Is military service included in the length of service for a pension?

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Work experience is of great importance for the formation of a pension in modern Russia. The larger it is, the more secure the citizen’s old age will be in the future.

The question of entering this period of military service remains relevant. The period of military service is included in it, however, with some features that will be discussed in the article.

Information sheet

In the event of illness or injury, when an employee is unable to perform his or her job duties, it is possible to issue a sick leave certificate.

This document is the basis for payment of temporary disability benefits (the employee receives it for the entire period confirmed by a doctor).

For some workers, their work experience begins after military service has been completed (no matter whether it is contract or conscription), and this activity can be counted towards the insurance period.

The period of compulsory military service is included in the insurance period.

In order for payment to be made, HR or accounting specialists carry out calculations based on average earnings over the last 2 years.

Thus, you can calculate the amount by adding up all the payments that were provided over a period of two years, and then dividing by 730 days (according to the number of days in a year).

The result will be an amount that is taken as a unit of average income for one day. The length of service coefficient is also taken into account, which directly affects the amount of benefits paid.

If the work experience has not exceeded five years, then this coefficient will be 60%, if the work experience is up to 8 years - 80%, and then the benefit is provided in full.

When calculating sick leave, payments received over the previous two years are taken into account.

Important ! This is an extremely important indicator for serving employees, since their time spent in service will be counted as seniority.

How do the insurance and work experience of a military personnel differ?

Until 2002, pensions were calculated depending on the length of service (the time a citizen officially worked) - and the longer it was, the higher the pension.

Today, in most cases, insurance experience can be considered more relevant.

Today, work experience is taken into account less than insurance

Important ! It is needed both for pension accruals and payment of BL.

Accordingly, for those who served in the army on any basis, it is relevant that their period of service is counted towards their work and insurance experience. It will be taken into account only if the citizen worked both before and after military service.

This applies to both military personnel in the army and those who belong to the National Guard, the Ministry of Emergency Situations and other units, a full list of which is approved in the relevant legislative act (in Article 1 of Law 4468-1).

Article 1 of Law No. 4468-1

When the army does not count towards length of service

In certain situations, military years may not be included in the total output. This usually happens in the following cases:

1. If before military service or immediately after it, the Russian was not officially employed and did not make contributions to the pension. A similar condition is clearly stated in Federal Law-400.
2. Also, the total output will not include years that have already been counted when calculating the amount of military pension benefits for disability or length of service. Federal Law-40 also clarifies this. This condition is relevant for persons applying for a second pension - civil or insurance, which is issued according to Pension Fund standards.

Starting from the current year 2021, a new relaxation has come into force, according to which, if they have a long period of service (37 and 42 for women and men, respectively), citizens can take their required retirement leave early, i.e.

a couple of years earlier. This length of service includes only periods of work and sick leave.

At the same time, military years no longer count towards seniority.

Is military service included in the insurance period?

By law, for military personnel, the service period is counted when the insurance period is formed, but it will be necessary to understand in more detail whether this applies to conscripts or also to those who serve under a contract.

If a citizen is in contract service, then in fact it is considered that he is engaged in labor activity (this just happens in the armed forces), accordingly, he is owed a certain salary and the legally required contributions to the Pension Fund are made.

Accordingly, this period of service is included in the insurance period and cannot be classified as a non-insurance period (as usually happens during conscription service).

If a citizen is in contract service, this period refers to the insurance period

If a citizen serves by conscription, then by law this period is included in the insurance period, despite the fact that the citizen does not receive a salary and does not make contributions to government agencies. The entire period of service is counted by calendar days, from the very beginning until the date of demobilization.

It is important to note ! In order for conscription service in the armed forces to be included in the insurance period, it is necessary that work activity begin immediately before service begins.

This also applies to those citizens who were trained in an army specialty at the relevant military educational institutions.

In order for the period of military service in the army to be included in the insurance period, the citizen must begin working before service

Admission rules

Military personnel have one advantage over civilians in the length of service accrual format. If the requirements for employment before and after service are met, then the period in the army itself will be calculated in a ratio of one to two, that is, for a day in service two will be added to the length of service.
This rule applies only to conscripts. For those who serve under a contract, the calculation is one to one.

