To assign a pension, length of service is taken into account. This is the totality of all periods of paid activity in production or in another area for which transfers were made to Pension Fund Russia (PFR).
What applies to insurance experience?
The rules for calculating and confirming insurance experience at the legal level are laid down in two documents:
- in Law No. 400-FZ of December 28, 2015;
- in Decree of the Government of the Russian Federation No. 1015 of October 2, 2014.
The term “experience” is understood as the sum of periods of work of a citizen:
- officially issued;
- for which transfers were made to the solidarity budget of the Pension Fund.
At the same time, the word “work” means any type of paid, socially useful activity. For example, creative individuals or individual entrepreneurs also work like workers in mines and factories. The main criterion for the insurance period is the payment of contributions:
- to the Pension Fund of Russia;
- to the Social Insurance Fund for Temporary Disability and Maternity (FSS).
The rules for calculating work periods are as follows:
- These are confirmed by entries in the work book (LC);
- In the absence of a Labor Code (or separate records), the period of labor can be proven with an archival certificate;
- If no documents have been preserved in the archive, then PFR specialists have the right to:
- use other documentary evidence;
- send the applicant to court to establish the fact of work.
The procedure for calculating length of service
The methodology for calculating insurance periods was approved by order of the Ministry of Health and Social Development No. 91 of 02/06/2007. The document contains fundamental rules that are used by all personnel officers and other specialists.
They can be briefly summarized as follows:
- Continuous periods are periods of work with one employer.
- They are calculated by subtracting the date of dismissal from hiring.
- The insurance period is the totality of the above data obtained over the entire period labor activity.
- The following axioms are used in calculations:
- a year consists of 12 months;
- one month consists of 30 days (no matter how indicated in the calendar).
- If, when calculating days, there are more than 30, then you should convert them into a month.
- The same thing has to be done when it turns out to be more than 12 months - they are converted into a year.
- The calculation of labor time intervals is carried out in calendar order.
Calculation formula
The day of dismissal is included in the calculations.
The following formula is used for calculations:
- StS = OKDn / 30 days, where:
- StS - insurance experience;
- OKDN - the total number of days when a person officially worked, taking into account preferential ones.
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Periods counted in the insurance period
Article 16 of Law No. 27-FZ lists all periods of time that are included in insurance. These include, in particular, the following intervals:
- Work under an employment agreement.
- Carrying out activities under a civil contract:
- civil service;
- service in civil and municipal bodies;
- service in the army and equivalent government institutions;
- Temporary disability due to illness.
- Care period:
- for a newborn up to one and a half years old (in total no more than 6);
- behind ;
- behind ;
- for an elderly citizen who has crossed the 80-year-old threshold.
- Status registered with employment authorities.
- Participation in paid community work.
- For rehabilitated persons - time spent under arrest and serving a sentence.
- The period of voluntary transfer of contributions to the Pension Fund by a person who is not included in the compulsory insurance system.
- The period during which the individual who entered the compulsory insurance system voluntarily paid contributions for the applicant.
- Living with someone in an area where employment in their specialty is impossible, including abroad.
For the self-employed population (individual entrepreneurs, notaries, etc.), the insurance period will include the time period during which contributions to the Pension Fund were transferred.
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Example
Sergei Petrovich worked in three private companies, as indicated in his Labor Code:
- LLC "Scarlet Sails": from 10/16/1996 to 02/18/2001;
- JSC "Volt": from 02/19/2001 to 09/22/2008;
- Parus LLC: from 09/23/2008 to 06/01/2017.
For determining total experience it is necessary to calculate the continuous segments at each enterprise:
- 02/18/2001 - 10/16/1996 = 02 days. 02 months 4 years.
- 09/22/2008 - 02/19/2001 = 03 days. 07 months 7 years.
- 06/01/2017 - 09/23/2008 = 08 days. 07 months 8 years.
Let's sum up the periods: 02 days. 02 months 4 years + 03 days 07 months 7 l. + 08 days 07 months 8 l. = 13 days 04 months 20 years.
Attention: the rules for converting time intervals were used for calculations (see above).
