Case No. 2-35/2014
SOLUTION
In the name of the Russian Federation
Belinsky District Court of the Penza Region, composed of presiding judge V.A. Kistkin, with secretary V.A. Romakina, with the participation of plaintiff N.A. Kisteneva,
Having considered in open court on the premises of the Belinsky District Court of the Penza Region a civil case filed by N.A. Kisteneva. to the State Institution - the Administration of the Pension Fund of the Russian Federation for the Belinsky District of the Penza Region on the inclusion of periods of work in the special length of service, which gives the right to assign an early retirement pension,
U S T A N O V I L:
Kisteneva N.A. ***appealed to the court with a claim against the Main Directorate of the UPFR in the Belinsky District of the Penza Region for the inclusion of periods of work in the special length of service giving the right to an early retirement pension, indicating that DD.MM.YYYY applied to the Main Directorate of the UPFR of the Belinsky District of the Penza Region with a statement on the appointment of an early labor pension under paragraphs. 19 clause 1 article 27 of the Federal Law of December 17, 2001 No. 173-F3 “On Labor Pensions in the Russian Federation”, as a person carrying out teaching activities in state and municipal institutions for children, with at least 25 years of experience. On DD.MM.YYYY special experience of 25 years was declared. The defendant included *** years *** months *** days in the special length of service for granting a pension and refused to grant a pension due to insufficient experience in the relevant types of work. The following periods were not included in the special length of service: from DD.MM.YYYY to DD.MM.YYYY - the period of being on parental leave; from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY as a senior counselor at a *** boarding school. The periods of work of a senior counselor were not included in the special length of service due to the fact that the specified position was not named in the List approved by the Decree of the Government of the Russian Federation dated October 29, 2002, in the List approved by the Decree of the Council of Ministers of the RSFSR dated September 6, 1991, and in the List positions in which work is counted towards length of service, giving the right to a pension for length of service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067. Also not included in the special experience are periods of participation in advanced training courses from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY , from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY. The plaintiff does not agree with the pension authority’s refusal, because work as a senior counselor at the *** boarding school began from DD.MM.YYYY and continued until DD.MM.YYYY, i.e. during the period of validity of the Resolution of the Council of Ministers of the USSR dated December 17, 1959 No. 1397 “On long-service pensions for workers in education, health care and agriculture,” which approved the Regulations on the procedure for calculating length of service for assigning long-service pensions for workers in education and health care, according to which work in pioneer camps as full-time pioneer leaders was counted towards the length of service of teachers and other educators, which entitles them to a long-service pension. By virtue of clause 4 of the said Regulations, the period of work in the position of “pioneer leader” was counted towards the length of service in the specialty in the event that at least 2/3 of the experience required for granting a pension in accordance with these Regulations was spent in institutions, organizations, positions in which work gave education workers have the right to a pension for long service. This resolution ceased to be applied on the territory of the Russian Federation from October 1, 1993 in accordance with Resolution of the Council of Ministers-Government of the Russian Federation dated September 22, 1993 No. 953 “On amendments, additions and invalidation of decisions of the Council of Ministers of the RSFSR on certain issues of long-service pensions years in connection with teaching, medical and creative work.” He believes that since the period of work as a senior leader began before changes were made to the pension legislation, the continuous period of work as a senior pioneer leader from 10/01/1993 to 08/31/2000 is subject to inclusion in the length of service in the specialty upon early assignment of an old-age pension. Also during this period, Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 No. 463 “On approval of the list of professions and positions of educational workers whose teaching activities in schools and other institutions for children entitles them to a pension for long service” was in force. This list includes the position of organizer of extracurricular and out-of-school educational work with children. This position is provided for by the current List of Positions and Institutions, approved by Decree of the Government of the Russian Federation No. 781 of October 29, 2002. Taking into account the transitional situation of the country during the 90s, associated with a change of government, the loss of the established communist foundations, as well as the cessation of the functioning of the pioneer organization, positions such as pioneer leader (senior counselor) were subject to renaming. However, if legislative acts were transformed quickly enough, then local acts for institutions did not change for a long time until directives came from higher authorities. He believes that the position of “senior counselor” was not renamed in a timely manner, and the job responsibilities, in fact, correspond to the position of “organizer of extracurricular and out-of-school educational work with children” included in the list approved by the Resolution of the Council of Ministers of the RSFSR dated 09/06/1991 No. 463 “On approval of the list of professions and positions of education workers, whose teaching activities in schools and other institutions for children give the right to a pension for long service”, to the list approved by Decree of the Government of the Russian Federation No. 781 dated 29. 10.2002. According to the job description of the senior counselor of the State government special (correctional) educational institution for students with disabilities at the special (correctional) general education boarding school in the village of Poim (whose responsibilities have not changed to the present), the main functions of the senior counselor are to promote the development and activities of children's public organizations, associations; organization of leisure time for pupils. The immediate responsibilities of the senior counselor include: promoting the development and activities of children's public organizations and associations; organization of collective creative activities of children's organizations and associations; organization of visual design of the school on the topic of the work being carried out; informing students about existing children's and youth organizations and associations; creating favorable conditions for realizing the interests of students, spending their free time interestingly and usefully for development; organizing vacations for students. Directly during her work as a senior counselor, she carried out a lot of work on organizing student self-government and organizing collective affairs at the boarding school, within the framework of the All-Russian children's organization "Rainbow"; organizing and conducting choral singing classes; participation in regional festivals of children's creativity; preparation and participation in district and regional shows of children's