en
Who can receive a pension on preferential terms?
Who can receive a pension on preferential terms?
According to the requirements of the legislation, the retirement age of some citizens may be reduced by 5 years. According to Article 9.1 of the Law “On Labor Pensions”, regardless of the last place of work, men who have worked for at least 12 years and 6 months and women who have worked for at least 10 years in the work specified in the list of special branches of art, underground, and work with especially harmful and difficult working conditions (productions, professions, positions and indicators) approved by the relevant executive authority, which provide the right to receive a labor pension on preferential terms, regardless of the last place of work, have the right to a labor pension by age with a reduction of the age limit by 5 years within the conditions specified in Article 7 of this Law.
“List of productions, professions, positions and indicators providing the right to a labor pension on preferential terms” was approved by the Resolution No. 12 of the Cabinet of Ministers dated January 23, 2007.
According to that Resolution, the currently valid List of professions and positions granting the right to a pension on preferential terms consisted of 35 parts, 280 subsections and more than 4,000 titles of positions and professions. Strengthening labor protection and safety measures in workplaces, as well as the application of modern technologies to production, necessitated changes in the list of heavy and harmful professions and positions granting the right to a preferential pension. For this reason, the said list was improved by the Resolution of the Cabinet of Ministers dated February 9, 2024. In the Resolution, according to the results of the attestation of workplaces conducted by the Ministry of Agriculture, SOCAR, “Azerbaijan Caspian Shipping” CJSC and “Azerbaijan Railways” CJSC, the names of professions in 3 areas were given in a new edition, and the names of 6 new professions were added to the list of preferential professions. According to the decision, the names of 13 professions that have lost their relevance and currently do not exist, based on the proposals of relevant bodies, have been removed from the list of professions that provide the right to an old-age labor pension on preferential terms.
But how can citizens who have the right to an old-age labor pension on preferential terms prove this? What documents should they submit?
Clarifying the questions, Rashad Mehdili, the press secretary of the State Social Protection Fund under the Ministry of Labor and Social Protection of the Population, said that in areas that provide the right to an old-age labor pension on preferential terms, men who have worked for at least 12 years and 6 months in jobs with particularly harmful and difficult working conditions and women who have worked for at least 10 years, within the conditions provided for in Article 7 of the aforementioned Law, have a pension capital that allows for a pension provision of not less than the minimum amount of the labor pension, or have at least 25 years of insurance experience, and the retirement age limit is reduced by 5 years, thereby creating the right to an old-age labor pension on preferential terms.
According to him, in order to determine the right to an old-age labor pension on preferential terms, a copy of the person's identity card, documents confirming the insurance record (labor book, document on the period of active military service, certificate of full-time education, etc.) and a certificate confirming the period of work in harmful labor conditions are required. These documents are important for determining the person's right to an old-age labor pension on preferential terms and, if entitled, the amount of the pension.
According to Article 31.2-2 of the Law "On Labor Pensions", if it is possible to obtain the documents or information necessary for the determination of a labor pension through the Electronic Government Information System, such documents or information are not required from the applicant. In cases where it is not possible to obtain them, they are required from the relevant state body upon request with the consent of the applicant or provided by the applicant. The period of work of a person in jobs with particularly harmful and difficult working conditions is determined based on the employer's certificate, - said R. Mehdili.
The SSPF official also added that according to the “Rules for the determination, calculation, recalculation, transfer from one type to another and payment of labor pensions” of the Cabinet of Ministers, the social insurance seniority for labor relations established before the electronic system is determined based on the work book, or in its absence, the employer’s certificate or the state archive’s certificate. In addition, other periods of activity included in the social insurance seniority are taken into account, if necessary, based on relevant certificates and documents.
