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Survivor's pension amount

In such a situation, specialists from the district administration of the Pension Fund will determine the most profitable payment option out of two possible ones:

• the previously assigned pension will be restored;
• the pension will be assigned again.

Payment of insurance pension upon death of the breadwinner stops completely under the following circumstances:

• completion of the period of study or expulsion from an educational institution;
• transition from full-time education to evening or correspondence courses;
• loss of “disabled citizen” status.

In such cases, citizens are obliged inform in a timely manner Pension Fund authorities about the circumstances that have arisen in order to prevent overpayment of accrued pension amounts. Otherwise, excess amounts received will be withheld from the pension or through legal action.

Payments after the death of the insured person

After the death of the breadwinner, his relatives have the right to count on several types of payments:

• (the payment is made by the Pension Fund or the employer, depending on whether the deceased was working on the day of death or not);
• the lost amount of the deceased's pension (payment is made to family members of the deceased when they cohabitation on the day of death);
• pension for the loss of a breadwinner (payment is assigned to disabled family members who were dependent on the deceased breadwinner);
• deceased.

Payment of pension savings is made on the basis of the Payment Rules No. 711 dated July 30, 2014, approved by the Government of the Russian Federation. (applies to savings accounted for in a special part of the individual account of the deceased) and No. 710 dated July 30, 2014. (applies to funds recorded in funded pension accounts).

If a citizen has not previously determined the circle of legal successors of his pension savings funds and the share of the amount distributed between them, then the data funds will be distributed according to the adopted legislative framework of the Russian Federation:

• persons of the first priority of inheritance (children, spouses, parents);
• persons of the second line of inheritance (sisters, brothers, grandchildren, grandmothers, grandfathers).

Second-order heirs pension savings are paid in the absence of first-order successors. When distributing funds to persons in the same queue, a calculation is used in equal parts.

In order to receive the amount of pension savings, citizens need to contact a non-state or state Pension Fund RF within six months from the date of death of a relative. The choice of institution depends on where the deceased’s pension savings are located. A citizen can apply in person, by mail or through a representative.

Conclusion

Insurance pension in case of loss of a breadwinner is appointed upon the occurrence of insured event, namely the death of a citizen who fully financially provided for other members of his family.

Disabled members of his family who have not reached the age of majority, as well as full-time students of educational institutions until they complete their studies, have the right to receive a survivor's pension, but no later than 23 years old.

It will be necessary to contact the Pension Fund management if you receive a social supplement, since this payment will be for the period of work.

Summarizing the meaning of pension definitions in modern pension legislation, we can come to the following conclusion. On the one hand, for a survivor's pension there are five general characteristics that apply to all types of pensions: 1) frequency of payment; 2) payment from the Pension Fund or the federal budget; 3) state-legal nature; 4) taking into account the labor contribution of a citizen and the social factor; 5) the size of the pension is commensurate with the citizen’s earnings. At the same time, survivor's pension occupies a special place pension system. First of all, this is due to the fact that if the subjects of old-age or disability pensions are citizens who have reached retirement age and disabled people, then in pension provision In the event of the loss of a breadwinner, a new subject of support appears - family members, which entails the emergence of specific features inherent only to this type of pension. Thus, pensions in the event of the loss of a breadwinner fully comply with such features characteristic of pensions in general, such as the frequency of payment, payment from the Pension Fund of the Russian Federation and the federal budget, and state-legal nature. However, when taking into account the labor contribution of a citizen and the social factor, the labor contribution of the deceased breadwinner is taken into account not the pension recipient himself. In this case, the social factor concerns pension recipients - family members of the deceased breadwinner. As can be seen from the above, in pension provision in the event of the loss of a breadwinner, we are talking about two subjects: 1) the breadwinner, who on the day the issue of assigning a pension is no longer alive (or he was declared dead or missing by the court); 2) family members of the deceased breadwinner. At the same time, legal facts as conditions for the emergence of the right to a pension apply both to the breadwinner himself and IR members his family.

The loss of a breadwinner is understood as his death or unknown absence, which is confirmed by a death certificate issued by the registry office or established by the court. If the court establishes the fact of the unknown absence of a citizen, then a death certificate is not issued; the basis for assigning a pension will be a court decision that has entered into legal force.

To assign a pension, it is necessary that the breadwinner has worked in the past, been an individual entrepreneur, etc. (in other words, was subject to compulsory pension insurance), or served in military or law enforcement service. As for family members, they must: 1) be included in the circle of family members established by the relevant Federal law; 2) as a rule, be disabled;
3) be dependent on the breadwinner.

The next specific feature of this type of pension is the period during which it is paid. A survivor's pension is assigned for the period of incapacity for work of family members or for life.

Another important one hallmark- the intended purpose of the pension. The survivor's pension is the main or one of the main sources of livelihood for the recipients of this pension for family members.

Taking into account the above, we can give the following definition of a survivor's pension.

