The maximum age of stay in the civil service. The age limit for being in the state civil service: what should be remembered by the personnel officer Civil service after 60 years

For several years, the authorities have been talking about the need to raise the age limit for working citizens. The reform began with the public sector. In particular, since January 1, 2019 has changed. In the new edition, among other things, it is specified what is the age limit for being in the civil service.

For ordinary officials, it increased from 60 to 65 years. If a person holds the position of an adviser or assistant, you can work longer - until the end of the term of office assigned to him. This will require a written decision of the representative of the employer, as well as the written consent of the employee himself.

Special conditions are also provided for managers. With the consent of the employee and by decision of the state body (relevant official), the contract with such a civil servant can be extended until he is 70 years old.

It is important to understand that the age limit for civil service does not increase immediately: the qualification will increase annually by 6 months. According to the amendments, male officials will have to work the full 65 years by 2026. For women, a benefit is provided - leaving work at the age of 63. Until such an age, those who leave office in 2032 will have to work.

Note that 65 and 70 years is, in principle, not the limit. At the request of the employee and with the consent of the employer, cooperation can be continued on the basis of. The only thing is that the employee will no longer be able to hold a position related to the civil service.

New retirement rules

In addition to the termination of work due to old age, officials can quit on the basis of seniority. From 2019, the length of service required for this will also change annually for six months. According to the annex table to the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in Russian Federation”, for care in 2019, you will need a length of service of 16 years, and in 2019 - already 16.6 years. Those who expect to leave in 2026 must serve at least 20 years. The rules apply to both women and men.

It should be noted that, according to the current version of Law No. 166-FZ, in addition to the required length of service, federal state civil servants were also required to work for at least 12 full months in their last position. This rule does not apply to retirees who continue to work. In addition, it cannot be used if, as of January 1, 2019, a federal state civil servant:

• has already acquired the right to a superannuation pension;
• worked in the public sector for at least 20 years;
• has more than 15 years of service and was previously eligible for a disability pension.

The civil service is a professional activity of Russian citizens in various government bodies, which provides for the utmost diligence and responsibility, in connection with which extremely strict requirements are imposed on each candidate.

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The current legislation establishes a number of norms that regulate the stay of citizens in the public service, and, in particular, the permissible age at which a person can fulfill his obligations.

In this regard, citizens need to correctly understand what is the maximum age for civil service in 2019 and what standards provide for this.

What you need to know

Public service in accordance with established rules is divided into two main categories. The first is the federal civil service, which provides for the performance by a person of duties in various federal authorities, that is, when a citizen receives an appropriate amount of wages from the federal budget.

There is also a regional civil service. This group includes civil servants who perform their professional duties in various authorities subordinate to certain subjects of Russia. Such citizens are paid from the budget of a certain region, and only in some cases the salary is transferred to them from the national budget.

The civil service provides for a huge variety of positions. As with any other type of work, this case management positions, assistants and advisers to such persons, as well as authorized specialists who are engaged in the performance of specific tasks are provided.

In addition, this category also includes specialists involved in providing economic, informational and other types of activities of state bodies.

In accordance with the current legislation, any adult citizen of Russia who is fluent in the Russian language can enter the civil service.

Among the key advantages that make the civil service so attractive to modern citizens, it is worth highlighting the following:

Change in legislation

On December 28, 2017, certain adjustments were made to Federal Law No. 79, which regulates the civil service in Russia.

In accordance with the norms of this legislation, the maximum age that a person holding a certain public office can have is 65 years.

A civil servant who has reached the specified age, while holding an office in the category of "advisers" or "assistants", which is established to provide the required support to a certain government employee, may serve for an extended period of time if the appropriate decision is made by an authorized representative of the employer before the moment until the term of the employment contract concluded with the specified citizen expires.

If a citizen conducts labor activity as a civil servant in the category of "leader", that is, belongs to the highest group of positions, with his consent, the maximum allowable age for the performance of duties may be extended, however, a person will be able to engage in his labor duties no more than until he reaches they are 70 years old.

An appropriate decision must be made by an authorized representative of the state body that appointed him to the relevant position, or by another official.

After a citizen reaches the maximum permissible age, which is provided for by the current legislation for being in the civil service, an authorized representative of the employing organization may decide that, with the consent of the citizen himself, he continues to perform his official duties in a state body in accordance with the terms of the drafted a fixed-term employment agreement for any position that is not related to the civil service.

