State survivor's pension
Editorial
Promdevelop editorial team
The death of a loved one in any case is sad news for the family. But this news sounds sadder if the deceased was the breadwinner of the whole family or an individual family member.
Therefore, a logical question arises: what to do with those categories of persons who are left without means of subsistence after the death of the breadwinner. In Russia, the rights of low-income citizens are ensured at the legislative level, including those who have lost financial assistance due to the loss of a breadwinner . According to the law, such citizens are entitled to payments for the loss of a breadwinner in the form of a pension. All the nuances of its registration, and who has the right to claim such a pension, can be found in this article.
What is a survivor's pension?
Survivor benefits in the Russian Federation are called pensions, which can be of several types:
- Social;
- Insurance;
- State.
A social pension for the loss of a breadwinner is assigned if the deceased person had no insurance experience, that is, no entries were made in the work book. This social benefit is paid from the country's budget and is mainly intended for children under 18 years of age, as well as 23, in case of admission to a higher educational institution. That is, it applies only to persons who do not have the opportunity to temporarily earn a living.
What state benefits are available to low-income families in 2017-2018?
The second type is simpler and more common in practice. An insurance pension in the event of the loss of a breadwinner implies receiving payments based on the accumulated experience of the deceased. The principle here is that the higher the insurance period, the higher the pension will be assigned. Such a pension can be received by a wider range of individuals who can document that they were supported by the deceased.
In any case, regardless of the type of payment for the loss of a breadwinner, this is an additional guarantee of protection for individuals, which shows and proves that the state cares about its citizens and takes care of them in the event of difficult circumstances.
Survivor's pension amount
The size of the insurance pension in the event of the loss of a breadwinner is determined depending on the length of service and earnings of the deceased breadwinner before 2002, insurance premiums accrued by the employer after 2002, individual pension coefficients (points) that were accrued for each year of work of the deceased breadwinner since 2015.
In addition, a fixed payment is established in addition to the survivor's insurance pension. The amount of the fixed payment from February 1, 2021 is:
- RUB 2,402.56 - children who have lost one of their parents;
- 4805.11 rub. – children who have lost both parents, or children of a deceased single mother.
The size of the fixed payment increases by the regional coefficient depending on the child’s place of residence. From April 1, 2017, the social pension in case of loss of a breadwinner is assigned in the following amount:
- 5034.25 rub. - children who have lost one of their parents;
- RUB 10,068.53 - children who have lost both parents, or children of a deceased single mother.
How are survivor pension payments regulated?
To understand in detail how to apply for and receive survivor benefits, you need to familiarize yourself with the regulations that govern this issue.
The rights to receive a social pension, the procedure for registration and calculation of such benefits are enshrined in the following regulations:
- “On insurance pensions”;
- “On state pension provision in the Russian Federation”;
- “On pension provision for military personnel and members of their families”;
For a more detailed study of this issue, it will be necessary to proceed from this regulatory framework.
Types of PPC
At the moment, three types of PPC can be distinguished:
- Insurance – monthly payments to the children of the deceased breadwinner up to the age of 18 or up to 23 years when studying full-time, as well as: disabled relatives; disabled children; unemployed citizens who are raising the children of a deceased citizen.
When calculating the amount of the pension, the following are taken into account: the coefficient of the deceased person; general conditions for the breadwinner’s work (experience, income); fixed payment amount.
The PPC is assigned from the day the full list of documents is submitted to the Pension Fund, but not earlier than the time when the corresponding right to the PPC arises.
Payment methods may be as follows: Russian Post, located near the place of actual residence; bank - issuing a card or paying through the branch cash desk; companies that deliver pensions in a specific region - the full list can be found in the Pension Fund.
- Social - received by children of disabled persons who do not have work experience, as well as for other disabled members of the breadwinner’s family.
Children of a missing breadwinner are equal to the criteria of a deceased person!
The basis for refusal of the insurance policy is the deceased’s lack of insurance coverage, as well as the commission of a criminal act that led to death.
It is important to know! Law on Insurance Pensions
The average social pension amount is almost 5,000 rubles in mid-2021.
The pension is assigned after submitting the full package of documentation to the Pension Fund from the 1st day of the next month in which the applicant applied to the appropriate structure, after receiving a positive result.
- State - paid to disabled relatives of the breadwinner, such as: children under 18 years of age (up to 23 years of age - during training); grandchildren; brothers, sisters left without parents; non-working close people, for example, wife, brother, mother; a relative raising the children of the deceased until they turn 14; parents of the deceased; disabled people.
Who is entitled to a survivor's pension?
Social support, according to the laws, is paid to individuals who were dependent on the deceased. But there is a nuance here that not only people who really need this support, but those who actually have no relation to the deceased can begin to apply for such social support. Therefore, the legislator established the size of the survivor's pension and the issues of who is entitled to such payment, as well as other issues, all of which are clearly regulated by law. Such persons include:
- Minor children. These are considered persons under 18 years of age, that is, until the child turns 18 years old, the child will receive a pension in the assigned amount;
- Students. In this case, a student can be considered a person who studies at a higher academic institution of IV-V forms of accreditation. The pension is accrued until the end of training;
- Children who are adopted are also entitled to social assistance;
- Spouses and parents who have disabilities (see Pension by disability group in 2021);
- Spouses and parents who have reached a certain age;
- Imperfect brothers and sisters, grandchildren who do not have able-bodied parents or have been disabled since childhood;
- Relatives who care for a minor child who is entitled to a pension. A person under 14 years of age is considered a minor.
- Grandparents who have no means of subsistence, and another supporter;
- Disabled dependents who have committed a criminal offense resulting in the death of the victim.