Survivor's pension - a monthly cash payment made by the state from the Pension Fund of the Russian Federation or the federal budget to disabled family members of the deceased breadwinner, subject to the conditions provided for by law relating to both the deceased citizen and members of his family. The pension is commensurate with the earnings of the deceased citizen, is assigned for the period of incapacity for work of his family members, or is the main or one of the main sources of their livelihood for life.

The importance of a survivor's pension in the life of society is manifested in its functions. The functions of survivors' pensions are similar to those of old-age pensions due to disability. The following functions should be highlighted: provisional, protective, compensatory, labor force reproduction, socio-psychological.

Survivor pensions can be divided into three main types (classification is made on two grounds: 1) regulatory legal act; 2) security subject):

1) according to the Law labor pensions:

a) pensions in case of loss of a breadwinner for the families of insured persons;

2) according to the Law on State Pension Provision:

conscripts;

b) pensions in case of loss of a breadwinner to the families of citizens affected by radiation or man-made disasters;

c) pensions in the event of the loss of a breadwinner for the families of citizens from among the astronauts;

3) according to the Law pension provision military
reaping:

a) pensions in case of loss of breadwinner for military families
contract employees;

b) survivors' pensions for families of law enforcement officers.

10.2. Composition of family members entitled to a pension their disability and dependency

It is traditional for Russian pension legislation to have a fairly wide range of people entitled to a survivor's pension. In many countries, pensions are usually provided only to children and the surviving spouse.

In our country, family members entitled to a pension include:

1) persons in a marital relationship (spouse);

2) blood relatives (parents, children, grandchildren, brothers and sisters, grandparents);

3) non-blood relatives (adoptive parents, adopted children);

4) relatives (stepson, stepdaughter, stepmother, stepfather).

It is important to note that brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents. A similar rule exists for grandparents, who have the right to a pension only in the absence of persons obligated to support them by law.

Stepfathers and stepmothers have the right to a pension if they raised and supported the deceased stepson or stepdaughter for at least five years. However, according to the State Pension Law, stepmothers and stepfathers are not classified as persons entitled to a pension.

In order to receive a survivor's pension, a family member must belong to one of these categories, be disabled and dependent on the breadwinner.

Disability is a state of a person’s body or a set of life circumstances in which he cannot work (actually or supposedly).

The grounds for recognizing family members as incapacitated are:

1) age under 18 years (children, brothers, sisters, grandchildren);

2) full-time study in educational institutions of all types and types, regardless of the organizational and legal form and form of ownership (until the age of 23 years);

3) men reach 60 years of age, women reach 55 years of age (father, mother, spouse, grandmother, grandfather);

4) the parents of deceased (deceased) military personnel who served under conscription and contract, as well as law enforcement officers, have reached the age of 55 years for men and 50 years for women;

5) reaching the age of 55 and 50 years (men and women, respectively) by spouses of military personnel serving under contract and law enforcement officers who died as a result of a military injury;

6) disability of one of three groups (children over 18 years old, if they became disabled before this age; father; mother; spouse; grandmother, grandfather);

7) caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age, and lack of employment (service) relations;

8) care for a child of the deceased who has not reached 8 years of age, spouses of military personnel serving under contract, and law enforcement officers, regardless of age, ability to work, and whether they work (serve) or not;

9) absence of persons who are legally obliged to support them (grandfather and grandmother, brothers and sisters);

10) spouses of citizens from among the cosmonauts or cosmonaut candidates who died in the performance of official duties related to the preparation or performance of a space flight - regardless of age and ability to work.

Dependency (dependency) of family members is a relationship between people in which one of them is fully supported by the other or receives help from him, which is his constant and main source of livelihood.

Dependency of children of deceased parents is assumed and does not require proof. However, if a person has already reached the age of 18 or the child is declared fully capable in accordance with the legislation of the Russian Federation, the fact of dependency requires proof. As evidence, the territorial body of the Pension Fund considers certificates of family composition, income of all family members, certificates of housing authorities or municipal authorities about living together, receipts for postal money orders, etc. In controversial cases, the fact of dependency may be established by the court.

Regardless of the fact of dependency, the pension is established:

1) one of the parents, another family member caring for children, brothers and sisters or grandchildren of the deceased who have not reached the age of 14 years;

2) disabled parents and spouses of contract military personnel and law enforcement officers who died as a result of a military injury;

3) disabled parents of military personnel who died during conscription;

4) disabled parents and spouse, if after the death of the breadwinner they have lost their source of livelihood.

10.3. Labor pension in case of loss of a breadwinner: conditions for its assignment and amount

The conditions for assigning a labor pension in the event of the loss of a breadwinner are determined by Art. 9 of the Labor Pensions Law.

Based on this article, we can conclude that the right to labor pension In the event of the loss of a breadwinner, it arises in the presence of conditions related to both the individual breadwinner and members of his family.

Conditions relating to the identity of the breadwinner :

1) the fact of death or unknown absence, certified in the prescribed manner;

2) the pension is assigned regardless of the duration of the breadwinner’s insurance period, as well as the cause and time of his death;

3) if the deceased breadwinner has no insurance experience at all, as well as in the event of his death as a result of an intentional criminal act committed by him or intentional damage to his health, which are established in court, the family is assigned social pension in accordance with the Law on State Pension Provision.

