Will the survivor's pension increase? Insurance and social pensions for a child in case of loss of a breadwinner. Who is entitled to this and in what cases?

Under insurance pensions Children under 18 years of age (up to 23 years of age in full-time education) are entitled to monthly compensation payments for the work or performance of official duties of the deceased breadwinner until he is assigned an appropriate pension. In its turn social pensions accrued in social security format. *

(* There is a complete analogy with this, 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 pension provision:

• insurance pension- children of workers (who had official work experience);
• military pension- family members of military personnel;
• social pension- children of disabled citizens who did not have insurance (work) 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 assigned to children) on the specialized portal pensionology.ru.

The child’s representative (parent, adoptive parent, guardian or trustee) has the right to apply for registration of this type of pension provision at any time after the relevant right arises, but until the child becomes able to work.

Survivor's insurance pension

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

• When calculating pensions, the concept is used insurance period- the period of performance of certain work by the breadwinner, for which contributions were made to the Pension Fund (PF);
• length of service, the amount of contributions paid to the Pension Fund, 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 pension provision for children and other dependents in the event of the 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.

Upon conscription - state pension provision

Conclusion

The state, by regulations, guarantees financial security the least protected members of society after the loss of their breadwinner. You can count on an insurance pension children of workers, employees and military personnel who died while performing their duties, as a result of an unforeseen situation or after being injured at work.

The size of children's pension payments will depend on the parent's insurance record, 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 his father or mother, he will receive a social pension.

The death of a loved one is always a great loss. But if the deceased was the breadwinner, his family will experience not only moral, but also material suffering. The state undertakes obligations to provide material support to citizens who have lost their breadwinner. The size of social benefits depends on many factors. And in 2018, the formula for calculating the survivor’s pension changed significantly. Let's take a closer look at this issue.

The size of the survivor's pension will be increased in 2018. Now the exact amount of payments will directly depend on the region of residence - its amount must be no less than the established subsistence level. In cases where the pension “does not reach” the subsistence level, additional benefits and payments will be issued.

At the same time, if compared with previous years, in 2018 there will be a very slight increase - only 4-4.5%. If not for the financial crisis, which dealt a serious blow to the Russian economy, the planned increase would have been at least 6%.

The largest payments await widows and children of military personnel or employees of the Ministry of Internal Affairs. About 7,500 rubles if death occurred due to illness. If we are talking about death as a result of an injury received in the service, then the amount of social benefits increases to 11,100 rubles.

In order for the relatives of the deceased to receive a survivor's pension, they need to collect a package of necessary documents and contact the regional office of the Pension Fund. The accrual of payments begins from the day on which all documents were submitted. To find out the exact amount of the survivor's pension due in a particular case, you need to contact the Pension Fund or social service for information.

There are three types of such pensions:

• insurance;
• state;
• social.

Until January 1, 2015, an insurance pension was understood as an old-age labor pension, a type of which was a survivor’s pension.

With the introduction of the new law “On Insurance Pensions”, a new formula for calculating payments appeared.

Family members left without means of subsistence are paid a certain pension depending on who the breadwinner was during his lifetime:

• if you worked at least one day for which taxes were paid to the Pension Fund of Russia (PFR), then the family will receive insurance pension;
• if he was a military man, an astronaut, or a victim of radiation or man-made disasters, then he is charged state pension;
• if the breadwinner did not work a single day or his death occurred due to the actions of his family members, then social pension.

Each type of benefit has its own size, conditions of assignment and a separate circle of recipients.

To apply for any type of pension, you need to confirm that the breadwinner is absent or died by providing one of the documents:

• death certificate;
• court decision to declare him missing.

• social.

News and latest changes in 2017

On July 5, 2017, the State Duma adopted amendments to the draft law on pensions in the second reading. The law will introduce a new type of social pension for children whose both parents are unknown. The amount of payment for foundling children is 10,068.53 rubles.

The law will come into force on January 1, 2018. The pension will be accrued from the date of registration of the birth certificate.

Until what age is it paid?

