All about the survivor's pension. What does the insurance pension for the loss of a breadwinner include and to whom? The procedure for assigning a survivor's pension
The right to apply for a survivor's pension is received by his immediate family, if there are certain reasons for this. The legislation establishes the procedure and conditions for the appointment of payments.
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Families that have lost a family member who provided them with income are entitled to state assistance for the loss of a breadwinner.
It can be of several types - labor (insurance), state and social. The most common is the insurance pension.
general characteristics
The survivor's pension is a payment made every month to the dependents of a deceased citizen (or missing person), as part of the compensation for the income that they received before his death.
To recognize a citizen as dead or missing, the relevant documents must be submitted.
If such papers are not available, then the fact of death or loss can be established through the court on the basis of.
What it is
If the breadwinner of the family disappeared without a trace, then he is equated to the deceased and the pension is paid in the prescribed manner.
Disabled citizens are called:
- limited ability to engage in labor activity due to the need to care for minor children (under 14 years old);
- if disability is a consequence of age (up to 18 or 23 years (in case) and after 55 and 60 years for women and men, respectively).
Adoptive parents and adopted children have the same rights as relatives. To confirm the dependency of minor children, no certificates are required.
In what cases is it assigned
A labor pension in the event of the loss of a breadwinner is assigned only in the event of an insured event - the death of a citizen who had close relatives as dependents.
In addition, for the appointment of a pension, it is imperative that the following factors be present:
Such a pension is assigned from the day the right to this arises (after the death of the breadwinner) after an appropriate application to the FIU.
What regulations govern
The main legislative act regulating this issue is “On insurance pensions”, which was adopted in 2013.
After that, in 2019, changes and changes were made to it. This law specifies the conditions for the appointment of this type of pension provision.
A list of citizens who are usually called disabled is also indicated.
Terms of registration
The main requirements for a dependent to receive a survivor's pension are:
- the presence of a permanent place of residence within the Russian Federation;
- proven disability (no need to prove for);
- the absence of another type of pension in case of loss of a breadwinner.
In the latter case, this refers to a social pension, which is assigned in the case when the breadwinner has not had a day of insurance experience.
Also, a social pension is also assigned when the breadwinner died as a result of the illegal actions of one of the dependents.
Who can apply
A labor pension is assigned to disabled citizens who were dependent on the deceased.
| Family members of the deceased who are recognized as disabled | In this case, the allowance is assigned without taking into account the length of service of the breadwinner, as well as the period of his death. Dependents are considered to be citizens whom the deceased fully supported or helped them financially, and they have no other sources of livelihood |
| Relatives of the breadwinner | Who are under 18 years old |
| Relatives of the deceased | Who are not yet 23 years old and who are studying in educational institutions (including those located abroad) |
| Married couple or parents of the breadwinner | If they are over 55 or 60 years old or disabled |
| Grandmother and grandfather | If they have reached the age of 55 and 60. The same applies to the disabled if there is no one else to take care of them. |
| Relatives of the deceased who have reached the age of majority | But they cannot work the way they should care for other disabled relatives (who are entitled to receive a survivor's insurance pension). In this case, the fact that such a citizen is dependent on the deceased does not matter. |
Legislation provides equal rights for adopted children and adoptive parents, stepfathers or stepmothers, stepdaughters and stepchildren, as well as for natural children and parents
What is the size of the survivor's pension in 2019
The amount of the survivor's pension depends on the insurance period of work of the latter.
It is made up of the following parts:
Fixed payments are subject to indexation by the state every year, so their size is constantly increasing.
An increase in this part of the pension is also possible for the following persons:
- children who have no parents left receive a fixed payment in double the amount;
- for citizens living in certain territories, the amount of the payment is multiplied by the regional coefficient.
The insurance part of the pension is calculated according to the following algorithm:
P=B*S
Such a formula can only be applied if a citizen has not yet received a pension before death.
Otherwise, the calculation should be carried out according to the following scheme:
P=B/C*S
where K is the number of dependents.
An increase in the individual coefficient occurs when the breadwinner already had the right to draw up a pension, but did not open it.
The minimum pension is set at the subsistence level envisaged by the Government for 2019.
If, according to calculations, the amount of the pension does not reach this number, then the PFR will assign a social supplement.
To receive this allowance, you do not need to write an application - it is calculated automatically for the time that the pension is accrued.
List of documents to be collected
You can apply for this type of pension provision at the branch of the Pension Fund at the place of residence or at the Multifunctional Center.
Here you need to submit the following documents:
- passport of a citizen of the Russian Federation;
- a document certifying the death of a citizen;
- documents that can confirm the existence of family relations with the deceased;
- certificates of the amount of insurance experience of the deceased breadwinner.
PFR employees have 10 days to review documents. If all of them were drawn up correctly, then the payment is set in the appropriate amount.
Correctness of filling out the application (sample)
The application must be made at the place where the pension was issued - at the Pension Fund of the Russian Federation or the Multifunctional Center.
