Pension for the widows of deceased military pensioners. The right of widows of military pensioners to a second pension Pension for the widow of a serviceman

At the same time, the right to a certain type of security is provided at the expense of the state and is not lost by a woman even if she remarries, because a woman is paid an allowance for the children of a deceased serviceman. Widows of servicemen can count on a pension in the amount of: 50% of the husband's allowance Provided that he is diagnosed with a disability in the service related to work duties 40% If the disability was an accident in the service and is not related to the performance of work duties To receive a pension, the widow of a serviceman needs to write a corresponding application and attach the following documents to it:

• a copy of the marriage certificate;
• a copy of the death certificate;
• money certificate;
• conclusion with cause of death.

At the same time, it is better not to delay with the registration of a pension, otherwise various difficulties may begin in the future.

Pension for widows of military personnel

Main calculation rules The principle of determining military pensions differs from that by which pensions are calculated for ordinary citizens. They are governed by other laws. In addition, the military is provided with maintenance from the state budget for length of service and in connection with a disability received at work.

Retired officers and soldiers receive an allowance, which is established:

• the appointment of pensions is regulated by Federal Law No. 4468-1;
• all payments are made at the expense of the federal budget;
• money for state support of this category of citizens is transferred through the relevant ministries.

There are three types of pensions for the military:

• for years of service;
• by disability;
• on the loss of a breadwinner.

A pension is assigned to the military within the time limits determined by law, namely, from the day of dismissal from service.

How a pension is assigned to widows of military personnel in Russia

For employees who are in places of deprivation of liberty, a pension can be assigned only from the period of their release. The legislative framework The calculation of pensions for military personnel is regulated by the legislation of Russia.

Here it is worth paying attention to the following laws: Federal Law No. 4468-1 dated February 12, 1993 (as amended on May 1, 2018) “On pension provision persons who have served in the internal affairs bodies…” Federal Law No. 166 of December 15, 2001 “On State Pensions in the Russian Federation” Calculating it is simpler than the insurance pension for civilians.

The pension is paid as a percentage of the financial allowance received during the service, certain categories are entitled to a percentage increase associated with the minimum state pension.

What types of pensions are due to military widows in 2018

By law, a woman who does not have sufficient work experience and has reached the age of 55 is only entitled to a social pension, the amount of which is established by law. A military widow can receive a survivor's pension or an old-age pension, which will be slightly higher social payments.
In addition, widows of the Russian military are entitled to receive one-time cash benefits:

• death benefit;
• burial allowance.

Will the pension for widows of military pensioners be increased in 2018? As before, the amount of payments directly depends on the length of service, position and cause of death of the military. If a military man died from an injury received in the service (dismissed to the reserve due to an injury that soon led to his death), the widow is entitled to receive 50% of the SDS.

Is a pension due to the widow of a military pensioner?

In the case when, during the determination of an additional pension for the wife of a deceased military pensioner, a certain period of activity of her spouse was not taken into account, a recalculation is possible. However, this action is carried out only once a year, in August.

At other times, recalculation is not possible. What you need to apply for a pension In order for the widow of a military pensioner to apply for a pension, she needs to come to the department where her late spouse received a pension and write a corresponding application there, which is sent to Pension Fund.
However, if it is about state pension, this application should also be submitted to the Ministry of Defense.

The main features of the military pension in 2018

Specialists should provide photocopies of all documents, but you must also have the originals with you so that you can confirm their authenticity. Also, the widow of a soldier, when applying for a pension, must give her written consent to the processing of her personal data. The entire package of documentation required for the calculation of military pensions for widows must be submitted within 10 working days from the date of dismissal of the deceased from the ranks Armed Forces Russian Federation. Making a calculation When calculating the pension of military personnel, specialists use the following formula: (ATS + HVD + NVL) x (50% + 3% for the last.

Pension to the widow of a military pensioner 2018

• Pensions of a civil type. Such pension accruals do not belong to the category of basic ones and are assigned only in cases where the deceased soldier has already received a insurance pension or has the right to issue it. Only the simultaneous observance of both of the above points can serve as the basis for the calculation and calculation of such a pension.
How is the pension for the widow of a military pensioner calculated? In practice, the following rules for calculating the pension for the widow of a military pensioner are applied:

1. An official application is sent to the appropriate authority to calculate such a pension.
2. Information is being prepared on the existing length of service of the late military pensioner.
3. Information is provided regarding the eligibility of the claims of the widow of a military pensioner for the accrual of her pension of the specified sample.

Second pension for widows of military pensioners in 2018 forum

Since the fate of the wife of military personnel is not simple, they were provided with compensation: a pension for the widow of a military pensioner in 2018. Taking into account constant moving, distant garrisons, lack of comfortable conditions and career opportunities, it is difficult for such a woman to find a job.

Therefore, the state takes care of the selfless and devoted spouses of servicemen and their families. The status of a military wife is considered in society, of course, very honorable, but risky, because there is no way to earn seniority and there is a big risk of remaining a widow without money to support children.

What benefits and pensions are due to the widows of the military? Widows of the military are entitled to several types of benefits and pensions.

Get compensation and benefits

The average pension for military personnel exceeds the average civilian pension in Russia. What are the main features of the military pension in 2018? Due to the crisis in the country, those who work will soon become fewer pensioners.

Among the honorary pensioners a special place is occupied by the military. At the same time, the question of how payments to military pensioners are calculated remains interesting.

