What specific years are included in the mixed length of service of the Ministry of Internal Affairs of Belarus? Attention: a trap set by insurance experience “Those who see how the military works do not criticize the increase in pensions”

Reader of the Vitebsk Courier: “ Nowhere in the world is there such deception»

Recently, the editors of the Vitebsk Courier received a letter from a resident of the regional center, in which he talked about how, according to the new pension legislation, military personnel, employees of the Ministry of Emergency Situations, the Ministry of Internal Affairs and persons equivalent to them fell into the “insurance trap”.

“There is such a profession - to defend the Motherland.” Photo by Svetlana Vasilyeva

The situation arose in connection with the introduction of new pension rules, according to which the period of service in law enforcement agencies is not included in the insurance period if the employee has not served 10 years.

That is, if a person for some reason does not serve the specified period, then he is deprived of the right to a departmental pension. In addition, the entire period of his service is not included in the length of service for the purpose of assigning an old-age pension on a general basis.This means that, for example, an employee, being dismissed after 9 years of service, will have to find a job and have time to develop an insurance record of at least 16 years today,- our reader explained.

According to the man, during the Soviet Union, law enforcement officers did not pay contributions to state social insurance.

This was the case in Belarus until recently. The state itself did not pay contributions to the social protection fund, what does this have to do with the employees? People were guaranteed that they were full-time employees, even with benefits.

And now these people cannot receive either an old-age pension on a general basis or a social pension, our reader noted.

According to the law, having reached retirement age, they do not even have the right to receive unemployment benefits or the right to targeted social assistance. But in fact, it is difficult to find a job to support yourself and your family. There is no such deception anywhere in the world! And failure to include conscript military service in the insurance work experience is the limit of imagination of Belarusian legislators of our time.

In our country, only the retirement age is consistent, and the minimum insurance period there is lower - 15 years. And the main difference is that conscription military service is included in the insurance period. In addition, maternity leave, caring for a disabled person of group I, a disabled child or a person aged 80 years or older are taken into account.

By the way, according to the Ministry of Labor, in 2015 there were about 1,000 people who found themselves in such a difficult situation. And their number increases over time. After all, the adoption of new decrees led to the fact that those who, for a long period of time, carried out socially useful activities that are not included in the insurance period, lost their right to a pension.

In 2018, an old-age labor pension on a general basis is assigned to men aged 61 years with at least 25 years of work experience, of which at least 16 years and 6 months of work experience with the payment of mandatory insurance contributions to the budget of the state extra-budgetary social protection fund.

Resolution of the Ministry of Internal Affairs of the Republic of Belarus 480 12/29/2012 On approval of the Instruction on the procedure for organizing work on the appointment and payment of pensions and benefits to persons of command and rank and file of internal affairs bodies, the Investigative Committee of the Republic of Belarus, the State Forensic Examination Committee of the Republic of Belarus, financial investigation bodies of the State Control Committee of the Republic of Belarus , military personnel of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus and members of their families

DECISION OF THE MINISTRY OF THE INTERIOR

OF THE REPUBLIC OF BELARUS December 2012 No. 480 On approval of the Instruction on the procedure for organizing work on the appointment and payment of pensions and benefits to the commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, financial investigation bodies of the State Control Committee of the Republic of Belarus, military personnel of the internal troops of the Ministry of Internal Affairs Affairs of the Republic of Belarus and members of their families

Based on paragraph 271 of the Resolution of the Council of Ministers of the Republic of Belarus dated July 5, 1993 No. 432 “On the procedure for calculating length of service, assigning and paying pensions and benefits to military officers, warrant officers, midshipmen, sergeants and foremen, soldiers and sailors undergoing military service contract, persons of command and rank and file of the Investigative Committee, internal affairs bodies, bodies and units for emergency situations, financial investigation bodies and members of their families" The Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve the attached Instruction on the procedure for organizing work on the appointment and payment of pensions and benefits to the commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, financial investigation bodies of the State Control Committee of the Republic of Belarus, military personnel of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus and their members families.

