Monthly survivor benefits. Survivor's benefit: payment terms and methods of registration

The untimely death of a relative, unfortunately, leaves not only the pain of loss, but also unpaid bills, as well as a decrease in the financial capabilities of the family due to the loss.

That is why, in a number of cases, social support is provided at the state level for certain categories of persons who, due to the loss of a breadwinner, need both additional financial support and certain benefits.

The legislative framework

In fact, the allowance is social assistance provided at the state level from the federal budget to categories of persons who, due to certain circumstances, need financial support. And the benefit for the loss of the main breadwinner is one of the types of such support, the provision of which is regulated by the norms of Federal Law No. 400.

In particular, Article 10 of Federal Law No. 400 states that if a deceased citizen, was the sole breadwinner of the family consisting of disabled citizens or had a dependent who, due to some circumstances, cannot provide for himself on his own, relatives left without a livelihood will be granted a pension, in the manner and under the conditions established by law.

It should be noted that the specified type of social assistance is intended not only for blood relatives who, for obvious reasons, could qualify for support from a relative, but also for other persons recognized as family members in the form of cohabitation and housekeeping. That is, in fact, even a former mother-in-law can be a family member if she lived with her daughter-in-law and received financial support from her, for example, in view of old age.

However, there are exceptions in this situation, in particular, on the basis of paragraph 1 of Article 10 of the Federal Law No. 400, regardless of consanguinity, as well as belonging to the family of the deceased, pension cannot be awarded if the death of the breadwinner was caused by the illegal actions of his dependents, proven in judicial order. That is, if the same retired wife or disabled son beat his father, as a result of which he died, the allowance will be denied.

To whom and in what cases this

As a rule, in financial support from the state need faces who cannot provide for themselves on their own due to certain circumstances beyond their control.

For example, these categories are:

• minors who, due to their age, are unable to find a job;
• disabled people, who, although, but the minimum, which, accordingly, cannot provide them with their previous standard of living;
• elderly relatives who also receive a pension, but without the support of relatives, may also need additional funding for expenses.

In particular, the untimely death of a person who provided full or basic financial support, or his recognition as missing in the manner prescribed by law, as well as documentary evidence of family ties or affiliation to the family, which includes:

• children, brothers and sisters, as well as grandchildren of the deceased, who during the life of the person were dependent on him and at the time of death had not reached the age of majority, as well as if they became disabled before the age of 18;
• adult children and relatives, but only if they are studying at a university in a hospital and have not reached the age of 23, and also do not have parents of working age;
• one of the spouses, parents, grandparents, but only if they are dependent on close relatives of the deceased under the age of 14, in particular, small children or brothers, sisters, even if the relatives caring for them receive a salary or retirement in view of achievement retirement age;
• parents and spouse, but only if they have reached retirement age and have lost their main source of subsistence, regardless of the time that has passed since the death of the breadwinner;
• grandparents who are pensioners or disabled, but on the condition that the deceased was their only relative and breadwinner who was obliged to support them or provide assistance in accordance with the norms of the Family Legislation of the Russian Federation;
• adoptive parents and adopted children, as well as a stepmother and stepfather, have the same rights that are assigned to natural children and parents, but only if supporting documents are provided.

Calculation procedure and amount

In accordance with the norms of Federal Law No. 400, the amount of a pension of any kind, first of all, depends on work experience, and, accordingly, from transfers to the Pension Fund. The pension for the loss of the main breadwinner is no exception, which has a direct relationship between the length of service of the deceased and the amount of the pension that will be assigned to his dependent.

In particular, the size of the pension in a similar situation on the basis of Article 15 of the Federal Law No. 400 will be calculated based on the following components:

• IPC (individual pension coefficient of the deceased);
• coefficient point value.

If the breadwinner at the time of death did not have an official job, and experience too, his dependents will be assigned in accordance with Article 11 of the Federal Law No. 166 and in the amount established by Article 18 of the Federal Law No. 166, depending on the disability group. And 50% of the fixed payment will be added to the agreed payment. From January 1, 2019, the amount of the fixed payment to the old-age insurance pension, taking into account indexation, is 5334 rubles 19 kopecks.

Separate calculation procedure survivor's pension intended for relatives military personnel who died or were declared missing while on duty. In particular, Article 36 of the Law of the Russian Federation No. 4468-1 states that the amount of the pension will be calculated in proportion to the monetary allowance of the deceased serviceman, namely, in the amount of 50% of all amounts due to the employee at the time of death, but taking into account the norms of Article 43 Law of the Russian Federation No. 4468-1.

It should be noted one more feature, in accordance with the norms of the law, namely Article 4 of the Federal Law No. 400, when obtaining the right to two types of pension at the same time for different reasons, it is possible to receive only one pension at the choice of the recipient. That is, if after the death of the father a disabled child remains, he can receive a pension only for disability or for the loss of the main breadwinner of his choice, of course, depending on the size.

