Insurance experience 0 years. The concept and how the insurance period is considered when calculating a pension. How is the calculation of the insurance experience

Imagine, you miscalculated the employee's experience. The employee will receive less money than he owes. In order not to offend employees and not to violate the law, we will learn to calculate the insurance experience correctly

Payment insurance experience may be needed in two cases:

1. When calculating benefits for temporary disability or, as we used to call it, sick leave.
2. For the appointment of a retirement pension.

In these cases, the calculation procedure, periods and other details may differ. In the article, we will analyze only the calculation of the insurance experience for the appointment of a sick leave.

The amount of sick leave payment depends on the length of service

The amount depends on the employee's insurance record:

• if the employee's insurance experience is from 6 months to 5 years, then he should be paid 60% of the average earnings;
• from 5 to 8 years old - 80%;
• more than 8 years - 100%.

Rules for calculating the insurance experience

Insurance experience is the period when the employee worked and the employer transferred for him insurance premiums to extrabudgetary funds.

A prerequisite: it is possible to include a certain period in the calculation of the insurance experience only if insurance premiums for the employee were transferred for this period.

The rules and procedure for calculating the insurance experience are defined in the Rules for calculating and confirming the insurance experience for determining the amount of benefits for temporary disability, for pregnancy and childbirth, approved. by order of the Ministry of Health and Social Development of Russia dated 06.02.2007 No. 91 (hereinafter referred to as the Rules for calculating the insurance experience).

Do not confuse the insurance record with the seniority - these are different concepts

Seniority is the duration exclusively labor activity, which is carried out on the basis of an employment contract.

For example, an employee who will be awarded temporary disability benefits was in certain years individual entrepreneur... There was no employment contract, but during this period the individual entrepreneur transferred insurance premiums for himself. Discrepancy: there is no employment contract and, as a result, there is no entry in the work book either, but there are deductions for the period. When assigning an allowance to an employee, this period can be counted in the insurance experience, provided that he provides documents, for example, a certificate from the territorial branch of the FSS of the Russian Federation.

Documents confirming the insurance experience

The main document confirming the periods of work is the work book.

But what if the information in the labor book is incorrect and inaccurate, or there are no records at all about certain periods of work? Then, in confirmation of the periods of work, the following are accepted:

• written employment contracts executed in accordance with the labor legislation in force on the day the relevant legal relationship arose;
• certificates issued by employers or relevant state (municipal) authorities;
• extracts from orders;
• personal accounts and payroll statements.

If the work book is not kept, the periods of work under the employment contract are confirmed by a written employment contract drawn up in accordance with the labor legislation in force on the day the relevant legal relationship arose.

There are special cases - nannies, entrepreneurs, the military, etc.

The list of documents on the basis of which it is possible to confirm the length of service for various cases is given in section II of the Rules for calculating and confirming the insurance experience (approved by order of the Ministry of Health and Social Development of Russia dated 06.02.2007 No. 91).

Example

Situation: The employer demanded that the newly hired employee provide documents that can confirm that the previous employers paid insurance premiums on payments in favor of this employee. Should the employer really require such documents?

Solution: Clause 8 of the rules for calculating and confirming the insurance experience, approved by order of the Ministry of Health and Social Development of Russia No. 91 dated 06.02.2007, contains a list of documents that can be used to confirm the insurance experience. Documents that can confirm that the previous employers paid insurance premiums for the employee are not named here. Accordingly, it is not necessary to require these documents from a new employee.

Employer's actions:

1. Check the availability of documents by which it is possible to determine the periods included in the insurance experience (work book, employment contracts, etc.).
2. Now you can consider the insurance experience.

How to calculate insurance experience if an employee refuses a paper work book

Insurance periods for sick leave

The insurance experience includes:

• periods of work under an employment contract;
• periods of state civil or municipal service;
• periods of other activities during which the citizen was subject to mandatory social insurance in case of temporary disability and in connection with motherhood.

Calculation of the insurance experience for sick leave

Periods of work (service, activity) are counted in a calendar order based on full months (30 days) and a full year (12 months). Every 30 days of the specified periods are transferred to full months, and every 12 months of these periods are transferred to full years (clause 2 section III Of the Rules for calculating and confirming the insurance experience).

In case of coincidence in time of the periods of work (service, activity) included in the insurance experience, one of such periods is taken into account at the choice of the insured person, confirmed by a statement, which indicates the period selected for inclusion in the insurance experience (clause 22 of the Rules for calculating the insurance experience) ...