2. This resolution comes into force after its official publication.

3. Control over the implementation of this resolution is entrusted to the Main Personnel Directorate of the Ministry of Internal Affairs of the Republic of Belarus and the Department of Finance and Logistics of the Ministry of Internal Affairs of the Republic of Belarus. Minister Major General of Police I.A. Shunevich AGREED AGREED Chairman of the Committee Chairman of State Control of the Investigative Committee of the Republic of Belarus of the Republic of Belarus

A.S.Yakobson V.P.Shaev 12.28.2012.12.2012 APPROVED

Resolution

Ministry of Internal Affairs

Republic of Belarus.12.2012 No. 480

INSTRUCTIONS on the procedure for organizing work on the appointment and payment of pensions and benefits to the commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, financial investigation bodies of the State Control Committee of the Republic of Belarus, military personnel of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus and members of their families

1. This Instruction establishes the procedure for organizing work on the appointment and payment of pensions and benefits to military personnel (except for conscript military servicemen) of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus, to persons of command and rank and file of internal affairs bodies, the Investigative Committee of the Republic of Belarus, financial investigation bodies of the State Committee control of the Republic of Belarus (hereinafter referred to as employees), family members of deceased employees, as well as family members of deceased pensioners from among employees entitled to the appointment and payment of pensions and benefits in accordance with the Law of the Republic of Belarus of December 17, 1992 “On Pension provision of military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies" (Vedamastsi Vyarkhonaga Saveta Respubliki Belarus, 1992, No. 36, Art. 571) (further, if not otherwise established - family members of an employee, pensioner).

2. The assignment of pensions and benefits to employees, as well as family members of an employee or pensioner, is carried out by the financial and economic department of the Department of Finance and Logistics of the Ministry of Internal Affairs of the Republic of Belarus, the financial and economic departments of the department of finance and logistics of the main department of internal affairs of the Minsk City Executive Committee and departments of internal affairs regional executive committees (hereinafter referred to as financial divisions of internal affairs bodies).

3. The assignment of pensions to employees, as well as family members of an employee or pensioner, is carried out by the relevant financial unit of the internal affairs body on the basis of the following documents:

3.1. assignment of pensions for long service and disability:

Calculation of length of service for the assignment of a pension in the form in accordance with Appendix 1 to this Instruction (hereinafter referred to as the calculation);

Application for assignment (resumption of payment) of a pension in the form in accordance with Appendix 2 to these Instructions (hereinafter referred to as the application);

Cash certificate;

Certificate of illness - for pensioners who have been examined by a military medical commission;

The conclusion of the medical and rehabilitation expert commission (hereinafter referred to as MREC) sent to the financial division of the internal affairs body - for people with disabilities;

Copies of documents confirming periods of preferential calculation of length of service for granting a pension, receiving secondary specialized or higher education as students, work experience;

Photo of a pensioner measuring 30 x 40 mm;

Extract from the order of dismissal from military service or from service (exclusion from the lists of personnel);

Copies of documents confirming the right to benefits (if available);

3.2. appointment of pensions in case of loss of a breadwinner:

Calculation – for family members of deceased (deceased) employees;

Statement;

A copy of the death certificate (a certificate containing information from the death record) of the breadwinner or a copy of the court decision establishing the fact of death or declaring the breadwinner dead;

Extract from the order to exclude an employee from the list of personnel due to death (destruction) - for family members of deceased (deceased) employees;

A copy of the expert opinion on the issue of establishing the causal connection of an injury or disease that led to loss or partial loss of professional ability, disability or death, with the disaster at the Chernobyl nuclear power plant, other radiation accidents - in the event of the death of a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, other radiation accidents;

Cash certificate – for family members of deceased (deceased) employees;

A copy of the passport of a citizen of the Republic of Belarus or other identification document;

