LawState and Law

Does the study include work experience for calculating a pension?

The pension accrual of each citizen depends on what time in his life he has worked. And the more the threshold exceeds the minimum length of service, the higher the pension accruals. Does the study include work experience? After all, there are citizens who can devote their entire life to study.

Seniority

Under the length of service in the legislation means the total time of a worker or other socially useful activity of an employee. This concept is the basis for the emergence of the right to pension accruals, leave, cash compensation for temporary incapacity for work, and in some cases even for the payment of wages.

The main document that can confirm the existence of work experience is the work record form. Therefore, it is especially important to properly store and fill out this document.

Kinds

The main types of work experience include:

  1. Common. This type refers to all periods of work and other activities, as well as periods indicated by legislation. The length of the total length of service does not depend on the type of activity, the reasons for changing the place of work, and the reasons for the breaks between the work. The calculation of such length of service is done in a calendar way.
  2. Special. This type includes the total amount of time that a citizen has worked in specific branches of the economy or areas of activity. The list of such professions is rather narrow and is regulated by special normative documents.
  3. Continuous. The type of work experience, which is determined by the work without interruptions in activity at one enterprise. Also, the length of service is considered to be continuous if less than a month has elapsed between job changes.
  4. Insurance. The period during which the employer conducted transfers for his employee to the pension fund.

What does the experience include

Whether the study is part of the work experience, we will find out when we analyze what kind of activity includes the length of service. According to the legislative acts, it includes:

  1. Official employment.
  2. Registration as a private entrepreneur.
  3. Work in municipal or civil service.
  4. Maternity leave (in this case, the total care for a child can not exceed six years).
  5. Military service.
  6. Period of temporary incapacity for work, if payments were made within the framework of social insurance.
  7. The period of imprisonment.
  8. Period of supervision of a person with disabilities.
  9. Period of receipt of cash payments when registering at the labor exchange.

As can be seen from the list, there is no inclusion in the work experience. However, training in higher educational institutions of the Ministry of Internal Affairs is counted in seniority.

Full time

Some citizens have a record in the employment form that they studied at the university. In this case, does study include work experience? No. The current normative acts say that the calculation of the length of service and the definition of pension accruals are taken into account only during the period of work and other activities during which transfers were made to the pension fund.

Training, even if the citizen received a scholarship, does not provide insurance contributions, so full-time education can not be included in the length of service.

If in full-time study the student is arranged for an official job, an employment contract is drawn up with him and wages are paid to him, from which the employer deducts insurance premiums, in this case the study is included in the length of service.

Russian law allows you to start working with 14 years, so even school years can be taken into account in the work experience.

Distance learning

In itself, tuition does not involve any payments, therefore, this period is not taken into account when calculating the length of service. But studies and work experience will intersect, if the citizen during the correspondence course will be officially employed. This also applies to the time when the training takes place without interruption from the main work. The employer provides the student with not only a workplace, but also all the relying privileges in the form of salaries, vacations, sick leave, and the opportunity to leave for the session while maintaining wages.

At the same time during the training for the employee goes deductions to the pension fund. Therefore, does the study include work experience in this case? Yes, it is. So it goes in parallel with work.

Education after the university

According to Federal Law No. 125, postgraduate education, namely postgraduate study, is considered a form of education. Therefore, citizens who have a higher education can go on to further postgraduate studies both in full-time and part-time departments. And earlier we found out that the very fact of studying is not counted in the work experience. Therefore, getting a post-graduate education and nowhere else working, a citizen can not count on a seniority. The same applies to residency. It is considered an integral part of the training and is separate from work.

But studies are counted in the work experience in the case of internship. Its legislation regulates as a specialization, obtained after the university, during the year. Interns are appointed to this position by the head physician. The basis for the work is the order for admission to the internship. Accordingly, the intern is paid a salary, and the employer also deducts contributions to the fund for the future pension.

Interns must comply with the internal labor regulations, they have all the rewards that are available to the rest of the medical staff. Consequently, in the case of internship, study is part of the work record and is part of the work. This period should be taken into account when calculating a pension.

Training in specialized higher education institutions and seniority

First, let's consider who has the right to expect pension accruals for seniority:

  • A person who has reached the age of 45 years;
  • A person whose work experience exceeds 25 years;
  • A person whose experience in the military, fire service, service in the Ministry of Internal Affairs, as well as institutions of the correctional system is 12.5 years.

In universities of the Ministry of Internal Affairs, applicants who are under 25 years of age and have secondary or special education are admitted. When the Ministry of Internal Affairs pays for training, a contract is entered into with the entrant, which obliges him to conduct a follow-up service for at least five years.

Previously, the law established that specialized education is part of the work experience, that is, training is equated to work, and, consequently, the length of service was accrued.

Today, MVD cadets are partially equated with law enforcement officers, have some privileges from the Ministry of Internal Affairs employees, and after graduation receive a title that gives them the right to have a length of service while they are studying.

Training in a civil institution of higher education and seniority

Training, which takes place at a civil educational institution in the areas of the Ministry of Internal Affairs, is necessarily included in the length of service for the student. But if training passes in civil areas, the calculation here is completely different. In the service in this case, two months of training will be counted as one month of service. The maximum period of study, which will be included in the length of service, is five years.

What gives the reserve officers or female officers civil training at the institute? The length of service (or length of service) in this case is calculated as follows: officers assigned to the service from the reserve and female officers who are not in the reserve receive a half-year of service for a year of study. This is provided that in the civil institution of higher learning, where the training took place, there were military training departments.

Including the length of service, and therefore, in the length of service will include those years of training, when a person was enrolled in a specialized military university until the end of training.

What conclusions can be drawn? The training itself, both full-time and part-time, is not included in the length of service, and this period of time is not taken into account when calculating a pension. But in the event that during the period of study the student had an official job placement, it automatically falls into the length of service, as the employer paid insurance contributions to the pension fund. A special situation for cadets of specialized institutions of the Ministry of Internal Affairs. Here, training is included in the length of service.

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