In what cases can I take my husband's pension. How to transition to a deceased spouse's pension. Is the pension retained upon entering into a new marriage?

The death of a loved one is always a tragedy. And if she touched her husband, who actually supported his wife on his retirement income, then this is a financial collapse. In recent years, a lot has been said about the possibility for a wife to receive her husband's pension after his death. How to arrange such a procedure and whether it is really possible to receive the appropriate charges for a husband, we will consider these issues in more detail.

Can a wife receive her husband's pension after his death instead of her own?

Going to the husband's pension after his death is the right of the wife, which she receives as part of the official inheritance. However, this procedure is not as simple and transparent as it might seem.

How to go to the pension of the husband of a military man after his death?

The husband, who was a military man, in addition to increased pension payments, also had a lot of benefits due to his service. After his death, his wife can claim part of his income. The amount of payments for the loss of the breadwinner of a former soldier is approximately 40% of the accrued pension benefit deceased. In addition, the wife retains the benefits that were given to her husband.
These benefits include:

Wellness treatment in sanatoriums;
Half payment for utility services;
Service in departmental medical institutions;
Free travel on some modes of transport.

Retirement income should be received at the place of registration. To do this, you should contact the military registration and enlistment office with a written request.

Payment of pension after the death of a pensioner

The size of the pension after the death of a pensioner is on average 30% of the amount of funds accrued to the deceased citizen. Pension payments accrued due to age or disability are taken into account. The coefficients used in the calculation are quite complex; it is often not possible to calculate the amount of money paid out on your own. Therefore, before making a final decision, it is better to come to the Pension Fund in order to make preliminary calculations.

Application for a husband's pension after his death - sample

To draw up an application, you can use the prepared form, or write it completely yourself. There is no established form for writing it, but there is a number of information that must be indicated in the document without fail.
Such information includes:

Personal data of the widow of the pensioner and her address of residence;
Information about the deceased husband and the date of his death;
Listing of dependents in the care of the deceased;
Data on the pension received by the widow and additional benefits available;
Indication of the documents attached to the application.

The application is written at the place of demand. For the deceased serviceman to the military registration and enlistment office, and for the rest to the Pension Fund. The widow of pensioners, or her authorized representative, has the right to submit documents and an application personally.

Legislation provides the right of some citizens, if necessary, to obtain pension provision deceased relative. In most cases, this applies to spouses. To exercise this right, it is recommended to draw up a written appeal and submit documents to the appropriate authority.

Loss of the husband with whom they lived best years life, the most exciting memories are connected - this is not only the bitterness of loss, but also often huge financial problems that lie in wait for his spouse in the future.

After all, often the pension of men is greater than that of women. Therefore, it is not surprising that so often people ask themselves the question: “Is it possible after the death of a husband to receive his pension instead of his own, and if so, what is needed for this?”

Let's answer this question in detail so that no more questions on this topic arise.

Before taking out her husband's pension for herself, a woman must weigh the pros and cons. She must know that no one will pay her the entire pension of her husband.

The legislation provides for only a percentage payment: no more than 30-40% of the spouse's pension income.

She cannot receive both pensions - both hers and her ex-spouse's.

But if her husband's pension was significantly larger than her own, then she can apply for a survivor's pension.

At the same time, a woman must renounce her own pension.

According to paragraph 1 of Art. 4 Law No. 173 Citizens Russian Federation are entitled to only one pension of their choice.

The law does not provide for a specific figure, because the size of the pension is different for each person.

But the amount of benefits in case of loss of a breadwinner depends on such factors:

You can go to the husband's pension after his death only if the wife is not working at the time of death, that is, she herself is retired or has a disability.

A woman can switch from one type of pension to another an unlimited number of times, if there are grounds for that.

Can I transfer my husband's pension after his death? Yes, it is possible, but only if the woman herself takes the initiative - she will apply to the Pension Fund at the place of residence with a corresponding application.

To take the husband's pension, you must apply to the Pension Fund within 6 months after the death of the husband. If the woman catches on later, then the issue of reviewing the pension in court will have to be considered.

