Aspects of pension inheritance are of interest to many Russian citizens. Today you can inherit not only jewelry, movable and immovable property, but also a pension. Unfortunately, few people know how to inherit a pension. We invite you to familiarize yourself with the inheritance procedure pension savings and a payment scheme for inherited savings.

What kind of pension can be passed on by inheritance?

Pension in the Russian Federation - cash payments due to those who have reached retirement age persons. With the exception of insurance and state pensions, there is also a funded part of the pension. It refers to pension savings arising from persons born in 1967 and younger. Its formation is carried out through contributions. According to the legislation of the Russian Federation, this part of the pension is inherited and transferred to the relatives of the deceased.

Unlike funded pensions, state or insurance pensions terminate after the death of a citizen and are not transferred to his legal successors.

The nature of the procedure for registering a pension as an inheritance is exclusively declarative. The pension recipient can contact the state or non-state pension fund and indicate which of the heirs will receive pension savings.

An application for the transfer of pension savings has the force of a testamentary disposition and is equivalent to an official will. Thanks to this, pension savings can be received not only by relatives, but also by third parties specified in the will. The final decision is made by the copyright holder, who is the owner of pension savings.

Inheriting a pension

Inheritance of pension payments is possible in several ways. The first involves the testator’s independent choice of the person to whom the savings will be transferred in the event of his death. The second implies situations in which such a decision was not made. In this case, payments are made in accordance with current civil legislation.

But at the same time, other standards specified in other documents are taken into account. For example, first-line heirs are spouses and children.

Who can inherit a pension

The legal successor in this type of inheritance can be relatives or strangers indicated in the application of the pension owner sent to the Pension Fund or Non-State Pension Fund.

If there is no such statement in the structural formation at the time of a person’s death, then the following are considered the first priority legal successors:

  1. Spouses, children and parents.
  2. Siblings, grandparents and grandchildren.

The moment of death plays an equally important role. You can only count on payments in the following cases:

  • When payments on account were not assigned funded pension.
  • When an urgent payment was assigned, representing a portion of the funded pension.
  • When payments were assigned but not paid.

In other situations accumulative part is not inherited.

How to inherit pension savings

To receive the funded part of an inheritance pension, you must draw up an application and submit it to Pension Fund Russia or NPF. The document must indicate the following:

  • Name of the organization to which the application is being submitted.
  • Address and passport details of the person submitting the application.
  • Title of the document.
  • Confirmation that the deceased person is a relative of the applicant.
  • Request for transfer of funds and indication of the method of transfer.
  • Date of application and signature.

Pension fund employees review the submitted application within five days. Based on the results of the inspection, one of three decisions is made: the document is returned to correct errors, payments are refused, or consent is given to them.

The redemption portion of the pension - the amount payable in the event of early repayment of an agreement concluded with a non-state pension fund or the organization being declared bankrupt - is not inherited.

Application deadlines

The time period during which an application is submitted is regulated by current legislation and is limited to six months. If for one reason or another the deadlines were missed, then they can only be restored in court by filing an appropriate claim, or if there is a good reason.

Where to apply

The answer depends on the organization in which the funded part of the pension is located. The person submits an application to the relevant pension fund.

When applying you will need a small list of documents:

  1. Passport.
  2. Application for calculation of payments.
  3. Death certificate of the owner of the pension.
  4. Court decision in case of missing the deadline for filing an application.
  5. Documents confirming the relationship of the testator and the applicant.

In situations where his grandchildren want to receive the pension of a deceased person, his children must write a refusal of the pension, after which the grandchildren write and submit an application.

How pension savings are paid

It is worth understanding that the registration of an inheritance of pension savings and their subsequent payment are carried out only after submitting an appropriate application to the pension fund. Within six months from the date of death of the testator, the heirs must contact the territorial branch of the Pension Fund of Russia. After this period, relatives will be able to restore the right to apply for inheritance payments only through judicial proceedings.

The pension fund makes a decision on an additional payment no later than July 31 of the year following the year of death of the citizen, as specified in the legislative framework. Heirs should receive copies of all decisions on additional pension payments by mail. The deadline for accrual of funds is August 15 of the corresponding year.

A citizen can enter into contractual relations under two schemes offered by NPFs: fixed-term and lifelong.

Term pension scheme

A citizen who has resorted to this scheme, after retirement, receives appropriate payments for a certain time. The number of years over which payments are made depends on several factors:

  • Desire face. For example, a seven-year period may be set.
  • Rules established by a specific non-state pension fund: for example, no less than five years and no more than 15 years.

