Survivor's pension for the wife of the deceased: how to apply? The size of the pension. Survivor's pension to the wife - conditions for the appointment of social or insurance Survivor's pension to the common-law wife of the deceased

So, today we will be interested in the survivor's pension to the wife of the deceased. People are not eternal. And often husbands die, leaving their wives without a livelihood. The state of the Russian Federation provides assistance to spouses in a similar situation. But how to draw up correctly What you need to know about these payments? What should you pay attention to first of all? All the features of pensions for the loss of the sole breadwinner should be known in advance. After all, not only wives are entitled to this payment.

Applicants

So, who is able to receive our current type of support? The thing is that many categories of citizens are entitled to these payments. Among the applicants for survivors' pensions are:

children;
husbands;
parents;
military wives;
other persons dependent on the deceased.

You can see that the list is quite extensive. In practice, most often a survivor's pension is paid to the wife of the deceased, as well as to children. To be honest, there are several types of our current support in Russia.

Types of survivors' pensions

As already mentioned, the survivor's pension can be different. Depending on its type, this or that amount of money will be directly paid by the state. In Russia, pensions are allocated:

social;
state;
insurance.

True, it is worth noting that not all categories of persons are entitled to certain types of state support upon the death of the sole breadwinner in the family. Before you draw up documents for the relevant payments, you need to find out in which cases the wife is entitled to them.

insurance pension

An insurance pension is a payment from the state, which is due to all the disabled of the deceased. The most common scenario. Wives are fully entitled to this financial assistance. But only if they are recognized as disabled. It does not matter for what reason the loss of the possibility of self-sufficiency occurred.

If the wife is already recognized as disabled by age, she is assigned an insurance pension for the loss of a breadwinner. Options are also being considered in which this payment is due to people with disabilities. Important: a citizen must be dependent. True, there are some exceptions.

Exceptions for insurance pension

The survivor's pension is due to the wife of the deceased not only when the person is unable to work. Spouses are entitled to insurance payments under certain circumstances, regardless of whether they were dependent or not.

Modern Russian legislation indicates that spouses who care for minor children, brothers and sisters of the deceased apply for this material support. These rules are specified in the Federal Law No. 400 "On Insurance Pensions".

At the same time, it is important to remember that this kind of support from the state is provided only until the minor who is being cared for reaches the age of 14. After the insurance pension for the loss of the breadwinner, the wife will not be paid.

Government payments

The next scenario is not so rare. We are talking about state types of material support. As a rule, this kind of compensation is due to wives and dependent relatives if the deceased held some high-ranking position. To be more precise, then:

the pension for the loss of the breadwinner to the wife of a serviceman is paid precisely by the state;
payments are made to citizens who have become victims of man-made or radiation disasters;
wives of astronauts who died in the line of duty or in preparation for flights.

It is also worth noting that spouses whose breadwinner served during his lifetime in the bodies of the Ministry of Internal Affairs are entitled to these payments. This is not all the features of state pensions. Regardless of their ability to work, the wives of servicemen are entitled to material support if their husbands died as a result of conscription military service. But only when the widows did not remarry. In such circumstances, the right to payments is preserved until the woman reaches the age of 55 years. Or until the widow enters into a new marriage.

By the way, the survivor's pension is also due to the wife of a deceased serviceman when she takes care of the child, brother, sister of the deceased, if the listed family members are under 14 years old. It does not matter whether the woman is able to work or not.

Social support

The next type of pension for the loss of the sole breadwinner is social benefits. They are the least common in Russia. It is paid when the deceased has no insurance experience.

Also, a social pension for the loss of a breadwinner to the wife of a deceased policeman or any other working citizen is due if the woman was recognized as disabled. This rule applies to all disabled family members of the deceased.

Please note: state and insurance pensions are only granted when it comes to relatives (in our case, wives) who do not have a criminal record.