“In order for persons working in heavy and harmful industries to have the right to a labor pension on preferential terms, at least 12 years and 6 months of work experience for men and at least 10 years of work experience for women in the jobs specified in the relevant list approved by the Cabinet of Ministers, as well as 25 years of total work experience or a pension capital that allows for minimum pension provision, are required. The pension amount is the amount of the pension capital formed based on the person’s insurance seniority for the period up to January 1, 2006
According to the requirements of the legislation, the retirement age of some citizens may be reduced by 5 years. According to Article 9.1 of the Law “On Labor Pensions”, regardless of the last place of work, men who have worked for at least 12 years and 6 months and women who have worked for at least 10 years in the work specified in the list of special branches of art, underground, and work with especially harmful and difficult working conditions (productions, professions, positions and indicators) approved by the relevant executive authority, which provide the right to receive a labor pension on preferential terms, regardless of the last place of work, have the right to a labor pension by age with a reduction of the age limit by 5 years within the conditions specified in Article 7 of this Law.
“List of productions, professions, positions and indicators providing the right to a labor pension on preferential terms” was approved by the Resolution No. 12 of the Cabinet of Ministers dated January 23, 2007.
According to that Resolution, the currently valid List of professions and positions granting the right to a pension on preferential terms consisted of 35 parts, 280 subsections and more than 4,000 titles of positions and professions. Strengthening labor protection and safety measures in workplaces, as well as the application of modern technologies to production, necessitated changes in the list of heavy and harmful professions and positions granting the right to a preferential pension. For this reason, the said list was improved by the Resolution of the Cabinet of Ministers dated February 9, 2024. In the Resolution, according to the results of the attestation of workplaces conducted by the Ministry of Agriculture, SOCAR, “Azerbaijan Caspian Shipping” CJSC and “Azerbaijan Railways” CJSC, the names of professions in 3 areas were given in a new edition, and the names of 6 new professions were added to the list of preferential professions. According to the decision, the names of 13 professions that have lost their relevance and currently do not exist, based on the proposals of relevant bodies, have been removed from the list of professions that provide the right to an old-age labor pension on preferential terms.
But how can citizens who have the right to an old-age labor pension on preferential terms prove this? What documents should they submit?
Clarifying the questions, Rashad Mehdili, the press secretary of the State Social Protection Fund under the Ministry of Labor and Social Protection of the Population, said that in areas that provide the right to an old-age labor pension on preferential terms, men who have worked for at least 12 years and 6 months in jobs with particularly harmful and difficult working conditions and women who have worked for at least 10 years, within the conditions provided for in Article 7 of the aforementioned Law, have a pension capital that allows for a pension provision of not less than the minimum amount of the labor pension, or have at least 25 years of insurance experience, and the retirement age limit is reduced by 5 years, thereby creating the right to an old-age labor pension on preferential terms.
According to him, in order to determine the right to an old-age labor pension on preferential terms, a copy of the person's identity card, documents confirming the insurance record (labor book, document on the period of active military service, certificate of full-time education, etc.) and a certificate confirming the period of work in harmful labor conditions are required. These documents are important for determining the person's right to an old-age labor pension on preferential terms and, if entitled, the amount of the pension.
According to Article 31.2-2 of the Law "On Labor Pensions", if it is possible to obtain the documents or information necessary for the determination of a labor pension through the Electronic Government Information System, such documents or information are not required from the applicant. In cases where it is not possible to obtain them, they are required from the relevant state body upon request with the consent of the applicant or provided by the applicant. The period of work of a person in jobs with particularly harmful and difficult working conditions is determined based on the employer's certificate, - said R. Mehdili.
The SSPF official also added that according to the “Rules for the determination, calculation, recalculation, transfer from one type to another and payment of labor pensions” of the Cabinet of Ministers, the social insurance seniority for labor relations established before the electronic system is determined based on the work book, or in its absence, the employer’s certificate or the state archive’s certificate. In addition, other periods of activity included in the social insurance seniority are taken into account, if necessary, based on relevant certificates and documents.
“In order for persons working in heavy and harmful industries to have the right to a labor pension on preferential terms, at least 12 years and 6 months of work experience for men and at least 10 years of work experience for women in the jobs specified in the relevant list approved by the Cabinet of Ministers, as well as 25 years of total work experience or a pension capital that allows for minimum pension provision, are required. The pension amount is the amount of the pension capital formed based on the person’s insurance seniority for the period up to January 1, 2006