You can write it only in such cases:
- payment processing takes place within a year after the death of the breadwinner and payments are assigned from the first day after his death;
- the application was written after 1 year, but payments are also assigned from the day of death.
The application is filled out on a special form, which is issued by the FIU. It must include the following information:
- the full name of the FIU branch;
- personal data of a citizen applying for a pension;
- SNILS number of the deceased;
- location;
- passport data;
- contact details (phone number);
- type of pension to be assigned;
- indicate the number of dependents;
- information about whether the citizen received a pension before his death;
- the names of the documents that are attached to the application;
- date of writing;
- signature.
The text of the application must be written in literate language. If all the necessary documents are not attached to the application, then the FIU employees must explain this and help eliminate the problem by issuing all the necessary certificates.
Subtleties and nuances
The payment of a labor pension for the loss of a breadwinner occurs every month. Its recipient has the right to choose the method of delivery.
It can be home delivery or transfer to a bank card. If a pension is assigned to a minor child, then its recipient is the parent (or adoptive parent) or.
But this applies only to those children who have not yet reached the age of 14. Starting from this time, they can receive payments on their own, but for this you need to write a corresponding application to the FIU.
If the recipient of the pension is a minor child who has no parents and lives in an orphanage, then the funds will be transferred to his personal account, which must be opened by the heads of this institution.
Often a pension is issued to the wife of the deceased. This is possible in two cases:
- she is disabled;
- she brings up children up to 14 years old.
If she decides to remarry after some time, then the allowance will remain with her until the limiting circumstances occur (children reach a certain age).
Welcome to website. In the article we will tell you what an insurance pension is, what it is like, how it is formed and calculated. The pension reform undergoes frequent changes, and in 2018 several forms of pension provision began to work - these are state pensions, non-state pensions and compulsory pension insurance.
Pension insurance is carried out in accordance with the law "On Insurance Pensions" and involves three types of pension payments: old-age pension, disability pension and survivor's pension. In accordance with the changes, now the pension is formed from three main components - a fixed payment and two independent parts of the funded and insurance, and pension rights are accounted for in coefficients.
The insurance pension is the most common pension benefit, which is intended as material support for the recipient due to reaching the appropriate retirement age, in case of incapacity for work or loss of a breadwinner. In accordance with the law, there are various types of insurance pensions, these include:
- Old age pension.
- Disability pension.
- Pension payment in case of loss of a breadwinner.
Each such payment has a number of its own characteristics, and the payment is made only if the recipient has fulfilled all the conditions necessary for the appointment.
The difference between an insurance pension and a work pension
According to the new law, there is no concept of "labor pension", now it has been replaced by an insurance pension. Insurance pensions in 2018 are a state-guaranteed monthly payment to pensioners that replaces their lost income.
In order for this pension to be assigned, it is necessary to fulfill the main condition - this is to gain the required amount of experience. That is, to have working periods in which contributions to the pension fund were made. Also, non-insurance moments may be included in such periods, but only if before and after this moment the contributions were deducted by the employer. All non-insurance periods are specified in the law "On Insurance Pensions".
The labor pension differs from the insurance pension payment in that the volume of contributions that were transferred to the pension fund played a special role for the labor pension, and the length of service was important for the insurance pension.
How is the insurance part of the pension formed?
This pension is due to all citizens who were born after 1966. Citizens who were born before this date can make an independent choice where contributions to the insurance part or to the funded part of the pension will be deducted.
If a person refuses to save, then the insurance part of the pension is formed. As a result, the employer will make deductions in the amount of 22% of the employee's salary, of which 16% will go to the formation of the insurance part of the pension. These percentages are credited to the person's insurance account, after which they will be converted into retirement points.
If a person chooses to form the funded part of the pension payment, then only 6% of the salary will be credited to it.
From 2014 to 2018, the state suspended the formation of the funded part of the pension. As a result, the budget deficit began to decrease, and all savings gained greater protection, since during this time all non-state pension funds are required to be certified by the Central Bank and only after that they will start working.
An old-age insurance pension or other type of insurance payment is guaranteed by the state and is subject to mandatory annual indexation.
old age insurance
Under the new law, the conditions for granting an old-age insurance pension include:
- Retirement age.
- Minimum insurance period.
- Minimum Retirement Points.
In connection with the pension reform of 2018, the retirement age is changing. In 2019, women will be able to retire at the age of 55.5 and men at 60.5.
Under the new pension reform, the number of minimum years of service will increase every year until it reaches 15 years by 2025. In 2019, the minimum length of service for the appointment of this type of pension is 10 years.
Also, in order for a person to have the right to receive an insurance pension, it is required to score pension points, in 2019 their number is 16.2. But just like the number of seniority, the number of points will increase every year until it reaches 30 points by 2025. This will be the minimum amount for the appointment of an insurance pension.
If for some reason a person does not have the right to receive an insurance pension, he will be assigned social pension provision.
