A survivor's pension is awarded. Survivor's insurance pension - who is entitled, documents and procedure for registration

The death of one of the relatives is always a great grief. In addition to emotional, spiritual loss, the family also begins to experience a lack of finances. To correct this state of affairs, the state appoints survivor's benefit. To whom is survivor benefit paid? In accordance with this include:

• relatives (children, brothers and sisters) who under 18 years of age. Survivor's benefit is not paid after the age of 18, except for students up to 23 years old who are studying on a full-time basis in various educational institutions. In addition, the child benefit for the loss of a breadwinner (brothers, sisters) should be paid for life if they became before the age of majority. Survivor's benefit, if there are two children, each child receives;
• parents and a widowed spouse older than 60 (for men) and 55 years(for women) or in case of their disability. The allowance is due to the widow in case of her unemployment and until the moment of remarriage;
• children who are adopted. They are endowed with the same rights as their own children;
• relatives of the deceased who are caring for his brothers, sisters, children;
• relatives with disabilities who have reached retirement age in the absence of persons who will care for them, support them.

In the event of the loss of a breadwinner, his family members are entitled to a state or insurance pension in the event of the loss of a breadwinner. We will talk about the conditions for assigning a state pension for the loss of a breadwinner in the article.

Who is entitled to a survivor's pension

In Russia, the appointment and payment of a survivor's pension is regulated by two laws. These are the Federal Law of December 15, 2011 N 166-FZ "On State Pension Provision in the Russian Federation" (hereinafter - 166-FZ) and the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions" (hereinafter - 400-FZ ). Pensions granted under Law 166-FZ are called "survivor's pensions", and pensions granted under Law 400-FZ are called " insurance survivor's pension".

But it is important to note that if a citizen does not have the right to receive insurance survivor's pension under Law 400-FZ, then the specified pension is assigned to him in accordance with Law 166-FZ.

In this article, we consider the conditions for the appointment of a state pension in the event of the loss of a breadwinner under the law 166-FZ. According to this law, the pension is assigned family members the following categories of persons:

• military personnel;
• citizens affected by radiation or man-made disasters;
• astronauts.

In this case, the pension is assigned only in the event of the death of the listed persons.

Family members of other categories of persons (not listed above) receive insurance survivor's pension in accordance with the norms of the law 400-FZ.

Under the family members of the deceased breadwinner, who are entitled to a pension under the law 166-FZ, are meant:

1. children, brothers, sisters and grandchildren under the age of 18;
2. the same persons, if they study full-time - for the entire period of study, but not older than 23 years;
3. the same persons over 18 years of age, if they became disabled before reaching the age of 18 years. Please note that brothers, sisters and grandchildren of the deceased breadwinner have the right to sing only on the condition that they do not have able-bodied parents;
4. one of the parents, spouse, grandfather, grandmother, brother, sister - if they are busy caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14, and at the same time they do not work;
5. parents, spouse, grandfather, grandmother, if they have reached the age of 60 years (men) and 55 years (women), or are disabled.

Conditions for granting a survivor's pension

The basis for assigning a pension in case of loss of a breadwinner is the death of the breadwinner, as well as the fact that a citizen is recognized as dead or missing. In this case, the right to a pension arises for disabled members of the family of the deceased breadwinner who were dependent on him during his lifetime. However, there are exceptions due to the fact that some family members may not be dependents. These include: one of the parents, spouse, grandfather, grandmother, regardless of age and ability to work, as well as non-working brother, sister or child of the deceased breadwinner, if they are busy caring for the children, brothers, sisters or grandchildren of the deceased breadwinner who are under 14 years. That is, these persons can receive a survivor's pension not because they are dependent, but due to the lack of earnings and care for minor members of the family of the breadwinner who have not reached 14 years of age.

The loss of a breadwinner is understood as the death (death) of a breadwinner or his unknown absence and recognition as dead.

Death of a citizen is a legal fact. And this fact must be confirmed in the manner prescribed by law. The document confirming the fact of death is a death certificate, which is issued on the basis of death registration in the registry office. The death certificate shall indicate: surname, name, patronymic, date and place of birth, citizenship, date and place of death of the deceased; date of compilation and record number of the death certificate; place of state registration of death (name of the civil registry office that performed state registration of death); date of issue of the death certificate.

