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Preferential pension and seniority pension are among the issues with which clients often turn to the team of the Prikhodko&Partners law office. We specialize in various areas of law, including pension law, so you can learn everything you need not in general terms, but specifically in accordance with your situation. We can also provide legal support for your interaction with authorized state bodies and representation in court.
What legal acts regulate the issue of preferential pension and seniority pension?
So, when we talk about preferential pension and seniority pension, the key laws governing this issue are the following:
- “On mandatory state pension insurance”;
- “About pension provision”.
Let’s touch on articles 13 and 114 of the mentioned legal acts. List 1 and List 2 are mentioned there, which include a list of professions with difficult and harmful working conditions. For example,
List 1 lists a wide range of mining jobs, professions in the field of ferrous metallurgy, production of coke products, refractories, non-ferrous metals, generator gas. There are also a significant number of professions in the field of chemical production, manufacturing of equipment for television, radio and communication, health care, printing, etc. These are just a few examples, and the list itself is much broader. The same applies to Schedule 2.
In addition, the right to a preferential pension in accordance with Article 114 can be used by other persons, in particular:
- men who work as tractor drivers and are directly employed in the production of agricultural products in collective farms, state farms, and other agricultural enterprises;
- women who work as milkmaids (machine milking operators), pig farmers-operators in collective farms, state farms, other agricultural enterprises, and others.
Also, in the context of current legislation, it is worth paying attention to Articles 54 and 55 of the Law “On Pension Security”. The aforementioned legal norms clearly regulate the rules for assigning a pension based on years of service for:
- certain categories of aviation and flight test personnel (including flight and flight test personnel, air traffic control personnel who hold a dispatcher’s certificate, engineering and technical personnel, flight attendants);
- certain categories of workers in other branches of the national economy (including workers in education, health care, and social security; athletes – honored masters of sports, masters of sports of international class – members of national teams; operators (dockers-operators) of complex teams on loading and unloading works in ports and others).
It can be difficult for a person who does not have the practice of analyzing regulatory and legal acts to understand and find out what exactly he can count on in the context of a pension on preferential terms. That is why there are professional lawyers to clarify everything in a consultation format. Clients very often turn to our law office with such questions, so we will help with quality.
What are the key conditions for receiving such a pension?
In order to issue a retirement pension, you need:
- have the experience specified specifically for your profession and position;
- must resign from a job that gives the right to such a pension (that is, being a working pensioner in such a position is not allowed).
As for the key condition for issuing a preferential pension, it is the presence of a certain length of service, including at work with difficult or harmful conditions.
Why sometimes you have to defend the truth in court?
Indeed, there are many situations when, without competent representation, it is difficult for a pensioner to protect and defend his rights in court. This happens because the authorized representatives of the Pension Fund often act contrary to the current legal norms. A pensioner is either not credited with seniority in accordance with the prescribed rules, or is not taken into account all those types of financial support that should affect the size of the pension. However, such cases are winnable, so you know where to go to protect your legal rights and interests.
We are ready to answer your questions in more detail during the consultation. And if your pension rights are violated, we will help you defend them effectively.