A man turned to me for legal assistance, let's call him Grigory, who, by the decision of the Pension Fund, was denied the appointment of an early insurance old-age pension in accordance with clause 1, part 1, art. 30 of the Federal Law of December 28, 2013, FZ No. 400-FZ “On Insurance Pensions” due to the lack of the required length of service in the relevant types of work.

The benefit period did not include the period from 07/06/2005 to 03/01/2016 (10 years 07 months 25 days) as a fixed-route taxi bus driver in SE KO "Kemerovo autocolumn".

According to paragraph 10 of part 1 of Art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”, an old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30: for men upon reaching the age 55 years of age and women upon reaching the age of 50 if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes respectively, at least 20 years and 15 years and have an insurance record of at least 25 years and 20 years, respectively.

In the decision to refuse the appointment of an early pension, the Pension Fund referred to the fact that paragraph 10 of Part 1 of Art. 30 The Law “On Insurance Pensions” does not provide for the position of a “route taxi driver” - there is only a “bus, trolleybus, tram driver”.

The second argument was the lack of confirmation of the special experience with the information of individual records.

In the statement of claim, we referred to the fact that working conditions the taxi driver and the bus driver are identical - increased danger of traffic, frequent stops, work mode is associated with an early start and late end, traffic intensity on city routes.

Basically, we had two tasks:

• to prove that Gregory during the disputed period was employed on regular city passenger routes;
• prove that during the disputed period they performed work during the full working day.

To do this, waybills, pay slips (pay slips), the employee's personal card, passports of the routes on which Grigory worked during the disputed period were attached to the case file. I was pleased that the employer had all the necessary documents for the entire period. In addition to waybills, which are stored for only 5 years, i.e., waybills could only be provided to us for 2012-2016.

At the court session, the judge proposed to conduct an examination of working conditions, which "will not cost us anything." It was difficult to refuse such an offer, although I personally was worried about the possible conclusions of this examination.

But it was necessary to go to the end - she filed a petition for the appointment of this examination. Appointed.

The expert was asked 2 questions:

1. Does the work of Grigory during the controversial period as a fixed-route taxi driver correspond to work as drivers of buses, trolleybuses, trams on regular city passenger routes, provided for by the Law "On Insurance Pensions" for the early assignment of an insurance pension.
2. Was the work performed by Gregory during the specified period in full-time conditions, that is, at least 80% of the working time?

The expert gave an affirmative answer to the first question - Grigory's work during the disputed period corresponded to the work of a bus driver on regular urban passenger routes.

The expert could not answer the second question. But in the text of the examination itself, a hint is given: “an employer can confirm work in full-time mode with a certificate”

But the employer did not want to give such a certificate, with the words "We do not give such certificates to taxi drivers, only to bus drivers."

But ... I managed to convince the employer that a certificate confirming the full-time employment of my principal in the position taxi driver won't hurt anyone. And the coveted certificate was received!

At the court session, she was attached to the case file and on the same day our claims were satisfied by the court.

More recently, the Moscow authorities supported a proposal to evacuate motor vehicles with a "disabled person" sign, which is illegally placed on the windshield.

In particular, according to the head of the Moscow Department of Transport Maxim Liksutov, such cars can be evacuated.

Soon in Russia there may be a serious punishment for those who illegally use the privileges of people with limited mobility. The amount of the fine for motorists who put their vehicles in places for people with disabilities is from 3,000 to 5,000 rubles.

Currently, in Moscow, 10% of parking spaces are allocated for the disabled. Recently, Deputy Mayor of Moscow for social development Leonid Pechatnikov proposed to evacuate cars illegally parked in parking lots for the disabled.

The issue of punishment for the illegal placement of the “disabled person” sticker is also being resolved.

