When a pensioner dies, citizens who are his successors have the right to receive the savings remaining from the deceased. It does not matter on the basis of which Fund the funded pension is formed (PFR or NPF), the right to receive financial resources remains unchanged. Let's consider what it is and how to receive the funded part of the pension of a deceased relative or other person.

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

A funded pension is one of the elements of compulsory pension insurance, formed through deductions from a citizen’s earnings.

Pension savings include:

  1. Cash contributions paid by employers for each employee.
  2. Funds transferred by users independently, or monetary resources transferred to the fund by the state as part of co-financing.
  3. Investment profit if the user's funds take part in one of the savings programs.
  4. Maternity capital, if the recipient decides to transfer it to form the funded share of the pension.

The legislator established that in a situation where the insured person died before the moment when he was assigned payments of pension savings, or while in retirement he continued to make labor activity, paying all contributions, then his heirs have every right to claim the indicated payments as part of the inheritance procedure. Therefore, savings may well be an inheritance.

Everything is regulated in accordance with clause 12 of article 9 of Federal Law-173. The rules for spending pension savings after the death of a husband or other relative are described in detail here. In addition, it is noted that only certain groups of successors will have the right to inherit accumulated funds.

Succession of pension savings

If the deceased kept his savings in the Pension Fund or Non-State Pension Fund, but did not live to see his pension, according to the current norms of the legislative framework, his funds will be transferred:

  • Persons identified in the application submitted to the Pension Fund or Non-State Pension Fund during the citizen’s lifetime;
  • For users who are heirs by law.

Legal successors are a line of relatives claiming the material assets of the deceased. Initially, first-degree relatives, namely the husband (wife), parents and children, apply for savings. If the deceased does not have relatives of the 1st stage, then the right of inheritance passes to the subsequent stages.

Note that there are categories of users who, in any case, have the right to a guaranteed portion of the funds. We are talking about citizens who are fully financially supported by the deceased (dependents).

However, they will have the opportunity to receive money provided that with the death of the user they have lost their only source of livelihood.

Registration of inheritance for labor pension

Registration of an inheritance for a labor pension will be carried out in accordance with the current norms of the Russian legal system. This issue is regulated in accordance with the provisions of Russian Government Decree No. 471.

The algorithm for registering an inheritance will consist of the following points:

  1. Collection and preparation of the necessary documentary support.
  2. Contacting the authorized structure.
  3. Submission of documents and applications.
  4. Waiting for a response from the authorized body.
  5. Transfer of money to the applicant’s details.

How to bequeath the funded part of a pension

The testamentary process is an expression of the free will of a citizen. And therefore, several citizens may be indicated in the application. Family ties will not be taken into account, and according to the will, the citizen has the right to name any user as an heir.

If there is no will, the inheritance of accumulated pension savings will take place on a general basis within the framework of priority.

How to receive the pension savings of a deceased person

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

According to clause 1, part 1, article 25 of Federal Law No. 400 “On Insurance Pensions,” the Pension Fund of the Russian Federation cancels the payment of the insurance pension and additional payments to it from the 1st day of the month following the date of death of the user. So, if a pensioner died on October 9, 2017, then the termination of insurance pension payments will be dated November 1, 2017.

The accrued amounts of the insurance pension that were due to the pensioner and were not paid to him will be transferred to family members who, at the time of death, were constantly living with the pensioner. Article 26 of the Federal Law-400 provides a complete list of persons who may qualify for payment:

  • at the time of death they were constantly living with the pensioner;
  • family members recognized as disabled;
  • users who applied for the unreceived amount of pension no later than before the expiration of 6 months from the date of death of a relative.

If several citizens apply for an insurance pension, the payment amount will be distributed among them in equal proportions.

As for such a process as inheriting the insurance part of a pension, this is impossible.

Procedure for inheriting the insurance portion of a pension

Insurance part of pension it is impossible to inherit a priori, therefore no person can claim to receive it.

The only payment that will be available to relatives is the unpaid pension of the deceased, as well as additional payments to it.

However, if the deceased was dependent on a disabled close relative, for whom the only source of income was the financial support of the deceased, then there is the option of applying for a survivor’s pension.

