Age limit for a state civil servant. Retirement age of civil servants

Every year the budget deficit of the Pension Fund of the Russian Federation increases; billions of rubles are allocated annually from the Federal budget to cover it. To reduce the costs of the state budget, the Government of the Russian Federation is resorting to different methods of solving 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 is resorting to other methods of reducing costs - this is an indefinite cessation of indexation of pensions for working pensioners, a “freeze” of pension savings, and an increase in the retirement age for civil servants.

Law on raising the retirement age for civil servants

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

Federal Law No. 143 of May 23, 2016 on raising the retirement age for civil servants amended Federal Law No. 3 of May 8, 1994 and came into force on January 1, 2017.

This bill 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 determine whether you are a civil servant or not, you need to be guided by Decree of the President of the Russian Federation of December 31, 2005 No. 1574, as amended on January 26, 2017, “On the Register of Positions of the Federal State Civil Service.”

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

It is worth noting that the bill on increasing the retirement age for civil servants provides for the right of subjects and municipal self-government bodies to independently establish the amount of pension payments and additional payments to pensions, determine requirements for work duration, etc. for citizens who conduct state and municipal service. At the same time, all relevant costs for these initiatives are borne entirely by municipal budgets.

Retirement age for civil servants in Russia since 2017

Before the adoption of the Federal Law on increasing the retirement age for civil servants, it was 55 years for women and 60 years for men. These are generally established age standards in the Russian Federation for the onset of old-age pensions. 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 affected more than 1 million citizens holding positions in state, regional and municipal authorities, as well as deputies and senators. And also 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 be gradual, increasing annually by six months during the transition period until it reaches maximum levels. For male civil servants it will be achieved by 2026, and for female civil servants by 2032.

Year of pension assignment

Retirement age

60 years 6 months

55 years 6 months

61 years 6 months

56 years 6 months

62 years 6 months

57 years 6 months

63 years 6 months

58 years 6 months

64 years 6 months

59 years 6 months

60 years 6 months

61 years 6 months

62 years 6 months

2031 and beyond

Which civil servants are eligible to increase their 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 public office in the Russian Federation and its constituent entities;
  • persons holding municipal positions on a permanent basis;
  • persons who hold government positions. 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 government bodies (cleaners, programmers, etc.) do not belong to this category and are not subject to increasing the retirement age of civil servants .

Extension of retirement age for civil servants

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

Thus, 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 employer, after concluding a fixed-term employment contract.

The minimum length of service for the civil service has also increased, the achievement of which entitles the official to a long-service pension and a monthly supplement to the pension, up to 20 years (previously it was 15 years). It, like the requirements for retirement age, will increase gradually and reach a maximum by 2026.

All civil servants have the right to a long-service pension, paid in addition to an old-age (disability) insurance pension, as well as early retirement, if the official’s length of service is not less than the period indicated in the table, in the year the pension was assigned.

It is worth noting that all of these changes do not apply to those citizens who have already received the right to a long-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 duration of office of members of the Federal Assembly and State Duma deputies increased from 1 year to 5 years. For deputies, this period constitutes the time of service during one convocation of the Duma. Fulfillment of this requirement entitles members and deputies to an additional payment to the insurance pension in the amount of 55%. To receive an increased payment amount (75%) you must fulfill these powers for 3 to 10 years.

Raising the retirement age for civil servants is one of the measures to reduce the Pension Fund’s costs. Already in 2017, this will save the extra-budgetary fund 600 million rubles, which will be used to fulfill other obligations of the Pension Fund to current pensioners.

The lower house of the Russian parliament adopted in the third reading a bill on raising the retirement age for “state civil servants, municipal employees, as well as persons who hold government positions in the Russian Federation, government positions in the regions and municipal positions” to 65 years for men and to 63 years for women (currently 60 and 55 years old, respectively).

The increase will not be immediate - it is envisaged that from next year the retirement age for them will increase by six months per year, that is, the maximum values ​​will be reached in 2032.

According to the law, civil servants will be able to begin receiving the insurance part of their pensions only upon reaching official retirement age, that is, later than most other citizens of the Russian Federation. However, they have a choice - they can resign from the civil service and apply for a pension, as they say, on a general basis.

However, it is much more profitable for officials to continue working than to retire.

In 2015, the average assigned pension for federal civil servants in the country as a whole was 15.6 thousand rubles. (hereinafter - data), and the average monthly salary is 33.5 thousand rubles. This is a good ratio, it is even slightly higher than in the country as a whole, where the average old-age pension last year was 11.6 thousand rubles, and the average salary was 33.9 thousand rubles.

