How to reduce the amount of deductions from your pension

What types of PPK are there?

Russian legislation provides for several types of payments under PPC to the relatives of the deceased breadwinner. It depends on what kind of pension benefit the citizen received during his lifetime:

1. Insurance. It is due to the family of the deceased if the employer paid insurance premiums to his personal account. The length of work experience does not matter, the fact that it exists is important.
2. For state support. Assigned to relatives of deceased cosmonauts, disaster victims, military personnel and similar persons.
3. Social. This is state assistance in cases where conditions do not allow assigning an insurance or state pension to the family of the deceased.

Each type of payment has its own conditions for assignment. They depend on the status of the breadwinner, length of service, field of activity, and other factors. Only relatives who are considered members of the breadwinner’s family can “inherit” a pension. They are given the right to receive assistance according to the type in which payments were made in favor of the breadwinner before his death.

Who is entitled to

Close relatives of a deceased person can apply for PPC, provided that they were his full dependents or lost income.

Photo: freepik/phimsitmanop

The circle of persons considered “heirs” does not depend on the type of PPC assigned. It includes:

• grandparents, parents, spouse, provided that they are disabled and do not have other sources of income.

If you have reached retirement age or are disability pensioners, it is possible to receive the deceased’s security in return for your own, if the amount is greater than your own. If your payment has not yet been assigned, you are given the right to choose a more profitable option. Such cases are recognized as a loss of personal income; accordingly, whether the relatives were dependents on the day of death or not does not matter.

Wives of astronauts are prescribed PCP, regardless of age and ability to work. From the age of 55 (50), regardless of dependency, parents of deceased conscripts and spouses of Chernobyl victims are paid;

• children who have lost one or both parents; as well as siblings (cousins ​​are not included in the category of relatives), grandchildren, if they do not have able-bodied guardians.

There are restrictions. Applicants must be no older than 18 years of age. For full-time students of higher education institutions, the criterion is limited to 23 years. For persons with disabilities recognized as such before reaching 18 years of age, age does not matter;

• minor children, brother, sister, one of the parents, grandfather, grandmother, regardless of their ability to work, provided that they care for the children, brothers, sisters of the deceased pensioner who are under 14 years of age and do not work.

The widow (widower) retains the PPK upon entering into a new marriage. Stepchildren have the same rights as natural children if they are officially adopted. A stepfather and stepmother are considered equal to parents if the stepson or stepdaughter was supported by them for at least 5 years.

Example. The widow Olga of the deceased Vladimir Zverev, being a pensioner, transferred her payments to the PPC, it was beneficial for her. Then she entered into a second marriage and moved to another city. Payments will remain in full; her pension file will be transferred to the Pension Fund office at her new place of residence.

Conditions of appointment

The general requirement is to belong to the categories of citizens who are granted such a right. Otherwise, the conditions depend on the type of software that passes from the breadwinner to the dependents.

Photo: freepik/rawpixel-com

Insurance

Relatives can count on this type of support if:

• the breadwinner has died, or he has been declared missing in court;
• they were fully supported and had no income of their own. Relatives of retirement age, as well as disabled people, can inherit a pension, regardless of the fact of dependency;
• the deceased has work experience of any length, and has accrued insurance premiums in an amount different from zero.

If a medical examination deprives a citizen of his disabled status, payments are stopped. The exception is those recognized as such before reaching adulthood.

Example . The deceased Karpov Ivan Dmitrievich had experience and received insurance payments. The family is left with a retired widow and two children, one of whom is provided for by the state as a disabled person, and the second is employed and has an income. A widow and a disabled person can apply for a breadwinner's pension, but an employed son cannot. But that doesn't make sense. The insurance portion of the deceased will be divided between two, and it will be less than what they are paid now. Even taking into account the increase to the subsistence level, they will still lose money if their income was higher before.

State

Assigned to family members:

1. Military personnel, if death occurred during service or no later than 3 months after demobilization. When establishing the fact that the breadwinner died as a result of injury to health acquired during military service, the date of death does not play a role.
2. Victims of man-made disasters, including the Chernobyl nuclear power plant. These are considered to be those who died from the consequences of the accident, liquidators who suffered radiation sickness, or who became disabled as a result of the disaster.
3. Cosmonauts and members of the flight crew equivalent to them who died during the preparation and conduct of a space flight.

When providing assistance to the families of astronauts and victims of the Chernobyl accident, the time of death is not taken into account. In these cases, disabled relatives are entitled to state support, regardless of the availability of other income.

Social

It is paid exclusively to children under 18 years of age, students under 23 years of age, and disabled dependents. Conditions for receiving social benefits:

• presence of Russian citizenship:
• lack of experience of the deceased.

If the parents are unknown or both have died, the child is paid double social benefits.

