citizens who have not reached the age of 60 for men and 55 for women and have an insurance record of at least 25 and 20 years for men and women, respectively, as well as the necessary length of service in the relevant types of work, giving them the right to early appointment of a labor pension for old age, provided for in Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", the duration of the period of payment of unemployment benefits increases in excess of the established 12 months by two weeks for each year of work exceeding the insurance period of the specified duration. At the same time, periods of work and other activities are included in the length of service, and other periods established in Articles 10 and 11 of the said Federal Law are counted. The procedure for extending the terms of payment of unemployment benefits is established by the federal executive body authorized by the Government of the Russian Federation.

The total period of payment of unemployment benefits cannot exceed 24 months in a cumulative period of 36 months.

2. At the suggestion of the employment service authorities, in the absence of employment opportunities for unemployed citizens from among the persons specified in paragraph 1 of this article, dismissed in connection with the liquidation of the organization or the termination of activity by an individual entrepreneur, a reduction in the number or staff of employees of an organization, an individual entrepreneur, with their consent a pension may be granted for the period up to the age giving the right to an old-age labor pension, including an early old-age labor pension, but not earlier than two years before the corresponding age. The amount of this pension is determined according to the norms of the insurance part of the old-age labor pension, established by the Federal Law "On labor pensions in the Russian Federation". In this case, paragraphs 21 - 25 of Article 14 of the said Federal Law shall not apply.

Upon reaching the age that gives the right to establish an old-age labor pension, including an early fixed old-age labor pension, the recipient of the pension granted in accordance with this clause is entitled to transfer to an old-age labor pension (part of an old-age labor pension) in accordance with with paragraph 7 of Article 19 of the said Federal Law.

In addition to the pension granted in accordance with this clause, a seniority pension may be established in accordance with Article 7 of the Federal Law "On State Pension Provision in the Russian Federation".

The refusal of the employment service to provide an unemployed citizen for early retirement (subject to the above conditions) can be appealed to a higher organization - the Ministry of Labor and Employment of your region or in a court at the place of residence.

Retrenchment, 53 years old in August, tell me which is better: early retirement or redundancy?

Answer

Hello Olga.

One does not exclude the other.

When reducing the number or staff of the organization, you must be fired under paragraph 2 of Article 81 of the Labor Code of the Russian Federation. At the same time, in any case, you are entitled to a severance pay in the amount of the average monthly earnings, as well as the preservation of the average monthly earnings for the period of employment up to two months, including the severance pay. The reduction is reported two months before the dismissal, if the employment contract with you is terminated before the expiration of this period, then you are also entitled to compensation in the amount of the average earnings for the period of time that remains until the end of the warning period. I clarify that these payments are mandatory.

As for early retirement, it is paid when a woman reaches 53 years of age, as well as if she has at least 20 years of work experience, and the reason for your dismissal should be the liquidation of the organization, or the reduction in the number or staff of employees, just paragraph 1 or 2 of Article 81 of the Labor RF code. Without this, you will not be eligible for early retirement.

Since you will turn 53 after the reduction, and, therefore, you will not be able to apply for an early retirement pension, then in accordance with Article 32 of the Law of the Russian Federation of 04/19/1991 N 1032-1 (as amended on 07/02/2013) "On employment in Russian Federation” (as amended and supplemented, effective from 09/01/2013), as a person under the age of 55 and having an insurance record of at least 20 years, the period of payment of unemployment benefits is increased in excess of the established 12 months. For each year of service over 20 years, the benefit period is increased by two weeks. If you are entitled to an early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", then the conditions for granting an early pension before the age that gives the right to an old-age labor pension will be different.

The employer has the right to reduce the staff of the employee, including in relation to persons of pre-retirement age. Reduced citizens, who have almost reached the retirement age, have little chance of finding a job again. In this regard, for these categories, the possibility of early retirement is provided.

First of all, when dismissing workers for redundancy, the employer must be guided by clause 2, part 1, article 81 of the Labor Code of the Russian Federation. The Code provides for a number of categories of citizens for whom the preferential right to remain at work is in effect. Persons who have almost reached retirement age do not belong to these categories. In this regard, the employer has the right to dismiss women aged 53 to 55, men aged 58 to 60 with impunity.

