How to receive the funded part of a deceased relative’s pension

Is it possible to receive the funded part of a pension for a deceased relative?

Receiving payments is possible if the deceased person was insured and made contributions to replenish the pension. Only heirs can receive the accumulated funds, among whom the money will be distributed as when dividing any property.

Attention! It will not be possible to receive money if a person received a pension payment in full before his death.

Heirs have the right to receive funds that have not yet been paid to the pensioner. If a person has paid a pension for a certain period, then after his death the heirs will only be able to count on the remaining amount of savings. Payment of funds will not be possible if the account was emptied during the person’s lifetime.

How to receive the funded part of a deceased relative's pension

Pensions addressed to Russian citizens upon reaching a certain age include social, insurance and savings systems. The benefit increases depending on how long, in what position and with what salary the person worked during the entire period of activity.

Elena Smirnova

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Unfortunately, today in the country there are often situations in which citizens simply do not live to see their well-deserved vacation days. In this case, the relatives of the deceased, within six months from the date of the sad event, can submit documents to address the inherited money, including a funded pension.

Law

All parts of the funded pension not received by a person in the older age group due to death are addressed to his relatives in the format of an inheritance. Disabled members of his family can also receive insurance benefits in full for the last month of a pensioner’s life.

Among the legislative acts regulating the legal features of such procedures:

No. 400-FZ “On insurance pensions”.
No. 424-FZ “On funded pensions”.
Decree of the Government of the Russian Federation No. 710 and No. 711.
No. 360-FZ “On the procedure for financing payments...”.
No. 173-FZ “On labor pensions...”.

The presented laws become the main means of obtaining information when questions arise about the inheritance of pension contributions.

Reasons for receiving

A funded pension is paid to the heirs of a deceased person in almost all cases encountered in legal practice. The basis for addressing money to the relatives of the deceased is not the payment of funds to the person during his lifetime. If the funded benefit was nevertheless addressed to the main recipient in full or in parts, then the heirs will not be able to proceed with the procedures for its re-registration.

However, there are two exceptional cases:

The pension fund issued a resolution on full payment of the funded benefit, but the citizen died shortly before the corresponding transaction was carried out.
An incomplete amount of the benefit due was transferred to the deceased's address when conducting a transaction in the format of one-time payments.

Thus, the main reason for including accumulated benefits in the list of inherited property is not the targeting of money due to a person during his lifetime.

Who can receive

The circle of persons capable of receiving funded benefits for a deceased relative is listed in legislative norms No. 173-FZ. According to legal norms, the list of citizens with such rights includes only first- and second-line heirs.

Persons with this status include:

spouse;
children, biological and adopted;
parents;
relatives with a brotherly or sisterly share of kinship.

Elena Smirnova

Pension lawyer, ready to answer your questions.

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Persons who were dependent on the deceased person for at least one calendar year also have the opportunity to address the inheritance. However, in order to receive the appropriate payments, people of this status will have to undergo a number of additional procedures.

Is this an inheritance

Every citizen of the Russian Federation is obliged to pay funds towards the formation of his pension. The list of compulsory pension insurance also includes a funded part.

Contributions to the Pension Fund are formed from the following types of payments:

Maternal capital . It is included in the amount of the funded pension if the parents decide to use the money received to form future contributions.
Profit from investing funds in various savings programs.
Funds paid by citizens personally . This may be an initiative of the individual himself or an obligation for self-employed persons.
Contributions from the employer if the citizen is employed under an official employment contract.

The legislation fully allows heirs to receive the funded part of the pension if the deceased person did not manage to realize it in his own interests.

This applies both to situations where a person passed away before retirement, and when a person, after retirement, continued working in order to increase the final size of the funded portion, but died before the payments were made. Therefore, funds are inherited in accordance with all the rules established for relatives.

How does inheritance work?

The procedure for inheriting a funded pension does not differ from the algorithm provided for other property. A citizen must declare his right to inheritance within six months and submit the necessary papers that can prove the degree of relationship between the applicant and the deceased person.

Further, the inheritance procedure will depend on the number of heirs. If there are several of them, then the remaining amount will be divided among all claimants to the property, and if there is only one heir, all the money will go to him.

Reference! The exception is when the distribution of property is carried out on the basis of a will drawn up by a person before his death. Then the funds are distributed in accordance with the will of the testator.

Who can receive funds?

To inherit the funded part of the pension, you need to familiarize yourself with the articles of Federal Law No. 173. The circle of persons who can count on payment after the death of the insured citizen is also listed here.

Persons who belong to the heirs of the first and second stages will be able to receive payment from the funded part . These include husband or wife, children, parents, brothers, sisters. If these categories of persons have the opportunity to receive a payment, then there are also those groups that have a guaranteed right to receive a pension for a deceased person.

Such persons include those who were dependent on the deceased for at least one year. But in order to receive a payment to a dependent, you will need to take into account several important nuances, without which the funds cannot be paid.

A ban on receiving an inheritance may be imposed if a person has been recognized as an unworthy heir. In this case, the person is deprived of even the guaranteed right to payment of funds. Access to pension savings if the fact of unworthiness is confirmed can be prohibited only by a court decision.

