Why can't they give an old-age pension? Refusal of pension Reasons for refusal of old-age pension

Refusal of old-age pension is a situation that occurs quite often in our time. Usually the PF is the initiator of the refusal, and the reason for such a decision is the non-compliance of the citizen with the minimum requirements imposed by the Pension Fund. What these requirements are and how to appeal a refusal if it is illegal, we will consider below.

In 2017, the Pension Fund urged citizens who receive an official salary, drawn up in accordance with all the rules, not to worry about receiving deductions on time. Only those citizens who receive their wages informally will be exposed to such risks.

To date, the following reasons can be identified that may serve as a reason for refusing a pension:

A citizen does not have a minimum work experience that allows you to start receiving payments. By law, work experience must be at least 9 years.
In the case of receiving a small salary, a citizen could not score the necessary points determined by the Pension Fund. Today, a pensioner who wants to start receiving the money deductions due to him must have 13.8 points.
There are employers who keep records of the length of service of their employees carelessly. In this regard, errors and corrections occur during the execution of documents, which may cause a refusal to issue the savings required by law.
It is not uncommon for archives containing information about the length of service of employees to be destroyed or become unusable. In this case, pensioners may also have problems with registration.

In most cases, the reasons for the refusal voiced by the PF employees are real and have legal grounds. However, there are situations when such decisions have no legal basis.

There is another reason related to the refusal to issue a pension. It concerns the heirs of the deceased pensioner, who are entitled to receive his cash savings. The reason for the refusal will be the expiration of the application deadline, which the heirs must send to the Pension Fund.

The time allotted for the PF to submit this document is 6 months.

If the heirs have legal grounds for missing the deadlines, this decision can be appealed in court.

Note! Every citizen has the right to protect their rights. In case of infringement, you should contact the court or the Pension Fund offices that deal with similar issues at the federal level.

What to do and where to apply if a pension is denied

If you receive a refusal to assign an old-age pension received by you from the Pension Fund, the following options for appealing it are possible:

A citizen who has received a refusal can apply to a higher PF by writing a corresponding complaint.
You can apply to the court for a review of the decision.

Upon receipt of the complaint, the PF or the court must take the following actions:

Calculate your total work experience gained during your official employment.
The reasons that became the basis for the cancellation of payments are considered.
The data specified in the work book is checked for accuracy.
If necessary, your pension will be recalculated.

Appeal against a denial of a pension

It is carried out in two ways:

through the court
through an appeal to the higher branch of the PF.

If a citizen chooses the court as the body that will consider his complaint, he needs to draw up a statement of claim. It is submitted to the branch of the district court responsible for the district in which the PF is located, which refused you to apply for a pension.

The application must include the following information:

The name of the court that will hear your complaint.
Your personal data, including full name, residential address and contact phone number.
The address and name of the FBO that denied your savings request.
Next, describe the situation, stating the reasons for the refusal, and note the fact that it violates your civil rights.
The reasons that will serve as evidence of the illegality of the refusal you received from the RF Pension Fund authorities are indicated.
The next item is a petition, the essence of which is a request to oblige the Pension Fund to reconsider its decision and issue permission to accrue a pension.
The last is a list of documents attached to the claim.

A copy must be attached to the claim. References and other papers attached to the main document must also be duplicated by making copies of them.

Important! Do not forget to attach a check or receipt, which will be proof of payment of the state fee. Without such a document, your claim will not be considered.

Pensioners who decide to apply to the higher bodies of the Pension Fund must also file a complaint. It must indicate:

PF, which refused to issue you a pension.
Your contact details.
The document must describe the situation, paying attention to the reasons for the refusal and their illegality.
At the end of the document, you must indicate the date of compilation and certify it with your signature.
The complaint must be accompanied by a copy of the refusal received in the PF, and documents that will confirm your rights to appeal it.

When filing a complaint, you need to pay attention to the following things:

It must be written in legible handwriting.
When compiling it, the use of insults or any jargon is not allowed.
Be sure to include your personal details and the address to which a response to your complaint will be sent. If not, it will not be considered.