But in addition to the usual insurance pension, there is also an early pension payment, the appointment of which occurs at an earlier age. In order to qualify for this type of payment, it is necessary to gain the necessary experience in the relevant jobs. The requirements for seniority and points are the same as for a simple insurance pension.
In order for the seniority to be included in early retirement, it is required to pay mandatory contributions by the employer to the pension fund. Contributions are deducted at an additional rate from the beginning of 2013.
Citizens who have not only been registered in the mandatory pension insurance system, but also have the right to early retirement:
- They worked in difficult and unhealthy working conditions.
- Worked or lived in the far north or in areas that are equated to it.
- They have a certain status.
A complete list of citizens and professions who have the right to receive this type of pension is spelled out in the law "On Insurance Pensions".
Survivor's insurance pension
An insurance pension in the event of the loss of a breadwinner is assigned and paid to his relatives in order to provide material assistance. The following categories of citizens are eligible to receive this payment:
- Family members of the deceased who are unable to work and financially support themselves due to age or health problems, or if they are studying full-time at an educational institution and were dependent on him.
- One of the parents, spouse or other adult family member who cannot continue to work because he/she is caring for a minor child under the age of 14, this may be the brother, sister or grandson of the deceased if they have no parents.
- Parents or spouse of the deceased, who are disabled, but not dependent on him and in case of loss of a source of income. The time that has passed since death does not matter in this case.
This allowance can be paid in two forms - temporarily until the recipient starts working or indefinitely.
Eligible families are those whose breadwinner has been officially declared missing.
An insurance payment is issued only on the condition that the deceased breadwinner had at least one day of insurance experience, and his death was not due to the illegal actions of a disabled family member.
Disability Insurance Pension
The disability insurance pension is assigned to the category of citizens who, based on the results of the medical and social examination, were assigned 1, 2 or 3 disability groups. But there are a number of nuances that you need to know when appointing:
- This type of pension is established regardless of the cause of disability, the duration of employment and the availability of work on the day the disability was received. But a disabled person must have at least one day worked.
- If the disabled person does not have insurance experience at all, then he will be assigned a social pension payment for disability. This category of disabled people includes citizens who have never worked officially.
Pension payments are made throughout the entire period of disability, or until a person reaches the retirement age of 60 for women and 65 for men. Or if there is no work experience until a person reaches the age of 68 for women and 70 for men.
When an old-age insurance pension is granted, its size cannot be lower than the size of the disability pension.
How to calculate the amount of the insurance pension in 2019
The size of the pension benefit is influenced by the amount of the fixed payment and the insurance payment. The amount of the insurance pension for old age, for the loss of a breadwinner and for disability is calculated according to the same formula - SP \u003d IPK * SPC, where:
- SP - insurance pension.
- IPC - individual pension coefficient.
- SPC - the value of the pension coefficient at the time of the appointment of a pension.
The cost of the IPK is set at the legislative level, and in 2019 it is equal to 87.24 rubles. The following factors influence its size:
- The amount of insurance premiums that were transferred by the employer for the employee to the pension fund department.
- The length of service and those periods that are included in it (that is, non-insurance periods).
- Using a multiplier. That is, if a pensioner postpones retirement for one year, then the cost of the IPC will be increased. In other words, the size of this coefficient depends on the duration of the delay.
This coefficient can also be applied if a survivor's pension is granted, if the breadwinner, after the emergence of the right to a pension payment, postponed it or refused to receive it.
The amount of the insurance pension, if a person does not continue working, is subject to mandatory annual indexation.
How to calculate individual pension coefficient (IPC)
When the insurance payment is calculated, its main element is the IPC itself. This coefficient includes all periods that were before the entry into force of the law, and after it. As a result, the pension will also include those pension rights that were formed before the entry into force of the new reform.
To calculate the IPC value, a special formula is used - IPC \u003d (IPKs + IPKn) * KvSP, where:
- IPC is the pension coefficient at the time the payment is made.
- IPKs is the pension coefficient for the periods of work until 2015.
- IPKn is the pension coefficient for periods of work after the beginning of 2015.
- KvSP is a multiplying factor that is applied when calculating old-age and survivor's pensions.
The increasing factor in calculating the pension becomes an incentive for a later retirement on a well-deserved rest. So, if a person postpones his retirement for one year, then the IPC will be increased by 7%, for five years - 45%, for 8 years - 90%.
Fixed (base) size value
According to the new pension law, the fixed payment to the insurance pension is an analogue of the basic amount of labor payment. It is established simultaneously with the appointment of a pension payment and is guaranteed by the state, its payment is made only in a strictly approved amount.
The amount of the fixed payment is subject to annual indexation, which is affected by the increase in consumer prices over the past year.
- Citizens aged 80 and disabled with the first group.
- If dependent family members are disabled.
- If there is a work experience of 15-20 years in the Far North or in areas equivalent to it, with a total work experience of 20-25 years.
- If the children were left without parents.
- Permanently residing in the Far North.
- Unemployed people who live in rural areas and have rural experience of 30 years.