Every year, their pension is increased, making an adjustment, taking into account the level of inflation. Important Information military pension individuals who:

• were officers, ensigns, midshipmen, or privates under contract, served with the internal troops, as well as in the armed forces of the CIS;
• were privates or officers in the Ministry of Internal Affairs, the fire service, or bodies that control illegal drug trafficking.

The retirement of military personnel is regulated by law.

How pensions are calculated for widows of military pensioners in 2018

WWII or a soldier who died in the performance of his professional duties during military service. As well as a military man who died due to injuries or injuries received while serving in the Army, they are guided by the following regulatory legal acts and Federal laws:

1. Federal Law No. 44681-1 dated February 12, 1993 “on pension provision for persons who have served in the military…”.
2. Federal Law No. 173 of December 17, 2001 "On labor pensions in the Russian Federation".
3. Federal Law No. 166 of December 15, 2001 "On State Pension Provision in the Russian Federation".
4. Federal Law No. 239 of December 21, 2006 "On Amending the Law on Pensions for Military Personnel".

Widows of servicemen who are entitled to a survivor's pension must, within the time limits established by Russian law, apply to an authority authorized to carry out these accruals.

Frequently Asked Questions Question 1. How much is the pension of the widow of a participant in the hostilities of the Great Patriotic War? Answer: The participants of the Second World War are equated to the soldiers of the Russian Federation who are in military service, therefore they have the right to accrue legal compensation on the same conditions as the pension for the widows of military personnel in 2018. Question 2. Does the Chernobyl widow receive a pension in Russia? Answer: Former spouse participant of the Chernobyl NPP can apply for both types of pension: in the event of the loss of the sole breadwinner and the state.

Important

Question 3. What are the payout delivery options? Answer: A widow's pension can be credited to a pensioner's bank account or through the Russian Post. The delivery method is chosen directly by the recipient.

Did misfortune befall you, and your spouse, a military pensioner, died? Are you afraid that you will not be able to live on one pension? In 2015, the State Duma took care of this issue and adopted a law according to which widows and widowers of this category will be able to receive two payments at once.

According to the authors of the bill, they were prompted to create it by residents of the cities of Baltiysk (Kaliningrad region) and Severodvinsk (Arkhangelsk region), for whom it is very difficult to live after the loss of a spouse. Today we will talk about who is entitled to the pension provision of a military pensioner and how this can be done.

What is a military pension

A military pension is a payment to a pensioner who has received sufficient seniority, having served in the ranks of the Armed Forces of the USSR and / or the Russian Federation, as well as when working in other bodies. In particular, these include:

bodies of internal affairs of the state;

Fire Service;

Federal Drug Control Service (FSKN);

Federal Penitentiary Service (FSIN);

other institutions.

The procedure for calculating payments of this kind is determined by the provisions of the Federal Law "On pensions for persons who have completed military service." According to Art. 13 of this regulatory act, persons with at least 20 years of service have the right to receive this type of pension provision. At the same time, an employee can terminate his labor activity regardless of age. When serving in special areas, the length of service can be calculated at the rate of 1 month for 2 or 1.5 labor under normal conditions.

Additionally, the length of service for the appointment of a military pension includes:

periods of military service on the territory of the CIS states;

time spent in custody in the event of an employee's unlawful imprisonment;

the time of a forced break resulting from illegal dismissal from office;

the time of military service of a mobilized officer receiving education in a civilian educational institution. The length of service is calculated based on the norm: 12 months of study = 6 months of experience.

So, we figured out what a military pension is. Did your spouse receive this type of allowance? Then you have the opportunity to receive two payments at once. Next, we will talk about the conditions of appointment in more detail.

Under what conditions can two pensions be awarded to a widow or widower

On January 1, 2016, a bill on the appointment of two payments to the spouses of deceased military pensioners came into force. According to its provisions, persons can receive accruals that are carried out by the Ministry of Defense of the Russian Federation, as well as an insurance pension. The first payments are made to widows or widowers of persons who received payments either for seniority or disability. In the second case, accruals are made if the military pensioner had grounds for receiving it due to age or disability.

A widow or widower of the specified category can receive a second pension if the following conditions are met:

1. The military pensioner died at the time of the transfer of funds to him.
2. The cause of death was a disease, contusion, injury, other injuries received by a person during his military service.
3. The widow (widower) of the deceased is also on an old-age or disability pension, or has a dependent child who has not yet reached the age of fourteen.
4. The widow (widower) is 50 years old.
5. The wife (husband) of a military pensioner has the right to apply for a survivor's pension if she has a dependent child of eight years or less.

So, if the above conditions are met, you have every right to receive the second pension of the late military pensioner. But what is needed for this and where should the widow turn?

Where to apply and what documents are needed

So, before starting registration, the widow or widower of the deceased must contact the regional military commissariat at the place of his residence in order to register. In this institution, you will need to write an appropriate application and, possibly, submit a document confirming the fact that the deceased served in the Armed Forces of the USSR and / or the Russian Federation. If you draw up a state pension, the corresponding application and a photocopy of the supporting document are sent by registered mail to the Ministry of Defense of the Russian Federation.

The next step is to contact the territorial branch of the Pension Fund. There you will need to fill out an application in the prescribed form and attach a certain package of papers to it. It includes the following documents:

1. Identification document of the applicant (widow's passport).
2. Death certificate of a military pensioner.
3. A document confirming the fact of registration of a widow (widower) with the military commissariat.
4. Confirmation of the fact of his service in the ranks of the Armed Forces of the USSR and / or the Russian Federation.
5. Confirmation kinship with the deceased (marriage certificate).
6. Confirmation of the right of a military pensioner to receive seniority payments.
7. A document confirming the work experience of the deceased.
8. A document establishing the amount of earnings of a deceased person in the period from 01/01/2001 to 01/01/2002.
9. Other documents.