An example of calculating the insurance experience

Let's calculate the insurance experience of the employee Igor Plyushkin to calculate the temporary disability benefit. The worker brought sick leave for the period from August 10 to August 15, 2017. Employment book data:

• from January 1, 2012 to July 20, 2012, Plyushkin worked at Progress LLC;
• from July 22, 2012 to August 25, 2014 - at Vector LLC;
• from August 26, 2014 to August 29, 2014 - at Horizont LLC;
• from September 1, 2014 to the present time he has been working at Prima LLC.

• from 01.01.2012 to 20.07.2012 - 0 y. 6 months 20 days;
• from 22.07.2012 to 25.08.2014 - 2 years 1 month 4 days;
• from 26.08.2014 to 29.08.2014 - 0 y. 0 months 4 days;
• from 01.09.2014 to 09.08.2017 - 2 years 11 months 9 days
• Total: 5 years 7 months 7 days
  Igor Plyushkin's insurance experience is 5 years 7 months 7 days, respectively, when calculating the allowance, the average daily wages must be multiplied by 80%.

To display the form, you need to enable JavaScript in your browser and refresh the page.

On 01.01.2015, the Federal Law "On Insurance Pensions in the Russian Federation" of 28.12.2013, No. 400-FZ, entered into force. He initiated a new accrual procedure pension payments... The labor pension was replaced by an insurance pension, the basis for calculating the amount of which is the total duration of the insurance period. But along with the latter, the length of service also remains relevant. In this article, we will try to find out what are the fundamental differences between work and insurance experience.

What is seniority and what is it like?

Work experience is usually called the duration of the period during which a citizen was implementing labor and other types of activities useful to society. This period was necessary when calculating social payments, benefits (sick leave, maternity, vacation, etc.) for all employees, as well as when calculating pensions for those citizens who had work experience before 2002. Starting from 1.01.2002, only the insurance period began to influence the amount of the pension.

The determination and calculation of seniority was carried out on the basis of an agreement between a citizen and his employer. The total duration of such experience included the entire period during which the person officially worked. But, as an exception, some periods of a person's incapacity for work could also be attributed to it, if they are classified, according to the law, as respectful (for example, military service, parental leave, education in higher educational institutions, etc.).

Types of work experience:

• actually labor - the duration of work and other types of activities, which were accompanied by deductions of contributions to the FIU. Guaranteed retirement after reaching the age limit;
• length of service in civil service - the duration of work in positions in government agencies. Provides supplements and pension payments in accordance with the length of service;
• special - the duration of a person's work activity in conditions classified as stressful, harmful and unsafe for health and life in general. Provides early retirement;
• continuous - the total duration of employment with the same employer without termination.

The minimum total length of service required for a pension was 5 years. At the same time, the amount of payments was also minimal. The amount of the future pension tended to increase with each subsequent year of service.

What is the difference from the insurance period?

It is customary to call the insurance experience in the above regulatory legal act the total duration of time during which a person or his employer pays contributions to the Pension Fund of the Russian Federation. The main document according to which it is determined is the work book. If some periods during which a citizen made contributions to the FIU are not reflected in this document, other evidence should be provided - certificates, statements, salary accounts, labor agreement, etc.

Consider the main differences between work and insurance experience. They are presented in the form of a table:

Despite the listed differences, the period of unemployment, when the employee was officially registered at the employment center, can be included in work book and is taken into account in the quality of both labor and insurance experience in parallel.

1. Calculation of the insurance period is carried out in a calendar order. In case of coincidence in time of the periods provided for and this Federal law, when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of an insurance pension.

2. The insurance period does not include the periods taken into account when establishing a pension in accordance with the legislation of a foreign state.

3. When calculating the insurance experience, the periods of activity of persons who independently provide themselves with work, heads and members of peasant (farmer) households, members of family (tribal) communities of indigenous peoples of the North, Siberia and the Far East Russian Federation carrying out traditional economic activity, periods of work at individuals(groups of individuals) under contracts are included in the insurance experience, subject to the payment of insurance premiums in Pension Fund Russian Federation.