Features of calculation and payment in various situations

If the procedure for calculating a pension in connection with the loss of a breadwinner is established as a single one, then the calculation, as well as some conditions, vary, due to the fact that the specified type of financial assistance is intended for different categories of persons with different social rights given by the state.

For example, with the loss of two parents, to calculate child's pension, the summed IPC of both parents, multiplied by the established value of the point, will be taken into account.

If there are two children

If two small children are left without a breadwinner, then in accordance with paragraph 4 of Article 15 of the Federal Law No. 400, they will be entitled to a pension in the amount specified above for each.

Child over 18

If the child of the deceased has already reached the age of majority, the death pension of the main breadwinner is not established for him, unless he or she study at the daytime department of the university. In this case, this type of allowance is calculated by him based on the above procedure, but only until the end of training, but not more than up to 23 years.

Step by step procedure

The state guarantees the right to receive a pension in connection with the loss of the main breadwinner, all of the above categories, but only subject to certain conditions, as well as on the basis of submitted documents.

Where to go

As a rule, this type of grant is assigned in the Pension Fund at the place of residence claimant, and for any reason, is no exception and survivor's pension. In particular, no matter in which region of the Russian Federation the deceased family member lived or served, a pension can be issued at the main place of residence of the applicant, but only if there is a permanent or temporary registration and upon submission of a certain package of documents.

But first, the applicant submits an application on the basis of clause 17 of the Order of the Ministry of Labor of the Russian Federation No. 14n, which approved the regulations for the provision of public services, which, in fact, is the accrual of a pension of this type. The application does not have an established form and is filled in in a free form, with a request to calculate a pension on the basis of the submitted documents that are attached.

List of required documents

To the application on the basis of clause 10 of the Order of the Ministry of Labor of the Russian Federation No. 958n, as well as clause 26 of Order No. 14n need to apply:

• documents proving the identity of the applicant and his representative, if the pension is intended for a minor child;
• documents confirming age, place of residence;
• death certificate;
• all documents confirming the experience of the deceased;
• documents confirming family relations or being dependent;
• documents confirming the applicant's residence on the territory of the Russian Federation.

That is, you need to confirm all the conditions for assigning a pension, depending on the category.

Let's say at pension accrual little child you will need:

• birth certificate;
• mother's or representative's passport;
• death certificate.

If the pension in case of loss of the main breadwinner will be assigned elderly parents, then you will need to submit your own documents on the issued pension, including its size, certificates of costs, for example, for treatment and an application for transfer to a pension of the agreed type, if its size is larger than the old-age pension.

Payment terms

Article 22 of Federal Law No. 166 states that a survivor's pension can be applied for at any time, but only after the right to the agreed type of pension has arisen. For example, after the death of a retired husband, with the support of children, an elderly woman may not need a survivor's pension, but something can also happen to her children, and the woman will no longer rely on anyone other than the state, even if after death Several years have passed.

But the accrual and payment of pensions is already made on the basis of Article 23 of the Federal Law No. 166, which states that payment is made from the 1st day of the month in which the citizen applied for this type of benefit personally or through his representative in accordance with the application and submitted a package of documents.

What are the benefits for children receiving survivor benefits?

In addition to the survivor's pension, certain categories of citizens are entitled to certain social benefits.

In particular, on the basis of Articles 6.1-6.2 of Federal Law No. 178 children with disabilities, as well as the families of fallen soldiers the following benefits have been established:

• security medicines on the basis of a prescription for the necessary treatment or assistance;
• provision of vouchers for sanatorium treatment;
• free travel by suburban and railway transport to the place of treatment and back.

The children who lost both parents and are orphans, a list of benefits is established, determined by the norms of Articles 6-10 of the Federal Law No. 159. In particular, children have the right to receive:

• education in universities at the expense of budgetary funds;
• free medicines and medical care;
• housing from a specialized fund;
• unemployment benefits within 6 months from the date of graduation, but subject to registration with the Labor Exchange and job search;
• free legal assistance in case of violation of the rights of an orphan child.

Legislative innovations in 2019

Russian citizens who receive or are just planning to apply for survivor's pensions need to know about following legislative changes in 2019:

1. The fixed payment to the insurance pension in case of loss of a breadwinner is set in the amount equal to 2,667.10 rubles.
2. The insurance part is formed as the product of the number of accumulated pension points and their value in the current year. The number of points is calculated according to a complex formula and depends on the length of service and the amount of accrued wages. The cost of 1 pension point from 01/01/2019 is 87.24 rubles.
3. At death individual who is in military service, his family members can count on a double social pension, fixed at the level of 10,068.50 rubles. From 04/01/2018, an allowance in the amount of 372.03 rubles was made to this sum.
4. If the death of a soldier did not occur during the performance of official duties, then members of his family can count on a social pension in the amount fixed at the level of 7551.38 rubles. From 04/01/2018, an allowance in the amount of 279.40 rubles was made to this sum.
5. Widows of military personnel can count on an increase in pension payments in the amount of 240 rubles.
6. From April 1, 2018, social pension payments by 3.70%.