Additional documents that the Pension Fund may require include certificates from a medical institution. The latter can confirm that the deceased has occupational diseases and injuries received while serving in the Armed Forces of the USSR and / or the Russian Federation. In addition, a document explaining the person's cause of death may be required.

After all the basic conditions are met, the Pension Fund is obliged to accept and consider your application. The legal time limit for this is 10 days. An exception may be cases in which the FIU will need additional documents to make a decision. Submission of an application and documents to the territorial office of the Pension Fund can be carried out personally, through an authorized applicant (a document certified by a notary is required, confirming his authority), or sent by registered mail. If the FIU refuses, the applicant has the right to go to court to appeal this decision.

In accordance with breaking news, pensions of military pensioners will be indexed on 01/01/2018. Also, today there is no information about the possible abolition of this rule, despite the difficult economic situation in the state. Therefore, if you had to face misfortune, you can apply for help to the Pension Fund and receive the pension of the deceased spouse that you are entitled to by law.

How to get a pension for the widow of a military pensioner?

When out of life close person no matter what age he was, and how many years have passed. The power of loss is not calculated in numbers. And it would be foolish to assume that money can measure the grief of a person who has lost a life partner. Unfortunately, the dead cannot be taken care of. But the living can and should be taken care of. Today we will talk about the guarantees that the state takes on in such cases. Namely, about what needs to be done in order to receive a pension for the widow of a military pensioner.

In 2015, there are two types of pensions assigned in connection with the death of the breadwinner to the widows of military pensioners:

6. a pension through the Ministry of Defense - is assigned if the deceased received a state pension for long service or a state pension in connection with disability;
7. pension under the "civilian line" - is additional and is paid only if the deceased military pensioner acquired the right (or received) to an insurance pension due to age or disability.

Let's look at both cases.

Conditions for receiving pensions by widows of military pensioners

In the first case, the widow of a military pensioner claims to receive a state pension in connection with the death of the breadwinner in accordance with Articles 28 and 29 of the Law of the Russian Federation No. 4468-I dated February 12, 1993. The following conditions are mandatory:

• pensioner - a former military man died when the pension was still being paid or within 60 months after the end of its payment;
• the death of a military pensioner occurred due to a wound, concussion, injury or disease acquired by him during his service in the Armed Forces of the Russian Federation;
• the spouse of the deceased has reached retirement age, has a disability, or is raising (caring for) a child of the deceased who has not yet reached the age of fourteen (the latter only if the widow is not officially employed).

If a deceased military pensioner acquired a disability due to a military injury and before his death received a disability pension through the military department, his wife has the right to apply for a preferential pension in connection with the death of the breadwinner:

• when she turns 50;
• if the child of the deceased, whom she is raising, is not yet 8 years old (in this case, the age of the woman and the degree of her employment are not determining factors).



Incidentally, in accordance with Art. 35 of Law No. 4468-I, a military widow can keep an already assigned pension upon remarriage.

Now consider the second case. The widow of the deceased may receive an additional pension in connection with the death of the breadwinner if the military pensioner earned the rights to a second pension under the “civilian line” (meaning age or disability insurance) before his death and the requirements of Art. 10 of the Federal Law No. 400 of December 28, 2013. At the same time, the “civilian” pension, as well as the state pension, will be preserved if the woman remarries.

How is the amount of the pension calculated?

The amount of the pension accrued to the widow of a military pensioner through the military department depends on several factors: the cause of death of the retired soldier, as well as his position, rank and length of service upon transition to retirement.

According to the provisions of articles 36 and 37 of Law No. 4468-I, the pension in connection with the death of the breadwinner is:

• half of the total monetary allowance of the former military man (SDS), if the cause of death was a military injury (clause "a" of article 21 of Law No. 4468-I), but not less than twice the estimated pension;
• 40% DSI if the cause of death was a disease acquired during the years of service (paragraph “b” of Article 21 of Law No. 4468-I), but not less than 1.5 times the estimated pension.

The amount of the additional pension in connection with the death of the breadwinner, assigned to the widows of military pensioners, is the product of the pension coefficient of the deceased and the value of one pension coefficient in the year of applying for a pension. At the same time, if the deceased has already received a second pension for some time, then the calculated value of the pension in connection with the death of the breadwinner must be divided by the number of disabled people who were dependent on him.



Additional pensions for the spouses of deceased military pensioners are paid only in the individual settlement part, without taking into account the fixed payment. If, when determining the additional pension for the widow of a military pensioner, any period of labor activity, which could affect the amount of the established pension, then once - in August, a year after the appointment of the pension, it is recalculated.

The increase in pensions already established for the widows of military pensioners is taking place on a par with other right holders. In February 2015, according to the adopted budget, the Pension Fund indexed pensions for the growth rate of consumer prices = 11.4%. In October, the planned increase in the DSS for military personnel by 5.5% is also expected, which should also be reflected in pensions paid in connection with the death of the breadwinner.