If you did everything right, then within 30 days The complaint will be pending before a decision will be made.

By law, it must be executed by the regional PF without fail.

How to cancel a pension and why you need it

Any citizen of the Russian Federation has the right to refuse to receive a pension for a certain period. This is done to increase the pension payments that he will receive in the future. This will happen due to the fact that every year that the pensioner does not receive the payments due to him will be multiplied by a certain coefficient. Accordingly, the amount of subsequent payments will be increased.

This is possible for the following categories of citizens:

citizens who already receive pension contributions;
citizens who have not yet been assigned deductions, upon acquiring the rights to pay them.

After the period for which the refusal to receive payments has expired, the citizen will receive an increased pension. Its size will depend on the following factors:

period of refusal to receive payments;
on the type of pension that a citizen receives;
on how the retirement was carried out - ahead of schedule or in due time.

All these factors have their own coefficients that will affect the final amount of payments received.

1. Refusal to assign a pension - reasons.

So, in our country, upon reaching a certain age by law, citizens are entitled to pensions. For men, this age is set - 60 years, for women - 55 years.
It is not uncommon for a citizen to reach the specified age, apply to the pension fund department at the place of residence and receive a refusal to grant a pension. The main reasons for this refusal are:

No verified work experience provided. The most common reason is that a citizen worked for some time in some company or organization that ceased to exist, the archives are lost and it is impossible to restore information about the employee.
it is not possible to include any period of work of a citizen in a special length of service giving the right to early retirement, due to the indication of another position in the work book.
the absence of a citizen's right to a pension.
other reasons.

If you receive a refusal to assign a pension, we recommend that you contact an experienced pension lawyer to develop an optimal strategy for protecting your violated rights.

2. Denied a pension, what to do.

Upon receipt of a refusal to assign a pension, a citizen who has received such a refusal may challenge it in various instances. It is possible to challenge such a refusal in the higher body of the pension fund, but as practice shows, in the framework of the pre-trial settlement of the issue, the likelihood of reconsidering the decision is extremely small. The best way to challenge the refusal of the PFR is to go to court.
Such cases are considered by district courts at the location of the territorial body of the pension fund that refused to grant a pension.
A statement of claim is filed with the court demanding to recognize the refusal to grant a pension as illegal and to oblige the pension fund to grant a pension.

3. Challenging the refusal to assign a pension in court.

To challenge the refusal to assign a pension, as already mentioned, it is necessary to apply to the district court with a statement of claim. For such cases, the state duty is 300 rubles. The defendant will be the branch of the pension fund that made the decision to refuse.
The statement of claim must be submitted no later than 3 months after receiving the refusal of the pension fund. It is necessary to carefully prepare for the court, in addition to a competent and legally correct drafted claim, it is necessary to provide the court with a written refusal of the PFR authority, and a work book confirming the length of service, and other documents confirming the plaintiff's arguments, and arguments confirming the illegality of the actions of the PFR authority with links to the current legislation.
Let's face it, such cases are quite complicated, because it is necessary to prove in court that the plaintiff has the right to a pension, despite the refusal of the FIU, which has professional lawyers on its staff and can legally justify the refusal.
Therefore, the best way out for you is to contact our company, where lawyers will analyze your case, get acquainted with the documents and be able to develop the most optimal plan for protecting your violated rights, both at the stage of applying to the FIU, and throughout the trial, including the stages of appeal and cassation appeal of the court decision, in case of refusal to satisfy the claim in the court of first instance.

Russian pensioners have a hard time: the size of the average pension in the country, even which, however, only a few receive - most old people survive on 7-8 thousand rubles. But it turns out that they are still lucky, because today there are already cases when the Pension Fund refuses to grant old-age pensions to old people, they say, those not enough insurance points or experience. Fund officials assure that this happens only to those who, for most of their working life, worked unofficially and received “black” or “gray” wages – this phenomenon will not affect legal workers.