For more information about this type of state aid, see the following video:

Survivor's Benefit - insurance or social benefits that may be claimed by family members who have lost a breadwinner. This type of payment is provided to support vulnerable segments of the population who have lost their financial security.

Insurance compensation - payments that are made on a regular basis, monthly and imply compensation in financial terms for the work and official duties of the deceased breadwinner. Social payments - form social security.

General provisions

Support for survivors is provided at the state level and is regulated by federal laws. Close relatives, as well as their guardians, can count on it.

Important! A representative of minors and disabled citizens may apply for a pension at any time from the moment such a right arises. The category of representatives includes parents, guardians, trustees, adoptive parents.

The legislative framework

Features of the procedure for the appointment and payment of this type of compensation are regulated by the action of federal legislative acts:

• “On insurance pensions”, Law No. 400-FZ (December 28, 2013);
• “On State Pension Provision in the Russian Federation”, document under 166-FZ (12/15/2001);
• "On the provision of pensions for military personnel, as well as members of their families", No. 4468-1 (02/12/1993).

These legislative acts define:

• a list of persons who can claim the right to benefits;
• conditions for calculating pensions for certain categories of deceased citizens. For families of civil servants, military personnel, employees of the flight test industry, participants in the military war, different conditions appointment of assistance from the state;
• the amount of payments;
• indexation and payment procedure;
• features of receiving bonuses for years of service.

Types of pensions:

• insurance, for relatives of workers, the seniority of the trustee must be confirmed (official employment);
• military, for members of the military family;
• social, provided for dependents of a citizen, without official insurance or work experience;
• state, this is a type of support for children of dependents of those people who have become victims of a disaster of man-made or radiation origin.

The legislation of the Russian Federation provides for the appointment of a pension to citizens who pay insurance premiums and retired. For a category of persons who are dependent on them, an insurance benefit for the loss of a breadwinner may be assigned.

Who will be compensated?

Depending on the area labor activity the deceased breadwinner, age and living conditions of his family, the state provides for different categories of payments. Consider the main types:

1. Minor children and other close relatives (brothers, sisters). After the dependent reaches the age of 18, the accrual of assistance stops.

Information note! To extend funding until the age of 23, students of a day hospital of any educational institution are entitled.

Attention! Relatives of the deceased breadwinner can count on lifelong state support if they received a disability before the age of majority.

1. Adopted children. The calculation of compensation payments for this category is carried out in the same manner as when calculating pensions for native children.
2. Disabled parents. This refers to the retirement age, disability of citizens. Men over 60 and women over 55, as well as citizens who have confirmed their disability, can claim their right to financial support.
3. Relatives who have become guardians for minor dependents. Payments stop when the child grows up to 14 years of age.
4. Relatives caring for disabled relatives of a deceased person.

Important! Persons who provoked the death of the breadwinner by their purposeful actions or inaction are deprived of the right to an insurance pension. This fact requires installation and proof in court.

Application procedure

An applicant applying for compensation payments applies to the department pension fund at the place of accrual of the pension to the deceased trustee. He must provide the employee of the institution with a complete package of documents. If this set is incomplete, then he will be provided with clarifications from the representative of the fund. An adult citizen or his representative (parent, guardian, custodian) can claim his right to a pension.

Payment terms

This type of payment will be paid in the following time periods:

1. In the standard procedure, payment is assigned from the moment a full package of documents is submitted to the territorial branch of the PFR.
2. The accrual period may be changed in favor of the applicant if he filed an appeal earlier than the one-year period for the death of the breadwinner has expired. In this case, the pension will be assigned from the date of death.
3. Pension payments cannot be paid for a period exceeding one year before the representative applies to the territorial body.
4. The application is submitted in person, sent by mail or via the Internet.
5. In the event that the applicant for payments has not presented all the documents, he can provide the missing papers within three months. Then the pension will be accrued on a general basis, from the moment of a written request.
6. Charges are made monthly. The FIU must be informed of the occurrence of circumstances providing for the termination of payments.
7. In automatic mode, compensation is stopped if the child has crossed the 18-year threshold and has not submitted a certificate of entry into an educational institution.

Important! If lump sum is paid to the family on a one-time basis, then the insurance pension is assigned on a regular basis. Until the child reaches the age of 14 (pension for guardians), until the age of majority (children, brothers and sisters), up to 23 years (students), for life (disabled relatives).

Social pension

The state has the right to appoint the payment of social benefits for the relatives of the deceased breadwinner even in the absence of the last seniority. Also, this type of benefit is provided for cases where insurance premiums were paid, but the death of a person occurred as a result of the illegal actions of one of the dependents. Social pension paid by the state as support for minor children and students under 23 years of age. Children of single mothers and fathers can apply for it. The law provides for a fixed amount of pension, which is reviewed annually and can be increased taking into account indexation.