Thus, a person can continue to work in his usual environment, but not in the position that he previously held.

The problem of renewal and turnover of personnel

The reason for making adjustments to the age structure adopted in the modern public service was noted in the federal program for reforming this area, which was in effect during 2003-2005 and was approved in accordance with Presidential Decree No. 1336, published on November 19, 2002. Based on the information provided for 2002, average age citizens who held various positions in the public service, was approximately 40 years old.

Persons who have already reached retirement age, occupied only 3.5% of the total number of civil servants. At the same time, almost a third of the persons were over 50 years of age.

The overwhelming majority of civil servants, who at the time of the study were not yet thirty years old, held various public positions that were senior and junior groups, and more people was in the first category – 49.6%. The highest and main positions, which, in accordance with the norms, belong to category “B”, were occupied by citizens under thirty years of age only by 0.6%.

If this state of affairs had continued further, in the end, according to the forecasts of the vast majority of experts, in ten years there would have been a widespread dismissal of civil servants who held key positions, in the absence of the possibility of replacing them with a new generation of young employees who, at the same time, would have sufficient experience in the performance of relevant duties, as well as the required qualifications.

Thus, there was an objective need for competent formation legal basis for the renewal of civil servants, as well as the turnover of managerial positions in the civil public service, and, in particular, this was implemented through the introduction of a separate legislative norm establishing the maximum age at which a person can perform his duties while in the civil service.

What is the age limit

The Labor Code does not say anything about what the maximum allowable age may be for citizens who are in official labor relations with their employers. At the same time, this rule does not apply to public civil servants, since, in accordance with the norms of the Federal Law regulating the activities of such persons, as mentioned above, it is possible to retain certain positions until the person reaches the age of 65 years.

It should be said right away that, in accordance with the established norms and declared concepts, the definition of such an age criterion, which applies to all citizens who want to get a position in any state bodies, as well as the stay of a person in public service, does not constitute discrimination and cannot in no way violate the principle of equal access of citizens to certain public positions, which is provided for by the current norms of the Constitution.

The relevant clarifications published by representatives of the Constitutional Court state that the principle of equality, which is provided for in the Constitution for all citizens living on the territory of Russia, in no way creates obstacles for the legislative bodies in the implementation of the legal regulation of labor activity and the determination of differences in legal status people who belong to certain categories that differ from each other in terms of permissible conditions and type of activity, if the recorded differences themselves have an objective justification and fully comply with the goals indicated as constitutionally significant.

In accordance with the norms prescribed in the Ruling of the Constitutional Court No. 233-O, which was published on October 3, 2002, the establishment of the maximum age at which a person can hold certain public positions is a measure due to the specifics of modern professional activity, aimed to ensure the correct execution of the relevant powers of various public services, and therefore it cannot be considered as a discriminatory restriction of the rights granted to citizens in accordance with the Constitution.

If a service contract was issued with a citizen, which will be valid for an indefinite period of time, then after the person reaches the age of 60, his contract will be reissued to an urgent form.

The renewal period in this case ranges from one to five years, and, unlike the previously existing norms of the current legislation, it is not now necessary to renew the service contract with a civilian employee for each year. It will be possible to renew an employment contract for any necessary period from one to five years, while citizens over 65 years of age must be dismissed from public service, and the employer cannot make other decisions.

As mentioned above, you can take the opportunity to conduct further labor activity in a state body in any position that does not belong to the civil service category. In this case, the duties of a citizen are determined in accordance with his qualifications, the results of his professional activities achieved in the course of the civil service, as well as the state of health and the position held earlier.

For those civil servants who draw up an employment contract in order to fill a certain position that does not belong to the civil service category, the standard norms provided for by the current labor legislation will be considered.

Who can work longer

Some categories of civil servants may continue to conduct civil activities. First of all, this concerns the work of advisers and assistants who help a certain government employee, as they are given the opportunity to fully fulfill their official duties, that is, to remain in office until the powers granted to them end.

Managers work at will until the age of 70, but the order of appointment has been changed. Initially, the decision to extend the term of service of a citizen was made by the president, while at the this moment it is envisaged that it be submitted by the relevant official or state body that was engaged in the appointment of a person to a senior position.