Citizen recognition missing is carried out at the request of interested persons if he is absent from his place of residence during the year and his family members do not have any information about him or his whereabouts. In this case, we are talking about the place of residence, and not about the place of registration. An application for recognizing a citizen as missing or for declaring a citizen dead is filed with the court at the place of residence or location of the person concerned.

The citizen may be declared dead only by the court. In this case, the main condition is the absence of information about the place of his stay for five years. But this period may be six months if the citizen went missing under circumstances threatening death or giving reason to believe that his death was the result of a certain accident. Such circumstances may be natural disasters, air crashes, fires, etc.

If a citizen (serviceman) has gone missing as a result of hostilities, he may be declared dead not earlier than two years after the end of hostilities.

The day of death of a citizen declared dead is the day when the court decision on declaring him dead comes into force. But if a citizen has gone missing under circumstances that give reason to assume his death, then the court may recognize the day of death as the day of his alleged death.

The procedure for assigning a survivor's pension

A family member of the deceased breadwinner submits to the territorial body of the Pension Fund of the Russian Federation at the place of his residence an application for the appointment of a pension for the loss of the breadwinner and the necessary documents. The application and documents can be sent to the territorial body of the PFR by mail or through the MFC, or in the form of an electronic document. In the absence of a place of residence confirmed by registration on the territory of the Russian Federation, the place of application for the appointment of a pension is determined by the place of residence of a family member.

The Pension Fund of the Russian Federation considers an application for a pension within 10 working days from the date of receipt of the application and all necessary documents.

The survivor's pension is assigned from the day of applying for it, but not earlier than the day the right to it arises. A pension may be assigned earlier than the day of application if the application occurred within 12 months from the date of the death of the breadwinner. In this case, the appointment of a pension occurs from the day of the death of the breadwinner. But if more than 12 months have passed since the date of death, then the appointment can be no earlier than 12 months from the date of application.

The survivor's pension is granted for the period during which the applicant is considered disabled, including indefinitely.

What documents are needed for a survivor's pension

The following documents are required to apply for a survivor's pension:

• an application for a pension;
• documents proving the identity of a citizen, as well as confirming his age and citizenship;
• certificate of death of the breadwinner or documents on the missing person or on the declaration of the breadwinner as dead;
• documents confirming family relationship with the breadwinner (certificates of birth, adoption, marriage or divorce);
• documents on the age of the deceased breadwinner on the date of death (passport);
• insurance certificate of compulsory pension insurance;
• documents confirming the identity and authority of the representative (when applying to the FIU through a representative).

In addition, depending on the specific circumstances, the following additional documents may be required:

• that the disabled family member is dependent on the deceased breadwinner;
• about the absence of able-bodied parents;
• about the absence of a source of income;
• about the death of the second parent;
• on the individual pension coefficient of the second deceased parent.

If the breadwinner was a military man, then when applying for a pension, you will need documents confirming:

• the fact and cause of death (death) of a serviceman;
• the causal connection of his death with a military injury or disease received during military service;
• terms of military service on conscription;
• not entering into a new marriage of the widow of a serviceman.

Appointment of a pension in cases of adoption

Adopted children and their offspring in relation to adoptive parents and their relatives, as well as adoptive parents and their relatives in relation to adopted children and their offspring, are equated with rights and obligations to relatives by origin.

The request for adoption is satisfied by the court on the basis of the application and other documents. The court recognizes the child as adopted by specific persons or a person and indicates in the court decision all the data about the adopted child and the adoptive parents necessary for the state registration of the adoption in the civil registry offices.

A child who at the time of his adoption has the right to a pension and benefits due to the death of his biological parents retains this right even when he is adopted. But in the event that the child's parents died after his adoption, and at the same time the child did not have the right to a pension, then he does not acquire the right to a survivor's pension. Also, a child cannot receive a survivor's pension if his adoption occurred after he reached the age of 18, and previously he was not entitled to such a pension.

A stepfather and stepmother are entitled to a survivor's pension if they have supported a stepson or stepdaughter for at least five years. Likewise, a stepson and stepdaughter may receive a survivor's pension if they were supported by a deceased stepfather or stepmother.

