Can the Pension Fund reduce the pension without the knowledge of the recipient?

Reasons for reducing pension payments may include previously overpaid funds, as well as the presence of arrears in rent and fines. Part of the pension can be withheld by court decision for unpaid alimony, as well as if the pensioner moves to another city.

Question and answer How much will social and insurance pensions be indexed in 2020? Deductions from pensions are made in accordance with Federal Law dated December 28, 2013 No. 400-FZ “On Insurance Pensions” on the basis of:

— executive documents; — decisions of the territorial body of the Pension Fund of the Russian Federation providing pensions; - court decisions.

To find out on what basis funds were withheld from the pension, you need to contact the Pension Fund for clarification. Pension Fund employees provide such information without taking into account the place of permanent registration.

Limitation of pensions for working pensioners in Russia

But you should pay attention to another point.
Restrictions on pensions for working pensioners do occur to some extent, but not in this interpretation. The thing is that, according to the established rules in Russia, it is necessary to carry out the so-called indexation of payments every year. That is, a slight increase in paid pensions. Until when exactly? There are no restrictions here. The government should simply increase pension payments once a year. Nobody can give exact numbers.
At least when it comes to labor pensions. It all depends on the salary, duration of work, and also on the period of refusal from employment. But on average, a pensioner will receive about 15,000 after dismissal. This is an old-age labor pension.

In what cases can an old-age pension be denied?

This is how the Pension Fund of the Russian Federation commented on the information that last year the fund was forced in a number of cases to refuse to grant Russians an insurance pension upon reaching the appropriate age due to a lack of length of service or pension points. It turned out that if a citizen, upon reaching retirement age, does not have the required insurance period or has not accumulated a sufficient number of pension points, then he can apply for a social pension. It is clarified that the social pension is assigned five years later than the insurance pension. Women can apply for it at 60 years old, men at 65 years old.

According to the Russian Pension Fund, in order to assign an insurance pension, a number of conditions must be met: this is a minimum insurance period, age (for women - 55 years, for men - 60 years), and the presence of a minimum amount of pension points.

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The Pension Fund asks for the money back (the pension was accrued more than it should have been)

1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of a labor pension, and employers, in addition, are responsible for the accuracy of the information provided for maintaining individual (personalized) records in the compulsory pension insurance system.

3. In cases of non-fulfillment or improper fulfillment of the duties specified in paragraph 1 of this article, and the payment in connection with this of excess amounts of labor pension, the employer and pensioner shall compensate the pension body that pays the labor pension for the damage caused in the manner established by the legislation of the Russian Federation.

Is it possible to recalculate a pension after it has been assigned?

It may happen that the pensioner-applicant does not agree with the decision that will be made at the Pension Fund office after reviewing the relevant application document. In this case, in accordance with the legislative system of our state, the pensioner can appeal the decision that does not suit him in a civil court.

In accordance with the law of our state, for a pensioner there is a certain limit of labor points for a pension, due to which the amount of the pension cash payment can be changed (in most cases increased). Thus, the maximum increase in the size of the pension payment this year will most likely be 235 rubles. This digital value is taken from the calculation:

In what cases can an old-age pension be refused?

A person applying to the Pension Fund may not have documents confirming the availability of the required special experience. It often happens that the employer’s archive is lost and it is not possible to restore it.

Accordingly, the higher the official “white” salary, the more pension points. Upon retirement, the points earned for all years of work are summed up and converted into rubles by multiplying them by the cost of one pension coefficient established by the state in the year in which the pension is assigned. In accordance with Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions in the Russian Federation”, the required duration of the insurance period is determined on the day of reaching the generally established retirement age. In 2020 it is 7 years, and increases by 1 year annually until it reaches 15 years by 2025.

Can the pension be reduced?