The pension is paid:

• child, sister, brother and grandson of the deceased breadwinner up to 18 years old;
• child, sister, brother and grandson of the breadwinner up to 23 years old
• for life, if the pension recipient is assigned the “disabled person” category, which he received before the age of 18;
• until the brother, sister, child or grandchild of the breadwinner, whom the pension recipients are caring for, reaches the age of 14 years;
• spouses, parents, grandparents (from 55 years old - for women, from 60 years old - for men, with some exceptions when the pension is assigned 5 years earlier) for life.

Conditions for stopping payments

The pension will stop being paid if:

• the child, sister, brother and grandson of the breadwinner will turn 18 years or 23 years old, if they are full-time students at an educational institution;
• pension recipient won't renew“disabled” status obtained before the age of 18;
• brother, sister, child or grandchild of the breadwinner, who is being cared for by pension recipients, turns 14 years old;
• widow military, who served under contract and died due to a military injury, will get married;
• pension recipients will get settled officially back to work. The exception is relatives of military personnel who served as conscripts as soldiers, sailors, sergeants and foremen. Such relatives are allowed to work and receive a pension at the same time.

Survivor's pension in 2017: size and latest changes

Insurance pension

The insurance pension is assigned to the relatives of the breadwinner if they were dependent on him and are disabled, because:

• have a disability;
• have not reached 18 years of age;
• are full-time students but have not reached 23 years of age;
• are caring for a child, sister, brother, or grandson of a deceased breadwinner who is under 14 years of age;
• reached the age of: women - 55 years, men - 60 years.

The presence of dependent relatives caring for the child, sister, brother, or grandson of the deceased breadwinner, who are under 14 years of age, is an optional condition for receiving a pension.

The fact of dependency for minor children of the breadwinner does not need to be confirmed. All other relatives must provide a certificate that they were dependent on the deceased breadwinner, or prove the fact of dependence in court.

As soon as the breadwinner has passed away, apply for a pension; it will begin to be paid from the day the application is submitted.

If you wrote an application for retirement after death:

• less than 12 months, then the pension will be paid for the previous months;
• more than 12 months, benefits will be paid only for the previous 12 months, regardless of how much time has passed since the death of the breadwinner.

As soon as the relative receiving the pension becomes able to work, for example, he turns 18, the pension is stopped being paid.

If a pension is assigned to relatives upon reaching retirement age, or if the disability is issued for life, then the payments will be indefinite.

An insurance pension will not be assigned to a relative who has committed a crime against the breadwinner, as a result of which the latter died. In such cases, such a relative will be assigned a social pension.

Who is entitled to compensation

The pension will be paid child, sister, brother and grandson of the breadwinner:

• until they turn 18 years old;
• all their lives, as long as they have the “disabled” category, and they received it before the age of 18;
• until the brother, sister, child or grandchild of the breadwinner for whom they are caring turns 14 years old. Pension recipients themselves must be over 18 years old.

The pension will be paid parents and spouse deceased breadwinner:

• as long as they have the status of “disabled”;
• until the brother, sister, child or grandchild of the breadwinner for whom they are caring is 14 years old;
• if they reach the age of 55 years for women and 60 years for men.

The pension will be paid grandparents breadwinner if:

• have the status of “disabled”;
• reached retirement age: 55 years old - grandmother and 60 years old - grandfather.

To receive a pension, the breadwinner's grandparents must not have able-bodied children, and the brother, sister and grandchildren must not have able-bodied parents who are required by law to support them.

The pension will be paid:

Where to go

To apply for a survivor's benefit, write an application to assign you or a disabled relative, if you are his legal representative, a pension and choose one of the options:

• go to the Russian Pension Fund (PFR);
• send a letter with an application to the Pension Fund by mail;
• go to the multifunctional center with an application;
• submit an application through your personal account on the PFR website (www.pfrf.ru), having previously registered on the website www.gosuslugi.ru.

Documents for registration

Along with your application, please bring:

• passport;
• certificate of compulsory pension insurance (SNILS);
• documents indicating relationship with the breadwinner;
• documents confirming the insurance experience of the deceased;
• documents indicating other circumstances for which a pension is granted, for example, a certificate of full-time study or a certificate of disability.

Payment amount and fixed rate

The amount of the survivor's insurance pension depends on the length of service of the deceased. The higher it is, the larger the pension will be.