A separate point worth noting is such categories of persons as stepfather and stepmother, but it is necessary to prove that these categories cared for the deceased for 5 years.
This list of persons is indicated in the Law of the Russian Federation “On Insurance Pensions”. All others do not have the right to apply for a social pension for the loss of a breadwinner. Also, in addition to designating the categories of persons who may qualify for the right to receive benefits, you need to provide a number of documents that will actually confirm the right to receive payments.
Labor pension in case of loss of a breadwinner
The labor pension in case of loss of a breadwinner is provided for by the current legislation of the Russian Federation, namely Federal Law No. 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation” (Article 9).
As can be seen from the text of the article, the basis for assigning a labor pension of this type is the loss, that is, the death of the breadwinner, who during his lifetime had dependent disabled members of his family. It is worth noting that the basis for assigning a pension is not only the fact of death, but also the fact of recognizing a person as missing or dead.
Documents confirming the loss of a breadwinner are:
- in case of death - a death certificate issued by the civil registry office;
- if a person is declared missing or dead - a court decision that has entered into legal force; Based on this decision, the civil registry office issues a death certificate.
We will not dwell in detail on the procedure for recognizing a person as missing or dead; we will just note that this procedure is contained in Articles 276-280 of the Civil Procedure Code of the Russian Federation.
Perhaps it’s worth starting by defining more precisely the concept of dependent family members of a deceased breadwinner.
Dependency is the full maintenance of these persons by the deceased breadwinner and their receipt of constant assistance from him, which was their main source of livelihood.
The issue of establishing dependency seems quite complicated, since the text of the Law does not disclose the concept of permanent assistance and the main source of livelihood. There are different points of view on these issues. It logically follows that ongoing assistance is assistance that has been provided regularly over a sufficiently long period of time. Such assistance will be the main one when its volume significantly exceeds other minor sources of income of the dependent. For example, a son, a student who receives a small scholarship, is undoubtedly a dependent of his father, who has a high income.
A family member of a deceased breadwinner can be recognized as a dependent, even if he never lived with the breadwinner, including in the same city, but constantly received assistance from him, which is the main source of livelihood. The law also does not provide that in order to recognize a family member as a dependent, permanent assistance must be provided in the period immediately preceding the death of the breadwinner. For example, a mother who had reached retirement age received constant financial assistance from her son for a long time, which, given her small pension, was her main source of livelihood.
However, in recent years, for some reason, her son stopped providing her with financial support. After the death of a son, his mother will be recognized as his dependent.
Proving the fact of being a dependent is necessary and occurs documented, that is, by providing the necessary documents - certificates of income of all family members, certificates of family composition, etc.
Persons entitled to receive a labor pension in the event of loss of a breadwinner
First of all, this:
- children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18 (being dependent on children under the age of eighteen does not need to be proven, but is initially assumed);
- children, brothers, sisters and grandchildren of the deceased breadwinner under 23 years of age, if they are studying in educational institutions of all types on a full-time basis (a document confirming a person’s education in an educational institution is a certificate issued by this institution);
- children, brothers, sisters and grandchildren of the deceased breadwinner over 23 years of age, if they became disabled before reaching the age of 18, with limited ability to work. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents.
The right to receive a labor pension in the event of the loss of a breadwinner - a father, can be exercised both by children born in marriage and by children born to a father and mother who are not married to each other, if at the birth of the child the father declared his paternity or paternity was established by court decision.
I think that it is worth paying attention to the issue of the legal capacity of minor dependents of a deceased breadwinner. Legal capacity is the ability of a person to exercise his rights and acquire responsibilities independently. In the Russian Federation, full legal capacity is acquired upon reaching the age of 18. From this moment on, a person can independently conclude any transactions, get a job, and assume any obligations. The Family Code requires parents to provide for children under 18 years of age. That is why a labor pension for the loss of a breadwinner is assigned to a child under 18 years of age (except in certain cases).
But in the legislation there are some grounds for recognizing a child under 18 years of age as fully capable. There are two reasons:
- marriage with the permission of parents and guardianship authorities;
- emancipation (a child, with the permission of his parents, from the age of 16 works under an employment contract or is engaged in private entrepreneurship and has his own stable income).
Persons who have not reached the age of eighteen, but have acquired full legal capacity in accordance with the law by marriage or as a result of emancipation, do not have the right to apply for a survivor's pension. However, if this pension was assigned before the person acquired full legal capacity, it will be paid until the expiration of the originally appointed period.
In addition to children, brothers, sisters and grandchildren, the spouse of the deceased breadwinner, one of his parents, grandparents, as well as a brother, sister or child of the deceased breadwinner who have reached the age of 18 years, if they are caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age and are entitled to a labor pension in the event of the loss of a breadwinner. A labor pension in the event of the loss of a breadwinner due to care is assigned to only one relative, regardless of the number of children, brothers, sisters or grandchildren of the deceased breadwinner under 14 years of age.
A prerequisite for granting a survivor's pension in connection with care is the right of a child under 14 years of age who is being cared for to receive a survivor's pension.
The next condition is that the child of the deceased and his/her caring siblings reach the age of eighteen. If these persons provide care but have not reached the specified age, then the pension will be paid only from the moment they reach 18 years of age.
Once the child being cared for reaches the age of 14, the payment of the pension ceases. If care was provided for several children, then this payment ceases from the moment the youngest of them turns 14 years old.