According to this scheme, pension funds will be inherited provided that the citizen to whom they were supposed to be paid did not live to see this moment. Another situation is possible in which a citizen retired and lived on it for less than the established period. Despite this, the NPF is obliged to give the heirs the full amount remaining in the testator’s account.

Lifetime pension scheme

The definition of a pension scheme assumes that a pension will be accrued to a citizen for the rest of his life immediately after retirement. The inheritance mechanism in this case is not particularly different from that used when inheriting a funded state pension.

Heirs can count on receiving funds only if the testator did not live to see his retirement and appointment pension provision. If the pension has already been assigned, then the inheritance cannot take place.

Payment procedure

Payments are made in several ways. Heirs can receive money at a pension fund branch or by mail or on a bank card.

After the death of a relative, all material goods that were in his possession, debt and financial obligations, as well as monetary savings belong to the inheritance. This also applies to funds saved in the account. future pension. Inheritance of the funded part of the deceased’s pension occurs equally from the accounts of state and non-state pension funds.

Is the funded part of the deceased’s pension an inheritance?

Inheriting the pension of a deceased relative is one of the rights of claimants to valuables. But not all candidates, but only some of the representatives, can receive such savings. Thus, the following categories of accumulative deductions will be inherited:

  • the amount of funds paid by the employer (the employer makes monthly contributions to the Pension Fund of the Russian Federation for all officially employed citizens to a future pension account);
  • personal money transfers of the account owner;
  • matkapital (one of the intended uses maternity capital– transfer of finances to a savings account for future pension transfer);
  • investments, that is, the income that the account owner receives for the turnover of savings.

An inheritance pension is transferred as a sum of money that was accumulated by a person, but he did not have time to use it. Inheritance is allowed only for those deductions that have never been used. That is, if the testator has not received a single payment from the Pension Fund due to his age or continued work after reaching retirement.

Succession of pension savings

During the formation of a savings account, its owner writes a handwritten application to begin savings. A bilateral agreement is also signed with the pension fund for further cooperation. And the text of such an agreement may stipulate which relative will become the recipient of savings after the death of the account owner.

The second option for receiving a pension as an inheritance is to distribute funds among legitimate claimants. So, if there is a will and the contents of the document contain an order for further inheritance of savings, then the specified applicant will receive the financial resources.

In the absence of a testamentary disposition, the money will be divided in equal shares between the applicants in turn. Official spouses, parents and children have priority rights to receive inheritance. Based on the right of representation, the grandchildren will have a claim to the property. If there are no candidates of the first level, relatives of the second level come to replace him. And so on sequentially until legitimate applicants for pensions are identified.

Attention! If there is no will and the deceased person has no relatives, then all material assets pass to the state.

Registration of inheritance for labor pension

Inheritance of the funded part of the pension occurs on the basis of articles of the Civil Code of the Russian Federation, Government Decree No. 471, as well as Federal Law"On pensions." According to the provisions of these regulations, the labor pension can be inherited. And the procedure for registering property rights to money will look like this:

  • collection of documents confirming the legality of claims to property;
  • contacting a pension fund (or a notary, if the money is received by inheritance and not under the terms of an agreement with the pension fund);
  • writing a handwritten petition for the accrual of finances;
  • consideration of the appeal by the competent authorities;
  • preparation of an official response to the application and, if the solution is satisfactory, the money is transferred to the heir’s personal account.

How to receive the pension savings of a deceased person

Whether the accumulative part of the deceased's pension is an inheritance under a will is up to the account owner to decide. This is due to the fact that the legislator reserves the right for the owner of material assets to independently dispose of all benefits at his personal discretion. When drawing up a will, a citizen can formalize the following conditions for inheriting savings:

  • transfer only part of the amount to a specific person, and the remaining amount of the pension will be divided between applicants based on legal priority;
  • savings will be transferred to several persons in equal or different shares;
  • Pension contributions are not included in the will for the purpose of their subsequent distribution among the applicants according to the law.

To receive funds, you will need to contact the pension fund in which the testator’s finances were kept. You will also have to leave a handwritten application for pension payment. It is also possible to issue a refusal of assistance.

Cumulative part of the pension after death: to whom is it paid?

Inheritance of the pension of a deceased relative (including a spouse) will occur only after the opening of the inheritance. To do this, you will need to contact the notary office operating in the area where the deceased person was registered. The applicant for the property checks with the notary whether there is a will with instructions regarding the further division of the property. If so, then all possible applicants for property rights are gathered and the text of the will is read out by the notary.

Important! In the absence of a letter of administration, the lawyer checks the presence of other relatives of the deceased person, and then establishes in what shares each of them can receive the property.