creativity; organizing search work to create a school museum of “Labor Glory”; providing methodological assistance to school teachers; organizing meetings with famous people of the village; participation in regional gatherings of pupils of correctional schools with the preparation of a creative participation program; organization of museum visits; organizing sporting events (competitions, games) with students from other schools in the district; organizing children's leisure time during the holidays, etc. Thus, during the disputed period, she carried out labor activity identical to work included in the lists of positions, work in which is counted towards length of service, giving the right to a pension for long service in connection with teaching activities. The fact that the legislation has changed, the position of senior counselor is not included in the list, and then in the list, and in fact the name of the position was and is used in educational institutions, in particular, the Poimskaya auxiliary boarding school, cannot entail a violation of her pension rights, since how the non-inclusion of the position of senior counselor in the Lists is explained by objective reasons - the absence of pioneer organizations in schools. However, the Lists include the position of organizer of extracurricular and out-of-school educational work with children, which is identical in its functions to the position of senior counselor. In the order approving the teaching load for 1994 - 1995, the plaintiff’s position is indicated by the employer as the organizer of creative activities, which indicates the identity of the job responsibilities of the senior counselor and the organizer of extracurricular and out-of-school educational work with children. According to Article 187 of the Labor Code of the Russian Federation, if an employer sends an employee for advanced training outside of work, he retains his place of work (position) and average salary. Therefore, periods of participation in advanced training courses are a period of work while maintaining the average salary, from which the employer must deduct insurance contributions to the Pension Fund of the Russian Federation. For certain categories of workers, due to special regulations, advanced training is a mandatory condition for performing work. In addition, clause 9 of the Rules approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516, provides for periods that are not subject to inclusion in the length of service that gives the right to early assignment of an old-age pension, in which the periods of participation in advanced training courses are not named. Requests to oblige the Main Directorate of the UPFR for the Belinsky District to include in the special work experience, which gives the right to assign an early retirement pension, periods of work: from DD.MM.YYYY to DD.MM.YYYY as a senior counselor at a *** boarding school; from DD.MM.YYYY to DD.MM.YYYY as a senior counselor at a *** boarding school; from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM. YYYY from DD.MM.YYYY to DD.MM.YYYY - periods of participation in advanced training courses.
At the court hearing Kisteneva N.A. supported the claims on the grounds detailed in the statement of claim.
The representative of the defendant, acting on the basis of a power of attorney, Samoilin L.P., the claims of Kisteneva N.A. did not admit, explaining that for the period from DD.MM.YYYY to DD.MM.YYYY the plaintiff was on maternity leave, which began after 10/06/1992, therefore this period cannot be included in the length of service. Periods from DD.MM.YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY in the position of senior counselor at a *** boarding school are not subject to inclusion in special experience, since the specified position is not named neither in the List approved by the Decree of the Government of the Russian Federation dated October 29, 2002, nor in the List approved by the Decree of the Council of Ministers of the RSFSR dated September 6, 1991, nor in the List of positions in which work is counted as length of service, giving the right to a pension for long service in connection with teaching activities in schools and other institutions for children, approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067. Periods of participation in advanced training courses from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM. YYYY to DD.MM.YYYY and from DD.MM.YYYY to DD.MM.YYYY are also not subject to inclusion in special experience, since the Rules for calculating special experience approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516 and Decree of the Ministry of Labor of Russia dated 05/22/1996 No. 29 determined the range of periods to be counted into special length of service for the assignment of an early retirement pension in old age. Periods of participation in advanced training courses are not provided for by these regulations for inclusion in special experience.
After listening to the parties' explanations and studying the case materials, the court comes to the following conclusion.
DECIDED:
Claims of Kisteneva N.A. to the State Institution - the Administration of the Pension Fund of the Russian Federation for the Belinsky District of the Penza Region on the inclusion of periods of work in the special length of service, which gives the right to be granted an early retirement pension in part.
Oblige the State Institution - the Office of the Pension Fund of the Russian Federation for the Belinsky District of the Penza Region to include Kisteneva N.A. in special experience, which gives the right to an early retirement pension, in connection with the implementation of teaching activities, periods of participation in advanced training courses from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY, from DD.MM.YYYY to DD.MM.YYYY from DD.MM.YYYY to DD.MM.YYYY.
The rest of the claims are rejected.
The decision can be appealed to the Penza Regional Court through the Belinsky District Court of the Penza Region within a month from the date of drawing up the decision in final form.
The decision was made in final form on March 28, 2014.
Judge V.A. Kistkin
Copy is right. Judge V.A. Kistkin
Court:
Belinsky District Court (Penza Region)SOLUTION
In the name of the Russian Federation
DD.MM.YYYY Zadonsk
Zadonsky District Court of the Lipetsk Region, consisting of
presiding judge N.Ya. Centeradze
with the participation of the representative of the plaintiff Tormysheva M.A.
under secretary Panova E.V.
having considered in open court a civil case based on the claim of L.S. Yakusheva. to the State Administration of the Pension Fund of the Russian Federation in the Zadonsky district of the Lipetsk region on the recognition of the right to early assignment of a labor pension in connection with teaching activities
installed:
Yakusheva L.S. filed a lawsuit against the State Administration of the Pension Fund of the Russian Federation in the Zadonsky district of the Lipetsk region for recognition of the right to early assignment of a pension in connection with teaching activities, citing the fact that the defendant illegally excluded periods of work from the preferential length of service: from DD.MM.YYYY by DD.MM.YYYY - coach of the Zadonsk Children and Youth Sports School (CYSS), from DD.MM.YYYY by DD.MM.YYYY - senior pioneer leader and history teacher of Zadonsk Secondary School No. 2, since the positions of coach and senior pioneer leader are not are provided for by the List of Positions and Institutions approved by the Decree of the Government of the Russian Federation dated DD.MM.YYYY No., and the teaching load for the position of history teacher for the period from DD.MM.YYYY to DD.MM.YYYY was less than the established rate.
