Early retirement with layoffs: legal advice

Is it possible to apply for an early retirement pension while reducing staff? We will understand in this article. Workers of pre-retirement age now often face a situation of dismissal due to a decrease in staff. Some enterprises are closing due to the crisis, and many others are reducing production volumes, which inevitably leads to a reduction in the number of employees.

early retirement retirement

When citizens of pre-retirement age fall into the number of those dismissed, this represents a much bigger problem for them than for other employees, since at this age it is difficult to find a new job. In this case, are they entitled to early retirement benefits upon reduction? In our article you will find the answer to this question.

General Information

Dismissal during reduction is unpleasant news for people of any age. But for older workers it is also a significant psychological trauma. In order to reduce the negative consequences of such a situation, the Government of the Russian Federation developed and approved the law under number 1032-1 (Article 32, Clause 2), which regulates the receipt of early retirement pensions in this case.

Early retirement retirement benefits

To start receiving state old-age pension, you need several conditions. Firstly, it is the recognition of the reduced employee unemployed. Secondly, the achievement of insurance coverage by him. For women, this is twenty years, and for men - 25. Thirdly, the age of a laid-off woman should reach 53 years, and men - 58 (that is, no more than two years should remain until retirement). The desire of the dismissed employee to receive an early retirement pension is also important .

early retirement retirement

In order for a citizen to be recognized as unemployed, a number of conditions are also necessary:

  • a dismissal note in the workbook due to staff reductions;
  • a citizen must be registered in the regional department of employment as looking for opportunities to go to work in the required position;
  • he should not refuse the proposed work options more than two times.

Payments from a previous employer

The legislation obliges the former employer to make payments of the average earnings received at the enterprise to an individual who has come under reduction within two months.

What else implies access to early retirement while reducing?

Then, after this period has expired, the citizen has the right to register with the employment department and receive special benefits. Over the first three months, its amount is 75 percent of the average monthly salary, over the next four months - 60 percent, over the remaining five months - 45. The amount of this benefit cannot be set above or below those levels provided for by the government of the Russian Federation. However, the criteria for calculating benefits are periodically reviewed depending on the economic situation in the country. These payments are made by the Pension Fund, which is replenished from the budget of a country or region.

Upon reaching an early retirement pension with a reduction in the Voronezh Region, for example, insurance experience is taken into account.

early retirement with a reduction in the Voronezh region

Length of service

The length of service is the general period during which a citizen worked or was engaged in other activities when contributions to the Pension Fund were made. Other citizens' activities are also taken into account. This is the army service, training in secondary schools and universities, staying on sick leave, caring for a young child or a disabled person who is a family member, etc.

In the event that the total length of service is more than that required for applying for an early retirement pension, for each year two weeks are added “from above” when a citizen can count on state benefits. The total payment period for this allowance is no more than two years.

In what cases is it possible to go to early retirement with a reduction?

Good reasons for applying for early retirement

The main reason for granting a citizen from the district department of the employment department the right to apply for early state security is the inability to find work. Having received the consent of the citizen, this department issues a recommendation on making pension payments earlier than the deadline in writing.

early retirement pension

With this document, the dismissed employee can apply to the social welfare department of his area.

Package of documents for early retirement

The package of documents for early retirement must include the following:

  1. A recommendation issued by the dismissed employee by the employment department, which says that he is unemployed.
  2. Application for early retirement benefits.
  3. Passport. If we are talking about citizens who do not have Russian citizenship, then this should be a residence permit.
  4. The work book of a citizen.
  5. His military ID (if any).
  6. SNILS.
  7. Documents certified by the Pension Fund, in which the amounts and periods of deductions to this fund are recorded.
  8. A certificate signed by the director and chief accountant, with the seal of the organization in which the citizen worked, containing information about average earnings for any five years taken in a row.
  9. Depending on the situation, some other documents will need to be attached to this package.

An early pension with a reduction in the employment center is drawn up.

early retirement with reduction in employment center

Early retirement benefits

The calculation of early retirement pension is similar to the calculation of labor pension. The value depends on two main indicators - the size of payments to the FIU and the average citizen's earnings. In addition, the size of this allowance can be recalculated or indexed, if this is provided for by a decision of the Government of the Russian Federation.

Along with reaching early retirement while reducing staff, a person can count on the payment of benefits for long service.

A citizen can receive a pension in connection with dismissal due to reduction either at the post office or via home delivery, or by transferring it to a plastic card or bank account, as well as through a person authorized (and approved by the notary’s signature).

When are failures possible?

An early retirement pension may be denied in several cases. For example, an employee was dismissed from the company not because of the reduction, but for a different reason. Or a citizen refused the offered vacancies in the employment department more than two times. Documents that are incorrectly filled out or contain false information may also be a reason for denial of early retirement.


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