Registration of a pension

To apply for a pension, the widow of a military pensioner needs to appear at the pension department of her husband with a corresponding application. If we are talking about a state pension, then the application is submitted to the Ministry of Defense, if about an additional one, to the FIU. Attached to the application:

• applicant's passport;
• death certificate of a military pensioner + his military documents;
• a document certifying the relationship of the applicant with the deceased (for a widow, this is a marriage certificate);
• if the basis for receiving a pension is the upbringing of a minor child (see above), then a birth certificate of such a child / children, as well as certificates confirming the fact of upbringing / caring for this child, are provided;
• other documents upon request.

The authorities responsible for the payment and registration of pensions have the right to require evidence certifying the cause of death and the presence of a disease acquired in the former military service during the period of service.

After the documents are accepted, the decision on the payment of a pension is made within ten days. The pension is paid for the entire period of incapacity for work, and for those who are about to retire and older - for the rest of their lives.

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Can a widow receive a pension from her deceased husband - a military pensioner?



It is often quite difficult for the wife of a military pensioner to become the owner of a good seniority. This is usually due to the appointments of the spouse and frequent moves. Therefore, the issue of pension becomes relevant - what payments she can count on. This aspect becomes especially serious if the spouse is the only breadwinner in the family, and the wife herself is not capable. A situation may arise when, in the event of the death of a serviceman, the widow will simply be left without a livelihood. but Law number 4468-1 provides for such a situation.

What pension will the widow of a deceased military pensioner receive?

Under the prescribed provisions of the Law, the widow of a deceased military pensioner may receive one of the following pensions:

• on article 28 the right to such a pension is available if the deceased died in the performance of his duties, within three months after entering the reserve or due to injuries received;
• on article 30 a widow can apply for a reduced pension benefit if her husband has become disabled due to diseases or injuries received in the service.

In the first case, survivor benefits can be issued in situations where the widow has the status of incapacitated. They are accrued for the entire period of maintaining this status.

Pension accruals for the second category are assigned if the spouse reaches the age of 50 years. If she needs to take care of a child who has not yet reached the age of eight, then regardless of her ability to work and age, maintenance will be assigned in any case.

Separately, it is necessary to indicate the marriage of the wife of a deceased military pensioner:

• if the pension allowance was assigned due to incapacity and for lack of a source of income, then upon marriage it is considered that new husband takes over the provision, that is, the allowance is canceled;
• if there are children or relatives of the deceased spouse who are under the age of 14, her pension coverage remains in effect.

Wherein article 39 indicates that these payments are assigned for life to widows who have reached the age of 55. If we are talking about caring for a child or a relative, then the period is set for the time of their disability.

Second pension for widows of deceased military pensioners

Separately, it should be pointed out the possibility of receiving two pensions. This provision is provided article 7 Law 4468-1. It prescribes that the widow of a military pensioner can, along with payments for the loss of a breadwinner, receive other pension accruals provided for by current legislation.

However, it is immediately indicated that this provision is valid if such assistance is really needed. If the payments were appointed due to incapacity and at the same time remarriage occurs, then their appointment is canceled.

The situation with a double pension is quite complicated. Questions are often raised about the legitimacy of this provision. Therefore, each such case should be considered from an individual point of view.

Pension for the widow of a deceased military pensioner

To determine the amount of pensions received by a widow for a deceased military pensioner, you must contact articles 36 and 37:

• if the disability of the deceased was established as a result of a wound or other injury, his wife receives half of the established allowance;
• if the disability was assigned due to an accident or other circumstances not related to direct service, the pension accrual is set at 40% of the allowance.

At the same time, it is necessary to know that the allowance of a military pensioner includes not only his salaries according to his position and rank, but also an allowance for length of service.

Separately, it is necessary to take into account the death of a military pensioner as the loss of a breadwinner for his family. In this situation, it is prescribed that the amount of the accrued benefit should not be less than twice the value in the first case, and not less than one and a half times the value in the second.

Calculation of pensions for widows of deceased military pensioners in 2018

For 2018, an allowance for military pensioners is expected to be increased. This situation will be directly reflected in the pension provision of widows in the event of loss of a breadwinner. Even earlier, it was planned to significantly increase payments to 20%, but due to the difficult economic situation, this initiative had to be postponed.

To apply for pension payments to the widow of a deceased military pensioner, the following documents must be submitted:

• own passport and marriage certificate;
• spouse's death certificate along with his official documents;
• if necessary, provide birth certificates of children, as well as other documents confirming the right to receive benefits.

In this case, additional documentation may be required to confirm that the disability of the deceased was assigned due to service injuries or illnesses.

Is it possible for the widow of a military pensioner to receive his pension?

I am retired, 61 years old. 9 years ago, my husband in the rank of lieutenant colonel (pensioner) died. Can I receive his pension, or any part of it. Thanks.

Lawyers Answers (3)

You, as a disabled family member of the deceased breadwinner, can apply for a survivor's pension.

Federal Law No. 173-FZ of December 17, 2001 (as amended on June 4, 2014, as amended on November 19, 2015) “On labor pensions in the Russian Federation” Article 9. Conditions for granting a labor pension in case of loss of a breadwinner

1. Disabled members of the family of the deceased breadwinner who were dependent on him (with the exception of persons who have committed an intentional criminally punishable act that resulted in the death of the breadwinner and established in court) have the right to a labor pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article shall be granted the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the missing breadwinner is certified in the prescribed manner.
2. Disabled members of the family of the deceased breadwinner are recognized:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations that carry out educational activities, including in foreign organizations located outside the territory of the Russian Federation, if the referral for training is made in accordance with the international treaties of the Russian Federation, until they complete such training, but no longer than until they reach the age of 23 or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they became disabled before reaching the age of 18. At the same time, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled members of the family, provided that they do not have able-bodied parents;
(as amended by Federal Laws No. 213-FZ of July 24, 2009, No. 185-FZ of July 2, 2013)

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as the brother, sister or child of the deceased breadwinner who has reached the age of 18, if they are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, do not who have reached the age of 14 and are entitled to a labor pension in case of loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;
3) the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled;
(as amended by Federal Law No. 213-FZ of July 24, 2009)

4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

3. Family members of the deceased breadwinner shall be recognized as being dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.