Preparation of documents

Are you interested in the survivor's pension for the wife of the deceased? The conditions for assigning the relevant payments are clear. Now you should pay attention to what documents a woman must bring in order for her to be assigned state support of one type or another. Paperwork is going to be serious. But, as practice shows, usually there are no problems with the collection of documents. Among the required papers are:

application for the appointment of a pension (indicating the type of payment);
applicant's identity card (passport);
documents confirming citizenship (in the case of a passport, additional papers are not needed);
husband's death certificate;
documents confirming the work experience of the deceased spouse (insurance pension);
certificates indicating the age of the deceased (it is better to bring his passport);
marriage certificate;
SNILS of the applicant;
details of the account to which the funds are to be transferred;
work book of the deceased;
power of attorney (if the wife does not apply to the relevant authorities herself).

This is a mandatory list that is required for processing our today's payments. True, in some cases, you will have to additionally present certain papers. They are attached to the application along with copies.

Military and Interior Ministry

A survivor's pension for the wife of the deceased (Ministry of Internal Affairs - the employee's place of work, the rules also apply to military personnel) with the above list is not assigned. After all, all this is not enough. Such widows must bring without fail:

spouse's military ID;
any certificates that are able to confirm the location of the deceased on duty (in the status of a police officer, an employee of the Ministry of Internal Affairs or a military man).
documents confirming and establishing the fact and cause of death;
conclusions with a causal relationship of death related directly due to injuries or incidents that the spouse suffered during the execution.
certificates that the widow has no new formal relationship.

Additional Help

The pension for the loss of a breadwinner to the wife of a deceased pensioner of the Ministry of Internal Affairs (and not only) will be granted a state pension. In addition to the previously listed documents, the widow must bring, depending on the specific situation, a certain list of certificates and extracts. This should include:

(her and her husband, if we are talking about pensioners);
certificates of being dependent on a disabled spouse;
any documents indicating the loss of the only source of income.

Missing

How is a survivor's pension issued to the wife of the deceased? The documents listed earlier should be collected, made copies and attached to the application for the appointment of state support. But these are all cases in which a citizen died, and the fact of his death was established.

It just happens that people disappear. Or they die either in the line of duty, but the bodies of the dead are never found. In this case, pension payments for wives and other dependents are not canceled. You just have to wait a bit and attach certain documents to the application for the appropriate payment.

What is it about? If the only breadwinner in the family is missing, then the wife should recognize her husband as either missing or dead in court. As soon as this is done, an appropriate judicial opinion is issued. The widow must present a copy of it and the original when applying for pension payments.

Where to go

The survivor's pension for the wife and children of the deceased, as well as other dependents, is accrued in certain bodies. Where should a person in need apply? Now there are several options for the development of events. Citizens with the above list of documents should contact:

The pension fund of the district in which the dependent lives.
Russian Pension Fund.

Where exactly to turn, there is not much difference. Nevertheless, it is customary to come to the FIU with an application and documents. This is where you will be paid the fastest. Also calling in is the fastest method of getting and

Calculation rules

These are not all the features you should be aware of. What is the size of the survivor's pension for the wife of the deceased? It is very difficult to give an exact amount. After all, much depends on the length of service of the deceased "getter". There is a special formula for calculating the due payments. It has the following form: S = K / (M * H) / KN + BR, where:

As you can see, self-imposed cash payments are difficult to calculate. Therefore, exact information should be obtained from the Pension Fund. A lot depends on where you live. The thing is that the size of the due payments cannot be less than the subsistence minimum in a particular area. This is another factor that causes difficulties in the calculations.

Calculations for insurance pension

A huge role in all payments is played by the so-called insurance pension. Therefore, it must be able to calculate. It is very difficult to do this on your own. Especially if you do not follow the latest legislative changes. What is the survivor's pension for the wife of a deceased military pensioner? The formula for calculating the required insurance payment is as follows: PS = PC * SC, where:

PS - the amount of insurance material support.
PC - pension coefficient of the breadwinner.
SC - the cost of one coefficient.

This monetary compensation is established for each disabled family member of a citizen. The main problem is the constant change in the cost of the work coefficients. You should find out information about this indicator in your city immediately before applying for state support. Otherwise, you can easily make mistakes in the calculations.