She motivates her demands by the fact that, while working as a coach at the Zadonsk Youth Sports School, she performed the pedagogical functions of a trainer-teacher. When filling out her work book, a non-standard job title was used; instead of “trainer-teacher”, “trainer” was indicated. Meanwhile, in the work books of teachers of the Zadonsk Youth Sports School, hired at the same time as her, their positions are recorded as “coach-teacher”.
The position of senior pioneer leader is provided for by order of the USSR Ministry of Education dated December 31, 1986 No. 264 “On approval of the Model staff of primary, incomplete secondary and secondary schools and additional staff of economic and service personnel of comprehensive schools with extended days,” and in the period from September 1, 2000 to On June 1, 2005, she actually performed the duties of this position. However, due to the absence of a pioneer organization, in her work book for the specified period there are entries about the name of her position as “organizer of the children’s movement.” During the entire specified period, she worked directly with children, engaged in teaching activities. In 1999, she passed certification as an organizer of the children's movement, in 2004, as a senior pioneer leader, and was awarded diplomas. The senior pioneer leader works closely with the head teacher for educational and educational work, with teachers and children, and is also a member of the pedagogical council and heads the methodological association of class teachers. In the period from September 1, 2000 to June 1, 2005, she also worked as a history teacher at Zadonsk Secondary School No. 2, although she did not fulfill the standard teaching load established for the teacher’s salary rate.
The plaintiff did not appear at the court hearing, was duly notified of the time and place of the consideration of the case, and sent her representative M.A. Tormysheva to the court.
In previous court hearings Yakusheva L.S. supported her claims and gave the court explanations similar to those set out in the statement, adding that the position of senior pioneer leader is identical to the position of deputy director for educational work and the position of organizer of extracurricular and out-of-school educational work with children, which are in the List of Positions approved by Decree of the Government of the Russian Federation dated 29 October 2002 No. 781, but were absent from the staffing table of the school in DD.MM.YYYY, and therefore she actually performed the duties for these positions. In addition, she did not carry out the teaching load as a history teacher, but fulfilled the standard working hours as a senior counselor, so in general we can assume that her activities were related to the educational process, subject to inclusion in special training.
The representative of the plaintiff on the warrant, lawyer M.A. Tormysheva. at the court hearing she supported the claims of L.S. Yakusheva and gave the court explanations similar to those stated above.
Representative of the defendant by proxy L.N. Chernukhina did not appear at the court hearing, was duly notified of the time and place of the hearing of the case.
In previous court hearings, she did not recognize the claims and explained to the court that Yakusheva L.S. The pension was denied because she does not have the required 25 years of teaching experience. When calculating her experience, periods of her work as a coach at the Zadonsk Youth Sports School, as well as as a senior pioneer leader and history teacher at Municipal Educational Institution Secondary School No. 2 in Zadonsk are excluded, because these positions are not provided for in the List approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781. For the position of “history teacher”, the volume of her teaching load was less than the established salary, and according to clause 4 of the Rules approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, periods of work starting from DD.MM.YYYY are counted towards teaching experience provided that the standard working time established for the wage rate is met
Having heard the representative of the plaintiff and examined the written materials of the case, the court comes to the conclusion that the claims are subject to partial satisfaction.
In accordance with sub. 19 clause 1 of Article 27 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, an old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to persons who have been engaged in teaching activities for at least 25 years in institutions for children, regardless of their age.
Paragraph 2 of this article provides that the Lists of relevant works, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and the appointment of the specified pensions, if necessary, are approved by the Government of the Russian Federation.
Similar legal norms were contained in the Law of the Russian Federation of November 20, 1990 No. 340-1 “On State Pensions in the Russian Federation” and the USSR Law of July 14, 1956 “On State Pensions”.
In accordance with paragraph 3 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age labor pension to persons engaged in teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, approved By Decree of the Government of the Russian Federation of October 29, 2002 No. 781, periods of work in positions in institutions specified in the list of positions and institutions, work in which is counted in the length of service giving the right to early appointment, are counted as work experience in the manner prescribed by these Rules. old-age labor pension for persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation” (hereinafter referred to as the list). In this case, work in the positions specified in paragraph 1 of the section "Name of positions" of the list is counted towards the length of service provided that it is performed in the institutions specified in paragraphs 1.1-1.14 of the section "Name of institutions" of the list, and work in the positions specified in paragraph 2 section "Names of positions" of the list - in the institutions specified in paragraph 2 of the section "Names of institutions" of the list.
The court established, that DD.MM.YYYY Yakusheva L.S. applied to the State Administration of the Pension Fund of the Russian Federation in the Zadonsk region with an application for the appointment of an early retirement pension on the basis of subclause 19 clause 1 art. 27 Federal Law “On Labor Pensions in the Russian Federation” (case sheet 162-164).
By decision of the State Administration of the Pension Fund of the Russian Federation in the Zadonsk region dated August 26, 2011 No. 45 Yakusheva L.S. early assignment of a labor pension was denied, since when calculating special length of service, periods of work were excluded: from DD.MM.YYYY to DD.MM.YYYY - as a coach at the Zadonsk Youth Sports School, because this position is not provided for by the List approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, the List approved by Decree of the Council of Ministers of the RSFSR No. 463 of September 6, 1991, the List approved by Decree of the Government of the Russian Federation No. 1067 of September 22, 1999, the List approved by Decree of the Council of Ministers of the USSR No. 1397 of December 17, 1959. The period of work from September 1, 2000 to June 1, 2005 is also not included in the calculation of special length of service, since the position of “senior pioneer leader” is not provided for in the List approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, but for the position of “history teacher” the volume of teaching or educational workload is less than that established for the rate, and according to clause 4 of the Rules approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, periods of work starting from DD.MM.YYYY are counted towards teaching experience provided that the standard working time is met, the established wage rate.
The defendant included the periods of work of L.S. Yakusheva in the special work experience. total duration DD.MM.YYYY (case sheets 148-150).
