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Published: 04/02/2016
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The right to apply for an insurance pension in the event of the loss of a breadwinner has the right to persons equated to the disabled and who were dependent on the deceased citizen. The legislator provides for the possibility of getting rid of such a right for citizens whose purposeful actions provoked the death of the breadwinner.
After reviewing the information below, you will consider the key reasons for applying for a survivor's pension and study the associated legal aspects.
- Who is entitled to receive such pension benefits?
- Conditions for assigning pensions
- How to get pension insurance? Required documents
- Where to contact?
- Procedure
Conditions for assigning an insurance pension for the loss of a breadwinner
Persons who have a permanent disability due to age or due to health problems, who have lost their breadwinner, in accordance with the provisions of Federal Law No. 400, receive the right to receive insurance pension payments. The concept of “loss of a breadwinner” in this situation means the death or disappearance of a person who was supporting a disabled dependent.
The fact of his death or disappearance must be confirmed by official documents - an extract from the registry office about the death of a citizen, or a court order declaring him missing. The accrued pension benefit can be received either personally by the person to whom it is accrued or by his representative.
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Pension payments are made monthly, on certain dates. Legislative regulations provide for several options for receiving payments:
- Through the post office upon personal appearance of the pensioner or his representative.
- By transfer to a bank account or plastic card.
- Home delivery by postman or employee of a specialized service.
Dependents who were in the care of a deceased citizen have the right to receive such a pension payment. Among the main conditions for assigning an insurance pension for the loss of a breadwinner are:
- The deceased has an insurance period of any duration.
- The dependent is not involved in the death of his or her caregiver.
The list of persons entitled to apply for this pension is as follows:
- Children or other family members of the deceased who have not reached the age of majority.
- Dependents who have not reached the age of 23, provided they have a disability, or are studying full-time at a state educational institution.
- Family members of the deceased who care for children and do not have official work. The age of the child being cared for in this case should not exceed 14 years.
- Parents or spouse of a deceased person who have disabilities or have reached retirement age.
- Family members and parents who were not previously in the care of the deceased, but have lost their source of income after his death or disappearance.
List of documents
To assign a pension to persons entitled to it, it is necessary to contact the territorial body of the state pension fund. When applying, you must submit the required set of documents:
- Application for assignment of pension benefits.
- A general passport, or another ID that replaces it.
- Documents confirming the death or disappearance of the breadwinner.
- Certificates confirming the insurance history of the deceased trustee.
Duration of appointment
After submitting the application along with the accompanying documentation, PF employees are required to consider it within ten days. After this, a decision is made to assign pension payments or to refuse it. Fund employees must inform the applicant of the refusal, citing specific norms and provisions of the current legislation.
The amount of monthly insurance pension payments is calculated by PF employees using a special formula. In each individual case, the size of the survivor's insurance pension will be different.
The structure of the survivor's insurance pension consists of a fixed amount, which forms its basis, and additional charges. The amount of the fixed part as of 2020 is 5,330 rubles. This amount is given to single mothers and orphans. Other categories of dependents who have lost their breadwinner are entitled to a fixed payment of 2,660 rubles.
Minimum pension
According to the provisions of the current legislation, the total amount of benefits for the loss of a breadwinner must exceed the subsistence level. This indicator is set individually for each subject of the federation. In a situation where the amount of pension benefits does not reach this minimum, the recipient of payments is entitled to an additional payment from the state budget.
The survivor's insurance pension in 2020 is calculated using the following formula:
The number of IPC points is multiplied by the price of one point (87.2 rubles). The size of the established fixed part is added to the resulting product.
Pension point in 2020: what is it equal to?
The amount of the premium is determined by the formula presented in Part 3 of Art. 18 Federal Law No. 400 - the product of the pension points earned over the past year and the value of 1 point as of the day of the recalculation is added to the old pension amount.
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Calculation example No. 1. Citizen Ruzaeva, living in the Ivanovo region, reached 55 years of age in 2020. According to the new rules, she will be granted a pension at 55.5 years old (six months earlier than the retirement age for women, set for 2020 - 56 years).
Survivor's insurance pension - what is it?
Survivor's pension insurance is a monthly payment that is issued to the disabled dependents of a deceased or missing citizen.
The loss of a breadwinner means his death or unknown absence. The facts of this must be confirmed by special papers. If there are no documents, these facts can be established in court in accordance with the Civil Code of Russia.
A pensioner can receive funds either himself or through his representative (for this you need to make a power of attorney). You can also arrange for funds to be credited to a bank account.
The mother, father, and guardian have the right to receive money for a minor. If the child has reached the age of fourteen, he can receive money himself. If a child is considered an orphan and stays in an orphanage, the pension is credited to his personal account.
The citizen receiving payments himself determines the method in which they will be delivered to him. It could be:
- postal service;
- banking organization;
- delivery company.
Important! All of the establishments listed above provide the opportunity to choose 1 of several ways to receive funds (in person at the branch, at home, bank card). The recipient has the right to change the delivery company and the method of money delivery at any time.
To do this, he needs to submit an application to the Pension Fund.
State pension
As already noted, some categories of the population have certain privileges. We are talking about people risking their lives for the sake of the state. These include military personnel and test pilots (cosmonauts).
Conditions for receiving a subsidy for GPO
The requirements for receiving a state subsidy established by law include:
- whether the deceased has the status of a test cosmonaut (researcher) who died while performing his assigned duties;
- the recipient is the spouse, child or parent of the deceased and was his financial support.
The procedure for applying for a subsidy for public education
The procedure is similar to that previously discussed. However, you need to remember that the social type of payments and the state type are assigned from the date of application. Payments are established during the time the beneficiary is disabled.