The question of the right to a labor pension in the event of the loss of a breadwinner for a person caring for the young children of a deceased breadwinner requires special consideration, if this person is registered with the employment service as unemployed and receives unemployment benefits and the period of receiving the benefit is included in his insurance period . Yes, these persons have such a right, since in accordance with the law, the status of unemployed is acquired by able-bodied citizens who do not have a job and no income (source of income). This citizen is officially recognized as unemployed by definition, and unemployment benefits cannot be considered as earnings.
The Law on Labor Pensions establishes the right of disabled parents and the spouse of a deceased breadwinner, who were not dependent on him, 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.
In this case, disability means that a person has reached the statutory retirement age, that is, for women - 55 years, for men - 60 years, or recognition of a person as disabled. This rule can be applied regardless of the amount of time that has passed from the moment of death of the son, daughter, spouse until the loss of the source of livelihood by the parents or surviving spouse, as well as the length of the period of time from the moment of death of the son, daughter, spouse until the moment when the parents or surviving spouse became disabled.
The labor pension in case of loss of the breadwinner - the spouse is preserved upon entering into a new marriage.
In this case, the sequence of events that took place is of primary importance—the moment the survivor’s pension was assigned and the time the surviving spouse entered into a new marriage. If the right to receive a labor pension in the event of the loss of a breadwinner was exercised before entering into a new marriage, then the right to receive this pension is retained. If the application for a pension took place after marriage, then the right to receive a pension is lost, even in the event of subsequent dissolution of the new marriage or death of the new spouse.
To establish the right to a pension on this basis, relevant documents must be collected confirming incapacity for work and loss of a source of livelihood. These can be certificates of income for all family members, certificates of residence, disability, etc.
In addition, the right of 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, is provided, to switch to a labor pension in the event of the loss of a breadwinner. The basis in this case is the fact that during his lifetime the breadwinner provided these family members with constant assistance, which was their main source of livelihood, despite the pension they received.
So, we have sorted out the list of persons entitled to receive a labor pension for the loss of a breadwinner. Let us draw attention to the fact that this list is exhaustive, that is, except for the persons specified in Article 9 of the Law on Labor Pensions in the Russian Federation, no one else has the right to apply for such a pension.
Documents required when applying for a survivor's pension
The list of necessary documents attached to the application for a survivor's pension was approved by Resolution of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation dated February 27, 2002 N 16/19pa “On approval of the List of documents necessary to establish a labor pension and a pension for state pension provision in in accordance with the Federal Laws “On Labor Pensions in the Russian Federation”:
- Passport or other document proving identity, age, place of residence, citizenship.
- Death certificate of the breadwinner.
- Certificate of insurance experience.
- Certificate of average monthly earnings of the deceased breadwinner for 2000-2001. or 60 consecutive months before January 1, 2002 during employment.
- Documents confirming family relations with the deceased breadwinner.
If necessary, the following documents must be submitted to the territorial body of the Pension Fund:
- identification and powers of the legal representative (adoptive parent, guardian, trustee);
- confirming that a disabled family member is dependent on the deceased breadwinner;
- confirming the fact that the stepson (stepdaughter) was raised and supported by the deceased stepfather (stepmother);
- confirming that the deceased was a single mother;
- certifying that the person to whom the pension is assigned is a full-time student at an educational institution;
- confirming that the disabled family member is caring for children, brothers, sisters or grandchildren of the deceased breadwinner under 14 years of age and does not work;
- confirming that the children, brothers, sisters or grandchildren of the deceased breadwinner who are being cared for are entitled to a survivor's pension;
- about other recipients of a survivor's pension established in connection with the death of this breadwinner;
- about the death of the other parent;
- on recognizing the person to whom the pension is assigned as disabled;
- about the unknown absence or about the declaration of the breadwinner as dead;
- about the loss of a source of livelihood;
- about the place of stay or actual residence on the territory of the Russian Federation;
- confirming the place of permanent residence of a citizen of the Russian Federation outside the territory of the Russian Federation.
Also, as documents confirming the fact that the stepson (stepdaughter) is in the care and maintenance of the deceased stepfather (stepmother), the following are presented: a certificate from housing authorities or local authorities, certificates of income of all family members and other documents containing the required information, and in necessary cases - a court decision to establish this fact.
What are you entitled to?
1. Pension in connection with the loss of a breadwinner. It is accrued on the basis of an application submitted to the Pension Fund authorities and the necessary documents attached to it.
The amount of the survivor's pension consists of a basic part and an insurance part. The basic portion as of March 1, 2009 is 1,950 rubles for orphans, 975 rubles for other dependents. The insurance portion is calculated using a formula that takes into account many aspects: the accumulated insurance portion at the time of death of the breadwinner, the number of pension recipients, etc.
2. In addition to the basic pension, Moscow Government Decree No. 1005-PP of November 27, 2007 provides for a monthly compensation payment.
The amount of the monthly compensation payment for the survivor's pension is determined as the difference between the city guaranteed minimum and the size of the labor pension for the loss of the breadwinner on the date of establishment of the monthly compensation payment, minus the amount of unemployment benefits received by persons from the result obtained.
In the conditions of modern reality, it is worth noting a separate category of persons entitled to receive monthly compensation payments towards the survivor's pension.
These are children whose parents (one of the parents) were killed (died) as a result of terrorist attacks, man-made and other disasters. Based on Decree of the Moscow Government of April 8, 2008 No. 269-PP, they increased the amount of monthly compensation payment to 13,000 rubles.
Monthly compensation payments are calculated by the district social protection department serving the address at which the citizen receives his pension.
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Up to what age are benefits paid?