Meanwhile, even such a seemingly fair and justified position of the state is puzzling. The fact is that by doing this, the fund forces the workers to independently demand “white” wages from employers in order to accumulate the required number of insurance points, while remaining on the sidelines and relieving themselves of any responsibility. Assuring citizens that the denial of pensions will affect only representatives of shadow employment, the state expresses its intention to deprive the insurance pension of 5 to 20 million Russians in the future working informally. Careerist.ru tried to find out why this is happening.

Not enough points

Due to the lack of pension points among Russian citizens of advanced age, many of them run the risk of being left without an insurance pension. And given that the social pension, according to the PFR, begins to be paid only after the completion of employment by citizens, in the absence of insurance points, many working pensioners risk being left without any pension at all - The pension fund without a twinge of conscience will deprive them of payments in case of non-compliance with formal standards. So, for example, it happened in the Saratov region, where, according to the local branch of the Pension Fund, about four hundred pensioners were left without an insurance pension - they had neither the necessary length of service, nor balls for full payments. An identical situation has developed in the Republic of Mari El: according to the local FIU, the number of citizens deprived of their insurance pension was 44 people.

But these are only special cases - the total number of such “pension unlucky ones” in the country is unknown, the main department of the Pension Fund does not keep such statistics, and there is no need to talk about differentiation that takes into account the reasons for refusals to accrue pensions. According to the fund, the main reason why Russians do not have formal grounds for calculating pensions is the lack of work experience, which is due to their informal employment. Officials warn that by working “in the shadows” and receiving unofficial labor income, citizens risk being left with a “meager” pension in old age - by which they mean a social pension, which today is 8.7 thousand rubles. It is supposedly paid to everyone who has completed their labor activity upon reaching retirement age, and is not entitled to receive an old-age insurance pension. The fact that the insurance pension of many Russians is less than the official size of the social pension does not bother officials from the PFR.

Nevertheless, it is believed that it is much more prestigious to receive an insurance pension - on average, it is about 13.6 thousand rubles, and it begins to be paid not after the end of employment, but from the moment of retirement age, even if the pensioner is still working. The main thing is to have the required number of points and years of experience.

Such requirements for receiving an insurance pension are new for Russia - they were introduced only 2 years ago, and before that, experience and age were enough to make payments. Now, in order for a pensioner today to receive the right to pension insurance, upon reaching a certain age, he must have at least 8 years of service and 11.4 points. But such rules are only valid today - future pensioners will need more points, because every year the minimum requirement will increase by 2.4, until it reaches 30 by the 25th year.

Features of calculations

Strange as it may seem, but the formula for calculating the length of service and points is such that with an 8-year experience to get 11.4 points, the average pensioner's salary should be 10.5 thousand rubles, which, recall, is much higher than the "minimum salary" , which from July 1 will reach 7.8 thousand rubles. All this only means that citizens whose average salary at the time of retirement is below 10.5 thousand rubles with an official work experience of 8 years will not be able to claim an old-age pension according to today's standards. Those whose salary is equal to the “minimum wage” will only be able to accumulate 1.03 points per year. It turns out that upon receiving an average salary of 7.8 thousand rubles, a pensioner will have to work not for 8, but for 11 years - otherwise the minimum standard for points will not be met, and there will be no rights to a pension. If the situation does not change, then by the 25th year, when the number of required points reaches 30, you will have to work for at least 30 years.

When Gazeta.ru journalists sent a corresponding request to the FIU in an attempt to find out the reasons for such gaps, officials called such calculations incorrect, since the standards change every year and in the future they will definitely be different. At the same time, the department reported that the formula for calculating pension rights does not allow for the possibility that officially working Russians, for some reason, could not get the coefficients for assigning pension payments - the average length of service when Russians retire is 35 years, so earn the necessary points even with minimum wage. The shortfall, they say, is possible only if the pensioner worked in the shadow labor market, and it is in this that one should look for the cause of any problems with the pension.

Although, according to the same Olga Golodets, the number of Russians living on the minimum wage is at least 5 million people, most of whom are employees of budgetary structures. State statisticians claim that every tenth working Russian receives a salary below 10.6 thousand rubles. In addition to them, small individual entrepreneurs, whose turnover is less than 300 thousand - the tax established for them allows them to accumulate only 1 point per year, suffer from a "shortage" of coefficients for seniority.