From a copy of L.S. Yakusheva’s work book. it follows that she worked: from DD.MM.YYYY to DD.MM.YYYY as a coach at the Zadonsk children's and youth sports school, from DD.MM.YYYY to DD.MM.YYYY as a physical education teacher at Zadonsk secondary school No. 2, from DD.MM.YYYY by DD.MM.YYYY - senior pioneer leader and history teacher of the same school, which with DD.MM.YYYY was renamed the Municipal Educational Institution Secondary School No. 2 (MOU Secondary School No. 2) of Zadonsk. From DD.MM.YYYY to the present Yakusheva L.S. works as deputy director for educational work with retention of hours as a history teacher at Municipal Educational Institution Secondary School No. 2 in Zadonsk (case sheet 165-170).
Thus, according to the entries in the plaintiff’s work book, she was hired at the Zadonsk Youth Sports School as a coach DD.MM.YYYY and worked in this position until DD.MM.YYYY (inclusive).
In the specified List, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, in the section “Name of institutions” there is the name “children’s and youth sports schools of all names.” In the “Names of Positions” section there is the position “trainer-teacher”, the position “trainer” is missing.
The Constitutional Court of the Russian Federation in Resolution No. 2-P of January 29, 2004, with reference to Resolution No. 8-P of May 24, 2001 and Determination No. 320-O of November 5, 2002, indicated that in relation to citizens who purchased pension rights until the introduction of new legal regulation, previously acquired rights to a pension are preserved in accordance with the conditions and norms of the legislation of the Russian Federation in force at the time of acquisition of the right.
Thus, when assessing the pension rights of Yakusheva L.S. during the period of work before October 1, 1993, Resolution of the Council of Ministers of the USSR No. 1397 of December 17, 1959 can be applied, in the period from October 1, 1993 to November 1, 1999 - Resolution of the Council of Ministers of the RSFSR of September 6, 1991 No. 463, during the period from November 1, 1999 to November 11, 2002 - Decree of the Government of the Russian Federation of September 22, 1999 No. 1067.
However, none of the above-mentioned resolutions in the list of positions in which work gives the right to an early pension includes the position of “coach”.
At the same time, The court considers that the defendant unreasonably excluded the plaintiff’s period of work at the Zadonsk Youth Sports School from the preferential length of service.
So, in accordance with the Standard Staff of Children's and Youth Sports Schools of the Education System, approved by the head of the department of public education and the head of the finance department of the administration of the Lipetsk region, the normative name of the position in which L.S. Yakusheva worked is “coach-teacher” (l.d. .215-216).
From copies of K. and G.’s work records, it is clear that they worked at the Zadonsk Youth Sports School together with the plaintiff, and their position was indicated as “trainer-teacher” (case file 205-2120.
Witness K. testified to the court that he worked at the Zadonsk Youth Sports School DD.MM.YYYY as a trainer-teacher. In DD.MM.YYYY, L.S. Yakusheva began working in the same school. They both trained children skiers and performed the same pedagogical functions, including raising children.
Witness G. testified to the court that she worked at the Zadonsk Youth Sports School as a skiing coach and teacher with DD.MM.YYYY. All the school coaches had the same job functions, which included training, raising and educating children. The only differences were the ages of the children each coached and the sport they coached.
The court trusts the testimony of these witnesses and classifies them as admissible evidence because they are consistent, logical and objectively supported by written materials in the case.
In the tariff lists of teachers and other employees of the Zadonsk Youth Sports School on DD.MM.YYYY and DD.MM.YYYY, all employees who trained children are listed as “trainers-teachers,” including K. and G., not a single position “ coach" is not on the lists (case sheets 236-238).
However, in the tariff list of teachers and other employees of the Zadonsk Youth Sports School on DD.MM.YYYY, all trainers and teachers are included as trainers, including Yakusheva L.S., K. and G. (case sheets 220-221).
Thus, the court comes to the conclusion that when filling out the work book Yakusheva L.S. When hiring at the Zadonsk Youth Sports School, the position was renamed (coach-trainer-teacher), but in fact we are talking about identical positions, and the employer erroneously indicated the position of L.S. Yakusheva. as a coach, instead of a trainer-teacher.
In addition, as follows from the explanations of Yakusheva L.S. and the testimony of witnesses K. and G., the plaintiff was engaged in teaching activities, with which the legislator associates the appointment of an early pension, since the employee is exposed to the adverse effects of factors determined by the specifics and nature of the work.
From the above List of Positions, it can be seen that trainers and teachers who worked with children in children’s and youth sports schools have the right to preferential pension benefits. And since Yakusheva L.S. trained children in such an institution, it is obvious that her work was connected with children.
Taking into account the above, the disputed period of work of the plaintiff as a coach (trainer-teacher) at the Zadonsk Youth Sports School from DD.MM.YYYY to DD.MM.YYYY should be included in the teaching experience.
From entries in the work book of Yakusheva L.S. it follows that from DD.MM.YYYY to DD.MM.YYYY she worked as a senior pioneer leader and history teacher at Municipal Educational Institution Secondary School No. 2 in Zadonsk, while in DD.MM.YYYY she was assigned the qualification category for the position of “organizer of children’s movement”, and in DD.MM.YYYY - by the position of “senior counselor” (case files 168,169).
In the List approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 in the section “Name of institutions” there is a name: “general education schools of all names.” In the “Names of Positions” section there are positions: “deputy director, whose activities are related to the educational (educational) process”, “organizer of extracurricular and out-of-school educational work with children” and “teacher”. The positions “senior pioneer leader”, “senior leader”, “children’s movement organizer” are absent both in this List and in the List approved by Decree of the Government of the Russian Federation of September 22, 1999 No. 1067, which was in force during the period of work of the plaintiff with DD.MM.YYYY by DD.MM.YYYY.