Documents confirming that a family member, employee, pensioner who applied for a pension is dependent on a deceased employee (retired employee) - for disabled family members of an employee, pensioner;

Certificate of non-receipt of a pension, issued by the body assigning and (or) paying a pension at the place of residence;

Certificate of residence and family composition of the deceased (deceased) employee (retired employee);

3.3. in addition to the documents specified in subclause 3.2 of this clause, when assigning pensions in the event of the loss of a breadwinner to family members of an employee, pensioner, specified in part three of Article 30 of the Law of the Republic of Belarus “On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies":

A copy of the birth certificate - for children of a deceased (deceased) employee (retired employee);

A certificate stating that a family member of an employee, pensioner, who applied for a pension, is a student (indicating the necessary information available to the educational institution, organization implementing educational programs of postgraduate education, other organization, individual entrepreneur, who, in accordance with the law, are granted the right carry out educational activities) - for students over 18 years of age;

The conclusion of the MREC sent to the financial division of the internal affairs body - for people with disabilities;

Documents confirming non-receipt of alimony from parents in the manner established by the legislation of the Republic of Belarus - for stepsons and stepdaughters;

A copy of the death certificate (a certificate containing information from the death record) of the parents or a copy of the court decision establishing the fact of death or declaring the parents dead - for brothers, sisters and grandchildren;

A copy of the court decision on adoption or establishment of guardianship - for families who have adopted children;

A copy of the decision of the local executive and administrative body to establish guardianship (trusteeship) - for persons over whom guardianship (trusteeship) has been established;

A copy of the marriage certificate (a certificate containing information from the record of the marriage act) - for the spouse of the deceased;

An extract (copy) from work records or other documents confirming employment - for a spouse or one of the parents or a grandfather, grandmother, brother or sister caring for the children, brothers, sisters or grandchildren of a deceased employee (retired person) from among employees) under 8 years of age;

Documents confirming family relationships with the deceased (deceased) - for disabled family members of the deceased (deceased);

Documents confirming the upbringing or maintenance of a deceased stepson or stepdaughter for at least 5 years - for the stepfather, stepmother of the deceased.

4. Preparation of documents necessary for the assignment of pensions and benefits to employees and family members of deceased (deceased) employees is entrusted to the personnel departments of internal affairs bodies, internal troops of the Ministry of Internal Affairs of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, financial investigation bodies of the State Control Committee of the Republic of Belarus (hereinafter - personnel units) at the last place of military service or service in the internal affairs bodies, the Investigative Committee of the Republic of Belarus and the financial investigation bodies of the State Control Committee of the Republic of Belarus (hereinafter - the service) of the employee before dismissal.

5. After issuing an order to dismiss an employee from military service or from service (exclusion from the lists of personnel), the personnel department, within ten working days, draws up a calculation, which, together with the employee’s personal file and the documents specified in paragraph 3 of this Instruction, necessary for the appointment (resumption of payment) of pensions and benefits is submitted to the relevant financial unit of the internal affairs body.

In the calculation, after each record of service calculated on preferential terms, the basis for preferential crediting of length of service is indicated (regulatory legal acts of the Government of the Republic of Belarus, lists of military units and formations that were part of the active army, and other documents).

When assigning a pension in accordance with paragraph “b” of part one of Article 14 of the Law of the Republic of Belarus “On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies” in the calculation Before the length of service, the length of service is indicated on the basis of the work book and other documents confirming the length of service.

6. The calculation of length of service (work experience) for the purpose of pensions in accordance with the Law of the Republic of Belarus “On pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies” is carried out according to the materials of the employee’s personal file, taking into account the norms of Decree of the President of the Republic of Belarus of November 13, 2006 No. 666 “On preferential calculation of length of service for the purpose of pensions” (National Register of Legal Acts of the Republic of Belarus, 2006, No. 187, 1/8072) and Resolution of the Council of Ministers of the Republic of Belarus dated July 5, 1993 No. 432 “On the procedure for calculating length of service, assigning and paying pensions and benefits to military officers, warrant officers, midshipmen, sergeants and foremen, soldiers and sailors performing military service under a contract, commanding officers and the rank and file of the Investigative Committee, internal affairs bodies, bodies and units for emergency situations, financial investigation bodies and members of their families" (Collected Resolutions of the Government of the Republic of Belarus, 1994, No. 12, Art. 213; National Register of Legal Acts of the Republic of Belarus, 1999, No. 42, 5/866).