Healthy! If the service took place in extreme conditions and at the time of hostilities, then one day of service will be equivalent to three workdays.

Legislative documents and acts

The rules by which calculations and payments are made due to sick leave are prescribed in Federal Law 255.

It states that quantitative payments under the BL depend on how long the employee’s insurance period was.

In Article 16 of this legislative act, the time spent on military service must be taken into account in the insurance period so that the employee can receive his sick leave benefits.

Article 16 of Federal Law No. 255

The same applies to those who served in fire organizations, criminal enforcement agencies and drug control.

Accounting for service in military units at a certain time is prescribed in the regulatory act 76-FZ.

It describes that the length of service, which was not interrupted and was activated until January 1, 2007, took into account military service, but one day of service was counted as two in the length of service, despite the fact that no more than one year had passed from demobilization to the start of work. Also, now one day of service is counted as two when serving under conscription.

Important ! But if an employee served in the Armed Forces under a contract, then the service is considered 1 day for 1 day (only full years and months are taken into account).

Excerpt from Article 10 of Federal Law No. 76

Results

Military service is included in the calculation of most types of length of service. Usually, for these purposes, its length is taken equal to the actual calendar one, but special cases are also possible.

Sources:

• Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”
• Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”
• Federal Law of January 12, 1995 No. 5-FZ “On Veterans”
• Federal Law of December 15, 2001 No. 166-FZ “On State Pension Security in the Russian Federation”
• Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”
• Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What other periods should be taken into account?

Accordingly, the length of service considered as insurance has its own definition, which consists in the fact that it is specified as periods of working time for which salary accruals were made and contributions to the Pension Fund of the Russian Federation were made from this employee. This can be either an official place of work or conscription or contract service.

There are also additional periods that must be taken into account in the insurance period. These include:

1. Receiving sick leave benefits (temporary disability);
2. Leave of one of the parents dedicated to caring for a child under 1.5 years of age;
3. BC for caring for a disabled person of the first group or a disabled child, as well as a person who at that time has reached 80 years of age.
4. The period for which you received unemployment benefits, or were registered with the Employment Center;
5. Performing public works with payment by a citizen;
6. Relocation (relocation, relocation) to get a job under government distribution;
7. Serving a sentence or being held criminally liable without proper grounds, rehabilitation after repression, as well as being in custody or in prison with subsequent recognition of guilt;
8. Time spent by a legal military spouse serving on a contract basis in an area where there was no opportunity to obtain work (not to exceed five years);
9. The time that spouses of diplomats or employees of trade missions and consulates of the Russian Federation spent abroad (also should not exceed five years).

Other periods are also included in the insurance period

In the case when several time periods from this list coincided in time and occurred simultaneously, then the calculation is carried out only for one, and it is the citizen who chooses it and applies for his payments.

Important ! These are periods that are not considered insurance, but they are counted if before and after them there were periods of official work and subject to insurance contributions.

We understand military service and BC calculations

By law, both contract and conscription service in the Armed Forces are included in a citizen’s insurance record, and then, based on it, sick leave benefits can be calculated.

This experience also includes the citizen’s stay in military educational institutions, in which the citizen was engaged in mastering the corresponding army specialty. This length of service can be maintained even if the service was interrupted, but it will be necessary to combine all completed military service (breaks are not taken into account) in order to obtain the final duration of this process.

When calculating payments under the BC, the length of service when a citizen serves is taken into account

If an officer has been called to service by the state, he also has the right not only to retain his place at work, but also to have the period of service included in the corresponding length of service recognized as insurance.

To obtain sick leave, it does not matter what the period of employment after military service was. But receiving a pension is possible only when both the beginning and the end of this period correspond to the extreme points of the work experience.

It does not matter whether the citizen had an official place of work before he left to serve, the main thing is to find a job immediately after the moment of demobilization - then all the requirements of the law will be satisfied.

Important ! A citizen has a year (but no more) to find an official place of work, otherwise it will be problematic to calculate his pension.