So, if a person in a family who had the only source of income dies, then his immediate relatives are left without funds with which to satisfy at least minimal needs. For this purpose, PPKs have been installed. Their value is determined according to the allowance and IPC accumulated during the citizen’s lifetime. With the social type of income, the amount is fixed and depends on the status of the recipient:
Category of persons | Average receipts last year, thousand rubles. | Average size in 2020 |
old age | 5,2 | 5,3 |
for the loss of a breadwinner | 5,2 | 5,3 |
on the loss of both parents | 10,4 | 10,6 |
Disabled people | ||
Group I | 10,4 | 10,6 |
Group II | 5,2 | 5,3 |
Group III | 4,4 | 4,5 |
children | 12,4 | 12,7 |
from childhood I gr. | 12,4 | 12,7 |
from childhood II gr. | 10,4 | 10,6 |
Social payments: size and nuances
The size of the PPC for minors who have lost only their mother or father is 5034.25 rubles; if both parents have died, then the income increases to 10.1 thousand rubles (Article 18 of Federal Law No. 166-FZ).
For minors receiving deductions, the additional payment is approved automatically. That is, beneficiaries do not need to submit applications. When calculating the bonus, the size of the social pension for the loss of a breadwinner in the current year is taken into account, then indexation is made. The latter is also carried out without a declaration. For other categories of recipients, an application is required.
Payment of preferences is suspended under the following circumstances: reaching the age of eighteen or 23 years for students studying; changing the status of disabled person to employed or unemployed. If financial assistance is less than the minimum monthly allowance established for pensioners, then the person receives an additional payment. In 2019, the cost of living is 8.8 thousand rubles.
Question:
Will social benefits continue to be paid if a person is able to start working?
Answer:
It is important to remember the grounds that lead to termination of benefits. These include employment of Russians who are old-age pensioners (Article
11 Federal Law No. 166). This provision does not apply to persons who received preference due to the loss of a loved one. However, in this case, additional payment will not be possible. Therefore, official employment requires the recipient of the subsidy to take actions related to informing the Pension Fund about a change in his status. If this is not done, then in the future the person will have to return a large amount of budget revenue (Article 23 of Federal Law No. 173).
Benefits and additional payments other than pensions
In addition to monetary support, children who have lost a parent are entitled to various benefits and support measures:
- up to 2 years - milk and formula;
- up to three – free medications;
- travel on a national vehicle is free;
- ticket-free visits to state parks, museums, zoos until the age of seven;
- from 7 to 18 discount on the above events;
- two meals a day at school and provision of educational literature;
Orphans are provided with housing under a social tenancy agreement, as well as the possibility of non-competitive enrollment in a university or secondary education institution upon passing school exams with positive grades.
Who receives a survivor's pension?
According to Article 10 of the Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”, disabled family members of the deceased breadwinner who are dependent on him on the day of death, as well as those who are missing, can apply for a pension for the loss of a breadwinner, if this is proven in judicial procedure.
A prerequisite for the appointment is that the deceased breadwinner must have at least one day of insurance coverage.
Dependents entitled to a pension include:
- Children, brothers and sisters, grandchildren of the deceased who are under 18 years of age or receiving full-time education, but not older than 23 years of age;
- The above-mentioned persons are over 23 years of age, provided that they are recognized as disabled before reaching the age of 18 and do not have able-bodied parents;
- One of the family members has reached the age of 18, if he is caring for the children, brothers, sisters or grandchildren of the deceased breadwinner until they reach the age of 14;
- Parents and spouse, if they have reached retirement age or are disabled;
- Grandfather and grandmother who have reached 60 and 55 years of age, in the absence of persons obligated to support them;
- Disabled parents and spouse who are not dependent on the deceased breadwinner, if they lose their source of livelihood, regardless of the time that has passed since the date of death;
- Stepdaughter and stepson - if they were dependent on the adoptive parent.
Persons who have committed a criminal offense against a breadwinner cannot apply for this pension benefit (social benefits may be assigned to them).
Can a wife receive a pension after the death of her husband?
The widow of a deceased or missing citizen may apply for a survivor's insurance pension if she:
- recognized as disabled by age - reached 55 years old;
- when one of the disability groups is established before the death of the breadwinner;
- provides care for minor children, brothers and sisters of the deceased until they reach the age of fourteen.
The amount of the benefit is calculated based on the amount of the deceased spouse's insurance coverage. If the deceased does not have one, a social pension is assigned in accordance with Article 11 of the Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”. If a widow receives an old-age pension, she can choose a larger pension.
Registration of a new marital relationship is not a reason for canceling pension accruals. Such reasons may include:
- the child reaches the age of 14;
- removal of established disability;
- receipt of any official benefit or employment.
Pension provision for children upon loss of a breadwinner
The basis for paying this benefit to children is reflected in Article 10 of the Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”.
The insurance pension is assigned:
- Minors - up to 18 years of age (up to 23 - when receiving full-time education).
- Disabled children with disabilities even after they reach the age of majority, if the disability was acquired before reaching adulthood.
- If an adult child does not work because he is caring for his child, brother or sister under 14 years of age.
The legislation also provides for an increase in pensions in some cases:
- if a child has lost both parents, the pension coefficients of both parents are summed up;
- if the breadwinner was a single mother, then the pension coefficient and the fixed payment are multiplied by two.
When a minor is employed, the payment of the insurance pension is retained, and the social supplement up to the subsistence level, if it has been established, is withdrawn. Also, when adopting children, the deceased breadwinner retains the right to receive benefits.