How to find out the amount

Clarification of the amount of funds allocated can occur in several ways, depending on where the savings account is opened. Thus, the following options are available to heirs and potential claimants to property:

  • obtaining remote access to the testator’s account on the website of the Pension Fund of Russia or a non-state Pension Fund (knowledge of the SNILS number is required);
  • personal contact with the bank, but not every financial institution is ready to provide such information (Sberbank, VTB, Gazprombank can help);
  • online on the State Services website, but only after authorization on behalf of the deceased person (you must go to the “public services” section, select “PFR”, and then “check the savings account balance”);
  • in the pension fund after confirming your relationship with the accumulator, as well as after confirming your legal claims to the property (which can be proven only after the end of the six-month period from the date of death of the testator).

How exactly is it paid?

There is a strict algorithm of actions on how to receive an underpaid pension for a deceased relative by inheritance. To do this you need to follow these steps:

  • open an inheritance at a notary’s office and declare your claims to the property;
  • submit a complete package of supporting documents;
  • wait until the end of the period of six months;
  • re-application to a notary to obtain a certificate of the possibility of entering into inheritance rights;
  • submitting an application to the Pension Fund or Non-State Pension Fund with a request to transfer money from the account in favor of the heir;
  • consideration of the appeal (the maximum period for making a decision is 30 calendar days);
  • receiving an official response with refusal or satisfaction of the request.

If the decision is made to comply with the application, then within a month the financial resources are transferred to the heir. You can receive them by postal order or to your personal bank account.

Documents for receiving the funded part of the deceased’s pension

The will of the funded part of the pension and its inheritance are regulated by the provisions of the Civil Code of the Russian Federation. The code also establishes the procedure for accepting property rights after the death of the testator. And the procedure cannot be completed without preparing a full package of required documents. These include:

  • identification document (only a passport or birth certificate can be used, depending on the age of the applicant for savings);
  • certificates confirming relationship with the testator (if the transfer of property rights occurs on the basis of legal priority);
  • a copy of the testamentary letter, within the framework of which the last will of the deceased citizen is implemented;
  • SNILS (you can only provide a number, but if the heir does not have such information, then this will not affect the right to receive property);
  • bank statement with the account number where the funds are to be transferred.

Attention! This is a mandatory list of papers, but depending on the circumstances, other certificates may be required. So, if the heir is a minor citizen, then the passport of the legal representative of the participant is additionally transferred. If you miss the established deadlines and then reinstate them, you will need to bring a copy of the relevant court decision.

Deadline for payment of the funded portion of the deceased’s pension

The legislation does not provide for a single term during which pension accruals must be transferred to the heir’s account. But, filing an application to register such savings for personal use is possible no later than six months after the death of the account owner.

As practice shows, money arrives at the specified account of the applicant for property after seven months from the date of death of the owner of the pension savings.

How to make an application

The funded part of the pension is inherited by relatives after the death of the pensioner only on the basis of a handwritten application by the applicant. That is, the candidate for payments must express his personal will to enter into an inheritance. This is his right, not his obligation. So, when drawing up an application, you will need to display the following blocks of information:

  • personal information of the applicant for payments;
  • testator's data;
  • grounds for transfer of property rights to the account balance;
  • conditions of inheritance;
  • inventory of submitted documents;
  • signature and date of preparation.

Sample application of the legal successor for the payment of pension savings can be downloaded

After reading the application, pension fund employees should obtain a complete understanding of the legality of the grounds for transferring property to the heir.

How to receive the insurance part of a pension after the death of a pensioner

Inherit insurance pension will not work. This is one of the types of funds that cannot be inherited. But there is one exception to this rule. Legal heirs can receive payments for only one month if the pensioner has not yet received government support in the current month.

Termination of pension payments begins on the first day of the next month after the death of the testator. And if he has not yet received payments, then his relatives can claim this money.

Procedure for inheriting the insurance portion of a pension

Since inheritance of insurance savings is impossible, no one can claim them. There is no alternative procedure for obtaining such funds.

In general, the unpaid part of the pension is also a share of the inheritance, but if for six months no citizen has made a claim to receive such funds, then the savings will go to the state. The exception is cases of extension of terms of inheritance proceedings.

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Pension savings are of great value to heirs. Often, the deceased has hundreds of thousands of rubles in his account, which must go to his legal successors. However, during the division of the inheritance, difficulties arise. Not everyone knows what the procedure for inheriting pensions is in Russia? Many people confuse insurance, labor and funded pensions, which means they may make mistakes in further actions.

Is it possible to enter into an inheritance using the pension savings of a deceased person? Are the heirs entitled to a portion of the savings or can they not receive it? Let's look at the features of inheriting pensions, learn about their types, methods of receiving, terms and much more.

