The procedure for applying for a survivor's pension - the necessary documents. The amount of the allowance and the procedure for its calculation. Legislative concept of "dependents"

04.07.2019

It is assigned to disabled members of the family of the deceased who were dependent on him:
- spouse or parents who are disabled or;
- minor children, grandchildren, brothers and sisters under the age of 18, including those born within 9 months after the death of the breadwinner;
- minor children, grandchildren, brothers and sisters studying full-time in any special educational institutions, until the end of their education or until they reach the age of 23;
- relatives of any age caring for the children of the deceased breadwinner before they turn 14 years old.

Grandchildren, brothers and sisters of the deceased will receive a pension if their parents' disability is proven in court. Children born in a civil marriage can also receive a survivor's pension if they were officially adopted by him or paternity was recognized by a court decision. Care pension is assigned to only one of the relatives, regardless of the number of minor dependents.

The amount of the survivor's pension

Minor children will receive a pension until a certain age, but dependents - disabled people and parents - for the rest of their lives. In general, the size of the pension is set at 50% of the breadwinner's income for each disabled family member, but its minimum size is limited to 2/3 of the minimum old-age pension. The maximum also has its limit - this is the minimum old-age pension. In the event that the number of disabled family members exceeds 2 people, the pension will be paid one at a rate of 100%. The pension case is opened for the remaining parent or guardian.

There are exceptions to this rule. If occurred in the event of a military injury, each disabled member of his family will receive a pension in the amount of the minimum old-age pension. If the children have lost both parents or are the children of a single mother, the amount of the pension for each is set at a coefficient of 1.5 in relation to the minimum old-age pension.

In 2014, the indexation of pensions on February 1 and April 1 was provided, but the government promises that if inflation exceeds the possible norm, indexation will be carried out for the third time.

Please note that documents for the calculation of a survivor's pension should be submitted within 12 months from the date of his death. In this case, it will be accrued from that day, but if the application is submitted later, the family members of the deceased will receive it from the day the application was submitted.

Material support for disabled or economically vulnerable citizens is the responsibility of each state. Today, about 43 million people in the Russian Federation are pensioners. Most draw up documents for payments by age, but there are those who are interested in a survivor's pension. Find out what the essence of such benefits is, what package of documents you need to collect for their execution and where to apply.

What is survivor's pension

In fact, this state compensation is the receipt by family members of the labor pension of a deceased person. It cannot be bequeathed or inherited, but if after the death of a person there are people who depended on him financially or were dependent on the deceased, the state assumes necessarily material support and pays a pension. In addition, the recognition of a person as missing is also the basis for receiving funds. The survivor's pension can be of several types.

Insurance

The main purpose of such compensations is the reimbursement by the state of material assets to all disabled members of the family of the deceased, who were fully supported by the insured person. Priority for the payment of insurance benefits is given to the children of the breadwinner, then next of kin. The assignment of an insurance pension occurs only when its recipients are considered disabled. In rare cases, the amount is calculated indefinitely.

State

It belongs to the number of mandatory state pensions and is regulated by the regulatory legal act No. 166-Ф3 and 400-ФЗ. When compared with other types of payments, a survivor's pension is assigned not to a specific insured person, but to members of his family who were dependent before his death. Citizens may be on state support if their deceased relative belonged to one of the following categories:

was in military service;
was an astronaut, tester or researcher by profession;
took part in the prevention of radiation or man-made disasters.

Social

Benefits of this nature, as a rule, are assigned to children of minor age. Important: in order to apply for a social benefit, it is necessary that the deceased relative has no work experience at all. In other cases, a work allowance is assigned. Features of social payments are as follows:

The survivor's pension is fixed and indexed to inflation every year.
A prerequisite for its calculation is the disability of a citizen, the presence of Russian citizenship or a residence permit.
If the amount of money is below the level of the minimum living allowance, then the state makes a social supplement.
When entering a paid job, material assistance from the state does not stop.

Military

Separately, the state allocates people in uniform who, on duty, risk their own lives. If an officer or soldier dies in the line of duty, then the dependents are awarded a survivor's pension in the amount of 200% of the social allowance paid for each family member. As a rule, this amount is within 9920 rubles. When there were other causes of death of military pensioners, then the percentage of funds will be 150 or 7440 rubles.