If it is proven in court that the death of the breadwinner is associated with the intentional unlawful actions of applicants (military personnel), they lose the right to receive insurance and state PPC. In this case, social benefits are paid. If at the time of such a court decision a certain amount of another pension was paid, it is subject to recalculation. The difference is recovered by deduction from subsequent payments.

Is it possible to deduct from a survivor's pension under a writ of execution?

Executive documents must always be certified by the signatures and seals of authorized persons, and control over the proceedings is entrusted to bailiffs; Decisions of the Pension Fund.

The Pension Fund of the Russian Federation is the main social security body, and it is authorized to recover funds overpaid to citizens. This usually happens when they fail to provide timely notice of changes in circumstances when receiving benefits.

For example, only a non-working person is eligible for benefits for caring for an elderly disabled person, and if he gets a job, he is obliged to notify the Pension Fund about this, on the basis of which payments will be stopped. Also, grounds for stopping the accrual of allowances may be moving from the Far North, graduation or expulsion of a dependent from a university, etc.; Judgment.

Best regards, Svetlana.

Article 101. Types of income that cannot be levied 1.

Collection cannot be applied to the following types of income: 1) sums of money paid in compensation for harm caused to health; 2) sums of money paid in compensation for damage in connection with the death of the breadwinner; 3) sums of money paid to persons who received injuries (wounds, injuries, concussions) in the performance of their official duties, and members of their families in the event of death (death)

For alimony obligations in relation to minor children, as well as for obligations for compensation for damage in connection with the death of the breadwinner, the restrictions on foreclosure established by paragraphs 1 and 4 of part 1 of this article do not apply.

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Size in 2020

The amount of the PPC is determined by the amount and type of savings of the insured person, the number of applicants between whom it will be divided. Let's consider each case separately.

Photo: freepik/samphao

Insurance assistance depends on the number of points accumulated by the deceased. The insurance portion (IP) will be divided in equal shares among all heirs, and each of them will be assigned an PV of 50%.

Example . Mamonov I.K. at the time of his death he had a dependent wife and daughter. His pension is 14,500 rubles. Of which, financial insurance is 5,686.25 rubles, insurance is 8,813.75 rubles. We divide the latter between the two heirs and get 4,406.90 rubles each. We add 50% of the PV to each: 5686.25 × 50% = 2,843.13 rubles. As a result, each relative will receive 7,249.13 rubles. monthly.

The state PIC is defined as a percentage of the standard social benefit (SP) or cash allowance (SSA).

Table 1. State size payments to relatives after the death of the breadwinner in 2020.

Example 1. Conscript sergeant Sidorov died while testing new equipment. He is survived by his wife and 2-year-old daughter. Each will be paid 200% of 5,606.17 rubles, that is, 11,212.34 rubles.

Example 2. Sidorov was demobilized due to a stomach ulcer caused by food in the field. The exacerbation led to death. The widow and daughter will be paid 8,409.26 rubles each. (150% of the joint venture).

Social benefits in 2020 are set at RUB 5,606.17. with the loss of one breadwinner. Double the amount of 11,212.34 rubles. pay:

• if both parents are deceased or unknown;
• children of a deceased single mother.

Can loan debt be collected from a survivor's pension?

Lawyer, Mr.

PermChat Hello! In accordance with the Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings” Article 101. Types of income that cannot be levied. Collection cannot be applied to the following types of income: - amounts of money paid in compensation for damage in connection with with the death of the breadwinner;

0 — 0 Collapse Lawyer, Moscow Chat Hello! In accordance with Art. 99 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ:2. When executing a writ of execution (several writs of execution), no more than fifty percent of wages and other income may be withheld from a debtor-citizen.

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The right to receive 2 pensions

Relatives of military personnel, victims of the Chernobyl nuclear power plant, pilot-cosmonauts and similar persons are given the opportunity to receive 2 types of payments simultaneously: state payments in connection with the loss of a breadwinner and insurance (social) payments for old age.

Example . The widow of a deceased cosmonaut receives old-age benefits in the amount of 14,000 rubles, and has no other income. My son does not work and is receiving disability benefits. The husband's allowance during his lifetime was 170,000 rubles. per month.

PPK will be assigned to relatives in equal shares, while the wife’s insurance pension and the son’s disability pension will be preserved. They will receive an increase of 40% of 170,000 rubles, which is 68,000 rubles, or 34,000 rubles each. to each.

Claiming an old-age or disability pension

Deductions from a debtor-citizen during the execution of enforcement documents cannot amount to more than 50% of wages and other income. The same rules apply to pensions. When collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime, the amount of deduction from wages and other income cannot exceed 70%.

When determining the amount of deduction from an old-age or disability pension, which is the only source of income for a citizen, the bailiff must proceed from the principle of inviolability of the minimum property necessary for the existence of the pensioner. That is, not only the size of the pension is taken into account, but also the possibility of maintaining conditions for the normal existence of the pensioner and the realization of his socio-economic rights.