Moscow Deputy Mayor for Social Development Leonid Pechatnikov made a proposal to evacuate cars parked illegally in parking lots for the disabled. Lawyers identify several difficulties in this situation:

• Check the legality of the sticker when the driver is present in the car. Then - yes, every disabled person has a supporting document with him. This is a certificate by looking at which the inspector can make sure that the sticker is legal.
• In the case of parking a “disabled” car, it is almost impossible to prove legality or illegality. Imagine: there is a car with a sticker in a place intended for the disabled. There is no driver. Don't wait a few hours. And what, then he will be fined, simply because of the suspicion that he theoretically can be disabled and not be? But this is nonsense. People will endlessly appeal against fines. As for the creation of a single base, this is also not easy. A person who has a disability needs to confirm it every few years. And if it is removed from the register (this happens), how quickly will it be removed from the database? Therefore, now the proposal raises rather a lot of questions.”

It should be noted that citizens who arrogantly pretend to be disabled enjoy the advantage of disabled people.

The effect of these signs that are violated by "pseudo-disabled people": 3.2 “Movement prohibited”, 3.3 “Mechanical movement”, 3.28-3.30 “Parking prohibited”, 3.29 “Parking prohibited on odd”, 3.30 “Parking prohibited on even” does not apply to vehicles driven by disabled people of groups I and II or carrying such disabled people.

Many people with disabilities drive under these signs without fear. Especially the sign 3.2 "Movement is prohibited", and others mentioned above.

So, drivers with disabilities must necessarily install the “Disabled” identification mark on their cars - optionally on the front or rear window. This applies primarily to disabled people of groups I and II or those who carry them.

And now let's look at the signs listed above, what they mean and what they free from.

Rules traffic Russian Federation for disabled drivers of groups I and II or transporting them, the traffic signs “Movement is prohibited”, “Movement of motor vehicles is prohibited”, “Parking is prohibited”, “Parking is prohibited on odd days of the month” and “Parking is prohibited on even days of the month” . There are also signs of additional information - "Disabled". Please note: in the description of the sign 8.17 only vehicles with the identification sign “disabled” are indicated, there is not a word about the disabled themselves. This means that the violation of the requirements of this sign consists precisely in parking a vehicle without an identification mark. The Basic Regulations on the admission of vehicles to operation and the obligations of officials to ensure road safety states that such an identification sign is installed at will, "Except for the disabled" and the corresponding markings. The sign "Disabled" under the sign "Parking place" says that its effect applies only to motorized wheelchairs and cars with the identification mark "Disabled". The sign "Except for the disabled" indicates that the validity of any sign does not apply to motorized wheelchairs and cars driven by people with disabilities. Only candidates for drivers should know the following: taking exams from citizens with disabilities, who are allowed to drive vehicles for medical reasons, is carried out on special cars with additional designs. Provided by their educational institution. At present, the Russian State traffic inspectorate is preparing a number of regulatory legal acts that amend the Federal Law "On Road Safety", the Rules for Passing Qualification Examinations and Issuing Driver's Licenses in order to optimize the procedure for allowing disabled people to drive a car, as well as significantly simplify the procedures for obtaining services in the traffic police.

The following cannot apply to disabled people:

• deprivation of the right to drive (with the exception of cases of driving while intoxicated, refusing to undergo an examination or leaving the scene of an accident);
• administrative arrest for disabled people of groups I and II.

All other requirements and traffic rules and the Code of Administrative Offenses apply to people with disabilities in full.

Are people with disabilities entitled to free transportation?

Federal Law No. 122-FZ of 22.08.2004 from Law No. 181-FZ of 24.11.1995 “On social protection Disabled Persons in the Russian Federation” excluded the provision granting disabled persons the right to receive specialized vehicles free of charge.

As we can see, the laws prescribe significant benefits for disabled people, as well as for persons transporting disabled people.

Traffic police officers have only one opportunity to determine whether the owner of the car is a person who has the ability to park his car under prohibition signs in the absence of the driver, this is sign 8.17 in front and behind the car.

Thus, if the driver of the vehicle is a disabled person of group I or II, but did not set sign 8.17, then the traffic police officer issues a fine and sends the car to the impound justifiably.

What does the law tell us about installing these signs on a car.