Starting from 2001, according to the law that came into force, in our country a pension for the loss of a breadwinner is accrued and paid. This type of social security is due to persons who have lost their main source of livelihood as a result of the death of a relative who they depended on. The pension is divided into several main types, and the amount of its accrual will depend on whether the deceased had a disability, formal labor relations and his profession during his life.

Existing types of survivors' pensions

All such pensions paid to citizens of the Russian Federation are assigned in order for the state to compensate for part of the income of the deceased or the deceased, who during his lifetime supported dependents or was the only family member who had a source of income.

Survivor's pension exists in three different types, each of which has calculation features, accrual conditions, as well as grounds for obtaining:

• Social. It has fixed size, which is determined in accordance with the subsistence minimum in the Russian Federation for this moment and the presence of other breadwinners. Disabled family members can receive it, regardless of whether their relative worked during his lifetime and whether he had special merits before the state;
• Insurance. It can be accrued only if the deceased worked and in the process of receiving his income, prescribed by law contributions to the Pension Fund of the Russian Federation. Moreover, the regulations do not limit the duration of his work experience - even if he worked for only one day, relatives can count on the payment of benefits of this type;
• State (military). The right to accrue it arises if the deceased citizen was an astronaut or cosmonaut, a military conscript or contract, or a participant in the aftermath of the accident at the Chernobyl nuclear power plant.

All survivor's pensions laid down by the state will be calculated taking into account a number of factors, as well as the reasons why each individual citizen has the right or opportunity to qualify for the appointment of a monthly state benefit.

It should also be understood that in order to receive a pension, you will need to provide Required documents, the list of which may differ depending on the basis for its appointment, otherwise cash will not be charged.

Survivor's insurance pension. Regulatory articles of the law and the main points of accrual

The grounds and procedure for calculating the insurance pension for the loss of a breadwinner is regulated by the following regulations and laws:

• Articles 50-76 of the Law of the Russian Federation "On state pensions in Russian Federation»;
• Articles 42-45 of the Civil Code of the Russian Federation.

When determining the possibility of receiving a survivor's pension, it is necessary to have a basis for calculating it. In this case, the basis will be:

• death of a relative, who was a citizen of the Russian Federation, who was dependent on the applicant;
• the applicant has citizenship of the Russian Federation (or residence permit);
• belonging to the applicant monthly allowance to a certain age and social category;
• the presence of family ties with the deceased and the absence of other sources of income. Persons who, due to health and age, are able to work and receive wages, will not be able to count on receiving a pension.. When applying, you will need to provide documentary evidence of the impossibility of entering into an employment relationship to receive a full salary - only in this case the state will be able to allocate the required financial assistance;
• the deceased's work experience.

Terms of appointment

The following relatives may apply for an insurance pension in the event of the death of the breadwinner:

• Children of the deceased (both relatives and officially adopted) or grandchildren. The main condition for accrual is that during the life of the breadwinner they existed at the expense of his income and at the time of his death they did not reach the age of majority. It is also possible to apply for an insurance pension if the child was assigned a disability group before reaching the age of 18;
• Children of the deceased or relatives aged 18 to 23. The condition for obtaining is the absence of both parents who are able-bodied, or the passage of training at the full-time department of an institute, university or technical school;
• The spouse, parents, and grandparents of the deceased. They may qualify for benefits if they support close relatives of the breadwinner who are under the age of 14 - these are his brothers, sisters or children. The decision to accrue a pension will not be influenced by whether they receive their main income in the form of wages or not;
• The parents of the deceased, his husband or wife, if they are elderly and at the time of death and submission of documents did not have the main source of income;
• Grandmother or grandfather of the deceased, if they are pensioners or have any type of disability. Also, a prerequisite will be the fact that the deceased was their only relative and supported them at his own income;
• The stepmother or stepfather of the deceased, if they have documentary grounds for applying - an adoption certificate, and they do not have sources of income.

In order to apply for an insurance pension, you must perform one of the following actions:

• visit the Pension Fund of the Russian Federation in person;
• send the application along with photocopies of the required specific case documents by Russian post;
• apply for verification of documents and application to the MFC;
• send an application through your personal account on the PF website (subject to prior registration).

The list of documents may vary depending on various factors, but the general list looks like this:

• Applicant's passport;
• SNILS;
• Death certificate;
• Certificate of adoption, birth, marriage or other papers that confirm the relationship with the deceased;
• The work book of the deceased or other documents on the basis of which it is possible to establish the insurance experience of the breadwinner;
• Documentary evidence of factors that allow you to apply for a pension (certificate of full-time study at a university, certificate of disability, etc.).

The amount of the insurance pension, calculation formulas, fixed payments and additional coefficients

The amount of the pension is determined using the following formula:

SPpk \u003d Ipk x Spk, where:

• IPK - personal pension coefficient - a certain amount of points, which depends on the length of service the deceased had;
• Spk - the cost of one unit of the coefficient - a generally accepted value, which may undergo changes due to annual indexation.