Assignment of a pension to parents of pensioners upon loss of a breadwinner
An insurance pension for the loss of a breadwinner is assigned to the parents of the deceased provided that:
- their reaching retirement age;
- presence of a disability group;
- caring for the young children of the deceased breadwinner until they reach the age of 14 years.
Disabled parents have the right to receive survivor benefits regardless of the time that has passed since the death of the breadwinner or his recognition as missing if they have lost their source of livelihood.
A stepfather or stepmother also has the right to receive a pension on an equal basis with their relatives if they raised and supported them for at least five years.
Who is entitled to receive such pension benefits?
Taking into account current legislative provisions, representatives of the following groups have the right to register the type of pension provision being studied:
- Persons who are family members of the deceased breadwinner, recognized as disabled and who were dependent on him. The insurance period of the latter, as well as the circumstances/time of death of the latter, are not taken into account in this situation. Dependents are defined as citizens who were fully supported by the breadwinner or those to whom he provided assistance, which was the main source of income and/or other means of living.
- Minor children of the deceased.
- Children of the breadwinner studying in a general education institution. Citizens of this group will be paid a pension until they complete their studies or until they turn 23 years of age.
- Adult children who became disabled before reaching adulthood.
- Parents and husband/wife of the breadwinner who have reached the generally established retirement age or are disabled.
- Grandmothers/grandfathers of the deceased who have reached the generally established retirement age or are officially recognized as disabled, in the absence of persons who should be involved in the maintenance of such citizens.
- The husband/wife and parents of a deceased citizen, recognized as disabled, but not dependent on the breadwinner, if they have lost their source of income and/or other means of living.
- The above-mentioned persons are unable to work due to the need to care for young children.
Official adoptive parents and adopted children have equal rights with biological parents and children.
Important note! The legislator provides for the possibility of obtaining the pension under study not only by the native and adopted children of the breadwinner, but also by his grandchildren, as well as sisters/brothers . They can count on receiving pension contributions if they do not have able-bodied parents/guardians.
Amount of benefit for insurance and social pensions
The amount of benefits paid in connection with the loss of a breadwinner includes insurance and a legally established payment. Insurance or the insurance part is an independent type of benefit, consisting of the number of points of the individual pension coefficient (according to contributions to the Pension Fund) and total length of service.
Insurance (labor) pension
How is the survivor's insurance pension calculated? A certain formula is used for the calculation: RPpk = IPC x SK + BV (RPpk is the total amount of payments, IPC is the individual pension coefficient, SK is the cost of one coefficient, BV is the basic amount of payments)
As can be seen from the formula, the final amount of payments directly depends on the total official work experience that the head of the family had during his lifetime. All contributions to the Pension Fund are converted into points. The more there are, the higher the benefit.
You can calculate the amount of survivor's pension yourself using the above formula. According to the latest data, from 2019-2020, one point of the individual pension coefficient costs 81 rubles 49 kopecks, and the basic insurance payment is 2498 rubles 66 kopecks. Knowing all the numbers, you can easily calculate the size of the survivor's pension.
An example of calculating a survivor's pension (data from 2017 was used: basic insurance payment - 2,402 rubles 56 kopecks, the cost of the individual pension coefficient - 78 rubles 58 kopecks):
Ivanov I.A., born in 1964, has officially worked at the same enterprise since 1983. At the end of November 2020, I was in a car accident. After his death, the widow was left with two children:
- Daughter, born in 1986, living separately and officially employed.
- Son, born in 2004, school student.
According to the legislation of the Russian Federation, pension payments are assigned only to a minor son.
For the calculation, deduction data for the entire period of work experience is used. According to the Pension Fund, Ivanov I.A. scored 65 points for the working period from 1983 to 2020. For the period 2015-2016, he was awarded 7 points. The total number of individual pension points was: 65+7=72 points.
Next, all the numbers are inserted into the formula: 72 points x 78 rubles 58 kopecks + 2402 rubles 56 kopecks = 8060 rubles 32 kopecks.
You can find out how much they pay for the loss of a breadwinner by using the online service on the Pension Fund website
It is important to understand that the figures obtained will only be approximate. An accurate calculation can only be obtained by contacting the Pension Fund with a package of necessary documents
The greatest interest among many is usually shown in the sum of points. How can I find out how many points have been accumulated over my entire work experience? To do this, you can contact the Pension Fund or register on the website of this organization and send an application to receive an extract from an individual account. The received document will contain all the numbers of interest.
Social pension
The social pension is calculated when the deceased citizen had no official earnings during his lifetime and, accordingly, no contributions were made to the Pension Fund. What is the pension amount for the loss of a breadwinner in this case? The amount of social benefits is set by the state and increases every year taking into account inflation. The benefit is paid from the federal budget.
Who is entitled to the SPK pension?
ElenaNekrasova Expert + florist + gardener + home cook 8737 149 subscribers Ask August 9, 2020 The procedure for calculating pensions became somewhat different after the approval of Federal Law No. 400 in 2013.
The very concept of a pension was divided into parts, one of which is called insurance and is calculated using individual coefficients. The other part is cumulative, which is calculated in accordance with the previous rules.
The insurance pension is divided into types, one of which is payment to those who have lost their breadwinner. It is characterized as replenishment of funds that some family members of an insured person may receive in connection with his death.
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Question: “Can a daughter move to live in France if her mother is married to a Frenchman???” — 1 answer According to the updated law, the concept of “labor pension” no longer exists - it has been replaced by an insurance one. This is a payment that the state guarantees to persons who have reached the age of disability, and is intended to compensate for lost income. The law on insurance pensions (Article 12) indicates the main difference between the monthly labor payment - in the past, its size directly depended on the amount of money transferred to the Pension Fund by the employer.