Conditions for the right to a pension concerning family members:

1) the condition of the breadwinner in the degree of relationship, property or marital relationship established by law;

2) disability (as a general rule);

3) dependency (as a general rule).

To assign a labor pension in the event of the loss of a breadwinner, a combination of the above requirements for family members is necessary; the presence of only one or two conditions is not enough.

Amount of labor pension in case of loss of a breadwinner each disabled family member of the deceased breadwinner in accordance with Art. 16 of the Law, labor pensions are determined by the formula

P = PC / (T × K) / KN + B,

where P is the size of the labor pension in case of loss of a breadwinner; PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death; T - the number of months of the expected period of payment of the old-age pension (clause 1 of Article 14 of the Law on Labor Pensions); K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months. The standard duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by four months for each full year of age, starting from 19 years, but not more than up to 180 months;
KN - the number of disabled family members of the deceased breadwinner who are recipients of the specified pension; B - fixed basic size of labor pension in case of loss of a breadwinner.

This formula is for general use. Other formulas are used to determine the size of the labor pension in the event of the loss of a breadwinner for orphans and in cases where, at the time of death, the deceased breadwinner was a recipient of a labor pension for old age or disability.

The amount of pension for children (each child) who have lost both parents is determined by the formula

P = PK1 / (T × K1) / KN1 + PK2 / (T × K2) / KN2 + B,

where PC1 is the amount of the estimated pension capital of one parent, recorded as of the day of his death;
PC2 - the amount of the estimated pension capital of the other parent, taken into account as of the day of his death; K1 -
the number of disabled family members of the deceased breadwinner (one parent) who are recipients of the specified pension; K2 - the number of disabled family members of the deceased breadwinner (other parent) who are recipients of the specified pension; KN1 - the number of disabled family members of one deceased parent; KN2 - the number of disabled family members of the other deceased parent.

Thus, in this case, when calculating the amount of the pension, the estimated pension capitals of both deceased parents are summed up.

In the event of the death of a single mother, the calculated pension capital is doubled. The size of the labor pension in the event of the loss of a breadwinner for her children (each child) is determined by the formula

P = / KN + B,

where PC is the amount of the estimated pension capital of the deceased single mother, taken into account as of the day of her death.

It should be noted that when calculating the size of the labor pension in the event of the loss of a breadwinner, the transformation of pension rights acquired by the deceased breadwinner before January 1, 2002, the calculated pension capital (Article 30
Law on Labor Pensions) is carried out according to the same formulas as for labor pensions for disability. The point is that if the assessment of the pension rights of the insured persons is carried out simultaneously with the assignment of a labor pension to them in the event of the loss of a breadwinner, the expected period of payment of the old-age labor pension must be multiplied by the ratio of the standard duration of the breadwinner's insurance period as of the day of his death to 180.

To determine the amount of a labor pension in the event of the loss of a breadwinner, assigned in connection with the death of an insured person who was granted a labor pension for old age or disability, a special calculation formula is used

P = P1 / KN + B,

where P1 is the size of the insurance part of the old-age labor pension or the size of the disability labor pension (without taking into account the fixed basic amount of this pension), established for the deceased breadwinner as of the day of his death.

As can be seen from the formula, the calculation principle is the same as in the general case, but instead of the amount of the estimated pension capital, the insurance part of the labor pension for old age or disability is applied (without taking into account the fixed base amount), which is divided by the number of disabled family members entitled on retire.

The size of the labor pension in the event of the loss of a pensioner's breadwinner, established for orphans, is determined by the following formulas:

1) if both deceased parents on the day of death received the insurance part of the labor pension for old age or disability (without taking into account the fixed base amount), then

P = P1 / KN1 + P2 / KN2 + B,

where P1 is the amount of the insurance part of the labor pension for old age or disability (without taking into account the fixed base amount of this pension), established for the deceased breadwinner (one parent) on the day of his death; P2 - the amount of the insurance part of the old-age labor pension or the amount of the disability labor pension (without taking into account the fixed basic amount of this pension), established for the deceased breadwinner (other parent) on the day of his death;

2) if a single mother on the day of death received the insurance part of an old-age or disability pension (without taking into account the fixed base amount), then

P = (P1 × 2) / KN + B,

where P1 is the amount of the insurance part of the old-age labor pension or the amount of the disability labor pension (without taking into account the fixed base amount of this pension), established by the deceased single mother as of the day of her death;

3) if one of the breadwinners was an old-age or disability pensioner, and the other was not, then

P = PK / (T × K) / KN1 + P1 / KN2 + B,

where PC is the amount of the estimated pension capital of the deceased breadwinner (one parent), for whom on the day of death the insurance part of the labor pension for old age or disability was not established, taken into account as of the day of his death; КН1 - the number of disabled family members of the deceased breadwinner (one parent) who are recipients of the specified pension; P1 - the amount of the insurance part of the old-age labor pension or the amount of the disability labor pension (without taking into account the fixed base amount) established for the deceased breadwinner (other parent) as of the day of his death; КН2 - the number of disabled family members of the deceased breadwinner (other parent) who are recipients of the specified pension.