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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 rely:

  • 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. Usage maternity capital- if it was sent to the funded pension of the child’s mother, then after the woman’s death the child’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. Issuing 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;
  • basis for receiving pension payments(for example, a statement of 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;
  • proof family relations with a 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 Russia(hereinafter referred to as the Pension Fund) or in Non-state pension fund(hereinafter referred to as NPF).

From January 1, 2009, for citizens who voluntarily entered into the state co-financing program, 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 to see retirement age or, having retired, 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.

Pension savings of citizens who have entered into state program co-financing are inherited not only in the part consisting of the transferred insurance premiums, 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 can 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 (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, 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 after 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 (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 (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.

The funded part of a citizen’s pension is his property and is subject to inheritance, but it is better to transfer the savings to the heirs not through a will document, but to receive instructions from the Pension Fund of the Russian Federation.

In case the accumulations labor pension, which was assigned before January 1, 2015, or a funded pension that was assigned after the above date, were determined to the citizen, they cannot be inherited.

The law only allows payments to heirs based on the unpaid part of the funded pension after the death of the citizen to whom the state assigned this pension.

Cash payments that are paid from the individual account of the deceased pensioner, who was insured in advance and confirmed the transfer of part of the pension savings to invest the funded pension, become inherited property. It should be understood that any transfers of funds to increase the income portion of the insurance pension are not subject to inheritance.

Any proceeds to replenish the funded pension are initially under the control of the Russian Pension Fund, but these funds can be transferred to non-state funds that ensure the safety of citizens’ contributions and set a higher percentage of return on deposits compared to the Pension Fund.

By law, money placed in a non-state pension fund or Pension Fund is subject to inheritance if it is funds located in savings accounts.

At the same time, the difficulty of inheriting pension savings arises, which lies in the fact that all savings can be received by applicants for inheritance only if the pensioner did not live to receive this particular part of the pension. And if a citizen has received at least one annuity payment under the funded part of the pension, then it is considered that the subject of inheritance no longer exists.

This system of accruals and payments needs to be understood in more detail, since all actions with money are based on the principle of an insurance deposit and payments on it.

In Russia, the old-age pension (the labor part of the pension) and its separate funded component are transferred to citizens who have reached the conditions for retirement for the rest of their lives. In fact, all retirees live a different number of years after retirement. The average period of residence after retirement (survival period) was calculated, which is nineteen years.

But citizens who retired due to health or illness rarely live that many years, and a small part of pensioners live longer. From a practical point of view, pensioners who did not live average age survival after retirement, finance those who have crossed the average age of survival.

During their lifetime, citizens can themselves indicate the persons who will be entitled to receive pension savings after the death of the pensioner by filling out a special application form at the branches of the Pension Fund of the Russian Federation. In the absence of such an expression of will on the part of the pensioner, potential heirs have the right to independently contact the Pension Fund of the Russian Federation with a request to receive payment for the funded part of the deceased pensioner.

If the pensioner did not leave a will with precise instructions about which of the heirs should distribute what, then each legal heir can claim on a general basis to inherit the funded part of the pension of the deceased pensioner.

If there is no information about the death of the testator who left a will, the heirs will be notified by employees of the Pension Fund if the citizen left an application indicating the persons who will be able to receive payments.

If there is no application, the citizen has died and pension savings remain, then potential heirs have the right to apply to the Pension Fund Russian Federation independently with a request to check the accounts of the deceased pensioner in order to find out whether there is an accumulative unspent part of the pension or not.

If it turns out that there is a funded component, then the heir must submit an application to the Pension Fund within six months to receive the funded component of the deceased pensioner’s pension. The application form and sample can be found at any branch of the Russian Pension Fund.

How to inherit a pensioner's savings funds?

In the event of the death of a pensioner, his close relatives and spouses can claim to receive an extreme amount, which will be transferred as a final payment in the name of the deceased pensioner. IN in this case It does not matter whether the pensioner receives a labor pension.

The law does not regard the last transfer of funds from a pensioner’s pension account as an inheritance; in order to receive the money in their hands, the heirs will have to contact the regional branch of the Pension Fund of the Russian Federation.