For insurance pensions, the length of service is more significant. Previously, the labor pension consisted of a basic and insurance part of payments. The amount of funds assigned under the SPC depended on the salary of the deceased, hours of work and the amount transferred by the employer.
Then this part was separated as an independent species. It began to be determined depending on the IPC points and the length of service of the deceased. The amount of salary most directly affects the number of points. Disabled relatives of the deceased who were dependent on him have the right to receive a survivor's pension. The amount of salary most directly affects the number of points. Disabled relatives of the deceased who were dependent on him have the right to receive a survivor's pension.
These include:1. Young children, sisters and brothers of the deceased, grandchildren - minors or disabled. This category includes full-time students under 23 years of age.2. The husband or wife of the deceased, parents and their parents, children of the deceased or other relatives who do not work and care for his young children (under 14 years of age).3.
Grandparents, parents or spouses who are of retirement age or have a disability. In order for the authorized bodies to be able to assign a payment in connection with the loss of a breadwinner, certain conditions must be met: 1. The deceased breadwinner must have an insurance period (one day or more).2. The applicant for a pension has not committed any illegal acts that could have resulted in the death of the breadwinner.3.
The person for whose rights documents are submitted to the Pension Fund was dependent on the deceased. If the deceased did not work, a social payment is assigned in accordance with the norm prescribed in the Pension Law No. 166. If a person has disappeared and does not provide news about himself, he can be declared “missing” in court.
Such a citizen is equal to the deceased breadwinner. The pension will be assigned from the day the grounds for it arise, that is, from the date of death of the breadwinner. If for some reason a person did not apply for her appointment immediately, but did so many months later, the payment will be made for this entire period. The application for appointment will be reviewed by the Pension Fund for 10 days.
If there are insufficient documents, the process will have to be suspended until they are provided. Such payments are assigned for the entire period while the dependent is disabled. In some situations, a pension under the SPC is assigned indefinitely. If the spouse of a deceased breadwinner, receiving a compensation payment from the state, marries again after some time, the labor pension in the event of the loss of a breadwinner is retained for her. To apply for a pension under the SPC, you can contact the Pension Fund at any time with the entire package of documents. The fixed (basic) amount is 2402 rubles in 2020 and will increase depending on the increase in consumer prices. Its appointment is made at the same time that the insurance pension for the loss of a breadwinner is established. Calculations are carried out using special formulas, which are selected depending on whether the breadwinner was a pensioner at the date of death. If a person already receiving a pension of another type loses a breadwinner, he acquires the right to receive payments under the SPC.
But only one measure of state support will be assigned to him - you can choose the one that is larger in amount. Is the advice useful? Yes No Related articles:
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- How is a pension formed?
- Who is eligible for early retirement?
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Deadlines for submitting documents and considering applications
If, when submitting an application, it turns out that an incomplete package of documents was attached to it, all missing papers can be provided later. If the documents are submitted within 3 months, then the moment of applying for a pension will be considered the day of receipt of the application (date on the stamp, etc.).
The Pension Fund of the Russian Federation must consider the application within 10 working days. The countdown will begin from the moment the required package of documents is received by the territorial office of the Pension Fund. The same deadlines are established for studying additionally received documents, including those that were requested by the Pension Fund of Russia in other institutions.
The time for consideration of a received application may be frozen, but not longer than 90 days. This can happen in cases where additional checks are ordered, files requested from third institutions (for example, in archives) are expected.
When the territorial department of the Pension Fund of the Russian Federation refuses to assign payments to the applicant, he is obliged to notify about this within 5 working days after the refusal. The Pension Fund must also state the reason for the refusal, explain the procedure for appealing its decision and return all attached documents to the applicant.
How to get pension insurance?
Required documents
Important note! Please check the exact list individually by location, since provisions in this regard may change depending on current legislative regulations, procedures specific to the region, as well as the characteristics of a particular situation.
The standard list includes the following items:
statement;- passport or a document replacing it provided by law;
- SNILS;
- documents certifying the relationship between the applicant and the deceased;
- documents certifying the death of a citizen;
- documents indicating the availability of the required insurance experience;
- other identification documents, depending on the specifics of the specific situation.
If the necessary papers and certificates are not available, an authorized employee will provide you with explanations indicating the missing items. You will have 3 months to prepare missing documents.
Where to contact?
An application for registration of pension provision is submitted to the local representative office of the Pension Fund or multifunctional center.
The legislator gives the right to appeal both to the authorities at the place of registration and at the address of actual residence.
There are several options for submitting an application and accompanying papers:
- personally to the representative office of the Pension Fund;
- through an authorized representative to the Pension Fund branch;
- by mail;
- through the representative office of the multifunctional center.
If the application and documents are submitted by mail, the date marked on the postmark at the time of sending will be equated to the day the citizen applied for a pension.
If papers are submitted through a representative office of a multifunctional center, the date of receipt of papers by an authorized employee will be considered as such a date.
Citizens of the Russian Federation living outside the country and not having a registration/place of residence here must submit an application and documents to the main representative office of the Russian Pension Fund, located in Moscow.
In addition, the legislator provides for the possibility of submitting documentation electronically on the website of the Russian Pension Fund - this function is available in the Personal Account.
Procedure
After the PF employees receive the application with the required documents, they will make a decision regarding the proceedings in question within 10 working days.
In the absence of the necessary documents, the countdown of the mentioned consideration period will begin from the moment the citizen submits the missing items.
Who is entitled to a survivor's pension?