Are pension savings an inheritance?

A pension is a monthly income paid to citizens in connection with retirement, loss of a breadwinner, disability, or for long service to the state. In other words, A pension is income, and therefore an object of inheritance. But not in all cases!

Who is entitled to pension payments?

Pension funded pensions are based on:

  • spouse - as a family member;
  • parents and children of the deceased (Article 2 of the RF IC).

Minor family members may be the deceased's natural children, or adopted children. The basis is a birth or adoption certificate as of the date of death.

Example:

Kalinin S. V. for a long time made contributions to a non-state pension fund. The man was forming a funded pension. The family of citizen Kalinin consisted of 4 people - he, his wife and two young children. The man died at the age of 48. During his lifetime, he did not have time to make a statement about the distribution of savings. As of the date of death, the man had not received a single payment. The composition of the heirs is the wife, children and mother of the deceased person. However, my mother refused to receive the payment. The pension amount was divided equally between the three heirs - 1/3 of each.

Let us recall that during his lifetime the testator can submit a corresponding application to the Pension Fund of the Russian Federation, indicating in it specific citizens who can receive pension savings after his death. If such a document is available, the beneficiary can be any person - even an outsider.

In what cases can you not inherit a pension?

There are two situations in which a funded pension cannot be inherited:

  1. Payments of pension savings are not due to relatives if the testator received part of the insurance pension during his lifetime.
  2. Use of maternity capital - if it was allocated to the funded pension of the child’s mother, then after the woman’s death the baby’s father can receive it. If it is not there, then payments are due to young children. As for adult children, they can count on pension payments when completing full-time studies at a university. The rule applies until the child graduates or reaches the age of 23.

In the absence of such persons, savings are inherited in the general manner. But the amount of maternity capital is returned back to the deposit account in the Pension Fund. In other words, the pension is not inherited by the relatives of the deceased citizen.

How to receive the pension savings of the deceased?

To receive pension savings, interested parties need to contact their local Pension Fund office. You can find out the address of the branch on the State Services website or on the resource of the Pension Fund of Russia. Please note that in the first case, you need to submit an application to the Pension Fund, and not to a notary - this is the main difference. The second option is inheritance within the framework of the law. We will consider both options further.

Order and procedure

The procedure depends on the method of accepting the inheritance. If the deceased citizen left a written statement and indicated specific applicants in it, then the pension fund makes payments to the specified persons.

Contacting the Pension Fund or Non-State Pension Fund

An order for pension savings simplifies their registration after the death of a citizen. In fact, this is the same will, only in relation to pension funds and is addressed to the Pension Fund and/or Non-State Pension Fund.

The procedure for receiving a funded pension:

  1. The pension fund notifies candidates of the availability of an insurance account.
  2. Legal successors apply to the territorial branch of the Pension Fund or Non-State Pension Fund with applications and documents (see below).
  3. Issuance of a decision on payments or refusal.
  4. Transfer of funds by the chosen method - through Russian Post or through a bank.

The advantage of this method is efficiency. The application and receipt of money are completed within a month.

Through a notary

If the testator did not submit an application, then the inheritance of savings occurs according to the law (clause 3 of Article 1183 of the Civil Code of the Russian Federation).

Algorithm of actions:

  1. Establishing the fact of the death of the testator.
  2. Obtaining a death certificate from the registry office.
  3. Applying to a notary, opening an inheritance case.
  4. or on the issuance of a certificate of inheritance.
  5. Transfer of documents, payment of state fees.
  6. Waiting for the deadline to accept the inheritance.
  7. Receipt.
  8. Contacting the Pension Fund for the purpose of registering pension savings.

Application to the Pension Fund (sample)

Payment of funded pensions through the Pension Fund or Non-State Pension Fund occurs at the request of interested parties.

The document must contain the following intelligence:

  • name of the institution - address of the Pension Fund or Non-State Pension Fund;
  • Title of the document;
  • date of application;
  • the essence of the request is to pay the funded part of the pension;
  • information about the insured person (full name, registration address, passport details);
  • information about the applicant;
  • the basis for receiving pension payments (for example, an application-order);
  • methods of paying money - by mail or through a bank;
  • mention of the presence of other relatives;
  • list of attached documents;
  • personal signature of the applicant.

Download the application template to the Pension Fund of Russia - the document is voluminous, so read all the points carefully.

After checking the documents, the Pension Fund official issues the applicant a receipt of acceptance of the application - it contains information about the insured person and his legal successor. The signature of the official is placed at the bottom of the receipt. If documents are sent by mail, notarization of the beneficiary's signature will be required. It will take longer to send documents.