It was already mentioned above that for children the pension is paid until they reach 18 years of age. But if they continue their studies at a university, survivor benefits for a full-time student are accrued until the end of their studies, that is, until the age of 23. The fact of receipt and accrual of pensions for students studying on a full-time basis, and not on distance learning, is mandatory. Also, if a student begins to officially work using a work book, payments may stop. But if a student works part-time without making entries in the work book, he will be able to continue receiving social benefits.
Working without a work book under an agreement or contract: pros and cons, is there a difference? Interesting fact! For a disabled person, payments will continue until the disability is lifted. For persons who care for a child before they reach 14 years of age, payments will continue accordingly until this age is reached.
The procedure and conditions under which survivor benefits are terminated
Basically, the termination of payment of a survivor's pension follows the same rules as when stopping payments for old age or disability.
An additional basis for termination of a pension is the achievement of a person of a certain age, namely 18 years. Also, the reason for termination is the lack of documents that certify that an individual is studying full-time.
In other cases, it is necessary to rely on cases of termination of payments for pensioners. So basically in their case, stopping payments can happen:
- if the pension has not been paid for more than 6 months, and the individual has not submitted requests for its extension;
- upon receipt of documentary evidence that confirms that the individual has traveled abroad for permanent residence in another country. If there is an agreement with the state to which the citizen left, the pension is obliged to be paid by the state to which the person left;
- upon expiration, the validity period of the document that was issued to a foreign citizen to confirm his right to a place of residence.
In the case of a disabled person, his pension may be terminated if he does not promptly report to the authorities that carry out medical and social examination within 3 months.
Payments to the family of a former soldier
Payments to close relatives are assigned if the following factors are present:
- death of a serviceman while performing an official assignment;
- accident while performing a work assignment;
- death occurred due to injury during service;
- death in captivity;
- missing.
The following persons have the right to receive a pension:
- Minor children - this category includes dependents under 18 years of age; up to 23 years of age during full-time study; disabled children (indefinite payment); adopted children; stepson, stepdaughter (in the case of maintaining children for at least 5 years before death).
- Husband or wife of the deceased in the absence of means of subsistence - payments continue after entering into a new marriage. The condition for stopping payment is to return to official work.
- Parents - in the absence of cash income.
- Brothers, sisters, if they do not have able-bodied parents.
- Grandchildren.
- Grandfather grandmother.
- Close relatives are disabled.
- Unemployed persons of any age who are raising children of the deceased until they turn 14 years old.
From this material you can learn more about the pension savings of a deceased relative.
Registration of a military personnel's training certificate
It is important to know! All about survivor's pension
In order to obtain a PPC, you must contact the Pension Fund or the Ministry of Defense with a complete list of documentation, such as:
- application - can be submitted by mail, via the Internet, by a legal representative;
- applicant's passport or birth certificate (up to 14 years of age);
- death certificate, as well as: court decision; extract from the dismissal order; certificate of examination results;
- paper confirming the fact of relationship with the deceased person;
- document on the serviceman's disability, which indicates the date and reason;
- certificate of family income.
Employees of the Pension Fund or the Ministry check the entire package of documentation within 10 days after submission. The amount of payments is determined after a favorable decision is made from the date of death of the breadwinner. If there are errors, changes are made within 3 months after submitting the application for the CPD.
When determining the volume of pension payments, the following criteria are taken into account:
- salary according to position;
- salary according to rank;
- all allowances for the entire period of service.
Survivor's pension: size and latest changes in payments
Depending on the type of survivor benefits, the amount will be different, so to correctly consider the amount of benefits, you need to look at each type separately:
- The insurance pension is basically completely dependent on the former work of the breadwinner, namely on the accumulated experience. The amount of service will be proportional to the future pension. But it is worth noting that you should definitely add a fixed rate to this amount, namely 2279.47 rubles. Immediately after the increase in 2021, the size of the minimum survivor pension began to be 2402.56 rubles.
- Social pension – 5034.25 rubles;
- If a child is raised by a single mother or when both parents die, the pension is doubled. This will be 11068.53 rubles;
- Loss of a breadwinner through the Ministry of Internal Affairs. Such a pension is intended if the breadwinner died as a result of an injury in war, or also retired or became disabled due to an injury received in war. Also, payments are assigned according to this standard if both parents have died and when the children were raised by a single mother. The amount of payments is 10,177.61 rubles;
- The ATS pension should not exceed 150% of the social pension if the person died due to a disease acquired during service. The amount of payments with increased payments is 7633.31 rubles.
Interesting fact! It is worth noting that in addition to increasing payments this year, in 2021 it is planned to introduce a new type of benefit and benefits for the loss of a breadwinner for children whose parents were never known. Benefits for foundling children will be approximately 10,068.53 rubles. The bill on these survivor pensions in 2021 comes into effect immediately from the New Year. Payments will be accrued to the child from the date of birth.
Survivor's insurance pension
The definition of what an insurance pension in the event of the loss of a breadwinner is, and how it differs from a social pension was stated above; now it is worth understanding the list of persons who can apply for and receive this type of pension. These mainly include persons who were considered relatives of the deceased and were dependent on him. These categories of persons include:
- minor children;
- persons who have been identified as disabled;
- persons who have reached a certain age (women - 55 years old, and men - 60 years old);
- a person who cares for a child under 14 years of age;
- full-time students studying at a university until they reach 23 years of age.
Attention! If a person is caring for a young brother, sister or grandson, then this is not a mandatory guarantee that the insurance pension will be due for care; everything will depend on what role the deceased actually played for the above-mentioned persons.
For all persons, except for the minor children of the deceased, there must be a certificate or facts that confirm that the person can actually qualify for payments. That is, you need to prove that a person belongs to one or another category.
What guarantees and compensation exist for those who combine study and work?