We open the “Basic provisions for the admission of vehicles to operation and the duties of officials to ensure road safety”, “approved by the Government Decree of October 23, 1993 No. 1090 ON RULES OF THE ROAD, and read in paragraph 8 the following:

At the request of the driver, identification marks can be installed:

"Doctor" - in the form of a square of blue color(side 140 mm) with an inscribed white circle (diameter 125 mm) on which a red cross is applied (height 90 mm, stroke width 25 mm) - in front and behind cars driven by medical drivers;

"Disabled" - in the form of a square yellow color with a side of 150 mm and the image of the symbol of the road sign 8.17 in black - in front and behind motor vehicles driven by disabled people of groups I and II, carrying such disabled people or disabled children.

As you know, "Disabled" stickers are sold freely in all automotive stores. What limits drivers to deceive the inspector by installing such a sign on their car?

The answer is simple - nothing.

The list of documents that the driver is required to present to the traffic police inspector is prescribed in 2.1.1 of the traffic rules, but there are no documents confirming the presence of a disability. This obvious "hole" in the law makes it possible to receive obvious advantages over other drivers.

Many drivers refer to the fact that this sign can be installed not only by disabled people, but also by persons transporting disabled people. However, this also most often will not work if the traffic police officer suspects fraud on the part of the driver. If you are in this moment do not transport a person with a disability of group I or II and do not expect him to arrive any minute, you will most likely be issued a fine. If there are objections on your part, the court will sort it out.

Thus, the presence of an obvious "hole" in the law does not always work in practice. A decent driver will never use the misfortune of a particular category of citizens. The attitude towards violators of this kind both on the part of the traffic police, and on the part of the judiciary, and on the part of other road users will always be unambiguous.

Interesting on the topic

Ludmila 29.11.2018 15:25
Now personalized signs of a disabled person are issued, on which everything is indicated: full name, group, and by what valid. So, whoever sticks a sign of a disabled person.

Michael 22.08.2018 20:15
The article was written by an ignoramus. There are legal errors.

Anastasia 16.03.2017 21:12
Hello. And what kind of disabled people of groups 1 and 2 and disabled children (carrying those) can stick a “Disabled” sign on their glass and use benefits? After all, there are people with disabilities not only in the musculoskeletal system, but also various others (general disease, neurology, gastrointestinal tract, cancer, psychiatry, etc., etc.).

Sergei 15.02.2017 15:12
I don't have a right leg above the knee. Tyukyu is getting a prosthesis. They gave me the 3rd group indefinitely. Did I break my stump? Is it THIRD to walk on crutches without a prosthesis?

Vladimir 28.10.2016 17:51
I still have a question. How to be a disabled person of the 3rd group who has permission for free parking and the sign cannot be used. The car can be towed and then prove that you are disabled.

Are you eligible for early retirement? Who is entitled to it? Did you know that the minimum age for granting an early old-age pension is 33 years?

This is provided that you got a job, for example, immediately upon reaching the age of majority and have worked in the relevant profession for at least 15 years. And if you go on a well-deserved rest for health reasons, then a preferential pension (labor pension or, as they are now called, insurance) can be assigned even earlier.

Early retirement

In total, there are 22 professional categories that give the right to early appointment of an old-age insurance pension, but subject to the necessary length of service in the relevant types of work. For example, if you are a tractor driver, then you need to work on a tractor for 15 years. In addition, the benefit pension is granted under certain social conditions.

old age insurance

An old-age insurance pension in Russia can be assigned before the achievement of the generally established retirement age(55 years for women, 60 years for men). Certain categories of citizens have this right.

Of the 22 preferential occupational categories, 12 offer a five-year discount when men retire at 55 and women at 50. This includes, first of all, work with difficult working conditions. The list of these works was approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10 - the full name is “List No. 2 of industries, jobs, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to an old-age pension (old age ) on preferential terms. Sometimes it (as well as List No. 1, which is discussed below) is adjusted based on decisions of the Ministry of Labor or the Supreme Court. However, for the most part, it remains unchanged, and for 25 years now it has been used to determine who in Russia is entitled to an early old-age pension.

Two more types labor activity Only women are allowed to retire at 50. The first type of work is tractor drivers in the countryside or in other sectors of the economy, as well as drivers of construction, road and loading and unloading machines. The second is employment in the textile industry at work with increased intensity and severity. Drivers of buses, trolleybuses, trams, both men and women, who work on regular urban passenger routes, can also retire five years earlier.