Registration of a survivor's pension in Moscow, the amount of a survivor's pension, categories of citizens eligible for this pension, documents for registration of a survivor's pension, types of survivor's pensions.

General provisions

Federal legislation provides for the payment of a pension to disabled family members in the event of the death of the person they depended on (breadwinner). To apply for a survivor's pension, you must prepare a package of documents and contact the district office of the Pension Fund or the MFC.

Federal Law No. 173-FZ of December 17, 2001 provides for the payment of a survivor's pension. This pension is awarded in the event of the death of a citizen of the Russian Federation who had one or more dependents, including children under 18, disabled parents and spouse, as well as other relatives. In this case, if the breadwinner is missing, his family is equated to the family of the deceased breadwinner and also has the right to receive a pension.

It should be noted that family members of the deceased breadwinner are 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.

The labor pension on the occasion of the loss of a breadwinner is assigned from the day of the death of the breadwinner. In this case, the application for the specified pension must follow no later than 12 months from the date of death of the breadwinner. Otherwise, if this period is exceeded, the survivor's pension will be paid only for the past 12 months.

The labor pension in case of loss of a breadwinner is assigned for the period during which the relevant person is considered disabled (not working), including indefinitely.

According to Art. 9 of Law No. 173-FZ, the circle of persons entitled to receive a survivor's pension includes:

• children, brothers, sisters and grandchildren of the deceased breadwinner under the age of 18 or studying full-time in educational institutions of all types and types (regardless of their organizational and legal form, including in foreign educational institutions 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, with the exception of educational institutions of additional education), 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 become 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.

• one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14 years old and entitled to a survivor's pension, and do not work;

* In this case, one of the parents, spouse or other family members specified in this paragraph, the specified pension is assigned regardless of whether they were dependent on the deceased breadwinner or not.

• 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;
• 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.

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

Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, are entitled to a labor pension on the occasion of the loss of the breadwinner, if they, regardless of the time that has passed since his death, have lost their source of livelihood.

Family members of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who themselves received some kind of pension, are entitled to transfer to the labor pension in case of loss of the breadwinner.

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

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

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.

Depending on the employment of the deceased breadwinner, there are several types of calculation of the survivor's pension.

Survivor's insurance pension

This type of benefit is assigned if the deceased had at least one day of retirement experience (that is, a citizen or his employer made contributions to the pension insurance fund).

Who can receive this pension?

• Children, brothers, sisters, grandchildren of the breadwinner who have not reached the age of majority, or have reached the age of majority, but have become disabled by this moment, or who are studying full-time, but not older than 23 years.
• A non-working spouse, one of the parents, grandparents, as well as a brother, sister or child who has reached the age of majority and takes care of the children, brothers, sisters, grandchildren of the deceased breadwinner up to 14 years of age.
• Parents, spouse, grandparents who have reached retirement age or are disabled.

For the calculation of this pension for each of the above categories, there are a number of criteria for determining the right to receive this pension. In particular, incapacity for work, and consequently, the fact of the dependence of minor children does not need proof. If the dependents of the deceased received any pension prior to the death of the breadwinner, they are entitled to switch to the survivor's benefit if it is higher. The survivor's pension is maintained if the recipient remarries.

It should be noted that foster children, along with relatives, are also entitled to an insurance pension after the death of the breadwinner. The same applies to adoptive parents (with the same rights as parents), as well as a stepfather or stepmother (with the rights of parents, if the child was raised for at least five years), stepchildren and stepdaughters (with the rights of natural children, if the adoptive parents supported them). In addition, adopted minor children can count on a pension.

What are the conditions for granting a survivor's insurance pension?

The basis for the payment of the insurance pension is the insured event itself, i.e. the death of the breadwinner or his recognition as missing. At the same time, the deceased has an insurance period (at least one day) and his death did not occur due to an unlawful act committed by a disabled family member (dependent). Otherwise, a social pension is assigned.

How to apply for a survivor's pension?