What to do if the archive is missing
If the necessary documents are missing, the time of work can be confirmed by witnesses. In this case, you must provide a certificate stating that the archive has not been saved. This is possible for the following reasons:
- carrying out military operations;
- natural disasters (tsunami, flood, earthquake(;
- emergency situations (accidents, disasters, etc.).
To confirm the length of service, testimony of two or more witnesses who worked with the applicant during that period of time is required.
When determining the period of work, the age of the applicant is taken into account:
- the time of work is taken into account from the moment the applicant turns 16 years old;
- if hired labor was used during the holidays, then the period of work from 15 years (in rare cases - from 14 years) is taken into account.
About types of experience
The regulatory documents state that length of service includes periods of participation in production and any other socially useful activity. The following types are distinguished:
- General, which includes periods of time spent on:
- production work under normal conditions;
- educational process;
- care for children and disabled people (defined by law);
- military service upon conscription;
- Special - this is work in dangerous, harmful environments, in conditions unfavorable climate and others.
About the work book and control
The employer in personnel work is guided by the Rules for maintaining work books, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003(with changes and additions).
In particular, they strictly indicate:
- Each entry in the Labor Code is made on the basis of an order from the manager, which is assigned a number and has a date of publication (data is entered in the appropriate columns).
- The notice of dismissal is confirmed by the signature of the responsible person and certified by a seal.
- Entries cannot have corrections.
- The seal impression must be readable.
The insured person has the opportunity to control all personal data entered into his personal account in the OPS system. To do this you need to do the following:
- Register on the government services portal.
- Login to your personal account
- Request an extract from your personal personal account.
- Check the data with the records in the TC.
If there is no data for the period of activity after 2002, then the employer:
- does not pay to the Pension Fund;
- employed the employee informally.
What to do if there is no entry in TC
If segments of work activity are not included in the Labor Code, then it is necessary to confirm them in any other legal way. You don’t need to wait until pre-retirement to do this.
The following are considered supporting documents:
- A copy or original of the employment agreement.
- Extracts from orders of admission and dismissal (the storage period for such documents is 75 years).
- Certificate issued by the employer.
- Labor time sheets.
- Personal salary accounts.
- Statements for issuing earnings.
- Other papers.
- Witness's testimonies.
- The court's decision.
For information: confirmation of work segments can be requested from the archival institution of the region where the enterprise operated (if it is closed). To do this, send a request:
- written in free form;
- containing all the original information.
Determining the insurance period for paying sick leave
The instructions, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 91, contain a methodology for calculating length of service for paying for periods of temporary disability. They are necessary, since the amount of the benefit directly depends on the time previously spent on labor or socially useful work.
This dependence is contained in Article 7 of Law No. 255-FZ of December 29, 2006. In particular, the document defines:
- 100% of average monthly earnings during periods of illness are accrued to workers who have worked in total for more than 8 years;
- 80% of the specified amount is received by those whose experience varies from 5 to 8 years;
- 60% - from six months to five years.
The algorithm of actions of the specialist responsible for calculating sick leave payments is as follows:
- All periods of employment are written out from the Labor Code.
- Continuous periods are calculated (at one enterprise).
- Their totality is determined.
- Compares with the boundary indicators (indicated above).
- Interests are entered into the protocol, on the basis of which the accountant calculates earnings during the period of incapacity.
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Citizens retiring often face the problem of confirming their work experience for the 90s of the last century. Enterprises changed owners, many closed and new ones opened. There were situations when employers disappeared along with all the documentation of the enterprise, leaving their employees without the opportunity to confirm the length of service and earnings that are required to grant a pension. What should a person do if the work book is lost, the enterprise is liquidated, and there is practically no chance of finding documents in the archives?
Consultations on these issues were given by Evgenia Ochertarova, chief specialist-expert of the department for assessing the pension rights of insured persons of the OPFR in Buryatia.
Work book and ILS
What periods of work are included in the insurance period when assigning a pension? Is a work record really that important today?
Since 2015, when assigning a pension, periods of work both before and after registration of a citizen in the compulsory pension insurance system are established according to the information of the individual personal account of the insured person. All information is stored in Federal base PFR data. Before the registration date, information about the length of service was submitted by employers in the SZV-K form for all working citizens.