The amount of a fixed payment is established by law for 2019 in the amount of 5334.19 rubles. The law "On Insurance Pensions" spells out the main points regarding a fixed payment - these are:
- When applying for a pension for disabled people of the 3rd group and in case of loss of a breadwinner, the amount of payment increases by 50% of the legally established amount.
- If the old-age pension is established after reaching the retirement age or there was a refusal to receive it, then a multiplying coefficient is added to the amount of the fixed payment.
- The payment is subject to mandatory indexation every year.
- Also, by decision of the government, there may be an increase in payments in accordance with the growth of income of the PFR.
The federal law specifies all categories of citizens who are entitled to receive an increased amount of a fixed payment.
Indexation of pensions in Russia in 2019
Every year in February, the funded and insurance pensions, as well as other types of pension provision, increase. Indexation of payments is made on the basis of price increases and average monthly wages in the country.
In 2019, it is planned to carry out an increased indexation by 7.05%. Indexation of pensions will take place from January 1 only for non-working pensioners. This measure was aimed at increasing the significant growth in real pension amounts.
It is worth knowing that, according to the law, the size of the pension payment should not be lower than the subsistence minimum in the region. If a pensioner receives a pension below this level, then he needs to apply to the pension fund to receive a social allowance.
On the payment of pensions to working pensioners
Starting from 2016, working pensioners receive pension payments without indexation. This rule is taken into account only when calculating the old-age insurance pension.
After the pensioner stops working, the right to indexation of payments will be restored, and the payment will be calculated taking into account all the indexations that were carried out at the time of work. Since 2018, the appointment of a pension is made taking into account indexation from the next month. To do this, you should not contact the pension fund and write an application, since the fact of dismissal of a pensioner will be detected automatically, because monthly reporting for employers has been greatly simplified.
If a citizen starts working again after dismissal, then the amount of the pension will not be reduced.
How insurance pensions are assigned and paid
The assignment of an insurance pension occurs on the basis of an application with which the recipient needs to apply to the territorial branch of the pension fund at the place of registration. To apply, you must prepare a complete package of necessary documents that can be transferred to employees in several ways:
- In person or through a representative.
- By registered mail.
- On the official website of the FIU.
- through the MFC.
- Through the employer.
If the documents are in order, and the applicant has accumulated insurance points for pensions and work experience, then the payment will be assigned from the date of application.
There are cases when the appointment of a pension is made earlier than the application was submitted.
The established pension payment will be transferred every month to the current account of the company that pays pensions.
What documents are needed for registration
The Pension Fund provides recipients with complete information on how to calculate the insurance pension. Here are the documents required for her appointment:
- Applicant's passport, or residence permit for foreign citizens.
- SNILS.
- A work book, or a document that confirms the work experience.
- Certificate of salary for 60 months before the beginning of 2002 during the period of employment. The pension fund can take data for 2001-2002, but only if the data were submitted to the pension fund by the employer, and they appear in the PFR database.
- In some cases, additional documents may be required.
Under what conditions is the pension paid?
By law, the payment of pensions may be suspended in the following cases:
- Failure to receive a pension within six months.
- Non-appearance of a disabled person for examination.
- Recipient reaching the age of majority and failing to provide documents confirming full-time education.
- Termination of the validity of a residence permit.
- When a pensioner leaves for a permanent place of residence in another state with which an agreement on the provision of pension services has been concluded.
- When a pensioner leaves for a permanent place of residence in another state with which an agreement on the provision of pension services has not been concluded.
The pension may be suspended or terminated from the 1st day of the next month, after which the termination circumstance occurred.
Payment will be terminated in the following cases:
- The recipient has died or been declared missing.
- It has been 6 months since the payment was suspended.
- The recipient has lost the right to receive a pension payment.
- The foreign citizen did not provide a residence permit.
- The recipient refused to receive the insurance pension.
It is worth knowing that the recipient is obliged to independently notify the pension fund of all circumstances that entail the suspension or termination of payment.
Results
With the advent of the new pension reform, the question of what the insurance pension means is increasingly being asked.
In accordance with the law, old-age, disability and survivor's pensions are established by insurance payments.
The determination of the right to receive a pension occurs in pension coefficients (points), which are influenced by the length of service, the number of contributions deducted and the amount of the recipient's salary.
With the adoption of the law, the retirement age has not changed and remains 55 for women and 60 for men. But the changes affected the minimum work experience, now instead of 5 years, you must have 15 years of work experience.
The new rules will fully apply to those citizens who began their labor activity in 2015. But all pension rights that have been earned up to this time will also be preserved under the new rules.
The calculation of the amount of pension provision due to disabled family members is multivariate and depends on existing conditions. In the structure of the calculus, one can single out general formulas that are used in the absence of grounds for using special formulas.
What is the procedure for calculating the amount of this payment in 2017? What was it like before January 1, 2015? What is the amount of the fixed payment for the survivor's insurance pension? We will answer these questions in this article.
How is the pension calculated after 2015?