If a pension is awarded to a minor who does not have both parents, then the sum of the pension coefficients of the applicant's mother and father will be taken as the IPC. If the applicant's breadwinner was a single mother, then IPC doubles.

For calculation, you can use a different formula, which is applicable if the deceased citizen was the recipient of an insurance pension for his disability group. It looks like this:

SPpk \u003d Ipkk / Knch x Spk, where:

• Ipkk - an individual coefficient that was taken into account when calculating the insurance pension of the deceased;
• Кнч - the number of family members who are unable to work at the time of applying for a pension;
• Spk - the cost of one coefficient on the day when the pension will be assigned.

In addition to the constant or variable coefficients used by the state, a fixed payment is added to the settlement part, indexed from February 1 of each year. For the current year, this allowance is 2402.56 rubles.

The accrued pension may increase if the applicants for payment live in the Far North. In case of moving to another area, the allowance will be recalculated according to the standard formula without taking into account the additional payment.

Terms of appointment and payment of pensions

The terms of appointment and the period for making payments are regulated by Article 22 F No. 122. According to its content, the payment of the required allowance according to the documents provided and the calculations made must be carried out from the 1st day of the month following the month in which the application was made.

The deadlines for filing an application are not limited to certain time frames - the possibility of registration comes from the day of the death of the breadwinner and receipt of all documents confirming this fact. It should be borne in mind that delaying the registration of a pension can reduce the period of payments to those persons who will receive state assistance until the age of 18 or graduation.

Social pension - grounds for receiving and amount of payments

The procedure and grounds for assigning a social pension are regulated by the following laws:

• Federal Law No. 166, defining general rules appointment of benefits from the state in case of loss of a breadwinner;
• Federal Law No. 178, which regulates the need to make additional payments, provided that the pension assigned to a citizen of the Russian Federation is below the current subsistence level;

In accordance with the wording of regulatory and legislative acts, children who become orphans before they reach the age of majority, as well as citizens under the age of 23, if they are studying full-time at an institute or university, have the opportunity to receive a social pension.

Also, one of the options for calculating such benefits is the situation in which their parent, located on military service, committed a crime and they instead state pension can only claim to be social.

Obtaining this type of pension is often associated with some difficulties and circumstances, on the basis of which, as a result, the Pension Fund refuses to accrue. In the event that the applicant has all the necessary documents and the basic conditions for filing are met, it is possible to award such an allowance in court - almost all experienced lawyers or lawyers, when getting acquainted with the case, can determine whether there is a chance of a decision in favor of the plaintiff or not .

The main indicator affecting the amount of social pension is the subsistence minimum, which is reviewed and indexed every April 1 of the current year. For the current year, the amount of such payment to persons dependent on the deceased is:

• For a child who has lost one of the parents 5034.25 rubles;
• For those who have lost both parents - 10,068.53 rubles;
• If a person was brought up by a mother or father who had the status of a single person - 10,068.53 rubles.

As with the calculation of an insurance pension, a certain coefficient can be added to the amount of the payment if the recipient of the benefit lives in the Far North.

Also, when calculating the allowance, the subsistence level indicator is taken into account, which is valid for a given region and a specific category of recipient. If the amount of the pension is lower, then the allowance may increase due to additional payments at the federal or regional level:

• Federal - appointed if the social. the pension is received below the regional and all-Russian subsistence level;
• Regional - its accrual is possible if the pension value is higher than the minimum for the Russian Federation as a whole, but lower for the specific region in which the applicant lives at the time of registration of documents.

Pension for military children

Children of the military, unlike many other categories of citizens who have lost their breadwinner, are entitled to a special pension - the state. Depending on whether the deceased was an employee under contract or was called, the source of funding for such public assistance will differ.

Is a pension provided to the children of conscripts, how to get it, what are the amounts

All available relatives of the deceased military man, for whom he was the breadwinner, have the right to draw up documents for a pension. If the deceased was a conscript, it will be necessary to submit documents, just as when receiving an insurance and social pension, to the Pension Fund - it will actually be a source of funding.

Regarding the calculation of this type of pension, there are the following provisions:

• The amount of the allowance is based on the amount of the basic income of the deceased and its final amount is calculated taking into account additional coefficients depending on the cause of death of the breadwinner and the position he holds;
• The additional coefficient, which is taken into account provided that the child lives in the Far North, is also taken into account when calculating such a pension;
• The child retains the right to receive assistance until he reaches the age of 18 or throughout his life if he has a disability group;
• If a child receiving assistance from the state is adopted by another person, he retains the right to further accrual of such benefits;
• If the deceased was in the service (not yet retired), the amount of the allowance that is due to his child is 30% of the basic salary of the military;
• If the deceased received his income as a pensioner, then the amount of the state pension paid to his dependents will be 40% of his basic income.