The fixed basic size of the labor pension in case of loss of a breadwinner from January 1, April 2010, 2012 is established in the following amounts:

1) children who have lost both parents, or children of a deceased single mother (orphans) - RUB 2,562,3278. 58 kopecks per month (for each child);

2) other disabled family members of the deceased breadwinner - RUB 1,281,1639. 28 kopecks per month (for each family member).

For persons living in regions of the Far North and equivalent areas, the fixed base amount is increased by the corresponding regional coefficient.

When citizens travel outside the regions of the Extreme Se-
faith and equivalent localities for a new place of residence, the regional coefficient is not taken into account when determining the fixed base size.

If, one year after the death of the breadwinner, another family member applies for a pension,
entitlement to it, which was not taken into account when determining the number of disabled family members of the deceased breadwinner who are recipients of this pension, then the amount of the labor pension in the event of the loss of a breadwinner for this family member cannot be less than that of the specified pension recipients.

If the death of the insured person occurred before the accumulative part of the old-age labor pension was assigned to him or before it was recalculated, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to the persons specified in the application of this insured person. In the absence of an application, pension savings are paid in the following sequence:

1) first of all - to children, including adopted children, spouses and parents (adoptive parents);

2) secondly - to brothers, sisters, grandfathers, grandmothers
bushes and grandchildren.

Payment of funds to the relatives of the deceased breadwinner of one line is carried out in equal shares. Relatives of the second priority have the right to receive funds accounted for in a special part of the individual personal account of the deceased breadwinner only in the absence of relatives of the first priority. Being a dependent and the fact of incapacity for work do not matter for the right to receive pension savings.

If the insured person does not have the above-mentioned relatives, these funds are taken into account as part of the PFR reserve, and a special part of the individual personal account of the insured person is closed.

10.4. Pension on the occasion of the loss of a breadwinner for disabled family members of a deceased (deceased) serviceman who served in conscription: conditions for its assignment and amount

Pension provision in the event of the loss of a breadwinner for families of military personnel who served in conscription is regulated by the provisions of the Law on   state pension provision.

According to Art. 8 of this Law, a pension for the loss of a breadwinner is assigned to members of the family of the deceased if the death of a serviceman occurs:

1) during military service;

2) no later than three months after dismissal his service;

3) or later than this period, but due to a wound, concussion, injury or illness received during military service.

As for family members, the interpretation of this type of pension is similar to the interpretation of a labor pension in the event of the loss of a breadwinner. However, according to the State Pension Law, the stepmother and stepfather are not classified as persons entitled to a survivor's pension.

In addition, the Law on State Pension Provision contains an additional rule regarding the parents of military personnel who died (died) during military service under conscription or who died after dismissal from their service due to a military injury. They are granted a pension with reduced requirements for the retirement age - 50 and 55 years (for women and men, respectively) regardless of the fact of being a dependent.

In Art. 3 of this Law states that the parents of widows of military personnel who died during military service as a result of a military injury and who did not remarry have the right to simultaneously receive two pensions. They may establish a survivor's pension in accordance with the Law on State Pensions and a labor pension for old age (disability) or the specified survivor's pension and social pension(except for social pension in case of loss of a breadwinner).

If the cause of death of a serviceman was the commission of a crime, then only a social pension can be awarded. It does not matter whether it was an intentional criminal act or a careless guilty act that meets all the signs of a crime according to the Criminal Code of the Russian Federation (Federal Law of June 13, 1996 No. 63-FZ).

The amount of the pension (Article 15 of the Law on State Pension Security) depends on the cause of death of the breadwinner and is set as a percentage of the amount of the social pension specified in Art. 18 of this Law.

Upon the death of a serviceman:

1) due to a military injury, 200% of the social pension is assigned to each disabled family member of the deceased;

2) due to an illness received during military service - 150% of the amount of social pension for each disabled family member of the deceased.

10.5. Survivor's pension for disabled family members of persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and other government bodies: conditions for its appointment and amount

For families of contract military personnel and law enforcement officers, survivors' pensions are governed by the Military Retirement Act.

The conditions for assigning this type of pension are similar to the conditions for assigning a pension in the event of the loss of a breadwinner to family members of military personnel who served in conscription. Members of the family of a deceased (deceased) military serviceman or law enforcement officer have the right to a pension if the breadwinner died (died): 1) while serving; 2) no later than three months from the date of dismissal from service; 3) later than this period, but due to injury, contusion, injury or illness received during the period of service.

In addition, a survivor's pension can be assigned to the families of pensioners from among those covered by the Military Retirement Law. In this case, the pension is assigned if the breadwinner died while receiving the pension or no later than five years after the termination of its payment.

The circle of persons who are disabled family members of a deceased (deceased) serviceman coincides with the circle of persons receiving a labor pension in the event of the loss of a breadwinner. At the same time, this law contains a number of additional preferential provisions.