You should not delay applying for an insurance pension; you need to immediately go and write an application to the authorities that specifically deal with this, since in some cases the pension is calculated from the moment the application is submitted.
It should be taken into account that if a person has applied for a pension within 12 months from the date of death, then he has the right to receive an additional payment to the survivor’s pension in the amount that accrues for all months. If more than 12 months have already passed, then only the past 12 months are paid, excluding overdue days in the new year.
In order to apply for an insurance pension, you will need to contact the Pension Fund of the Russian Federation. But this institution is not the only option through which you can apply for a pension. You can also submit a written application to the Pension Fund. You can contact the multifunctional center, or use the service online by visiting the multifunctional portal at: www.gosuslugi.ru. But on this site you will need to pre-register.
Before contacting these structures, you need to prepare documents in advance for applying for a survivor’s pension. The list of such documents includes:
- Passport of the individual submitting the application;
- Death certificate of the breadwinner;
- Certificate of compulsory pension insurance;
- Documents that confirm family ties with the deceased person (for example, a child’s birth certificate, which indicates the names of the parents);
- Work record book or other documents that confirm the insurance experience of the deceased person;
- Other additional documents that confirm the circumstances under which the pension will be calculated, for example, a certificate of disability, study at a university, and so on.
As mentioned above, the size of the insurance pension mainly depends on the amount of insurance coverage during work. Accordingly, the more length of service the deceased person has, the more the person who applies for a pension will receive.
Grounds for receipt and amount of unemployment benefits in 2021 in Russia
In order to answer the question of how a survivor's pension is calculated, you need to use a certain formula. It has the following structure: the individual pension coefficient of the deceased person is multiplied by the value of the pension coefficient on the day the pension is assigned, this should be the cost of one point. The result should be the amount that will be paid to the applicant.
In addition to the standard formula for calculating an insurance pension, there are other formulas that provide payments for certain individuals. For example, if a pension is assigned to a child, brother or grandson who does not have a single parent, that is, an orphan, then the individual pension coefficient is summed up on both the father’s and mother’s sides. If the family breadwinner was a single mother, then this coefficient will need to be doubled again.
It is also worth noting that the amount of points is added to the fixed payment, which tends to increase every year, starting from February 1. The increase takes into account inflation over the past year.
Interesting fact! The fixed rate can be doubled if the children are completely left without parents or were raised by a single mother. The rate from the regional coefficient is also doubled, for example for the Far North region.
Types of survivor's pensions
- insurance - transferred when the deceased had work experience;
- social - assigned to children who have lost one or two parents who have never worked;
- state - paid if a military serviceman, an employee of law enforcement agencies (police, Ministry of Internal Affairs, National Guard, Federal Penitentiary Service, Federal Drug Control Service, fire service) or a Chernobyl survivor died.
The size of the survivor's pension in Moscow depends on the type of transfers made. Recipients of the first and third types of support can be the following members of the family of the deceased; in 2021, only the age has changed:
Family member | Conditions of receipt |
Minor children or those studying during the day in educational institutions under 23 years of age | They have the right under any circumstances. |
Minor brothers, sisters, grandchildren or those studying during the day in educational organizations under 23 years of age | When they do not have parents capable of working |
Mom or dad, husband/wife, grandma, grandpa, brother or sister | Under any circumstances, if they are raising children, brothers, sisters, grandchildren of the deceased under 14 years of age. |
Mom or dad, husband/wife | When you reach the generally established retirement age or become disabled |
Mom or Dad | When they reach the age of 60 years for men, 55 years for women. |
Grandmother grandfather | When you reach the generally established retirement age or become disabled. |
Husband wife | When you reach the age of 55 and have not remarried. |
The second type of transfers is only allowed:
- children under 18 years of age;
- children under 23 years of age, if the child is studying full-time in educational organizations;
- a child who became disabled in childhood.
Survivor's insurance pension
According to the law, if the deceased breadwinner has at least one day of insurance experience, his relatives can count on receiving an insurance pension for the loss of a breadwinner.
The amount of the insurance pension is calculated based on the insurance period, the amount of accrued wages and pension points accumulated by the deceased. Consequently, the pension is issued as for ordinary pensioners, only there are no requirements for the age and minimum insurance period of the deceased breadwinner.
Pension legislation assumes that insurance pensions are formed from two elements:
- fixed payment - set for each year and has a certain amount for all pensioners in Russia;
- the insurance part is formed from the number of pension points and their value each year.
The amount of the fixed payment is approved by the Government of the Russian Federation and is indexed every year in accordance with the inflation rate. When assigning an insurance pension for the loss of a breadwinner, 50% of the fixed payment is taken into account - 2,843.12 rubles (the full amount is 5,686.25 rubles) as of 2021.
For orphans, the amount is doubled (that is, a full fixed payment is paid), and for those living in the Far North, an appropriate coefficient is established.
The insurance part is formed as the product of the number of accumulated pension points and their value in the current year. The number of points is calculated using a complex formula and depends on the length of service and the amount of accrued wages. The cost of 1 pension point in 2021 is 93 rubles.
The number of pension points can also be increased, for example, for orphans, the pension points of both parents are added up, and for a child of a deceased single mother, the points are doubled.
Additionally, there is the possibility of inheriting the funded part of the pension. It is paid by the Pension Fund of the Russian Federation at the request of the relatives of the deceased in accordance with the law.
If the accrued insurance pension is lower than the subsistence level in the recipient’s region of residence, it is increased to this amount.
Social pension for the loss of a survivor
In cases where the deceased did not have a single day of insurance coverage, his relatives have the right to apply for a social pension for the loss of a breadwinner.