Although, under Russian law, it is impossible to receive two pensions at the same time, amendments have been made for certain categories of citizens. For example, the exception is the widows of a deceased serviceman who died during military service. A wife is entitled to receive her husband's allowance along with other benefits. However, this amendment is valid until she remarries.

Legal regulation

According to the constitution of the Russian Federation, every citizen is guaranteed social security in case of illness, age or disability, for the upbringing of children, and also in the event of the loss of a benefactor. The accrual of pensions is regulated by the following regulations:

The provisions of Articles 39, 72 of the Constitution of the Russian Federation.
Decree of the Ministry of Labor of the Russian Federation No. 9 dated January 27. 1993 "On the approval of the clarification" On the procedure for determining the amount of actual damage for the establishment of pensions for servicemen, disabled Chernobyl disaster and their families in the event of the loss of a breadwinner.
Legislative act No. 18-FZ of March 21, 2005 “On federal budget funds allocated to the Pension Fund of the Russian Federation for reimbursement of expenses for the payment of insurance or labor pensions for old age, disability, in the event of the loss of a breadwinner to certain categories of citizens”.
Regulatory document dated December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation".
The first paragraph of Article No. 11 of Law No. 173-FZ of December 17, 2001.
Decree of March 18, 2010 No. 167 “On approval of the coefficient of additional increase from April 1, 2010 in the size of the insurance part of the labor pension for disability or in case of loss of a breadwinner”.
Guarantees for family members of servicemen are established by the federal law "On the Status of Servicemen".

Changes in legislative acts in 2019

Today, legal acts have undergone minor changes. Thus, in accordance with the law, a survivor's pension is accrued and paid even when the deceased had not relatives, but adopted children. A stepmother or stepfather has the same rights to receive financial compensation as parents, but only if they raised a stepson and can provide documentary evidence. At the same time, the documents contain indications that the term of guardianship lasted at least 5 years.

Who is eligible for survivor benefits?

When applying for a pension, one of the important points is an understanding of which categories of citizens fall under the current legislation. The list of beneficiaries is as follows:

assigned to disabled children under the age of 18;
disabled children under the age of 23 or students who cannot support themselves;
the family of the deceased - the spouse, parents or forefathers of the deceased citizen;
adult siblings caring for the children of the deceased, provided that the child is not more than 14 years old;
adoptive parents and adopted children are equated with natural children;
disabled grandfather or grandmother of the deceased, upon reaching retirement age or having a disability, provided that the supplement will be the only source of income;
stepfather or stepmother - equated with natural parents.

Terms of appointment

For stepsons or stepdaughters, the opportunity to receive monetary compensation exists if their maintenance by the deceased breadwinners is documented. If a stepfather or stepmother claims compensation, they must submit documents to the pension fund that confirm the maintenance of the child for at least 15 years. Other conditions for calculating compensation include:

The presence of at least one day of work experience for the deceased.
Evidence that the death was not due to an intentional act of a criminal nature in relation to the deceased.

Conditions for termination of payments

Payments stop under the following circumstances:

if a child, sister, brother or grandson has reached the age of majority;
the recipient did not renew the status of disability received by him before reaching the age of majority;
will not pay benefits to able-bodied relatives;
the child being cared for by the adoptive parents or recipients is at least 14 years old;
the widow of a military conscript got married;
recipients of material compensations got official jobs, with the exception of relatives of military conscripts.

Until what age is the pension paid?

Payments are made:

if the brother, sister, child or grandson of the deceased is under 18 years of age;
full-time students up to 23 years old, with a certificate from an educational institution;
for life, provided that the recipient has a disability since childhood;
until the children of the deceased are 14 years old, in the case when the documents are drawn up by guardians;
spouse of the deceased of retirement age, parents, grandparents for life.

