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Continuous teaching experience
Do I have the right to a preferential long-service pension if I have a continuous teaching experience of 25 years, but from 1992 to 2005 I was a teacher primary classes, from December 2005 to November 2013, head of a preschool educational institution, from November 2013 to the present, teacher at a preschool educational institution?
According to clause 19, part 1, article 30 of the Federal Law of December 28, 2013 N 400-FZ (as amended on October 3, 2018) “On Insurance Pensions” Insurance pension old age is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient in the amount of at least 30 to the following persons: persons, at least 25 years carried out pedagogical activity in institutions for children, regardless of their age, applying the provisions of part 1.1 of this article;
I currently have 23 years of continuous teaching experience. I also served in the Armed Forces from 1991 to 1993. Am I eligible for seniority singing? Thank you.
Good afternoon According to current legislation, namely federal law dated December 28, 2013 N 400-FZ “On insurance pensions”, Art. 30, paragraph 19, in relation to your case, the right to early appointment pensions are preserved for teaching staff who have minimum experience in the amount of 25 years, if there is a pension coefficient of at least 30. Thus, today you do not have such a right. I would also note that from January 1, 2019, the provisions of the new pension legislation come into force, according to which the deadlines for assigning insurance pensions are changed in accordance with the considered paragraph 19 of Article 30 of the Federal Law “on insurance pensions”. According to the changes, if as of December 31, 2018 you did not have 25 years of teaching experience, then the appointment will be made within the following terms: - if the right to a pension appeared in 2019, then the pension will be assigned no earlier than 12 months from the date the emergence of such a right; - if the right to a pension appeared in 2020, then the pension is assigned no earlier than 24 months from the date such a right arose; - if the right to a pension appeared in 2021, then the pension will be assigned no earlier than 36 months from the date such a right arose; - and if the right to a pension has appeared since 2022, then the pension will be assigned no earlier than 48 months from the date such a right arose. From 2023 and subsequent years, the appointment will be made no earlier than 60 months from the date the right to a pension arises.
Interested in teaching experience? Will teaching experience be considered continuous for the purpose of calculating a preferential pension when moving from one school to another if the break is about 20 days?
Not clear question. To determine the right to a preferential pension, continuity is not taken into account in any way; simply the duration of work in certain positions is taken into account.
Continuous teaching experience in 2018 is 30 years. I am the winner of the competition for the best teachers of 2015, I have a diploma from the Ministry of Education of the Republic of Buryatia and thank you letter from the mayor of the city. Do I have the right to receive the title "veteran of labor"?
No, you can’t, unfortunately, since a letter of gratitude and a diploma from the Ministry of Defense of the Republic of Buryatia are not state awards of the Republic of Buryatia. Besides, you don't have enough experience. LAW OF THE REPUBLIC OF BURYATIA dated October 13, 2011 N 2291-IV ON LABOR VETERANS OF THE REPUBLIC OF BURYATIA 1. The title “Labor Veteran of the Republic of Buryatia” is awarded by the Head of the Republic of Buryatia: 1) to citizens who have seniority at least 40 years for men and 35 years for women, and for citizens who have worked in the Far North and equivalent areas, with a work experience of at least 35 years for men and 30 years for women, awarded state awards of the Republic of Buryatia.
What legal documents confirm the continuous total work experience and teaching experience of wives of military personnel whose husbands have been transferred to a new place of military service.
Hello. Currently in pension legislation There is no concept of continuous work experience and it is not taken into account. There is simply insurance experience and work experience until 2002.
Has the law abolished pensions for teachers whose continuous teaching experience is 25 years?
Not cancelled, it didn’t exist before. Continuity of teaching experience is not required. Required - the presence of such a length of teaching experience in the end.
And the continuity of teaching experience is important for preferential retirement, not retirement.
When calculating the preferential length of service that gives the right to early retirement, its discontinuity does not matter (Resolution of the Government of the Russian Federation of July 11, 2002 No. 516).
Good day! Doesn't matter. Pension for teachers - in in this case it is necessary to understand that the right to early assignment of an old-age labor pension is not associated with any work in institutions for children, but only with that work, the implementation of which is associated with increased psychophysiological stress due to the specifics and nature of the work, affecting the loss of professional ability to work. The duration of such daily work also has a direct impact on work ability. Therefore, it is necessary to take into account the differences in the nature of the work of persons working in the same positions, but in different conditions, including those fulfilling the standard working time established for the rate wages, or working in relevant positions on a part-time basis. These differences characterizing work activity are an objectively significant circumstance that determines special rules for calculating special length of service (Decision of the Supreme Court of the Russian Federation dated July 25, 2012 N AKPI 12-726).