It is important that a citizen gets a job within a year after service

How to find out about your pension points

In accordance with the Federal Law “On Insurance Pensions”, 1 year of military conscription service brings a person 1.8 pension points. Pension points are awarded for each year fully worked in the ranks of the RF Armed Forces. Subsequently, the points will affect the amount of pension contributions. In order to accumulate all the points, you need to get an official job immediately after completing military service. The duration of the employment contract is not important - the main thing is that the employer promptly transfers pension contributions for a person who has served in the army.

Expert commentary

Potapova Svetlana

Lawyer

By 2025, the future pensioner must have at least 30 pension coefficients and 15 years of experience during his working life. In 2020, to retire you must have at least 18.6 pension coefficients and at least 11 years of experience. If the indicators are not achieved, the person will be able to retire 5 years later. And instead of an insurance pension, he will be assigned a social pension, the amount of which is less than the established subsistence level. However, in such situations, until the minimum is reached, the person receives social supplements to the already transferred pension.

The government of the Russian Federation sets the cost of the pension coefficient separately every year. In 2021, it is equal to 93 rubles.

In order to obtain information about earned pension rights and the right to an old-age insurance pension, you must log in to the website of the Pension Fund of the Russian Federation. All information can be found in your personal user account.

To gain access to your personal account at the Pension Fund of the Russian Federation, you must first register on the government services portal of the Russian Federation. After this, you can go through authorization at the Pension Fund of Russia by selecting the section of the notification about the status of the applicant’s personal account.

You can also obtain information about the status of your personal account through registered mail. To do this, you need to send by mail an application and a copy of the addressee’s identity document (passport). Documents must be notarized. Pension Fund specialists will prepare the data and send it by registered mail to the address specified in the application. The term for providing the service is up to 10 working days from the date of application.

An individual personal account with the Pension Fund contains confidential information about the pension rights received by the citizen. This information is stored in compliance with the rules and requirements for storing personal data of citizens.

Important! If problems, discrepancies or shortcomings arise, a person is advised to contact the Pension Fund for clarification. If the problem is not resolved, you will need to file a claim in the district court. Practice shows that courts often side with the plaintiff.

What to do with fixed-term service under a contract?

Service in the army on a contract basis involves receiving a salary and paying appropriate contributions to all state funds.

It follows from this that the time of contract service is included in the relevant length of service, and the allocation of time during a period not considered insurance is not required.

In the event that the dismissal occurred before January 1, 2007, when only continuous work experience was used to calculate sick leave, then being in the army is taken into account in this continuous work experience only if the interval between military service and entry into official work is not was more than three months.

When a citizen serves on a contract basis, he must make monthly payments to state funds

With regards to veterans of military operations that took place on the territory of other countries, as well as veterans who served in emergencies, during military operations and armed conflicts, as well as for those army employees who have more than twenty-five years of experience, it is not for them will mean what the time gap was.

During contract service, one day is counted as one, and during conscription, one day is counted as two days.

According to the second part 17 of Article 255 of the law, it is stated that it will be necessary to calculate the uninterrupted length of service until January 1, 2007, and to calculate the BL benefit, the value that is greater is taken.

Important ! After January 1, 2007, the concept of insurance period arose, and the very essence of continuity became meaningless.

Article 17 of Federal Law No. 255

Based on this, army service (contract or conscription) is included in the length of service on the same basis.

Moreover, if a citizen was part of the Armed Forces, then his length of stay is calculated to determine payments under the BC as 1 day for 1 day.

As an example:

Anatoly got a job and provided a military ID, which indicated that he was drafted into the armed forces, where he served from October 1, 2006 to October 1, 2008.

According to the order, Anatoly was hired on November 1, 2008, and his total length of service before military service was three years and one month. Will military service be taken into account when calculating sick leave?

We count: a total of 61 days have passed from October 1, 2006 to December 31, 2006. The service was conscription, multiplying the days by two, we get 122. Rounding to a full month - and the period will be 4 months.