The widow must provide the Pension Fund at the place of registration with the following documents (originals and copies):

It is impossible to count on the fact that after the death of her husband a woman will be paid 100% of the amount of his pension.

The husband's pension, which is also for the loss of a breadwinner, is not even half of the pension. Its size is calculated based on the length of service of the spouse, as well as his earnings.

The survivor's pension consists of 2 parts:

If the deceased had a high salary and a decent length of insurance work, then, often, his pension is higher than that of a widow.

The question of the advisability of recalculating a pension, determining the amount of the pension of a spouse who is no longer alive, is best asked specifically by an employee of the Pension Fund. He will correctly recalculate according to specific formulas.

The right to receive the funded part of the pension of the deceased spouse is his wife, but only if:

her husband participated in the funded pension insurance program during his lifetime;
at the time of death, the person was not assigned a labor pension, that is, he did not enter the retirement age.

It is not always possible for a wife to receive such a pension in full.

The fact is that if during his lifetime a man wrote a statement in which he indicated that the amount of savings in the event of his death would be distributed among brothers, children, sisters and even strangers, not relatives, then his wife would have to come to terms with this and get her share funded part of the pension.

If there is no such statement, then the spouse will be the first to receive money.

The funded part of the pension is paid once in the entire amount. At the legislative level, the funded pension of the husband after his death is considered as an inheritance.

In order to receive the funded pension of the deceased spouse, you must:

In order to apply for the funded pension of a husband who is no longer alive, the spouse must prepare and submit the following package of documents to the Pension Fund:

If at the time of the husband's death their marriage was dissolved, then she is not entitled to receive his funded part of the pension.

This right passes to the husband's relatives: children, parents, siblings, sisters.

For renewal military pension husband on herself, the widow must undergo a series of procedures:

Visit the Commissariat at the place of residence.
Get registered with the Commissariat to receive your husband's military pension. To do this, the widow needs to bring the following documents with her: her passport with a residence permit, the case of her late spouse, his military ID, prescription.
When she is registered, she needs to write an application for the appointment of a pension for her deceased spouse. The following documents must be attached along with the application:

marriage certificate;
husband's death certificate;
an extract indicating the reason for the exclusion of the spouse from the military personnel;
conclusion of a forensic expert;
a certificate stating that the spouse does not receive a survivor's pension;
tickets, certificates and other documents that give the right to receive benefits, subsidies.

Often, those men who were in the military had many benefits during their lifetime. After death, the wife of a serviceman, in addition to part of his pension, has the right to maintain the benefits of her husband.

It could be:

In order to receive the benefits of a deceased spouse, a woman must apply in writing to the military registration and enlistment office at the place of her registration.

How do I transition to my husband's pension after his death? To do this, you should apply with an application to the branch of the Pension Fund at the place of residence.

According to Art. 28 of Law No. 4468-1, ed. dated 12/20/2017 "On pensions for military personnel", a survivor's pension can be assigned to the wife in the event of:

A woman has the right to receive a military pension for the loss of a breadwinner in the event of:

if she was fully dependent on her husband;
is disabled (this fact must be documented);
if she is caring for children under the age of 14.

Despite the fact that in Russia it is forbidden to receive a double pension, there are still exceptions.

So, a double pension after the death of a husband can be received by wives:

military personnel who died from injuries while serving;
dead cosmonauts;
those who liquidated the environmental or man-made disaster at the Chernobyl nuclear power plant.

Such women can receive both a survivor's pension and an old-age pension.

Can a wife receive her deceased husband's pension instead of her own if she remarries?

If before the moment of a new marriage, a widow passes on a survivor's pension, then she will receive it even after she marries again.

If a woman first marries, and then decides to draw up a pension for her ex-deceased husband, then she will not be able to do this.

You can switch from your pension to the pension of your deceased husband, if his pension is higher, you can. In Russian law, this means receiving a survivor's pension. This can be done within six months.