The calculation of the size of the pension provision in the event of the loss of a breadwinner is regulated by the Federal Law "On Insurance Pensions" dated December 28, 2013 No. 400-FZ. The legislative act contains 9 formulas for calculating each possible option, depending on the conditions:
- The calculation of the pension provision for each disabled family member of the deceased breadwinner, if the latter was established an old-age or disability insurance pension, is carried out according to the formula:
SPspk = IPK × SPK, wherein
SPsk - the size of the pension;
- The calculation of the pension provision for each disabled family member of the deceased breadwinner, if the latter has not been established an old-age or disability insurance pension, takes place according to one of two formulas at the choice of the pensioner:
SPspk = IPKu ÷ KN ×SPK, wherein
SPC is the value of an individual pension point at the time the pension is calculated.
SPspk = IPK × SPK, Where
IPC - individual pension coefficient of the deceased breadwinner;
SPC is the value of an individual pension point at the time the pension is calculated.
- The calculation of the pension provision for a minor who has lost two parents at once, if none of the breadwinners has been established an old-age or disability insurance pension, is carried out according to the formula:
SPspk = (IPK1 + IPK2) × SPK, Where
IPC1 - individual pension coefficient of the first parent;
IPC2 - individual pension coefficient of the second breadwinner;
SPC is the value of an individual pension point at the time the pension is calculated.
- The calculation of the survivor's pension for a minor who has lost two parents at once, if an old-age or disability insurance pension was established for one of the breadwinners, is carried out according to one of two formulas for the choice of a pensioner:
SPspk = (IPKu ÷ KN + IPK) × SPK, wherein
IPCu - the individual pension coefficient of the deceased breadwinner, which is used to calculate the old-age or disability pension of the breadwinner;
KN - the number of disabled family members of the deceased breadwinner on the day the pension is calculated;
IPC - individual pension coefficient of the breadwinner who has not been established an old-age or disability pension;
SPC is the value of an individual pension point at the time the pension is calculated.
SPspk = (IPK1 + IPK2) × SPK, Where:
SPC is the value of an individual pension point at the time the pension is calculated.
- The calculation of the survivor's pension for a minor who has lost two parents at once, if an old-age or disability insurance pension was established for both breadwinners, is carried out at the choice of a pensioner using one of two formulas:
SPspk = (IPKu1 + IPKu2) ÷ KN × SPK, Where
IPCu1 - individual pension coefficient of one deceased breadwinner, which is used to calculate the pension for old age or disability of the breadwinner;
IPCu2 - individual pension coefficient of another deceased breadwinner, which is used to calculate the old-age or disability pension of the breadwinner;
KN - the number of disabled family members of the deceased breadwinner on the day the pension is calculated;
SPC is the value of an individual pension point at the time the pension is calculated.
SPspk = (IPK1 + IPK2) × SPK, Where
IPC1 - individual pension coefficient of the first deceased breadwinner;
IPC2 - individual pension coefficient of the second deceased breadwinner;
SPC is the value of an individual pension point at the time the pension is calculated.
- The calculation of the survivor's pension for a minor who has lost the second parent, after the assignment of an insurance pension for the loss of the breadwinner, in connection with the loss of the first parent, is carried out according to the formula:
SPspk = SPspk1 + IPK × SPK, wherein
- The calculation of the survivor's pension for a minor who has lost the second parent, after the appointment of an insurance pension for the loss of the breadwinner, in connection with the loss of the first parent, if the second breadwinner received an old-age or disability pension, is carried out according to one of two formulas at the request of the pensioner:
SPspk = SPspk1 + IPKu ÷ KN × SPK, wherein
SPspk1 - the amount of the survivor's pension received in connection with the loss of one parent;
IPCu - individual pension coefficient of the deceased (second) breadwinner;
KN - the number of disabled family members of the deceased breadwinner on the day the pension is calculated;
SPC is the value of the parent's individual pension point at the time the pension is calculated.
SPspk = SPspk1 + IPK × SPK, in which
SPspk1 - the amount of the survivor's pension received in connection with the loss of one parent;
IPC - individual pension coefficient of the deceased (second) breadwinner;
SPC is the value of the parent's individual pension point at the time the pension is calculated.
- Calculation of the pension provision for the child of a single mother who has been established an old-age or disability insurance pension is made according to the formula:
SPspk = (2 × IPC) × SPK, Where
SPC - the value of the individual pension point of the breadwinner at the time of calculating the pension.
- The calculation of the pension for the loss of a breadwinner, for a child of a single mother who has not been established an old-age or disability insurance pension, is made according to one of the formulas for the choice of a pensioner:
SPspk = (2 × IPKu) ÷ KN × SPK, wherein
IPCu - individual pension coefficient of a single mother, used in calculating the disability or old age pension;
KN - the number of disabled family members of the deceased breadwinner on the day the pension is calculated;
SPSPK = (2 × IPC) × SPK, where
IPC - individual pension coefficient of a single mother;
SPC is the value of the individual pension point of a single mother at the time of calculating the pension.