Please tell me, is continuous teaching experience now taken into account?
Who knows, it depends on the specific situation and circumstances. Continuity is not taken into account by law, but its accounting is not prohibited either; if someone needs to use it for their own purposes, the rules for accounting for continuity in this case are determined by the one who needs it for himself.
I am a rural school teacher. Continuous experience pedagogical work about 7 years old. I haven't worked at school for a long time. Using a fictitious certificate from one of the schools, I established that I had 25 years of service and received a long-service pension until I turned 60 years old. I am currently 61 years old and receiving an old age pension. Can the state, upon revealing this fact, withhold an illegally obtained amount of money in the form of a long-service pension (early pension). Thank you!
Good afternoon Dear Shikhban, in this case you may be required not only to reimburse funds, but also to initiate a criminal case under Art. 327 of the Criminal Code of the Russian Federation.
Please give a comprehensive answer. Does PEDAGOGICAL, CONTINUOUS, GENERAL EXPERIENCE include time to care for a child (up to 3 years). And also a long vacation (1 year). Thank you?
Hello. Parental leave is included in teaching experience only if it was before 1992. Any vacations after this date are not included in the length of service.
Parental leave up to 1.5 years is counted towards preferential teaching experience if it occurred before October 6, 1992. All other vacations are counted towards total experience. The concept of continuous experience does not exist today; there is the concept of insurance experience - this is the length of service when the employer pays insurance premiums for you Pension Fund.
Hello. Excluded. Plenum of the Supreme Court Russian Federation in paragraph 15 of Resolution No. 25 of December 20, 2005 “On some issues that arise for courts when considering cases related to the exercise by citizens of the right to labor pensions"indicated that when resolving disputes that arose in connection with the non-inclusion of women’s work experience in their specialty during the period of maternity leave in case of early assignment of an old-age pension (Articles 27, 28 of the Federal Law “On Labor Pensions in the Russian Federation”) Federation"), it should be assumed that if the specified period took place before October 6, 1992, then it is subject to inclusion in the length of service in the specialty, regardless of the time the woman applied for a pension and the time the right to early assignment of an old-age pension arose. As for long-term leave, according to Decree of the Government of the Russian Federation dated July 11, 2002 N 516, “the length of service includes periods of receiving state social insurance benefits during a period of temporary disability, as well as periods of annual basic and additional paid leave.” Consequently, the length of service includes basic and additional paid leave.
The teacher applied for early retirement in connection with teaching activities (25 years of continuous experience) by submitting false documents to the pension fund at his place of residence. Five years of full-time study and five years of work coincide with the same period, that is, I got a fictitious certificate from some school. He has been receiving a pension for 20 years. What punishment awaits the teacher? Thank you!
Hello! 1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use, or the sale of such a document, as well as the production for the same purposes or sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms - shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (see text in the previous edition) 2. The same acts committed for the purpose to hide another crime or facilitate its commission - (as amended by Federal Law No. 162-FZ of December 8, 2003) (see text in the previous edition) is punishable by forced labor for up to four years or imprisonment for the same term. (as amended by Federal Law No. 420-FZ dated 07.12.2011) (see the text in the previous edition) 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period up to six months, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or arrest for a term of up to six months.
I have continuous teaching experience of 20 years. In 2016, I took advantage of unpaid leave for a period of 2 months. Can I take advantage of unpaid leave for a period of 4 months again during the 2017-2018 academic year?
Unknown, not regulated by law. PROCEDURE FOR PROVIDING TEACHING EMPLOYEES OF ORGANIZATIONS CARRYING OUT EDUCATIONAL ACTIVITIES LONG LEAVE FOR UP TO ONE YEAR 5. Duration of long leave, the order of its provision, dividing it into parts, extension on the basis of a certificate of incapacity for work during a long leave, joining long leave to the annual main paid vacation, provision of long leave to part-time workers, payment from funds received by the organization from income-generating activities, and other issues not provided for by this Procedure are determined by the collective agreement.
Administrative leave is granted only with the consent of the employer, so this issue must be agreed upon first of all with the head of the educational institution.