The decision to deprive the right is made by the court based on the following factors:

The person committed unlawful acts against the deceased. Such actions include harm to health and attempted murder.
The person did not fulfill his obligations to the deceased. For example, a person refused to pay alimony.

Funds can be allocated not only in full, but also in partial amounts . This is possible if there are several heirs who are included in the same queue. Then all pension savings are divided between the heirs into equal parts.

Important! In controversial situations, relatives go to court to fairly divide the payments.

An additional way to resolve the issue regarding the distribution of a funded pension is a will executed by a person before his death. If the heirs disagree with the provisions of the will, they can be challenged in the courtroom. If there are no contradictions or illegal actions in the execution of the document, the claim to change or invalidate the provisions of the will will be rejected.

Inheritance of the funded part of the pension

The legal basis for accepting the inheritance from the savings of the deceased is his relatives.

Initially, payments are determined to the spouse, child or parent of the testator, while adopted persons and adoptive parents, guardians have equal rights to the inheritance.

If it is established that there are no successors of the first order, their inaction, or in the event of their refusal to accept funds, the pension will be issued to grandchildren, sisters, brothers, grandparents.

Since people do not always find out about the death of a loved one, the PFRF undertakes to send out notifications about the likelihood of acquiring the deceased’s savings.

The testator can personally appoint recipients of his property by submitting a corresponding petition to the Pension Fund. The latter undertakes to inform the relatives of the deceased about his last will. When there is none, the heirs must come themselves and write an application to receive the savings.

The right of inheritance belongs to minor children, dependents of the deceased and disabled or incompetent descendants. In this case, it will not matter whether they lived together with the deceased or not.

Those persons who lived with the testator before his death also have grounds for payments.

If a citizen drew up documents with a non-state pension fund or produced them under a compulsory pension insurance contract, then the heirs are included in a separate clause of the agreement itself. That is, within the transfer agreement the citizens who will be given the money after the death of the testator will be clearly stated. However, this section is not mandatory and can be left blank. Then the legal heirs receive the right of inheritance.

It is necessary to submit an application for the issuance of the funded part of the deceased’s pension to the Pension Fund before the expiration of a six-month period from the date of death of the testator. The form to fill out is issued at the Pension Fund itself.

If for some reason the successor missed the deadline provided by law, then the issue will be resolved through the court.

When the allocated period of time has been missed, the citizen files a lawsuit with the judicial authority to restore the gap. But before this, you will need written confirmation of the grounds for the application, for which you need to write a statement from the Pension Fund of the Russian Federation and receive a refusal indicating the reason (expiration of the deadline). You will also need to attach all available data to prove the weight of the circumstances for missing time.

Regardless of the actions of the heirs, after the death of a citizen within the next 30 days of the Pension Fund:

checks the blood relationship of the persons who submitted the application with the list of successors indicated by the testator;
if such a document has not been drawn up, then they check the degree of relationship of the applicants for savings;
the total amount of the funded part of the deceased’s pension to be received is determined;
a decision is made to refuse or assign payment.

If there are grounds, the amount of remaining savings will be transferred to the reserve fund for compulsory pension insurance.

After an affirmative answer is given, the PFRF sets percentage shares for each successor. Legal heirs are awarded equal shares. When a refusal is written by one of the heirs, the payments due to him are redistributed equally among the other heirs.

Next, the total amount of accumulated finances in the PFRF of the now deceased is calculated.

Now the amount of payments for heirs is calculated based on the size of the share and based on the total amount of accumulated money.

Only after this is a decision made on payment of the inheritance.

If there is a reason, the accumulated funds will be transferred to the Pension Fund reserve according to compulsory pension insurance.

The following circumstances are mandatory conditions for the heirs to be able to inherit and receive the funded part of the testator’s pension:

the deceased person was a participant in compulsory pension insurance and there are accumulated funds in his personal account;
the testator, who had the right to include accumulated amounts in his pension provision, died before reaching retirement age;
The testator, although he had reached the legal age, did not apply for a pension.

You cannot claim to receive these payments after the death of the testator, who received it at least once.

One of the conditions for receiving accumulated funds is the submission of applications by the heirs to the Pension Fund, where these savings are located.

These applications must be submitted no later than the end of six months from the date of death of the testator.

If the heirs missed the deadline, then its restoration is possible in court.

Of course, one cannot ignore the relationship between the amount expected to be received and the amount that can be spent on legal costs. It may happen that this ratio is not in favor of the amount of the expected payment.

You can read how to enter into an inheritance through the court here.

The legal successors of deceased citizens born in 1967, as well as those born in later years, can receive funds accumulated in a pension account.

For citizens who were born in earlier years, the part of pension savings subject to inheritance was not formed and their heirs cannot receive these payments.