Certain periods of work experience, military service or service that are subject to credit for years of service in calendar terms or on preferential terms must be confirmed by information provided by state archival institutions or other documents.

7. The application and other documents for the assignment of pensions are registered by employees of the financial division of the internal affairs body in the book of registration of pension documents in the form in accordance with Appendix 3 to this Instruction.

8. After receipt of all the necessary documents for the assignment of pensions, the financial division of the internal affairs body, within ten working days, draws up conclusions on the assignment of pensions (depending on the type of pension assigned).

If an employee is not familiar with the calculation within one month from the date of dismissal from military service or service (exclusion from the lists of personnel) without good reason, the personnel department submits to the financial department of the internal affairs body a certificate stating that it is impossible to complete the calculation in the manner established by this Instruction .

Without a written application from the employee, a corresponding conclusion on the assignment of a pension is not drawn up.

9. After approval of the conclusion on the assignment of a pension, the financial division of the internal affairs body draws up the pension file of the employee, family members of the employee, and pensioner, which is registered in the pension records book in the form according to Appendix 4 to this Instruction.

10. To issue a pension certificate in the form in accordance with Appendix 5 to these Instructions, the person to whom the pension is assigned submits in accordance with paragraph 3.14 of the list of administrative procedures carried out by government bodies and other organizations upon applications from citizens, approved by the Decree of the President of the Republic of Belarus dated April 26, 2010 No. 200 “On administrative procedures carried out by state bodies and other organizations upon applications from citizens” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 119, 1/11590), passport or other identification document, and your photograph in size 30 x 40 mm.

11. To increase the amount of pension for length of service in accordance with paragraph “d” of Article 15 of the Law of the Republic of Belarus “On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and divisions for emergency situations and financial bodies investigations" documents are submitted to the financial division of the internal affairs body confirming work experience from the date of dismissal from military service or from service until the day of reaching the age entitling to receive an old-age pension on a general basis (hereinafter referred to as the retirement age), calculated in accordance with part the first article 51 of the Law of the Republic of Belarus of April 17, 1992 “On Pension Provision” (Vedamastsi Vyarkhonaga Saveta Respubliki Belarus, 1992, No. 17, Art. 275). Copies of these documents are attached to the pension file.

12. To increase pensions in accordance with Article 45 of the Law of the Republic of Belarus “On pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies” to the financial division of the internal affairs body documents are submitted confirming the pensioner’s right to benefits. Copies of these documents are attached to the pension file.

13. Assignment of monthly benefits to family members of deceased (killed) employees in accordance with Article 361 of the Law of the Republic of Belarus “On pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies, the Investigative Committee of the Republic of Belarus, bodies and units for emergency situations and financial investigation bodies "(hereinafter referred to as the monthly allowance) is made by the financial division of the internal affairs body on the basis of an application for the assignment (resumption of payment) of a monthly allowance in the form in accordance with Appendix 6 to this Instruction (hereinafter referred to as the application for the assignment of a monthly allowance) and documents provided for by the Regulations on the procedure for assignment and payment of monthly benefits to certain categories of citizens, approved by Resolution of the Council of Ministers of the Republic of Belarus dated September 30, 2002 No. 1345 (National Register of Legal Acts of the Republic of Belarus, 2002, No. 112, 5/11223).

14. Based on the application for the assignment of a monthly allowance and the necessary documents, the financial division of the internal affairs body draws up a conclusion on the assignment of a monthly allowance.