The pension in question belongs to the number of state pensions established by Law of the Russian Federation No. 166-FZ of December 15, 2001, but unlike other payments, this type of security is established not for a specific person, but for family members whom he supported before death.
In accordance with paragraph 5 of Art. 5 No. 166-FZ pension benefits can be received by family members:
- citizens who suffered from radiation after man-made disasters;
- citizens from among the astronauts;
- military personnel.
It should be noted that if the fact of raising adopted children by a deceased guardian is proven, and also if the only source of income was a stepmother or stepfather, such children have the rights of natural children. The adoptive parent or stepmother/stepfather also has the right to receive financial assistance upon the death of the breadwinner, but only if he raised the child for at least 5 years before the death of the spouse.
This type of payment can be established regardless of the length of insurance coverage of the citizen who died.
Pension after the death of a serviceman
For military families, in the event of the death of the breadwinner, there are certain guarantees. Sometimes fulfilling one's duty leads to an irreparable loss for the family, and in order to compensate for the absence of a breadwinner, disabled family members are paid a pension for his loss.
All the main provisions on this type of pension payments are contained in Section IV of the Law of the Russian Federation of February 12, 1993 N 4468-1. This section describes the conditions for establishment, the amount of payment and the procedure for terminating transfers of funds.
This provision is established for disabled family members of a military man who died:
- children (up to 18 years old, and if he is a full-time student, then up to 23 years old);
- disabled parents, or aged 55/60 years (for women/men, respectively);
- the wife of the deceased, if she does not work, because cares for children under 14 years of age.
The conditions for pension payments to the dependents of a deceased serviceman who served in conscription are established by Art. 8 of the law “On state pension provision in the Russian Federation”.
Providing for family members of citizens affected by disasters
Accordingly, clause 3, part 1, art. 29 of the Law of the Russian Federation of May 15, 1991 No. 1244-1, disabled family members of persons who have suffered from radiation have the opportunity to receive benefits if they have lost their breadwinner:
- Children under the age of majority, as well as full-time students (up to a maximum of 25 years).
- Disabled parents, whether they were dependent on the deceased or not.
- A wife or husband, whether she (he) works or not, if she is caring for children under 14 years of age.
- Husband upon reaching 55 years old, wife 50 years old, or before acquiring disability.
- Grandparents of the deceased, if aged 55 and 60 years, or they are disabled (if there are no persons who are obliged to support them).
If the grandchildren, brothers, sisters of the deceased do not have parents who would support him, they are recognized as disabled.
To family members of the deceased astronaut
The families of deceased cosmonauts who had the title “Pilot-Cosmonaut of the Russian Federation” or “Pilot-Cosmonaut of the USSR”, as well as members of the families of cosmonauts who died while performing their service duties, are entitled to a survivor’s pension. In accordance with paragraph 5 of Art. 7.1. Law No. 166-FZ is:
- Parents aged 55 years (mother) and 60 years (father), or if they were dependent on the deceased, because are disabled.
- The child is under 18 years of age, and if he is a full-time student - until the end of his studies, but not longer than 23 years of age (over this age, if there was a disability before the age of 18).
- The spouse of the deceased breadwinner of any ability and age.
Who will receive what pension in 2020? Full help
- in the first half of 2020, only those Russians who will receive the right to a pension before the end of 2020 will be able to retire (women and men, respectively, upon reaching 55 and 60 years of age);
- those citizens who will turn 55 and 60 years old only in the first half of 2020 will be able to retire in the second half of the year at the ages of 55.5 and 60.5 years;
- According to the new law, men and women who will turn 55 and 60 years old in the second half of 2020 will retire only in 2020.
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According to the adopted law, the retirement age in Russia will be increased annually by 1 year until the final values are reached - 60 years for women and 65 years for men (plus 5 years). For the first time, two years (2020 and 2020) will provide for preferential retirement - 6 months earlier than due.
- northerners, i.e. citizens working in the Far North and in areas equivalent to the KS, who have the right to retire early;
- doctors, teachers, workers in creative professions, who can receive payments if they have a certain length of professional experience (the concept of “retirement age” as such is absent for this category of workers - a pension is assigned to them after developing a certain “special length of service” in their profession).
Size
The full amount payable to dependents includes both insurance coverage and a fixed additional payment to the indicator:
- insurance coverage is calculated only on the basis of an individual indicator - a score. The cost of one individual point in the year presented is set at around 78.28 rubles;
- a fixed surcharge is established in accordance with current legislation in each region.
At the moment, the fixed payment is 2402.56 rubles. This is a fixed payment that does not depend on any indicators. There is also indexation on an annual basis.
Procedure and conditions of appointment
To receive a social survivor pension, a person must meet certain criteria. Currently, the conditions for assigning payments are as follows:
- Death of a person who was supporting a dependent. The fact must be confirmed by official paper from the registry office.
- The disappearance of the owner of the unknown. To confirm this, it is necessary to have a corresponding ruling from the judicial authorities.
- Availability of permanent residence in the Russian Federation. This fact is confirmed by a certificate from the house management or PVS at the place of temporary or permanent registration.
The procedure for applying for payment is as follows:
- Prepare all required documentation.
- Contact the territorial bodies of the Pension Fund. This can be done in several ways: by personally visiting the institution, through the MFC, by sending documents by mail or via the Internet, through the “State Services” portal, or the official website of the state PF.
- Make an application in accordance with established standards.
- When submitting an application, attach the collected package of supporting documents.