According to the law, periods of work and (or) other activities performed by a citizen are included in the insurance period, provided that insurance contributions were paid to the Pension Fund for these periods. Contributions to state social insurance until 1991, payment of unified social tax and UTII until 2002 are equal to the payment of insurance premiums.
Thus, citizens can see and check the completeness of the information provided about periods of work and the amount of insurance premiums paid for each period of work in the extract from the ILS in the Personal Account on the Pension Fund website.
If a person understands that the extract contains incomplete information about work activity, how can the gaps be restored?
If the statement contains incomplete information about periods of work or there is no information about individual periods of work before registering a citizen as an insured person, then they can be entered on the basis of supporting documents.
In this case, the work book is taken into account, which is a document confirming periods of work before the date of registration in the OPS system.
If all the entries in it are completed correctly, in accordance with the Instructions for filling out work books, then no problems with taking into account the length of service will arise.
In the absence of a work book, as well as in cases where the work book contains incorrect and inaccurate entries or there are no records about individual periods of work, certificates from the employer or from an archival institution are accepted to confirm the length of service.
These can be extracts from orders, personal accounts and statements of issue wages, certificates, written employment contracts and agreements with notes on their execution and other documents containing information about periods of work.
It should be noted that it makes sense to start searching for lost documents about a certain period of your work only if you know for sure that during this period you received a “white” salary. Because with a “gray” salary, common in the nineties, the employer did not pay mandatory insurance payments to the Pension Fund of the Russian Federation, which means you do not have an insurance work history for this period. Such circumstances may lead to a pension being awarded in a smaller amount than the one the applicant expected.
Therefore, it is very important not to wait for the onset retirement age, but prepare for retirement in advance, before eligibility. In accordance with current legislation, the obligation to provide documents necessary for the assignment and recalculation of a pension is assigned to the citizen.
Where to get a certificate
Where can I apply for a certificate if the company is located in another region or has been liquidated?
If the enterprise is located in another region, there is no need to go to the place where the organization was located to obtain a certificate of periods of work. Pension Fund specialists will provide you with assistance in requesting the necessary documents on length of service or salary certificates, if necessary. To do this, you need to contact customer service with a statement.
If the enterprise is liquidated, but it still has a legal successor, certificates of experience and earnings must be issued by the legal successor.
If there is no assignee, then necessary documents must be searched in the archives. Which archive should you contact? Pension Fund specialists will also provide you with this information.
When contacting an archival institution, the applicant receives a response in the form of an archival certificate, less often an archival extract or a copy of a document. To the archived confirmation certificate length of service data is included for the time for which information is available in the archive documents: the exact name of the position held by the citizen and the period of his work are given. Orders on personnel, on main activities, personal accounts and other documents are used as documents confirming insurance experience.
Witnesses
What to do if an organization is liquidated and there are no documents of this enterprise in the archives?
In this situation, your period of work at this enterprise can only be confirmed by testimony. Information about wages is not confirmed by witness testimony.
According to the rules, if the archives of an enterprise are lost through no fault of the employee, the periods of work of a citizen at this enterprise can be established on the basis of the testimony of at least two witnesses who know the citizen from working together during this period.
Witnesses must have documents confirming their work with this employer during the period of joint work with the citizen for whom they are witnessing. To do this, a citizen must write an application to the Pension Fund of Russia at his place of residence with a request to establish a period of work based on witness testimony, indicating the full name and address of the witnesses. Attach to the application a certificate from the archive stating that they do not have documents from the liquidated enterprise where the citizen worked. At the same time, the length of the citizen’s period of work at the enterprise, established on the basis of witness testimony, cannot be more than half of the insurance period required for the citizen to receive a pension.
Witness testimony can only confirm periods of work on the territory of the Russian Federation that occurred only before the citizen was registered as an insured person. Therefore, to confirm other periods (for example: military service, the period of caring for a disabled child, the period of residence of spouses of military personnel, etc.) this method is not applicable.
Court
Often, the archives cannot help future pensioners, because, in particular, commercial organizations simply did not transfer documents to the archives. In such cases, what is the point of going to court?
Unfortunately, this situation occurs quite often. It was during the period from 1986 to 1995 that documents on the length of service and earnings of employees of commercial organizations were most often not transferred to the archives.