12 occupational categories that give men the right to retire at 55 and women at 50

Seniority

The same Decree of the Cabinet of Ministers of the USSR dated January 26, 1991 No. 10 approved a list of jobs with especially difficult working conditions - “List No. 1 of industries, jobs, professions, positions and indicators in underground work, in jobs with especially harmful and especially difficult working conditions, employment in which gives the right to an old-age pension on preferential terms.
The list includes professions that give the right to early retirement 10 years earlier than the generally established retirement age: for men at 50 years old, for women at 45 years old. At the same time, men must have a general insurance (labor) experience - at least 20 years, of which experience in the relevant types of work with especially difficult conditions - at least 10 years; for women compulsory general seniority- 15 years, of which 7 years 6 months - especially difficult working conditions. What is this labor? Construction of mines, mines, cuts; extraction of natural resources containing harmful substances of hazard class 1–3; control of the production of ferrous metals in hot areas and the like.

Only one type of work not included in this list makes it possible to retire 10 years earlier for men (5 years earlier for women) - this is work in the state fire service. Moreover, there are no requirements for the general length of service here, only work experience in the fire service is required - at least 25 years for men and women.

And there are eight types of jobs that allow you to retire even earlier than 10 years. This is due to the fact that these professions do not have requirements for either the retirement age or the mandatory length of service - only length of service in the relevant specialty is needed. Thus, for professional emergency rescuers, men and women, at least 15 years of experience in the relevant types of work is sufficient for retirement. If you got a job in the rescue service at the age of 18, then at the age of 33 you can apply for early retirement.

In such preferences in the civil service, only Russians who carry out creative activities on stage in theaters or in theater and entertainment organizations (although not all) can be compared with rescuers. Regardless of age, they can become retired early if they have the necessary length of service in the relevant types of work - at least 15–30 years, depending on the nature of their creative activity. Whatever the nature of the artist's activity, but if with his play he makes the viewer experience catharsis every time, then he has every right to become not only an honored artist, but also an honored pensioner at any age he wishes.

8 professional categories giving the right to retire regardless of age

Preferential pension

In addition to professional categories, the right to early retirement may be granted to citizens under certain social conditions. This benefit is provided for 10 categories of citizens.
1. Guardians of people with disabilities since childhood or persons who have been guardians of people with disabilities since childhood, who raised them up to the age of 8. Retirement Age: Reduce the general retirement age (60 for men, 55 for women) by one year for every one year and six months of guardianship, up to a maximum of five years in total. Required work experience: men - at least 20 years, women - at least 15 years.

2. Women who have given birth to 5 or more children and raised them up to the age of 8 years. Retirement age: 50 years. Required work experience: at least 15 years.

3. One of the parents of disabled children who raised them up to the age of 8 years. Retirement age: men - 55 years, women - 50 years. Required work experience: men - at least 20 years, women - at least 15 years.

4. Women who gave birth to two or more children and worked for at least 12 years in the regions Far North or at least 17 years in equivalent areas. Retirement age: 50 years. Required work experience: at least 20 years.

5. Citizens who became disabled due to military trauma. Retirement age: men - 55 years, women - 50 years. Required work experience: men - at least 25 years, women - at least 20 years.

6. Visually impaired people with group I disability. Retirement age: men - 50 years, women - 40 years. Required work experience: men - at least 25 years, women - at least 20 years.

7. Citizens suffering from pituitary dwarfism (Lilliputians), and disproportionate dwarfs. Retirement age: men - 45 years, women - 40 years. Required work experience: men - at least 20 years, women - at least 15 years.

8. Citizens who have worked in the regions of the Far North for at least 15 years or at least 20 years in equivalent areas. When working in the regions of the Far North and areas equated to them, each calendar year of work in areas equated to areas of the Far North is considered nine months of work in the areas of the Far North. Retirement age: men - 55 years, women - 50 years. Required work experience: men - at least 25 years, women - at least 20 years.