Procedure for payment of pension benefits
Transfer of the pension amount under the SPC is carried out monthly. The applicant himself chooses the organization and method of delivery at the time of submitting the application. A citizen can receive pension benefits either personally or through a proxy, for which a notarized power of attorney is drawn up.
There are several delivery methods:
- through post office institutions (at home or at the post office cash desk);
- through a bank (to a bank card account or directly at a bank branch);
- through the appropriate organization (at home or in person at the organization).
If necessary, a citizen has the right to change the method of delivery of the pension. To do this, he needs to notify the Pension Fund department where his payment file is located, which means writing an application to change the payment method.
It is worth noting that on the basis of Art. 5 Federal Law-400 dated December 28, 2013, a citizen does not have the right to receive this type of insurance pension along with other insurance payments.
Pay
The survivor's insurance pension is paid monthly. The pensioner has the right to choose, at his own discretion, the organization that will deliver the pension, as well as the method of receiving it (at home, at the cash desk of the delivery organization or to his own bank account). In addition, a trusted person can receive a pension for a pensioner. Payment of a pension by power of attorney, the validity of which exceeds one year, is made during the entire validity period of the power of attorney, provided that the pensioner annually confirms the fact of registration at the place of receipt of the pension.
Pension delivery methods:
- through Russian Post - you can receive your pension at home or yourself at the post office at your place of residence. In this case, each pensioner is given a date for receiving a pension in accordance with the delivery schedule, and the pension can be paid later than the established date within the delivery period. It is better to find out the end date of the payment period in advance, since each post office has its own. If the pension is not received within six months, then its payment is suspended and you will need to write an application to your Pension Fund to resume payment;
- through a bank - you can receive your pension at the cash desk of a bank branch or apply for a bank card and withdraw funds through an ATM. You can find out the pension transfer date in advance. The pension for the current month is delivered to the account on the day the funds are received from the territorial body of the Pension Fund of Russia. You can withdraw your money from your bank account any day after it is deposited. Crediting to a pensioner's account at a credit institution is carried out without charging a commission;
- through an organization that delivers pensions - you can receive a pension at home or independently in this organization. A complete list of such organizations in your region (including those delivering pensions to your home) is at the disposal of the territorial body of the Russian Pension Fund. The procedure for paying a pension through another organization engaged in the delivery of pensions is the same as through a post office.
To choose a delivery method or change it, you must notify in writing the territorial body of the Russian Pension Fund that assigned you the pension.
Application form for choosing a pension delivery method
Appointment process (procedure, deadlines, documents)
To carry out the procedure, you need to collect the necessary documents and apply with them to the Pension Fund branch at your place of residence or to the MFC, where you write an application for appointment.
Documentation
The procedure will require the following:
- passports;
- registration certificates, residence permits;
- birth or adoption certificates;
- SNILS;
- certificate of death of the owner;
- confirmation of the insurance experience of the deceased (work book, certificate of experience). It should be said that some data about this may be in the electronic PF accounting database, so it is not always necessary to provide the specified;
- other confirmation of additional circumstances (dependency period, absence of able-bodied parents and sources of income).
Deadlines
The main deadlines for the topic under consideration are shown in the table:
Parameter | Meaning |
Review of PF documents | 10 days, a deferment of 3 months is given if necessary to submit the missing document. Moreover, if it is found and submitted, then the day of application is considered the initial filing of the application |
When can I contact you? | At any time after the right to social security arises without restrictions |
What time is it scheduled for? | For the period of incapacity for work of the dependent, until reaching the age of majority (if the benefit is assigned specifically taking this into account) or indefinitely |
The moment from which it is appointed | If the application is submitted no later than 12 months. from the date of death – from the date of the insured event. If more than specified above - for 12 months. before treatment. |
Accrual procedure
If a person applies for two types of pension at the same time, then he is assigned the one that is higher or at the request of the recipient. There are categories that can receive two allowances at the same time, for example, the family of a military serviceman, but this is already state allowance.
Dimensions and calculation
In 2020, the fixed additional payment is RUB 2,402. 56 kopecks It is paid to orphans in double the amount, and for residents of the Far North and equivalent areas - depending on the coefficient for each specific area.
There are different formulas for calculation depending on the number of dependents.
The first formula: IPK x SPK, where the first value is the pension coefficient, the second is its monetary value (for 2020, 1 point equals 78.28 rubles).
Calculation if there are several dependents: IPK (deceased) / KN x SPK, where KN is the number of persons supported.
Peculiarities
For orphans, the calculation procedure is different - the IPC of the two parents is summed up. The same applies to the situation if the child was raised by a single mother.
In the latter case, the value of this coefficient is equal to the number of full months that have passed since the date on which the right to an old-age pension arose, but not earlier than 01.01. 2015 until the date of death of the insured.
Calculation of insurance pension
The provisions regarding the procedure for calculating the type of security under study are enshrined in the relevant paragraphs of Article 15 of the current Federal Law “On Insurance Pensions”. The legislator defines two main options for determining the amount of such payments:
- first option: at the time of death, the citizen did not have an insurance pension calculated based on disability or age;
- second option: at the time of death, the citizen received one of the pension payments mentioned in the previous paragraph.
Let's consider the calculation formulas for each situation.
In the first option, the amount of the insurance pension will be determined as follows:
SPspk = IPK x SPK
Let's describe the coefficients:
- the SPspk coefficient here is the amount of the pension, i.e. the value we are looking for;
- the IPC coefficient is considered as a pension coefficient. It is impossible to give the exact value of this, since its calculation is carried out on an individual basis;
- the SPK value characterizes the price of the pension coefficient.
The calculation uses the value that is relevant for the day the pension payment under study begins to accrue.