Special conditions have been established for the emergence of the right to a pension for spouses of military personnel who died as a result of a military injury:

1) upon reaching 55 and 50 years of age (men and women, respectively);

2) regardless of age, state of working capacity and the fact of work - for those of them who are engaged in caring for the children of the deceased who have not reached eight years of age.

In addition, these spouses who have not remarried, and the parents of military personnel or law enforcement officers who died as a result of a military injury (if the death did not occur as a result of their unlawful actions), have the right to receive two pensions simultaneously. In this case, spouses may be assigned one pension in the event of the loss of a breadwinner in accordance with the Law on Pension Provision of Military Personnel, the second - a labor pension for old age (disability) or a social pension (with the exception of a social pension assigned in connection with the loss of a breadwinner). Parents may be provided with the specified pension in the event of the loss of a breadwinner or any other pension (with the exception of a pension in the event of the loss of a breadwinner and a social pension assigned in connection with the death of a breadwinner).

The pension amount is calculated based on the salary of the breadwinner. The amount of the pension depends on the cause of death of the breadwinner.

For family members of persons who died as a result of a military injury, a pension is assigned in the amount of 40% of the breadwinner's allowance for each disabled family member; for family members of persons who died as a result of a disease acquired during military service -
would be - 30% of the salary.

Defined minimum dimensions survivor's pensions. The pension for each family member cannot be lower than 200% (for a military injury) and 150% (for an illness received during military service) of the amount of the social pension provided for in Art. 18 of the Law on State Pension Provision.

The law on pension provision for military personnel provides for the accrual of supplements to pensions in the event of the loss of a breadwinner. The care allowance is assigned to the pension of citizens who are disabled people of group I or who have reached 80 years of age, is 100% of the amount social pension. In addition, to the survivor's pension assigned to disabled children Disabled children of groups I and II who have lost both parents, or the specified children of a deceased single mother, are accrued 32% of the social pension.

Along with the above-mentioned allowances, in certain cases, pensions in the event of the loss of a breadwinner are increased for certain categories of citizens who have special merits. In Art. 45 such categories include: Heroes of the USSR, Heroes of the Russian Federation, persons awarded the Order of Glory of three degrees, participants of the Second World War, etc.

10.6. Pension in case of loss of a breadwinner for disabled family members of certain categories of citizens according to the Federal Law “On State Pension Provision in Russian Federation": conditions for its purpose and size

Family members of citizens affected by radiation or man-made disasters have the right to a survivor's pension in accordance with the Law on State Pension Provision.

This type of pension is assigned regardless of the length of work experience of the deceased breadwinner at the time of the death of the breadwinner.

In Art. 10 of this Law lists the categories of citizens whose family members have the right to a pension in the event of the loss of a breadwinner:

1) survivors of radiation sickness and other diseases associated with radiation exposure as a result of the disaster at the Chernobyl nuclear power plant or work to eliminate the consequences of this disaster;

2) those who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

3) those who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and work in the exclusion zone.

As for the family members themselves who have the right to a pension, according to Art. 29 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” these include:

1) disabled parents, regardless of whether they are dependent on the deceased breadwinner;

2) children studying until they graduate from a secondary or higher educational institution, but not until they reach
25 years;

3) the spouse of the breadwinner, if he is engaged in caring for the children of the deceased breadwinner who have not reached 14 years of age, regardless of whether the spouse works or not;

4) the spouse of the breadwinner, regardless of whether he is dependent and the time that has passed since the death of the breadwinner - upon reaching 50 and 55 years of age for women and men, respectively.

Law on state pension provision
grandfather Iba added to the family members listed above
the grandmother of the deceased breadwinner, if they have reached the general retirement age or are disabled and there are no persons obligated to support them.

All these citizens have the right to simultaneously receive two pensions. One of them is a pension for the loss of a breadwinner, assigned in accordance with the State Pension Law, the other is a labor pension for old age (disability) or a social pension (with the exception of a social pension assigned in connection with the loss of a breadwinner).

The amount of the survivor's pension for family members of citizens affected by radiation and man-made disasters is:

1) children who have lost both parents or a single mother - 250% of the social pension;

2) other disabled family members of the deceased breadwinner - 125% of the social pension.

In accordance with Art. 7.1 of the Law on State Pension Provision, family members of deceased (deceased) citizens from among the cosmonauts (testers, researchers, instructors) who had the title “Pilot-Cosmonaut of the USSR” or “Pilot-Cosmonaut of the Russian Federation” have the right to a pension in case of loss, as well as family members of citizens from among the astronaut candidates (testers, researchers, instructors) who died in the line of duty related to the preparation or execution of a space flight.

The circle of persons entitled to this type of pension has its own characteristics and includes:

1) children of the deceased (deceased) breadwinner who have not reached the age of 18, and if they are studying full-time in educational institutions of all types, then until the end of their studies, but no longer than until they reach the age
23 years of age, or over this age if they became disabled before the age of 18;

2) parents of the deceased breadwinner who have reached the age of 60 and 55 years (men and women, respectively) or are disabled, if they were dependent on the deceased breadwinner;

3) the spouse of the deceased (deceased) breadwinner, regardless of age and ability to work.