For military wives

The survivor's pension for the wife of a deceased serviceman requires special attention. The thing is that the amount of payments in this case will depend on the reason for which the widow's husband died.

If we are talking about cases in which there was a military injury, then monetary compensation will be 200% of the social payment. If death occurred due to an illness received during the performance of military obligations, then the wife is entitled to 150% of the money.

It is also worth noting that a certain allowance is due to the insurance pension for wives. It is in 2016 from February 1 only 2,279 rubles and 47 kopecks. This payment is due to each disabled family member of the deceased. It is assigned to all applicants for payments on the occasion of the death of the only "earner".

The amount of social pensions

The last point is what kind of social pension for the loss of a breadwinner is due to the wife of the deceased. It is expressed in a fixed amount and is charged monthly. This monetary compensation cannot be less than the subsistence minimum for pensioners.

In 2016, on average, the regions set a social benefit for the loss of a breadwinner in the range of 8,500-8,600 rubles. You should find out the exact information in your region at the time of accrual of funds. Now it is clear what kind of pension for the loss of a breadwinner is due to the wife of the deceased. How to make this payment? It's no longer a mystery either. You can bring the idea to life very quickly, just collect a certain list of documents.

Survivor's pension is perhaps the most controversial issue of social security. It is precisely because of this that widows, who have the right to a pension, in 50% of cases give up without starting to seek it, content with the fact that the pension has been assigned at least to their children. Indeed, it is quite difficult to understand the requirements of the law in matters of granting a survivor's pension, because they are regulated by three laws and the Constitution of the Russian Federation.

First of all, the right to receive a pension associated with the loss of a breadwinner is guaranteed by Articles 7 and 39 of the Constitution of the Russian Federation, which contain imperative instructions on the obligations of the state in terms of providing pensions to citizens in the event of the loss of a breadwinner.

Loss of a breadwinner as a legal state

The concept of “loss (loss, loss) of a breadwinner” refers to two legal states at once, which differ in their subjects. Firstly, this is the legal status of a citizen who had dependents to support, and secondly, the position of the dependents themselves, who have lost their only or main source of livelihood as a result of the loss of a breadwinner.

The legislator strictly regulates the legal status of subjects. Thus, a breadwinner qualified as lost may either be deceased or missing. In terms of the civil status of dependents, everything is much more complicated, and the very fact of being dependent is not always the basis for granting a pension.

Confirmation of the fact of loss of the breadwinner

The stage of confirmation of the loss of the breadwinner that has taken place is the first when initiating the procedure for issuing a pension. Legislation defines two types of legal status of the breadwinner, which is necessary for assigning a pension to dependents - this is the death or loss of the breadwinner from the place of permanent residence. The legislator established a sign of the complete absence of any news about the breadwinner as an obligatory condition.

Death of a breadwinner

The fact of death can only be confirmed by a death certificate issued by the registry office. The grounds for extradition can be two different title documents:

Certificate of death issued by a competent medical institution. Depending on the circumstances of the death, the certificate is issued either by the local doctor at the place of residence or by the center of forensic medical examinations that performed the autopsy.
The decision of the court on the recognition of the breadwinner as dead in accordance with Art. 45 of the Civil Code of the Russian Federation.

This article imperatively determines that it is possible to recognize a person as dead only in the event of his unknown absence for at least 5 years. There is only one exception to this rule, and it applies to those cases where the loss of a person took place in conditions that make it possible to conclude that he was dead. In such situations, the law provides for the possibility of declaring a missing person dead 6 months after his disappearance.

Important! This exception does not apply to cases of disappearance of people in the zone of military or close to military actions. For such circumstances, a two-year period of unknown absence is established, and its calculation begins only from the moment the military measures end.

The absence of a breadwinner

The absence of the breadwinner in the place of his permanent residence for more than 1 year, provided that there was no news about him during this period, can also serve as the basis for assigning a pension. The fact of an unknown absence can be established only in a judicial proceeding upon the application of an interested person. The recognition procedure is regulated by Art. 42 of the Civil Code of the Russian Federation.