If you submit documents later, then you also need to provide the Pension Fund with a court decision on resuming the review of the issue of recalculating the pension. Also, the spouse of the deceased has the right to receive the funded part of her husband's pension.

Therefore, if it is profitable to switch to a survivor's pension, then you should definitely take advantage of this opportunity.

Video: Is it possible to receive a pension of a deceased spouse

If you want to know how to solve your particular problem, please use the online consultant form on the right or call the numbers below. It's fast and free! back to content Transfer to husband's pension after his death You cannot simply take over your husband's pension after his death. If the spouse supported his household and relatives, helping them financially, if he can be called the breadwinner, then it is possible for the widow to apply for a completely different type of pension - for the loss of the breadwinner. It is clear that no one will leave the provision received by the wife for her experience and earnings, and two types of pension will not be paid. At the same time, a waiver of one’s own pension must be issued, and the type “for the loss of a breadwinner” must be selected (Articles 4, 9 of the Federal Law N 173 of December 17, 2001 “On labor pensions In Russian federation"). So, the popular notion of "going to your husband's pension" is inherently wrong.

We figure out whether in Russia a wife can receive her husband's pension after his death

How to receive a husband's pension to his wife after the death of her husband Introduction to the concept pension point forces all pensioners to apply annually to their FIU branches to recalculate their insurance pensions. In case of loss of the breadwinner and if you wish to apply for his pension, you will also need to visit the branch of the Pension Fund, writing a corresponding application there.

Can a wife receive her husband's pension after his death?

one of the parents, spouse or grandparents who lived with the pensioner, regardless of whether they were disabled at the time of death or not;
an adult brother or sister, provided that they were busy caring for younger brothers and sisters, naturally underage;
spouse or parents, but only on condition that they have reached retirement age in accordance with the law and again lived together with the deceased;
grandparents who are retired or disabled.

At the same time, Article 26 of Federal Law No. 400 states that all of the above persons can count on receiving a pension of the deceased only if two conditions are met, namely, disability established by law and upon confirmation of cohabitation on the day of death of a citizen.

Can a widow count on her deceased husband's pension?

The duration of the insurance period and the cause of death are not taken into account.

Cosmonauts or candidates for such, who died in the line of duty.

How to calculate the amount of the SEC insurance pension The insurance pension for the loss of a breadwinner is assigned not only to the spouse, but to all disabled members of his family. Its value is determined by the formula (part 3, article 15 of the Federal Law No. 400 of December 28, 2013): P = K × C, where P - the amount of the survivor's benefit; K - the individual pension coefficient of the deceased spouse; C - the price of one coefficient at the time the survivor's benefit is paid.

If the deceased husband received a pension or disability allowance Disabled family members of the deceased pensioner have the right to choose a method of accrual other than that specified in Part 3 of Art. 15 (part 6 of Art.

While Article 1183 of the Civil Code of the Russian Federation states that dependents may not live together with a deceased citizen, but the fact that the specified citizen is supported will need to be confirmed. The husband's pension goes to his wife and other family members The determination of the circle of family members is also controversial.
Based on the literal interpretation of Article 14 of the RF IC, close relatives, and therefore family members, are:

parents, children, spouses;
grandmothers, grandfathers;
brother or sister, as if having one common parent so and two;
adopted children who have become close relatives by law.

At the same time, Article 69 of the RF LC states that, in addition to the above mentioned persons, other citizens who are related by blood or who are dependent on the deceased may be recognized as family members.
Left without a husband, a woman begins to experience not only sadness, longing, loneliness, but also material difficulties. After all, as you know, living on one pension is not easy. Is it possible to transfer to my husband's pension after his death? How to do it? And what about benefits now? The content of the article:

Go to husband's pension after his death
How much will the widow be paid?
How to get a funded part?
Action algorithm
How is the payout amount calculated?
Do I need to give up my work pension to my wife?
Receive for a husband-military pensioner
Are the benefits of the spouse preserved for the wife?
If the widow remarries

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Receiving a pension after the death of a pensioner

Info

For example, a retired mother-in-law who is with her daughter-in-law in property and is not a blood relative, or the same wife's aunt who has a disability, can be recognized as a family member. But again, subject to cohabitation and confirmation of the fact of being fully or partially dependent, which is also stipulated in Article 1183 of the Civil Code of the Russian Federation and Article 26 of the Federal Law No. 400.