How was the pension calculated until 2015?
Prior to the pension reform of 2015, the pension was calculated according to one of seven formulas corresponding to the conditions and category of a pensioner, each of which was specified in the Federal Law “On labor pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ. Since the introduction of the individual pension coefficient, the process of calculating the pension provision has been greatly simplified.
Carrying out a brief analysis of the formulas used before 2015, one can see that the legislator expanded and clarified the list of categories of persons entitled to receive a survivor's pension, namely, formulas were added for calculating:
- survivor's pension for a minor who has lost the second parent, after the appointment of an insurance pension for the loss of the breadwinner, in connection with the loss of the first parent;
- survivor's pension for a child who has lost the second parent, after the appointment of an insurance pension for the loss of the breadwinner, in connection with the loss of the first parent, if the second breadwinner received an old-age or disability pension.
What does the pension payment consist of?
After the adoption of the Federal Law "On Insurance Pensions", a citizen's pension payment may consist of insurance, funded and fixed parts. So the legislator guarantees that the pensioner will receive a “minimum” determined by law - a fixed basic pension.
In 2017, for the provision of pensions to persons who have lost one breadwinner, the state established a fixed payment in the amount of 2411.69 rubles. With the loss of two breadwinners, the payment is set at 4,823.37 rubles.
These payments are indexed annually on February 1 to the inflation rate for the previous year. The state may additionally increase the size of the pension payment from April 1, in case of an additional increase in the income of the Pension Fund. For example, in 2014, for the pension provision of persons who lost one breadwinner, the state set a fixed base in the amount of 1955.18 rubles, and in case of the loss of two breadwinners - 3910.34 rubles.
Conclusion
To calculate the amount of payments, 9 formulas are used, depending on the existing conditions. Despite the changes that have taken place with the procedure and method for calculating the survivor's pension in 2015, the existence of a fixed base amount is a guarantor of the receipt of minimum state assistance by a disabled citizen.
The loss of a close relative is a severe blow to the family morally. Even more shocking if the deceased was the only breadwinner in the family. Since, without having time to recover from the pain of loss, a person already needs to think about how to pay for housing and communal services in the coming month, what means to provide food for the family and other household material issues need to be resolved. In such a situation, the state comes to the rescue. It accrues a survivor's pension, which is a colossal measure of support for the orphans in need.
On the occasion of the death of a relative who is the main earner in the family, the family has the prerogative of receiving material support from the state.
Concept, law, conditions of appointment
- these are cash payments made by the state in favor of the relatives and dependents of the deceased individual who was the breadwinner of the family.
According to Article 10 of the Federal Law No. 400 “On Insurance Pensions”, the grounds for calculating payments in the event of the loss of a earner include:
- Appointment exclusively to family members - spouse, children, adopted child, brothers, sisters, parents of the deceased.
- Parents who did not support their son or daughter until the loss of their son or daughter, who became needy after some time, have the right to apply for the appointment of pension payments for this case.
- The stepfather and stepmother have the right to count on support if they have been raising for at least 5 years.
- The accrual of a pension is not determined by the duration of work, the cause and time of the death of the breadwinner.
- In the absence of work experience, not labor, but state support is assigned to narrow categories of citizens, and everyone else is paid a social pension.
When entering into a new marriage, the spouse retains the prerogative of receiving security in the event of the loss of the breadwinner.
Types of survivors' pensions
There are several types of such payments. What type of collateral you can count on depends on a number of factors:
- the length of service of the head of the family;
- work in certain areas.
Insurance (labor)
Insurance coverage, or labor pension is assigned to dependents and disabled relatives of the deceased. Dependents are persons who are fully supported by the breadwinner.
The pension is paid to each family member.
However, for some relatives, an indefinite provision is established, while for others - with a limited duration. So, parents and generally incapable of work persons aged 55 and 60 have the right to switch to such payments on an ongoing basis (if there is a benefit and need for this). Children left without a breadwinner are paid maintenance until they reach the age of 18. The exception is those receiving education according to the full-time model of education - for them, the term of maintenance increases to 23 years.
The amount of labor payments is calculated for each person individually. Here, the pension coefficient (IPK) (depends on the length of service) and the statutory cost of one such indicator (SPK) on the day the pension is awarded influence. Since January 2018, the SEC is equal to 81.49 rubles.
In addition, the state fixed a single surcharge for all. In 2018, this is 2491.45 rubles.
For a clearer understanding, we give an example of the calculation. Maria Novosiltseva, born in 1966, has been officially active since 1986. She died of a heart attack in January 2017. She left a family consisting of an able-bodied husband and a 10-year-old daughter. In this situation, the disabled minor daughter has the prerogative of receiving maintenance. By 2017, she scored 58 points. from 1966 to 2015, plus 1.8 bp. for the care of the first child under 1.5 years old, for 2015 and 2016 - 3 and 3.4b. Total 66.2. The amount of the pension \u003d 66.2 × 81.49 + 2491.45 \u003d 7886.08 rubles. However, if the pension is less than the minimum for the region, then the additional payment comes from the local budget.