Confirmation of the fact of dependency

The stage of proving dependency is equivalent and simultaneous with the stage of confirming the fact of the death of the breadwinner. At the same time, it is the most difficult of all stages, since it is from it that the division of legal relations begins on the basis of their regulation by various Laws of the Russian Federation.

The issues of assigning pensions for the loss of a breadwinner are regulated by the following legislative acts:

At the same time, the very concept of “Dependent” is additionally regulated by the Labor, Family and Civil Codes of the Russian Federation, and the interpretation of this concept sometimes has significant differences depending on the source. This explains the difficulties that arise when the wife of a deceased breadwinner tries to get a pension. Therefore, it is very important to understand the legal intricacies. This will provide an opportunity to resist the bureaucracy of social authorities and, ultimately, to achieve a pension.

The first thing to remember is that the legislation of the Russian Federation does not provide for any procedure for registering a dependent. A wife can be supported by her husband all her life, but at the same time her dependent status is not fixed anywhere. If necessary, the social security authorities can confirm dependency.

The ILO Convention, to which the Russian Federation has acceded, defines a dependent as a person who is permanently or for a long time supported by another person or people. This is contrary to the provisions of the legislation of the Russian Federation, however, the main principle of law is the dominance of international laws over domestic laws.

The Labor and Civil Code of the Russian Federation interpret a dependent as an exclusively disabled citizen who was fully supported by the breadwinner.

It is at this point that the conflict of law, the contradiction of legal acts to each other and to international laws, is most fully manifested. This will become most obvious when comparing different types of survivors' pensions.

Types of survivors' pensions

In accordance with the laws according to which pensions are assigned to wives for the loss of a breadwinner, the types of pensions themselves are divided into:

State.
Insurance.
Social.

This division is based on the sphere of activity and, ultimately, the very personality of the deceased breadwinner.

Yes, the right to insurance pension will be owned by a wife whose deceased spouse-breadwinner officially worked and was a payer of insurance social benefits. At the same time, Art. 10 of the Law "On Insurance Pensions" establishes the requirements for a spouse applying for a pension. A pension is awarded if:

As you can see, in this part the Law on Insurance Pensions contradicts the provisions of the Civil Code. Therefore, one should not allow a worker of social organs to manipulate concepts and confuse definitions, although such attempts will certainly be made. The above law does not require a contributory pension claiming spouse to have a mandatory disability status.

Right to state survivor's pension have women whose spouses had the right to a pension under the Law "On State Pension Provision". This category includes persons listed in Article 4 of the Law.

The requirements for applicants for the state pension will be the same as for applicants for the payment of insurance pensions.

The right to demand appointment survivor's social pension possessed by women whose spouses at the time of death did not even have a minimum length of service, that is, they never worked and did not pay contributions to the social insurance fund.

Restrictions in the appointment of pensions for the loss of the breadwinner

Restrictions on the appointment of state and insurance pensions for the loss of a breadwinner will take place in the following cases:

Under such circumstances, the spouses of the deceased breadwinners will only be able to claim a social pension.

Where to begin

First of all, the wife of the deceased breadwinner must apply to the pension fund at the place of permanent residence. Even if she does not have all the necessary documents in her hands, she will be able to get a list of acts needed to assign a pension. In addition, she will be able to understand in general terms what kind of obstacles she may have.

In general terms, the list of required documents will look like this:

Survivor's death certificate.
Certificate of marriage with the breadwinner.
Any evidence of the fact of being dependent. Since the law does not regulate the status of dependency, any certificate will do, up to the one issued by the Housing Office.
Evidence of incapacity for work (if any).
Certificate of social authorities on receipt of any type of benefit, if its size makes the pension for the loss of the breadwinner more profitable.
Documents that determine what type of pension the spouse of the deceased breadwinner claims. These may include: a certificate from the place of work of the breadwinner, a certificate of his insurance savings, and so on. It is for them that it will be established what kind of pension you can count on - social, insurance or state.