The parties do not dispute that in the period from DD.MM.YYYY to DD.MM.YYYY Yakusheva L.S. worked as a history teacher, but in this position did not carry out the teaching load established for the salary rate, whereas according to paragraph 4 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age labor pension to persons carrying out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, periods of work performed before September 1, XXXX in positions in the institutions specified in the list are counted in length of service, regardless of the condition of fulfilling the standard working time (teaching or educational load) during these periods, and starting from September 1, 2000 - subject to fulfillment (in total for the main and other places of work) of the standard working time (teaching or educational load) established for the wage rate (official salary), except for the cases specified by these Rules.
Since the plaintiff did not fulfill the standard working hours for the salary rate in her position as a teacher, then the statement that her activities during the disputed period were related to the educational process has no legal significance for the case. Due to the current pension legislation, the nature of work is determined not as a whole for all positions held by an employee at the same time, but for each position separately.
Arguments of the plaintiff and her representative about the actual implementation of Yakusheva L.S. the duties of the organizer of extracurricular and out-of-school educational work with children and the identity of the position of senior pioneer leader of this position also do not have legal significance for the case, because The defendant excluded from the calculation of preferential length of service the period of work of the plaintiff, starting from September 1, 2000, and in accordance with paragraph 10 of the Rules for calculating periods of work, which gives the right to early assignment of an old-age pension to persons engaged in teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”, approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781, work as an organizer of extracurricular and out-of-school educational work with children is counted as work experience for the period before November 1, 1999.
The arguments of the plaintiff and her representative about the identity of the functional duties performed by the plaintiff in the position of senior pioneer leader, organizer of the children's movement with the duties of the deputy director of the school for educational work, as well as the absence of the position of deputy director of the school for educational work in the Municipal Educational Institution Secondary School No. 2 of Zadonsk during the disputed period, are insolvent.
In accordance with paragraph 2 of the Decree of the Government of the Russian Federation of July 11, 2002 N 516, the right to establish the identity of professions, positions and organizations provided for in Articles 27 and 28 of the Federal Law "On Labor Pensions in the Russian Federation", as well as Lists of jobs, professions , positions, specialties and institutions, taking into account which an old-age labor pension is assigned early, the same professions, positions and organizations that previously had other names, were provided to the Ministry of Labor and Social Development of the Russian Federation on the proposal of the federal executive authorities and in agreement with the Pension Fund Russian Federation.
The Ministry of Labor and Social Development of the Russian Federation did not establish the identity of the positions of “senior pioneer leader”, “organizer of the children’s movement” and “deputy director for educational work”.
The question of the identity of the functions, conditions and nature of activity performed by the plaintiff with those positions that give the right to early assignment of an old-age pension, in order to resolve the issue of counting these periods into special length of service, can be decided by the court in the event that the employer incorrectly names the position held by the plaintiff.
The all-Russian classifier of worker professions, employee positions and tariff categories, approved by Resolution of the State Standard of Russia of December 26, 1994 N 367, provides for the position of “counselor”.
The position of the organizer of the children's movement is generally absent from any regulatory documents.
According to the Resolution of the Ministry of Labor of the Russian Federation dated August 17, 1995 No. 46-1 “On the coordination of wage grades and tariff and qualification characteristics (requirements) for positions of employees of educational institutions of the Russian Federation, tariff and qualification characteristics are provided for the position of “senior counselor”.
According to the staffing schedule of Municipal Educational Institution Secondary School No. 2 of Zadonsk for the period from DD.MM.YYYY to DD.MM.YYYY, the school had one position of senior counselor, the positions of senior pioneer leader, organizer of the children's movement were not provided for (case file 49- 65).
From the copy of order No. dated DD.MM.YYYY it follows that Yakusheva L.S. was transferred to the position of deputy director of the school for educational work from the position of senior counselor (case file 28).
As can be seen from the case materials, the school developed and approved a job description for a named senior counselor (case sheet 197-199).
The parties do not dispute that from DD.MM.YYYY to DD.MM.YYYY in the municipal educational institution secondary school No. 2 of Zadonsk there was no pioneer organization. This circumstance was confirmed at the court hearing by witnesses K. and S.
Since the plaintiff was hired for the position of senior pioneer leader of Municipal Educational Institution Secondary School No. 2 of Zadonsk DD.MM.YYYY, and during the period of her work from DD.MM.YYYY to DD.MM.YYYY there was no pioneer organization at the school, and according to its staffing the position was named “senior counselor”, from this position she was transferred to another job, it was the position “counselor” that was retained in the All-Russian Classifier of Professions, then the court believes that the correct name of the position that the plaintiff held during the disputed period is “senior counselor”.
From the staffing schedules of Municipal Educational Institution Secondary School No. 2 of Zadonsk for the period from DD.MM.YYYY to DD.MM.YYYY, it is clear that every year the school had several positions for a deputy director of the school, including for educational work.
According to the job description, the deputy director of the school for educational work was guided by his job description. The job responsibilities for this position differed significantly from the responsibilities of a senior counselor (case sheets 200-203).
From the orders for the school on substitution during illness, it can be seen that during the controversial period, the position of deputy director for educational work was occupied by K. (case files 25, 26, 29). She confirmed this circumstance in court during questioning as a witness.
Witness K. also testified to the court that in DD.MM.YYYY Yakusheva L.S. was a counselor, but performed the same functions as she did in the position of deputy director of the school for educational work, and was engaged in teaching activities. The only difference was the age of the students they worked with.
Witness S., director of Municipal Educational Institution Secondary School No. 2 of Zadonsk to DD.MM.YYYY, gave similar testimony to the court.
The testimony of witnesses K. and S. about the identity of the nature of the work of the deputy director for educational work and the senior counselor is not objectively confirmed by anything, they are refuted by the above written materials of the case, therefore the court does not trust them and considers them unacceptable evidence.