9. Citizens who have worked in the regions of the Far North for at least 7 calendar years 6 months. When working in areas equated to the regions of the Far North, as well as in the regions of the Far North, each calendar year of work in areas equated to the regions of the Far North is counted as nine months of work in the regions of the Far North. Retirement age: the insurance pension is assigned with a decrease in the generally established retirement age (60 years for men, 55 years for women) by 4 months for each full calendar year of work in these areas. Required work experience: men - at least 25 years, women - at least 20 years.

10. Citizens permanently residing in the regions of the Far North and equivalent areas and who have worked as reindeer herders, fishermen, hunters. Retirement age: men - 50 years, women - 45 years. Required work experience: men - at least 25 years, women - at least 20 years as reindeer herders, fishermen, hunters.

by the way

When determining the right to insurance pension in the "northern" regions, the List of regions of the Far North and areas equivalent to them, which was used when appointing state pension old age in connection with work in the Far North as of December 31, 2001.

For those who have worked for at least 15 years in the regions of the Far North or at least 20 years in areas equivalent to them and have the necessary length of service for an old-age pension, the age established for early assignment of an insurance pension is reduced by five years. Thus, the legislation for such citizens provides for a "double" reduction in the age for the appointment of the specified pension. For example, if you have the necessary insurance experience and length of service in the relevant types of work, work experience in the regions of the Far North for at least 15 years or in areas equivalent to them for at least 20 years, an early old-age pension can be assigned:

- in connection with employment in underground work, in work with harmful working conditions and in hot shops - upon reaching 45 years for men, 40 years for women (if they have been involved in these jobs for at least 10 years and 7 years 6 months, respectively, and have insurance experience of at least 20 and 15 years, respectively);

- in connection with work in difficult working conditions - upon reaching the age of 50 for men, 45 years for women (if they have been employed in these jobs for at least 12 years, 6 months and 10 years, respectively, and have an insurance record of at least 25 and 20 years, respectively).

Based on materials Pension Fund Russia.

1. Payment of wages to the employee at the place of work performed by him or transfer to the bank account specified by the employee every half a month within the terms specified in the collective agreement.

2. Payment sick leave depending on the insurance length of service, but not more than the maximum amount of benefits for temporary disability, pregnancy and childbirth, provided for by law.

3. Provision of annual paid regular holidays:

• to all employees of SUE "Mosgortrans" - 28 calendar days;
• disabled, WMO employees - one calendar month;
• youth under 18 - 31 calendar days;
• pedagogical workers - up to 56 calendar days, depending on the length of service.

4. Provision of additional paid holidays with payment of 100% of average earnings, including:

• for work with harmful and (or) dangerous working conditions - 12 working days per 6-day working week for drivers of buses, trolleybuses and trams of regular passenger routes;
• employees engaged in work with harmful and (or) dangerous working conditions;
• for irregular working hours.

5. Providing guarantees and compensations to employees who combine work with education (when receiving education of the appropriate level for the first time) in educational institutions having state accreditation and successfully studying in these institutions.

6. Payment of wages to students of bus, trolleybus and tram drivers during the training period.

7. As an encouragement to employees who have made a great personal contribution to the achievement of positive results of economic activity, as well as in the aftermath of emergency situations:

• cash bonuses are paid;
• badges, certificates of honor, diplomas are awarded;
• the best workers are listed on the Board of Honor;
• other incentives.

8. Vocational training, retraining and advanced training.

9. Providing a pension on preferential terms for work on regular urban passenger routes to drivers of buses, trolleybuses and trams working on regular urban passenger routes upon reaching the age of:

• men - 55 years (with work experience of 20 years);
• women - 50 years (with work experience of 15 years).

10. Provision preferential pension certain categories of workers according to List No. 2 of industries, works, professions with harmful and (or) dangerous working conditions.

11. Carrying out preliminary (when applying for a job) and periodic medical examinations of drivers and employees employed in work with harmful or dangerous working conditions.

Additional social benefits and benefits provided for by other agreements, local regulations

12. Acquisition of travel documents for ground passenger transport (bus, trolleybus, tram).

13. Payment for vouchers (from the funds of the enterprise, the fund for the development of the social sphere, the city committee of the trade union and the funds of branches) to summer health camps (departmental) in the amount of up to 90% of their cost.