Video - How can I withdraw my pension savings?

Rules for calculating the amount of pensions for the loss of a breadwinner

No matter how qualified the consultation on the rules for calculating pensions is, it still cannot be completely reliable. The fact is that the issues of calculating pensions are very voluminous and are regulated not only by laws, but also by many by-laws, up to accounting instructions. In the most general version, the wife's survivor's pension will be calculated approximately in accordance with the table below:

Opportunity to challenge pension fund decisions

No matter how much the amount of pension payments was accrued, this will not be a sentence. In case of disagreement with the accrual procedure or the final amount of the payment, the decision of the social authorities can be appealed. Decisions of the pension fund that denied the grant of a pension, or if the pension fund unreasonably assigned the wrong type of pension to which the wife of the deceased breadwinner claimed, are equally subject to appeal.

The laws of the Russian Federation provide for the following opportunities to challenge the decisions of the Pension Fund and its officials:

Complaint to the head of the pension fund at the place of residence.
Complaint to the governing body of the higher instance of the pension fund.
Appeal to the court with a complaint against the actions of the State Pension Fund.

Important! For many disputes with state bodies, the law provides for a pre-trial procedure for consideration. That is, the statement of claim must be preceded by pre-trial appeals to other instances. Pre-trial procedures are not mandatory in matters of pension provision, and therefore you should not allow anyone to mislead you on this matter. A person who disagrees with the reasons why he was denied a pension, or with the amount of monthly savings, can apply to the court immediately.

Gaps in legislation

Lacunas in jurisprudence mean omissions made by the legislator, as a result of which a certain layer of civil law relations remains unregulated. According to the consequences, the call of the breadwinner to military service, his sentence to imprisonment or his serious illness are the conditions under which dependents lose their breadwinner. However, the law does not classify these conditions as conditions under which the appointment of social benefits is possible. And if children will have the opportunity to receive social assistance, then a dependent wife will not have such a right.

The payment of a survivor's pension is a measure of state support for families in a difficult situation. What documents are needed for the appointment, the terms of transfer and the amount of the allowance. What benefits are provided in case of loss of a kromilets

What documents are needed to calculate the survivor's pension, the terms of transfer and the amount of the benefit? Members of the family of a deceased person who provided for their relatives during their lifetime can exercise their right to receive state support. Applicants must be incapable of work.

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Applicants who have committed a criminal offense that caused the death of the recipient of the main income in the family are not entitled to a pension. In this case, the involvement of the guilty person must be proven in the prescribed manner in court. Let's take a closer look at how you can get a survivor's pension.

The pension for the loss of a breadwinner is included in the system of state payments. The procedure for its appointment is determined by the Administrative Regulations for the provision of the PFR with the state service for establishing labor pensions, as well as pensions for state pensions, which was approved by Order of the Ministry of Labor of the Russian Federation of March 28, 2014 No. 157-n (hereinafter referred to as the Administrative Regulations).

A survivor's pension is established on the basis of an application from a citizen entitled to receive it. He is entitled to apply personally or through a representative. When applying, they are provided with all the necessary documents. It is allowed to send them by mail, as well as in electronic format (clause 73 of the Administrative Regulations).

Extended list of persons entitled to claim a survivor's pension:

A survivor's pension may be awarded if the main earner is officially recognized as missing.

When does the right to a survivor's pension arise?

The concept of a breadwinner as a person who provides for his relatives and friends arises during his lifetime. Persons who are unable to earn are considered dependents. For this reason, their social position is leveled after the death of the head at the expense of public funds. The recognition of the children of the deceased does not require evidence by default, except in cases where such persons are recognized by a court decision as capable or they have reached the age of 18.

Survivor's benefit may be awarded to the spouse of the breadwinner and his disabled parents. To do this, you will need to prove the fact of the loss of the source of funds for living. The time of death (death) of the head is not taken into account. The practice of appointing state officials does not exclude the possibility of choosing assistance in the event of the right to pensions for various incidents.

