The death of a certain person entails various not only moral, but also legal consequences. Many people wonder how to get this or that property, but not everyone knows that you can also inherit the funded part of the deceased’s pension.
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Legal heirs have the right to this. To receive an inheritance, you should consult with a lawyer and prepare the documents correctly.
Inheritance
Perhaps most often people turn to a lawyer with questions related to inheritance. But what is this inheritance? An inheritance is a certain property that is transferred after the death of the testator to his heirs, people who, after this event, will manage the property of the deceased.
Also, inheritance is not only rights, but also responsibilities. So, for example, when you receive an apartment from the testator, unpaid utility bills and a bank account may be transferred to you along with it.
Many people wonder whether it is possible to receive part of the inheritance. The answer is no. Upon receipt of the inheritance certificate, you undertake to receive all the inheritance assigned to you.
Heirs
In turn, another question arises: who are the heirs? Can anyone become an heir? Heirs are a person, a group of persons who have the right, after the death of the testator, to receive a certificate of inheritance; this is formal.
In practice, these are people who, after the death of the testator, will be given full control of all the rights and obligations of the latter. The heir can be almost any person written in the will, or if one was not written, then they are chosen legally in order of legal priority.
Inheritance of the funded part of the deceased's pension
You can receive a pension in various cases, whether it is reaching the age criterion, achieving the required work experience, receiving a disability group, or losing a breadwinner. But in three cases, the receipt of pension assistance is stopped.
This:
- recognition of a person's ability to work
- changing the type of pension received
- death of a person receiving a pension
Despite the widespread opinion of ordinary citizens of the Russian Federation, there are not one, but three types of pensions: basic, insurance and funded pensions. Only the funded of these three pensions can be inherited.
Here are the types of funded pensions:
- money that has been accumulated into a labor pension account
- funds deposited into the pension account in the Pension Fund of the Russian Federation
- compulsory part of the pension that the testator was unable to receive due to death
That is, only funds transferred from the employer’s personal account and income generated by investing such funds in any projects can be inherited.
Notaries are often asked the question of how to arrange for inheritance of the funded part of the deceased’s pension.
From the article “On Labor Pensions in the Russian Federation” it can be understood that a lost pension cannot be considered inherited property and can only be paid if the person representing the first line of inheritance applied for such a pension at the time.
Inheritance of the pension savings of the deceased
After the death of a citizen, many know what needs to be done to inherit his property. However, not everyone knows that, along with movable and immovable inheritance, it is possible to inherit the funded part of the deceased’s pension.
Obtaining rights to this type of inheritance is quite simple, but you should know certain nuances that are spelled out in the law of the Russian Federation for 2020.
In this article you will learn in detail:
- What kind of pension can be inherited?
- Who can claim the right to receive a deceased person's pension?
- What needs to be done to receive the accumulated funds?
- What are the deadlines for paying the deceased’s pension?
What pension can be registered as an inheritance?
There are three types of pensions:
- Personal funds deposited in a pension account with the Pension Fund of the Russian Federation.
- Accumulated money in the labor pension account.
- The obligatory amount of pension funds that a citizen did not receive in the event of an untimely death.
Inheritance of an unpaid pension
A person may become entitled to pension assistance, which is characterized by cash, for various reasons:
- Age criterion.
- Work experience.
- Disability group.
- The death of the breadwinner.
- Social payments.
The payment of each pension cash assistance stops upon the occurrence of certain circumstances that have a legal basis:
- Death of the person for whom the pension was issued.
- Recognition of performance.
- Changing the type of pension.
Most often, a notary is asked to register a lost pension and establish the fact of acceptance of an inheritance.
To resolve this issue, it is necessary to refer to the article “On labor pensions in the Russian Federation,” which was published on December 17, 2001 in Federal Law No. 173-FZ. It describes in detail how to receive pension accruals after the death of a pensioner.
Article 23 states that the calculated labor pension funds in the current month, as well as the amount of money that was accrued and not paid in connection with the death of a pensioner, are not inherited property.
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This means that they can be paid only to first-priority persons who promptly submitted an application to receive unpaid funds. According to Federal Law No. 173-FZ, Article 9, paragraph 2, after death, an inheritance pension can be issued by close relatives who lived with the pensioner before his death.
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An application to re-register funds from a pension account must be submitted within six months after the death of a retired relative.
If the notary department receives several applications from relatives who have a legal basis for receiving the unpaid amount of labor pension money, then the entire amount is divided equally between the heirs.
Who has the right to inherit
The Federal Law in Article 9, paragraph 2 specifies a list of persons who have the right to claim the unpaid amount of the pension for themselves:
- A minor child, brother or sister, or grandson of a deceased pensioner.
- Close relatives receiving inpatient education in various institutions who were dependent on the pensioner-breadwinner. Their age must be no more than 23 years.