To confirm the right of the heirs to receive the funded part of the pension of a deceased citizen, it is necessary to visit the Pension Fund and write an application according to the sample provided by the Pension Fund employees.

To receive the funded portion of your pension, you must submit several documents to the Pension Fund:

  • Papers on the basis of which one can assert the degree of relationship between the heir and the deceased pensioner;
  • SNILS of a pensioner;
  • The personal account number of the heir to which funds must be transferred from the pensioner’s personal account to the Pension Fund of the Russian Federation;
  • It is necessary to provide a death certificate, which will indicate the exact date of death of the pensioner.

The heirs need to draw up an application to the Pension Fund and prepare documents no later than six months from the date of death of the pensioner; if the deadline is missed, then it must be restored by the court.

If the period for entering into an inheritance expires, you need to think and calculate whether it makes sense to go to court and spend money on legal costs. If the amount claimed by the heirs is significant, then it makes sense to file a lawsuit.

If the documents are submitted to the Pension Fund, then the decision must be waited within five working days on the satisfaction of the request to pay the funded part of the pension of the deceased citizen or on refusal.

Any decision made by the Pension Fund of Russia is sent by mail to all heirs who have claimed rights to the funded part. Payments are made by transferring funds from the Pension Fund to the personal account that the applicant attached to the application to the Pension Fund within six months.

What funds are subject to inheritance?

As for not state pensions, the accumulation of which occurs through NPF, they are subject to inheritance.

The inheritance procedure in various non-state pension funds can be carried out in two options:

  • At the time of signing an agreement with the NPF, the citizen independently indicates the list of persons who will be considered heirs and distributes the share of each heir at his own discretion. In this case, inheritance will take place according to the principle of testamentary inheritance, if heirs are not specified, then in the order of legal inheritance of property;
  • In addition to the agreement with the NPF, the citizen applies to a notary office and, in the presence of a notary, draws up a will, in which he indicates to the heirs to receive the funded part of the pension in the NPF and distributes the shares of the heirs by percentage at his own discretion.

How to properly inherit a pension from a non-state pension fund?

It is much easier to legally inherit a pension from non-state funds than to claim the funded part of a pension at the Pension Fund.

Inheritance of a pension from a non-state pension fund occurs in the following order:

  • After the death of a pensioner, it is necessary to submit an application within six months to the NPF, where the money was transferred by the pensioner;
  • It is necessary to familiarize yourself with the rules of inheritance and payments that are specified in the agreement with the specified NPF, then calculate the amount of savings that the heir has the right to claim;
  • If the heir is familiar with the procedure and amount of payments and agrees with them, then it is necessary to confirm the consent in writing and receive the money in hand.

Inheritance of pensions from non-state pension funds occurs in two ways: under a non-state pension provision agreement or under a compulsory pension insurance agreement.

If the inheritance of a pension from a non-state pension fund takes place on the basis of an NPO agreement, then the amount of pension accumulation is recognized as inherited property on a general basis; the execution of the agreement will be regulated by the norms of civil law based on the clauses of the NPO agreement itself.

This type of agreement can be re-signed to the successor of the funded pension in a non-state pension fund so that the agreement can be continued, or the heir can demand termination of the agreement and take the money.

To summarize, it is necessary to understand that in order to receive one-time payments to the Pension Fund, the funded part of the pension of a deceased pensioner, or to take ownership of funded pensions in a non-state pension fund, you must first submit an application to a notary to enter into an inheritance within six months after the death of the pensioner.

If the deadline for filing an application for inheritance expires, it will be difficult to receive the funded part of the pension.

Pension- this is a monetary payment that citizens receive monthly from the state or non-governmental organizations when they have such a right in accordance with the norms established by law, such as compensation for earnings or income lost due to various reasons: citizens reaching retirement age (old age) or length of service (long service) years), onset of disability, loss of a breadwinner, as well as in other cases.

All types of state pensions are subject to inheritance, unpaid by the day of death of a citizen of retirement age.