Social
Social security is also intended for a family that has lost a breadwinner. This type of payment is accrued in the absence of an absolute length of service for the deceased at the time of death. Who is eligible to apply:
- Children whose parents or one of whose parents have died.
- A child who has lost a single parent.
The presence of Russian citizenship is not mandatory for accrual. Permanent residence in the country is required.
This type of pension payment is paid from the federal budget. It is constantly indexed. So, from April 1, 2017 for children who have lost one breadwinner - 5034.25 rubles. For those who turned out to be orphans - 10068.53.
State
State pension for the loss of a breadwinner is due to certain categories of citizens. These include:
- civil servants;
- military;
- astronauts;
- participants in the Second World War;
- liquidators of Chernobyl and other victims of radiation.
So, if a military man died, then the state will pay this type of pension to disabled members of his family. The right to rely on material support:
- Children, sisters and brothers, grandchildren of minor age. Or students at the university until the age of 23.
- Close relatives on the condition of raising his children under the age of 14.
- Spouse or parents of retirement age or disabled.
The amount of the pension depends on the specific category. If a soldier dies due to an injury in the service, 200% of 5034.25 rubles is paid. 45% of the average salary of a civil servant is paid to each family member of the deceased on a monthly basis.
How to apply for a survivor's pension
To receive a survivor's pension, you must contact the FIU in your district. This can be done in three ways:
- personal visit to the branch;
- through a proxy;
- via the Internet on the portal of public services or the official website of the institution.
You need to write an application and provide a certain package of documentation.
Required documents
In addition to the application, the following paper support is attached:
- Identity card of the applicant and his representative, if registration is for a child.
- Proof of permanent residence.
- Death certificate.
- Evidence of seniority (work book, military ID, certificates from the CZN, payroll).
- Facts of relationship and being on the content.
- SNILS.
- A court decision declaring a person missing.
- Marriage certificate.
- fact of adoption.
- Certificate from the educational institution confirming the receipt of education.
For each individual applicant, the list of documents can be expanded. For a minor child, a birth certificate is required, and for a parent receiving a pension, information about their own payments.
Refurbishment and restoration
When a child who has lost a parent and receives a pension on this occasion reaches the age of 18, payments stop. The material content can be restored upon submission to the Foundation of a certificate of study on a full-time model of education at a university. In this situation, payments are restored and made up to 23 years.
Accrual is carried out from the first day of the month following the appeal. For previous months of non-payment, it is possible to recalculate and charge them in full.
The amount of the survivor's pension
The amount of accruals is determined by the type of pension assigned. If it is labor, then it depends on the number of accumulated points and the cost of an individual point during this period. The value of the social is set by the state. The size of the state varies depending on the category of recipients.
Minimum survivor's pension
The insurance pension is individual. But if its size does not reach the subsistence minimum for the region, then appropriate additional payments are made.
Social pension - 5034.25 and 10068.53 for children who have lost one of their legal representatives and for orphans, respectively.
State payments are calculated as a percentage of social payments (from 5034, 25):
- astronauts - 40% of the salary;
- children who lost both parents due to radiation, 250% - 12585.62. In other cases 125%;
- 150% to each member of the military family who died due to illness. If the fact of an injury in the service is detected - 200%.
The total amount of any type of pension cannot be set less than the subsistence minimum.
The size of the pension in Moscow
Since January 2018, the minimum wage for accommodation is 11,816 rubles. Starting this year, pensions are being increased to 17,500 for certain categories of citizens, which include the disabled who are left without a breadwinner.
The exception is already students who are fully supported by the state. The bonus will not apply to them.
Increasing survivor's pension
Every year, from April 1, the state indexes pension provision at the federal level. Regions also have the right to add local coefficients to the basic size.
Pension indexation
Since the beginning of April 2018, compensation is expected to increase by 4.1%. The social benefit in case of loss of a father or mother will be 5240.65 rubles. And for orphans - 10481, 34.
For those living in difficult climatic conditions, for example, in the Far North, the amount of maintenance is increased by the indicators fixed by a government decree.
Benefits and additional payments other than pension
In addition to financial support, various benefits and support measures are provided for children who have lost a parent:
- up to 2 years - milk and mixtures;
- up to three - free medicines;
- travel on a national vehicle free of charge;
- ticketless visits to state parks, museums, zoos up to the age of seven;
- from 7 to 18 discount for the above events;
- meals twice at school and the provision of educational literature;
Additional payment to the pension is possible, provided that the amount is below the established level for living.
Orphaned children are provided with housing under a social tenancy agreement, as well as the possibility of non-competitive enrollment in a university or college if they pass school exams for positive grades.
The father and mother, children and wife of a military man have the right to apply for such state support. However, in order to get it, you must meet some requirements. Accruals are admissible if death has occurred:
- During the performance of official duties.
- Not later than one quarter after resignation from the Armed Forces.