- Disabled close relatives of minor age who lived with the pensioner and were supported by him. These include family members who have a disability group or relatives who do not have able-bodied parents.
- Relatives-guardians. This category includes close relatives who care for the child of a deceased pensioner under 14 years of age. In accordance with sub. 1, paragraph 2, article 9 of the Federal Law of the Russian Federation, guardians who do not have a job receive a labor pension.
- A spouse or father (mother) who has reached retirement age (60 years and 55 years, respectively). This category of citizens can receive payment if they are unable to work or have a disability group.
- Parents of the father or mother who lived on the support of the deceased pensioner. The main criteria are age: 55 years and 60 years, respectively, disability group, incapacity for work, absence of citizens who are responsible for providing for these persons according to the law of the Russian Federation.
On March 1, 2002, Article 3 of the Civil Code of the Russian Federation came into force, which resolves issues related to the receipt of property, including inheritance of the pension of the deceased.
The Civil Code of the Russian Federation in Article 1183 states that the right to inherit assigned funds to a pensioner belongs to close relatives who cohabited with the pensioner citizen . Disabled persons who were supported by a retired citizen can also receive pension amounts, regardless of their place of residence.
It is important to remember that it is necessary to claim the right to receive the unpaid pension of a deceased citizen within four months after the day of his death.
If there is no opportunity to receive funds, and the documents for payment of the accrued pension by the above-mentioned persons are not provided in a timely manner, the amount of money may be included in the inheritance, which is inherited by law.
Inheritance of accumulated labor pension funds
Since 2002, you can accumulate money in a retirement account in three ways:
- Basic account.
- Insurance account.
- Cumulative.
You should know that the pension is inherited, which is deposited into a savings account.
After pension changes in the law since 2002, pension accumulation occurs by transferring a certain amount of money from the place of work to an insurance and savings account.
The funds that are transferred to the funded part of the pension are located in the Non-State Pension Fund (NPF) or in the Pension Fund of the Russian Federation (PFRF).
The funds that are in the savings account in the Pension Fund of the Russian Federation can be inherited if the person with the insurance did not receive them before his death.
Heirs of the deceased's funded pension
The following can inherit the funded part of the pension:
- According to the statement . In the application, which is in the Pension Fund, the owner of the funded pension can indicate the heirs who have the right to receive funds.
- In law. Heirs of the first stage have the full right to receive the funded pension of the deceased. If there are no direct heirs by law, then this advantage is transferred to the heirs of the second priority.
The heirs may not know that the insured person left them the right to receive savings funds. In this regard, after the death of a citizen-heir, the Pension Fund must notify the heirs of the possibility of paying the uncollected money.
However, if there is no such application, then the heirs must independently contact the Pension Department with a request to inherit the deceased’s pension.
The heirs of the first priority by law receive an equal part of the accumulated funds. If there are no such relatives, then the second-stage heirs receive the funded pension from a specially created personal account of the testator.
Deadlines for receiving a funded pension
An application for receiving a funded pension after the death of the testator must be submitted to the Pension Department within six months after opening the inheritance case . Such an application is drawn up in accordance with the standard form that will be provided to the Pension Fund of the Russian Federation. After six months have passed, the accumulated funds in the pension account will be issued.
If the heir does not submit an application in a timely manner, he can initiate the procedure for obtaining funds in court. To do this, you will need to calculate the ratio of legal costs and the amount of money you will ultimately receive from your savings account.
: On inheritance of pension savings
Source: https://expert-nasledstva.com/nasledovanie-nakopitelnoj-chasti-pensii-umershego/
Conditions for the possibility of paying the funded portion to heirs
There are a number of conditions that must be met if you want to receive the funded part of your pension.
These are the conditions:
- The testator must have cash savings in his personal account, and he must also be a participant in compulsory pension insurance.
- The testator died before he could exercise his right to include his accumulated amounts (for pension benefits).
- Although the testator had reached the required age, he did not apply, or did not have time.
If the testator received such a payment at least once, it will be impossible to register them as an inheritance.
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Deadlines for receiving payments
In order to receive the funds accumulated by the deceased testator, you will need to contact the Pension Fund of the Russian Federation with an application. The period for filing this application begins on the day of death of the testator and ends exactly six months later. If the deadline has been missed, it can be restored with the help of the court.
But without good reasons why you were unable to receive this kind of inheritance on time, it is better not to do this, since you may spend more on legal costs than receive money or not receive it at all.
How can a successor receive a funded pension?
The potential heir to the funded part of the pension is required to write an application to the Pension Fund within the next six months after the death of a relative. It is also possible to contact the department through a notary, if the relative lived in another city, or by mail.