State deception

The very existence of a point system for accruing pension payments is aimed at generating social stress, according to parliamentarian Oleg Shein, whose words are quoted by Rosbalt. Its danger, according to the deputy, is in the inconsistency with the structure of the labor market, which is estimated at 78 million people, although insurance contributions are made only for 45-50 million people. It turns out that for 30 million Russians, whether they are “in the shadows” or simply unemployed, no one makes deductions, and one fine moment, when they reach retirement age, instead of a pension, they will see a meager social benefit, which will lead to a sharp aggravation of the social situation in the country. The existing point system simply discriminates against a huge number of Russians - those who do not have enough experience or a coefficient are simply punished for the sins of their employers, who refused to register them or officially paid them an indecently low salary. It is obvious that workers do not choose shadow employment of their own free will.

In addition to them, we must not forget about the millions of inhabitants of the provinces, villages and other hinterlands, where, due to the lack of work, subsistence farming is the main source of income. It is impossible to legalize such income, therefore, it is also not worth counting on an insurance pension, and a “social” pension guaranteed by the state cannot provide an adequate standard of living. But even those who work officially cannot hope for a decent old age: even having accumulated the required number of points, it is impossible to calculate the size of the proposed pension, because the value of the accumulated coefficients changes every year, and there is no transparent mechanism for determining it by officials. All this makes the pension system a fertile tool for manipulating the "old man's money": if there is no money, we will save on pensions.

The point system was presented to the public as an effective tool for another attempt to legalize the "gray" income of citizens, but in fact, it works not for legalization, but for saving pension money. Today's hundreds of pensioners without an insurance pension will turn into thousands tomorrow - after the 90s, shadow employment only continues to grow, and in the current situation one should not expect a different outcome. The maximum that PFR officials are capable of today is to conduct explanatory work with the population, loudly reminding them that the size of their pension will depend on the color of their salary, bashfully omitting the moment that the difference between these “sizes” will be a miserable 3-4 thousand rubles . Although, no one is saying how to deal with negligent employers who continue to use envelope schemes. Like, they are to blame.

Recently, cases have become more frequent when a person lives up to retirement age (women - up to 55 years old, men - up to 60), goes to the FIU for a pension, but is refused. “Didn’t work,” they tell him.

In 2016, there were 396 such failed pensioners in the Saratov region, 470 in the Irkutsk region, 97 in the Vladimir region, and 44 in Mari El.

“There have always been, are and will be refusals to assign pensions,” she commented on the situation on local TV. Lyudmila Filippova, Deputy Head of the Pension Fund for the Republic of Mari El.“But if in previous years the refusals were mainly for the appointment of preferential early pensions, then in 2016 another reason appeared. 44 people in the republic were rejected due to a lack of experience or the number of accumulated pension points.”

New rules: experience and points

New pension rules were introduced on January 1, 2015. If earlier, in order to be assigned an old-age insurance pension (at 55 for a woman and at 60 for a man), you had to have only 5 years of service, now the requirements have become tougher. It is necessary to comply (in addition to age) 2 conditions:

1. Have insurance experience (that is, the period of work for which the employer deducted contributions to the Pension Fund for you) for at least 15 years. However, this rule is introduced gradually. In 2017, to receive an insurance pension, you need to work 8 years, in 2018 - 9, in 2019 - 10, and so on. But starting from 2025, it will be necessary to have at least 15 years of experience!

2. Earn at least 30 Retirement Points. This rule is also introduced in stages. In 2017, you need to accumulate at least 11.4 points, in 2018 - 13.8, in 2019 - 16.2, etc. Starting from 2025, in order to receive an insurance pension, you will no longer need to have less than 30 points!

Is it a lot or a little? Is it easy to earn those 30 points? And why were hundreds of people in every region unable to save up for their pensions, left in old age without a livelihood?

How to understand what to expect?