It is worth noting that the wife of the spouse, who during his lifetime was engaged in providing for her, has the right to leave the allowance even after she remarries. The status of such a pension is insurance, its size at the time of appointment does not depend on the total length of service of the main earner in the family and on the cause of death.

The Process of Applying for a Survivor's Pension

In order for a survivor's pension to be issued, you must first submit the necessary package of documents. A citizen submits it to the territorial department of the Pension Fund of the Russian Federation, serving the place of his residence. Citizens of Russia who do not have registration at their place of residence apply to the territorial office of the Pension Fund of the Russian Federation operating at their place of residence. When the place of stay is also not registered, they apply to the PFR institution in the area of their actual residence.

If a survivor's pension is granted to a minor (incapacitated) person, then his parents (guardians, adoptive parents, custodians) are entitled to submit documents at their place of residence. If the parents (adoptive parents) of a minor live separately, the appeal is received at the place of residence of the parent (adoptive parent) with whom the child lives (clause 74 of the Administrative Regulations). Russian citizens living abroad permanently and not registered in the Russian Federation are entitled to apply directly to the main branch of the PFR. In order to determine the survivor's pension, the following package of documents must be submitted to the FIU:

statement;
passport of the applicant;
death certificate of the breadwinner;
documents (certificates, certificates, etc.) that confirm the fact of kinship with the already deceased breadwinner. If there are no such documents, then it is necessary.

Also, be prepared for the fact that in some cases there are situations when the PF requires you to provide additional information or confirmation. In practice, you may be asked to:

Various evidence of kinship with the deceased.
If the fact of death was not recorded, then a copy of the court decision on recognizing the person as missing is required.
An indication of certain circumstances under which the deceased was the only breadwinner.

It is also allowed to submit other documents confirming circumstances that can affect the establishment of pension payments (clauses 26, 34 of the Administrative Regulations).

Deadline set knowledge of a poor family

According to the rules, the survivor's pension is determined within 10 working days from the time the applicant applied. It can be approved immediately from this day, but not before the time of acquiring the right to receive.

From paragraph 3, part 5 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”, it follows that the loss of a breadwinner is determined earlier than the time of application, if it was received within a year from the date of death of the breadwinner. In such a case, payments are established from that day. When more than a year has passed, the pension is assigned a year ahead of the time of application.

The day of application, when the survivor's pension is established, is the date of receipt by the territorial office of the Pension Fund of the Russian Federation of the package of necessary documents indicated above. When sent by mail, the day of circulation will be the date indicated on the postmark when sending documents. When submitting them in electronic format - the date of registration of the appeal on the Unified Portal of State and Municipal Services (clause 73 of the Administrative Regulations).

When not all the necessary documents are submitted with the application, the applicant is entitled to additionally submit the missing ones. This will be clarified by the FIU. The applicant has a three-day period to submit the missing documents.

How to take over your husband's pension after his death

A survivor's social pension for a spouse who has become a widow may be granted subject to the conditions specified by the Law. These include the waiver of previously assigned retirement benefits. Simultaneous appointment of two types of state content cannot take place. In this case, the spouse of the deceased usually chooses to take over her husband's pension after his death. Often in practice, this allowance is greater.

Survivor benefits are assigned in the pension fund after the death of the owner of dependents. The current legislation does not provide for a specific amount of state assistance. The calculation in this case will be similar to the procedure used in inheritance cases. Actually, the pension will include two components:

The part is basic, unchanged;
Part of the insurance. It will be calculated depending on the total amount of savings that were created by the employer of the deceased during his lifetime.

The funded part of the pension of the deceased spouse is equal to the inheritance, which can be transferred to the wife. This will not be a pension for the deceased husband of a pensioner, but a one-time transfer to the account indicated in the application. The amount of such a transfer will be calculated based on the results of the consideration of the inheritance case.

Additional terms of appointment will be the following:

The date of birth of the deceased spouse is not earlier than 1967;
During his lifetime, the breadwinner transferred personal funds (maternity capital) to a savings account.