15. To receive a one-time benefit in accordance with paragraphs 14 and 15 of Resolution of the Council of Ministers of the Republic of Belarus dated July 5, 1993 No. 432, family members of a deceased pensioner from among employees submit the following documents to the financial division of the internal affairs body:

Application for payment of a lump sum benefit;

A copy of the death certificate (a certificate containing information from the death record) of a pensioner from among the employees or a copy of the court decision establishing the fact of death or declaring the pensioner from among the employees deceased;

A copy of the marriage certificate (a certificate containing information from the record of the marriage act) - for the spouse of a deceased employee pensioner;

A copy of the passport of a citizen of the Republic of Belarus or other identification document of the citizen who applied for a one-time benefit;

Certificate of residence and family composition of the deceased employee pensioner;

A copy of the MREC's conclusion on establishing the disability of a citizen who applied for a one-time benefit - for the parents of a deceased pensioner from among employees who have not reached retirement age.

16. When paying a lump sum benefit to family members of a deceased pensioner from among the employees, a conclusion is drawn up on the payment of the lump sum benefit.

17. In order to ensure the correct payment of pensions and benefits, the financial divisions of the internal affairs bodies:

Explain to pensioners from among employees, as well as family members of an employee, pensioner, the procedure and deadlines for submitting documents, cases of termination of payment of pensions and benefits, as well as other circumstances determining the right to receive pensions and benefits;

Carry out a legal assessment of received documents for the payment of pensions and benefits, as well as the information contained therein;

Send additional requests to the relevant government bodies and other organizations that have the necessary information for the correct payment of pensions and benefits.

This period will increase every year until it reaches 15 years by 2025.

• The minimum number of points converted from funds transferred by the employer in the account must be 13.8. By 2025, this figure should increase by 2.4 annually to reach 30.
People with experience in the Ministry of Internal Affairs are defined in Federal Law No. 400 on insurance pensions as a category of persons who have the opportunity to enter an old-age pension earlier than 55 years for women and 60 for men. Retirement of the Ministry of Internal Affairs according to mixed length of service The procedure for retirement and calculation of benefits is determined on the basis of Law N 4468-1. Like any other citizen, a former employee of the Ministry of Internal Affairs can continue working and at the same time receive a long-service pension. For employees of this structure, the pension is formed from the state budget, and for civilians from the funds of the Pension Fund.

Pension for mixed military service

Ministry of Internal Affairs of the Republic of Belarus" based on: certificate No. ... dated .... I want to draw the moderator's attention to this message because: A notification is being sent...

Attention

Dmitry Belarus, Minsk #8 February 26, 2008, 17:01 Resolution of the Ministry of Internal Affairs of the Republic of Belarus 04/25/2006 N 104 INSTRUCTIONS ABOUT THE PROCEDURE FOR CALCULATING WORK EXPERIENCE AND PAYMENT OF SUPERIORITY BONUS TO PERSONS FROM THE CITIZENS STAFF OF THE INTERNAL AFFAIRS AND INTERNAL TROOPS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS15.

Info

Work experience is confirmed by the data in the work book, and in its absence - in the manner prescribed for confirming work experience when assigning pensions. And where is it written that work books are not filled out.

How to retire from the Ministry of Internal Affairs with mixed length of service?

The assignment of a pension of this type occurs in a strictly defined manner, which differs significantly from the procedure for receiving other forms of pensions.
However, there are quite serious reasons that can prevent this.
And only compliance with all requirements and taking into account the specifics can guarantee that the application for a pension will be approved by the pension fund.

Important

If an employee of the Ministry of Internal Affairs or a military personnel has experience in different organizations, in order to receive a pension for mixed experience, he must meet the following criteria:

• his age must be at least 45 years;
• The total length of work experience must be at least 25 years;
• The length of service as an employee of the Ministry of Internal Affairs must be at least 12.5 years.

Time spent studying at a higher educational institution can be counted toward length of service in the Ministry of Internal Affairs if a military rank was obtained during the training process.