How much do survivors get paid

According to the regulatory legal act of the Russian Federation No. 166-FZ, social payments are established in a fixed amount of money, which is associated with the category of the recipient. In addition, such sums of money are subject to mandatory annual indexation according to inflation over the past period. The amount of benefits is consistent with the subsistence minimum for a particular category of citizens and the region of residence. If the purpose of the survivor's pension is lower, then the state makes an additional payment. The minimum sizes after changes for different categories of citizens are indicated in the table:

Name of the pension	Basic amount of payments before increase, in rubles	Benefits after the increase, in rubles	Special conditions
Insurance			If the deceased was the only breadwinner or the children were brought up earlier by one mother, double the amount is charged.
Social			For children who have lost a single mother, it will be 11,068.53 rubles.
State	9919,70 – 200% 7439,78 – 150%
Employees of the Ministry of Internal Affairs	9919,70 – 200% 7439,78 – 150%

The size of the insurance pension and the fixed amount

On the basis of article 15 of the Russian legal act No. 400-FZ of December 28, 2013, the amount of the insurance pension in case of loss of a breadwinner is calculated according to the formula: SP = IPC * SPC, where:

SP - a fixed amount of insurance monthly payments;
IPC - independent pension coefficient;
SPC - the tariff for an individual number on the day from which the allowance is assigned.

If a disability or old-age pension was established for the deceased on the day of death, then the amount of labor compensation will be calculated differently: SP \u003d IPK / KN * SPC, where KN is the number of incapacitated dependents. When calculating insurance compensation, it is worth considering the fact that the amount of pension payments to a deceased single mother will double. The fixed insurance payment as of April 1, 2019 is 2402.56 rubles for adults and 4805.11 for orphans.

Features of the calculation of pensions for children of military personnel and employees of the Ministry of Internal Affairs

Money is accrued to a disabled child if the parent died during military service in the army as a soldier, sergeant, foreman or sailor, or death occurred no later than three months from the date of expulsion from the army or when death occurred after this period, but due to shell shock, injury or injury received in the service. When submitting a declaration to the pension fund, in addition to the mandatory papers, the applicant provides additional documents for processing a survivor's pension:

Extract from the order to exclude a person from the list of military personnel.
A document on the establishment of disability indicating the reasons and date. It must necessarily state that the injuries were received during military service.

Social benefit for the loss of a breadwinner per child

All other children of deceased parents under the age of 18 or 23 are entitled to a survivor's pension, regardless of whether the parents were married at that time or paid alimony. In addition, one-time payments under the accumulative system remain. Children who have passed the emancipation procedure, according to the results of which they are recognized as capable, can lose the right to receive benefits. As a rule, these are citizens:

legally married before the age of majority;
citizens who have got a paid job;
people who are self-employed.

How to apply for a survivor's pension

In order to apply for benefits from the state, the applicant must, on his own initiative, contact the nearest pension fund and provide employees with a list of necessary documents, send papers by mail or complete an application via the Internet. For minor children left without parents, an application can be issued by adoptive parents, guardians or guardianship and guardianship authorities.

Where to go

To apply for benefits, you must write a request for the assignment of benefits to you or a disabled relative, and then choose one of several options:

applying personally to the pension fund;
send documents by registered mail;
come with an application to the multifunctional center;
send the completed form through the personal account of the PFR website, having previously gone through the registration procedure.

Documents for registration

Along with the application, you must provide:

passport and its photocopies;
death certificate;
certificate of pension insurance - SNILS;
papers with the insurance experience of a deceased relative;
family documents;
papers confirming the fact of dependence;
if necessary, a certificate of full-time education or disability;
certificate of the average monthly earnings of the deceased.

Indexation of pension payments for the loss of a breadwinner in 2019

Recalculation of any pension payments occurs on February 1 of each year. Indexation coefficients depend on the level of inflation compared to the previous year. So, according to the calculations of Rosstat, in 2016 inflation was 5.4%, which means that the income of pensioners will increase by this figure. In addition, two indexations were carried out in 2019: one on February 1, the other on April 1. The latter was adjusted in accordance with the Russian budget law and amounted to 0.38%. The increase is small, but still nice.

Video

As part of the implementation of the strategy for the early development of the pension system, the Ministry of Labor and Social Protection has developed completely new principles for calculating pensions. The new legal regulation of the pension system lacks the concept "work pension". It has been replaced by two payments that are independent of each other: insurance and funded.