- Unconditionally from the time period in case of illness or injury acquired due to service.
It does not matter what kind of service was conducted - by conscription or it was a contract soldier. But there are significant differences in the amount of security.
The amount of compensation to the family members of the deceased military conscript is determined by the amount of social benefits. And for the family of a contract soldier, the salary of a soldier at the time of death will be decisive in the calculation - 50% of the allowance in case of damage and 40% due to illness.
For some categories of citizens of the family of the deceased serviceman, various additional payments have been fixed. An allowance of 100% of the assistance provided is due to disabled people of the 1st group and pensioners who have crossed the line of 80 years.
32% is added to disabled children left without parents, as well as children who have lost a single parent. Disabled from childhood, groups 1 and 2, if they have lost both their father and mother.
The legislation establishes the prerogative of receiving two types of pensions for relatives of a deceased serviceman:
- parents whose child died due to a war injury;
- a widow who did not marry after the death of her military husband.
Age features
When assigning commented compensation, the age of the applicant is taken into account. At the age of 18, accrual ceases, which can be restored if certain conditions are met. Then the pension can be extended.
Payments to the child
A minor child who has lost one or both parents has a preference for receiving pension payments - labor and social. Payments will be made until they reach the age of majority. The amount of labor compensation depends on the length of service of the deceased and is assigned on an individual basis. Social compensation is determined annually at the legislative level.
Also, children have a different list of benefits that regional authorities can expand.
After 18 years
At the age of 18, in order to prolong payments, it is necessary to study in educational institutions on a daily model. That is, a newly minted student, according to the requirements of an educational organization, needs to attend classes every day. In this situation, the student will not be able to provide for himself and the content is assigned to him again.
To resume accruals, you should contact the Pension Fund of the Russian Federation and provide a certificate from the place of study. Moreover, the educational organization must have state accreditation.
Continuing education can be at different levels - primary vocational, secondary, higher.
Up to 23 years old
Until the specified age, full-time students of absolutely all levels of education have a preference for receiving. The essential conditions here are the prohibition of official employment, and if you were expelled from an educational institution, then you should not count on further compensation.
If the training ended before the age of 23 and it does not continue further, then material support is no longer paid.
Many are wondering if they will be able to claim financial support if, for compelling reasons, they have to take academic leave during full-time study. Not a single law, not a single legal norm contains a provision for the suspension of compensation payments in this situation. Since academic leave is a short-term stoppage of studies associated with the birth of children, marriage, illness, the need for care and concern for the closest relatives.
Another no less interesting situation is conscription into the army. Will a survivor's pension be paid? No, it will not. Since the employee is no longer considered disabled and is on full state support.
After 23 years
In exceptional cases, the state continues to pay a survivor's pension after the age of 23, namely:
- Disabled persons who were in the care of the deceased.
- Close relatives of the deceased, caring for children, grandchildren of the deceased, who are under 14 years old.
Termination of payment
Material maintenance is terminated for the following reasons:
- Achievement by a person of 18 years. If this was not followed by admission to the extension of studies in an educational organization.
- Performance 23 years.
- Working activity under the labor agreement.
- Exclusion from an educational institution.
- Transfer to evening training.
- Self denial.
- Death of the beneficiary.
- Failure to provide a certificate to the Fund on training.
- Conscription.
Suspension of compensation is carried out automatically at the appropriate age. In all other cases, the recipient needs to notify the FIU about the establishment of legally significant facts.
The recipient applies to the Fund with an application to terminate payments, indicating the reason and providing evidence. In case of non-application, an overpayment of funds occurs and subsequently the recipient will have to return the excessively received cash payments in a lump sum.
When studying at a university, a student must provide a certificate of study every year. The document must be signed by the rector, and also contain information about the duration of training and the name seal of the organization.
Question answer
Who is entitled to a survivor's pension?
The pension is accrued to disabled close relatives of the deceased or persons who are on his absolute support during his lifetime.
Changes in 2018.
From April 2018, there will be an increase in pension provision by 4.1%, social payments, as well as state compensation.
Until what age is the survivor's pension paid?
Material maintenance is legally provided for children under 18 years of age. In the case of a full-time study model - up to 23 years. Children with disabilities who are dependents under 18 years of age are subject to perpetual accruals. Parents and other close relatives of the elderly are paid on an ongoing basis.
When does the pension come?
The accrual is made once a month on the day on which the decision on her appointment was made.
Is it possible to work if a survivor's pension is accrued?
Formal employment will result in the termination of payments. However, it is possible to work without an employment contract, that is, without insurance contributions.
Terms of payment of the survivor's pension.
The duration of the security is either urgent or indefinite. This is due to a number of the above factors.
Survivor's pension if married.
Marriage is not grounds for terminating security. No piece of legislation contains a marriage reason for prohibiting payments.
Thus, the survivor's pension is often the only source of income and subsistence for individuals who have lost their breadwinner. Persons defined by law are entitled to receive such payments. For some, material content is established for life, for others - for a certain period of time.