To apply for a survivor's pension, contact:

• to the Pension Fund of the Russian Federation (PFR) at the place of registration or place of actual residence;
• to the multifunctional center (MFC) at the place of registration;
• to the Pension Fund of Russia in Moscow (for citizens who permanently live outside our country and do not have a place of registration or a place of residence here);
• through the official website of the FIU in electronic form.

You can apply for a pension either in person or through a trusted representative.

Documents required for applying for a pension:

• passport, registration certificate or residence permit, birth or adoption certificate;
• document on compulsory pension insurance (SNILS);
• certificate of death of the breadwinner;
• documents confirming the insurance experience of the deceased breadwinner (work book or certificate of experience);
• other documents specifying additional circumstances (dependence of the deceased breadwinner, absence of able-bodied parents, loss of a source of livelihood).

What are the deadlines for issuing a survivor's pension?

Citizens who are entitled to this benefit can apply for a pension at any time after the death of the breadwinner. The period of application is not limited. However, it must be borne in mind that the insurance pension is assigned from the day the insured event occurs (that is, the death of the breadwinner). To receive a pension starting from the day of the insured event, if applicants need to apply for this pension no later than 12 months from the date of his death of the breadwinner. Otherwise, the pension will be paid only for the past 12 months.

The period of payment of the survivor's pension is equal to the period of incapacity for work of dependents. If such a period is not established, the pension is assigned indefinitely.

If the applicant is already in receipt of a pension and applies for a survivor's pension, the higher pension is awarded to him.

If during the period of receiving a pension the recipient changes his place of residence, then his case is transferred to the new place of residence.

What is the amount of the survivor's insurance pension?

The survivor's insurance pension consists of two parts: the insurance pension and the fixed payment.

• The insurance pension depends on the number of pension contributions made to the pension insurance fund and is calculated individually.
• A fixed payment is established in a strictly defined amount, established by law, is 2,402 rubles 56 kopecks for each dependent.

In addition, the fixed payment increases for the following categories of citizens:

• round orphans (double for each child);
• citizens living in the regions of the Far North and areas equated to such (taking into account the regional coefficient applied in these areas).

How is the survivor's pension paid?

The insurance pension can be received by mail or to a bank account. If the recipient of the insurance pension is a child under 14 years of age, then the pension is issued to one of his parents or a trustee (guardian). Starting from the age of 14, a child can receive a pension independently (it is necessary to submit a corresponding application to the Pension Fund).

In what case does the payment of the survivor's insurance pension stop?

After the start of studies, the pension can either be restored or reassigned (depending on more favorable conditions).

In the event of expulsion from an educational institution or a transition from full-time education to evening or correspondence form, the payment of a pension is terminated.

Social pension for the loss of the breadwinner

What are the conditions for paying a social survivor's pension?

The main conditions for the payment of a social pension for the loss of a breadwinner are:

• the absence of the breadwinner's work experience (not a single day),
• permanent residence of dependents on the territory of the Russian Federation (regardless of the type of citizenship and its availability),
• disability of dependents (up to 18 years old or up to 23 years old in case of higher education full-time education, disability, retirement age).

The pension is assigned in amounts depending on whether the child has a second parent and his income. It should also be noted that for registration of a social pension for the loss of a breadwinner, the citizenship of dependents does not matter.

Who is entitled to a social pension for the loss of a breadwinner?

Social pension for the loss of a breadwinner is assigned:

• children under the age of 18 who have lost one or both parents,
• adult citizens who receive full-time higher or secondary vocational education and have lost one or both parents (the payment of benefits continues until graduation, but no later than the age of 23),
• children who were only under the care of their mother (without a father),
• disabled members of the family of the deceased breadwinner who committed a crime that resulted in the death of the breadwinner.

What is the size of the social pension for the loss of the breadwinner?

Unlike the insurance pension, the survivor's social pension has a fixed amount.

The social pension for the loss of a breadwinner is:

• for children who have lost one parent, as well as for other dependents - RUB 5,034.25,
• for children who have lost both parents, and children of a deceased single mother - RUB 10,068.53.

In addition, if the recipients of the pension live in the regions of the Far North and areas equated to it or other regions with severe climatic conditions, the amount of the social pension is increased by the regional coefficient. This coefficient is valid only in case of residence in this area and is removed when moving to another area (with a change in registration).