In the second option, the calculation formula will take the following form:
SPspk = IPKu / KN x SPK
The coefficients here are:
- SPspk - the desired value of the insurance pension;
- IPKu - describes the value of the deceased’s pension coefficient. The coefficient used to determine the amount of pension contributions for disability/age on the day of death is used;
- KN - characterizes the number of disabled dependents or simply disabled citizens who were not dependent on the deceased citizen, but have the right to receive the payment under study;
- SPK - describes the price of the pension coefficient. The calculation is carried out using the value relevant for the start date of accrual of the insurance pension. The determination standards are similar to those used when establishing insurance pension contributions by age.
The maximum pension value is determined individually, taking into account the characteristics of a particular situation.
The minimum must exceed the cost of living of a person of retirement age for the current year. If, based on the calculation results, the amount of the insurance pension does not exceed the specified value, the person is additionally assigned a social supplement in a fixed form.
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What amendments were adopted in 2020
In January 2020, insurance pensions were indexed by 7.05%. From April 1, 2020, social pensions were also indexed by 2%.
Indexation of military pensions is expected on October 1, 2020, the increasing coefficient will be 6.3%. The amount of monetary allowance will also increase from 72.23% to 76.78%.
Since 2020, the age limit for Russians entering their well-deserved retirement has been officially increased. Women are entitled to a pension from the age of 60, men from the age of 65. To receive social security benefits, you will have to wait until you are 65 and 70 years old, respectively. However, the transition will occur gradually and will last until 2028 for men and 2034 for women.
How pensions are calculated according to the new rules in 2020
At the end of September 2020, the State Duma adopted changes to pension legislation, according to which the retirement age for men was 65 years and for women - 60 years (previously the retirement age for men was 60 years, for women - 55 years).
The mere fact of working does not mean that the employee’s insurance coverage is increasing. The Pension Fund of the Russian Federation reminds that only official employment in an organization where management pays insurance premiums will make it possible to receive a full insurance pension in the future. Those receiving “black” or “gray” salaries should think about the size of their future pension.
Survivor's pension in Moscow
For Moscow in 2020, the cost of living was 12,115 rubles. This means that the social pension for Muscovites-pensioners who have lived in Moscow for less than 10 years will be increased to this amount. For pensioners who do not work and have lived in Moscow for more than 10 years, the minimum social pension is established in accordance with the City Social Standard of Minimum Income (MSS). For 2020, the amount was 17,500 rubles and remained unchanged in 2020.
It is worth considering that in addition to the State Social Insurance Fund, disabled dependents are entitled to additional monthly subsidies.
Categories of citizens | Monthly benefit amount |
To the parents of the fallen heroes of the USSR and the Russian Federation | 15,000 rubles |
A child whose parents are military personnel and died in peacetime | 13,000 rubles |
To parents of military personnel who died as a result of military trauma | 3000 rubles |
Children whose parents died as a result of terrorist attacks, man-made and other types of disasters received the right to accrue monthly subsidies to the PPC. Resolution of the Moscow government dated April 8, 2008 No. 269 established a payment of 13,000 rubles.
Who is entitled to payments: grounds and legal aspects
The regulatory framework defining the main provisions and procedure for assigning benefits for the loss of a breadwinner is Federal Law No. 400 of December 28, 2013 (as amended on December 27, 2018), Federal Law No. 166 of December 15, 2001 (as amended on December 27, 2018).
Clause 3-8 of Article 10. Conditions for assigning an insurance pension in case of loss of a breadwinner (Federal Law No. 400)
Family members who were dependent on the deceased have the right to payments. The last time amendments to the legislation were made on March 6, 2020 (Federal Law No. 400) in order to clarify the list of persons to whom the insurance pension is calculated. The list includes:
- A minor son, daughter, brother, sister of the deceased or a full-time student at an educational institution until the end of his last year or until he turns 23 years old. At the same time, studying is possible both in domestic institutions and in foreign ones. After 23 years of age, those who were registered as disabled before the age of 18 and do not have able-bodied caregivers receive benefits.
- Husband, wife, one of the parents, grandmother, grandfather, as well as brother, sister, son, daughter over 18 years of age - if they are unemployed and take care of the children, grandchildren, brothers, sisters of the deceased under 14 years of age. If a spouse enters into a new marriage, payments are maintained, provided that he is incapacitated and unemployed.
- The husband, wife or parents of the deceased are 65 and 60 years old (for males and females, respectively) or have a disability.
- Grandfather and grandmother - aged 65 and 60 years, if they are disabled and have no legal guardians.
The grounds for approving a state pension are similar, but have additions. The benefit is paid:
- relatives under 18 years of age;
- parents of retirement age if they were dependent on the deceased;
- relatives of the deceased caring for family members under 14 years of age;
- spouses. Cosmonauts have special privileges - payments are accrued even if they are able to work and before retirement age. But military widows do not have benefits - when entering into a new marriage, the benefits are canceled.
- parents before the age of 65 and 60 (during the compulsory military service of the deceased).
Social pension is established only for the children of the deceased
Features of assigning payments for the loss of a breadwinner:
- Dependency of children until they reach adulthood does not require proof.
- Adopted children are entitled to the same rights as their own children.
- A disabled mother, father, husband or wife has the right to apply for a pension at any time from the date of death of the breadwinner.
- A stepfather and stepmother have the same rights as biological parents if they supported the breadwinner for at least 5 years.
- Disabled relatives who are due a different type of pension can switch to survivor payments if they are more profitable for them. Then the previous benefit is canceled. The exception is persons who have the right to issue 2 types of payment - mother, father, widow of a military man, relatives of victims of man-made accidents, family members of astronauts.