What can you get? In accordance with Article 22 of Federal Law No. 400, a pension is accrued from the date of submission of documents for the first time, but subsequently the settlement period is already a calendar month from the 1st to the 30th or 31st, regardless of the original date of submission of documents. That is, at the time of death of a pensioner, he will be credited with the amount of pension benefits for a full month, regardless of the date of death.
Accordingly, relatives can count on the agreed amount in full.

Is it possible to receive a pension of a deceased spouse?

The pension of the deceased husband passes to the wife in the following cases:

refusal of one's own pension, given that, in accordance with Article 5 of the Federal Law No. 400, only one pension can be received from the list of established payments determined by the Russian Federation;
presentation of documents confirming that the deceased pensioner is dependent, for example, the same certificate of a disabled person or medical documents confirming a serious injury or the development of a serious illness;
the presence of confirmation of an officially registered marriage, given that all rights and obligations between spouses arise after the registration of relations in state bodies.

Subject to the stipulated conditions, the spouse of the deceased in accordance with Article 10 of the Federal Law No. 400 can receive a pension, which, in accordance with the law, is interpreted as a payment for the loss of a breadwinner and is regulated by the norms of Article 10 of the Federal Law No. 400.
This money is placed on the account of the deceased in the state or non-state pension insurance fund, so it is considered a contribution. And any contribution, from the point of view of the law, is private property.

Attention

For detailed explanations about the funded part of the pension and what relatives of the deceased can do with it, read Article 38 No. 111-FZ of July 24, 2002. If a case arises in which the funded part of the pension is inherited, money most often:

transferred to the account of the wife of the deceased;
handed over to the wife of the deceased.

But remember that the amount of the payment is recalculated according to the rules of inheritance, so you may not receive the amount of money you expect.

Many nuances will be taken into account here, for example, whether the deceased spouse met several requirements from the law.
New pension legislation, which came into force on January 1 of this year, allows a woman to receive pension payments for her deceased spouse if she refuses her own pension. But there are many nuances here. One of them is related to the calculation of pensions for working pensioners.
Such payments are disproportionately smaller than those of persons who have retired for a well-deserved rest. Therefore, it is worthwhile to calculate in advance whether it makes sense to transfer to the husband’s pension after his death, while remaining working.

How to receive a husband's pension for his wife after the death of her husband The introduction of the concept of a pension point forces all pensioners to apply annually to their PFR branches to recalculate their insurance pensions. In case of loss of the breadwinner and if you wish to apply for his pension, you will also need to visit the branch of the Pension Fund, writing a corresponding application there.

Pension payments- good material support for the elderly. The death of her husband becomes not only a heavy emotional blow for the widow, but also a significant deterioration in her financial condition. Often the husband's pension is greater than that of the wife, especially if he worked in positions that involve increased payments. The question arises: can a wife receive her husband's pension and what needs to be done for this?

Can a wife receive a pension from a deceased husband?

If the pensioner was the actual breadwinner of the family and his pension income significantly exceeded his wife's pension, then a reasonable question arises: can the widow receive the pension of the deceased? According to the law, there is a possibility, because the pension is subject to inheritance. This is especially true for funded pensions.

It should be borne in mind that other dependents - disabled children or parents - also have the right to inherit pension payments, but the spouse retains the preemptive right, as the heir to the first stage.

Before making a decision, it is necessary to weigh the pros and cons, because the renewal of payments for a widow has a number of features. First of all, the widow must give up her own pension in order to switch to her husband's payments. Secondly, the spouse's payments do not go to her in full, she will receive only a part.

After assessing the risks, a woman should think about what is more profitable for her. If a pensioner was in the military or worked at a job with increased risk, for example, in the Ministry of Emergency Situations, his pension payments are significant. Then the re-registration option can be a real salvation for a woman left alone in her declining years.