The maximum amount for which you will be awarded the most points in 2017 is 60,300 rubles. per month. If you can boast of such an income (and official!), Then you can earn 8.26 points in 2017 (from 2021 the maximum will be 10 points). With such high earnings, the 30 required points can be earned in just 3-4 years.

If your salary (or official income) is 2 times more modest, that is, approximately 30 thousand rubles, then the points will be accumulated per year 2 times less: 4. And then it will take 7-8 years to collect the required 30 points .

If your salary is at the minimum wage level, that is, only 7.5 thousand rubles, you can accumulate only 1.03 points per year. It turns out that in order to receive an insurance pension, a person with a minimum wage must work for 30 years!

To find out how many points you can earn this year, use the formula:

your salary (i.e. all officially taxed income) x 8.26 / 60300 = points earned this year

When information began to appear in the media about how many people in a particular region did not receive an insurance pension, the Pension Fund made an official statement: “Insurance contributions that are paid to the Pension Fund and converted into points are accrued only from the “white” salary. Therefore, the described problem - the lack of points - can only affect those workers who receive a "gray" salary. The reasons for such situations should be sought not in the point system, but in shadow employment.”

First of all, people who officially receive the minimum wage (minimum wage) were under attack. For some, this is their entire income, while for others they receive part of their earnings in an envelope, but contributions to the Pension Fund do not go from this “black” income, and it is not taken into account for pensions. There are 5 million such workers on the minimum wage in the country today! To earn an insurance pension, they will have to work hard for more than 30 years.

The situation is even worse for those who have no official income at all. “If a person has been “in the shade” all his life, then he really has a risk of being left without an insurance pension. An insurance pension is a compensation for lost earnings. A person works, the employer pays contributions for him ... And if there were no earnings and contributions, then what should be compensated and at what expense? - speaks Vladimir Nazarov, Deputy Director of the Institute for Social Analysis and Forecasting, RANEPA.

It turns out that housewives, those who do not work or work illegally, that is, receive their entire salary in an envelope or work for themselves and do not pay any contributions to the Pension Fund, may be left without an insurance pension. By the way, such illegal immigrants were recently counted: they turned out to be 15 million people. Some of them managed to earn their pension earlier, some will still have time (if they urgently find a job with “white” earnings), but some of these 15 million can really live to be 55 or 60 years old and remain without a pension. And the first victims, as you know, are already there. Of course, there is a chance to earn the missing points. But for many, this, alas, is unrealistic: there is no official job, a private employer pays a penny, etc. So the problems of mass shadow employment in the country really cost people sideways. For those who have not earned an insurance pension, only the social one “shines”, which experts call nothing more than a “poverty benefit”. They give a “social program” 5 years later than the insurance one: for women at 60, for men at 65. And its size is much smaller. This year, the average social pension is only 8774 rubles.

Russians denied pensions January 20th, 2018

According to approximate data, 30 million people may be left without money.

The Pension Fund of Russia refuses to assign an insurance pension to people due to the fact that they did not have enough insurance experience and pension points, Russian Minister of Labor and Social Protection Maxim Topilin said.

Which of the Russians can be in the "risk group"?

It is impossible to calculate the exact number of self-employed in Russia. For example, according to RANEPA estimates, 33 million Russians are involved in the shadow sector of the economy, which is 44.8 percent of the total working population of the country. According to the Federal Compulsory Medical Insurance Fund (FFOMS), there are about 15 million self-employed citizens in Russia - they do not pay insurance premiums and do not have an official place of work, they earn money by providing various services: tutoring, household help, construction, consultations, etc. .d. At the same time, they have the right to use medical services within the CHI system on an equal basis with other citizens.

"Already in 2017, there were cases when the Pension Fund was forced to refuse people in assigning an old-age insurance pension due to the fact that they did not have enough insurance experience and pension points. Such people are assigned a social pension. And if its size is below the subsistence level, then they will be given an additional payment and "will last" their pension," Topilin admitted in an interview with Rossiyskaya Gazeta the day before.