4. Dependence of the children of deceased parents is assumed and does not require proof, with the exception of the said children who are declared in accordance with the legislation of the Russian Federation to be fully capable or who have reached the age of 18 years.
5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in case of loss of the breadwinner, if they, regardless of the time that has passed since his death, have lost their source of livelihood.
6. Family members of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who received some kind of pension themselves, have the right to transfer to a labor pension in case of loss of a breadwinner.
7. Labor pension in case of loss of the breadwinner-spouse is preserved upon entry into new marriage.
8. Adoptive parents have the right to a labor pension on the occasion of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who are entitled to a survivor's pension shall retain this right upon adoption.
9. The stepfather and stepmother are entitled to a survivor's pension on an equal basis with the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. The stepson and stepdaughter are entitled to a survivor's pension on an equal footing with their own children, if they were raised and supported by the deceased stepfather or stepmother, which are confirmed in the manner determined by the Government of the Russian Federation.
10. Labor pension in case of loss of the breadwinner is established regardless of the duration insurance experience the breadwinner, as well as the cause and time of his death, except for the cases provided for in paragraph 11 of this article.
11. In the event that the deceased insured person has no insurance record, and also in the event that the person commits an intentional criminal act that resulted in the death of the breadwinner and is established in court, a social pension is established in case of loss of the breadwinner in accordance with the Federal Law "On State Pension Insurance". provision in the Russian Federation”. In this case, paragraph 12 of this article shall apply.
(Clause 11 as amended by Federal Law No. 213-FZ of July 24, 2009)
12. In the event that the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the adjustment of the size of this part of the specified pension, taking into account additional pension savings, the funds accounted for in the special part of his individual personal account (with the exception of the funds (part of the funds) of the maternity (family) capital aimed at the formation of the funded part of the labor pension, and income from their investment), are paid in the prescribed manner to the persons specified in paragraph 12 Article 16 of this Federal Law. At the same time, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to determine specific persons from among those indicated in paragraph 12 of Article 16 of this Federal Law or from among other persons to whom such payment may be made, and also to establish in what shares the above funds should be distributed among them. The specified application may be submitted in the form of an electronic document, the procedure for issuing which is determined by the Government of the Russian Federation and which is transmitted using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services. In the absence of this application, the funds recorded in the special part of the individual personal account, payable to the relatives of the insured person, are distributed among them in equal shares.

(as amended by Federal Laws No. 213-FZ of 24.07.2009, No. 378-FZ of 27.12.2009, No. 227-FZ of 27.07.2010, No. 243-FZ of 03.12.2012)

(see text in previous edition)

Clarification of the client

Thanks a lot. And where should I turn? - to the military registration and enlistment office or to the pension fund (after serving in the army, he worked for several years as an engineer at the airport)

Have a question for a lawyer?

A military pension for a widow is a pension for the widow of a serviceman on the occasion of the loss of a breadwinner who served:

As an officer, ensign, midshipman or military service under a contract or conscription as a soldier, sailor, sergeant and foreman in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States; the Federal Border Service of the Russian Federation and the bodies and organizations of the Border Service of the Russian Federation; in the Internal Troops of the Ministry of Internal Affairs of the Russian Federation and in the Railway Troops of the Russian Federation; federal bodies of government communications and information; troops civil defense; bodies of the federal security service and border troops; federal bodies of state protection, bodies of foreign intelligence of the Russian Federation; other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation; in the internal affairs bodies of the Russian Federation;
- in the bodies and institutions of the Prosecutor General's Office of the Russian Federation and had a class rank;
- in the customs authorities of the Russian Federation;
- in the tax police;
- in the State Fire Service,
- bodies for control over the circulation of narcotic drugs and psychotropic substances;
- in institutions and bodies of the penitentiary system.
Assignment of pensions on the occasion of the loss of a breadwinner is carried out on the basis of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service, service in the internal affairs bodies, the state fire service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families”, as well as Federal Law No. 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation”, Federal Law No. 166-FZ of December 15, 2001 “On state pension provision in Russian Federation".
A widow's survivor's pension is granted if:
- the breadwinner died (died) during the service;
or
- the breadwinner died (died) no later than three months from the date of dismissal from the service or later than this period, but as a result of injury, concussion, injury or illness received during the period of service,
or
- the pensioner's breadwinner died during the period of receipt of the pension or not later than five years after the termination of the payment of his pension.
A widow is entitled to a survivor's pension if she:
- after the death of the breadwinner, she lost her source of livelihood;
or
- is disabled, i.e.:
a) has reached the age of 55;
or
b) is disabled;
or
c) is busy caring for the children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14 and does not work;
In addition, the widow has the right to a pension on preferential terms if the breadwinner was disabled due to injury, concussion, injury or illness received in the defense of the Motherland, including those received in connection with being at the front, serving abroad in states, where hostilities were conducted, or in the performance of other duties of military service (official duties), during their stay in captivity. Such a pension will be paid if:
a) the widow has reached the age of 50;
or
b) regardless of age, ability to work and whether she works or not, including regardless of whether she is doing military service, she is busy caring for the child of the deceased, who has not reached the age of 8.
Military pension for the widow on the occasion of the loss of a breadwinner:
A serviceman who served in the military as a soldier, sailor, sergeant or foreman is established (as a percentage of social pension old age - from April 1, 2013 it is 3,692.35 rubles) in the following amount, depending on the cause of death:
- due to military trauma - 200%;
- due to a disease received during military service - 150%.
A serviceman who has served in the military as an officer, ensign or midshipman or military service under a contract in the Armed Forces or other military formations of the Russian Federation or the CIS are established in the following sizes:
- as a result of a military injury - 40% of the amount of the breadwinner's allowance for each disabled family member (but not less than 200% of the fixed basic old-age labor pension);
- as a result of an illness received during the period of military service, - an injury received as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to the performance of military service duties (official duties), - 30% of the amounts the breadwinner's monetary allowance for each disabled family member (but not less than 150% of the fixed basic old-age labor pension).
The amount of monetary allowance for calculating a pension is determined by Art. 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pensions for persons who have served in the military, served in the internal affairs bodies, the state fire service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families."
It must be borne in mind that the widow of a serviceman has the right to receive two pensions:
1) on the occasion of the loss of a breadwinner;
2) an old-age or disability labor pension, or a social pension (for widows who do not work and take care of children, brothers or sisters of the deceased breadwinner under 14 years of age, or have reached the age of 55, or are disabled).
The establishment of the second pension is carried out in a declarative manner. Therefore, the widows of servicemen who died due to a military injury must contact the Department of the Pension Fund of the Russian Federation at the place of registration with an appropriate application.