If you need a qualified and experienced lawyer in enforcement proceedings, contact the Kirpikov and Partners center.

When are payments replaced?

The widow (widower) of the deceased who has reached retirement age can choose between an insurance pension and a PPC. This makes sense when the new amounts are larger than the old ones. The condition for the transition is that the widowed person has no other source of income other than a pension. You must apply for new appointments to the Pension Fund department within 12 months from the date of death of the breadwinner.

Photo: freepik/oneinchpunch

But there are many nuances here, and you need to focus not on the overall size, but on the size of the insurance part. The pension consists of two parts: SCH and FV, the latter depends on the type of security. If the financial contribution to the old-age pension in 2020 is 5,686.25 rubles, then that to the PPC is 50% of the specified amount, that is, 2,843.12 rubles. In addition, upon reaching 80 years of age, the standard EF doubles, but the AUC does not change. A situation may arise when it is more profitable to stay with the old option.

Example . Evgenia Petrovna Samuseva is 79 years and 11 months old, she receives a pension of 15,000 rubles. Her husband was 83 years old at the time of his death, he worked as a university professor and had the title of Honored Scientist. His monthly income was 30,000 rubles. Of these (RUB):

• FV - 11,372.50 (doubling after 80 years);
• MF - 14,990 rubles;
• care allowance for people over 80 years old - 1,200 rubles;
• additional payment for the title (20% of the social pension) - 1,137.20 rubles;
• monetized benefits - 1,300 rubles.

The widow's pension consists of:

• FV - 5,686.25 rubles;
• MF – 9,313.70 rub.

When switching to providing for her husband, Evgenia Petrovna will be assigned her husband’s MF and a PV reduced by 2 times. Total: 2,843.12 + 14,990 = 17,833.12 rubles, which is 2,833.17 rubles. more than what she received.

But the effect of the increase will last 1 month, since her EF will double after 80 years, and Samuseva’s pension will be 11,372.50 + 9,313.70 = 20,685.20 rubles, which is more than for the loss of a breadwinner. The law allows for a transition to PPC followed by a final return to one’s own payments. The pensioner, after consulting with specialists, did not bother with re-registration for the sake of immediate gain and left everything as it was.

Can bailiffs seize a pension?

In this case, the withholding amount can be reduced to 25%. In order for the recovery to be recalculated, it is necessary to contact the authorized body that seized part of the pension. The corresponding statement is written to the claimant (bailiff), where the following information is indicated:

1. list of documents attached to the application.
2. total amount of debt;
3. the basis document on which the collection is made;
4. description of the reason for the reduction in the recovery percentage;

The application is certified by the signature of the pensioner and dated.

Next, it goes to the authorized bodies for consideration. According to the bailiffs, on the basis of the existing resolution, they can make collections not only from the insurance part of the pension, but also from the funded part, and even the disability pension.

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If the overpayment occurred due to the fault of the Pension Fund, the overpaid funds will not be collected. It is also worth noting that in accordance with the Civil Code of the Russian Federation, in the event of the death of a pensioner in debt, the heirs, having accepted the inheritance, are obliged to answer for his debts.

That is, after the death of the testator, his debt can be collected from his successors in court. The account is seized if there are unpaid debts of the citizen. At the same time, debtors are first warned about this and offered to voluntarily repay the debt.

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In case of refusal, bailiffs, on the basis of certain documents, have the full right to seize the pensioner’s account and withdraw a certain amount from it to pay off the debt. Bailiffs can seize any bank account of the debtor, including pension.

text in the previous edition) 10) survivors' pensions paid from the federal budget; 11) payments to pensions in the event of the loss of a breadwinner from the budgets of the constituent entities of the Russian Federation; 12) benefits to citizens with children, paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets; 13) funds of maternity (family) capital provided for by Federal Law of December 29, 2006 N 256-FZ

; 14) the amount of one-time financial assistance paid from the federal budget, budgets of constituent entities of the Russian Federation and local budgets, extra-budgetary funds, from funds of foreign states, Russian, foreign and interstate organizations, other sources: a) in connection with a natural disaster or other emergency circumstances;

b) in connection with a terrorist act; c) in connection with the death of a family member; d) in the form of humanitarian aid; e) for providing assistance in identifying, preventing, suppressing and solving terrorist acts and other crimes; 15) the amount of full or partial compensation for the cost of vouchers, with the exception of tourist ones, paid by employers to their employees and (or) members of their families, disabled people not working in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;

Additional payment to primary care

The amount of support for a non-working pensioner cannot be less than the minimum subsistence level (LLM) established in the region. To receive such a payment you must:

• reside on the territory of the Russian Federation;
• receive a pension of any type (insurance, social, others);
• the total amount of compensation should be less than the minimum wage;
• not to carry out labor activities and not to receive material rewards that imply the transfer of insurance contributions to the Pension Fund of the Russian Federation.