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After the expiration of the six-month period, the successor still has the right to receive the funded pension of the deceased relative. However, to do this you will need to go to court.
Often the deceased relative does not indicate a successor. Therefore, relatives have to collect a large set of documents confirming the relationship. You can view the complete list of documents required for potential heirs of savings to submit an application in Resolution of the Russian Federation No. 710 of June 30, 2014.
After contacting the Pension Fund, the application will be considered within 50 calendar days. If the fact of relationship is confirmed, the payment will be received no later than the 20th day of the next month after the one in which the application was written. The funded pension is paid in cash by mail or to a bank card. In the latter case, you must attach the details of your bank account to the application.
Who is entitled to payment of the funded part of the pension?
Such a part can only be received by persons whose testators were born in 1967 or a later year. Persons born in the years before 1967 simply do not have a funded portion.
Who can become a contender for receiving payments?
- heirs indicated in the testator's application
The so-called statement is a kind of order from the testator on how he wants to dispose of the accumulated funds if he dies. It is stored in the Pension Fund to which the place of residence of the testator is assigned.
- in the case where there is no such statement, payments are made to the heirs according to the law, in order of priority, which will be discussed later.
You should know that the heirs of the same line will receive equal shares.
How to get a?
The legal successors of the deceased pensioner need to know that all issues related to the procedure for applying for the funded part of the pension and its payment are regulated by Decree of the Government of the Russian Federation No. 471.
Relatives of a person who has died suddenly must act in the following way:
- First of all, you will have to collect a large package of documentation.
- After this, you must contact the government agency authorized to resolve these issues.
- After checking the provided documentation, a decision is made on the advisability of paying the funds.
- The funded part of the deceased’s pension is paid to his official successors.
Applicants for pension payments must contact the branch of the Pension Fund that served their deceased relative.
Federal legislation allows you to submit an application with a package of documents in the following ways:
- An application is made to the Pension Fund in person and a package of documentation is submitted to the office.
- Documents are transferred through an official representative, in whose name a power of attorney has been issued and notarized.
- Documents are sent by mail. In this case, you will have to issue a registered letter. It is necessary to include an inventory in it, as well as fill out a notification form for the letter.
Application for inheritance of the funded part of the pension
If the application described above was abandoned, the Pension Fund will be obliged to announce to the heirs that they can receive the funds accumulated by the testator.
In the absence of this statement, the Pension Fund is not obliged to notify anyone. If the heirs want to receive these payments, then they are obliged to contact the Pension Fund themselves with an application.
Such an application can be sent by mail or asked to be delivered by your representative. But, in this case, you will have to notarize it.
You should attach to your application:
- death certificate of the testator
- certificate from the Pension Fund
- your passport
- any document that could confirm your relationship with the testator.
Thus, the order of inheritance of the funded part is slightly different from the order of inheritance in general.
Inheritance
Inheritance of property can take place according to two scenarios. The first scenario is the case when a will was written, and the second is the case when no will was written.
Following from this, the question arises, what is a will? A will is a unilateral document written by a person in the event of his death. In this act, the person indicates how he wants to dispose of his rights and obligations after his death, the persons, in his opinion, worthy of having his property transferred to them.
In the case where a will was not written and the heirs under the will renounced their part, the law comes into force. According to the law, there are different lines of inheritance from the first stage to the seventh.
According to the Civil Code of the Russian Federation, these include:
- First priority: children, spouse of the testator, his parents.
- Second line: second-degree relatives (blood grandparents, brother and sister)
- Third priority: aunts, uncles of the testator, his cousins or sister
- Fourth stage: great-grandparents of the testator
- Fifth: great-aunts and grandfathers, grandchildren and granddaughters
- Sixth line: great-uncle, aunt-nephew or great-grandson
- And the seventh line: stepdaughters or stepsons, stepfather or stepmother of the testator.
Payment of a funded pension accrued to the deceased and not received by him
Payment of a funded pension stops on the first day of the month following the month in which the death of the insured person occurred (clause 1, part 1, article 12 of the Federal Law of December 28, 2013 No. 424-FZ
).
Accrued amounts of funded pension due to a person in the current month, not received by him in connection with death in this month, are not included in the inheritance and are paid to disabled members of his family who lived with him on the day of his death and for whom he was a member during his lifetime. breadwinner (in particular, his minor children). You must apply for unreceived pension amounts within six months from the date of death of the breadwinner (Part 3, Article 13 of Federal Law No. 424-FZ of December 28, 2013
;
Part 2 Art. 10 of the Federal Law of December 28, 2013 No. 400-FZ
).
In the absence of these persons or in the event that they do not submit demands within the established period for the payment of a funded pension not received by the deceased, the corresponding amounts are inherited on a general basis (Part 4, Article 13 of the Federal Law of December 28, 2013 No. 424-FZ
).