The remaining period of military service was 22 months, and the calculation is then made one day at a time. This will remain for 22 months.

Now let’s add it up and get the total time of military service, on the basis of which the benefit will be calculated - that is, 26 plus 37, that’s 63 months. In years of insurance experience (full) this will be 5 and 3.

Accordingly, the amount of the benefit will be according to this time – 80%.

When a citizen serves in the army, this is taken into account as insurance experience; it is important when exactly he served - before 01/01/2007 or after

Important ! Non-insurance periods will include the time served after January 1, 2007, that is, a year and ten months.

Supplement to pension if service took place in the SA

If pension calculations were made to citizens according to the old rules, and not on the basis of the modern system of coefficients, then now they will be able to receive an increase for military service. To apply for it, a pensioner needs:

1. Visit the Pension Fund to recalculate and calculate the coefficient for the non-insurance period.
2. Provide documentation confirming your service, such as a military ID, a certificate from the military registration and enlistment office or a labor report, in which the corresponding entry is made, etc.

Recalculation is carried out from the 1st day of the next month after the citizen’s application. For each military year, 1.8 points are awarded, and therefore the final increase will be determined by the length of military service.

But such recalculations are not relevant for everyone. For most citizens, their military periods have already been taken into account in their total length of service, and therefore they should not expect an increase.

If a citizen served before 2002, then all years have already been taken into account when assigning the amount of pension benefits. The recalculation will be beneficial for those individuals who worked under difficult or hazardous conditions, or earned more than 45 years of service before 2002.

You can find out for sure whether an increase in maintenance is due or not by contacting pension fund specialists. To do this, an analysis of the payment case is carried out. If no increase is due, then the citizen is notified that pension payments remain the same.

Some military personnel are entitled to special preferences. These include those participating in hostilities or serving in places of increased danger. Such citizens can take early leave, receive increased pension benefits and double the benefits.

What documents need to be prepared?

Confirmation of the terms of military service, which is the basis for including this time in the length of service recognized as insurance, is made on the basis of the following documents:

1. The military ID itself, which indicates the periods during which the citizen served and his unit.
2. A certificate received to confirm an illness or injury that occurred during service.
3. If you received a military specialty, then a diploma from the relevant educational institution.
4. A certificate stating that a citizen who served in the military has been demobilized.

When applying for a job, a serving citizen provides a certificate of demobilization to the personnel department - this is considered the main document that gives reason to make an appropriate entry in the work book.

To confirm your experience, you must provide certain documents

Important ! If you did not undergo military service before the army, then provide a clean work record and any document from those listed above, which gives grounds to consider the citizen to have completed military service.

Example

In order to correctly calculate the required amount of sick leave benefits, it is necessary to take into account not only the insurance period itself, but also other points, for example, the employee’s average earnings per day and the duration of the period of illness.

Let's look at the relevant example.

Sergei worked in an official job for 4 years, and before that he served in the military for a year, so Sergei's total experience will be five years.

In just the last two years, he earned 900,000 rubles, receiving an average of 1,232 rubles a day.

Then the sick leave coefficient will be 80%, and from the amount of average earnings per day it will be 985 rubles. That is, a BL lasting 8 days will be paid in the amount of 7880 rubles.

Important ! You also need to know that personal income tax is withheld from sick leave, and then, after income tax is withheld, the payment amount will be 6,856 rubles (for sick leave).

When calculating sick leave, the employee’s SDZ is also taken into account

In special conditions, an employee may have the right to receive the so-called regional coefficient, which is paid, for example, to those who work in the Far North - in this case the benefit will be higher.

Under BL, payments come from the appropriate budget allocated by the employer for the first 3 days of sick leave, and the rest of the time will be paid by the Social Insurance Fund.

As an exception, BLs that were opened in the presence of an occupational illness or injury received at work, as well as during childbirth and pregnancy are considered - they will be fully paid for by the Social Insurance Fund.

Important ! In order to calculate the amount of benefits for a certificate of incapacity for work, the human resources department considers various factors, including the insurance period. It determines the final amount of payments, including military service, which is included in this insurance period.