The smallest amount of the survivor's insurance pension must not be lower than the subsistence level. If the amount of the accrued pension is below the subsistence minimum, a social supplement is due to the pension (each region has its own).

How to apply for a social pension for the loss of a breadwinner?

Documents required for registration of a social pension for the loss of a breadwinner:

• an application for the appointment of a pension;
• death certificate of the breadwinner;
• documents confirming the relationship of the child with the deceased: birth certificate of the child, adoption certificate, certificate from the housing department;
• certificate from the registry office on the birth of a child (for single mothers);
• a certificate from an educational institution for children from 18 to 23 years old about full-time education;
• documents for an authorized representative;
• residence permit or certificate confirming registration at the place of residence (for foreigners and stateless persons).

How is the survivor's social pension paid?

Social pension can be received by mail or to a bank account. If the recipient of the insurance pension is a child under 14 years of age, then the pension is issued to one of his parents or a trustee (guardian). Starting from the age of 14, a child can receive a pension independently (it is necessary to submit a corresponding application to the Pension Fund).

If the child was left an orphan and was placed in a children's institution, then payments are made to his personal account opened by the institution's administration in a bank.

In what case does the payment of the social pension for the loss of the breadwinner stop?

The survivor's pension is paid to children up to the age of 18. If, after the age of 18, a child enters a higher educational institution on a daytime basis, the payment continues until graduation, but no later than 23 years. If, after the recipient turns 18, there is no certificate of study, the payment of the pension may be suspended and resumed upon presentation of this certificate. Also, if the child turns 18 years old, and there is a certain period of time left before the date of enrollment in an educational institution, then for the duration of such a break, the payment of a pension on the death of the breadwinner is terminated.

If the recipient of the pension takes a job, the payment of the pension also stops.

In the event of the death or death of a serviceman, members of his family have the right to apply for a monthly military pension. Disabled relatives (dependants) can apply for a military pension for the loss of a breadwinner if their breadwinner died during the period of service or three months after dismissal from service (including cases when the breadwinner died from injuries and diseases received during the period service), as well as if the breadwinner was a military pensioner.

Who is entitled to a military survivor's pension?

• minors and adults (under 23 years old) children, grandchildren, brothers and sisters;
• husband or wife;
• parents;
• grandfather (over 60 years old) and grandmother (over 55 years old) or grandfather and grandmother with a disability (if they do not have legal persons who are required to support them);
• unemployed brother / sister, grandfather or grandmother who has dependent children under 14 years of age.

• minor children;
• father, mother, husband, wife in case they have no means of subsistence;
• parents and widows of the deceased during the conscription service.

Survivor's pension for children of military personnel

The children of a serviceman, both natural and adopted, as well as legal stepsons and stepdaughters, are entitled to a military payment if they:

• have not reached the age of 18;
• have reached the age of 18, but are enrolled in full-time education in state educational institutions (except for organizations related to entering the military service or the Ministry of Internal Affairs), including foreign educational organizations (the pension is paid until the end of education, but no later than reaching the age of 23 years old);
• became disabled before reaching the age of majority (the pension will be paid before and after 23 years).

It should also be noted that the sisters, brothers and grandchildren of a deceased citizen who served in the military can also claim this pension as the children of the deceased, but only if they do not have able-bodied parents.

Survivor's pension for military spouses

A survivor's military pension is paid to a spouse who has reached the age of 60, or a spouse over 55, or a disabled husband/wife (regardless of age). A military pension is also granted if an unemployed husband/wife of a serviceman (of any age) has a dependent child under 14 years of age.

If a serviceman dies due to a military injury received while defending the Motherland at the front (including abroad), in accordance with Art. 30 of the Law of the Russian Federation No. 4468-1, a widower / widow has the right to receive a monthly pension on preferential terms if:

• spouse over 50 years old;
• spouse over 55 years old;
• a widower/widow is younger than this age, but they have a child under 8 years of age (in this case, it also does not matter if the widow/widower has a job).

In this case, and for these categories of citizens, the survivor's pension is retained and paid to the widow/widower in full, including in the event of remarriage.

Military pension on the occasion of the loss of a breadwinner to the parents of a deceased soldier

The following persons are entitled to the payment of a survivor's pension:

• father of a deceased serviceman over 60 years old and mother over 55 years old, or disabled parents, regardless of age;
• one of the parents of the deceased (regardless of age and ability to work) does not work and is busy raising a child (including the brother, sister or grandson of the deceased) who has not reached 14 years of age.

It is necessary to pay attention to the fact that if a serviceman died during military service due to an injury at the front (military operations abroad), then his parents are entitled to a survivor's pension if they have reached the age of 50 (for women) and 55 years (for men). Adoptive parents, stepfather or stepmother have equal rights to a pension with natural parents (if the deceased was supported by them for at least 5 years).

What is the size of the military survivor's pension?

The amount of a military pension for the loss of a breadwinner depends on the cause of death of a serviceman and the amount of social benefits.

In 2017, the amount of the social pension is RUB 5,034.25.

The following pension supplements are currently in effect:

• a serviceman died as a result of a military injury - 200% of the amount of the social pension;
• a person liable for military service died as a result of a disease that he received during military service - 150% of the social payment;
• pension recipients live in regions of the Far North and regions with severe climatic conditions - the amount of the pension increases by the regional coefficient depending on the region of residence (in case of a change of registration, the regional coefficient is removed).

In addition, according to Art. 38 of the Law of the Russian Federation No. 4468-1, allowances are provided in the following cases:

• disabled people of the first group - 100%;
• pension recipients who have reached the age of 80 - 100%;
• children with disabilities and people with disabilities from childhood of the first and second groups (in the absence of parents) - an additional 32% of the estimated pension.

How to apply for a military survivor's pension?

Pension payment can be issued at any time after the death of the breadwinner. For this you need to contact:

• to the territorial branch of the Pension Fund of the Russian Federation (in person, or by Russian Post by sending a registered letter, or via the Internet on the PFR website through a personal account);
• at the MFC (multifunctional center), if an agreement has been concluded between it and the FIU.

Documents for applying for a military pension for the loss of a breadwinner:

• application (the form can be downloaded on the official website of the PFR);
• recipient's passport;
• a death certificate of a serviceman or a court decision declaring a citizen dead;
• documents confirming family relations with a deceased citizen (birth certificate, adoption or adoption certificate, marriage or divorce certificate);
• other documents (depending on the situation, certificates of residence, income certificates, certificates from the place of study, etc. may be required).

Documents can be submitted both in person and through a representative.

How is the survivor's pension paid?

Pension payments can be made through:

• branch of the Russian Post;
• an organization that delivers pensions;
• bank branch;
• bank card.

What are the terms for paying a military pension for the loss of a breadwinner?

The right to receive a survivor's pension arises from the date of death of a serviceman. The pension is paid monthly during the entire period of incapacity for work. When applying for a pension later than 12 months from the date of death of a serviceman, it must be taken into account that the pension is paid only for the past 12 months.

In what cases is the payment of a military pension for the loss of a breadwinner terminated?

According to Art. 41 of the Law of the Russian Federation No. 4468-1, the payment of a survivor's pension may be terminated due to:

• death of the recipient;
• entering into a new marriage;
• official employment of the recipient;
• recognition of the recipient as able-bodied;
• reaching a certain age.

In what cases are beneficiaries of the military survivor's pension entitled to a second pension?

If a serviceman died while performing military service on conscription, then parents and widows (who have not remarried) are entitled to the payment of a military pension for the loss of a breadwinner, as well as the provision of:

• insurance old-age pension;
• disability insurance pension;
• any type of social pension, except for an identical one;
• state payments for years of service;
• state provision for disability.

To assign a second pension, you must contact the territorial body of the PFR at the place of residence or at the place of registration.

The death of a close relative is a tragedy. Surviving this event is harder for those family members who were on the material support of the deceased. In order to provide financial support to this category of persons, the state establishes a type of benefit - a survivor's pension.

What is Survivor Benefit

The pension / allowance / payment in case of loss (loss / loss) of the breadwinner (hereinafter referred to as the SPC) is a monthly monetary security paid by the state to relatives who are supported by a deceased citizen. Any disabled family member is eligible to apply for the benefit. There are 3 types of SPC payouts:

• Social pension for the loss of a breadwinner. Appointed:

1. if the deceased was not officially employed for a day and did not pay contributions to the Pension Fund of Russia (hereinafter referred to as the PFR);
2. died as a result of the criminal acts of the person who was in his care.

• State pension under SPC. Assigned to disabled relatives of the deceased breadwinner, who was:

1. military personnel;
2. astronaut;
3. affected by the consequences of radiation, man-made disasters.

• Survivor's insurance pension. It is assigned to the former dependents of a deceased citizen if he officially worked for at least 1 day and contributions to the FIU were transferred from his salary.

Legal regulation

The procedure for providing material assistance to relatives and family members who have lost their breadwinner is prescribed by the legislation of the Russian Federation (hereinafter referred to as the Russian Federation). The procedure for accrual and conditions of appointment:

1. the insurance pension under the SEC is regulated by Article 10 of the Federal Law of the Russian Federation (hereinafter referred to as the Federal Law of the Russian Federation) dated December 28, 2013 No. 400-FZ;
2. social and state benefits under the SEC are regulated by the Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ;
3. military pensions under the SEC are specified by the Law of the Russian Federation of February 12, 1993 No. 4468-1.

Who is eligible to receive

The SPC allowance is assigned to dependents. They are citizens who are fully supported by another person. Disabled relatives of the deceased breadwinner include:

• child, stepson, stepdaughter, brother, sister, grandchildren:

1. small children (minors);
2. students of the full-time department of a higher educational institution (hereinafter referred to as the university) who are under 23 years old - after they reach this age, payments for the SEC are terminated;
3. adults with disabilities;

• adults caring for one of the relatives of the deceased breadwinner:

1. husband/wife;
2. parents, including stepmother, stepfather;
3. grandmother grandfather;
4. brother, sister;
5. children, including those who are adopted;
6. grandchildren;

• disabled, pensioners

1. parent;
2. husband or wife;
3. grandmother grandfather;
4. brother, sister.

• dependency of minors does not need to be proven;
• a disabled parent/spouse of the deceased should be entitled to a pension at any time from the date of death of the breadwinner;
• the benefit is retained if its recipient - a widower / widow - decides to enter into a new marriage;
• alimony, subsidies, lump-sum payments and compensations do not affect the amount and right to receive a pension under the SEC;
• disabled family members and relatives of the deceased, who were paid any other allowance, are entitled to switch to the payment under the SPC, if its amount is higher.

Conditions for granting an insurance pension for the loss of a breadwinner

The death of the breadwinner or a court decision, according to which he was declared missing, are insured events, on the basis of which pensions will be assigned to dependents. For this, 2 conditions must be met:

• the deceased has at least 1 day of work experience;
• none of the dependents committed criminal acts that led to the death of the breadwinner.

Order and rules of registration

The appointment of benefits for the SEC has its own procedure and rules for registration. Step-by-step algorithm of actions:

1. Collect a package of documents.
2. Fill out an application according to the sample, which is posted on the stand of the PFR department or on the organization's website.
3. Submit documents to the authorized body.
4. Select the paying organization and delivery method and notify the FIU officer about this.

Where to go

For the appointment of benefits for the SEC, you should contact the territorial office of the PFR at the place of residence of the applicant, the multifunctional center (hereinafter referred to as the MFC), the post office or, if it is required to issue a military pension, the body of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Ministry of Defense of the Russian Federation) with a corresponding application. You can fill out and submit it in person, through your employer or official representative:

• in electronic form in a personal account on the PFR portal online;
• through the branch of the MFC;
• using mail;
• personally:

1. an employee of the territorial branch of the FIU or;
2. an employee of the local department of the Ministry of Defense.

List of required documents

To receive benefits under the SPC, you should prepare a package of required papers. Documents for applying for a survivor's pension:

• passport of a citizen of the Russian Federation / certificate of registration / residence permit;
• completed application;
• birth or adoption certificate;
• insurance number of an individual personal account (hereinafter - SNILS);
• certificate or death certificate of the breadwinner;
• certificate of years of service, work book;
• other documents to clarify the circumstances:

1. the reasons for the applicant being dependent on the deceased;
2. absence of parents/relatives capable of working and providing for the applicant;
3. loss of source of income and livelihood.

Pension amount

The amount of the allowance due to a relative or family member for the loss of a breadwinner consists of 2 parts. It includes:

1. Fixed payment (hereinafter - PV), established by law.
2. Survivor's insurance pension, which can be calculated on the basis of the individual pension coefficient indicator (hereinafter referred to as IPC). From 01/01/2018, the cost of 1 IPC point is 81.49 rubles.

Citizens living in the Far North or territories equated to it are entitled to an increase in the pension in the event of the loss of a breadwinner. Its size is adjusted by the regional coefficient (multiplied by it) - the indicators fluctuate in the range of 1.15–2 and depend on the subject of the Russian Federation. Applies only to the period of residence of the dependent in the territory of its operation.

Calculation formula

The size of the survivor's insurance pension is calculated using one of two formulas. The choice of calculation option depends on the status of the deceased at the time of death. If the deceased was a pensioner, the formula applied is PSPK = IPK(1) x SPB, where:

• IPC - the individual pension coefficient of the deceased breadwinner, used to calculate his insurance benefit on the date of appointment;
• PSPK - the amount of payment for the SPC;
• SPB is the cost of one pension point in rubles on the day the benefit is granted.

If the breadwinner was not a pensioner at the time of death, the SPC benefit is calculated using the formula PPC = IPC (2) / CI x SPB, where IPC (2) is the individual pension coefficient earned by the deceased on the date of his death. When calculating, the following nuances should be taken into account:

1. IPCs of deceased parents are summed up if the amount of the pension assigned to orphans is calculated.
2. The amount of the IPC can be multiplied by the regional coefficient if the payment is issued by a dependent living in the Far North or a territory equated to it.
3. The IPC is doubled if the SPC benefit is calculated for the child of the deceased mother.

The calculation of the amount of the SEC insurance pension is based on a static set of rights that the deceased has already earned during his life. Recalculation is possible if there has been an increase in the cost of IPC as a result of indexation, justified by an increase in inflation, and the volume of the consumer basket. It is produced according to the formula PSPK = stPSPK + (nIPK / KM / KI x SK), where:

• PSPK - survivor's benefit after recalculation;
• NIPC - the individual pension coefficient of the deceased, calculated on the basis of insurance premiums not taken into account on the date of his death;
• stPSKK - the amount of previous payments as of 31.07, in which the recalculation is carried out;
• KM is the coefficient of the ratio of the standard duration (in months) of the work experience of the deceased on the date of his death to 180 months;
• KN - the number of dependents on 01.08 of the current year;
• SC - the cost of IPC on the date of recalculation.

Social supplement up to the subsistence level in the region

If the SEC allowance is the only income of the recipient, and its total volume is below the subsistence level (hereinafter referred to as the PM) in the region, one of 2 types of allowance is assigned to the pensioner. Regional social surcharge - RSD - is due to citizens registered in the subjects of the Russian Federation with a high level of prices and PM higher than its general Russian indicator (for example, in Moscow). Federal social surcharge - FSD - is assigned to residents of regions with the size of the PM established in them below the average value.

The amount of the fixed payment

The PV is understood as a social survivor's pension and part of the full SEC benefit. The minimum size of the PV as of 04/01/2018:

Terms of appointment and payment

The date of applying for benefits under the SEC is the day the application is received by an employee of the authorized body from the applicant for its receipt. Documents are considered by the territorial office of the FIU. The term for studying the papers and processing the payment is 10 working days. The SEC benefit is accrued from the date of death of a person if the applicant applied for it no later than one year after the tragedy. If this period is exceeded, the pension will be assigned for the full 12 months preceding the submission of documents.

The survivor's pension is calculated monthly. The representative of the recipient can pick it up - he will need a power of attorney. The recipient has the right to choose the paying institution and the method of delivery, in writing or electronically through his personal account on the website of the organization, notifying the territorial body of the Pension Fund of the Russian Federation:

• on house;
• to the cash desk of an authorized organization;
• to a bank account;
• to the nearest branch of the Russian Post.

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