Is it necessary to refuse a wife's labor pension

The processes of accrual and payment of state benefits are controlled by the relevant authorities. Therefore, the survivor's pension for the wife of the deceased and the seniority allowance cannot be paid at the same time. The way out in such a situation is simple: it is necessary to choose a large state aid. To make a final decision, you need to contact the pension fund inspector and clarify what size of the survivor's pension can be assigned when processing the relevant documents.

If the benefit for the seniority of the applicant (the spouse of the deceased) turns out to be more than the expected pension for the loss of the breadwinner of a serviceman, the person has the right to choose the maximum content.

The current legislation enshrines the right of recipients of benefits to switch from one type of accrual to another. You can do this an unlimited number of times.

What bereavement benefits do relatives receive?

The main easing of the state burden on the financial situation of families left without their head is a pension. However, there are additional benefits that you need to know about and immediately apply for such payments:

Reduced (partially or completely) fare on public transport (within the city, district center);
If there are small children under 2 years old in the family where the breadwinner died, they are entitled to milk allowance. Until the age of three, children can be provided with medicines prescribed by doctors at the expense of the state;
Survivor benefits can be provided in the form of free tickets to cultural events. Alternatively, you can pass for free upon presentation of the relevant document;
Benefits for children receiving a survivor's pension may be provided in the form of two meals a day at school or the provision of educational and methodological literature.

Application for the appointment of this type of state assistance becomes possible in the following cases:

The amount of a pension for the loss of a serviceman who previously provided for his relatives directly depends on the amount of monetary allowance he received during his lifetime.

Among the calculated indicators are salaries for military rank and military position, for length of service. The promotions that are typical for military service in remote areas are not taken into account.

The procedure for paying state benefits

The survivor's pension, as well as other types of state security, are paid in full. The recipient is the person who applied within the time limits established by law and provided the necessary documents. In the event that several people apply for a pension, each of them is entitled to a share of the inheritance. The method of delivery of funds is chosen at the discretion of the applicant. Benefits are paid monthly.

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A man died, who left children 10 and 19 years old and a housewife wife. The family was left without a livelihood. How can our state help in this case? Where should you apply?

The survivor's pension (hereinafter referred to as the LSPK) is entitled to the children of the deceased (up to 18 years old or up to 23 years old if they study full-time) and his widow, if she does not work and is not listed at the Labor Exchange as unemployed. You need to apply for registration of this pension to the territorial body of the Pension Fund of Russia (hereinafter - TOPFR) at the place of residence of the recipients of the pension. If the husband was registered in another area, you will have to go there and get a certificate from the TOPFR that this pension was not assigned there.

To apply for a survivor's pension, a passport or residence permit with a mark of registration at the place of residence in the Russian Federation (for foreign citizens) must be submitted to the territorial body of the Pension Fund of the Russian Federation. In addition, the following must be submitted: an insurance certificate of state pension insurance; death certificate of the breadwinner; insurance certificate of the state pension insurance of the deceased breadwinner; work book of the deceased breadwinner; military ID of the deceased breadwinner; marriage certificate (if there is a change of surname); birth certificates of children confirming family relations with the deceased breadwinner; certificate of average monthly earnings for 60 consecutive months until 01/01/2002 of the deceased breadwinner in the absence of the fact of work for 2000-2001. or in the case when the size of the average monthly salary for 2000-2001. amounted to less than 2006 rubles; a certificate confirming that you are dependent; certificate of the period of full-time study at an educational institution for persons over the age of 18; work book, certificate of housing authorities and other documents containing information about the care of children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 14 years.

All persons who have been assigned a PSPK are issued a pension certificate.

In order to receive an additional payment from the local budget to the PSPK, you should contact the Department of Social Protection of the Population at the place of residence (hereinafter - USZN). In Moscow, in addition, the USZN will issue a Muscovite social card, which provides the right to free travel in public transport, discounts in some pharmacies, shops, etc.

The USZN can also apply for a monthly child benefit.