Application to a notary (sample)

If the inheritance of the pension occurs through a notary, the heir prepares another application.

Key points of the statement:

  • name of the notary office;
  • information about the beneficiary (heir);
  • information about the deceased citizen;
  • the essence of the statement;
  • list of attached papers;
  • date, signature.

Check out, download or print yourself a notary application template. Even if a specialist offers a ready-made form, you will know about its contents.

Required documents

When contacting the Pension Fund or Non-State Pension Fund, you must provide the following documents:

  • applicant's passport;
  • identification papers of the parent/guardian;
  • evidence of family relations with the deceased citizen;
  • death certificate of the insurer;
  • insurance certificate (if available);
  • another document displaying the personal account number of the deceased citizen.

A similar package of documents must be prepared when submitting an application to a notary office.

If the papers are submitted by a representative of the heir, he will need a notarized power of attorney. If the applicant missed the deadline for applying to the Pension Fund, then it will be necessary to attach the corresponding court order. If a minor refuses to receive payments, parents/guardians are required to provide permission from the guardianship authority.

Expenses

When registering an inheritance, the main cost item is the state duty - its size depends on the degree of relationship with the deceased citizen and the value of the inheritance.

However, if the heirs claim only the pension savings of the testator, then they are exempt from paying state duty(Clause 5 of Article 333.38 of the Tax Code of the Russian Federation). It follows from this that payment of a pension or issuance of an inheritance certificate is free of charge.

However, heirs are not exempt from paying legal and technical services of a notary - UPTH. The average rate in the country ranges from 1,500 to 8,000 rubles.

Deadlines

There are two types of deadlines in which it is undesirable to get confused:

  • 4 months is given priority to heirs - family members of the deceased citizen and dependents of the testator (Clause 2 of Article 1183 of the Civil Code of the Russian Federation) . The countdown begins from the moment the inheritance is opened - the date of a person’s death or the entry into force of a court decision.
  • 6 months (six months)— . Cash payments are inherited in the general manner only if such persons are absent or do not declare their rights. The countdown will begin from the same date of death of the testator.

What to do if one of the deadlines is missed? It will have to be restored within the allotted period.

Restoring a missed deadline

If applicants do not contact a notary within 4-6 months, they lose the right to receive the testator’s savings. Restoration of deadlines occurs only by court decision and for compelling reasons. Interested parties must submit the appropriate . The action must be performed in within 6 months after the reason for the omission disappears. The documents are submitted to the district court at the applicant’s place of residence. When drawing up an application, you must be guided by the provisions of the Code of Civil Procedure of the Russian Federation.

Please note that there is no statute of limitations for applying for unpaid money from a deceased person to the Pension Fund. Family members might not immediately find out about pension savings. Therefore, they can contact the Pension Fund or Non-State Pension Fund and declare their claims to the unpaid insurance funds of the deceased.

Procedure and terms of payment of the funded part of the pension

All pension payments are handled by the Pension Fund of the Russian Federation or a non-state pension fund.

Heirs are asked to choose convenient way to transfer funds:

  1. Post office cash desk (Russian Post).
  2. Recipient's bank account or passbook.

The deadline for notifying the heir about the decision is no more than 3 working days from the moment of filing the application. If the Pension Fund approves the request, a positive decision is issued. The refusal to pay the funded part of the pension contains the reason for this decision. The heir has the right to go to court and appeal the refusal within the period established by law. If the case is won, you should re-apply to the Pension Fund of Russia - this time with a court decision. Payment is made according to the standard scenario: via mail or bank account.

The deadline for transferring money to the heir is does not exceed 20 working days, excluding holidays and weekends.

Please note that the Russian Post deducts a commission for transferring funds from the Pension Fund to the recipient. It is best to find out about rates and conditions from your local pension fund or post office.

Thus, family members and dependents can count on the funded part of the deceased’s pension. Inheritance occurs in two ways: by order, and in its absence, by law. The deadlines for registering an inheritance are different - in the first case you will have to meet the 4-month deadline, and in the case of inheritance - within 6 months. The procedure for registration depends on the chosen method - through the Pension Fund or with the participation of a notary. The pension is paid only upon the premature death of a citizen. If the account holder previously received payments, they are not subject to inheritance.