How to get a pension for a pensioner husband after his death?

It is wrong to say that the wife reissues her husband's pension, although this is the accepted name for this process. Legally, the payments are called a survivor's pension or bereavement pension. The procedure involves a little paperwork, but it is not difficult to arrange such assistance. It is enough to collect the necessary package of documents and submit it to the appropriate authority.

Where to apply?

The death of a man with whom he has lived for many years strikes a blow. The wife may not be able to figure out where to turn to after the death of her husband and what to do about it. In the case of a pension, everything is simple. You need to contact the body that manages payments - the Pension Fund of the Russian Federation. If the funded part is in a private fund, then you should contact there.

List of required papers

To calculate payments for the loss of a breadwinner, the following package of documents is provided to the Pension Fund:

widow's identity card - passport;
husband's death certificate;
marriage certificate - proof of family ties;
evidence that the pensioner was the breadwinner - information about the disability of his wife, a certificate of the amount of her pension, which should be taken from the same Pension Fund;
statement.

As evidence of incapacity for work, a certificate of disability or other medical documents is provided. If we are talking about children, then they are considered dependents if they provide a birth certificate (before reaching the age of majority) or a certificate from the university about full-time studies. You also need to apply for:

The application is one of the most important documents. It must be filled with full responsibility. The application contains the following information:

information about the widow-pensioner;
information about her husband and date of death;
a list of all dependents in the care of the deceased;
list of attached documents.

In addition to the pension, the spouse inherits other benefits. She gets the possibility of preferential travel in transport, vouchers to sanatoriums and boarding houses, benefits for paying for housing and communal services (depending on what was provided to her husband).

How is the payout amount calculated?

The calculation of the amount of payments is made according to the formula P \u003d PC / M / N / + 1281, where:

P - pension for the loss of the breadwinner;
PC - the pension capital of the deceased at the time of his death;
M - 228 months (the estimated period that a person will receive a pension);
H is the number of disabled dependents;
1281 - basic payment to the spouse for the loss of a breadwinner.

If the pensioner-wife is the only heir, then she can get a good bonus. The more dependents in the care of a man, the lower the payments for each of them. If the husband was a military man or served in the Ministry of Emergency Situations, then the calculations will be completely different. It is almost impossible to calculate the amount on your own, so you should ask the Pension Fund employee to name the result and then make a decision whether to issue a pension for the loss of a breadwinner or not.

The timing of the pension

The funded part of the pension is included in the estate, and the heirs are supposed to claim it. Like other inheritances, pension savings are subject to a period of six months, when the heirs need to come into their own.

It is not worth delaying with this - as soon as six months pass, the widow will be forced to prove her rights in court and it will be quite difficult to receive a pension.

If you are guided by Article 1183 of the Civil Code of the Russian Federation, then you can apply for a survivor's pension only within 4 months from the date of opening the inheritance (that is, from the moment of death). This suggests that the heirs should not delay the deadlines, but resolve the issue as soon as possible.

How to get

Pension payments for the loss of a breadwinner are made monthly. There are two ways to get:

Through the bank. A widow can apply for a pension at the bank and pick it up on her own at the cash desk or transfer it to a bank card.
Through mail. Payment is received independently at the post office or arrange home delivery. If a person does not come to the post office within six months to collect a pension, then payments are suspended until the circumstances are clarified. A widow-pensioner can receive a pension herself or issue a power of attorney certified by a notary to a third party.

Wives often have a question: will payments continue after remarriage? After all elderly age does not mean the end of personal life. Yes, a new marriage does not affect the survivor's pension in any way. It is necessary to renew the pension before the widow remarries. If she applies while she is married, the Pension Fund will refuse her.

Some women expect to receive their husband's pension in full, but this is not the case. Maximum size cash payments, which will be assigned - is 40% of the husband's pension. Therefore, you need to think several times before giving up your pension and drawing up another one. On the positive side, the woman has the right to reconsider and get her pension back. These changes can be made multiple times.