Example . Pensioner Yakushev received an additional payment of up to a minimum of 900 rubles. Due to the circumstances, I exchanged a two-room apartment for a one-room apartment and received 1 million rubles. This income is not generated by salary, is not remuneration under a contract for the performance of work, and accordingly is not subject to insurance contributions, which means it will not affect the amount of the increase.

The mere presence of work experience is not a reason for refusing to assign additional payment. A pensioner who worked but was dismissed acquires this right, and upon re-employment loses it.

The magnitude of PMP varies in different regions. This is due to differences in living conditions. An all-Russian basic level has been established, and local authorities have been given the right to form their own allowances.

In some regions, for example, in Moscow, the authorities establish regional increases in pensions above the established minimum, which are financed from the local budget. A Moscow pensioner receives money up to the PMP (RUB 12,780) if he has lived in the capital for less than 10 years. If more, then an additional payment is made up to the social standard of 19,500 rubles.

What are the procedures and cases of deduction from pension?

Deductions from pensions can be made by Pension Fund bodies on the basis of three documents:

1. Writ of execution

2. Decision of the territorial body of the Pension Fund of Russia

3. Court decision

Let's consider each of these points separately.

1. Writs of execution for the recovery of funds from a pensioner.

Enforcement documents include, in particular, writs of execution issued by courts for the payment of alimony, judicial acts and acts (decrees) of other bodies and officials in cases of administrative offenses, decisions of other bodies in cases provided for by federal law (Part 1 of Art. 12 of the Law of October 2, 2007 No. 229-FZ).

Retention order.

Upon receipt of the writ of execution, the territorial body of the Pension Fund of the Russian Federation is obliged to accept it for processing, make deductions from the pension and transfer the withheld amounts to the claimant within three days from the date of payment of the pension.

Retention amount.

On the basis of executive documents, no more than 50% of the insurance pension can be withheld, with the exception of cases of recovery from a pensioner of alimony for minor children, monetary compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In this case, no more than 70% of the insurance pension can be withheld.

The law establishes only the maximum possible amount of deduction from the insurance pension. The specific amount of deductions from the insurance pension is determined by the bailiff who sends the writ of execution to the Pension Fund. When determining the amount of deduction from a pension, which is the only source of livelihood for a pensioner, the bailiff is obliged to take into account, among other things, the size of this pension in order to provide the debtor pensioner himself and his dependents with the conditions necessary for their normal existence ( Determination of the Constitutional Court of the Russian Federation dated January 17, 2012 No. 14-О-О)

No deduction is made from the survivor's pension on the basis of executive documents (clause 10, part 1, article 101 of Law No. 229-FZ of October 2, 2007)

2. The decision of the territorial bodies of the Pension Fund to recover the amounts of the insurance pension overpaid to the pensioner.

Based on the decision of the Pension Fund, only those amounts that were overpaid to the pensioner in connection with his violation of the obligation to report to the territorial body of the Pension Fund about the occurrence of circumstances leading to a change in the size of the pension or termination (extension) of their payment can be withheld (Part 5 of Article 28 of the Law dated December 28, 2013 No. 400-FZ).

Such circumstances, for example, include a change in the number of dependents, taking into account which the size of the fixed payment of the insurance pension is determined; hiring a pensioner who is entitled to a federal social supplement to his pension, etc.

Retention order.

The Pension Fund notifies the pensioner of the decision made to recover overpaid pension amounts due to the fault of the pensioner. The corresponding decision of the Pension Fund can be appealed to a higher body of the Pension Fund or to court. If the payment of the insurance pension is terminated before the debt is fully repaid, the remaining debt will be collected in court.

Retention amount.

Deductions based on the decision of the territorial body of the Pension Fund of the Russian Federation are made in an amount not exceeding 20% ​​of the insurance pension.

3. Court decisions on the recovery of insurance pension amounts.

In contrast to cases of failure by a pensioner to report the occurrence of circumstances leading to a change in the amount of the insurance pension or termination (extension) of its payment, abuse on the part of the pensioner is understood as the submission to the Pension Fund of deliberately forged certificates, invalid certificates, documents, or concealment of data excluding the right to a pension, resulting in the unreasonable establishment of an insurance pension. Taking into account all these circumstances and proof of abuse on the part of the pensioner, the court makes an appropriate decision.

Retention order.

Withholding is carried out by the territorial body of the Pension Fund of Russia on the basis of a corresponding court decision.

Retention amount.

Deductions from the insurance pension in this case are made in an amount not exceeding 50% of the insurance pension (Part 3 of Article 29 of the Law of December 28, 2013 No. 400-FZ)

Pension lawyer

Bogdanova Tatyana Mikhailovna

Rostov-on-Don.