Dismissal of a serviceman upon reaching the age limit: procedure and sample report

What is this procedure?

The age limit is understood as the age at which a serviceman will no longer be useful to the army and, for a number of reasons, is no longer fit for service.

If a serviceman has reached a certain rank and does not receive a promotion, then he is subject to dismissal based on the age limit.

When is the age limit?

Age is determined based on the title received:

• 65 years old - admirals, including the fleet, colonel generals, generals and marshals;
• 60 years - rear and vice admirals, lieutenant generals and major generals;
• 55 years old - captains of the 1st rank, as well as colonels;
• 50 years - other titles;
• 45 years - for female employees.

Who can be the initiator?

A person liable for military service has the right to resign based on length of service while retaining all benefits and allowances , military pension and mortgage. Having reached the age limit, he can enter into a new contract with a service period up to 65 years. The initiator of such dismissal can also be the command if, according to the results of the certification and military commissions, the serviceman is recognized as unfit for further service (most often the reason is health status).

From the ranks of conscript service

In most cases, the reason for dismissal of a serviceman from military service can only be the end of his term of service. But there are some cases when early dismissal is possible , according to clause 4:

• A father or sibling died while performing military duties.
• The conscript is the guardian or trustee of siblings who are left without parental care in the absence of other relatives.
• The conscript has more than two children or one child with disabled status.
• A sharp deterioration in health was recorded, and the conscript was declared unfit to perform military duties by the commission.
• Judgment of a court or military tribunal. If a conscript should be arrested and cannot be sent to a disciplinary battalion.

After receiving the report, the commander is obliged to check its legality, study all the documents in detail and, based on them, make a final decision.

Procedure

How to write a report?

The report is submitted in any form and in writing. It can be written by hand or printed on a computer. The sample is obtained from the HR department. It is important to clarify the nuances regarding its completion.

1. The “header” indicates the name for whom the document is being submitted, the name of the military unit, full name and rank of the serviceman.
2. The descriptive part must reflect the reason for dismissal, in this case reaching the age limit.
3. Signed and dated at the bottom.

The report is accompanied by papers that confirm the grounds for dismissal.

Notification

This notification must be received by the serviceman no later than four months before he is removed from the unit’s lists. This is done so that he has the opportunity to enter into a contract for the purpose of extending his service. The notification is drawn up in the personnel department , they are the ones who must monitor all deadlines.

The document states:

1. full details of the addressee;
2. information about the part to which it is attached;
3. and exact deadlines for the end of service.

The notification is delivered in person against signature or sent by registered mail.

We described in a special article how the dismissal of a military man is properly formalized when his contract expires, who and how should notify the employee about this.

Drawing up an order

The order is drawn up by the unit commander or the person who temporarily performs his duties. It is printed on a standard sheet and signed by one person. The title part indicates the actual name of the military unit. The order consists of paragraphs, which, in turn, include points that are arranged alphabetically. They contain the following data without abbreviations:

1. military rank;
2. Full name (last name is written in large font);
3. the position that the serviceman occupies at the time the order is issued;
4. name of the military unit and formation.

The branches of the clauses of the orders for the dismissal of a serviceman indicate:

1. date of his birth;
2. length of service in the Armed Forces of the Russian Federation (in calendar and preferential terms);
3. in which military commissariat you need to register for military service;
4. serviceman's personal number;
5. information about the contract (for how long it was concluded, when and by whom);
6. conclusion of a military medical commission on fitness for military service;
7. other information confirming the rights and benefits of military personnel;
8. digital codes established by the instructions of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.

Filling out personnel documents

After the order is issued, the personnel department begins to collect a folder of documents, which will soon be transferred to the military registration and enlistment office at the further location. It includes:

• the order itself;
• notes of the interviews;
• hearings of the certification commission;
• results of the military medical commission;
• copies of all military documents identifying him and documents confirming his rights to benefits.

A work book is not issued, it is received at the place of new work , and there, if desired, you can make a note about military service. Documents are being prepared to exclude the employee from the unit’s lists.