The age limit established by the current legislation for a citizen to be in the civil service in Russia is a certain value, after which a person acting as a civil servant must retire on a well-deserved pension.

Today, both employees of various state bodies and ordinary citizens retire at the age of 55 and 60 for women and men, respectively. At the same time, it is already planned to launch a program aimed at increasing this mark to 63 and 65 years, respectively.

Will there be an increase in the retirement age?

For several years, the authorities have stated that it is required to increase the maximum permissible age for citizens holding various public positions as soon as possible, and therefore it is not surprising that, first of all, it was decided to introduce this reform precisely in the civil service sector . Thus, starting from January 1, 2019, the updated Federal Law No. 79, adopted on July 27, 2004, came into force, which regulates the civil service.

Among other things, the new edition contains clarifications about the maximum allowable age for citizens holding positions in the civil service.

Ordinary officials who previously worked until the age of 55 or 60 can now perform their labor duties until the age of 65. At the same time, in some of the situations mentioned above, it is possible to increase the initially set limit, in connection with which a person can work for a long period of time and earn himself an even more substantial pension.

The age limit for public service will not increase immediately, as it is planned to gradually increase this indicator every year by about six months.

In accordance with the amendments made to the Federal Law No. 400, adopted on December 28, 2013, male civil servants will have to serve the full 65 years by 2026, while women can leave their jobs at 63.

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Every year the budget deficit pension fund The Russian Federation is growing, billions of rubles are allocated annually from the Federal budget to cover it. In order to reduce the costs of the state budget, the Government of the Russian Federation resorts to different methods solutions to this problem. For example, the financial and economic blocs of the Government insist on the need to increase the retirement age for all citizens of the Russian Federation, while the social bloc strongly opposes this initiative. This issue has not yet been finally resolved, but for now the Government of the Russian Federation resorts to other methods of cost reduction - this is an indefinite cessation of indexation of pensions for working pensioners, "freezing" pension savings, raising the retirement age for civil servants.

Law on raising the retirement age for civil servants

Many experts are confident that raising the retirement age for civil servants is a preparatory stage for an appropriate measure for all categories of citizens of the Russian Federation.

The federal law on raising the retirement age for civil servants No. 143 dated May 23, 2016 amended the Federal Law No. 3 dated May 8, 1994 and entered into force on January 1, 2017.

This draft law on raising the retirement age for civil servants was adopted by the State Duma on May 11, 2016 and was approved by the Federation Council on May 18, 2016. There is no separate presidential decree on raising the retirement age, to be guided by the Decree of the President of the Russian Federation dated December 31, 2005 No. 1574 as amended on January 26, 2017 "On the Register of Positions of the Federal State Civil Service" to determine whether you are a civil servant or not.

The law on extending the retirement age for civil servants introduces new conditions and procedures pension provision those citizens who hold positions of state and municipal service in the Russian Federation and its subjects.

It should be noted that the draft law on increasing the retirement age for civil servants provides for the right of subjects and municipal self-government bodies to independently set the amount pension payments and additional payments to pensions, determine the requirements for the duration of work, etc. for citizens who conduct state and municipal service. At the same time, all relevant costs for these initiatives are fully assigned to the municipal budgets.

Retirement age of civil servants in Russia since 2017

Prior to the adoption of the Federal Law on raising the retirement age for civil servants, it was 55 years for women and 60 years for men. These are generally established age norms in the Russian Federation for the onset of old-age pension grounds. Since 2017, the requirements for the retirement age of civil servants in Russia have increased and amounted to 65 and 63 years for men and women, respectively.

According to state statistics, these changes have affected more than 1 million citizens holding positions in state, regional and municipal authorities, as well as deputies and senators. As well as more than 70 thousand officials who were supposed to retire in the near future.

It is worth noting that the increase in the retirement age for civil servants will take place gradually, increasing annually by six months during the transition period, until it reaches its maximum. It will be reached by 2026 for male civil servants, and by 2032 for female civil servants.

Which civil servants are subject to an increase in the retirement age

After the law on raising the retirement age for civil servants came into force, the question arose of who exactly belongs to this category?

This Federal Law and the changes introduced by it affected officials at all levels:

• persons holding a public position in the Russian Federation and its subjects;
• persons who replace municipal positions on a permanent basis;
• persons who hold public office. civil and municipal service.