A survivor's pension for the above-mentioned family members is established for each family member in the amount of 40% of the salary (earnings) of the breadwinner, determined in accordance with the Regulations on the financial support of cosmonauts in the Russian Federation, approved by the Government of the Russian Federation.

The State Pension Law provides for an increase in the size of this type of pension depending on the category to which the deceased breadwinner belonged. The conditions and procedure for this increase are regulated by Art. 45, 46 of the Law on pension provision for military
employees.

In the regions of the Far North and equivalent areas, survivor pensions are increased by the corresponding regional coefficient, which is not taken into account when citizens leave these areas for a new permanent place of residence.

10.7. Recalculation and indexation of pensions

Recalculation and indexation of pensions in the event of the loss of a breadwinner are generally carried out according to the same rules as for other types of pensions.

However, it is worth noting some features of the recalculation of the labor pension in the event of the loss of a breadwinner.

The size of the labor pension for the loss of a breadwinner from August 1 of the year following the year in which the labor pension for the loss of a breadwinner was assigned is subject to adjustment according to individual (personalized) records in the compulsory pension insurance system based on information about the amount of insurance contributions received vPFR, which were not taken into account when determining the amount of the estimated pension capital for calculating the size of the labor pension in the event of the loss of a breadwinner when it was assigned.

Adjustment of the size of the labor pension in the event of loss of a breadwinner is carried out according to the formula

SCh = SChp + PKr / (T × K) / KN,

where SCH is the size of the labor pension in the event of the loss of a breadwinner; SChp - the established amount of labor pension in case of loss of a breadwinner as of July 31 of the year in which the corresponding adjustment is made; PKr - the amount of the estimated pension capital of the deceased breadwinner, not taken into account as of the day of his death; T - the number of months of the expected period of payment of the old-age labor pension (clause 1, article 14 of this Federal Law); K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months. The standard duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by four months for each full year of age starting from 19 years, but not more than up to 180 months; KN -
the number of disabled family members of the deceased breadwinner who are recipients of the specified pension, established connection with the death of this breadwinner as of August 1 of the year in which the corresponding adjustment is made.

For children who have lost both parents, the amount of the insurance part of the labor pension in the event of the loss of a breadwinner is subject to adjustment in the manner provided for in this paragraph, based on the amount of the estimated pension capital of each of the deceased parents, not taken into account as of the day of their death.

When a person who is the breadwinner dies, this means that the family loses part of its impressive income. In order to at least somehow compensate for such a financial loss, the state has provided a special pension provision.

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It is also subject to regulation by legislation, like other types of insurance pensions. It is the law, as well as other legal acts, that contains the procedure and rules for assigning such benefits, what documents should be submitted, under what conditions and what the amount of such a pension is.

What it is

The insurance pension for those whose benefactor died while supporting family members is the provision of an insurance type pension.

It should be assigned strictly to those persons who are disabled citizens - members of the family of a deceased working breadwinner.

These may be minors, family members with physical or mental disabilities who cannot work either permanently or for a certain period of time.

For example, minor children can receive the insurance pension of their deceased father until he reaches not only the age of majority, but also other limits.

Thus, for students whose father has died, who are full-time students at a state educational institution, a pension will be assigned when they reach 23 years of age. As with any rules, there are also exceptions.

Such a pension cannot be assigned to citizens who are dependents, however, convicted of committing an intentional crime, which inevitably resulted in the death of the breadwinner.

The insurance part of the benefit is taken from the labor benefit - that which the deceased breadwinner managed to earn during his life.

The labor pension includes three parts:

• basic;
• insurance;
• cumulative.

The basic part refers to the state pension benefit. The second part is insurance, this is the main percentage of those contributions that his employer once made for the employee.

And the third - cumulative, also applies to part of the insurance contributions from the employer, only today they are either indexed and transferred automatically to the insurance part, if the policyholder did not manage to transfer it to a non-state fund institution before April 2019.

And if the breadwinner managed to re-register the accumulated part of the pension before his death in a non-state pension fund, then this part will belong to the heirs.

The survivor's insurance pension consists of the following parts::

• capital of the deceased (total for pension) for his insurance period labor activity– to determine the amount of the survivor’s insurance pension is always taken into account;
• basic pension amount state provision, fixed, which is always present in almost all types of pensions;
• an additional type of survivor's benefit may not be assigned in all cases;
• social benefits in the form of a pension may also not always be determined.

To summarize, we can say that the insurance pension assigned in the event of the death of the breadwinner to members of his family includes two parts - basic and insurance.

She represents monthly payments either until a certain age, when a family member can earn for himself, or for life if the family member is disabled.