Not all relatives of the deceased have the opportunity to apply for such a pension, but only the following categories:
- minor children who have lost one or two parents (if none of them had insurance coverage), or children under 23 years of age who are studying full-time;
- disabled family members of deceased military personnel (who died as a result of their crime);
- disabled family members of the deceased who committed a crime and were involved in the death of the breadwinner.
As you can see, the main category of recipients of a social pension for the loss of a breadwinner are children who have lost one or two parents who did not have insurance coverage.
The amount of the social pension for the loss of a breadwinner was approved for 2020 in the following amount:
- children who have lost one of their parents receive 5,606.15 rubles per month;
- children who have lost both parents, children of a deceased single mother, children whose both parents are unknown receive 11,212.36 rubles per month.
As in the case of insurance pensions, a social pension cannot be lower than the subsistence level in a particular region (in the whole country in the first quarter of 2021, the cost of living per child was 10,843 rubles) .
State
Relatives can count on this type of pension:
- deceased astronaut. This does not necessarily mean that the astronaut was on duty;
- victims of radiation or man-made disaster. This includes large-scale disasters at enterprises, as well as transport accidents that resulted in massive loss of life and/or environmental disaster. The most famous, of course, is the accident at the Chernobyl nuclear power plant, and the most recent major one is the sinking of the motor ship “Bulgaria” on the Volga.
List of relatives of the deceased cosmonaut who are entitled to a monthly pension. Each of them will receive 40% of his earnings:
- children under 18 years of age;
- full-time student under 23;
- a child who became disabled before reaching adulthood;
- parents of retirement age and disabled parents who were dependent on the deceased;
- spouse (regardless of whether he can earn money himself).
The average salary of astronauts is about 170,000 rubles, which means that a dependent who is entitled to a survivor's pension will be paid a significant amount each month.
If the astronaut’s salary was 190,000 rubles, then 40% of his earnings amount to 76,000 rubles. There are no restrictions on payments, so this amount will be paid to the dependent, regardless of whether he works or not.
List of persons who can apply for a survivor's pension in connection with a radiation or man-made disaster:
- Parents who have reached retirement age, regardless of whether they were dependent.
- Minor children.
- A child studying full-time at an educational institution under the age of 23.
- A spouse, if he: cares for the children of the deceased who are under 14 years of age, or has reached the age of 50 (women) or 55 years (men).
All of them are entitled to 125% of the social pension.
Orphans and those who have lost a single mother will receive 250% of the social pension.
Let's look at examples.
Maria's husband was a liquidator of the consequences of the accident at the Chernobyl nuclear power plant. He died in June 2021. Maria is entitled to 125% of her husband's social pension. Maria’s husband had a Group 2 disability. The size of the social pension for Group 2 disabled people was 5,283 rubles.
5283*125%=6603 rubles are due to Maria.
Vladimir and Irina lost their single mother due to a man-made disaster. They are entitled to 250% of her social pension. The mother had a group 3 disability and her pension was 4,491 rubles.
Both Vladimir and Irina will each receive 250% of this amount:
4491*250%=11227 rubles.
Currently, victims of this type of disaster are considered to be those who, during the accident at the Chernobyl nuclear power plant:
- contracted incurable radiation sickness;
- received a disability;
- participated in the liquidation of the consequences.
Military
We will talk about the following cases of death of a military personnel:
- while on duty;
- within 3 months after he resigned;
- due to an injury that occurred before dismissal, but caused death after it.
Families of contract soldiers can also count on a military pension. The only difference is that the pension of conscripted military personnel is registered with the Pension Fund of the Russian Federation, and to assign a pension to contract soldiers, you need to apply to the pension authority of the Ministry of Defense.
The list of potential pensioners is the same as in the case of an insurance pension, but with the addition:
- Parents of a serviceman who have reached 50 and 55 years of age (women and men, respectively). Their son or daughter should be considered dead from war trauma.
- The widow of a serviceman who died from a military injury, who has reached the age of 55 and has not remarried.
If the cause of death was a military injury, then you can count on 200% of the amount of the social pension. In other cases - by 150%.
Example
Sergeant Ivanov died in the line of military duty during the fighting in Syria, his widow is entitled to 200% of the social pension.
The size of the social pension in 2021 is 5283 rubles, which means she will receive 5283 * 200% = 10566 rubles.
Another example. Captain Petrov died tragically due to an accident while on duty - a boiler room near his unit exploded. Petrov left behind a widow and a small child. They are both entitled to a payment of 150% of the social pension.
5283 * 150% = 7924 rubles - this is how much both the widow and the child will receive.
For contract soldiers the numbers are different:
Each dependent will receive 50% of the deceased’s allowance if the breadwinner died due to a military injury or illness while on duty;
Each dependent will receive 40% of the allowance if the breadwinner died as a result of an accident while on duty.
Dependents will receive payments in the same way as in other cases:
- children under 18 years of age or under 23 if they are studying full-time at a university;
- lifelong retired parents;
- wives until they remarry.
Those persons whose relatives served in the Ministry of Internal Affairs and:
- died during service or 3 months after its end;
- died as a result of an injury received before dismissal.
If the breadwinner was already a pensioner and died, then dependents can also apply for a survivor’s pension, but they must apply for it no later than 5 years after the death of the breadwinner and as a result of the termination of payment of his pension.
The list of persons to whom this pension is intended is almost identical to the list that applies to military personnel. The only addition: the spouse can count on payments regardless of his age if he has a child of the deceased under 8 years of age in his arms
Example
In one of the families, the policeman father died, leaving behind a wife and a 4-year-old child. The survivor's pension will be assigned to both the child and the wife and will begin to be paid from the moment of registration.