It’s not very clear why you don’t want to get laid off. This has some advantages in your situation. First of all, the Employment Center can apply for a pension for you. And you will have a real opportunity to receive a pension and earn extra money somewhere else to help your student sons. But since you want to stay so badly, let's look into your situation. If you actually have a clause in your collective agreement that guarantees that employees of pre-retirement age will retain their jobs, then, of course, you do not have the right to be laid off. True, it is very important how the wording of this paragraph sounds. If you keep your job until you retire, that’s one thing: you have no right not only to be laid off, but also to be transferred to another job. But if the collective agreement says that you are guaranteed a job until retirement, this is completely different: your position can be cut, but at the same time you must be given another place. It is also important whether there is a clause in the collective agreement about maintaining your previous earnings when transferring to another job. So read the document carefully.

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Help me understand the current situation. I worked at the locomotive depot for 25 years, I have a year left before retirement. But now I am being sent to the Employment Center to retire from there. At the same time, according to the collective agreement, I have the right to work here until retirement. I have two dependent student sons. I am entitled to vacation according to the schedule for the year I worked, but this is also denied to me due to staff reductions. At the moment I am on sick leave and without my consent I was transferred to another 000. I do not agree to work there. They said that if I don’t transfer, then they will fire me altogether, i.e. they are putting psychological pressure on me.

Grounds and rules for recalculating a pension after its assignment

You can submit an application with all the necessary information using the “State Services” service . To do this, you must go through the registration process and log in to the official website. Next, you need to log into your personal account and select the section “Establishment of insurance pensions, funded pensions and state pensions.” Then you should fill out all the fields offered by the site and submit the data. Please note that the period for reviewing a document if you apply to the MFC and submit it via the Internet will be about a month.

1. The beginning of the month in which the events occurred that constitute the basis for applying for a recalculation service;
2. The beginning of the month following the month in which the application and documents were accepted;
3. The date the relevant medical commission made a decision to recognize a person as disabled or to change the group of previously acquired disability to one that gives the right to increase the level of payments;
4. The beginning of the month, in the event that a specialized medical commission makes a decision to remove the status of a disabled person or assign a disability group that reduces the amount of pension payments;
5. The insurance part, in case of reaching the age of 80 years, is recalculated from the date of this age;
6. The insurance part of the security, in the event that a person misses the deadline for undergoing re-examination for reasons recognized as valid and the commission establishes the fact of disability, for the missed period the pension is recalculated, taking into account the person’s previous disability group.

Deductions from pension

Please note that the unreliability of the data provided does not always lead to a revision of the amount of life support previously paid to the pensioner. If the overpayment is caused by distortion of reporting data by the pensioner's former employer, the excess amounts paid are not withheld from the pensioner. His pension will change only from the moment the error is discovered.

If the court determines that the pensioner is guilty of providing false information or concealing current information about himself and the connection of such a violation with the overpayment of his pension is proven, then the excess amounts received will be withheld in accordance with the court order.

Moving to another region

When a pensioner moves to another region, the regional coefficient, which is taken into account when calculating payments, may change. If the pension, taking into account this coefficient, is lower in the region where the citizen moved, then one of the solutions to the problem is to maintain registration in the locality where the pension was larger. If he registers at a new place of residence, but continues to receive a pension taking into account his former place of residence, an overpayment will arise. The excess amount paid will have to be returned.

Question answer

How to get a pension increase for a working pensioner? Therefore, if the place of registration changes, you must come to the territorial office of the Pension Fund of the Russian Federation at the new address with an application for registration. The pensioner’s pension file will be deregistered at the previous place of residence and registered at the new address. Payment of the pension will continue, but the amount of the payment may change if the pensioner received a social supplement to the pension (clause 8 of Article 18 of Federal Law No. 400-FZ). According to the law, non-working pensioners whose pension does not reach the cost of living of a pensioner in the region of his residence are assigned an additional payment to their pension. But since the cost of living varies across regions, when moving, such pensioners may begin to receive a lower or higher surcharge.