Given such data and taking into account the fact that in the municipal educational institution secondary school No. 2 of Zadonsk, according to the staffing table, there was both the position of senior counselor and the position of deputy school director for educational work, these positions were occupied by different employees, each of whom was guided by the job description for the corresponding positions, job responsibilities for each position were completely different, then the court comes to the conclusion, that the position of senior counselor cannot be recognized as identical to the position of deputy school director for educational work.
The argument of the plaintiff and her representative that Yakusheva L.S. actually performed the work of the school’s deputy director for educational work due to the absence of such a position on the staff, which is not confirmed by anything and is refuted by the above evidence.
The argument of the plaintiff and her representative that during the disputed period she worked directly with children, was certified and awarded as a teacher, etc., that is, she was engaged in teaching activities, cannot be taken into account by the court, because within the meaning of pension legislation, not any pedagogical work with children is subject to inclusion in special teaching experience, but only that which is provided for in the positions named in the specified lists.
From the case materials it is clear that in the period from DD.MM.YYYY to DD.MM.YYYY the plaintiff several times acted as deputy director of the school for educational work. However, based on the fact that the grounds for the claim are different, and the evidence available in the case is not sufficient to establish all the legally significant circumstances for including these periods in the preferential period, the court does not take this into account.
Based on the above, the court comes to the conclusion, that in satisfying the claims of Yakusheva L.S. to the State Administration of the Pension Fund of the Russian Federation in the Zadonsky district of the Lipetsk region for inclusion in the length of service that gives the right to early assignment of a labor pension for teaching activities, the period of work from DD.MM.YYYY to DD.MM.YYYY should be refused.
Since the plaintiff has less than 25 years of special teaching experience, her request for recognition of her right to early assignment of an old-age pension in connection with her teaching activities is also subject to refusal.
The plaintiff borne the legal costs herself.
Guided by Art. Art. 194-199 Code of Civil Procedure of the Russian Federation, court
decided:
Oblige the State Administration of the Pension Fund of the Russian Federation in the Zadonsky district of the Lipetsk region to include in the length of service of L.S. Yakusheva, which gives the right to early assignment of a labor pension for teaching activities, the period of work from DD.MM.YYYY to DD.MM.YYYY. In the rest of the claims, Yakusheva L.S. refuse.
The decision can be appealed to the judicial panel for civil cases of the Lipetsk Regional Court within ten days from the date of adoption in final form by filing a complaint through the Zadonsky District Court.
Presiding
The decision was made in the final form DD.MM.YYYY
Presiding
Accent placement: LEADER
COUNSELOR young pioneers (pioneer leader). The senior leader is a representative of the Komsomol in pioneer squads and detachments, political. leader, educator and organizer of young pioneers. This is a senior comrade, friend and mentor to the guys.
Pionersky V. daily manages the pioneer squad on the basis of the Regulations on the All-Union Pioneer Organization named after. V.I. Lenin, decisions of plenums and congresses of the Komsomol Central Committee, strictly adheres to the principles of the activities of the pioneer organization. Komsomol members and communists, the best social activists who are at least 18 years old and have the necessary education, political and cultural level, organizational abilities and skills, are sent to work as senior V. V. works under the leadership of district, city zonal or territorial Komsomol committees, councils of the pioneer organization and is responsible to them for working with pioneers. The selection, approval and dismissal of senior V. is carried out by the district, city zonal or territorial Komsomol committees in agreement with the relevant councils of the pioneer organization and local people's bodies. education.
V.'s main responsibility is to educate pioneers in the spirit of devotion to communism, the Motherland, Communist. parties, raise them to be hardworking, physically and morally healthy. The success of working with pioneers largely depends on the squad leaders. The senior leader, together with Komsomol organizations of production enterprises or institutions, selects a competent, energetic, child-loving Komsomol member for each V. squad, and from among the Komsomol members of the school - V.'s assistants. Recently, a collective V. has appeared - a communist brigade. labor. Members of the brigade teach the children by their example to live, work and study in a communist way. The detachment counselor works under the guidance of the senior counselor and the Komsomol committee that sent him to the detachment, in close contact with the class teacher and teachers of the given class. The troop leader organizes and directs all the activities of the pioneers.
Pioneers are a change in the Komsomol, each pioneer strives to become a member of the Komsomol. V. prepares them for joining the Komsomol, introduces them to the Komsomol Charter, the combat and labor affairs of the Komsomol, organizes meetings with Komsomol members and communists. At the request of the children, he creates groups based on interests, for example, young cosmonauts, technicians, sailors, art and book lovers, tourists, etc.
V. organizes work with pioneers not only at school, but also in the pioneer zone, at the place of residence of children, in clubs, at stadiums, in parks, and in out-of-school institutions. Together with the pioneers and parents, the V. equip pioneer rooms, children's clubs, sports and playgrounds at the house administrations, create various clubs and sports and tourist sections. V. is the organizer of work with the Octoberists, together with the Komsomol organizations of schools and the squad council, he selects Komsomol students and pioneers of senior detachments to work with the Octoberists.
Senior V. conducts all his work through the squad council, and detachment V. - through the squad council. Support V. is a pioneer asset. V. works with pioneer activists on a daily basis, teaching them to act independently. It trains pioneer instructors in tourism, sports, amateur performances, technology, and youth work. For this, the op creates a special one. circles, in the leadership of which it attracts teachers, Komsomol members, production workers, and parents.
Pioneers are a lively and curious people. They are interested in space flights, the Arctic and Antarctic, powerful hydroelectric power stations, new cars, issues with. x-va, cybernetics, art, etc. It is difficult for V. to satisfy the needs and interests of the children alone. He resorts to the help of parents, workers, labor veterans, workers in science and technology, culture, and Soviet soldiers. Army, pensioners. From among these people, V., together with the Komsomol committee, creates a “Council of Friends” squad.