Mixed service pension

Their work experience in the named positions is flight and flight test personnel, workers performing air traffic control and having a dispatcher certificate, engineering and technical staff, flight attendants, medical and teaching staff of secondary schools, OPTU, technical schools and colleges, as well as artists and others employees of theatrical and entertainment institutions and groups - called length of service.

The total duration of work of the named employees in the positions listed above is their length of service.

However, their work in the positions listed above can also be called length of service for the purpose of assigning and paying them a pension for long service.

Long service also includes military service of citizens in the Armed Forces of the Republic of Belarus, service in the bodies of the Ministry of Internal Affairs and the State Security Committee.

Pension for an employee of the Ministry of Internal Affairs with mixed experience

In this case, the calculation takes into account the total work experience, which must be at least 25 years.
These years include the period of military service, which cannot be less than twelve years and six months.

For female military personnel, their length of service includes the period they were on maternity leave if they were granted during military service.

Their period of study at a military school is not included in the length of service of military personnel.

The calculation of pensions for mixed service is carried out in accordance with Federal Law No. 4468-1.

A prerequisite for assigning a mixed pension is reaching the age of 45 years. The age limit may be reduced in the event that a serviceman is forced to leave service due to illness, layoff or reorganization.

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The following may apply for it: employees of criminal correctional institutions;

• fire service employees;
• employees of organizations whose activities are aimed at combating drug trafficking;
• employees of the Ministry of Defense;
• police officers.

Required documents Documents for retirement with mixed length of service:

• Statement of the established form.
• Identity document.
• Social Security Certificate.
• Salary certificate for five years.
• Certificate of duration of military service.
• Application indicating the method of receiving a pension.

After submitting the package of documents, verification of the provided data begins. Based on its results, a decision is made on the appointment of one or another type of pension provision.

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This issue is regulated by:

• Federal Law of the Russian Federation number 4468;
• Federal Law of the Russian Federation number 166;
• Federal Law of the Russian Federation number 247;
• Resolutions of the Government and the Council of Ministers No. 941 and 1237;
• Acts of individual ministries and departments.

The structure of the ministry employs a large number of people, who can be divided into two unequal parts:

• civilian workers who do not have military ranks or positions;
• military personnel with military rank.

They are subject to the same provisions of pension law as most citizens.

This also applies to retirement age.
Thus, the length of service of military personnel, commanding and rank-and-file personnel of internal affairs bodies and the State Security Committee is the total duration (in years, months, days) of military and other service in the above-mentioned bodies plus individual periods of service counted on the appropriate preferential terms provided for legislation. In accordance with Art. 18 of the Law of the Republic of Belarus “On pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies”, the procedure for calculating length of service for assigning pensions for length of service to officers, warrant officers, midshipmen and military personnel serving under a contract, commanding and rank-and-file personnel of internal affairs bodies determined by the resolution of the Council of Ministers of the Republic of Belarus dated July 5, 1993.

National Register of Legal Acts of the Republic of Belarus, 2003, N 127, 2/993). Military personnel, commanding and enlisted personnel and members of their families are also granted the right to assign pensions on the grounds provided for by this Law. At the same time, all types of monetary allowances for military personnel, commanding officers and rank and file are taken into account on an equal basis with the wages of workers in the republic.

If an employee works on the basis of an employment contract, employment agreement or contract with different types of employers, he develops seniority. By working on a collective farm on a membership basis, a worker also develops seniority.

In accordance with Section 5 “Pensions for long service” of the Law of the Republic of Belarus “On Pensions”, certain categories of aviation workers and flight test personnel, certain categories of medical and teaching workers, as well as certain categories of theater artists and others have the right to this type of pension. theatrical and entertainment institutions and groups. All of these categories of workers work on the basis of an employment contract, agreement or contract. Their work experience in the named positions is flight and flight test personnel, workers performing air traffic control and having a dispatcher certificate, engineering and technical staff, flight attendants, medical and teaching staff of secondary schools, OPTU, technical schools and colleges, as well as artists and others employees of theatrical and entertainment institutions and groups - called length of service. The total duration of work of the named employees in the positions listed above is their length of service. However, their work in the positions listed above can also be called length of service for the purpose of assigning and paying them a pension for long service.