Conditions of appointment

The general conditions for the payment and assignment of pension benefits to dependents after the death of their breadwinner are the following:

1. The established fact of the death of the breadwinner or his unknown disappearance, which is confirmed by relevant documents.
2. The deceased must have at least some insurance coverage. To do this, he must be registered with the Pension Fund as an insured person.
3. Recognition of one or another family member supported by the breadwinner as disabled, which must also be confirmed by documents.
4. Providing documents confirming that the dependent was supported by a breadwinner who recently died.

Survivor insurance pensions are paid in accordance with the law of December 28, 2013, the edited version came into force on January 1, 2019.

Article 10 of this legislative act spells out the conditions under which assignments are made to families who have lost their breadwinner.

This applies primarily to families who are recognized social protection in the Russian state, as low-income people, members of such families may be disabled citizens or dependents requiring regular financial assistance.

For disabled persons who are members of a family where the breadwinner died, the law defines:

• children of the deceased who are minors;
• brothers, sisters, grandchildren who are also under 18 years of age;
• studying children, grandchildren, brothers, sisters who are not yet 23 years old and continue to study in a state-type educational institution;
• minor family members who have already received a disability before reaching adulthood;
• minor citizens are allowed to receive the insurance pension of the deceased breadwinner if their parents or parent are disabled;
• guardians who have lost their breadwinner, support young children and themselves work for valid reasons;
• parents, grandparents or spouse of the person who died and was the breadwinner in the family who have reached 60 or 55 years of age;
• grandfather, grandmother, parents or spouse who have reached 60 or 55 years of age and have a disability;
• adoptive parents receive the right to switch to this type of support after the death of the breadwinner in the same way as natural parents, as well as adopted children, who receive the right to benefits on an equal basis with natural children;
• In relation to a stepfather, mother, stepson or stepdaughters, the law applies on the same basis as the laws for natural family members - they have the right to receive an insurance-type breadwinner's pension, but under special conditions.

Those who are assigned such a pension must necessarily fall into the category of persons who were dependent on the deceased breadwinner. Being dependent means constantly needing maintenance and help from the breadwinner.

Typically in Russia, dependents themselves also receive their social pension, as a benefit for disabled people or citizens in a weakly protected group of the population.

It is to them, those who already receive their pension, that the state grants the right in the event of the death of the breadwinner to transfer to his pension - an insurance pension, if it is larger.

In addition, even after remarriage, a widow or widower has the right to continue to receive the deceased spouse's insurance pension.

Only in this case should you first re-register the receipt of his insurance coverage in your last name, and only then remarry or get married.

After the dissolution of the second marriage or the death of the second spouse, the lost right to receive a pension for the first deceased spouse cannot be restored.

In total, the pension is assigned first to the children of the deceased (even adopted ones), then to the spouse, then to the parents, and after them it may be the turn of brothers, sisters, grandparents or grandchildren.

How to register

You can apply for a pension that once belonged to a deceased breadwinner at any time.

No deadlines limit those who have already entered into the right to receive or transfer to the pension provision of a deceased spouse, parent or breadwinner in a different social status.

In order to begin the process of registering an insurance pension in your name and surname, you will need to contact the territorial authority of the Pension Fund of the Russian Federation closest to your place of residence.

It is imperative to comply with the condition - the institution must be in the region, district, locality where you have permanent or temporary registration.

In addition to the Pension Fund of Russia, citizens on this issue can also contact the MFC - a multifunctional public service center.

For persons living not at their registration address, but at their actual place of residence, it is also allowed to apply to the territorial Pension Fund of the Russian Federation at their place of residence. When applying, submit an application in standard written form.

Other documents are also attached to it, which can either be handed over personally to the fund inspector or sent by regular mail - a letter with notification, registered.

If the legal successor of the insurance pension cannot move on his own (is disabled or ill for a long time, for example), then the law allows accepting documents from his representative.

In this case, it is important for the representative to also present a power of attorney certified by a notary. When you submit documentation by mail, then in this case the day you contact the PFRF will be the one indicated on the postmark.

For Russian citizens who stay outside the Russian Federation for some time and do not have temporary or permanent registration in Russia, they have the opportunity to submit a package of papers directly through the central Pension Fund of the Russian Federation. Such a fund is located at the capital's address: 119049, Russia, Moscow, st. Shabolovka, 4.

In addition, today the official website of the Pension Fund of Russia opens access to accepting documents in electronic form through its personal account.

Citizens registered on the website receive access to their personal account. To do this, you will need to go through all stages of registration with confirmation of an electronic signature and identification card, with the sending of passport data or a scan of your passport.

Required documents

The package of documents that will need to be presented to the Pension Fund for consideration of your case on the assignment of an insurance type pension in connection with the death of the breadwinner may contain both the personal data of the dependent and the evidence base of the fact of the death of the breadwinner.

Therefore, do not be surprised if, when accepting documentation, an employee of a government pension institution asks you to sign a document indicating your consent and approval of the processing of your personal data strictly within the framework of government agencies.