Everything about registration, payment and delivery of pensions

• writs of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
• court orders;
• notarized agreements on the payment of alimony or their notarized copies;
• certificates issued by labor dispute commissions;
• acts of bodies exercising control functions on the collection of funds with the attachment of documents containing marks from banks or other credit organizations in which settlement and other accounts of the debtor are opened, on complete or partial failure to comply with the requirements of these bodies due to the lack of funds in the debtor’s accounts, sufficient to meet these requirements;
• judicial acts, acts of other bodies and officials in cases of administrative offenses;
• orders of the bailiff;
• acts of other bodies in cases provided for by federal law.

• executive documents;
• decisions of bodies providing pension provision on the recovery of labor pensions overpaid to a pensioner in connection with a violation of clause 4 of Art. 23 of the Law on Labor Pensions;
• court decisions on the recovery of labor pensions due to abuses on the part of a pensioner established in court (Article 26 of the Law on Labor Pensions).

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Everything about early retirement pensions

For citizens who worked both in the Far North and in equivalent areas, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as 9 months of work in the regions of the Far North.

In accordance with Art. 28 of the Federal Law “On Labor Pensions”, an old-age labor pension is assigned before reaching the generally established retirement age (early pension) to the following citizens:

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Can a pension be seized for loan debts?

Retaining debt obligations to a bank in the presence of documentary decisions of executive bodies, for example, a resolution to foreclose on the debtor’s pension, is not always possible. To initiate its partial seizure, this social payment should not fall into the following categories:

• the bailiff receives documents that form the basis for the possibility of debt collection;
• making a decision. This procedure implies the beginning of enforcement proceedings. The maximum period for its preparation should not exceed three days;
• sending a copy of the decision to the person who has a loan debt. In this case, a period is determined during which the citizen has the right to voluntarily pay the specified amount - then no amounts will be collected from pension payments;
• after the expiration of the voluntary repayment period, if funds are not received, withdrawal of funds begins.

In what cases will your pension be reduced during recalculation?

It is no secret that in our state a large pension is the lot of those in power and their relatives, friends and associates. Ordinary people cannot boast of substantial pension payments. And it’s not only difficult to travel around the world on a regular pension, but it’s also difficult to even survive until the next pension. However, it is not for nothing that there is a saying that everything is learned by comparison. And the initially established pension that you previously received may seem very good even if the pension fund cuts it.

In practice, there are cases of assigning a pension based on such documents, but over time, for example, when conducting an audit or transferring the pension file to another executor, it becomes clear that the documents on which the pension was assigned by the Pension Fund employee are unreliable.

Pensions for working pensioners in 2020: latest news on indexation of payments

Based on the new pension project and a different procedure for calculating old-age pension payments, Duma deputies made a proposal to cancel the recalculation of compensation for pensioners who work. But the right to recalculation for citizens who continue to work has been preserved. After further appeals and disputes, the government decided to take into account insurance premiums for working pensioners, but with appropriate restrictions.

The Russian government, in conditions of crisis, unstable economy, high inflation, sharp changes in the exchange rate of foreign currency against the ruble, rising prices, is constantly reviewing the pension system. Working citizens of retirement age, as before, receive both wages and compensation from the state, consisting of a fixed payment, the amount of which is 3,935 rubles, and insurance compensation, its amount depends on the number of points and length of service.

Important! Features of pension recalculation taking into account periods of child care

If the periods of care coincide with the period of work, the corresponding period of work is excluded from the calculation of the total length of service. This means that the part of the pension established for this period of service must be excluded from the pension amount and replaced with the amount calculated using the point system for the period of child care.

No, not everyone. As a rule, if the leave was taken to care for one child, it is not profitable to recalculate. The most likely increase in pension is when replacing length of service with periods of caring for three or more children, that is, if a woman is a mother of many children. Also, an increase in pension is possible if during the period of work to be replaced by the period of leaving, there was a low salary or if the period of leaving coincided, for example, with training.