An application must be addressed to the FIU, it makes a decision and pays pensions. Please call ahead for a list of documents.

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The widows of deceased military personnel are entitled to a pension for the loss of a breadwinner. The spouse of the deceased can claim the second payments when raising military dependents, achieving retirement age or having a disability. The amount of payments depends on the cause of death of the military. A survivor's pension is issued through the military registration and enlistment office, the social or insurance part - through the pension fund, additional benefits and payments - in the social insurance department.

The life of the wives of servicemen is associated with many difficulties: worries about the life and health of a spouse, constant moving, unsettled life. It is precisely because of the change of residence that it is difficult for a woman to get a permanent job, make a career, earn an insurance record. Therefore, often upon reaching retirement age, military wives can only claim social security or a minimum labor pension.

And if the spouse passes away before this period, the widow is completely left without a means of subsistence. The lack of financial support is felt especially acutely by the wives of the deceased military, who are under the care of their husband's minor joint children or orphans. The only source of income in this case is the survivor's benefit, which is also paid to the widows or widowers of a deceased serviceman. The conditions and amounts of such support are prescribed in Law No. 4468-I of February 12, 1993 “On pension provision for persons who have completed military service”.

According to Art. 7 of this regulation, military spouses are entitled to receive two types of payments simultaneously:

• survivor's benefit;
• any second pension established by law, with the exception of social survivors' pensions.

The receipt of a second earned pension for the widows of deceased soldiers is regulated by Federal Law No. 400 “On labor pensions”, payments for length of service, social benefits, including age and disability - Federal Law No. 166 “On state pension provision”.

Conditions for receiving a widow's survivor's pension

The survivor's benefit is paid to the widows of military personnel who served in the ranks of:

• armed forces of the Russian Federation;
• bodies of internal affairs and the penitentiary system;
• "Rosguard";
• state fire service;
• bodies for the control of the circulation of drugs and psychotropic substances;
• military formations of the former Soviet Union.

Payments are assigned in case of death / death of the military:

• during the service;
• within 3 months after dismissal;
• due to illness, injury, injury, concussion during the service, regardless of the period that has passed since the resignation;
• while receiving a pension;
• after the termination of pension payments, but no later than 5 years.

Note! The widows of military personnel who died while in captivity or went missing during the conduct of hostilities are equated to the widows of those who died at the front.

Spouses who:

1. Disabled.
2. Lost livelihood after death of husband/wife.
3. They bring up children under 14 years of age. It can be children, brothers, sisters, grandchildren of the deceased. In this case, a woman should not be employed.
4. Reached retirement age: 55.5 years for women in 2018, 60.5 years for men.

The right to receive a spouse's military pension is retained even after remarriage. However, in this case, the possibility of obtaining a second pension provision is lost.

The right to a pension on preferential terms

The wives or husbands of deceased soldiers are entitled to preferential pension provision due to disability resulting from injury, injury, illness during:

• stay at the front;
• serving abroad during the conduct of hostilities;
• being in captivity;
• performance of other military/official duties.

In this case, payments are assigned:

1. When the spouse reaches retirement age.
2. When caring for children up to the age of 8, regardless of whether the spouse works or not.

If a woman or a man lost not only her husband/wife, but also the children who served, for the reasons listed above, she/he has the right to choose one payment related to the death of the breadwinner.

Conditions for granting a second pension to widows

The second pension of the widow of a military pensioner is assigned only if the woman does not remarry. In this case, she or he, in addition to survivor benefits, may receive:

1. Labor (insurance) pension upon reaching retirement age.
2. Early retirement or seniority payments.
3. Social Security by age, if they could not earn the length of service necessary for receiving a pension.
4. Disability allowance.

If a widow/widower remarries, she must choose one pension plan.