4. When calculating the insurance period required to acquire the right to insurance pension old age by citizens receiving a seniority pension or a disability pension in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-1 "On Pension Provision of Persons military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops national guard Of the Russian Federation, the compulsory enforcement authorities of the Russian Federation, and their families ", the length of service does not include periods of service preceding the assignment of a disability pension, or periods of service, work and (or) other activities taken into account when determining the amount of seniority pension in accordance with In this case, all periods that were included in the length of service, including periods that do not affect the amount of the length of service pension or disability pension, in accordance with the specified Law, are considered taken into account.

(see text in previous edition)

5. When calculating the length of service required for the acquisition of the right to an old-age insurance pension by astronauts receiving a seniority pension or a disability pension in accordance with Federal Law No. 166-FZ of December 15, 2001 "On State Pension Provision in Of the Russian Federation ", the length of service does not include periods of work (service) and (or) other activities preceding the assignment of a disability pension, or periods of work (service) and other activities taken into account when determining the amount of seniority pension in accordance with the specified Federal by law, unless otherwise provided by an international treaty of the Russian Federation.

6. When calculating the insurance period, the periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.

7. To persons who performed work in the corresponding calendar year under contracts of author's order, as well as to authors of works who received payments and other remuneration in the corresponding calendar year under agreements on the alienation of the exclusive right to works of science, literature, art, publishing licensing agreements, licensing agreements on granting the right to use a work of science, literature, art, if total amount of paid insurance contributions to the Pension Fund of the Russian Federation from payments and other remunerations received under these agreements during the given calendar year amounted to at least a fixed amount of the insurance contribution for the compulsory pension insurance, determined in accordance with the legislation of the Russian Federation on taxes and fees, the insurance period includes a period equal to a full calendar year (from January 1 to December 31) in which insurance contributions were paid to the Pension Fund of the Russian Federation from payments and other remunerations under these agreements ... If the total amount of paid insurance premiums during the calendar year for the specified persons is less than the fixed amount of the insurance premium for compulsory pension insurance, the period (in months) of duration calculated in proportion to the paid insurance premiums, but not less than one calendar month is included in the insurance period. (30 days). The period counted in the insurance period in connection with the payment of insurance contributions to the Pension Fund of the Russian Federation from payments and other remuneration under these agreements, if there are periods of work and (or) other activities, other periods in the corresponding calendar year, is taken into account in such a way that the insurance period for the corresponding calendar year did not exceed one year (12 months).

The presence of insurance experience is one of the criteria for determining the right of a citizen to retire in 2020. Requirements for the minimum required length of service for applying for an insurance pension have been increasing annually, starting in 2015. To receive payments in 2020, you need to have insurance experience (standards for 2021 and further, see c).

In insurance experience, in accordance with law No. 400-FZ "On insurance pensions" the following are included:

Since 2019, there has been a new basis for early retirement in pension legislation - the presence of a long work experience (). Its calculation is different from standard scheme, since in its duration not all periods are included(for example, military service does not count).

For some types of pension, the duration of special experience- labor activity by profession or in certain working conditions. This applies to recipients of pensions, pensions and seniority (, etc.).

What is length of insurance?

The concept of insurance experience is defined in Art. 3 of Law No. 400-FZ. This is the total duration of the labor activity of a person and others, the list of which is enshrined in the law. Before system changes pension provision in 2015, instead of this term, the concept was used "seniority".

Duration of the insurance period directly affects the size of the pension:

• The longer a person works, the more insurance premiums the employer pays for him.
• From the insurance premiums on the personal account of the citizen, they are formed, with the help of which the size of the future pension.

In addition, citizens who or did not have enough to minimize established standards will not be able to receive an old-age insurance pension. They will be entitled only, which is assigned later than the insurance one (at 70 years old for men and 65 for women), and its amount is fixed for all recipients of this type of security.

Insurance and seniority: what is the difference?

Despite the changes in legislation, the concept of seniority is still applied in practice today.

• It includes all periods of work activity and other periods that take place before early 2002.
• Its duration is used to calculate the amount of citizens' pension as of that date. After this time with the implementation of reforms, the definition pension rights and the calculation of the payment depends on the insurance experience.

What is included in the insurance experience

In accordance with the law of December 28, 2013 No. 400-FZ "On insurance pensions", the length of service includes the following periods of work or other activities performed by citizens of the Russian Federation:

1. On the territory of the Russian Federation, provided obligatory payment contributions to the FIU.
2. In other countries, in cases stipulated by the legislation of the Russian Federation or international treaties of the Russian Federation, or subject to the payment of contributions to the PFR.