Let's say a child is 11 years old. In this case, a pension is due. But the mother will be granted a pension only when she reaches retirement age.
Pensioners under the Ministry of Internal Affairs include those who served:
- in the police department;
- in the State Fire Service;
- in the National Guard of Russia;
- in institutions involved in the control of narcotic drugs and psychotropic substances;
- in the penal system;
- officers, warrant officers, midshipmen (conscripts) and soldiers, sailors, sergeants and foremen (contract soldiers).
Dependents will receive 50% of the allowance:
- if the breadwinner died from a war injury;
- if you have lost both parents.
The rest will receive 40% of this amount.
The pension amount is calculated as follows: (official salary + salary for a special rank + percentage bonus for length of service) × reduction factor × percentage of salary
Example:
In the Shcherbakov family, dad Sergei Ivanovich was a senior investigator with the rank of major. He died in an accident after serving for 8 years.
Let's calculate the size of the pension for Maria, the daughter of Sergei Ivanovich, who is 15 years old.
Salary for a special rank is 11,500 rubles;
Official salary 15,500 rubles;
Long service bonus 20% to the sum of the official salary and salary by rank (11500+15500) × 0.2 = 5400
The total amount of Sergei Ivanovich's allowance at the time of his death was equal to 32,400 rubles. Let's multiply this amount by a reduction factor of 72.23%. We will receive 23,402.52 rubles.
Since the breadwinner died due to an accident, the pension for his daughter will be 40% of 23,402.52 rubles, that is, 9,361 rubles. It will be paid until Maria reaches adulthood or until she is 23 years old if she studies full-time at a university.
Pensions for dependents of deceased military personnel
If a serviceman died while performing military duties, in captivity, went missing, or died from injuries received during service, his relatives have the right to claim pensions. The amount is 50% of the monetary allowance that was paid to the deceased, minus correction factors. As a result, the minimum pension amount will be 200% of the social pension amount or 11,212.3 rubles in 2021.
In the event of the death of a serviceman from diseases acquired during service (but not related to the service itself), his relatives have the right to receive a pension in the amount of 150% of the social pension or 8,409.23 rubles per month in 2021.
Benefits for children who have lost their breadwinner
The survivor's pension is not the only type of financial support from the state. Regions are establishing additional measures that mainly concern children who have lost their breadwinners:
- annual compensation for the purchase of clothing;
- dairy products and mixtures (issued until the child reaches 2 years of age);
- up to the age of three, free medications are provided with a doctor’s prescription;
- for those receiving a survivor's pension, free travel on public transport is provided;
- free visits to municipal cultural institutions until the child reaches 7 years of age; preferential prices for visits - for those over 7 years old;
- School-age children are offered two free meals a day, as well as free textbooks;
- for vocational school students - free meals.
At the regional level, other types of assistance are added to this list. For example, in Moscow, children are entitled to a monthly cash payment, compensation for rising costs of living and some other benefits.
Children who have lost both breadwinners
Minors who have lost parental care are granted the following privileges:
- home ownership or on social rental terms upon reaching adulthood;
- medical care without payment;
- health improvement in camps without payment;
- career guidance and employment;
- retraining without payment when an enterprise is closed or staff is reduced;
- receiving free education. Orphans are not automatically enrolled, but are given privileges and training without payment.
Tax and other benefits
Every child left without a breadwinner is entitled to a tax deduction for medical care, education and everyday needs. The minimum reduction is 1400 rubles. For 3 children they increase to 3 thousand rubles.
Minors with disabilities are entitled to a deduction of 12 thousand rubles. Maximum deductions: 350 thousand rubles. for all minors; 50 thousand rubles - for expenses on studies; 120 thousand rubles - medical care costs.
Important! The child is entitled to assistance in depriving him of a breadwinner until he starts working.
Social pension for the loss of a survivor
The social pension for the loss of a breadwinner is assigned from the first day of the month when the application is submitted. If the question arises of where to apply for a survivor’s pension, then you need to contact certain authorities, namely:
- Russian Pension Fund;
- MFC branches where the application will need to be submitted;
- pension fund, but by sending a letter of application;
- online application submission through the special Pension Fund website: pfrf.ru.
Again, you need to contact these authorities not empty-handed, but with previously collected documents, namely:
- Passport or other document that confirms the child’s identity (birth certificate);
- Death certificate;
- Other documents that indicate the circumstances that a person has the right to receive this type of social assistance.
After all the documents have been collected, you can safely go to apply for a social pension for your child to the above-mentioned authorities.
The most important
Concept
A survivor's pension is a monthly payment to the loved ones of a deceased or missing breadwinner, who fully supported the entire family.
Legislatively, issues of payment of PPC are enshrined in Federal Law No. 166.167 of December 15, 2001 (hereinafter referred to as Federal Law), as well as in Federal Law-173 of December 17, 2001, Federal Law-400 of December 28, 2013.
Who is entitled to it?
PPC is assigned if one of the following statuses is present:
- dependents under 18 years of age;
- widow - payments are retained when registering a new marriage;
- parents are pensioners of the deceased breadwinner or disabled;
- stepfather, stepmother - in the case of raising a breadwinner for more than 5 years;
- sisters, brothers up to the age of 18 (in the absence of disabled relatives);
- students under 23 years of age studying full-time;
- disabled people;
- relatives who are raising children of the deceased breadwinner up to the age of 14;
- adopted children.
Conditions for the formation of the PPC:
- the length of service of the deceased;
- death while performing official assignments.