Need a lawyer

The procedure for inheriting savings has its own characteristics - not every person can understand the nuances. Often relatives do not know about the possibility of inheriting the deceased’s pension. Many people confuse the registration of a previously received pension with those payments that the deceased did not manage to receive during his lifetime. Annual changes in legislation will only confuse the ignorant. Having contacted the Pension Fund or a notary, he simply will not know what to do? In order not to get confused in the order of inheritance of pension savings, to find out about the procedure, documents, terms and benefits - it is better to consult a lawyer. On our portal you can order a call back or leave your question in an online chat. A specialist will call you back within the agreed time frame and give a detailed answer. A timely free consultation will help you preserve your inheritance and not lose your savings contributions.

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Legislative acts of the Russian Federation clearly regulate the procedure for inheriting pension savings of insured citizens after their death. On January 1, 2015, new Rules for payments to heirs (successors) of pension savings of a deceased insured person came into force.

A funded pension and voluntary pension accruals can be inherited to the Non-State Pension Fund (hereinafter - NPF).

Funded pension

The funded pension represents is a monthly lifetime cash payment to citizens, which consists of the pension savings of the insured person.

The inherited funded pension consists of:

  • amounts that the employer withholds monthly from the employee’s salary and transfers them to his individual personal pension savings account;
  • amounts of investment income from the placement of these funds.

These funds are located in Pension Fund of Russia(hereinafter referred to as the Pension Fund) or in Non-state pension fund(hereinafter referred to as NPF).

From January 1, 2009, citizens who voluntarily entered into the program state co-financing, from deductions of voluntary insurance contributions a funded pension is formed.

The funds of the insured person's funded pension accounted for in a special part of his individual personal account are subject to inheritance, which were not assigned to him before his death. In other words, it is possible to inherit the specified pension savings only if the person did not live up to retirement age or, upon retirement, did not have time to receive them. If a citizen has been assigned a funded pension and he received it at least once, then all remaining funds in the personal account are not subject to inheritance.

The pension savings of citizens who have entered into the state co-financing program are inherited not only in the part consisting of transferred insurance contributions, but also in the part consisting of co-financing funds (provided that they were not assigned or received).

The situation is more complicated with the inheritance of a funded pension, which is located in a non-state pension fund. There are two options for inheriting such payments: by non-state pension agreement(hereinafter referred to as NPO or DPO) and under a compulsory pension insurance agreement(hereinafter referred to as OPS).

When inheriting under a contract, NPO or DPO must be taken over by management general rules prescribed in Chapter V of the Civil Code "Inheritance Law", since special regulations on this issue have not yet been developed. Inherited property here is the property rights and obligations provided for by the terms of each specific agreement. Such agreements can be re-registered to the heir(successor) or he may declare a demand for the redemption amount thereunder. In any case, to formalize inheritance transactions, you first need to obtain from a notary office certificate of inheritance, which will serve as the basis for their commission.

Persons entitled to inherit a funded pension

The heirs (legal successors) of a funded pension, the funds of which are accounted for in a special part of the individual personal account of a deceased person, may be heirs (legal successors) upon application or heirs (legal successors) by law.

Heirs (legal successors) upon application are persons whom the deceased, of his own free will and desire, indicated during his lifetime in a statement left with the Pension Fund at his place of residence. This statement represents administrative document testator on the distribution of savings funds between heirs (successors) and contains specific instructions to whom and what shares of pension savings will be transferred in the event of his death.

Heirs (successors) by law are the persons specified in paragraph 6 of Art. 16 of the Law on labor pensions, namely, the relatives of the deceased testator, who will be paid the accumulated pension funds regardless of their age and ability to work, but in accordance with.

The first in line are the testator's children, his spouse and parents. The second to benefit from this payment will be the sisters, brothers and grandchildren of the testator, as well as his grandparents. Heirs of the second stage will be paid the funded pension of a deceased person only in the absence of an application for payment of funds from the legal successors of the first stage.

As for the inheritance of a funded pension transferred to a non-state pension fund under a compulsory pension agreement, the heirs are indicated in a separate clause of such an agreement. If there are several legal successors, then their shares in the inheritance funds are also indicated. This is not a mandatory condition of the contract, therefore, in the absence of specific persons, the right of inheritance is acquired by the heirs by law.

Deadline for submitting claims to inherit a funded pension

The law establishes certain deadlines for inheriting a funded pension.

Thus, heirs (successors) of pension savings recorded during the life of the insured person in a special part of his individual personal account can apply for payment of these funds within six months from the date of death of such person to the territorial body of the Pension Fund at his place of residence.

In accordance with paragraphs 1 and 2 of Art. 1183 of the Civil Code of the Russian Federation, the amount of a funded pension can be paid to family members of a deceased person who lived with him, as well as his disabled dependents, regardless of the fact of living with the breadwinner. These persons must present their demands no later than four months from the date of death of the testator. Such rules apply when a lump sum payment was established during the life of the insured person, but was not received due to his death.