Pension for the children of a military man who served under a contract

For those children whose deceased parent was a military contract, served in the bodies of the Ministry of Internal Affairs for combating drug trafficking, in the fire-fighting sphere of the Ministry of Emergency Situations, worked in the field of execution of criminal penalties, the fund of the Ministry of Defense of Russia becomes a source of funding for the state pension.

The amount due to the dependent will be calculated according to the following formula:

Ppk \u003d (Up to + Ozv + Above) x Rp, where:

• Before - the official salary of the deceased contractor;
• Ozv - additional wages, the basis for which was the title of the breadwinner;
• Above - income supplement, calculated by length of service;
• Rp - the estimated percentage, which takes into account the cause of death of the military and other conditions relating to the dependent.

The value of the calculated percentage will be at the level of 50% if the soldier died due to an injury in the performance of his direct duties or had a disability due to an injury in the service. Also, its value will be similar if the minor applicant does not have both parents or the deceased military had a single mother.

If the death of the breadwinner was not related to the direct performance of official duties, then the value of the coefficient will be 40%.

At the state level, assistance is provided to those who most of all need this assistance. Many people need financial support under certain circumstances. Such factors are age, certain merits, state of health, life situations. At the state level, there are different kinds pensions, among which we can name assistance related to the achievement of a person of the age established by law, loss of health, loss of one of the family members.

Survivors' pension - what is it?

The survivor's pension, in fact, is a social assistance to disabled people who have lost their main breadwinner. These social payments are actually aimed at at least partial compensation of the main income of the breadwinner, who died due to death. A prerequisite for the provision of this assistance is the material maintenance of the deceased members of their family, unable to work for various reasons. The legislation provides for a clearly defined circle of citizens who can receive assistance from the state. The survivor's benefit is related to the work book, since it is based on the labor relations of the deceased, who worked and supported the family. The state actually takes over the responsibility for the maintenance of these people after the death of a working citizen.

Legislative concept of "dependents"

On the same level with the concept of assistance related to the loss of a breadwinner, there is the concept of "dependents", since it is Art. 9 of the Federal Law provides for the right to social payments to persons who, during the life of the deceased, were dependent on the latter. So, dependents are citizens who are financially completely or to a greater extent dependent on the deceased person. The fact of dependence is proved by the presence of documents that characterize all family income. In addition, the relationship between the deceased and the rest of the family must also be confirmed by relevant documents, such as marriage certificates, birth certificates, etc.

Subjects who are entitled to this type of pension

The survivor's pension is provided to persons provided for by law. Right to this assistance have:

• First of all, minors. The concept of "children" includes not only the relatives of the deceased, but also his younger sisters, brothers, grandchildren who are minors at the time of calculating the pension, do not work and cannot independently support themselves.
• Children under the age of 23, if they are studying and cannot work independently.
• Native children of the deceased are over 23 years old, if they are unable to earn money due to their health, as evidenced by the presence of a disability. As for this category of citizens, it is necessary to take into account the fact that a person's disability must be established before he reaches the age of majority. As for the siblings and grandchildren of the breadwinner who are disabled and unable to support themselves, the latter are only entitled to survivor benefits if they are not supported by someone else and are orphans.
• Husband (wife) of the deceased, father (mother), adult brother (sister) who care for the young children of the deceased. In this case, only one of the family members who cares for children under the age of 14 receives a survivor's pension. If there are several children, then these payments are paid to the youngest until the age of 14. In this case, only those citizens who care for young children and do not have a personal source of income can apply for a pension.
• Relatives who have retired or become disabled and do not have other relatives legally obligated to support them have the right to assistance after the death of the breadwinner.
• Adoptive parents and adopted children have the same status as natural children and parents. If an orphaned child who is already receiving state assistance after the death of his relatives is adopted, then his right to receive payments does not disappear.
• A survivor's pension is also provided for a non-native father or mother (stepfather or stepmother) who has been dependent on the deceased for the past five years or more. These facts must be documented.
• Stepdaughter or stepson, if it is proved that the non-native parent raised and supported the child for a long time.

Benefit amounts

The survivor's pension is a statutory benefit. The amount of the benefit granted in connection with the loss of the breadwinner depends on the size of the labor pension, which is paid according to age. The amount of payments for the loss of a citizen who had the highest income is equal to 50% of the labor pension if there is one disabled person in the family. If there are several or more than two disabled dependents, then the amount of the pension is equal to 100% of the labor pension.

This year, from April 1, at the legislative level, the amount of payments related to the death of the breadwinner is determined. It is 8725 rubles for all categories, except for military personnel. Regarding the families of servicemen, it can be noted that the survivor's pension is paid to them in a larger amount.

Documents required for applying for a pension

For clearance monthly payments related to the loss of a breadwinner, it is necessary to prepare the following documents:

• Passports of disabled family members of the deceased.
• Documents that indicate what the average earnings of the deceased over the past 60 months.
• A document confirming the fact of death of a citizen.
• A work book or other document that confirms the ability of the deceased to work, for military personnel - a military ID.
• Birth certificate of children, especially minors.