Concept, law, conditions of appointment
In 2020, the government of our country adopted a number of laws that almost completely changed the way citizens think about pensions.
In order not to significantly worsen the situation of those who have already retired earlier, their rights are enshrined in legislation, including in terms of insurance payments for the loss of a breadwinner for disabled citizens. An insurance pension for the loss of a breadwinner is a monetary compensation payment that is made every month (once every thirty days) in favor of a person who has lost his sole breadwinner, while being disabled, regardless of the reasons. Such security may be assigned indefinitely, that is, until death, but it may also have clearer payment terms, for example, until adulthood or employment.
Who is eligible
Every student writing a coursework on the topic of insurance pensions knows exactly when such payments are due and who has every right to receive this type of security. According to Article 10 of Federal Law No. 400, the list of persons who can apply for and receive a livelihood in the form of state benefits is quite wide.
- Close relatives of the deceased person who are disabled and unable to provide for themselves. For example, this category includes children, grandchildren, brothers and sisters who have not yet reached the age of majority (18 years). Under the condition of full-time full-time study at any educational institution, the survivor's pension for the student can be extended up to 23 years.
- Elderly parents or grandparents of the deceased person, who at the time of his death were fully providing for him.
- Spouses of the deceased, but only if at the time of his death they have already reached retirement age (60 years for men and 50 for women). If they are also disabled, then the age of the applicant will not play any role, but this fact must be proven by the ITU commission. There is already an article on our website on how to apply for a survivor’s pension for a widow.
- Close relatives, for example, uncles and aunts, who are involved in raising and providing for children or other citizens who have lost a breadwinner before the age of fourteen, but are themselves already adults.
Any lawyer with a diploma will say that an insurance pension in the event of the loss of a breadwinner can be assigned only if the person is definitely incapacitated, for example, a minor, a student under 23 years of age, a disabled person or an elderly person. In some cases, when special conditions arise, for example, employment or marriage for a widow, payments may be stopped completely or temporarily.
Conditions of appointment
According to the same tenth article of law 400-FZ, there are a number of conditions, features and nuances that must be met in order to receive payments.
- The deceased person must have a length of service starting from one day, which we have already noted. If the breadwinner has never worked, then only social benefits can be assigned to his relatives.
- A survivor's pension for a spouse may be granted temporarily until he/she gets a job or re-joins the bark. According to statistics, such benefits are more often used by women whose husbands fully provided for them.
- When assigning benefits, the children of a deceased person are considered his dependents by default, so there is no need to provide evidence of this fact.
- Persons receiving any other security (pension, benefit) can refuse them and switch to an insurance pension for the loss of their sole breadwinner, if this turns out to be more profitable.
- If the breadwinner dies due to the fault or due to unlawful actions of a dependent, such benefits cannot be assigned and paid to him. Social security and survivors' pensions may differ significantly in final amounts
In exceptional cases, a missing person can also be considered dead, but only under special conditions. Firstly, a special application to search for a specific person must be drawn up and submitted to law enforcement agencies, secondly, at least three years must have passed since the disappearance, and thirdly, the decision to recognize him as dead must be made by the court.
After reading the article, everything falls into place and it is already clear what this type of pension is, to whom it can be assigned, how it is calculated and in what order it is withdrawn. However, if anyone has any additional questions, you can watch the video below. More detailed information should be sought from specialists in the Pension Fund of the Russian Federation or in social protection services; they will definitely provide comprehensive first-hand data and no problems will arise during registration.
A survivor's pension is a cash payment made by the state in favor of the relatives and dependents of a deceased individual who was the family breadwinner.
According to Article 10 of Federal Law No. 400 “On Insurance Pensions”, the grounds for calculating payments in the event of the loss of a breadwinner include:
- Appointment exclusively to family members - spouse, children, adopted child, brothers, sisters, parents of the deceased.
- Parents who were not supported before the loss of their son or daughter, but who after some time became needy, have the right to apply for pension payments in this case.
- The stepfather and stepmother have the right to count on support if they have been raising them for at least 5 years.
- The accrual of pensions is not determined by the duration of work, the cause and time of death of the breadwinner.
- In the absence of work experience, state support is assigned to narrow categories of citizens rather than labor; everyone else is paid a social pension.
Minimum survivor's pension
If the death occurred as a result of the performance of the duties of a military serviceman or as a result of a man-made disaster, people dependent on him are entitled to pension benefits. In this case, it will be 10,440.53 rubles.
Pension provision can be established not only as a result of death from these causes, but also when a disease that arose under such circumstances led to death. However, in such a situation, payments will be equal to 7830.78 rubles.
In the absence of insurance experience, a pensioner can only count on social pension payments provided for by law.
Suspension and continuation of survivors' pension payments
In some cases, the Pension Fund stops paying money unilaterally. This can only happen if there are objective reasons for this.
Some possible grounds for suspension:
- if the amounts were accrued, but they were not received in hand for six months in a row or longer;
- in the absence of a corresponding agreement between states, the flow of money stops for a while;
- a situation where a child has reached the age of 18, but has not yet enrolled in an educational institution.
There are also other grounds for suspension.
Disability pension in 2020
The legislation establishes the age for registration of pension accruals, which takes into account the harmful length of service for a pension. Compliance with regulations establishing preferential professions is taken into account. The data is shown in the table:
- Reach the retirement age established for a specific category of professions.
- Work for the required number of years in hazardous production - i.e. have the required quantity:
- special work experience in harmful (difficult) working conditions;
- general insurance experience.
- Have the required number of generated pension coefficients (IPC).