Laws on the basis of which inheritance occurs

  • first, heirs according to the law of the first priority (subject to the absence of a will);
  • further, heirs of subsequent orders - in the absence of previous heirs, or in the case when they refused to accept the inheritance or were deprived by the testator of the right to inherit.

Payments of inherited pension amounts to heirs of the same line are distributed evenly in equal shares to each of them.

The testator can express his will and, at his own discretion, dispose of the pension funds, that is, savings in the event of his death. before retirement. To do this, he must either leave the corresponding statement, or do it at a notary will. In such cases, all payments due to him during his lifetime are inherited by the persons indicated in the application or will.

In practice, there are often cases when notary offices, immediately after the death of a pensioner, issue relatives with an order to pay the funeral expenses of the deceased at the expense of unpaid pensions, which is unlawful. These expenses and a number of other expenses are reimbursed only at the expense and within the limits of the value of the inherited property.

Types of pensions for which the unpaid part can be inherited

There are several types of labor pension.

  • Insurance pension. This includes pensions for old age, disability or loss of a breadwinner.
  • Funded pension.
  • Basic pension. This is a state pension pension provision, which includes pensions for long service, old age, disability and loss of a breadwinner, as well as social.

The basic amount of the insurance part of the pension is fixed. This is the established minimum amount of state benefits in connection with lost earnings, equal for everyone. This part of the pension is not subject to inheritance.

If the insured citizen does not live until the time when the accrual and payment of the insurance part of the pension should begin, then with these amounts financing of survivor's pension is provided, which is assigned to close relatives of the deceased in the order of priority established by law. If the death of a pensioner occurred when he was already receiving insurance part pension, then its unpaid amount is included in the solidarity system to finance current pension payments.

  • Heirs upon application the specified pension savings are persons who were identified by the deceased while still alive, and included in the corresponding application left with the Pension Fund at the place of residence.
  • Heirs by law The funded part of the pension is the relatives of the deceased person, payments to whom are made regardless of their age and ability to work, in accordance with the order of succession established by the Civil Code of the Russian Federation.

Deadline for submitting claims for payment of the unpaid part of the pension

To receive the unpaid pension of a deceased relative/breadwinner to eligible persons, it is necessary to collect a package of required documents and present them within the period established by law.

Conclusion

  • The unpaid pension of a deceased pensioner is included in the inheritance if the persons entitled to do so within the period established by law did not make any demands to receive them.
  • Subject to inheritance all types of pensions unpaid at the time of the pensioner’s death, as well as part of the pension savings not accrued before his death.
  • The legislation defines the circle of persons entitled to receive an unpaid pension.
  • The deadline for submitting claims for payment of unpaid pensions has been established, which is four months from the date of death of the pensioner(according to the Civil Code of the Russian Federation) and six months (according to Federal law No. 173-FZ).

Disabled citizen V. and his son R. - disabled since childhood - lived with their maternal nephew O. for about nine years. Since O. was lonely - his father was deprived of parental rights when he was still small, his mother and wife died, the children had long gone to live abroad and were not interested in their father’s life, he had no siblings, he took him in for the support of a disabled uncle and his son. A year ago, O. retired and was awarded a fairly decent pension. But it so happened that O. suddenly died. His brother immediately showed up (his father’s son from his second marriage) and began to claim his rights to receive the unpaid amount of his deceased uncle’s pension. Therefore, V. is interested in the question, which of the two has preemptive right to receive the specified cash payments, taking into account kinship and other factors?

Answer

Clause 1 of Art. 1183 of the Civil Code of the Russian Federation provides for a circle of persons who have a pre-emptive right to receive unpaid pension amounts due to him on the day of death of the testator. These also include family members of the deceased pensioner who lived with him, as well as his disabled dependents, regardless of their cohabitation. In this situation, except for the disabled citizens V. and R., who were dependent on the deceased relative, there were no other family members living with him. Therefore, the only ones who have the right to receive an unpaid pension are the disabled dependents of V. and R.

The brother of their father who died from his second marriage has shown up and has no right to do so. And not only because he did not live with him, but also because. the father was at one time deprived of parental rights in relation to O. Therefore, neither the father of the deceased, nor even more so his son from his second marriage, can claim O.’s unpaid pension and his property in general.