Applicants for receiving payments are:

The heirs of whom the testator indicated in his application.
This statement contains an order on what shares to distribute the accumulated funds in the event of the death of the testator among those persons whom he indicates. The application is submitted to the Pension Fund office at the citizen’s place of residence and is stored there.
If there is no such statement, then the amounts of money are paid to the heirs according to the law.
Payments are made in order of priority. The first priority is children, spouses and parents. The second is the brothers, sisters, grandchildren, grandparents of the testator.
Moreover, the heirs who are part of the second stage can receive funds if there are no heirs of the first stage or they have not applied for these funds.
The shares of the heirs of one line are equal.

In the event of the death of the mother, the father or adoptive parent of her children may inherit payments of funds received into the funded part of the pension from maternity capital funds. Children cannot receive these funds if there is no father or adoptive parent.

The order of succession according to law

The labor pension is formed from employer contributions to the Pension Fund. These funds are used for current payments to pensioners and are not property that can be passed on by inheritance. However, after the 2013 reform, it became possible to independently determine the method of pension formation:

form only the insurance part (22% of deductions);
form an insurance and savings part.

Those who chose the second option were offered to enter into an agreement on the accumulation of funds with the Pension Fund of the Russian Federation or a non-state fund. The new pension system made it possible for citizens to increase the amount of future material security, since these funds (6%) were invested by funds and banks in securities and generated investment income.

Testators are often interested in whether it is possible to bequeath the funded portion of a pension ? We will answer this question in detail.

You can receive a pension inheritance if a number of conditions are met:

The deceased must be a participant in the savings system . Such a pension could be applied for by citizens born after 1967, as well as those who contributed personal funds to a savings account or transferred maternity capital money to it. Confirmation of participation in this system is an agreement signed with the Pension Fund or Non-State Pension Fund.
Transfer of money from a savings account to legal successors is allowed only if its owner does not live to retirement age . In other words, if the funds in his account remained untouched (he did not receive this money monthly as a pension), then they are inherited.
Receiving the deceased’s savings is also possible if he has made an urgent payment during his lifetime (the legal successors will receive the money remaining in his account).
Payment to heirs is also due if during his lifetime the account owner applied for a lump sum payment of funds, but did not manage to receive it due to his death.

Process of receiving money

To receive pension savings as an inheritance, you will need to act in accordance with the conditions of Russian legislation. The issue of inheritance is considered in the RF PP No. 471.

To make a payment you will need to follow the algorithm:

Find out all the necessary information.
Collect documents.
Go to the Pension Fund with the collected papers.
Submit an application with documentary evidence to receive payment.
By decision of the council, funds will be sent to the specified details or the application will be rejected.

Sample application for receiving a funded part of a pension for a deceased relative:

List of required documents to receive savings in the form of an inheritance:

passport;
birth certificate (if a minor is to receive funds);
court order to extend the period for filing an application (if the period for filing an application was missed);
confirmation of the degree of relationship between the applicant and the deceased person;
death certificate;
power of attorney (for representatives only);
SNILS of the deceased person;
details where the money must be sent if the council’s decision is positive.

An important nuance is to fill out the application correctly. If the application is not made according to the form, the pension fund employees will reject the application. There should be no corrections or blots in the finished document; they will be another reason for rejecting the application.

The generally accepted form of the document includes the following points:

Applicant details (full name).
Who is this person related to the deceased person?
Passport details.
Grounds for receiving a pension.
Details for transferring funds.
Temporary or permanent registration address.
Number and signature of the applicant.

If the application is rejected, the citizen has every right to appeal the decision in court.

The documents and application must be submitted to the local PF office. Transfer of documents is allowed not only during a personal visit to the institution, but also through a third party, who must have a power of attorney from the applicant. If it was decided to send the papers by mail, then this can only be done using a registered letter with a list of attachments.

The legislation allows you to apply to the fund in accordance with the standard deadlines for registering an inheritance - 6 months from the date of death of a person . It is possible to submit an application without taking into account the deadline only in exceptional circumstances, when the heir was not informed or did not have the physical opportunity to be present during the division of property.

Important! The pension fund has five working days from the date of application to process the received application.

If the pension fund decides that the applicant has every reason to receive a payment, then a positive response to the application is issued. The funds will be transferred to the person by the 15th of the next month.

An applicant may be refused if the following facts were revealed during processing of the application and documents:

Not a complete set of papers is presented.
The application contains errors, inaccuracies or corrections.
The submitted documents are fake.
Incorrect information was transmitted.
There are no grounds for payment.

The commission's decision may be challenged. To do this, the applicant must draw up and submit a petition to appeal the decision.

Nuances

Legislation allows citizens of the Russian Federation to store their pension savings in state and non-state funds. Therefore, the place of circulation will depend on where exactly the deceased person kept the funds. The procedure for registering and receiving savings will be carried out under the RF Regulation No. 471, regardless of the organization.

The law prohibits pension funds from requesting an expanded package of documents. Therefore, before contacting the organization, there is no need to clarify which list of papers is necessary to process the payment.

If the pension fund requests additional papers, the applicant can immediately apply to the court with a corresponding application . Such an action on the part of the PF is illegal, for which the responsible person will be punished in accordance with the administrative or criminal code.

To receive a funded pension, you need to fill out an application, collect papers and submit a complete package of documents to the pension fund. Funds will be transferred to the applicant using the specified details only if there are grounds.