But for those who work in government bodies of the constituent entities of the Federation (last year there were 207 thousand people against 505 thousand “federals”), a pension is already a much less attractive alternative, because they received 52.3 thousand rubles each. per month. And for employees of the central apparatus of ministries and departments, and there are almost 40 thousand of them, retirement (with dismissal) simply means a catastrophic loss of income. Their average salary in 2015 was 111.3 thousand rubles. per month, that is, almost ten times higher than the average size of pensions for federal civil servants. Employees of the government apparatus received the most (231.8 thousand rubles), (217.179 thousand rubles), (187.6 thousand rubles), (173.9 thousand rubles), (165.8 thousand rubles). rub.), (148.2 thousand rub.), State Duma (137 thousand rub.) and (130.9 thousand rub.).

In connection with the increase in the retirement age, the age limit for being in the state civil service is increasing from 60 to 65 years. For those who occupy positions in the “managers” category, the period of civil service can be extended to 70 years. However, the option of extending the term of civil service was also in the current Federal Law - after all possible extensions, by agreement of the parties, the employee could remain in the government agency “under the terms of a fixed-term employment contract in a position that is not a civil service position.”

In order to qualify for a long service pension (a monthly supplement to the pension), officials will have to work not 15 years, as now, but 20, but they will also be able to receive it only upon reaching retirement age.

The state is interested in raising the retirement age for officials. Firstly, this allows you to save money on paying pensions to civil servants. Secondly, it is possible to retain qualified personnel, of whom less and less will enter the labor market every year due to a reduction in the working-age population by approximately 1 million annually.

It is worth noting that pension innovations for civil servants are a trial balloon for the new pension reform that the government is preparing. One of the key elements of the reforms, obviously, will be raising the retirement age, but for all Russian citizens. By and large, today the discussion is around the start date of the increase, its pace and the final level.

While all ideas are under discussion, no decisions have been made on any item. Most likely, pension reform will begin, as Alexey Kudrin predicted, only after the 2018 presidential elections.

Civil service is a professional activity of Russian citizens in various government bodies, which requires the utmost diligence and responsibility, and therefore extremely strict requirements are imposed on each candidate.

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Current legislation establishes a number of standards that regulate the stay of citizens in 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 the age limit for civil service is set in 2019 and what standards this is provided for.

What you need to know

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

There is also a regional civil service. This group includes civil servants performing their professional duties in various government bodies subordinate to certain constituent entities of Russia. Such citizens are paid their salaries from the budget of a certain region, and only in some cases are their salaries transferred from the national budget.

The state civil service provides a huge variety of positions. As in any other type of work activity, in this case there are management positions, assistants and advisers to such persons, as well as authorized specialists who are engaged in performing specific tasks.

In addition, this category also includes specialists involved in supporting economic, information and other types of activities of government bodies.

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

Among the key advantages that make public service so attractive to modern citizens are the following:

Official salary, which is subsequently converted into a decent pension Citizens holding fairly high positions also have a fairly large salary.
Stability Regardless of how difficult the economic situation within the country is, the public service will always remain relevant, thanks to which every person can be completely confident in the future.
All kinds of benefits and the so-called social package In particular, government employees are entitled to receive discounts when using public transport, as well as various. In addition, young mothers can exercise their right to go on sick leave or maternity leave without any restrictions.

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 permissible age that a person holding a certain public position can be is 65 years.

A civil servant who has reached the specified age and holds a position in the "advisor" or "assistant" category, which is established to provide the required support to a specific government employee, may work for a longer period of time if the corresponding decision is made by an authorized representative of the employer before until the expiration of the employment contract concluded with the specified citizen.

If a citizen works as a civil servant in the “manager” category, that is, belongs to the highest group of positions, with his consent, the maximum permissible age for performing duties can 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.

The corresponding decision must be made by an authorized representative of the government 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 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 government agency in accordance with the terms of the document drawn up a fixed-term employment agreement for any position that is not related to the civil service.

Thus, a person can continue to work in an environment familiar to him, but no longer in the position he previously occupied.

The problem of personnel renewal and turnover

The reason for making adjustments to the age structure adopted in the modern civil service was noted in the federal reform program in 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, the average age of citizens who held various positions in the civil service was approximately 40 years.

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

The overwhelming majority of civil servants, who at the time of the research had not yet reached the age of thirty, occupied various government positions that belonged to the senior and junior groups, with more people 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 continued, ultimately, according to the forecasts of the overwhelming majority of experts, within ten years there would be a widespread release of civil servants who occupied key positions, in the absence of the possibility of replacing them with a new generation of young employees who at the same time had sufficient experience in performing the relevant duties, as well as the required qualifications.

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

What is the age limit?

The Labor Code does not say anything about what the maximum permissible age may be for citizens who are in official labor relations with their employers. At the same time, this rule does not apply to state 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 a person reaches the age of 65 years.

It should be said right away that, in accordance with established norms and stated concepts, the definition of such an age criterion, which applies to all citizens wishing to obtain a position in any government body, as well as the presence of a person in the public service, does not constitute discrimination and cannot in no way violate the principle of equal access of citizens to obtain certain government 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 legislative bodies in implementing the legal regulation of labor activity and determining differences in legal status people who belong to certain categories that differ from each other in terms of acceptable conditions and type of activity, if the recorded differences themselves have an objective justification and are fully consistent with the goals indicated as constitutionally significant.