These include: employees of the Federal Tax Service, employment services, statistics department, federal department. treasury, judicial authorities, executive authorities - bailiffs, Roslesnadzor, etc.

Employees of budgetary organizations (teachers, doctors, kindergarten teachers, teachers of state universities and employees of research institutes), as well as ordinary employees of various authorities (cleaners, programmers, etc.) do not belong to this category and are not subject to an increase in the retirement age of civil servants .

Extending the retirement age for civil servants

For civil servants since 2017, not only has the retirement age, but also a number of other age requirements that are taken into account when assigning pensions to this category of citizens.

So, along with the retirement age, the maximum possible period for conducting public service has increased. Now it is 65 years, but can be increased to 70 years by mutual agreement of the employee and the employer, after the conclusion of a fixed-term employment contract.

also increased minimum experience for the civil service, the achievement of which gives the official the right to a seniority pension and the appointment of a monthly pension supplement, up to 20 years (previously it was 15 years). It, as well as the requirements for the retirement age, will increase gradually and will reach a maximum by 2026.

All civil servants are entitled to a superannuation pension paid to the old-age (disability) insurance pension, as well as early retirement, if the seniority of the official is not less than the period indicated in the table, in the year the pension is granted.

It is worth noting that all these changes do not apply to those citizens who have already received the right to a service pension before 01/01/2017.

Retirement age for civil servants in 2017

In addition to the above changes, in 2017 the requirements for the minimum term of office of members of the Federal Assembly and State Duma deputies increased from 1 year to 5 years. For deputies - this period is the time of service during one convocation of the Duma. Fulfillment of this requirement entitles members and deputies to additional payment to the insurance pension in the amount of 55%. To receive an increased amount of payment (75%), it is necessary to fulfill these powers from 3 to 10 years.

Raising the retirement age for civil servants is one of the measures to reduce the costs of the PFR. Already in 2017, this will save the off-budget fund 600 million rubles, which will be used to fulfill other obligations of the PFR to current pensioners.

By general rule the achievement of employees of retirement age is not a basis for his dismissal. That is, if the time comes for an employee to apply for an old-age pension (for women - 55 years, for men - 60 years), the employer does not have the right to fire him. But for civil servants, different rules apply. In this article, we will find out if a civil servant can work after 60 years?

Indeed, there are different rules for civil servants. As one of the grounds for dismissal from the civil service is the achievement of the age limit for civil service in the civil service (Article 39 of the Federal Law of July 27, 2004 "On the State Civil Service of the Russian Federation" as amended on December 6, 2011, hereinafter - the Law on public service). This age is limited to 60 years (Article 25.1 of the Civil Service Law). Upon reaching the age of 60, an employment contract with a civil servant terminates, regardless of what contract (fixed-term or indefinite) was concluded with him.

Dismissal after 60: mandatory or not

The law on public service still contains an indulgence allowing a civil servant to remain in the service after 60 years by decision of the representative of the employer. But in this case, an open-ended service contract is necessarily renegotiated for an urgent one (Article 25.1 of the Law on Public Service). The term for which the contract can be renewed is up to 5 years, that is, until the employee reaches the age of 65. And this is the final term of stay in the civil service. Upon reaching the age of 65, a civil servant is subject to dismissal from the civil service. But even in this case, it is possible to continue working in a state body on the terms of a fixed-term employment contract, but already in a position that is not a civil service.

The second type is employees whose labor activity is limited to only one region. The third type is military personnel and persons who are equated to them. For each type there is a certain age, reaching which, you can safely go on a well-deserved rest. On average, it is defined as 60 years. At the request of the institution, an employee may work for a longer period of time, up to 70 years. The right to pension The draft law on raising the retirement age for civil servants has a number of changes that came into force on January 1, 2017. According to the new draft, the retirement age of citizens should be increased to 65 for men and 63 for women. At the same time, the length of service will also increase from fifteen to twenty years. Initially, it was supposed to send both men and women to retire at 65, but after the revision of the bill, the age of women was changed.

Article 25.1. age limit for civil service

This age is the limit for being in the civil service, and one of the grounds for dismissal is the achievement by the employee of the age limit.