In certain cases, the family of the deceased must collect:

• A document that confirms the fact of caring for a disabled citizen.
• Adoption document.
• If the deceased breadwinner is a single mother, then it is necessary to provide a document confirming this status.
• Certificate of study, if the dependent has reached the age of majority, but continues to study and cannot earn money on his own.
• If an able-bodied citizen cannot work due to caring for a young child or a disabled child, then it is necessary to provide a document confirming this fact.
• A document confirming the disability of a disabled citizen.
• If a citizen is recognized by the court as dead, then it is necessary to prepare a court decision with a wet seal.

All required documents are provided in original or a certified copy if the original cannot be provided.

The procedure for applying for a pension

How to apply for a survivor's pension, experts from the Pension Fund or law firm consultants can explain to you. If disabled family members of the deceased cannot afford to pay for legal advice, they can immediately contact the local Pension Fund, which serves the territory where the deceased lived with his family. In the institution, it is necessary to fill out an application, which will be provided by the employees of the fund, indicating all disabled persons in the family. The application must be accompanied by a package of documents confirming the facts in question. Specialists of the Pension Fund review the submitted documents for 10 days.

The main points of calculating the pension

The survivor's pension is divided into two parts. The first part is fixed, and it depends on the category (for example, orphans, residents of the Far North, military personnel, disabled citizens). The amount of this part of the payment is established at the legislative level.

The second part of the charges is calculated in each case individually according to the established formula.

Simultaneous receipt of a survivor's pension and another type of pension

The right to receive two types of pensions are only certain persons who are listed in the federal law governing state pension provision in Russia. These citizens may be:

• persons who received military injury and became disabled;
• participants in the Second World War;
• military widows who died while serving;
• family members of a Chernobyl disabled person or a liquidator who are unable to work;
• family members of the dead (deceased) cosmonaut;
• persons awarded the order "Inhabitant of besieged Leningrad".

A survivor's pension is a contribution to the relatives of the deceased subject to certain requirements. The amount is established by law and may be equal to the pension of the deceased. In 2018, it is planned to index about 5%.

Condition for granting a pension

Relatives with varying degrees of kinship living at the expense of the deceased have the right to a survivor's pension. At the same time, the grounds for considering him dead are:

• death certificate for any reason;
• a certificate of recognition as missing or a court decision.

Who is to be paid

The law describes family ties with the conditions for assigning payments:

• Children of the deceased (also adopted). At the same time, even if the parents are not officially married, the child's survivor's pension is paid if there is evidence of paternity (maternity). These are the certificate of registration of the newborn, in which the column "father" is not empty. The child loses the right to benefits when he reaches the age of majority. And also when marrying before the age of 18 or doing business (or employment in accordance with the Labor Code) with the permission of the guardians (adoptive parents).
• Relatives under 18. These include brothers, sisters and grandchildren. By law, they are recognized as incapacitated by age, and therefore, a priori, they are considered to be supported by an adult.
• Relatives students studying in an institution of any degree of accreditation in the full-time department (the size of the pension for the student is discussed below). Proving the fact of dependency is necessary with a certificate from the university. Valid until age 23.
• Relatives with disabilities. If the medical examination (expertise) and the assignment of the group is fixed before the age of 18. They are assigned a survivor's pension in the absence of their able-bodied parents.
• Disabled spouse or parents, incl. disabled people. A citizen who has a pensioner's certificate is legally incapacitated. If the issuance of the certificate occurred after the registration of the pension of the deceased, the latter do not cease to be transferred. When registering a new marriage, money is also paid if the pension was issued in advance.
• Grandfather and grandmother deceased who have reached retirement age. With the condition that there are no other relatives who are ready to take care of them.

The size of the survivor's pension in 2018 is similar for relatives or adopted children, stepsons and stepdaughters, guardians and stepmothers, etc.

The payment amount is recalculated annually.

The law protects all family ties, incl. not native, but notarized. The only condition is confirmation of the presence of the deceased. If his baby is adopted new family, subsidies in his direction do not stop.

Dependent care pension

Separately, it is worth noting a slightly different type of assistance, which is called a pension due to the provision of care for dependents who have lost their breadwinner. It is intended for persons who have taken care of the young children of the deceased (up to 14 years of age). The payment of a survivor's pension goes to the account of only one of the relatives or guardians, even if several persons actually support them (for example, aunt and uncle). It is recommended to apply for an unemployed person or with no official salary, as this is a mandatory requirement. By the way, unemployment benefits are not recognized as such, due to volatility. Deductions continue until the youngest of the children of the deceased is 14 years old.

Types of state aid

Which survivor's pension is granted depends on its classification and side characteristics. Today, the following types are defined:

• State. The deceased was an astronaut, a serviceman or a participant in the liquidation of radiation disasters.
• Social. Designed for situations where the deceased is not registered in the insurance system and does not have a pension.
• Labor (insurance). Appointed if the deceased was employed and registered in the social. the insurance system.