A package of documents should be prepared with the following content:

• with a request to assign a breadwinner's pension to the name of the insured person who is the legal successor. It is not drawn up arbitrarily, but must be written on a special standard form, which must be given to the applicant by government agency employees at the pension fund;
• a copy and original of a civil passport or residence permit, if the applicant does not have citizenship of any country or is temporarily residing in Russia under the status of “temporary residence” (not “temporary stay”, namely “temporary residence”);
• SNILS or a certificate confirming that the applicant is also an insured citizen;
• papers on the death of the breadwinner - certificate;
• evidentiary documentation family relations an applicant with a deceased breadwinner;
• papers that can confirm the insurance and seniority deceased breadwinner:
  • document on the duration of the insurance period;
  • orders, personal accounts, extracts from personal files, cards, certificates of periods of work from the employer;
  • any other documents that an employer usually issues when dismissing an employee.
• other documents that the Pension Fund employee may request for additional confirmation of a particular factor.

If you manage to deliver all the necessary additional papers to a specialist at the Pension Fund within 3 months from the date of filing the application, then the date of application to the fund for the assignment of a breadwinner's benefit will be determined by the date indicated in your application.

By law, your application must be considered no later than 10 days (working days), if you have brought all the necessary documents.

All documentation that a Pension Fund specialist has the right to require is defined in specially developed Regulations approved by the Order of the Ministry of Labor of the Russian Federation dated March 28, 2014.

Conclusion

A document such as a conclusion on the assignment (recalculation) for payment of an insurance pension in connection with the loss of a breadwinner may be needed when you are going to apply for it through the government service website.

The design algorithm there is as follows:

1. First, the site visitor must make sure that he is an insured citizen.
2. Then you should register on the State Services website.
3. After this, you should fill out an application on the form that is available on the website. It can be found through your personal account.
4. All necessary electronic documents are attached to the application.
5. After all the data has been entered and a package of documents has been sent, the system will process your request through the database of the Social Security Administration of the Russian Federation.
6. When your request is approved, you will see in your personal account that the status of your request will be changed. If the application is rejected, the status will also change to appropriate, only additional information will be added to it about what needs to be corrected for the next application.
7. After everything has been successfully completed, you will be sent by e-mail or regular mail (depending on what you indicated in the application, in the method of sending you documents) a conclusion that confirms the appointment to you pension payments– pensions of the deceased breadwinner.

Subjects of the survivor's insurance pension can always familiarize themselves with all the results of their request in the personal account of the State Services portal.

If you refuse, of course, the conclusion on the assignment of insurance pension benefits due to the loss of a breadwinner will not be sent.

Basically, they can refuse if a citizen asks to issue two pensions - his own pension and the person who was dependent on him during his life.

In addition, any discrepancy in the documents or discrepancy with reality is also a reason for refusing to grant such an applicant an insurance pension.

Amount of insurance pension in case of loss of a breadwinner

When calculating a social-type pension for those who have lost their breadwinner, so that they can receive his pension, a special formula is applied. According to the law, the size of the pension assigned in connection with the deceased breadwinner is established different variants. It all depends on the categories of persons who are going to receive a breadwinner’s pension.

You can mark the list of categories of legal successors and the amount of their pensions:

Such special categories of persons who live in underdeveloped areas or dangerous areas will always receive a pension taking into account those coefficients that are recognized by federal laws in their region.

As a rule, such coefficients significantly increase the size of the pension. For example, residents of the Far North may receive an increased pension due to the harsh living conditions in this region.

If you need to start processing an insurance pension for a breadwinner who has died, you should remember that the deadline for submitting an application to the Pension Fund in this case is not defined by law. This means that the application can be submitted at any time.

The collection of documents should be done in advance so that the Pension Fund does not refuse to assign security the first time.

Also, due to changes in pension legislation regarding the funded part of the benefit, the amount of the insurance payment for the loss of a breadwinner will fluctuate, depending on where the “owner” of his pension has allocated the funded part.

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation.

2. The following are recognized as disabled family members of the deceased breadwinner:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in basic educational programs in organizations providing educational activities, including in foreign organizations located outside the territory of the Russian Federation, until they complete such training, but no longer than until they reach the age of 23 or children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they are under the age of 18 years old became disabled. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not who have reached 14 years of age and are entitled to an insurance pension in the event of the loss of a breadwinner in accordance with paragraph 1 of this part, and are not working;

3) parents and spouse of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled;

(see text in the previous edition)

4) grandparents of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation are obliged to support them.

(see text in the previous edition)

3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years.

5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to an insurance pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood.

6. Disabled members of the family of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner.

7. The insurance pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.

8. Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children on an equal basis with their own children. Minor children entitled to a survivor's insurance pension retain this right upon adoption.

9. The stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as their own children if they were raised and supported by a deceased stepfather or deceased stepmother.

10. The insurance pension in the event of the loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death, with the exception of cases provided for in part 11 of this article.

11. In the event of a complete lack of insurance experience at the deceased insured person or in the event of a criminal offense committed by disabled family members of the deceased breadwinner that resulted in the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with Federal Law dated 15 December 2001 N 166-FZ "On state pension provision in the Russian Federation".