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The life of a soldier is often characterized by frequent moves, so it is not always easy for his wife to find a job and provide pension payments in old age. So that the widow of an officer does not remain without a livelihood in old age, the state provides for special measures of social support.

Conditions for assigning a pension to the widow of a deceased military pensioner

The amount and conditions for calculating benefits are regulated by the Law of the Russian Federation No. 4468-1 “On pension provision for persons who have completed military service” dated 12.02.1993.

Depending on the circumstances, the widow may be assigned:

• Military pension or survivor benefits. Those widows can apply for it, whose husband at the time of death (or no later than 5 years before) received state pension payments for service in the Armed Forces.
• Insurance or social pension. Appointed upon reaching retirement age, subject to other conditions stipulated by law.

In some cases, a widow may receive both types of pension (for example, social and survivors' pensions). At the same time, according to Article 35 of Law No. 4468-1, the pension to the wife of a deceased military pensioner is preserved even upon entering into a new marriage (exceptions to this rule are discussed below).

Military

This type of state security is due to women if the cause of death of their husband was a disability (mutilation, illness, injury) received during military service. In this case, the allowance due to the widow is calculated as a percentage of the state allowance that the deceased received during his lifetime.

On the loss of a breadwinner

To receive this type of social benefits, the death of a serviceman must not be associated with a health disorder received in the service, and the widow herself must meet at least one of the following criteria:

• Be over 55 years of age.
• Have a disability documented by a medical and social examination (ITU).
• To take care of the children (or close relatives) of the deceased, who are under 14 years old. As a general rule, a woman who is assigned such pension payments should not work. If the person being cared for is under 8 years old, it does not matter if the recipient has another job.

Military-type pensions and survivors' benefits are subject to all types of statutory multipliers (for example, for residents of the northern territories).

If you lose the right to this benefit (for example, when moving from the Far North to warmer regions), the pension is recalculated according to the new criteria.

Double

By law, women who have reached the age of 55 are entitled to state security for old age. This pension can be:

• Labor. It is assigned to persons who have completed the insurance period established by law and have the required number of pension points.
• Social. Appointed to those who cannot apply for an insurance-type pension.

As a general rule, receiving these state social subsidies together with the survivor's benefit is not allowed - the widow must choose one option. At the same time, a military pension can be combined with an insurance or social one - this is stated in Article 7 of Law No. 4468-1. At the same time, in the event of a new marriage, the widow loses the right to simultaneously receive two types of security and the accruals are recalculated.

Registration procedure

A pension for widows of pensioners with military state support is assigned after consideration of the application and a package of documents by the Pension Fund of Russia (PFR). You can apply in different ways:

• on the FIU website;
• by contacting the Multifunctional Center;
• sending papers by registered mail;
• entrusting this process to a trusted person.

What documents are needed

An application to the Pension Fund of Russia must be accompanied by a package of documents. It includes:

• Certificate of death of a serviceman (if a person is missing, then a court decision is required).
• Marriage certificate.
• Information about the composition of the family.
• Birth certificate of a child - if the deceased pensioner has children under the age of 14 years.
• ITU certificate - if the widow has a disability group.
• Passport of the guarantor and a notarized power of attorney - if the documents are submitted through a legal representative.

Terms of application and appointment of pension payments

According to the law, a widow can apply for a military pension from the day of her husband's death, for a survivor's allowance - with the onset of circumstances provided for by law (for example, disability, if the allowance is assigned for this reason). At the same time, the due funds are paid only for the previous 12 months, so it is important to file in a timely manner Required documents. Depending on the reason for the appointment, the benefit is either permanent or temporary. The table shows in which cases, according to the law, payments are terminated:

Payout amount

The amount of state benefit to be awarded to a widow may be fixed or regulated by a number of factors. The table reflects all types of pensions that can be determined in such cases and gives the conditions that determine the amount of payments:

Type of pension	Amount of pension benefit
	40% of the pensioner's allowance. The payment has a minimum amount - 200% of the amount of the social pension established on the basis of Federal Law No. 166-FZ "On State Pension Provision in the Russian Federation" dated 12/15/2001. The appointment occurs if the death of the pensioner husband occurred due to illness or other health disorder received in the service.
On the loss of a breadwinner	Calculated individually. The determining factors are: The amount of state support for the deceased (determined by his position at the time of dismissal from the Armed Forces, length of service, reduction coefficient for military pensioners, etc.). The number of persons who are dependent on him (including those requiring care). The income of the recipient widow.
Insurance	It is appointed in the presence of the insurance period established by law and the required number of pension coefficients. This payment may supplement the assigned military pension or state support for the loss of a breadwinner.
Social	This state payment is assigned when a woman reaches the age of 55 and does not have the right to an insurance pension. Minimum size regulated by regional legislation, for example, for Moscow in 2019 it is equal to 11,816 rubles (the amount is indicated without allowances and surcharges). Like a contributory pension, this payment can also supplement other state pension benefits that are due in this case.

Video

Most of the women who marry military personnel face the problem of constant moving. Life in a military camp is often accompanied by difficulties associated with finding a job.

For this reason, in many military families, the main source of income is the husband's salary, or his pension. And in the event of the death of the husband, the wife is left without a source of income.

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Therefore, the state provided for a measure regulating the rights of such women - a survivor's pension.

concept

The military pension is cash, which are paid to a person who has sufficient work experience in such organizations:

• ATS of the country;
• fire service;
• FSKN;
• FSIN and other institutions.

Such payments are accrued in accordance with the law "On pensions for persons who have completed military service."