The widow cannot go to her husband's pension after his death and the widow cannot receive it, since such an action is not provided for by the legislator. But there is an opportunity to receive compensation from the state - for the loss of a breadwinner. This compensation is one of 3 types of pension provision (there is also a pension for the disabled and old age) in the Russian Federation and is regulated by Federal Law No. 173 “On labor pensions of the Russian Federation” dated December 17, 2001.

Advantages and disadvantages of the transition

When the deceased supported his own relatives and it is possible to call him the breadwinner, the widow has a chance to get a pension for the loss of the breadwinner. At the same time, as part of the procedure, the widow is required to issue a waiver of her own pension and choose a pension for the loss of a breadwinner - in accordance with the provisions of Art. 4, art. 9 of the Federal Law No. 173 "On labor pensions" of December 17, 2001. It is possible to switch from one type of pension to another several times.

At the onset of retirement age, the spouse has the right to rely on some kind of security. She cannot receive her own pension plus support for the loss of a breadwinner, with the exception of the wives of military personnel or astronauts, as well as citizens affected by radiation, provided that a new marriage is not concluded. The concept of "transition to the husband's pension" is inherently incorrect, since the state allowance is assigned to the wife of the deceased, which is related to the husband's pension - due to the link to the amount of the pension provision of the deceased.

The main disadvantage of such a transition is that the pension accrued to the widow herself may exceed the amount of support for the loss of the breadwinner. For this reason, it is required that the PF inspector perform a preliminary calculation of the estimated amount of support, and the woman could make an informed decision, and not agree, out of ignorance, to receive a knowingly lower amount.

Are the size and benefits of the pension of the deceased husband preserved?

The amount of the pension for the loss of a breadwinner due to a work injury, general or occupational disease is 30% of the amount received by the deceased pensioner during his lifetime. In general, after the death of a spouse, the wife does not inherit his benefits. But when making provision for the loss of a breadwinner for a widow, such circumstances and factors are of key importance.

Will the wife of the deceased be able to confirm the fact that the late spouse supported her.
Was the deceased a serviceman, Ministry of Emergency Situations, a liquidator of the consequences of the Chernobyl accident, or a person belonging to other "special" categories.
How many dependents did the deceased have?

When the deceased was a soldier, took part in hostilities and the like, some of the benefits of the deceased husband are also provided to the widow. For example, a woman has the right to count on annual free sanatorium treatment, travel to the place thereof, a 50% discount on housing and communal services, attachment to a departmental clinic and reduced tickets for public transport. All this is left to the widow.

All benefits that are assigned directly to a woman are retained even “upon the transition to the husband’s pension,” that is, in fact, upon receipt of compensation for the loss of a breadwinner.

When the transition is possible

A widow has the right to apply for survivor support at any time from the date of her husband's death. All issues related to the transition are dealt with by the Pension Fund according to the place of residence of the spouse of the deceased. The key issue in the clearance process is proving that the husband actually acted as the breadwinner.

To switch to such security, you will need to collect documents confirming this. The process of reissuing the funded part is based on the procedure established by Resolution No. 7111 of the Government of Russia dated July 30, 2014. After the death of the husband, the funded account in the Pension Fund is inviolable.

Rules and terms of renewal

The pension fund receives information about the death of citizens and is obliged to send a notification to the relative of the deceased about the existence of the funded part. When registering an inheritance, the widow has the right to receive funds from such an account. But it is better to contact the PF personally, since the notification may not be received for one reason or another.

To do this, a woman must meet a number of conditions.

Subject to all of the above conditions, a woman is required to submit an application to the Pension Fund, where the funded part of her husband's account is located. In addition to the application, a certificate of the death of the spouse, a waiver of personally earned pension provision, a passport and documentary evidence that the husband's pension was significant for family budget. After providing officials with everything required, one should expect a response from the PF. After the so-called re-registration of the husband's pension for herself, payments will be made to a bank account or to her hands - depending on the preferences of the widow.

When the deadlines expire, they can be extended through the court, providing the judge with good reasons that prevented the timely resolution of the issue being described.