On our website you will find other useful publications telling about the procedure for dismissing military personnel, after reading which you will learn:

• How does the dismissal of contract military personnel take place, how to leave service and correctly submit a report?
• How to terminate a contract early and how to fire for non-compliance with its terms?
• Why and how is professional retraining needed?

Deadlines

In addition to the general grounds, there are also reasons for early dismissal:

• OSHM (organizational and staffing measures);
• transition from military service to the Department of Internal Affairs, the National Guard, the State Border Guard Service, the establishment of the penal system;
• due to failure to fulfill the requirements of the concluded contract;
• in case of refusal of admission to the state. secret;
• upon entry into force of a court verdict on a suspended sentence for a crime committed through negligence;
• in case of failure to complete the probationary period in the manner provided for in Art. 34.1. Law;
• if the requirements specified in Part 7 of Art. 10 and Art. 27.1. Federal Law No. 76 of May 27, 1998 “On the status...” (for example, when the military carries out business activities, when receiving income from publications and speeches, if these are directly related to military service);
• in connection with transfer to the federal civil service;
• in case of refusal to undergo mandatory chemical and toxicological tests for the presence of narcotic substances in the body.

What payments are due?

1. One-time severance pay . The size of this payment directly depends on length of service. If it is less than twenty years, then the payment amount will be two salaries, more than twenty years - seven salaries.
2. Wage . In addition to severance pay, monetary allowance is accrued for the current month of service.
3. Compensation for unworked vacation . If there is unworked vacation, compensation is paid equal to the usual vacation subsidy.
4. Premium payments . A bonus may be awarded for excellent service and good performance of one's duties. The size of such a bonus will be up to 25% of wages.
5. Annual financial assistance . The amount of annual assistance cannot exceed the average official salary assigned for the existing rank and position held. You can receive this assistance provided that it has not yet been accrued this year. To do this, a report is submitted to the unit commander.
6. Compensation for clothing property or clothing allowance itself . Issued in the amount of the value of items of clothing for personal use, obtained by submitting a report addressed to the commander.
7. Other payments . If a serviceman is declared unfit for further service due to an injury, the state pays a one-time compensation (2 million rubles) and assigns a monthly cash allowance.

All payments must be accrued before the serviceman is removed from the unit's lists.

We talked about what kind of monetary payments military personnel can expect upon dismissal here.

Dismissal process

If the serviceman has not expressed a desire to continue military service, then higher management must carry out the procedure for dismissing and sending the citizen into retirement. The process of canceling a contact is strictly regulated and requires full compliance with the standards provided. When carrying out the dismissal procedure, it is recommended to adhere to the following algorithm:

• the serviceman draws up and submits a resignation letter to senior management - a report;
• a certification commission is convened, which conducts a full study of the reasons for dismissal;
• the commission makes an appropriate conclusion, but the final decision remains with the unit commander. In this situation, the commander is obliged to approve the report, since a refusal will lead to a violation of the rights of a serviceman who has reached the age specified in Art. 49;
• All documents are prepared and filled out, an entry is made in the work record and a settlement note is filled out.

Based on the settlement note, the serviceman is given all the required funds. Also on the last day, a work book with an entry made in it and documents requested by the citizen on an individual basis are handed over.

It is important to know! If the unit commander deliberately delays the dismissal procedure or improperly rejects the report, then the citizen can file an application with the prosecutor’s office or the court.

Social guarantees

• Right to housing. The state undertakes to provide the serviceman with housing or allocate the necessary funds for its purchase. The information of the dismissed person is entered into the unified register of military personnel. Distribution occurs on a first-come, first-served basis. The size of the living space should not exceed eighteen square meters per family member.
• Preservation of employment opportunities for military service in government organizations for three months.
• Percentage bonus on wages.
• Priority for employment in employment centers.
• Military pension.
• Maintaining a job in the event of a layoff, if this position is occupied for the first time.
• Military mortgage with a reduced interest rate, where the guarantor is the state. They also pay part of the loan amount. Given if the right to receive housing has not been confirmed.
• Benefits when purchasing air and train tickets.
• Sanatorium-therapeutic rest.
• In case of injuries received, free medicines, care and treatment in a military hospital.