Pension calculation formula:

SPspk = IPK x SPK,

• IPC is the individual pension coefficient of the breadwinner, that is total points, depending on the time worked;
• SPK is the value of the pension coefficient on the day the pension is assigned, that is cost of one point;
• SPspk - insurance pension.

If, when assigning a pension to a child, brother, sister or grandchild no parents left, then the mother’s IPC coefficient is added to the father’s IPC coefficient.

If the sole breadwinner of a child, brother, sister or grandchild was a single mother, then the IPC coefficient doubles.

If the breadwinner has already received an old-age insurance pension or a disability pension, then family members can choose a different formula for calculations:
SPspk = IPKu / KN x SPK,

• IPKu - individual pension coefficient of the breadwinner, taking into account which the amount of the old-age insurance pension or disability insurance pension on the day of death of the breadwinner is calculated;
• KN - the number of disabled family members of the breadwinner on the day of granting a pension in the event of the loss of a breadwinner;
• SPK - the value of the pension coefficient on the day the pension was assigned in the event of the loss of a breadwinner.

Regardless of the length of service and the number of points earned, the state adds a fixed payment to the pension calculated according to the formula.

It increases annually With February 01 depending on the inflation rate for the previous year.

Payment may be increased:

• twice if the children were left without both parents or were raised by a single mother;
• by the regional coefficient, which is applied if the family lives in the regions of the Far North and areas equivalent to them. But if the family decides leave area where such a coefficient exists, then the pension will be paid in standard size, and vice versa: if the family will move in such an area, then the pension will be increased.

Social pension

A social pension will be assigned to children permanently residing in Russia if:

• the breadwinner has not officially worked a single day;
• the death of the breadwinner was due to a crime committed by his child.

This type of pension is paid:

• children under 18 years of age if they do not work;
• children under 23 years of age if they are full-time students;
• children after the death of their mother, who were raised only by her.

The pension is assigned from first the day of the month when the application for its accrual was submitted, but not earlier than the day of death of the breadwinner.

Where to go

To apply for a social pension, children must personally or through a legal representative perform one of the following actions:

• submit an application and documents to the Pension Fund;
• submit an application and documents to the MFC;
• send an application with certified copies of documents by mail;
• submit an application through your personal account on the PFR website (www.pfrf.ru).

What documents are needed

Please attach to your application:

• passport or birth certificate of the child for whom the pension is issued;
• death certificate of the breadwinner;
• documents indicating other circumstances, for example, a certificate of full-time study or confirmation that the mother raised the child alone.

See the table for the current amounts of the social pension in 2017.

Serviceman's survivor's pension

This type of pension is state and is paid to families:

• military personnel serving on conscription as soldiers, sailors, sergeants and foremen;

• families whose breadwinner suffered as a result of a radiation or man-made disaster;
• families of astronauts.

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The state pension is paid to the dependents of a deceased serviceman if he died:

• during military service on call as a soldier, sailor, sergeant or petty officer;
• not later three months after layoffs from service;
• V any time after dismissal due to injuries received in the service: wounds, contusions, mutilations, another diseases.

Who is entitled to

A pension for the loss of a military personnel is paid to citizens who are disabled.

Official employment of disabled relatives of a deceased serviceman will not be a reason for refusal or termination of pension payments.

Child, brother, sister, grandson of a deceased serviceman are considered disabled:

• until they turn 18 years old;
• until they turn 23 years old if they are full-time students at an educational institution;

The brother, sister and grandson of a deceased serviceman will be paid a pension if they do not have able-bodied parents who are legally obligated to support them.

Parents A military personnel is considered disabled if:

• have reached the ages of 50 and 55 years (women and men, respectively), and the death of their child occurred during conscription service or after, but due to a military injury;
• have reached 55 and 60 years of age (women and men, respectively), and the death of the child occurred within three months after conscription service and is not related to military trauma;
• are disabled.

Disabled spouses spouses are considered:

• those who have reached 55 and 60 years of age (women and men, respectively);
• are disabled.

The exceptions are widows dead military personnel from military trauma in conscription service who left remarried. They're the state will not pay pension for loss of a breadwinner upon reaching 55 years of age.