In any case, the payment of savings funds to the Pension Fund will be made only six months after the date of death of the insured person.

Restoring the missed deadline for submitting claims to inherit a funded pension

If the specified period is missed, the heir (legal successor) has the right to apply to the court with a claim for restoration of the missed deadline established for submitting an application to the Pension Fund for payment of the accumulative pension funds of a deceased person. But first, the heir (legal successor) needs to write application for payment of funded pension, take it to the Pension Fund and receive a written refusal to receive the specified payment due to missing the six-month deadline established for filing the application.

Evidence is presented to the court that the deadline has been missed for good reason. If the heir (legal successor) in his claim refers to ignorance of the possible receipt of payments belonging to the deceased, then he needs to indicate a specific reason for this, for example, the lack of notification from the Pension Fund. IN judicial practice Most often, missed deadlines are restored in cases where the heirs (successors) are minor children of the deceased person.

Procedure for inheriting a funded pension

After the expiration of the deadline for the heir (legal successor) to submit an application, regardless of whether the application for distribution of pension savings by the deceased insured person was submitted or not, the territorial administration of the Pension Fund within a month carries out the following actions:

  • checking the compliance of the persons who submitted the application for payment with the circle of heirs (legal successors) whom the deceased citizen indicated in his application for the distribution of savings;
  • in the absence of an application for the distribution of savings - checking the compliance of the persons who submitted the application for payment with the circle of heirs (the fact and degree of relationship with the deceased person) who are entitled by law to receive the specified payments;
  • makes a decision to refuse payment of funded pension funds:
    • if the persons who submitted the application for payment are not heirs (successors);
    • will be treated as heirs of the second stage if there are heirs of the first stage;
    • they will miss the deadline for filing an application and it will not be restored in court;
  • determines the shares of heirs(legal successors) upon inheritance:
    • in the absence of an application for the distribution of pension savings, establishes equal shares between the heirs (legal successors) according to the law;
    • if in the application for the distribution of savings funds there is no shared distribution between the heirs (legal successors) indicated in it, according to the application, it establishes equal shares for them;
    • if one of the heirs (legal successors) refuses the share due to him, distributes it among other heirs (legal successors) according to the law;
  • determines the total amount of funded pension funds of the deceased person, which is subject to distribution among the heirs (successors):
    • calculates the amounts for payments to each of the applicants according to their shares;
    • makes a decision on their payment;
  • determines the amount of remaining savings for their transfer to the reserve fund for compulsory pension insurance (if there are grounds for this).

The procedure for successors to apply for payment

In order for heirs (successors) to receive a funded pension of a deceased insured person, they must, no later than six months from the date of death of such person, contact the territorial administration of the Pension Fund at the place of residence of the deceased with an application for the payment of the specified payment.

It is also possible for heirs (successors) to apply to the Pension Fund through your representative or send an application for payment with the necessary documents attached to it by registered mail.

The application must indicate in what way the heirs (successors) want to receive the inheritance funds.

After receiving such an application, the pension authority carefully checks the availability of all necessary documents, which are attached to it. Verification is carried out within 5 working days, after which the inheritance applicants are issued or sent by mail notification receipt and all original submitted documents are returned.

Submitting an application to a non-state pension fund is carried out in the same way.

Payment procedure

Payment to heirs (legal successors) of the amount of funded pension funds that were accounted for in a special part of the individual personal account of their deceased relative, carried out before the 20th of the month, following the month in which the decision on such payment was made. The Pension Fund transmits a copy of the decision on payment or refusal to pay to the heirs no later than five working days after the relevant decision is made.

As for NPFs, there is no special procedure for paying funded pensions under the NPF agreement, therefore you need to follow the rules of inheritance law, provided for by Chapter V of the Civil Code.

When concluding an agreement with a non-state pension fund, as a rule, this procedure is clearly prescribed. It all depends on what pension scheme the contract was concluded under - lifelong or fixed-term.

Required documents

When registering an inheritance, the legal successors must attach the following documents to the submitted application for payment of funded pension payments:

  • passport or other document identifying the heir (legal successor), his age and place of residence;
  • for legal representatives of these persons:
    • a document proving their identity;
    • a document confirming their legal authority;
  • for heirs (successors) by law- documents confirming their relationship with the deceased person:
    • for his children and parents - the birth certificate of the children and the deceased person, respectively;
    • for the spouse - marriage certificate;
    • for adopted children - adoption certificate;
  • death certificate of the insured person;
  • insurance certificate of compulsory pension insurance of the deceased.

