Changes in the appointment of professional pensions. From January 1, 2020, the approach to granting preferential pensions has changed.
On January 17, 2020, the President of the Republic of Belarus signed Decree No. 15, based on which, from January 1, 2020, the approach to granting preferential pensions has changed, and from January 1, 2021, the rates of contributions for occupational pension insurance will increase.
The Decree concerns individuals who are establishing their right to pensions for work under special working conditions and due to employment in certain types of professional activities. These include, in particular: civil aviation flight and engineering and technical personnel; female workers in textile production; female and male tractor drivers-machinists in agricultural production; passenger transport drivers; female operators of livestock and pig breeding complexes and mechanized farms, as well as milking machine operators; certain categories of artists; workers of expeditions, parties, detachments; professional athletes; certain categories of medical and pedagogical workers.
Until the Decree came into force, the period of occupational service accumulated from January 1, 2009, in accordance with the norms of the Law of January 5, 2008 No. 322-Z "On Occupational Pension Insurance" (hereinafter referred to as the Law on OPS) played a significant role in granting preferential pensions to the above-mentioned categories of workers.
For reference: occupational service is the duration of an employee's (insured person's) work under special working conditions, during which the employer paid contributions for occupational pension insurance for them.
Sums of insurance contributions and income from their investment are accumulated on the professional part of the insured person's personal account.As of January 1, 2020, the situation has changed for the specified category of employees. Now, having a general work experience in unfavorable working conditions, the majority of which falls within the period before January 1, 2009, grants the right to an old-age labor pension for work in special conditions or for length of service under the Law on Pension Provision. The period of professional experience accumulated after January 1, 2009, does not play a role.
Let's provide a few examples. First: for a female driver of urban transport (tram, trolleybus, bus), labor legislation provides for a cumulative preferential service record of at least 15 years for the appointment of a preferential pension. If the majority of this period, at least 7 years and 6 months, falls before January 1, 2009, then such an employee can count on an old-age labor pension 5 years earlier than the generally established retirement age, according to the pension provision law. Second: if a man working as a tractor driver-machinist in agricultural production, directly involved in the production of agricultural products, for whom legislation provides for a cumulative preferential service record of at least 20 years, the majority of which – at least 10 years – falls before January 1, 2009, then this employee can also apply for an old-age labor pension.
For reference: for those employees who carried out their labor activity on a full-time basis in heavy and particularly heavy working conditions at certified workplaces – according to the lists of industries, jobs, professions, positions, and indicators, employment in which grants the right to an old-age pension for work in special conditions under List No. 1 and List No. 2, the analogousthe approach to determining the right to an early professional pension was provided for by Decree of the President of the Republic of Belarus No. 441, and has been applied since October 1, 2013.
The labor, employment and social protection departments of district (city) executive committees are responsible for the appointment of labor pensions for work in special working conditions or for length of service under the Law on Pension Provision.
As for employees wishing to exercise their right to early pension provision, who do not have special service before January 1, 2009, or have less than half of the full preferential service established by law, they will be entitled to an early professional pension in accordance with the Law on PPS. In this case, all norms provided for by Article 11 of the Law on PPS must be observed: reaching the required age and having professional work experience.
It should be noted that such employees, instead of professional pension insurance, can also take advantage of the right to receive monthly additional payments, in the amount of at least the sums of contributions for professional pension insurance due for payment to the budget of the state off-budget social protection fund, in accordance with the tariffs approved by law.
Employees who have worked more than half of their preferential service before January 1, 2009, are not entitled to additional payments.
District departments of the Social Protection Fund are responsible for the appointment of early professional pensions. And decisions on additional payments instead of professional pension insurance are made by employees together with the employer.
In the event that contributions for professional pension insurance were made for an employee and they did not exercise their right to an early professional pension, as well as forinstead of professionalX-NONE