In accordance with the norms prescribed in the Determination of the Constitutional Court No. 233-O, which was published on October 3, 2002, the establishment of the maximum permissible age at which a person can hold certain public positions is a measure determined by the specifics of modern professional activity, aimed at 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 has been drawn up 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 a fixed-term form.

The re-conclusion period in this case ranges from one to five years, and, unlike previously existing norms, the current legislation does not now provide for the need to re-sign a service contract with a civilian employee every 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 advantage of the opportunity to continue working in a government agency in any position that does not belong to the category of civil service. In this case, the official duties of a citizen are determined in accordance with his qualifications, the results of his professional activities achieved during the civil service, as well as his state of health and previously held position.

For those civil servants who draw up an employment contract for the purpose of filling a specific position that does not belong to the category of civil service, 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 civilian activities. First of all, this concerns the work of advisers and assistants who help a certain government employee, since they are given the opportunity to fully fulfill their official duties, that is, to remain in office until the powers granted to them expire.

Managers serve at will until the age of 70, but the appointment procedure has been changed. Initially, the decision to extend a citizen’s service life was made by the president, while at the moment it is envisaged that it will be made by the relevant official or government body that was responsible for appointing the person to a leadership position.

The maximum permissible age established by current legislation for a citizen to remain in the civil service in Russia is a certain value, after which a person performing the duties of a civil servant must retire to a well-deserved pension.

Today, both employees of various government bodies and ordinary citizens retire at the ages of 55 and 60 years 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 necessary to increase the maximum permissible age for citizens holding various government positions as quickly as possible, and therefore it is not surprising that, first of all, a decision was made to introduce this reform specifically in the civil service sector . Thus, starting from January 1, 2019, the updated Federal Law No. 79, adopted on July 27, 2004, which regulates the civil service, came into force.

Among other things, the new edition contains clarifications regarding the maximum permissible age provided for citizens holding positions in the civil service.

Ordinary officials who previously worked until they were 55 or 60 years old can now perform their work duties until they are 65 years old. Moreover, in some situations mentioned above, it is possible to increase the initially established limit, in connection with which a person can work for a long period of time and earn himself an even more significant pension.

The maximum permissible age for civil service will not increase immediately, as it is planned to gradually increase this indicator every year by approximately six months.

In accordance with amendments made to Federal Law No. 400, adopted on December 28, 2013, men holding official positions will have to work a full 65 years by 2026, while women can leave work at 63 years old.

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The Labor Code does not establish an age limit for persons in employment relationships with employers. However, this rule does not apply to government civil servants. The Federal Law "On the State Civil Service of the Russian Federation" provides for a maximum age of 65 years in the civil service.

Establishing an age criterion for entering the civil service and being in the civil service is not discrimination and does not violate the principle of equal access of citizens to public service enshrined in the Constitution. The Constitutional Court of the Russian Federation clarified that the principle of equality enshrined in the Constitution does not prevent the legislator, when implementing legal regulation of labor (service), from establishing differences in the legal status of persons belonging to categories of different conditions and types of activity, if these differences are objectively justified, justified and consistent with constitutionally significant purposes. Consequently, as stated in the Determination of the Constitutional Court of the Russian Federation dated October 3, 2002 N 233-O, the establishment of an age limit for holding a public position in the civil service, as determined by the specifics of professional activity in ensuring the execution of the powers of state bodies, cannot be assessed as a discriminatory restriction of constitutional rights.

Having established the age limit for being in the civil service, the legislator also determines the terms of the service contract until the age of 65 is reached. If a civil servant has a service contract for an indefinite period, then upon reaching the age of 60 his contract is re-signed to a fixed-term service contract. Renewal period is from 1 year to 5 years. Unlike previous rules, the law does not require an annual renewal of a service contract with a civil servant. It is possible to renew the contract for any period ranging from 1 year to 5 years. A civil servant who has reached 65 years of age is subject to dismissal from the civil service. The employer's representative has no right to make a different decision.

At the same time, a representative of the employer, with the consent of the citizen, has the right to conclude a fixed-term employment contract with him to fill a position that is not a civil service position, taking into account his qualifications, the results of professional performance during the civil service, the position being filled and his state of health. Civil servants who have entered into an employment contract to fill a position that is not a civil service position are subject to the general norms of labor legislation.

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

For ordinary officials it increased from 60 to 65 years. If a person holds the position of adviser or assistant, he can work longer - until the end of the term of authority assigned to him. To do this, you will need a written decision from the employer’s representative, as well as the written consent of the employee himself.

Special conditions are provided for managers. With the consent of the employee and by decision of the government agency (the relevant official), the contract with such a civil servant can be extended until he turns 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 a full 65 years by 2026. For women, a benefit is provided - leaving work at 63 years old. Those who leave their positions in 2032 will have to work until this age.

Let us note that 65 and 70 years are, 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 rules for long service retirement

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

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

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