IN next year My continuous teaching experience will be 25 years. IN maternity leave I visited 2 times: in 1994 (1 year) and in 2012 (1.5 years). Will both of my maternity leave be deducted when calculating my early pension or just one? Another question. Are sick leave periods also deducted from teaching experience?
Hello. Both leaves will be deducted from the special length of service, since they were granted after October 1992. Sick leave cannot be deducted. All the best. Thank you for choosing our site.
I'm leaving school and moving to another city. I found a job there at school. How long does it take for continuous teaching experience to be lost after dismissal?
Dear Oksana, to receive an early old-age pension, as a teacher you do not need continuous teaching experience, each period of work as a teaching experience is taken into account by the pension fund. Good luck and all the best to you.
I am planning a pregnancy, before that I had continuous teaching experience for 6 years, and then two dismissals due to at will over the past six months. Please tell me, can interruption of work experience affect the calculation of payments? And how will this affect? Thank you.
Hello! When calculating benefits, your income and, accordingly, the amount of contributions to the Social Insurance Fund for the previous 2 years will be taken into account.
Hello! The unemployed are not entitled to maternity benefits. The benefit is calculated for the previous 2 years; if you do not work in 2017, you will receive less benefit, there will be no earnings, and the days will be taken into account in the calculation.
Will teaching experience be continuous if a teacher worked for 2 years in a school, then 1 year in the Department of Education, then 1 year in the Department of Education and then 3 months? at the Ministry of Education and then 9 years at the university. Is work in the Department, Office and Ministry of Education included in continuous teaching experience?
Good day. Tatyana, no, it is not included in the continuous teaching experience, this is the experience of an employee, not a teacher. All the best, good luck to you.
Please tell me, for a preferential pedagogical pension you need a general or continuous ped. experience? If possible, please indicate the code article.
Good afternoon. Law No. 173-FZ dated December 17, 2001 On labor pensions in the Russian Federation (as amended on December 28, 2013) provides for preferential pension coverage for teaching staff in the form of an early retirement pension in old age, regardless of their age. This category of citizens includes persons who work in certain positions in institutions for children and have teaching experience of at least 25 years. A mandatory condition is that the work takes place specifically in institutions for children, i.e. persons under 18 years of age. That is, a total duration of 25 years is needed.
The law does not require continuous experience to assign a preferential pension to teachers. A total experience of at least 25 years is required (Article 30, paragraph 1, subparagraph 19 of the Federal Law “On Insurance Pensions”
Please tell me, for a preferential pedagogical pension you need a general or continuous ped. experience? If possible, please indicate the code article. Good afternoon To assign a preferential pension, at least 25 years of teaching experience is required. Its continuity does not matter. All the best!
I work at school as a teacher. Continuous teaching experience - 20 years. From May 2014 to July 2016 I was on maternity leave. Since August 2016, I returned to my place of work. In December 2016, I went on sick leave with my child. Upon payment sick leave I was told that since I have had no income for the last two years, the payment is based on the minimum wage, and for 10 days they paid only 1800 rubles, despite the fact that I work at almost 1.5 times the rate (workload is 26.5 hours). Is this calculation correct? As far as I know, payment was previously calculated based on length of service and should already be 100%. Perhaps there have been changes in legislation?
Good evening. Nothing has changed regarding experience. We are talking about something completely different. When calculating sick leave, the average earnings for the last two years of work are taken.