For many, the dismissal of a serviceman upon reaching the age limit is an event that can ensure continued existence, and although military service is dangerous and difficult, if the nuances and procedure are followed, the gratitude of the state becomes a significant contribution and gives a good start in life.

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Reasons

In Art. 51 of the Law specifies the grounds upon which dismissal is carried out:

• reaching the maximum age for military service;
• expiration of the contract or term of military service;
• assignment to a military personnel of the military military service category “D” or “B”;
• deprivation of military rank in the manner prescribed by Art. 48 of the Law;
• due to loss of trust;
• when a court verdict imposing a military sentence in the form of imprisonment (including probation) for an intentional act enters into legal force;
• in case of expulsion from a military educational organization or an educational organization in which there is a military department (Article 20, Article 20.2 of the Law);
• in the event that a court verdict depriving a military man of holding certain positions comes into force;
• election of a military man to the State Duma or to a deputy of the legislative body of a constituent entity of the Russian Federation;
• termination of Russian citizenship and acquisition of foreign citizenship.

Is it possible to quit earlier if a contract is signed beyond the age limit?

Expert opinion

Kuzmin Dmitry Severinovich

Legal consultant with 10 years of experience. Specialization: civil law. Has experience in developing legal documentation.

It should be noted that, according to current legislation, a soldier who has signed a contract to extend his service upon reaching the age limit has the right to early dismissal.

1. systematic violation of contract terms;
2. family circumstances;
3. poor health;
4. if the serviceman was vested with the powers of the highest official of a constituent entity of the Russian Federation.

A person who serves in the Armed Forces, serving under a contract, upon the conclusion of the certification commission, may be dismissed from his position earlier than the period established by the contract at his own request if he has valid reasons.

Please note that only those military personnel who have at least twenty years of service can apply for their own housing. Persons who were fired due to reaching the age limit can count on housing space. Other categories of military personnel cannot claim this advantage.

Those employees who registered before 2005 can receive ownership of apartments and houses. They also have the right to apply for a social tenancy agreement. Military personnel who were discharged due to reaching the age limit receive a one-time payment for construction work aimed at improving their living conditions.

In recent years, the country has been actively discussing the issue of increasing the retirement age of citizens. The more often government officials insist that such changes are not planned, the more people doubt their retirement future.

People who have connected their lives with military service remain relatively calm here. If we forget about its difficulties, then the process of dismissal based on the military age limit for people working “in civilian life” is a pipe dream.

1. Military service and its features
2. Completion of many years of service
3. Benefits and payments upon dismissal
4. Cash payments
5. Clothing provision
6. Providing an apartment
7. Social guarantees and tax benefits

Calculation

When retiring, a serviceman receives a calculation based on length of service, characteristics of service and rank. An appropriate order must be issued, according to which the accounting department will make all payments and also accrue monetary allowances.

Important! Legislatively, former military personnel have the right to receive benefits and additional payments. At the same time, all calculations must be carried out individually for each serviceman.

Along with wages, all other types of payments are accrued, including bonuses and lump sum payments. The amounts of each type of funds are determined individually based on data about the military personnel.

It is possible to receive financial assistance, which is based on the monthly salary and rank.

Also, a lot depends on the position held, since each position has its own characteristics in the form of material support.

Among the important aspects of dismissal, one of the main ones is the provision of housing. Service housing provided during service must be returned within a quarter, that is, after 3 months it is again transferred to the service register. You can register for housing under social rent only if you have retired with at least 20 years of experience, as well as with an age limit and a minimum wage of at least 10 years of experience.

Other categories of military personnel do not receive the right to housing. It is worth considering that everyone who registered before 2005 can obtain ownership of housing, receive a social tenancy agreement, receive a monthly allowance for construction work or a purchase related to the improvement of living conditions.