V.’s work is complex and responsible, it requires a lot of knowledge. Therefore, V. must constantly study, master the theory of Marxism-Leninism, ped. knowledge, improve your cultural level, study the best practices of educational work of schools, pioneer squads, teachers, counselors. V. can study at retraining courses at teacher training institutes, at correspondence and evening pedagogical departments. Institute and other universities.
V. is not only an organizer, but also a craftsman. He must have practical knowledge. skills and abilities, be able to lead a group or judge sports competitions and games, know the basics of tourism, take photographs or play a musical instrument. Practical V. acquires skills at the House of Pioneers, at seminars, and in school workshops.
In all his work, V. is closely connected with ped. team. The school director, teachers - advisers and assistants to V. He consults with them on the content and methods of work, relies on their experience and knowledge, and attracts teachers to work with the pioneers. As a member of the ped. council, senior V. has the right to introduce ped. Council issues related to the activities of the pioneer squad and detachments, with the participation of teachers in working with pioneers.
The senior pioneer leader enjoys the rights and benefits established by the Council of Ministers of the USSR for teachers in their financial and legal situation, and, in particular, the rights and benefits established for correspondence teachers during correspondence education in higher education. uch. establishments. Having ped. education and three years of experience working with pioneers, a senior pioneer leader can teach lessons in his specialty for no more than 6 hours a week.
Hundreds of thousands of people work in the USSR as young pioneers. Many of them work creatively, with inspiration, and give all their knowledge, skills, and energy to the pioneers. V., who distinguished themselves in their work with pioneers, are awarded badges of the Central Council of the All-Union Pioneer Organization named after. V.I. Lenin “For active work with pioneers”, “Best counselor”, Ministry of Education - “Excellence in public education”, diplomas of the Central Committee of the Komsomol, Central Council of the All-Union Pioneer Organization named after. V.I. Lenin, Central Committee of the Komsomol of the Union republics, regional committees and regional committees of the Komsomol.
A. Ya. Yakovleva. Moscow.
Sources:
- Pedagogical encyclopedia. Volume 1. Ch. ed. - A.I. Kairov and F.N. Petrov. M., "Soviet Encyclopedia", 1964. 832 columns. with illustration, 7 p. ill.
17/05/2012
90 years ago - on May 19, 1922 - the All-Union Pioneer Organization named after. V.I. Lenin. As a result, such a profession appeared in the Soviet Union - pioneer leader. There is no Soviet Union, pioneering is a thing of the past, but the profession, in a strange way, remains. Because those who managed to work as pioneer leaders in the 70s, 80s, and 90s are sure: there are no former leaders. People who remain like them in their souls remember why it was so good to be a pioneer leader.
TO then I became a counselor
Pioneer leaders in the USSR could work in a pioneer camp and in a school (in schools there was such a staff unit - a senior pioneer leader). There, the counselor reported to the head teacher for extracurricular activities, who, in turn, reported to the school director.
The senior pioneer leader's salary was 70 - 80 rubles per month. As a rule, students worked as counselors, combining work with study, most often at a pedagogical university (but not necessarily).
I myself worked with the pioneers for five years, two years as a counselor and three as a deputy. school director for educational work. My husband loves to remember how, in the first years of our life together, I, practically without waking up, would sit on my bed at night and very convincingly ask him: “Sit with my pioneers.”
In the summer, the children went to pioneer camps (however, after the 8th or 9th grade, schoolchildren still went to work in the LTO - a labor and recreation camp, and teachers went with them). Pioneer camps were different.
“Artek” was considered the main camp of the country - official, pretentious, façade, all-Union. The All-Russian camp “Orlyonok” near Tuapse is a completely different matter. The best children - pioneer and Komsomol activists, winners of all sorts of Olympiads and competitions, creative competitions and festivals - were supposed to go to "Orlyonok" and "Artek". The shifts in these camps, as a rule, were thematic. The vouchers were distributed through city and district Komsomol committees, one might say, according to regulations.
For example, a change of pioneer activist, you need to send the chairman of the council of the pioneer squad, preferably a girl (boy) of a certain age... Or a sports shift - they look for children in sports schools and clubs, etc. These camps operated year-round, where they not only rested, but also studied. It was believed that every Soviet pioneer dreamed of visiting there.
Vouchers to pioneer camps were both free and paid, or partially paid. In the Leningrad region, a kind of analogue of “Orlyonok” was “Zerkalny”. In the 1990s, it became possible to simply buy a ticket there for your child. A separate detachment was created from such children (about this, see the story of Igor Pavlovsky).
The remaining camps were mainly from various production associations, plants and factories. The richer the enterprise, the better the camp.
Pioneer life largely depended on the camp director and senior pioneer leader. But I personally know few people who didn’t like it at all in the pioneer camp - as a rule, these are those who are allergic to discipline and a collective way of life. For the majority, this is, first of all, romance: bonfires, songs, hikes, first love, concerts, performances, etc.
Often the director of a pioneer camp formed a detachment of counselors and educators, gathering people from universities and schools. But mostly students went there, sometimes they worked for money, sometimes as part of a student leader group, sometimes for free. So Alla Repina worked at Orlyonok as a volunteer.
Who was the young drummer?
Everything that I myself loved most about pioneer work - the Eaglet circle, evening gatherings “tell me about me” and a creative attitude to any task - came to us from “Eaglet”. From 1976 to 1980, Alla Repina, now the editor of the department of the newspaper “Evening Petersburg”, and then a student at the Faculty of Journalism of Leningrad State University, worked as a counselor at Orlyonok. The spirit of the 60s (the camp was conceived in 1957, and began its work in 1960), new ideas, a creative atmosphere - all this drew Repina to Orlyonok, where she spent her summer student holidays.