• § Art. 39 of the Law "On the State Civil Service of the Russian Federation" (as amended on December 6, 2011)

But! You may be fired, but you are not required to. Your managers have the right to rewrite an indefinite service contract for a fixed-term one.

• § Art.

  
  25.1

  Law "On the State Civil Service of the Russian Federation"

  A new contract is concluded for up to 5 years (in your case, until you turn 65). After that, the employee must be dismissed from the civil service (the previous rule, which allowed contracts to be renewed annually, is no longer valid).

  Can a civil servant work after 60?

  Attention

  Citizens of the Russian Federation who have reached the age of 18, who speak the state language of the Russian Federation and meet the qualification requirements established by Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation". The qualification requirements for civil service positions include requirements for the level of professional education, length of service in the civil service (public service of other types) or length of service (experience) in the specialty, area of ​​training, professional knowledge and skills necessary for the performance official duties.

  
  Qualification requirements for civil service positions are established in accordance with the categories and groups of civil service positions.

  Retirement age for civil servants in Russia

  Conducting the competition itself. To conduct a competition, a competitive commission is formed by a legal act of a state body, which evaluates candidates on the basis of documents submitted by them on education, civil or other public service, other labor activities, as well as on the basis of competitive procedures using those that do not contradict federal laws and other regulatory legal acts of the Russian Federation on methods for assessing the professional and personal qualities of candidates, including individual interviews, questionnaires, group discussions, writing an essay or testing on issues related to the performance of official duties for a vacant civil service position for which candidates are applying.

  Officials added 10 years

  And for a federal civil servant who has reached the age of 60, who fills a position in the category of "heads" of the highest group of positions, the term of civil service, with his consent, may be extended by decision of the President of the Russian Federation until he reaches the age of 70 years. Also, a civil servant, if he wants to continue working in the relevant authority, then by decision of the representative of the employer, he can do this on the terms of a fixed-term employment contract for a position that is not a civil service position.

  This practice is quite common. The position may have different titles "expert", "consultant". A person often continues to perform the same work in the same office as before, only in a different status.
  P. 1, Art. 25.1 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”. P. 2 Art.

  The State Duma raised the retirement age of civil servants to 65 years

  The requirements for professional knowledge and skills necessary for the performance of official duties are established by local regulatory legal acts of the state body in which the applicant enters the service, and are designed to reflect the content and nature of the official duties expected to be performed in this position of the civil service. Do “young specialists” have an advantage over older generations? Under Russian law, age cannot be an advantage in and of itself.

  
  If the applicant falls within the age interval established by law, then he is allowed to participate in the competition. When passing the competitive selection for the civil service, the entire set of characteristics of applicants is taken into account: education, experience, professional knowledge and skills.

  Reference

  Qualification requirements for professional knowledge and skills necessary for the performance of official duties are established by a regulatory act of a state body, taking into account its tasks and functions, and are included in the official regulations of a state civil servant of the Russian Federation (hereinafter referred to as a civil servant). The organization of the entry of citizens into the civil service is carried out in accordance with the Federal Law of July 27, 2004 No.
  No. 79-FZ “On the State Civil Service of the Russian Federation”, Decree of the President of the Russian Federation dated February 1, 2005 No. 112 “On the Competition for Filling a Vacant Position in the State Civil Service”, as well as other regulatory legal acts.

  When evaluating the professional and personal qualities of candidates, the competition commission proceeds from the relevant qualification requirements for a vacant civil service position and other provisions of the official regulations for this position, as well as other provisions established by the legislation of the Russian Federation on the civil service. The decision of the competition commission is the basis for the appointment of a candidate for a vacant position in the civil service or for the refusal of such an appointment.

  The competition commission is also entitled to make a decision, which has a recommendatory nature, to include in the personnel reserve of a state body a candidate who did not become the winner of the competition for filling a vacant position in the civil service, but whose professional and personal qualities were highly appreciated.

  How many years can you work in the civil service

  Federal Law "On the State Civil Service of the Russian Federation" to the position of the civil service in the order of transfer in connection with the reduction of civil service positions or the abolition of a state body;

  • for other citizens and civil servants for whom the legislation of the Russian Federation provides guarantees for maintaining the place of work (position).
At the end of the established period of probation, if the civil servant does not have a class rank corresponding to the position to be filled in the civil service, he is assigned a class rank in accordance with the law.

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