What to do to retirement did not refuse?
Can refuse to assign a pension?
The closer a person's age is close to retirement, the sooner the preparation of the necessary documents begins for submission to the appropriate authorities. It would seem that there is a need for not so many documents - a personal employment record and references from employers, but in practice it is not so simple.
Can refuse to assign a pension? It is easy to understand, considering for example a few situations.
The situation is the first.
A person who has worked for a certain number of years in a workplace with harmful working conditions (say, a chemical plant) has the legal right to go on a well-deserved rest due to the length of service. At the same time, having all the necessary documents, he turns to the state institution of the Pension Fund of the Russian Federation (UPF RF) for registration as a pensioner. But the commission, whose composition makes decisions about the appointment, recalculation and payment of pensions, refuses this person.They explained this by the fact that the employee’s work record included one position that he held for a year, but the work in this position is not listed in the list of jobs and professions for which an opportunity to apply for a preferential pension is provided. And no one cares about the fact that at the time when a person held this position, she was listed on this list, and by his retirement the law was changed and the position was simply deleted from it. It turns out that a person in his youth conscientiously worked in production under hazardous working conditions, but in his old age he absolutely did not take it into account. After that, the person sends his disagreement to all possible instances, up to the ministry, but, unfortunately, this did not lead to any result, everyone in this case referred to the existing law and advised to take it for granted. There was only one thing left - to go to court and there seek their legitimate right to get a preferential pension. In court, all the old documents from the main archives are raised, all the necessary evidence is gathered that the position was simply renamed in the process of changing the existing law.But at the same time, the record in the workbook did not change, because at the time of the adoption of the new law, this person occupied a completely different position. And it was very difficult to prove this, it took a lot of time to collect all possible evidence and necessary documents, but the result was worth it - the court still recognized the right of a person to receive a preferential pension, in connection with the fact that these posts were completely identical.
Consider the second no less interesting situation.
It's time for the person to collect all the necessary documents for the registration of a pension and it turns out that the company that he worked on for many years has long since been liquidated and, accordingly, there is no way to take any documents. It seems like nothing is scary here, after all, a person still pays a pension, but the sad fact is that the income at this enterprise, the person was the maximum for all the time that he worked, and now his pension will be much less than what he was entitled to. In this case, according to the law, it is necessary to take into account documents that indirectly confirm income.But again, in order to find a way out of this situation, it is also necessary to apply to the court. There it is necessary to provide all possible evidence that a person really had a certain income at the time specified by him and ask the court to take all measures to establish the necessary facts. The court, in turn, must send requests to all instances and archives in order to obtain at least some of the preserved information. In court, the pensioner was given his union ticket, which indicated the amount of all contributions - they depended directly on the amount of his income, as well as witnesses (former employees and colleagues) who confirmed the fact that this person, for a number of years, worked for liquidated enterprise and received a salary of the appropriate size.
The court also approved a number of facts without documentary evidence, since it was not possible to restore the relevant documents, but, nevertheless, the pensioner managed to get his deservedly earned pension and receive a positive court decision in his favor.
What to do to retirement did not refuse?
Can refuse to assign a pension? What to do to retirement did not refuse?
- In connection with the above, advice to all future retirees - regardless of your age, begin to collect all the necessary documents for the registration of a pension already now, this will save time and further avoid unnecessary litigation.
- Carefully study your workbook, make sure that all records are made in accordance with the rules, determine the periods of the highest salary for any 60 months that are running in a row.
- If necessary, get advice from an FIU specialist regarding the calculation of a pension and the correct calculation and enrollment of seniority, if you are preparing to receive benefits and retire on a length of service.
- Ask to check your work book, if it suddenly turns out that the records were made incorrectly, specify who to contact, what to correct the situation, you need to do this in advance, without waiting for a period when you will need to file it in the place with the documents for the pension.
- According to the rules for registering the retirement age, you can apply to the appropriate authorities one month before you receive a legal right to file your pension.This will give you the opportunity to find out all the nuances that may affect the design, accrual and amount of your pension, and in case of any problems you will have the opportunity to solve them in a timely manner.
Can refuse to assign a pension? If you have changed your previous address of residence, you need to notify the employer and the employee of the FIU directly at the place of your new registration, fill out the necessary application and necessary documents there, do not forget that you must have a passport or other document with you that identifies your identity. Remember that sooner or later each of us will need to retire and think about it better in advance.
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