In addition to the periods of work, the insurance period will include the duration provided for by law, during which contributions are not deducted.

Note that not all periods included in the insurance period are counted in the length of service for. For example:

• the duration of work in conditions is important Far north or areas equated to them;
• (37 years for women, 42 for men), the duration of work and paid sick leave will be summed up (without socially significant periods).

What "non-insurance" periods are included in the insurance experience

The insurance experience, in addition to the time of work, includes the periods listed in Part 1 of Art. 12 of Law No. 400-FZ. These include:

• receiving benefits in connection with the onset of temporary disability;
• care of a mother or father for each child up to his age of 1.5 years (total no more than 6 years);
• receiving unemployment benefits, performing paid public works, the time of moving to another area to get a job on a referral from the employment service;
• being in custody and in places of restriction of freedom, exile in case of unreasonable prosecution, if innocence is then proven;
• caring for a disabled person of the 1st group, a disabled child, citizens over the age of 80;
• residence of a soldier's wife in an area where she cannot get a job (no more than 5 years);
• residence outside the territory of the Russian Federation of spouses of citizens performing duties in representative offices and consulates of the Russian Federation (no more than 5 years);
• statutory period "On operational-search activity".

These periods will be included in the insurance experience if before and after them there were periods of work (regardless of their duration) during which the transfer of insurance premiums to the FIU took place.

Retirement experience in Russia under the new law

After the reform of the pension system in 2015, the requirements for minimum size length of service for the appointment of an insurance retirement pension began to increase annually.

Note that the changes did not affect the length of service for the appointment of an early pension specific categories citizens specified in Article and Law No. 400-FZ (employees of Lists and preferential categories).

Minimum length of service for calculating a pension in 2020 in Russia

To assign an old-age insurance pension in 2020, you must have at least 11 years of insurance experience... The minimum seniority requirement will gradually increase, adding one year each year. For example, already in 2021, to establish a pension, you need 12 years of insurance experience, in 2022 - already 13 years, until it reaches 15 years by 2025. Besides m (table below).

Retirement experience in Russia under the new law (table 2020)

Rules for calculating and confirming the insurance experience

The procedure for calculating the insurance experience is regulated by Article 13 of Law No. 400-FZ, which provides for the following points:

When appointing a pension, it is not always required to confirm the length of service.

The periods of work after the introduction of individual (personified) accounting (IPU) and the receipt of SNILS are automatically confirmed on the basis of the information recorded on the individual personal account of the future pensioner.

Confirmation of periods of employment prior to the introduction of individual accounting may be required:

• In the absence of relevant data in the FIU. In this case, as a rule, supporting documents are required from the employer or from the state. bodies in the manner prescribed by law.
• In case of destruction without the possibility of restoration or loss of work documents through no fault of the employee. In this case, the establishment of the length of service (with the exception of the nature of work) occurs on the basis of testimony ( 2 or more people).

Insurance experience is of great importance for calculating a pension. We tried to outline in our article what is included in the insurance experience and how to calculate it.

Periods for calculating the insurance experience

The insurance experience includes periods of work and other activities on the territory of the Russian Federation, provided that insurance contributions to the Pension Fund of the Russian Federation were paid for these periods. These are the so-called periods included in the insurance period. Insurance premiums for a citizen are paid by his employer. Therefore, the main feature of these periods included in the insurance period is that the citizen worked officially during these periods. In this case, it does not matter whether the citizen worked under an employment contract, provided services or performed work under service contracts or work contracts. The main thing is that during these periods, his employer or customer pays insurance contributions to the Pension Fund.

However, there are other periods when a citizen did not work, and insurance contributions to the Pension Fund were not paid for him. Such periods can be included in the insurance experience. These are the so-called "non-insurance periods" that are included in the insurance period. Those. when assigning an insurance pension, these non-insurance periods are also taken into account. Examples of non-insured (included in the insurance period) periods are periods of military service on conscription, being on parental leave.

What is included in the insurance experience

The insurance experience includes time, or rather, the periods of work of a citizen only if the following conditions are met:

1. during these periods, the citizen worked or carried out other activities;
2. work or other activity was carried out on the territory of the Russian Federation;
3. the citizen was a person insured in the compulsory pension insurance system;
4. insurance premiums were paid during these periods.