The situation is aggravated by the fact that there are no legislative acts on what an employee should do if there are no documents about earnings in the archives.
Only procedures for confirming insurance experience are provided. But how to confirm the amount of earnings - there are no regulatory documents on this. The Pension Fund of the Russian Federation takes a firm position that the necessary information about wages must be provided by the employer or archival institution on the basis of personal account data, pay slips, etc.
Decide this problem pretty hard. But in some cases, a citizen is recommended to file a claim in court to demand compensation for damage caused to an official (employer) who failed to fulfill his obligations to transfer documents to the archive during the liquidation of the enterprise.
Article navigationTherefore, today it is easy to find out about the amount of your insurance experience. To do this, through the Unified Portal of Public Services, you can request an entry from an individual personal account, which will indicate the registered periods of work. If there are no periods before 2002, it is necessary to submit the relevant documents to the Pension Fund administration, where specialists will enter the necessary information into the personal account.
And if there are no periods of work currently on your account, this means that the employer has hired you unofficially, respectively, these periods will not be included in the calculation future pension.
If there is no entry in the work book, how to confirm the length of service?
You can confirm your insurance experience directly upon retirement. But it is advisable to do this in advance, since the deadline for assigning a pension will be increased up to 3 months. And if not provided necessary documents, the pension will be assigned according to available data.
In cases where the work book does not contain records of periods of work or contains inaccurate information, documents are accepted as confirmation of work activity. additional documents:
- written employment contracts;
- extracts from orders;
- certificates from employers or relevant state (municipal) bodies;
- certificates from archival departments and institutions;
- time sheets;
- personal accounts;
- salary statements;
- other documents from which the necessary information is obtained.
Certificates from collective farms, enterprises and institutions issued to an employee upon dismissal from work, which do not indicate the grounds for their issuance, may be accepted as confirmation of work experience.
Periods of work after registering a citizen with the Pension Fund as an insured person are confirmed by certificates and various documents confirming the payment of the relevant mandatory payments (insurance contributions).
How to write a request to the archive for confirmation of experience (sample)
The territorial body of the Pension Fund of the Russian Federation, as part of providing assistance to a citizen, has the right to issue a request to the employer or to the archive departments with a request to provide additionally required documents.
However, any citizen can make a request about their experience independently. In this case, you can obtain information about your work activity:
- personally;
- send a request by mail.
In the event that there are inaccuracies in the work book (for example, the date of dismissal differs significantly from the date of the dismissal order on the basis) or are not specified in in the prescribed manner corrections, then when sending a request you must attach a copy of your work book, and when applying in person, have its original with you.
If there is no work book, then the request must be as precise as possible indicate work periods and the name of the organization during employment. And it is also necessary specify personal information(full date of birth, clarify all changes in last name and other individual data, which can speed up the response time to the request as much as possible).
When sending a request via postal services, the full postal address of the sender and additional Contact Information for communication (phone, email, etc.).
What to do if there are no documents in the archive
There are many cases when the necessary information is not available in archival funds. Then unconfirmed periods of work activity can be established as follows:
- testimony to the Pension Fund;
- judicially.
In both cases, a survey will be carried out at least two witnesses who worked simultaneously with the applicant.
Confirmation of experience with witness testimony
In the absence of the necessary documents, the working time can be set based on testimony.
In case of confirmation of work on interviewing witnesses, a necessary condition is the presentation certificates of unsafe archives. Please note that confirmation by witnesses of the general length of service depends on the reason for the failure of the archives in the following cases:
- in connection with military operations;
- in connection with natural disasters (floods, fire, earthquake, etc.);
- in connection with accidents, disasters and other emergency situations.
Thus, work experience is confirmed on the basis of two or more witnesses who know the applicant from working together in one organization, institution, one enterprise, collective farm or one system.
The calculation of total work experience may include periods of work confirmed by witness testimony, starting from the age of 16. In some cases, work experience is counted from 15 (in exceptional cases from 14) years of age, provided that the work was for hire and only during the holiday period. Working age requirements is presented not only to the applicant, but also to witnesses.
If one of the witnesses testifies about work for a longer period than the other witness, the period confirmed by both witnesses is considered established.