14. Organization of hot meals for employees at terminal stations (where it is provided for by the route schedule) and in canteens on the territory of branches.

15. Partial or full payment for vouchers to recreation centers and boarding houses with treatment of SUE "Mosgortrans" within the limits of available funds.

16. Partial or full payment for vouchers for treatment within the limits of available funds.

17. Partial or full payment for vacation vouchers, excursions, visits to cultural events and sports events, holding corporate evenings of rest within the limits of available funds.

18. Provision of corporate clothing for passenger transport controllers and drivers working on regular urban (suburban) passenger routes, on custom and school transportation.

19. Providing children and grandchildren of employees with free tickets for children's New Year's performances or Christmas gifts.

20. Medical care for all categories of workers in the assigned city medical institution and health centers of branches.

On early retirement for drivers in detail 05 June 2015 Drivers of buses, trolleybuses and trams employed on regular city routes can retire earlier if important conditions. According to the NHS Research Service. The most popular profession that Novosibirsk residents were looking for in May of this year was the profession of a driver, including in public transport. It is worth noting that some representatives of this profession have the right to early appointment of an old-age insurance pension. This category includes drivers of buses, trolleybuses, trams employed on regular city routes. The listed citizens can retire earlier than the generally established retirement age: men at 55, and women at 50. But for the emergence of the right to early retirement, a number of important conditions must be met. First of all, they need, like all citizens, to “collect” at least 30 pension coefficients throughout their working life (taking into account transitional provisions). The second condition for the appointment of a "preferential" pension is the duration of the insurance period in the relevant jobs. So a man with a total insurance experience of 25 years must work as, for example, a bus driver on a city route, for at least 20 years. For women, the total insurance experience must be 20 years, and at least 15 years in the relevant types of work. The basis for granting the right to pension benefits to drivers of buses, trolleybuses or trams is full-time work only on regular urban passenger routes. For bus drivers, the period of work is included in the required special experience when employed in bus regular urban passenger transportation. This fact must be documented. As supporting documents, orders on the appointment of a driver of regular urban passenger routes, waybills, personal accounts, statements on wages, collective agreements and other documents containing the necessary information. Regular urban passenger traffic includes transportation on a regular route that runs within the city limits, the traffic schedule on such a route is approved and agreed with local authorities in the interests of all city residents. On such routes, transportation is carried out with a certain frequency according to the schedule with the boarding and disembarkation of passengers at the stops provided for by the route. The bus must pass all intermediate checkpoints on the route according to the schedule. Urban passenger bus transportation includes regular transportation that is carried out by a motor vehicle designed for the carriage of passengers, with more than 8 seats (in addition to the driver). during the day specified modes. Such drivers enjoy the right to pension benefits subject to documentary confirmation of the requirements for regular urban passenger bus routes. Drivers working on suburban, intercity, specialized routes, as well as drivers performing custom transportation of passengers on routes that are not regular city routes, or drivers of departmental transport transporting company employees are not entitled to pension benefits. If a bus driver, during working hours, along with work on regular city passenger routes, combines work on suburban routes or carries out custom transportation on routes that are not classified as regular city routes, then the issue of his right to an early appointment of a pension is decided depending on what percentage working time is the work that gives the right to this pension. If it is documented that employment on regular urban passenger routes is at least 80% of working time, then in this case they can be considered employed in jobs that give the right to early retirement. With the summarized accounting of working hours work time, confirming the employment of bus drivers on regular urban passenger routes, is determined based on the results of the month. Monthly working hours include the total time of work on the line on a regular city route, the time for preparatory and final work, pre-trip and post-trip medical examinations, elimination of operational malfunctions of the bus when working on the route, scheduled maintenance. In addition, the periods of work of drivers on regular urban passenger routes after January 1, 2013 are counted as a special length of service, taking into account which the right to early appointment of an old-age pension is determined, only if the employer pays insurance premiums at additional rates. After a special assessment of working conditions at the workplace, periods of work will be subject to offset in the special length of service only if, according to the results of a special assessment, a harmful class of working conditions is established at the driver’s workplace.