When refusal one of the heirs (legal successors) from receiving the share due to him, he must submit a corresponding application to the Pension Fund. And if the heirs (legal successors) missed the deadline for filing an application for payment of the deceased’s funded pension, a judgment about its restoration.

Conclusion

  • The funded pension of the insured person, which is accounted for in a special part of his individual personal account, subject to inheritance after the death of the specified person.
  • The heirs (legal successors) of the funded pension of a deceased person can be heirs (legal successors) upon application or heirs (legal successors) by law.
  • The deadlines for submitting claims for payment of the funded pension of a deceased person vary, but do not exceed six months from the date of death of the insured person.
  • Restoring the missed deadline for submitting a claim for payment possible only in court.

Citizen T.'s father died at the age of 45. My father worked at one of the enterprises in the city where he lived. His period wage was 16,500 rubles. The daughter wants to receive the funded part of her deceased father's pension, but she doubts whether she should do it.

Answer

It is clear that citizen T. should inherit the amount of her deceased father’s pension savings, recorded in a special part of his individual personal account, since the amount to be paid will be several tens of thousands of rubles. To do this, after receiving a certificate of inheritance, she needs to collect a package of documents and, together with an application for payment, submit them to the Pension Fund at the place of residence of her deceased father.

Citizen M.’s husband died on December 25, 2014. She submitted an application for payment of her deceased husband’s pension savings to the Pension Fund at her place of residence in April 2015. She is interested in the question of when she will be able to receive this money.

Answer

The pension fund makes a decision on the payment of these funds no later than the month following the month when the established six-month period expires for the heir (legal successor) to submit a corresponding application for payment. The Pension Fund must inform the applicant about its decision no later than five working days from the date of such decision.

In accordance with the new Payment Rules, the amounts of accumulative pension funds of a deceased insured person are paid to the heirs (successors) before the 20th day of the month following the month in which the decision on such payment was made.

Considering the fact that the husband of citizen M. died on December 25, 2014, the application was submitted by her within the period established by law, the Pension Fund is obliged to make a decision on the payment before July 25, 2015, and make the payment before August 20, 2015.


A citizen has the right to determine in advance the legal successors of his pension savings and the shares in which these funds will be distributed among them in the event of his death. To determine legal successors, you must submit an application to the Pension Fund (or to a non-state pension fund, if pension savings are formed there) and indicate your legal successors and the shares in which savings will be distributed between them.

The legal successors of pension savings can be the persons specified in the citizen’s application. The application can also determine in what shares these funds will be distributed between them.

If there is no such statement, then the following relatives are considered successors:

  • first of all, children, including adopted children, spouse and parents (adoptive parents);
  • secondarily brothers, sisters, grandfathers and grandchildren.

Payment of pension savings to relatives of the same line is carried out in equal shares. Successors of the second stage have the right to receive pension savings if there are no relatives of the first stage.

Pension savings funds can be paid to legal successors if the death of a citizen occurs:

  • BEFORE appointment payments to him are made from pension savings or until its amount is recalculated taking into account additional pension savings (with the exception of funds from maternity (family) capital aimed at forming a future pension);
  • AFTER appointment urgent for him pension payment. In this case, the legal successors have the right to receive the unpaid balance of pension savings (with the exception of maternal (family) capital funds aimed at forming a future pension);
  • AFTER it has been assigned but not yet paid he receives a one-time payment of pension savings. It can be received by family members of a deceased pensioner (provided they live together with him), as well as his disabled dependents (regardless of whether they lived with the deceased or not) within 4 months from the date of the citizen’s death. If these persons are absent, the amount of the lump sum payment is included in the inheritance and is inherited on a general basis.

If a citizen has been provided with a funded pension (indefinitely), in the event of his death, pension savings are not paid to his successors.

The procedure for paying pension savings to legal successors

To receive the pension savings of a deceased citizen, legal successors must, no later than 6 months from the date of his death, personally, by mail or through a representative, contact the Pension Fund or Non-State Pension Fund.

ATTENTION! If you missed the specified deadline, it can only be restored through a judicial procedure.

It is necessary to present documents confirming family relations and personal documents. The list of required documents is determined by the Rules for the payment of pension savings funds, approved by Government Resolutions Russian Federation dated July 30, 2014 No. 710 and No. 711.

Payment of pension savings to the legal successors of the deceased insured person is carried out no later than the 20th day of the month following the month the decision on payment was made. The decision on payment is made within the seventh month from the date of death of the citizen. The Pension Fund sends a copy of the decision on payment (on refusal to pay) to the legal successor no later than 5 working days after the decision is made.

Pension savings can be obtained:

  • via post office
  • by transferring funds to the bank account/bank accounts of legal successors