Citizen Petrova, born in 1956, applied to the Pension Fund Administration with an application for recalculation of the old-age insurance pension in connection with the crediting of the previously unaccounted period of work on the Vysotny collective farm from 1973 to 1976 into the length of service. The work record book of collective farmer Petrova is not presented. The following documents were attached to the application:
- a certificate issued by SEC “Vysotny” about the failure to preserve documents for 1973-1975 due to a fire in 1979;
- certificate of reorganization of the collective farm "Vysotny" into the agricultural production complex "Vysotny".
To confirm this period, PFR specialists interviewed witnesses Andreeva, born in 1950, and Ivanov, born in 1948, who worked on the collective farm together with citizen Petrova. At the same time, Andreeva’s pension file contains a certificate of work on the collective farm, issued to her upon her dismissal in 1977. And in Ivanov’s pension file there is a copy of the collective farmer’s work book, with the periods of his work included from 1965 to 1978. Which confirms the fact that both witnesses worked at the Vysotny collective farm at the same time as the applicant.
Based on the protocol drawn up for interviewing witnesses, the period of work from 1973 to 1976 was included in citizen Petrova’s length of service and her pension was recalculated.
The procedure for calculating work experience
With the entry into force of the main provisions of the law of December 28, 2013 No. 400-FZ, in 2015, Rules No. 1015 of October 2, 2014 were approved, which established the procedure for calculating the insurance period. Experience accounting carried out as follows:
- in calendar terms, by subtracting the start date from the end date of work, plus 1 day;
- if periods of work coincide with other activities, preference is given to the period taking into account which the calculation of the pension is most profitable;
- the work book and entries in it must be drawn up in accordance with the legislation in force at the time of their establishment;
- documents to confirm work experience must contain the reasons for their issuance and be drawn up in accordance with the labor legislation in force at the time of employment.
Which periods are included or not included in the calculation?
In addition to periods of work, the insurance (work) length of service now also includes other periods (subject to certain conditions):
- service in the bodies of the ATS, the Federal Penitentiary Service, the Ministry of Emergency Situations, provided that these periods were not counted for;
- periods up to the age of one and a half years by one of the parents (if there are several children - a total of no more than six years);
- time spent caring for an elderly person over 80 years of age, a group I disabled person or a disabled child, subject to documentary evidence;
- periods of temporary incapacity for work (“sick leave”);
- periods of registering with the employment center as unemployed and receiving the corresponding benefits;
- the time spent in custody and serving sentences by persons subsequently rehabilitated;
- periods of residence with a spouse, a contract serviceman, in an area where there was no opportunity to find a job (no more than 5 years are counted);
- periods of residence with a spouse by an employee of diplomatic consulates when they are sent on a business trip (no more than 5 years).
The specified periods can be included in only on the condition that before their onset or immediately after the citizen worked and insurance premiums were paid for him.
If a citizen belongs to a category (individual entrepreneur, notary, lawyer, etc.), the periods of his work will be counted in the insurance period, subject to payment of contributions to the Pension Fund.
Periods of work and other activities counted towards length of service in accordance with Federal Law “About insurance pensions”, have an exhaustive list. Other periods inclusion in the insurance period are not subject to(such as training in higher educational institutions and secondary vocational educational institutions).
Evidence of work experience makes it possible to accurately establish the duration of the time periods during which the employee performed the labor function. Currently, the concept of seniority has been virtually abolished, and it has been replaced by the concept of insurance seniority. In our article you will find information about what facts and documents can act as confirmation that an employee has a certain type of work experience, and how to obtain the necessary evidence in the event that the enterprise where he worked was liquidated.
Evidence submitted to confirm insurance experience
In accordance with the provisions of Section II of the rules approved by the Decree of the Government of the Russian Federation “On approval...” dated October 2, 2014 No. 1015, the insurance period is confirmed by entries entered in the work book, and in its absence or the impossibility of identifying the information specified in it:
- employment contracts and civil contracts;
- extracts from orders;
- certificates issued by the employer;
- personal accounts of the employee and statements for the payment of wages;
- documents confirming the fact of payment of obligatory payments to the tax authorities.