Length of service is called and military service of citizens in the Armed Forces of the Republic of Belarus, service in the bodies of the Ministry of Internal Affairs and the State Security Committee. The total total duration of such service is the length of service of military personnel, privates and commanding officers of internal affairs bodies and the State Security Committee.

The presence of such length of service among the named persons is one of the necessary conditions for the emergence of a subjective right to a pension for length of service in accordance with the Law of the Republic of Belarus “On pension provision for military personnel, commanding and rank-and-file personnel of internal affairs bodies.”

Military service itself, as well as service in the internal affairs bodies and the State Security Committee, is calculated in calendar order - day by day, month by month, year by year. However, taking into account the nature and complexity of military service, service in internal affairs bodies and the State Security Committee (remote areas, Navy, including nuclear, Air Force, including jet aviation, service in active army units), the said Law provides for preferential calculation length of service. Thus, a month of service in remote areas is counted as one and a half, a year - as one and a half. Service in jet aviation is counted as a month as two, a year as two. Service in the active army - a month in three, a year - in three. Thus, the length of service of military personnel, commanding and rank-and-file personnel of internal affairs bodies and the State Security Committee is the total duration (in years, months, days) of military and other service in the above-mentioned bodies plus individual periods of service counted on the appropriate preferential terms provided for legislation.

In accordance with Art. 18 of the Law of the Republic of Belarus “On pensions for military personnel, commanding and rank-and-file personnel of internal affairs bodies”, the procedure for calculating length of service for assigning pensions for length of service to officers, warrant officers, midshipmen and military personnel serving under a contract, commanding and rank-and-file personnel of internal affairs bodies determined by Resolution of the Council of Ministers of the Republic of Belarus dated July 5, 1993 No. 432 “On the procedure for calculating length of service, assigning and paying pensions and benefits to officers, warrant officers, midshipmen and military personnel serving under a contract, to persons of command and rank and file of internal affairs bodies , emergency department authorities, financial investigation authorities and their families” in compliance with the following:

a) length of service for the purpose of pensions includes active military service, service in internal affairs bodies in positions of command and rank and file, service in partisan detachments and formations, time spent working in civilian ministries, departments, institutions and organizations with retention in active military service, or in the cadres of the internal affairs bodies, the time spent in captivity, if the captivity was not voluntary and the serviceman, while in captivity, did not commit a crime against the Motherland, the time of detention and serving sentences of military personnel, commanding and ordinary personnel of the internal affairs bodies, unreasonably involved in criminal liability or repressed and subsequently rehabilitated;

b) periods of service under special circumstances (during combat operations and other extreme situations, during flight work, on submarines, in conditions of increased radiation, in the airborne troops, in remote areas and areas with unfavorable conditions, when performing special assignments, etc.) are counted towards length of service for the purpose of granting pensions on appropriate preferential terms. In this case, periods of service under special circumstances before the entry into force of this Law are counted towards length of service on appropriate preferential terms established by the legislation of the former USSR;

c) along with service in military formations and internal affairs bodies of the Republic of Belarus, service (including on appropriate preferential terms) in military formations and internal affairs bodies of the former USSR and member states of the Commonwealth of Independent States is also counted towards the length of service for the purpose of pensions;

d) when calculating length of service for assigning pensions to the relevant categories of military personnel who served outside the Republic of Belarus on the territory of other member states of the Commonwealth of Independent States, along with preferential conditions for counting service as length of service for pensions established by the legislation of the Republic of Belarus, preferential conditions are also applied counting the length of service of their service abroad in remote, high-mountainous areas with unfavorable
climatic conditions established by the legislation of the states in whose territory they served;

e) length of service for the purpose of pensions, calculated in accordance with previously existing legislation, with the entry into force of this Law and subsequently upon the resumption of pension payments, is not subject to recalculation downward.