Who, besides the children and the widow of the deceased, is entitled to the PSPK?

Subparagraph 2 of paragraph 2 of Art. 9 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" provides for the right of disabled family members of the deceased breadwinner. These include: one of the parents or the spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as the brother, sister or child of the deceased breadwinner who has reached the age of 18 if they are busy caring for the children, brothers, sisters or grandchildren of the deceased the breadwinner who has not reached the age of 14 and is entitled to a labor pension in the event of the loss of a breadwinner, and do not work.

If the deceased did not work for several years before his death, will the PSPK be appointed?

Yes, if there are deductions to the Pension Fund of Russia in his work biography (even if it was a very long time ago).

Is a woman who, at the time of her husband's death, was in an unregistered marriage with him at the time of her husband's death, entitled to a PSPK?

Doesn't have.

Is a child of a widow who is not the natural child of the deceased entitled to the CPPK?

If the widow's child was adopted by the deceased, then his legal status is equal to the status of natural children both in relation to the PSPK and in respect of inheritance. If the child of the widow, although he was actually dependent on the deceased, but was not adopted by him, then he does not have the right to the PSPK, since, according to the Family Code, he must receive maintenance (alimony) from his own father.

Is a widow a single mother?

Legally, no. The status and the corresponding rights of a single mother are received only by unmarried women whose children have a full name in the birth certificate. father "according to the mother" (i.e. paternity has not been established). The legal status of a single mother can only be obtained by registering the birth of a child in the registry office, which is confirmed by a certificate.

Under insurance pensions children under 18 years of age (up to 23 years of age in full-time education) are implied monthly compensation payments for the work or performance of the duties of the deceased breadwinner until the appropriate pension provision is assigned to him. In its turn social pensions accrued in the form of social security. *

(* This is a complete analogy with paid both in the form social insurance, and in the form state social security. )

The conditions and procedure for providing these compensations are established in the articles of federal laws:

"About insurance pensions" dated December 28, 2013 No. 400-FZ;
"On State Pension Provision in the Russian Federation" dated December 15, 2001 No. 166-FZ;
on pension provision for military personnel and members of their families dated February 12, 1993 No. 4468-1.

The following categories of citizens can count on pensions:

insurance pension- children of workers (who had official work experience);
military pension- members of the families of military personnel;
social pension- children of disabled citizens who did not have insurance (labor) experience;
state pension- children of citizens affected by radiation and man-made disasters.

Read more about the types and amounts of pensions in Russia (including pensions for children) on the specialized portal pensiology.ru.

The representative of the child (parent, adoptive parent, guardian or custodian) has the right to apply for this type of pension provision at any time after the right arises but until the child is able to work.

Survivor's insurance pension

In the general case, the law provides for the appointment of insurance pensions to citizens who paid insurance premiums for compulsory pension insurance and dependent members of their families. In doing so, the pension authorities take into account the following circumstances:

when calculating a pension, the concept is used insurance experience- the period of performance by the breadwinner of certain works, for which deductions were made to the Pension Fund (Pension Fund);
length of service, the amount of contributions paid in the PF, temporary refusal to receive an insurance pension (optional) affect individual pension coefficient(an indicator reflecting the pension rights of accrual recipients);
other concepts relating to the provision of pensions for children and other dependents in case of loss of a breadwinner are reflected in Art. 3 of Federal Law No. 400-FZ;
minor children who already received a pension (for example, a social disability pension), for whom the income of the breadwinner was the main means of subsistence, are given the right to switch to his insurance pension payments.

On call - state pension provision

Conclusion

The state guarantees financial support by normative acts the least protected members of society after the loss of their breadwinner. You can count on the insurance pension children of workers, employees and military personnel who died in the line of duty, as a result of an unforeseen situation or after being injured at work.

The size of children's pension payments will depend on the parental insurance experience, the child's ability to work and age, the conditions of the death of the breadwinner, and other indicators. If a child is not entitled to an insurance pension due to the death of a father or mother, he will be credited with a social pension.