The specified documents must be submitted to confirm the insurance period in the event that during the period of employment the citizen was not registered in the compulsory pension insurance system or there are gaps or inaccuracies in the personalized accounting information.
Evidence confirming work experience
On January 1, 2002, the law “On labor pensions" dated December 17, 2001 No. 173-FZ, which established the definition of insurance length of service - and from that moment on, the concept of length of service was eliminated. Nevertheless, the procedure for confirming a citizen’s accumulated experience is identical to the previous one, regardless of the period during which he worked - before 2002 or after. Thus, even after the introduction of Law No. 173-FZ, confirmation of length of service developed before 2002 is carried out using entries made in the work book, employment orders and other documents, the list of which was given above.
Confirmation of work experience in the Pension Fund
You can also confirm your work experience by contacting the Pension Fund. If during the period for which the employee needs to receive confirmation, he was registered as an insured person, information about his work activity can be found in the Pension Fund database. If during the specified period the citizen was not insured, the fact of his labor activity, in accordance with paragraph 5 of Resolution No. 1015, may be confirmed by testimony witnesses.
To do this, it is necessary to send an application to the territorial branch of the Pension Fund of Russia with a request to establish working hours based on witness testimony. You will need to attach documents confirming the fact of the loss of other documents confirming your work activity (for example, an archival certificate containing information about the absence of the necessary information in the archive).
How to confirm work experience if the company is liquidated
In the event that the employee has not kept his work book or the necessary information is unreadable or completely absent, he can contact his former employer to obtain any of the above documents confirming the fact of his labor activity. If, by the time the employee retires, the enterprise no longer exists, you can obtain the necessary information by sending a request to the archive to which the employer transferred information about the citizens working for him. The archival certificate issued following the application will indicate the name of the position held by the applicant, as well as the exact period of time he worked in the organization.
As you can see, you can confirm the duration of the insurance period (and for periods of work carried out before 2002, labor) different ways. If the citizen was registered as an insured person, all the necessary information can be found in the Pension Fund database. If such registration was not carried out within the required period, the employee will need to submit to the Pension Fund a work book or other document, the entries in which confirm the fact of carrying out labor activities. If such documents have not been preserved (for example, due to the liquidation of the enterprise), it is necessary to make a request to the archive and obtain an archival certificate, which also serves as proof of work experience. If the information is not in the archives, you can prove the fact of work at a certain place by inviting witnesses (they can be the employee’s colleagues, representatives of management, etc.).
Sometimes, when entering a well-deserved retirement, a pensioner may be faced with the fact that he does not have enough experience to receive payments or that some aspects of his work history are not reflected in the work book. In this case, it is necessary to find evidence of proof of work experience for a pension.
How is the work and insurance experience for a pension confirmed?
Having a minimum work experience, along with reaching a certain age, is one of the conditions for granting a pension. The applicant will need to submit documents to the Pension Fund confirming the existence of insurance experience and the amount of wages. Based on these data, the amount of pension payments is calculated.
In accordance with Resolution No. 555, adopted in 2002, two ways of confirming work experience for a pension are established:
- documentary - the applicant will need to attach a work book, contract, extracts and other papers;
- witness testimony – if there are no documents, then with the help of the testimony of the employer and colleagues it is possible to prove how many years the applicant has worked in a certain place.
The first one is most often used. Typically, proof of the required length of service is made using a work record book.
Important: came into force in 2002 the federal law“On Labor Pensions”, which abolished the understanding of length of service and introduced instead the definition of insurance length. But in fact, this is one and the same thing, and the procedure for confirming the presence of labor and insurance experience is completely identical.
How to confirm your experience using documents
The new law introduced alternative methods confirmation of insurance experience. If before 2002 the only legal document was a work book, and all other evidence had to go to court, now the applicant has more options. Even if he lost his work book.
For official employment
In accordance with labor legislation, all information about insurance experience entered into the work book. Every enterprise that officially employs a person must conduct it.
It duplicates data from orders and displays information:
- about hiring;
- about dismissal;
- on transfer within the enterprise;
- about awards, etc.