Payments under the BL are partially made by the employer, partially by the Social Insurance Fund

Arbitrage practice

Often, questions and problems related to the calculation of length of service and insurance pensions relate to service in the Soviet army.

Thus, a citizen of D. Chkalovsky district of Yekaterinburg came to an appointment at the territorial office of the Pension Fund of Russia with an application for early retirement in old age due to difficult working conditions, since he had accumulated work experience as a gas welder to establish an early old-age pension from the age of 55. However, representatives of the Pension Fund of the Russian Federation refused to grant the applicant an early old-age pension from the age of 55 due to the fact that the person had not accumulated sufficient experience in the relevant types of work. According to experts, the required length of service for a citizen as a gas welder is 9 years, 6 months and 27 years (instead of 12.5 years), and the insurance period is more than 25 years, which gives D. the right to an early old-age pension upon reaching 57 years of age.

The lawyer, whom Citizen D. subsequently contacted, analyzed the PFR resolution and found out that when calculating special length of service, PFR employees illegally refused to include in the length of service the period of conscript military service in the Soviet Army from 1977 to 1979, which in total amounted to 1 year and almost 12 months.

As a result, D. sent a lawsuit to the district court of Yekaterinburg, putting forward a demand for the inclusion of conscript military service in the Soviet army in the labor specialization, the presence of which provides the right to early retirement. The lawsuit also pointed out violations of the legislation of the Russian Federation committed by employees of the Pension Fund of Russia, who refused to allow a citizen to take into account his conscription service record. The lawyer and the client presented weighty arguments proving the illegality of the actions committed by the Pension Fund employees. Evidence was also prepared to support the claims and testimony.

The court considered the case, heard the testimony of the parties, examined the documents and ruled that Pension Fund employees are required to include the period of service in the USSR Armed Forces in the credit, which granted D. the right to early retirement.

However, in general, military service is not included in the length of service for early retirement. Also, the period of military service is not counted towards “rural experience”.

For military wives

Since 2009, there has been a rule that clarifies that for military wives, the length of service includes the period of service of the husbands in the new place where the wife followed him.

If a woman did not have the opportunity to perform work in her specialty, and she was registered with the employment service, then this downtime due to forced circumstances will be counted towards her insurance period.

This period during which inaction occurred must be confirmed by certificates issued by the leadership of the military organization; this procedure is determined by the Ministry of Defense.

Excerpt from Article 10 of Federal Law No. 76

Important ! Not all of this time is counted towards the length of service – the limit is limited to five years.

How is the benefit calculated?

There are certain rules by which BL payments are made. This calculation is based on the average salary received over two years of work.

The previous employer issues a certificate in the form established by Order 182 of the Ministry of Labor.

For women undergoing military service who were unable to work due to child care, the period may be changed at the employee's choice. In this case, exactly the period indicated by the employee in the report is used.

Important ! In order to perform the calculation, you will need to calculate the average earnings for one day, while the total income received over two years will be divided by 730 days. The salary received during this period will be accepted for calculation on the basis of the necessary certificates and documents.

Certificate form 182n

How do you apply for sick leave?

The sick leave itself can only be issued in a medical institution. It is issued on the day the patient sees a doctor. The duration of release depends on the severity of the disease, and starts from three days, after which it is extended.

The BL is signed by the doctor, then the medical institution is stamped and sent to the accounting department in order to calculate the benefit and generate a package of documents for the insurance fund.

Example of sick leave

Length of service and percentage of payments

According to the law, there is a regulation that the amount of temporary disability benefits directly depends on how long the insurance period is - the longer the work activity continues, the higher the accrued benefit will be.

Such social payments are a certain percentage, which will be determined by length of service depending on the average salary of the worker.

1. If the experience is less than six months, then the amount will be no less than the minimum wage.
2. If the length of service is less than five years, the benefit amount will be 60%.
3. From five to eight years – 80%.
4. And more than eight years – 100%.

The calculator below will help you calculate sick leave payments depending on your length of service. It only takes into account the total years you have worked.

Go to calculations

Payments depend on the number of years of experience