Hello, dear Natalya Ivanovna. You asked the lawyers a very important legal question, hoping to receive from them more complete explanations with references to the necessary regulations, rather than short answers without references to regulations. Firstly, in Russian legislation and in the Labor Code of the Russian Federation (abbreviated as Labor Code) there are no such concepts as “maternity leave” and “sick leave”. Article 255 of the Labor Code provides for maternity leave. Article 256 of the Labor Code provides for parental leave until the child reaches the age of three years. Secondly, the payment of benefits for temporary disability is regulated by Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity,” which you can familiarize yourself with at any time. The amount of temporary disability benefits is regulated by the provisions of Article 7 of the above Law. Article 7. Amount of benefit for temporary disability 1. Benefit for temporary disability in case of loss of ability to work due to illness or injury, except for the cases specified in part 2 of this article, during quarantine, prosthetics for medical indications and follow-up treatment in sanatorium-resort organizations immediately after providing medical care in inpatient conditions is paid in next size: (as amended by Federal Law No. 317-FZ of November 25, 2013) 1) for an insured person with an insurance record of 8 years or more - 100 percent of average earnings; 2) to an insured person with an insurance period of 5 to 8 years - 80 percent of average earnings; 3) to an insured person with up to 5 years of insurance experience - 60 percent of average earnings. 2. Temporary disability benefits for loss of ability to work due to illness or injury are paid to insured persons in the amount of 60 percent of average earnings in the event of illness or injury occurring within 30 calendar days after termination of work under an employment contract, official or other activity during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity. (as amended by Federal Law No. 343-FZ of December 8, 2010) 3. Temporary disability benefits when it is necessary to care for a sick child are paid: 1) when treating a child in outpatient setting- for the first 10 calendar days in an amount determined depending on the duration insurance period the insured person in accordance with Part 1 of this article, for subsequent days in the amount of 50 percent of average earnings; (as amended by Federal Law No. 317-FZ of November 25, 2013) 2) when treating a child in an inpatient setting - in the amount determined depending on the length of the insurance period of the insured person in accordance with Part 1 of this article. (as amended by Federal Law No. 317-FZ of November 25, 2013) 4. Temporary disability benefits if it is necessary to care for a sick family member during his treatment on an outpatient basis, with the exception of cases of caring for a sick child, is paid in the amount determined in depending on the length of the insurance period of the insured person in accordance with Part 1 of this article. (as amended by Federal Laws dated November 25, 2013 N 317-FZ, dated December 31, 2014 N 495-FZ) 5. Lost force on January 1, 2010. - Federal Law of July 24, 2009 N 213-FZ. 6. An insured person with an insurance period of less than six months is paid a temporary disability benefit in an amount not exceeding for a full calendar month minimum size wages established federal law, and in areas and localities in which in the prescribed manner regional coefficients are applied to wages in an amount not exceeding the minimum wage taking into account these coefficients. 7. In the case of temporary disability that occurred before the downtime period and continues during the downtime period, temporary disability benefits for the downtime period are paid in the same amount as wages are maintained during this time, but not higher than the amount of temporary disability benefits that the insured the person would receive according to the general rules. Knowing your rights and obligations established by regulations is good, but it is better to be able to use them in practice to benefit yourself, and not vice versa. A specific lawyer can help you understand this in detail, incl. from this site by agreement, after receiving from you more complete and necessary information on this issue and (or) copies of the relevant documents. Good luck.
I work as a teacher. Continuous teaching experience is 24 years. According to the Labor Code of the Russian Federation, I have the right to a sabbatical leave of up to 1 year. Question. Circumstances have developed in such a way that I would like to take advantage of it in the middle school year. Does the school administration have the right to refuse me leave?
Pedagogical workers of an organization carrying out educational activities, at least every 10 years of continuous teaching work, have the right to long leave for a period of up to one year, the procedure and conditions for the provision of which are determined by Order of the Ministry of Education and Science of Russia dated May 31, 2016 N 644 “On approval of the Procedure for providing teaching staff organizations carrying out educational activities, long-term leave for a period of up to one year" (Registered with the Ministry of Justice of Russia on June 15, 2016 N 42532). The duration of long leave, the order of its provision, dividing it into parts, extension on the basis of a certificate of incapacity for work during the period of being on long leave, joining long leave to the annual main paid leave, providing long leave to part-time workers, payment from funds received by the organization from income-generating activities, and other issues not provided for by this Procedure, are determined by the collective agreement.
I work as a manager in a village. Work experience 28 years continuously. I do not have primary or higher pedagogical education. Will I be fired from my position due to the entry into force of the new Federal Law “On Education”? I have been certified for my position and I have category 1.
No, they won’t fire you, because until 2020 there will be a so-called transition period during which you can work safely.
Are payments due for continuous experience work for teaching staff with extensive teaching experience when transferred to a social rehabilitation center for minors to the same positions?
Your labor relations are regulated by local (internal) documents, these are the Charter of the institution, the Collective Agreement, the Staffing Schedule, the Regulations on Wages, the Regulations on Bonuses, on the payment of incentive supplements and other regulations, as well as Art. 129 Labor Code of the Russian Federation. Look for the answer to your question there.
In three months I will have 25 years of continuous teaching experience in further education. Can I apply for a pension? And how to do this?
In three months I will have 25 years of continuous teaching experience in further education. Can I apply for a pension? And how to do this?)