Also, if the company has changed its name, this is reflected in the labor report. But in case of its loss, you can use the following as proof of work experience for a pension:
- employment contract with the enterprise;
- an extract from the order of employment or dismissal;
- an extract from a personal bank account (generated by the enterprise’s accounting department);
- statement confirming the transfer of wages;
- documents from the Pension Fund or the Federal Tax Service confirming that the applicant (or his employer) transferred taxes and social contributions to funds to the budget;
- income declarations, naturally certified by employees of the fiscal service;
- extracts and certificates from the military registration and enlistment office, military units, law enforcement agencies, etc.;
- a certificate from the social insurance fund regarding the payment of benefits due to illness or temporary disability;
- certificates from the archive.
For individual entrepreneurs, self-employed and other categories of workers
In some situations, a person could not have a work record at all. In these cases, he confirms employment using:
- income declaration and civil contract - relevant for freelancers, builders, seasonal workers, etc., the length of service is calculated from the start of the contract until the end of the contract;
- certificates from the Federal Tax Service on payment of taxes - for individual entrepreneurs;
- extracts from the Pension Fund on the transfer of contributions - for farmers and owners of private household plots;
- certificates from the Federal Tax Service confirming that the applicant belongs to the ethnic groups of the Far North (provided that the employee is registered as an entrepreneur);
- military ID, sailor's passport or identity card - for representatives of law enforcement agencies and the Ministry of Defense.
What is included in the length of service on which the pension is calculated?
For lawyers and notaries
Private practitioners - lawyers, notaries or detectives - must present a license and confirm payment of contributions to the SRO and to the state.
In addition, the following are included in the length of service:
- being on maternity leave;
- caring for elderly relatives or disabled people;
- being under unfounded accusation with subsequent rehabilitation, etc.
All these special cases are also documented.
How and where to submit documents
To assign a pension, the applicant must:
- collect all documents used to confirm work experience for a pension;
- fill out an application for an old-age pension;
- transfer all this to the nearest branch of the Pension Fund of Russia;
- wait for a decision.
If the Pension Fund refuses to grant a pension on the basis of insufficient length of service or has calculated payments incorrectly, you must contact a specialist for clarification on what additional documents need to be attached. And then act depending on the circumstances.
For example, a request about the period of work and the amount of transferred insurance premiums must be sent to the former employer. If the company is liquidated, go to the archives. Military personnel need to go to the military registration and enlistment office, police officers - to the personnel department of the Ministry of Internal Affairs, etc.
If the Pension Fund still refuses to accept documents or calculates the pension incorrectly, you can go to court.
How to confirm work experience with the help of witnesses
If no documents have been preserved at all or an error has crept into them, then the presence of the necessary work experience for a pension can be confirmed with the help of witness testimony. This is completely legal.
However, this can only be confirmed by the fact that the applicant actually worked at the specified enterprise during the period of time. It is not possible to confirm your salary with the help of witnesses.
Also, along with the testimony of witnesses to the Pension Fund of Russia (they are drawn up in writing and certified by a notary), you must send:
If the Pension Fund does not accept the evidence, you will have to go to court.
What to do if the company no longer exists
But how can you confirm your work experience for a pension if the company no longer exists? For example, it was declared bankrupt and liquidated. In this case, it is necessary to clarify with the tax service which company acted as its successor (for example, a merger or acquisition could have occurred).
If there is a successor, send an application to receive the necessary information. If missing, contact the archive. Enterprises are required to transfer papers there for storage after their liquidation. They have been kept there for 90 years.
Depending on the status of the enterprise, you must contact either the city, regional or all-Russian archive.
How to request supporting documents in the archive
An extract from the archive is an official document that will definitely be accepted by an employee of the Pension Fund.
It should contain the following information:
- about the archive itself – address, name, etc.;
- about the applicant;
- about the enterprise - its full name, details;
- about the duration of the applicant’s work in the specified company;
- on the amount of wages, if such information is reflected.
At the end of the certificate there is a date, stamp and signature of the authorized person. The validity period of the document is not limited.
Conclusion
Thus, even if you have lost your documents, there are ways to confirm your work experience for your pension. This can be done by providing papers that are in your home - for example, old employment contracts. You can also order extracts from the tax service and funds. If the company is liquidated, the necessary information will be found in the archive. As a last resort, you can turn to the help of witnesses.