Find out also: what is the survivor's pension in 2021.
Purpose of the PPK
A citizen is required to contact the Pension Fund (hereinafter referred to as the Pension Fund) or the Multifunctional Center (briefly MFC) to submit the appropriate list of documents.
The main list of papers includes:
- Application according to the Pension Fund sample;
- passport details (residence permit for foreigners);
- SNILS;
- death certificate;
- papers on the breadwinner's insurance experience;
- documentation confirming the fact of relationship (for example, a marriage certificate);
- paper recording the period and income from the deceased’s work activity (usually a work book);
- passport of the deceased.
Pension Fund employees review all collected documents within 10 working days. As a result, the executors assigned by the PPK decide to return the papers to make changes or assign a pension. Pension Fund employees notify the applicant in writing or by telephone.
Payment of pensions is carried out from the next month after submission of all necessary documentation.
The main delivery methods for PPK are:
- Mail - in this case, two options can be considered: a personal visit to the local post office or delivery of cash benefits to your home. The main disadvantage of personal delivery is that the payment period may be later than with personal delivery.
- Bank - payment is possible through a bank cash desk or through an issued bank card. Funds are credited without charging a commission to the banking structure.
It is important to know! Let's talk about the pensions of Russian Railways employees
The delivery method is determined after written notification to the Pension Fund through: a personally submitted application or through the “Personal Account” tab on the website www.gosuslugi.ru.
The main period for transferring a monthly pension is from the 11th day of each month, but the dates may vary depending on the specific location of the subject of the Russian Federation.
Minimum PPK size
The lowest PPC indicators are the amount of the subsistence minimum, in 2021 it is 8,500 rubles . If you receive a lower PPC amount, an additional payment occurs, which is assigned automatically without submitting an application.
The lowest level of social benefits is 4,900 rubles for the loss of one breadwinner. The last indexation was 04/01/2016 according to Federal Law-166.
In addition, the amount of payments differs by type of pension, individual characteristics of the deceased’s documents, and a fixed rate for a certain category of recipient or subject of the Russian Federation.
Serviceman's survivor's pension
A pension for the loss of a military personnel is a state type of pension, and is called a “military survivor’s pension.” Basically, this type of assistance is paid to the following categories of persons:
- families who have lost a military man who served as a soldier, sailor, sergeant and petty officer;
- families who have lost a person who suffered as a result of a radiation or man-made disaster;
- families of astronauts.
It is also worth considering that the pension is paid if a serviceman dies:
- during the period of service;
- within 3 months after dismissal from service;
- at any time, if during the service there were wounds, concussion, mutilation or other disease that caused irreparable harm to a person.
Benefits in the event of the death of the above persons are provided to all the same persons as when receiving an insurance pension, namely:
- children, brothers, sisters, grandchildren (minors and while studying);
- parents of a serviceman who are already considered disabled, that is, upon reaching 55 years of age for the mother and 60 years of age for the father;
- non-working spouses (55 and 60 years for wife and husband);
- grandparents of a serviceman (55 years for a woman, and 60 years for a man);
- caring for a child under 16 years of age.
As for the amount of state pension payments, it is worth saying that it is paid in the amount of 200% of the social pension if a person received a military injury during service.
If a serviceman dies due to illness, then a pension is assigned in the amount of 150% of the social pension payment. It is also worth taking into account the regional coefficient, which will be added when assigning a state pension, for residents of the Far North.
Grounds for appointment and who is entitled to a survivor's pension
Dependents of a deceased breadwinner can apply for such a pension. It is necessary that the latter has accumulated at least 1 day of insurance experience. In addition, death should not occur due to the commission of an intentional crime by the dependent, which resulted in the death of the breadwinner.
The following persons have the right to apply for insurance payments of this type:
- Minor children, brothers, sisters, grandchildren of a citizen.
- Children, brothers, sisters, grandchildren of a citizen who have reached the age of 23 but are disabled from childhood.
- Mother/father, spouse/spouses, grandfather/grandmother, brother/sister, son/daughter of a citizen who has reached the age of majority, but is not employed and is caring for close relatives of a citizen under 14 years of age.
- Mother and father, husband/wife of a citizen who has reached retirement age or has a disability.
- Grandfather and grandmother of a citizen who have reached retirement age or are disabled, provided that there are no people who support them.
- Unemployed mother, father, husband/wife who were not dependents of the citizen, but lost their source of income.
Survivor's pension under the Ministry of Internal Affairs
This type of government payment is intended if the deceased:
- served in the police department;
- served under conscription or contract as a soldier, warrant officer, officer, major;
- served in the fire service;
- served in units of the criminal-executive service;
- served in the National Guard of the Russian Federation.
A state pension will be assigned if a person died during service or no more than 3 months have passed after the end of service. Also in case of physical or psychological injuries received during work and during retirement.
The amount of the survivor's pension through the Ministry of Internal Affairs is calculated in accordance with the financial wealth formula. Preliminary calculations can be made based on the following formula: the official salary is added to the salary for the rank received and a percentage bonus for length of service , then all this is multiplied by the percentage of financial wealth , which is 72.23% .
Survivor's pension: marriage and divorce of parents
If a person is a minor, then while studying at a university, survivor benefits continue to be paid to him, even if the person enters into a marriage relationship. This does not change anything in the status, and payments continue in the same amount.
Amounts of benefits for the birth of a child
Divorce of parents also does not affect child benefit payments. Indeed, according to the law, a parent must provide for his child in any case, even if the spouses have been divorced for a long time.
Thus, you should not delay in applying for a survivor’s pension. After all, if a person falls into the required category, then soon he may already receive benefits.