If at least one of the specified conditions is missing, then this period will not be included in the insurance experience.

We would like to draw your attention to one important circumstance. If a citizen worked before January 1, 1991, and contributions to state social insurance were paid for him, then this period is included in the insurance experience. Also, the insurance experience includes periods of work from January 1, 1991 to January 1, 2002, if during this period a single payment was made. social tax or a unified tax on imputed income (for certain types of activities). For example, a citizen from 1980 to 2015 worked in different organizations, and at the same time, until December 31, 1990, employers made payment of insurance contributions for state social insurance, and from January 1, 1991 - payment of insurance contributions to the Pension Fund of the Russian Federation. In this case, the period from 1980 to 2015 will be included in the citizen's insurance record.

What periods are included in the insurance experience

There are other periods included in the insurance experience. These are the so-called non-insurance periods, which are not included, but are counted in the insurance period. If periods of employment included in the insurance experience (and one of the conditions for inclusion in the experience is the payment of insurance premiums), then non-insurance periods counted in the insurance experience without paying insurance premiums.

The legislation provides for ten non-insurance periods that are included in the insurance experience:

1. the period of military service, as well as other service equivalent to military;
2. the period of being on sick leave, i.e. receiving benefits for compulsory social insurance during incapacity for work;
3. the period of care of one of the parents for each child until they reach the age of one and a half years (but not more than six years in total);
4. the period of receipt by a citizen of unemployment benefits;
5. the period of detention and serving punishment of persons unreasonably involved in criminal liability;
6. the period of caring for a person who has reached the age of 80, for a disabled child or for a disabled person of group I;
7. the period of residence abroad of spouses of employees of diplomatic missions and consular offices of the Russian Federation, representative offices of the Russian Federation at international organizations, trade missions of the Russian Federation;
8. the period of residence of the spouses of military personnel undergoing military service under the contract, together with the spouses in areas where they could not work due to the lack of employment opportunities (but not more than five years in total);
9. the period counted in the insurance experience in accordance with part 6 of Art. 18 of the Federal Law of 12.08.1995 N 144-FZ "On operational-search activities";
10. the period during which persons who were unjustifiably brought to criminal responsibility and subsequently rehabilitated were temporarily removed from office (work) in accordance with the procedure, established by law RF.

IMPORTANT: the periods listed above are included in the insurance period only if these periods were preceded and / or followed by periods of work and / or other activities, during which insurance contributions to the Pension Fund of the Russian Federation were calculated and paid. In this case, the duration of the "insurance" periods can be any.

For “non-insured” periods, pension points are awarded for a full calendar year. If the length of the “non-insured” period in the corresponding calendar year is less than 12 months (say, 252 days), then the pension points for that period are adjusted for the proportion of the non-insured period in relation to the calendar year.

How is the insurance period calculated

Let us immediately note one terminological feature. Should not be mixed calculus insurance experience and count insurance experience. The rules for calculating the insurance period are included in the procedure for calculating the insurance period, i.e. counting is a way of calculating and has a narrower focus.

Section 13 of the Insurance Pension Law sets out in detail how the insurance period is calculated. The length of service is calculated:

1. in a calendar order;
2. in case of coincidence in time of periods that included in insurance experience, and periods that counted in the insurance experience, only one of such periods is taken into account at the choice of the citizen.

The calendar procedure for calculating the insurance experience means the following: a full calendar year consists of 12 calendar months; full calendar month is 30 calendar days regardless of the actual length of the month. The legislation does not provide for any preferential calculation of the insurance period.

Article 14 of the law on insurance pensions regulates the rules for calculating the insurance experience in the system of compulsory pension insurance.

If in the same period of time there are periods that can be included or counted in the insurance experience, then one of the periods at the choice of the citizen is taken into account.

before registration a citizen as an insured person, are confirmed on the basis of information of individual (personified) accounting in the Pension Fund of the Russian Federation for the specified period and / or documents issued by employers.

When calculating the insurance period, the periods included and counted that have taken place after registration a citizen as an insured person, are confirmed on the basis of information from individual (personified) accounting in the Pension Fund of the Russian Federation.

Is study included in the insurance experience

Off-the-job studies, such as full-time higher education educational institution, the insurance experience is not included.

But if you study without interrupting work or other activities, and during this period your employer calculates and pays insurance contributions to the Pension Fund of the Russian Federation, then the study time will be included in the insurance experience.