If a woman has reached the age of 55, and men have reached the age of 60, then you don’t have to worry about the reduction, since the indicated number of years lived allows you to apply for a pension. What should a person do if the above figures have not yet been reached, if there is one or two years left before retirement?

At what age can you retire with a reduction

The possibility of early retirement appears for reduced women and men, if the age of the woman is not younger than 53 years, and the man is 58 years old.

The decision on early retirement is made on the basis of the recommendations of the employment center, which must confirm that a particular person really cannot find a job due to the lack of suitable vacancies.

That is, in order for a man or woman not to wait for reaching retirement age and not to be without money, after a reduction in work, it is necessary to register with an employment center in the first 2 weeks. For the first month after the reduction, the employee will be paid a severance pay for one month, if there is no employment in 2 months, an allowance is paid for another month. If there is no work in the third month, then the third average salary is paid by the former employer.

An old-age pension is assigned if a citizen who has been reduced at work has sufficient work experience.

In some cases, in the presence of relevant industry agreements, early registration of a pension certificate at the expense of the NPF is possible.

Also, for persons of pre-retirement age, dismissed due to staff reduction, the period of payment of unemployment benefits for the period of job search has been increased up to 24 months.

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Reduction of staff for employees of any age, in different years is an unpleasant phenomenon.

For the elderly, this is also a great psychological trauma.

To minimize the consequences of this situation, the Government of the Russian Federation approved Law No. 1032-1 of April 19, 1991 (Article 32, paragraph 2), which regulates the receipt of early old-age pension.

Receipt

For data processing government payments several conditions are required:

Consider the conditions affecting the receipt of this type of collateral.

To recognize a person as unemployed necessary:

• have an entry in the work book about dismissal due to staff reduction;
• be registered with the regional department of employment of the population in order to search for and obtain the necessary vacancy;
• do not refuse more than 2 times from the proposed work.

Based on the current legislation, for an individual who has been dismissed for this reason, average earnings are maintained for two months received at the enterprise (organization).

It is paid by the previous employer.

After this period, subject to registration with the employment department, he is paid a special allowance.

Its amount is: in the initial 3 months - 75% of the average monthly wage, in the next 4 - 60%, in the remaining 5 - 45%.

The following year, benefits cannot be lower or higher than the limits set by the Russian government.

Depending on the economic situation of the country, these criteria are periodically reviewed.

Payments are made from the pension fund, replenished at the expense of budget allocations.

Insurance experience

This concept means the total period of work or other activities during which contributions were made to the Pension Fund of the Russian Federation.

Other activities - time:

• military service;
• stationary studies in secondary and higher educational institutions;
• being on sick leave for health reasons, caring for a child or a disabled family member, etc. ( Art. 11 Law of the Russian Federation No. 173-FZ of December 17, 2001).

If this length of service is more than the level established for registration of early state security, for each year of excess it is allowed to receive 2 weeks of benefits.

The total payment period is limited to two years.

Basis for clearance

Lack of employment opportunities for a citizen of the Russian Federation, who has reached the pre-retirement age and was dismissed due to a reduction in staff - is the basis for the district department of the employment department to offer him early state security.

Upon receipt of consent, the specified service issues a written recommendation for processing pension payments ahead of schedule.

Having this document, the future pensioner has the right to apply to the regional department of social security.

Required documents

1. Referral (recommendation) issued to the unemployed by the Department of Employment.
2. Statement.
3. Passport of a citizen of the Russian Federation. For stateless persons - a residence permit.
4. Employment history.
5. Military ID.
6. Certificate of pension insurance.
7. Officially certified documents confirming the amount and period of contributions to the Pension Fund.
8. Help with signatures accountant and director, certified by the seal of the enterprise (organization), on the average salary received in any period, consisting of five consecutive years of work - until the beginning of 2002. The average salary on the basis of personal accounting for 2000-2001 can be taken into account.