Based on Federal Law No. 400-FZ "About insurance pensions" allocate three types of insurance payments:

on the occasion of the death of the breadwinner;

For the purpose of all the above payments, certain conditions must be met.

Thus, all disabled members of his family who were on his support have the right to an insurance pension in the event of the loss of a breadwinner. Relatives are considered dependents if they were fully supported by the deceased and his help was their main source of income. Such a pension is paid for as long as the person is recognized as disabled, in some cases indefinitely.

A missing person is equated to a deceased breadwinner if his absence is documented.

Insurance payments old age are appointed when men reach the age of 60, and women - 55. In addition to age, you must have at least 15 years of work experience (by 2024) and the value of the individual pension coefficient is more than 30 (by 2025). If these conditions are met, this pension provision is assigned until the end of life.

The right to receive insurance funds disability have citizens recognized by federal institutions of medical and social expertise as disabled people of groups I, II and III. To establish this type of pension, the presence of work experience does not matter, and the reason for the onset of this disability also does not play a role. In the event of a complete absence of insurance experience, a social payment is assigned. Disability pension insurance is assigned until the day when the right to an old-age pension is established.

Who is entitled to a survivor's pension?

Such a recalculation is carried out according to the formula:

SP 2 = SP 1 + (IPK i /K / KN xSPK),

SP 2- result of recalculation;
SP 1- variable payout amount;
IPKi- individual coefficient of the deceased, taking into account additional insurance premiums;
TO- the ratio of the number of months of insurance experience of the deceased breadwinner on the day from which the pension is assigned to 180 months;
SPK- the cost of one pension coefficient;
KN- the number of dependents.

With regard to children, such a recalculation has a number of features: for children who have lost both parents, the IPC of the dead is summed up, for children who had one parent, it is doubled.

Minimum pension in 2017

As established by law, a citizen's pension cannot be lower than the established subsistence minimum (PM). If for some reason the insurance payment turns out to be less than it, then along with it, an additional social supplement. It can be assigned up to the level of the regional PM, if it is higher in the region of residence than at the federal level. It is assigned together with the pension and is valid throughout the entire pension provision. law "On the federal budget for 2017" set the amount of PM for the appointment of social supplements at the level 8540 rubles.

If the deceased breadwinner did not have a day of work experience, then the dependents are assigned social pension. The minimum amount of such payment is - 4959.85 rubles, for round orphans - 9919.70 rubles.

The procedure for paying pensions for the loss of a breadwinner

Pension payments in connection with the death of the breadwinner are made every month after appointment. A pensioner can receive money both personally and through a trustee (for this you need to issue a power of attorney), or to a bank account.

For a child, one of the parents or a guardian can receive money.
However, upon reaching the age of 14, a minor has the right to receive funds independently.

If the child is an orphan and is in a special institution, then the payments are transferred to his personal account.

The recipient of the insurance pension chooses the method of delivery of the funds assigned to him. Pension delivery methods:

Post of Russia;
bank;
delivery organization.

All of the above institutions provide a choice of several ways to receive money (personally at the branch, at home, bank card, etc.).

A pensioner can change the organization and method of delivery of cash payments at any time, for this it is necessary to apply with an application to the FIU.

Termination and suspension of payments

Based on Article 24 of the Federal Law "About insurance pensions" payments can be suspended, if:

The recipient of the pension provision does not receive the funds due to him within 6 months.
The child has reached the age of majority and there are no documents confirming his education in state institutions on a full-time basis.

In these cases, the receipt of a pension can be resumed upon elimination of the above situations (submission of a certificate of full-time study, etc.), for this you need to write an application to the FIU and provide the necessary documents.

Based on article 25 of the law "About insurance pensions" payments can be terminated when:

The death of a pensioner, as well as his recognition as missing.
Expiration of 6 months from the date of suspension of payments.
Loss of the right to a pension by a pensioner (achievement of 18 years, resumption of labor activity).
Refusal to receive payments.

It should be borne in mind that if the circumstances related to the termination of pension payments change, the transfer of funds may be restored.