Social assistance is intended mainly for children and minors. State - for relatives of the military and all equated categories who cannot provide for themselves, for example, due to age. insurance pension on the occasion of loss of a breadwinner is provided for all categories, described in detail in the first section.

The first two types of benefits are fixed and are established by the relevant acts, and the insurance payment is made on the basis of the calculation of the pension of the deceased.

The amount of social and state payments

Based on the situation and the cause of death, the size of the survivor's pension in 2018 also varies. State aid is within the following limits:

• 200% of the amount of the social pension if the death occurred due to an injury or accident while on the job. The amount of the social pension is 3.6 thousand rubles;
• 150% if the death occurred due to an illness received in the service;
• 250% for children if the father died during the liquidation of a man-made or radiation accident;
• 125% of a relative who was on the support of a person who died during the liquidation of the accident;
• 40% of the astronaut's salary;
• The district coefficient is added to the indicated size if the family lives in difficult climatic (northern) conditions. When moving to another area for permanent residence, the coefficient is removed.

Wherein state aid acts as a constant value, is due to each relative, subject to a number of conditions, and is provided in addition to the already existing benefits or pensions of relatives.

Social pension

The social pension for the loss of a breadwinner for orphans today is 9.6 thousand rubles, and for children who have lost one parent - 4.7 thousand rubles per month.

The change in the survivor's pension, as well as other types of benefits, takes place in April, according to the latest announcements. This is related to indexing.

Calculation of the amount for the pension of the deceased

If the deceased worked at least one day officially, his relatives are entitled to a survivor's pension, the amount of which is calculated according to his income.

Its calculation is very complicated and consists of two components:

• Basic. The value is fixed and depends on the social subgroup. Today, the following parameters apply: 4.3 thousand rubles for children, 2.1 for each adult. When living in the Northern regions, an additional regional coefficient applies.
• Insurance. It is determined on the basis of the capital of the deceased (pension).

In general, the amount of the survivor's pension in 2018 is calculated according to the formula:

PC / (T + K) / KN + B, where

• PC - pensioner's capital at the time of death;
• T is the period of waiting for the accrual of a labor pension;
• K is the ratio of working hours to 180 months. Until the deceased reaches the age of 19, the norm is 12 months, after which 4 months are added for the lived year. In this case, 180 months is the limit.
• KN - the number of relatives who are disabled on the day the bereavement pension is issued.
• B- basic component.

The purpose is for each relative, subject to the requirements of the law for each situation. The presence of own pensions or state benefits does not affect the decision.

Accounting for the insurance part

If the deceased has already been credited labor pension, for the loss of a breadwinner in 2018, a payment is calculated in proportion to its insurance part, and the basic (fixed) part does not participate.

For a baby from an incomplete family who has also lost a single mother, the subsidy is formed in a double amount. The calculation is similar: according to the PC of the mother or according to the individual part of the pension (insurance), if she received it before her death.

The insurance pension for the loss of a breadwinner is not provided for in case of involvement of relatives in the violent death of the deceased or infliction of harm to him, resulting in death.

What documents are needed

Registration takes place at the local PF, where you can clarify the size of the survivor's pension that is due in a particular case.

Be sure to collect a list of papers:

• applicant's passport;
• death document;
• papers on kinship (registration of marriage, birth, etc.);
• workbook of the deceased.

Additional package of documents

The following list of documents changes based on whether a labor pension for the loss of a breadwinner is due, social or state. A detailed list is better to clarify in advance in the PF.

Additional papers are, according to the situation:

• certificate of the salary of the deceased;
• documents on guardianship, adoption;
• confirmation of the fact of dependency;
• document of a single mother, if she died;
• certificate of completion of the course in full-time education from the secondary educational institution, university;
• a document certifying the absence of work for the applicant who cares for the children of the deceased;
• confirmation from each relative (brothers, sisters, grandchildren);
• certificate of disability, if any;
• information about the loss of a source of income;
• data on registration or residence of a relative outside the territory of the Russian Federation.

It is necessary to transfer photocopies to the employee of the Pension Fund and present the originals. In addition, an application is filled out, which contains information about the applicant, about the deceased, all relatives applying for payment, a current account in Sberbank for transferring deductions.

The term for consideration of the application to the FIU

Consideration lasts up to 10 days, after which a list of persons is assigned and how much the survivor's pension will be in each case. Coordination is carried out once, but the duration of deductions is different according to the situation:

• before the age of 18;
• before the age of 23 for students;
• before the expiration of the certificate of disability (for those who are unable to work for this reason);
• for life, when a relative retires.

If after school the applicant did not immediately enter the university, the survivor's pension in 2018 ceases to be transferred from the age of 18. With a certificate from educational institution, which should be transferred to the PF, the process is resumed.

In any case, the employee will specify the validity period and the frequency of repeated requests.