This normative act contains Article 13, according to which persons with at least 20 years of service can receive this type of material support. At the same time, the right to complete service does not depend on age.

One month of work experience in certain regions can be conditionally taken as 2 or 1.5 years of service under normal conditions.

When approving a pension for the widow of a military pensioner, the following may also be included:

• The periods during which the citizen did military service in other CIS states;
• periods of unlawful imprisonment;
• interruptions resulting from unlawful dismissal from office;
• the time of service of mobilized officers who are trained in educational institutions. In such cases, one year of study is equivalent to 6 months of experience.

Types of help

Depending on which institution makes payments, there are two types of pensions for the widow of a military pensioner:

1. the first type of material benefit is paid by the Ministry of Defense in such cases when the husband received a seniority pension, or retired due to disability;
2. a cash allowance that is paid to PF citizens if the deceased was already retired and was paid insurance or a disability pension.

How the pension is calculated for the widow of a military pensioner by the Ministry of Defense

If material resources were paid by the Ministry of Defense, then the widow will receive assistance for the loss of a breadwinner.

This is possible under one of the following circumstances:

• In the event that the husband was in reserve and received a pension, or within 60 months after its payment was completed;
• if the deceased died as a result of an injury, injury or disease that he acquired during the service;
• if the spouse reaches retirement age or becomes disabled;
• if the wife does not work officially, and at the same time she has a son or daughter of the deceased under the age of 14 as her dependent.

The legislation provides that if the deceased acquired a disability as a result of a military injury, and if he was paid a disability allowance, the wife has the right to receive preferential pension for the loss of a breadwinner:

• Upon reaching the age of 50;
• if the widow has a dependent son or daughter of the deceased under 8 years of age. The age of the wife and her ability to work under such circumstances do not matter.

Video: Sherin A.N. about payments

pension fund

In this case, the wife of the deceased is provided with an additional pension for the loss of a breadwinner. She can receive such support only if the pensioner before his death earned the right to receive a second, civil pension.

At the same time, the wife of the deceased, who remarried, has the right to maintain the already assigned material support.

All types of financial assistance are divided into three categories:

1. for the loss of a breadwinner (paid to disabled wives);
2. state (accrued if the wife has a seniority of 15 years);
3. widows of WWII veterans.

Dimensions in 2020

To understand how the survivor's pension is calculated, you need to know that its value depends on the following factors:

• The position held by the former spouse;
• length of service;
• rank;
• cause of death.

So, in the event of a spouse being transferred to the reserve or dying as a result of an injury received in the service, the amount of material assistance will be 50% of his monetary allowance (SDS).

If the husband died as a result of an illness acquired in the service, then the amount of the pension paid to the widow will be 40% of the SDS.

The final amount is calculated taking into account the pension coefficients of the serviceman and the value of the pension coefficient that is relevant at the time when the spouse submitted paperwork for registration. In the case when the deceased was already paid a pension, the calculation will also take into account the number of persons who were dependent on the military before his death.

When assigning an additional pension, the individual settlement part is taken as the basis, while the fixed payment does not affect it.

The recalculation is carried out in the same way: if the payment was assigned without any coefficient affecting the amount, then the woman has the right to re-submit an application with a request to recalculate the amount, taking into account the missing period.

Minimum size

Depending on what service the deceased was in - contract or draft, the amount of the pension is determined.

This amount also depends on the cause of his death:

Persons living in the Far North and in areas that are equated to it, due to regional coefficients, are entitled to higher payments.

If such a citizen moves to a permanent place of residence in other regions of the country, the pension is subject to recalculation in accordance with the rules of the new place of residence.

Registration procedure

Those who do not know how to apply for financial assistance should, first of all, be registered with the regional military commissariat. Along with the application, you will need to provide documents proving that the deceased actually served.

When applying for a state pension, an application and a photocopy of supporting documents are sent by registered mail.

The package of documents includes:

• Applicant's passport.
• A document confirming the death of her husband.
• Certificate of registration of the applicant with the military registration and enlistment office.
• Marriage certificate.
• A document confirming the right of the deceased to seniority payments.
• Help with work experience husband.

In addition to the above documents, additional papers may also be required. For example, if the deceased has any occupational disease, it will be necessary to provide confirmation of this fact to the PF.

Such evidence is obtained in the medical institution in which the deceased was treated. All certificates must be certified by the signatures of responsible doctors, as well as seals.

Another document that may be required when applying for benefits is a certificate explaining the cause of death of a serviceman.

After providing the PF with all the necessary documentation, the employees of this institution are obliged to accept and consider the submitted application. According to the law, the term of its consideration should be no more than 10 days.

If it becomes necessary to provide additional documents, the period for consideration of the application may be extended by the time it takes to collect them.

An applicant can submit an application with documents to the Pension Fund either personally or through an authorized person. At the same time, an authorized citizen must have a document with a notarized signature and seal that he really has such powers.

Also, the applicant can send all the necessary documentation by registered mail. If the Pension Fund for any reason refuses to accrue a pension to the widow, she has the right to file an application with the court and appeal against this decision.

Accrual after remarriage

As stated in Law No. 4468-1 (Article 35), after the spouse of a deceased serviceman remarries, her material benefits for the loss of a breadwinner will continue and be paid in full.

In the event of a number of circumstances, such payments may be terminated:

• After the execution, the child who remained dependent on the widow is 14 years old;
• in case of removal of a previously established disability;
• if the widow takes a job and begins to receive official income.

Two pensions