Expert: the situation with pensions in Russia has been brought to the point of absurdity

The size of the insurance pension depends on the length of service, the size of the "white" salary - it is from it that the employer deducts contributions to the Pension Fund. The more work experience and the higher the salary, the more points a citizen will earn in the pension system, and, accordingly, the higher his pension will be. At the same time, each point has its own "value" in rubles - the points received by citizens are multiplied by this "value", which in 2018 is 81.49 rubles.

The press service of the PFR confirmed that there were indeed cases of refusal to pay insurance pensions. However, the department has previously reported such cases: for example, in 2016, almost 400 residents of Saratov did not have enough experience or the number of pension points to accrue an old-age pension.

As explained in the Pension Fund, in order to receive an old-age pension, three conditions must be met: a minimum insurance period, age for women is 55 years, for men - 60 years, and a certain amount of pension points (coefficients).

The number of points depends on the accrued and paid insurance contributions to the mandatory pension insurance system and the length of service.

According to the FIU, the average old-age insurance pension today is 14,075 rubles ($247), while the social pension is 9,045 rubles ($159).

Last year, in order to receive an insurance pension, it was necessary to have eight years of work experience and 11.4 pension points. As expected, by 2022, this will require at least 15 years of service and 30 pension points.

According to Russian law, an insurance pension is paid to a citizen to compensate for the income that he received during his working life.

In addition, it can be appointed on disability and provided to disabled family members in the event of the death of the breadwinner.

The social pension is assigned five years later than the insurance pension: women can receive it from the age of 60, and men from the age of 65.

Requirements for documents that prove the length of service of an employee continue to tighten. Experts explain this by the fact that in Russia since the 1990s, tendencies to pay "gray" wages to workers have persisted.

"This is due to the transition to a market economy, when economic entities either appear or disappear, while they do not pay contributions for employees, and, accordingly, they do not receive any certified work experience," the Kommersant newspaper quotes Andrey Gudkov, Doctor of Economics .

Thus, in the first place, workers with minimum wages and representatives of creative professions - artists, freelancers, as well as personnel involved in short-term projects and start-ups - are at risk of being left without an old-age pension.

According to Sergei Smirnov, Doctor of Economic Sciences, the point system has become another attempt by the state to legalize the income of the population, but at the same time, the authorities leave employers to choose the points system themselves, and employees often cannot influence this in any way.

As a result, some citizens may not know until the last that they have not earned enough points to accrue an insurance pension, Smirnov said in an interview with Gazeta.ru.

Today, however, many Russians are concerned not so much with points for a future pension, but with the proposed increase in the retirement age.

Although the authorities have not yet announced any decisions on this issue, many experts believe that the retirement age will be increased in the coming years. Among the main reasons are the growing budget deficit and the demographic hole of the 1990s, which can lead to a sharp increase in the number of pensioners with a decrease in the number of employees.

The head of the FIU, Anton Drozdov, noted that the demographic factor plays a particularly important role in making a decision.

He also noted that there are not so many jobs on the Russian labor market that women over 55 and men over 60 can apply for.

The Pension Fund does not conduct special calculations of citizens who are at risk of being left without an insurance pension in the near future. “PFR assigns 1.8-1.9 million old-age insurance pensions every year. From this amount, the refusal due to a shortage of pension points or length of service is about 1.2 percent, ”the fund said. At the same time, the share of citizens who were refused due to a lack of points is only 0.4 percent, that is, 8.3 thousand people throughout Russia. The fund does not expect a potential increase in the number of citizens who will be denied an insurance pension.

Now the average old-age insurance pension is 14,075 rubles, for non-working pensioners - 14,329 rubles. The social pension is much less - 9,045 rubles. In order to receive an insurance pension in 2017, it was necessary to have at least eight years of work (insurance) service and 11.4 pension points; from 2018, nine years of service and 13.8 pension points are required. The increase in requirements will last until 2024, when at least 15 years of work experience and 30 pension points are required to receive an insurance pension. The Pension Fund reminds that in order to receive an insurance pension in the future, it is worth working only where the employee is formally registered, he is paid a “white” salary, and the employer makes contributions to his future pension.

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