Once a year, an international session was held at the camp. “Our foreigners” came to “Orlyonok”: disciplined Czechs and even more disciplined Germans from the GDR, cheerful Greeks and Cubans. The latter were freezing and could not understand why they were brought to this cold sea, and also why boys and girls could not sleep in the same bedroom? Alla Repina remembers how the guest of honor at the camp was Aleida Guevara March, the daughter of Comandante Ernesto Che Guevara. But the real culture shock for her was the arrival of the Palestinians.
It was a detachment of young Palestinian partisans,” Alla recalls. - Uncontrollable boys 10 - 12 years old. In the “Spiritual” pioneer squad, where I worked, as well as in the entire camp, the detachments were specialized. Some sang, some danced. This was very suitable, for example, for the Cubans. But what to do with these Palestinian children? It was necessary to somehow discipline them, to offer something of an army plan. We decided to create a squad of young drummers from them.
And the counselor Alla Repina, day after day, to the delight of the Palestinians, practiced with them on the drum the well-known pioneer march “Who was, who was, the young drummer? What was, what was the old drum?
And now I’m watching the news on TV,” Alla continues. - There is a demonstration of Palestinians in the Gaza Strip, led by respectable 40-year-old Arab guys, they walk and play almost pioneer drums. My heart skipped a beat: weren’t these the same drummers? I even began to ask Middle East specialists whether Palestinians often go to demonstrations with drums?
Adult games
Of course, ideology was present in the work of a counselor. But the amount of this ideology depended on those who worked with children. The smart ones used it as a tool. Or - as an example of a moral ideal.
On May 19, while I was studying at school in Ivangorod, we went on a hike, always overnight. We set up camp on Narova, says Natalia Savoshchik, editor of Radio Russia, pioneer leader of the “conscription” of 1982 - 1985. Maybe that’s why, having received a diploma from the Leningrad Institute of Culture with a degree in Directing Mass Celebrations, Savoshchik became a member of the Interuniversity Educational Team and worked as a counselor in a pioneer camp for more than one summer. The summer of 1985, spent in the village of Anino, in a labor camp led by psychologist and teacher Anatoly Osnitsky, was especially memorable.
In my opinion, Anatoly Viktorovich tried to adapt Makarenko’s system to modern conditions,” says Savoshchik. - We didn’t have squads, we had crews of different ages. All the guys were sailors, the counselors were junior officers. We wore uniforms, yellow naval shirts with shoulder straps of lieutenant commanders. Cleaning, duty in the kitchen - discipline was observed easily, everything was done in a playful way.
Thanks to Osnitsky, I realized for the first time that any game is a reflection of life.
I remember how on June 22 at four in the morning the alarming howl of sirens was heard in the camp, followed by shell explosions - the counselors and I decided not just to mark the day the war began, but to immerse the children in the atmosphere of that time. Due to the alarm, an urgent formation took place in the camp, followed by an 8-kilometer forced march to Voronya Mountain, these are the Pulkovo Heights. After cleaning, they laid flowers at the memorial, and at dawn they held a Memory Watch. In my opinion, this is something that shapes us and stays with us forever. The form of the camp was playful, and the relationships between people were very real.
For life and health
The most difficult thing for a Pioneer leader in the camp was not only to understand that at this moment you are “responsible for the life and health of children” (we all signed up for this phrase in orders on appointment to the position of Pioneer leader, on the organization of a school tour rally, on the departure of high school students on vacation and etc.), but also really be responsible for the life and health of twenty to thirty children who are only a few years younger than you.
It was the profession of a counselor that taught Igor Pavlovsky, now deputy. editor-in-chief of the Regnum agency, work with large complex teams. Pavlovsky, then a student at the Faculty of History at the Pedagogical Institute, worked as a leader in the summer of 1991 - 1993. And he clearly remembers the moment when he first felt like an adult. Pioneer camp "Mirror". Summer of '92. Igor, who came on shift as an assistant, is assigned as a counselor for the most difficult senior combined detachment.
If in other detachments the creative groups of the Palace of Pioneers, pioneer and Komsomol activists rested, then in the senior unit there were goofballs (Pavlovsky’s definition), for whom wealthy parents bought vouchers to the best camp in the Leningrad region. Igor met his squad on the railway platform, brought it to the residential building, and built it. There are 20 people standing, everyone looking at him and waiting for what he will say. It was then that Pavlovsky realized that he was now the last one here. “Yesterday you were an 18-year-old student, and today, “I am responsible for life and health,” Igor Pavlovsky clarifies his condition at that time.
The following summer, Pavlovsky in “Mirror” was a counselor at the “Daring” club of the Palace of Pioneers. Together we came up with the symbolism of the detachment: a coat of arms, a flag - a blue cloth, in the center there is a folio with a feather and gold stars in a circle, like the European Union now has. But he had nothing to do with it - this is how Igor’s passion for “Gold on Blue” by Grebenshchikov influenced pioneer life. Igor still communicates with some of his students, for example, with Elizaveta Aghamalyan, press secretary of the Speaker of the Legislative Assembly. And pioneer leader Pavlovsky’s assistant was the now famous Denis Klyaver from the “Tea for Two” group.
I remember,” says Igor, “that we slept in the camp for 2-3 hours, no more. You spend the whole day with children, and after lights out, life as a counselor begins. For example, part of our leader’s detachment went at night on boats to the island, we sang there, lit fires and cooked “gummy berry juice” - for three liters of plum compote, one liter of Royal alcohol and stir...
Now there are no counselors at the school, only the head teacher for educational work remains. In summer camps there is something similar to pioneer leaders, although they are called differently. However, in essence these are still the same young people who are attracted by the same romance. And they still sing songs around the fire with a guitar, and go on hikes... The ideals are only more complicated, it’s not very clear who to offer children as these ideals .