In some cases additional documents may be required:

1. On changing personal data (last name, first name, patronymic).
2. About the presence in the family of disabled people under the age of 18 (certificates of their birth).
3. Certificate from educational institutions about their full-time education.
4. On the presence of dependents (certificate from the housing and communal services or local authorities, if necessary - a court decision).

Terms and possibility of cancellation

From the period of the beginning of state support, a person is removed from the register for unemployment, and also stops receiving special benefits.

Grounds for termination Early retirement pension payments can be:

• apparatus employed;
• the age officially provided for receiving pensions (Article 19, clause 7 of the Law of the Russian Federation “On labor pensions);
• opening your own business.

The pensioner is obliged to independently notify the regional department of the PFR about all changes.

Size calculation

The calculation method is similar to determining the amount of an old-age labor pension.

Its value depends on A: payments to the Pension Fund and the average wage.

This type of state security, like all others, is subject to recalculations and indexation, provided for by government decisions.

In parallel with its receipt, a person is entitled to a seniority pension ( Article 7 of the Law “On state. pension provision in the Russian Federation).

The pensioner has the right to independently choose the method of receiving a pension and report this to the district department of the Pension Fund.

This could be getting:

1. Independently - in the post office.
2. Through delivery by the postman to the house.
3. Transfer to a bank account or plastic card.
4. Through a trustee (power of attorney certified by a notary).

In what cases can they refuse?

Grounds for refusal can be:

• rejection (2 times) of vacancies offered by employees of the employment service;
• dismissal from work for other reasons;
• inaccurate or incorrectly completed documents;
• temporary suspension or change in the amount of benefits paid to the unemployed.

In the latter case a person has the right to apply for early pension payments only after a month has passed after the suspension of benefits.

Reduction at work in old age is not a reason for worries and psychological stress. Of course, this is unpleasant and insulting for any person. But leaving for a well-deserved rest two years ahead of schedule is additional time for raising grandchildren, doing what you love, putting the dacha in order, and other useful things.

And for the more restless - the opportunity to open your own business, in which you can attract relatives and friends.

Life is wonderful, and the appointment and early registration of a pension in the event of a reduction is not the end of it.

Recently, there has been such a trend that many industries are deciding to reduce their staff.

If they don't, they may simply go bankrupt.

The only thing to keep in mind is that if the "pre-schedule" got a job at an official place of work, he loses his status as a pensioner.

Calculation rules

In fact, citizens who are entitled to an early retirement pension due to downsizing are practically unable to determine the amount of their pension on their own. It is calculated on a purely individual basis.

If we talk about the calculation procedure, then it is as follows:

• the fixed amount of payments for all categories of citizens is initially multiplied by an individual coefficient, which is determined by the amount of cash savings transferred to the funded part of the seniority pension;
• after that, it will be necessary to multiply by the value of the coefficient received in the year of direct care and multiply by the amount of bonuses that could be paid on dismissal later than the due date.

As you can see, the calculation procedure itself is very vague and it is possible to determine the size, but the probability that it will be correct (there will be no mathematical errors) is small.

When is it possible to refuse

Despite the fact that early retirement due to staff reduction exists, in parallel with this, it is possible to be denied a pension.

Main reasons for which they can refuse to receive pensions, it is considered to be:

• the applicant, being registered at the employment center due to staff reduction, several times rejected the vacancies offered by the employees of the employment center, which suit him in his specialty;
• dismissal from the last job was not due to staff reduction, but for some other reason;
• the required documents were not provided in full;
• temporary suspension or change in the amount of payments at the employment center.

If we talk about the last option of refusal, then here it means that a person has every reason to receive early retirement benefits only if the period after the suspension of payments is at least 1 calendar month.

It should be understood that dismissal from work close to old age is not a reason for psychological disorders and depression.

Remember: early retirement a few years before this official opportunity is just an opportunity to look at life with different eyes and exhale with relief that you don’t owe anyone, and start living and enjoying life.

Agree, after all, how many opportunities open up - and try yourself in business, and take care of raising your grandchildren, and go on a trip.

For early retirement when laying off staff or liquidating an enterprise, see the following video: