Labor pension in case of loss of a breadwinner is a monthly cash payment from the pension fund assigned to members of the deceased’s family, who were, as a rule, his dependents, in order to compensate them for the earnings or other income of the deceased breadwinner.
The conditions for assigning pensions in cases of loss of a breadwinner can be divided into two groups:
1 group. Conditions relating to the breadwinner himself. These include:
Death of the breadwinner or his unknown absence;
The fact of insurance in the pension insurance system.
2nd group. Conditions relating to family members of the deceased. These include:
Family members must be included in the circle of persons entitled to a survivor's pension;
Must be disabled;
Must be dependent on the deceased (as a rule).
Labor pension in case of loss of a breadwinner not prescribed in the following cases:
1. If the breadwinner was not insured in the pension insurance system.
2. If you intentionally caused harm to your health (there must be a court decision).
3. If death occurred during the commission of an intentional criminal act (also by court decision).
Regardless of the fact of being a dependent, a labor pension in the event of the loss of a breadwinner is assigned:
1) Children under 18 years old
2) Parents or spouses of the deceased, if they subsequently lost their source of livelihood.
3) One of the parents or spouse, grandfather, grandmother, brother or sister of the deceased breadwinner, regardless of age and state of working capacity, who are engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner, under 14 years of age, and do not work.
4) Parents of deceased military personnel and widows of deceased military personnel.
The circle of persons entitled to a survivor's pension is Article 9 of the Federal Law “On Labor Pensions”, paragraphs 2, 8 and 9.
In accordance with Art. 9 Federal Law No. 173 “On labor pensions in the Russian Federation”.
clause 1. The right to a labor pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed an intentional criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.
clause 5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in the event of the loss of a breadwinner, if, regardless of the time that has passed since his death, they have lost their source of livelihood.
clause 6. Family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a labor pension in the event of the loss of a breadwinner.
clause 7. The labor pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.
clause 8. 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 have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.
clause 9. The stepfather and stepmother have the right to a labor pension in the event of the loss of a breadwinner 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. A stepson and stepdaughter have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their own children, if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.
clause 10. The labor pension in the event of the loss of a breadwinner is established regardless of the duration of the breadwinner’s insurance period, as well as the cause and time of his death, except for the cases provided for in paragraph 11 of this article.
clause 11. If the deceased insured person has no insurance experience at all, as well as in the event that the person commits an intentional criminal act that entailed the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with the Federal Law "On state pension provision in the Russian Federation". In this case, paragraph 12 of this article applies.
clause 12. If the death of the insured person occurred before he was assigned the funded part of his old-age labor pension or before the amount of this part of the said pension was recalculated taking into account additional pension savings, the funds accounted for in the special part of his individual personal account (with the exception of funds ( parts of the funds) of maternity (family) capital aimed at forming the funded part of the labor pension, and income from their investment) are paid in accordance with the established procedure to the persons specified in paragraph 12 of Article 16 of this Federal Law. In this case, 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 specified in paragraph 12 of Article 16 of this Federal Law or from among other persons to whom such a payment may be made, and also to establish in what shares should be paid distribute the above funds among them. The specified application can be submitted in the form of an electronic document, the procedure for execution of 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 the specified application, the funds recorded in the special part of the individual personal account, subject to payment to the relatives of the insured person, are distributed among them in equal shares.
In the case provided for in paragraph 12 of Article 9 of this Federal Law, the persons specified in the application of the insured person on the procedure for distributing funds accounted for in the special part of the individual personal account are paid the specified funds.
In the absence of the specified application of the insured person, payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandparents and grandchildren, regardless of age and disability, in the following sequence:
* first of all - to children, including adopted children, spouses and parents (adoptive parents);
* secondly - to brothers, sisters, grandfathers, grandmothers and grandchildren.
Payment of funds to the relatives of the deceased breadwinner of one line is carried out in equal shares. Relatives of the second priority have the right to receive funds accounted for in a special part of the individual personal account of the deceased breadwinner only in the absence of relatives of the first priority.
If the insured person does not have relatives specified in this paragraph, these funds are taken into account as part of the reserve of the Pension Fund of the Russian Federation for compulsory pension insurance. In this case, a special part of the individual personal account of the insured person is closed.
The size of pensions in case of loss of a breadwinner is determined in accordance with Art. 16 and 30 Federal Law No. 173 "On labor pensions in the Russian Federation."
The labor pension in case of loss of a breadwinner consists of only two parts:
* basic part;
* insurance part.
Article 16. Amounts of labor pensions in case of loss of a breadwinner
1. The amount of the labor pension in the event of the loss of a breadwinner (with the exception of the labor pension in the case of the loss of a breadwinner for children who have lost both parents, or the children of a deceased single mother) for each disabled member of the family of the deceased breadwinner is determined by the formula:
P = PC / (T x K) / KN + B, where
P - the amount of labor pension in case of loss of a breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner (Article 29.1 of this Federal Law), taken into account as of the day of his death;
T - the number of months of the expected period of payment of the old-age pension (clause 1 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months. The standard duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than up to 180 months;
KN - the number of disabled family members of the deceased breadwinner who are recipients of the specified pension established in connection with the death of this breadwinner as of the day from which a labor pension in the event of the loss of a breadwinner is assigned to the corresponding disabled family member;
B - fixed basic size of labor pension in case of loss of a breadwinner.
In accordance with the Federal Law “On State Pension Provision in the Russian Federation”.
clause 4. art. 15. A pension in the event of the loss of a breadwinner for family members of military personnel who served in conscription as soldiers, sailors, sergeants and foremen is established depending on the cause of death of the breadwinner in the following amount:
1) pension in the event of the loss of a breadwinner due to a military injury for each disabled family member of a deceased (deceased) serviceman - 200 percent of the social pension specified in subparagraph 1 of paragraph 1 of Article 18 of this Federal Law.
The loss of a breadwinner due to a military injury is considered to be his death resulting from the reasons specified in subparagraph 1 of paragraph 2 of this article;
2) a pension in the event of the loss of a breadwinner due to an illness received during military service, for each disabled family member of a deceased (deceased) serviceman - 150 percent of the social pension specified in subparagraph 1 of paragraph 1 of Article 18 of this Federal Law.
The loss of a breadwinner due to a disease acquired during military service is considered to be his death, which occurs due to the reasons specified in subparagraph 2 of paragraph 2 of this article.
clause 3. art. 17. A survivor’s pension for family members of citizens affected by radiation or man-made disasters is assigned in the following amount:
* children who have lost both parents, or children of a deceased single mother - 250 percent of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of this Federal Law (for each child);
* other disabled family members of the deceased breadwinner - 125 percent of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of this Federal Law for each disabled family member.
In accordance with Law No. 4468-1.
Article 36. Pension amounts. The survivor's pension is set in the following amounts:
a) for the families of persons specified in Article 1 of this Law who died due to the reasons listed in paragraph "a" of Article 21 of this Law - 40 percent of the corresponding amounts of the breadwinner's allowance provided for in Article 43 of this Law for each disabled family member. At the same rate, a pension is established, regardless of the cause of death of the breadwinner, for the families of deceased pensioners who were disabled on the day of death due to a military injury, for children who have lost both parents, and for the children of a deceased single mother;
b) families of persons specified in Article 1 of this Law who died due to the reasons listed in paragraph "b" of Article 21 of this Law - 30 percent of the corresponding amounts of the breadwinner's allowance provided for in Article 43 of this Law for each disabled family member.
Article 37. Minimum pension amounts in case of loss of a breadwinner. The survivor's pension assigned to the families of persons specified in Article 1 of this Law and the families of deceased pensioners from among these persons cannot be lower than:
a) when calculating a pension in accordance with paragraph "a" of Article 36 of this Law - 200 percent of the calculated amount of the pension specified in part one of Article 46 of this Law, for each family member entitled to receive it;
b) when calculating a pension in accordance with paragraph "b" of Article 36 of this Law - 150 percent of the calculated amount of the pension specified in part one of Article 46 of this Law, for each family member entitled to receive it.
The death of a close relative is a tragedy. It is more difficult for those family members who were financially supporting the deceased to survive this event. To provide financial support to this category of persons, the state establishes a type of benefit - a survivor's pension.
A pension/benefits/payment in the event of the loss of a breadwinner (hereinafter referred to as the SPC) is a monthly monetary provision paid by the state to relatives supported by a deceased citizen. Any disabled family member has the right to apply for benefits. There are 3 types of payment under SPC:
The procedure for providing financial 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 RF). Accrual procedure and conditions of appointment:
The SPC benefit is assigned to dependents. They are considered citizens who are fully supported by another person. Disabled relatives of the deceased breadwinner include:
The death of a breadwinner or a court decision according to which he is declared missing are insurance events on the basis of which pension benefits will be assigned to dependents. To do this, 2 conditions must be met:
The assignment of benefits under the SPC has its own procedure and rules for registration. Step-by-step algorithm of actions:
To apply for a benefit under the SPC, you should contact the territorial office of the Pension Fund of the Russian Federation at the place of residence of the applicant, a multifunctional center (hereinafter referred to as the MFC), a post office or, if you need to apply for a military pension, an agency 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:
To receive benefits under the SPC, you must prepare a package of required papers. Documents for applying for a survivor's pension:
The amount of benefits due to a relative or family member for the loss of a breadwinner consists of 2 parts. It includes:
Citizens living in the Far North or territories equivalent to it are entitled to an increase in pension in the event of the loss of a breadwinner. Its size is adjusted due to 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 during the period of residence of the dependent in the territory of its coverage.
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 PSPK = IPC (1) x SPB is applied, where:
If the breadwinner was not a pensioner at the time of death, the SPK benefit is calculated using the formula PSPC = IPC (2)/CI x SPB, where IPC (2) is the individual pension coefficient accumulated by the deceased on the date of his death. When calculating, the following nuances should be taken into account:
The calculation of the size of the insurance pension under the SPC is based on a static set of rights that the deceased has already earned during his life. Recalculation is possible if there is an increase in the cost of the IPC as a result of indexation, justified by an increase in the inflation rate and the volume of the consumer basket. It is produced according to the formula PSPC = stPSPK + (nIPK/KM/KI x SK), where:
If the SPC benefit is the recipient’s only income, and its total amount is below the subsistence level (hereinafter referred to as the subsistence minimum) in the region, the pensioner is assigned one of 2 types of allowances. Regional social supplement - RSD - is provided to citizens registered in constituent entities of the Russian Federation with a high price level and a monthly minimum wage higher than the general Russian indicator (for example, in Moscow). The federal social supplement - FSD - is assigned to residents of regions with established minimum wage levels below the average value.
PV refers to a social pension in the event of the loss of a breadwinner and part of the full benefit under the SPC. Minimum size of PV as of 04/01/2018:
The date of application for benefits under the SPC is considered to be the day an employee of the authorized body receives an application from an applicant for its receipt. Documents are reviewed by the territorial branch of the Pension Fund. The period for studying the papers and processing the payment is 10 working days. The SPC benefit is accrued from the date of death of a person if the applicant applied for it no later than a 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 recipient's representative can pick it up - he will need a power of attorney. The recipient has the right to choose the paying institution and the delivery method, in writing or electronically through his personal account on the organization’s website by notifying the territorial body of the Pension Fund:
After the pension system was reformed in 2015 and the concept of a labor pension was abolished, the procedure for calculating and calculating all pension benefits, including the survivor's pension, was subject to significant changes.
The types of insurance coverage include a variety of payments, including:
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As for a missing person, the law equates him to a deceased user, however, if there is appropriate documentary evidence, or the absence is confirmed at the highest state level.
To apply for a pension under the SPC, the applicant needs to submit an application supported by certain documentary support:
The legislator establishes that an application for a pension under the SPC can be made at any time from the period when such a right arose in relation to a specific person. There are no time limits here. However, it must be remembered that this benefit will be valid for as long as the recipient continues to be disabled.
The insurance payment in this case will be assigned from the moment of the insured event (death of the breadwinner), but provided that you applied for it within 12 months. Otherwise, the insurance pension under the SPC will be assigned 12 months earlier than the application.
The insurance benefit under the SPC will consist of two parts:
The fixed payment is assigned simultaneously with the insurance portion. The very name of this payment indicates that it has clear limits and is established solely by decision of the Government.
The specific amount of the fixed payment is revised annually taking into account the consumer price growth index for the past reporting period from February 1. At this moment the fixed payment per recipient is 2402.56 rubles.
In some situations, the payment amount may be increased:
Regarding the determination of the amount of payment under the SPC, the legislator applies two key formulas depending on whether the deceased was a pensioner on the day of his death. The first formula has the following form:
SPspk = IPC x SPK + FV
SPspk– benefit amount;
IPC– personal pension coefficient approved for the deceased user;
SPK– coefficient indicator in monetary terms on the date of death of the user;
FV– fixed payment.
The second calculation formula will be slightly different from the above:
SPspk = IPKu / KN x SPK
SPspk– specific amount of benefit;
IPKu– personal pension coefficient;
KN– the number of citizens dependent on the deceased;
SPK– the sum of the coefficient in monetary terms.
When using this or that formula, you need to pay attention to some Key points that may occur in a given situation:
The payment amount will be adjusted taking into account the approved calculation formula:
SP2 = SP1 + (IPK / K / KN x SPK)
SP2– amount of payment taking into account adjustments;
SP1– the amount of the benefit as of July 31 of the year when the recalculation was made;
IPC– the user’s personal coefficient, calculated taking into account the insurance premium that was not taken into account by the date of death;
TO– the ratio of the insurance period to 180 months;
KN– the number of citizens whose financial support was provided by the deceased;
SPK– the value of the pension coefficient by the date when the payment is adjusted.
The extremely low level of insurance pension under the SPC is completely corresponds to the subsistence level. This indicator is different in each region. If the accrued amount is less than the subsistence level, the user will receive a social supplement from the regional budget.
Social benefits to a dependent will be accrued in a situation where the deceased breadwinner had no work experience. This means that he did not officially work anywhere, and as a result, insurance contributions to the Pension Fund of the Russian Federation were not received on his behalf.
Payment of insurance benefits will be made for the current month. How exactly the money will be delivered to the recipient will depend on him. In particular, the pension can be delivered to the recipient:
If the benefit is paid to a child who is 14 years old, he has the right to receive the money himself. To do this, you need to contact the Pension Fund, which will help you open a personal account for your child in a banking structure.
The law states that the SPC pension is guaranteed to be paid only to disabled users, as well as to minor children (with some exceptions). Thus, after the 18th birthday, benefits will be paid only if the child is studying full-time at a university. As confirmation, you will need to submit a certificate from the place of study to the Pension Fund, and then the benefit will be paid before reaching 23 years of age(or from until graduation).
The payment will be completely stopped in the following situations:
In addition to the survivor's pension, recipients can count on some additional payments:
The death of a close relative is always a great tragedy. And if he was also a breadwinner, then, among other things, the possibility of obtaining a means of subsistence is lost. In this regard, the state takes upon itself the protection of the dependents of the deceased and pays them monetary compensation. The article discusses what minimum survivor's pension is paid this year, as well as the specifics of its calculation and other nuances. The specific amount of payments depends on various factors and is set directly by the state.
Payment in connection with the loss of a breadwinner is:
Disabled citizens who are family members of military personnel and astronauts who died while performing their duties can count on a state pension.
The insurance payment is assigned to those who were financially supporting the deceased, if the latter has accumulated sufficient experience for this. However, if the person was involved in the death of the breadwinner, then the insurance payment will no longer be accrued to him. However, in this case the dependent can only receive a social pension.
Social benefits are also accrued if the deceased does not have the minimum insurance period.
Each type of pension has its own characteristics.
The insurance payment helps to obtain a livelihood for disabled persons who have lost their main source of financial support. The same pension is awarded to citizens who have reached the age of retirement according to the law, as well as to disabled people who have worked for any period of time.
The survivor's pension in 2018 is calculated on the basis of insurance contributions made by the deceased's employer, as well as the pension points accumulated by him. These indicators add up if the child has lost both parents. Orphans are sent to an orphanage or taken under guardianship or trusteeship, and at the same time the corresponding pension is retained for them.
Insurance payments are calculated as follows:
The social pension is calculated every month, and only for the period during which the citizen is disabled. This payment does not depend on what contributions were transferred to the Pension Fund. It is formed on the basis of the state budget for the current year.
Recipients of a survivor's pension are certain categories of persons provided for by law. In 2018, this right applies to:
State payments are allocated for the following categories of persons:
The survivor's pension is awarded to family members of those who died in the Chernobyl accident, namely:
The period for which the payment is issued lasts differently depending on the category of persons, namely:
In the event of the loss of a breadwinner, it occurs on the basis of a decision made after the death of the breadwinner, if this fact is documented (by a death certificate or a court decision declaring a person missing). In addition, the applicant for financial support must prove that he was dependent on the breadwinner. This does not need to be done if the payment is intended for minors.
In addition, you must present a document confirming your permanent actual residence in Russia. Compliance with these conditions entitles you to receive financial support from the state.
The survivor's pension can be transferred to the recipient's bank account or card. The payment is transferred by the territorial branch of the fund on the day the funds are received. No commissions are charged on these funds.
Payments can be transferred to the post office where the pensioner is registered. You can also order delivery of pensions to your home according to a convenient schedule. Having chosen the most suitable method, the pensioner must notify the Pension Fund about this. This can be done via an electronic message via the Internet (on the State Services website) or directly in the application when submitting documents.
The payment intended for the child is transferred to the account of the parent or adoptive parent. But, starting from the age of 14, a child has the right to receive monetary compensation independently.
To receive a pension, you need to prepare a whole package of documents. These include the following:
After the documents have been accepted by the Pension Fund employee, they are checked and the application is considered within ten days. After this period, a survivor's pension is issued. If additional documents are required, the applicant is given 3 months to submit them. If the Pension Fund is contacted within a period not exceeding 1 year from the date of death of the breadwinner, then the payment is accrued from this date.
Social and state payments are transferred from the 1st day of the month when documents were submitted. Naturally, this may not be before the appearance of the corresponding rights, that is, the death of the breadwinner. To an applicant who has reached retirement age, this compensation is paid indefinitely.
The survivor's pension will begin to be paid in 2018 on the basis of an application submitted to the Pension Fund office at the place of registration (temporary or permanent). On behalf of minors, their legal representatives act: a parent, guardian or adoptive parent. You can submit your application as follows:
The formation and payment of a pension is carried out in certain time periods, depending on its type and specific circumstances relating to the deceased breadwinner and recipient. Despite the initial determination of the size of the survivor's pension, over time, depending on the economic situation and the length of service of the breadwinner, the amount may decrease or, conversely, increase.
People faced with a similar situation may be interested in the question of what the minimum survivor pension is now established and how payments were indexed this year. Insurance benefits increased in February, and state and social benefits increased by 3.7% in April. For internal affairs employees, the indexation will also be 3.7%, although previously it was calculated based on 5.8%. It is most convenient to display this data with specific amounts in the following table.
| Type of pension | Size at the beginning of the year | Size after indexing |
| Insurance | The amount depends on the length of service of the deceased, to which a fixed payment of 2,279 rubles is added. | Since February 1, the amount has increased and amounted to 2,498 rubles. |
| Social | Before indexation, compensation was paid in the amount of 5,034 rubles, and in the event of the death of two parents or a mother with single status, the amount doubles | From April 1, compensation began to be paid in the amount of 7,586 rubles, but if two parents or a mother with single status were lost, the amount increased to 10,472 rubles. |
| State due to the death of a military man | In case of death due to illness, the benefit was 7,551 rubles, and in case of death due to injuries in service - 10,068 rubles. | From April 1, the payment was 7,830 rubles in the first case, and 10,440 rubles in the second. |
| Due to the death of an employee of the Ministry of Internal Affairs | The amount in this case is the same as in the case of the death of a military man, namely 7,551 rubles. and 10,068 rub. respectively | From April 1, payments increased and amounted to 7,830 rubles. and 10,440 rub. |
A pensioner whose benefit is less than the subsistence level (in short, LM) established in the region is provided with a minimum survivor's pension equal to the subsistence level. In other words, an additional payment is made up to this level. It can be allocated from the regional or federal budget.
If the cost of living has increased only slightly, then the additional payment is assessed by the social security authority. The corresponding amounts are received from the federal budget if the payment is below the level established in the country. Able-bodied citizens who receive are paid up to the average salary.
It was said above that social benefits are accrued for the purpose of material support for loved ones left without a breadwinner. That is, it is assumed that they cannot support themselves on their own. The same is stated in the law on state provision of pensions No. 166-FZ of December 15, 2001. According to Art. 11 of this law, social benefits are assigned only to disabled citizens.
Moreover, if a citizen who has reached retirement age gets a job, he will lose this pension. The pensioner must contact the Pension Fund himself and report his employment so that the payment will be stopped in the future.
Question No. 1. Can you expect that the minimum survivor's pension will remain if you get a job?
Answer. Law No. 166-FZ clearly states that the payment will stop when the recipient is employed. However, this only applies to citizens who have reached retirement age. Consequently, the social pension will continue to be paid if the recipient is not an old-age pensioner. But additional payment up to the subsistence level will no longer be provided.
Question No. 2. If a minimum survivor's pension is assigned to a child who plans to enroll in a foreign university, will the benefit continue to be paid until the age of 23?
Answer. In this case, an adult child does not lose the right to a pension. To do this, you must obtain a certificate, translate it into Russian, have it certified at a notary office and present it to the fund at the place of registration.
Question No. 3. The young man received a payment taking into account an increased coefficient (since he lived in a territory equated to the Far North). After graduating from school, he entered a university in the Moscow region and did not provide a certificate, which is why his pension was suspended. After providing them with a certificate, the payment began to be transferred again, but in a reduced amount. This was explained by the fact that the northern coefficient is no longer taken into account in the calculation, since the child lives in the Moscow region. Are such actions legal?
Answer. Yes, they are. Changing the amount of the pension due to relocation is legal, since the pension is assigned not taking into account permanent registration, but taking into account the actual residence of the recipient. The minimum survivor's pension in the Moscow region is calculated without taking into account the increased coefficient. Since the young man is studying full-time, it means that he also actually lives in the Moscow region. Consequently, they lose the right to an increased coefficient.
Question No. 4. Is it possible to apply for a social payment instead of an insurance one if the breadwinner has had a short period of work and, in the opinion of the recipient, the social pension will be higher than the insurance one? And if so, will the pension payment for the past period be recalculated in this case?
Answer. You can apply to the Pension Fund to change the type of payment. However, recalculation for previous months will no longer be done.
The state guarantees financial support to persons left without a breadwinner. For this purpose, the following types of pension are paid: insurance, social or state. It can have different sizes and be accrued for life or for a certain period. But the minimum survivor's pension should be set in an amount not less than the monthly minimum. If the calculation results in an amount that is less than this indicator, then an additional payment is made from federal or regional budget funds.
The loss of a close relative is a serious blow to the family morally. It is an even greater shock if the deceased was the sole breadwinner in the family. Because, without having time to recover from the pain of loss, a person already needs to think about how to pay for housing and communal services in the coming month, how to provide food for the family and other household material issues that need to be resolved. In such a situation, the state comes to the rescue. It provides a survivor's pension, which is a colossal measure of support for those in need who remain orphans.
On the occasion of the death of a relative who is the main breadwinner in the family, the family has the prerogative to receive financial support from the state.
- These are cash payments made by the state in favor of the relatives and dependents of a deceased individual who was the breadwinner of the family.
According to Article 10 of Federal Law No. 400 “On Insurance Pensions”, the grounds for calculating payments in the event of the loss of a breadwinner include:
When entering into a new marriage, the spouse retains the prerogative of receiving security in the event of the loss of the breadwinner.
There are several types of such payments. What type of security you can count on depends on a number of factors:
Insurance coverage, or labor pension, is assigned to dependents and disabled relatives of the deceased. Dependents are persons who are fully supported by the breadwinner.
The pension is paid to each family member.
However, for some relatives, provision is established for an indefinite period, while for others it is provided with a limited duration. Thus, parents and, in general, persons 55 and 60 years of age who are unable to work have the right to switch to such payments on an ongoing basis (if there is a benefit and need for this). For children left without a breadwinner, maintenance is paid until they reach the age of 18. The exception is for those receiving education under the full-time education model - for them the period of maintenance increases to 23 years.
The amount of labor payments is calculated for each person individually. This is influenced by the pension coefficient (IPC) (depending on length of service) and the legally established cost of one such indicator (SPK) on the day the pension is assigned. Since January 2018, the SPK is equal to 81.49 rubles.
In addition, the state fixed a uniform surcharge for everyone. In 2018 it is 2491.45 rubles.
For a clearer understanding, we give an example of a calculation. Maria Novosiltseva, born in 1966, has been officially active at work since 1986. In January 2017, she died of a heart attack. She left behind a family consisting of an able-bodied husband and a 10-year-old daughter. In this situation, the disabled minor daughter has the prerogative to receive maintenance. By 2017, she scored 58 points. from 1966 to 2015, plus 1.8 b. for caring for the first child up to 1.5 years old, for 2015 and 2016 - 3 and 3.4b. Total 66.2. Pension amount = 66.2 × 81.49 + 2491.45 = 7886.08 rubles. However, if the pension amount is less than the minimum in the region, then the additional payment comes from the local budget.
Social security is also intended for families that have lost their breadwinner. This type of payment is calculated when the deceased has absolutely no years of service at the time of death. Who is eligible to apply:
Having Russian citizenship is not mandatory for calculation. Permanent residence in the country is required.
This type of pension payment is paid from the federal budget. It is constantly indexed. So, from April 1, 2017, for children who have lost one breadwinner - 5034.25 rubles. For those who find themselves orphans – 10068.53.
State survivor's pension is awarded to certain categories of citizens. These include:
So, if a military man dies, the state will pay this type of pension to disabled members of his family. The right to count on material support:
The size of the pension depends on the specific category. If a military man dies due to an injury in service, 200% of 5034.25 rubles is paid. 45% of the average salary of a civil servant is paid to each family member of the deceased monthly.
To receive a survivor's pension, you must contact the Pension Fund in your area. This can be done in three ways:
You need to write an application and provide a certain package of documentation.
In addition to the application, the following paper support is attached:
For each individual applicant, the list of documents can be expanded. For a young child, it is necessary to provide a birth certificate, and for a parent receiving a pension, information about their own payments.
When a child who has lost a parent and receives pension benefits for this reason reaches 18 years of age, payments stop. Material content can be restored by providing the Foundation with a certificate of study in the full-time model of education at a university. In this situation, payments are restored and made until age 23.
Accrual is carried out from the first day of the month following the application. For previous months of non-payment, it is possible to recalculate and accrue them in full.
The amount of accruals is determined by the type of pension assigned. If it is work, then it depends on the number of points accumulated and the cost of an individual point during this period. The social value is established by the state. The size of the state varies depending on the category of recipients.
The insurance pension is individual. But if its size does not reach the subsistence level in the region, then appropriate additional payments are made.
Social pension – 5034.25 and 10068.53 for children who have lost one of their legal representatives and for orphans, respectively.
State payments are calculated as a percentage of social benefits (from 5034.25):
The total amount of any type of pension cannot be set less than the subsistence minimum.
Since January 2018, the minimum wage for accommodation is 11,816 rubles. Starting this year, pension provision is increasing to 17,500 for some categories of citizens, which includes the disabled who are left without a breadwinner.
The exception is made for students supported on full state support. The increase will not affect them.
Every year, from April 1, the state indexes pension provision at the federal level. Regions also have the right to add local coefficients to the main amount.
From the beginning of April 2018, compensation volumes are expected to increase by 4.1%. Social benefits for the loss of a father or mother will be 5240.65 rubles. And for orphans - 10481, 34.
For those living in difficult climatic conditions, for example, in the Far North, the amount of maintenance increases by the indicators fixed by government decree.
In addition to monetary support, children who have lost a parent are entitled to various benefits and support measures:
An additional payment to the pension is possible provided that the amount is below the established level for living.
Orphans are provided with housing under a social tenancy agreement, as well as the possibility of non-competitive enrollment in a university or secondary education institution upon passing school exams with positive grades.
Father and mother, children and the wife of a military man have the right to apply for such state support. However, to obtain it, you must take into account some requirements. Accruals are allowed if death occurs:
It does not matter what kind of service was carried out - conscription or a contract soldier. But there are significant differences in the amount of security.
The amount of compensation to family members of a deceased conscript soldier is determined by the amount of social benefits. And for the family of a contract soldier, the determining factor in the calculation will be the amount of the soldier’s salary at the time of death - 50% of the allowance in case of injury and 40% due to illness.
For some categories of citizens of the family of a deceased serviceman, various additional payments are fixed. An allowance of 100% of the assistance provided is given to disabled people of group 1 and pensioners who have crossed the threshold of 80 years.
32% is added to disabled children left without parents, as well as children who have lost their only parent. Disabled from childhood, groups 1 and 2, if they have lost both their father and mother.
The legislation establishes the prerogative of receiving two types of pensions for relatives of a deceased serviceman:
When assigning the compensation under comment, the age of the applicant is taken into account. At the age of 18, accrual stops, which can be restored if certain conditions are met. Then it is possible to extend the pension.
A young child who has lost one or both parents has a preference for receiving pension payments - labor and social. Payments will be made until he reaches adulthood. The amount of labor compensation depends on the length of service of the deceased and is assigned on an individual basis. Social compensation is determined annually at the legislative level.
Children also have a different list of benefits, which regional authorities can expand.
If you turn 18 years old, in order to extend your payments, you must study in educational institutions on a full-time basis. That is, a newly minted student, according to the requirements of the educational organization, needs to attend classes every day. In this situation, the student will not be able to provide for himself and he will be assigned maintenance again.
To renew accruals, you must contact the Pension Fund and provide a certificate from your place of study. Moreover, the educational organization must have state accreditation.
Continuation of studies can be at different levels - primary vocational, secondary, higher.
Up to this age, full-time students of absolutely all levels of education have preference for receiving. The essential conditions here are a ban on official employment, and if you were expelled from an educational institution, you should not count on further receipt of compensation.
If training ends before the age of 23 and it does not continue further, then financial support is no longer paid.
Many people wonder whether they will be able to qualify for financial support if, due to compelling circumstances, they have to take an academic leave during full-time study. Not a single law or legal norm contains a provision for suspending compensation payments in this situation. Since an academic leave is a short-term stop in studies associated with the birth of children, marriage, illness, or the need to care for immediate family.
Another no less interesting situation is conscription into the army. Will a survivor's pension be paid? No, it will not. Since the employee is no longer considered disabled and is fully supported by the state.
In exceptional cases, the state continues to pay a survivor's pension after the age of 23, namely:
Maintenance payments are stopped for the following reasons:
Compensation is suspended automatically upon reaching the appropriate age. In all other cases, the recipient must notify the Pension Fund of the establishment of legally significant facts.
The recipient applies to the Fund with an application to terminate payments, indicating the reason and providing supporting documents. If you do not apply, an overpayment of funds occurs and subsequently the recipient will have to return the excess cash payments in a lump sum.
When studying at a university, a student must annually provide a certificate of study. The document must be signed by the rector, and also contain information about the duration of study and the personalized seal of the organization.
The pension is accrued to disabled close relatives of the deceased or to persons who are absolutely supported by him during his lifetime.
From April 2018, there will be an increase in pension provision by 4.1%, social benefits, as well as state compensation.
Material support is legally provided for children under 18 years of age. In the case of a full-time study model, up to 23 years of age. For disabled dependent children under 18 years of age, accruals are made indefinitely. Payments are made to parents and other close elderly relatives on an ongoing basis.
The accrual is made once a month on the day on which the decision to assign it was made.
Official employment will result in the termination of payments. However, it is possible to work without an employment contract, that is, without insurance contributions.
The duration of the provision can be urgent or indefinite. This is due to a number of the above factors.
Marriage is not grounds for termination of security. Not a single legislative act contains a reason for prohibiting the payment of a wedding.
Thus, the survivor's pension is often the only source of income and existence for individuals who have lost their breadwinner. Persons specified by law are entitled to receive such payments. For some, financial support is established for life, for others - for a certain period of time.
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