4 With amendments and additions dated January 18, 1994, No. 21; dated April 22, 1994 No. 271; dated 10.08.1994 No. 4; dated October 26, 1994 No. 140; dated February 24, 1995 No. 102; dated February 28, 1996 No. 154; dated February 12, 1997 No. 79; dated 09/05/1997 No. 1180; dated May 20, 1999 No. 731; dated November 12, 1999 No. 1776; dated July 25, 2000 No. 1124; dated August 11, 2000 No. 1252.

Nam, as an investigator, liquidated the Chernobyl accident and attended a special operation in Baku. But after 19 years of service he was forced to resign. The year before last, he began to apply for a pension and it turned out that his 19 years were not included in the insurance period, which means he can only count on a social pension of 90 rubles. And even at 65 years old.

The Ministry of Labor then just shrugged: such legislation, nothing can be done. Like, a long time ago there was a concept of insurance experience - this is the period of work when you, or instead of you, paid insurance premiums. And it depends on its value whether a person will receive a labor or social pension. Yes, in fact, the concept of insurance experience has existed since 2006. But literally over the past few years he has grown from 5 to 15 years. And according to the law, it will grow even more: every year by 6 months, ultimately by 2025 it will be 20 years.

At the same time, the insurance period does not include military service, study at universities and colleges, as well as graduate school, doctoral studies, etc., maternity leave, service in the police and other law enforcement agencies, and much more.

After Belarusians began to retire under the new legislation, there were also those who fell into the so-called “insurance period trap” - people whose total length of service allowed them to retire and qualify for it, but they did not have any insurance experience enough.

- You have lived your whole life with the feeling that you need 5 years of insurance experience, and suddenly you need 16. And it is often unrealistic to work out this difference,- say human rights activists of the public association “Belarusian Helsinki Committee”.

This is what happened to Ivan Nikolaevich, who, after 19 years of service in the Ministry of Internal Affairs, quit to care for his sick parents. He had about 10 years of insurance experience without service in the Ministry of Internal Affairs. This was not enough to receive even the minimum old-age pension. This means that he could only qualify for a social pension of 90 denominated rubles, and even then after five years.

According to the Ministry of Labor, more than 1,000 people found themselves in a similar situation at the time the period was extended, and their number is growing every year.

Human rights activists have taken up the problem of the insurance experience trap. They appealed to the Constitutional Court, the Ministry of Labor and Parliament.

- We proposed introducing a transition period, “first targeted assistance” for those who find themselves in a similar trap. Moreover, to assign a proportional pension, even if the insurance period has not been fully exhausted,- note human rights activists of the Belarusian Helsinki Committee.

The Constitutional Court noted that when transitioning to new legislation, “the legitimate expectations of citizens should be met as much as possible, including by determining a reasonable transition period to provide citizens with a real opportunity to comply with the amended requirements of legislative norms.” The Constitutional Court also added that it is necessary to provide for the adjustment and inclusion of socially significant activities for the state and society in the length of service.

As a result, the legislation was revised. And as of yesterday, a new presidential decree of June 29, 2017 No. 233 “On pension provision for certain categories of citizens” came into force.

- Yes, Ivan Nikolaevich will be one of the few who will be able to receive a labor pension rather than a social pension. We have already sent documents for registration,- says the head of the labor department of the Lida regional executive committee Andrei Mimish. - The insurance period for him and all military personnel who did not go on a military pension has been reduced to 10 years. And Ivan Nikolaevich has already worked it out.

What has changed in the law?

- Innovations soften the situation of some vulnerable groups in the future, but at the same time do not completely solve the problem of the insurance experience trap,- explain in the BHC. Human rights activists have compiled a special table to show what changes have occurred in the legislation and what has remained the same.