Grandmothers and grandfathers a deceased serviceman's grandson is considered disabled if:

• are disabled.

But they will be paid a pension if they do not have able-bodied children who are legally obligated to support them.

Except for the above circumstances, a pension will be assigned, parents, spouses, grandparents, brothers or sisters, if they do not work, but take care of child, brother or sister deceased military personnel who are entitled to a survivor's pension and are under the age of 14 years. In this case, the fact of being dependent on the deceased is not important. The pension will be paid.

Also, being a dependent is not necessary in the case of a pension. parents a serviceman, if his death occurs in service on call or after, but because war trauma.

In all other cases, a pension will be assigned if relatives were dependent on the serviceman.

It is important to note that if death military man suffered due to committing a crime, then the pension will be assigned only social and only to his children.

Payment amounts

The amount of pension in case of loss of a military personnel who died because of war trauma, is 200% of the social pension.

The amount of pension in case of loss of a military personnel who died due to illness received during military service is 150% of the social pension.

If the family lives in the Far North and equivalent areas, as well as in areas with severe climatic conditions, then the size pensions on the occasion of the loss of a breadwinner will increase by the regional coefficient.

The pension is increased every year from April 1 by a certain percentage established by the state.

Pension indexation from April 1, 2017

The official website of legal information published an order from Prime Minister Medvedev, according to which social pensions will be indexed by 1.5% from April 1.

The amount and procedure for increasing pensions is specified in the law “On State Pensions”. The amount of pension indexation depends on changes in the cost of living for pensioners, which was increased by 1.5% last year.

Survivor's pension under the Ministry of Internal Affairs

This type of pension is paid to the families of breadwinners:

• served in internal affairs bodies;

• served on call as officers, warrant officers and midshipmen or who served by contract as soldiers, sailors, sergeants and foremen;
• served in the State Fire Service;
• serving in the authorities for control over the circulation of narcotic drugs and psychotropic substances;
• serving in institutions and bodies of the penal system;
• served in the Federal Service of the National Guard of the Russian Federation.

A survivor's pension through the Ministry of Internal Affairs is paid to the family of an employee in the internal affairs bodies (OVD) if he died:

• during the period of service;
• no later than three months after dismissal from service;
• at any time after dismissal due to injuries received in service: wounds, contusions, injuries, or other diseases;
• during the period of receiving a pension or no later than five years after the termination of payment of his pension.

Who is entitled to

A pension for the loss of a breadwinner who served in the internal affairs department is paid disabled members of his family who were dependent on him.

Child, brother, sister, grandson deceased who served in the police department are considered disabled:

• until they turn 18 years old;
• until they turn 23 years old if they are full-time students at an educational institution;
• all their lives, as long as they have the “disabled” category, and they received it before the age of 18.

Burt, the sister and grandson of a deceased employee in the Department of Internal Affairs will be paid a pension if they do not have able-bodied parents who are legally obligated to support them.

The parents and spouse of a deceased employee in the internal affairs department are considered disabled if:

• reached the ages of 50 and 55 years (women and men, respectively), and the death of the breadwinner occurred due to a military injury;
• reached 55 and 60 years of age (women and men, respectively);
• are disabled.

Grandmothers and grandfathers deceased grandson who served in the internal affairs department are considered disabled, but they will be entitled to a survivor's pension if they do not have able-bodied children who are legally obligated to support them.

Except for the above circumstances, the pension will be assigned parents, spouses, grandparents, brothers or sisters, if they do not work, but take care of child, brother or sister deceased who were under 14 years of age. In this case, the fact of being dependent on the deceased is not important. The pension will be paid.

Being a dependent is also not required for:

• disabled children;
• disabled parents and spouse if they have lost their livelihood;
• disabled parents and spouse, if the death of the breadwinner was due to a military injury.

If the deceased due to war injury police officer remained a child under eight years of age, then the spouse caring for him is entitled to a survivor's pension, regardless of:

• how old is the spouse;
• whether it works or not.

The pension will be paid:

• adoptive parents, as well as parents;
• adopted children, as well as relatives;
• stepfather and stepmother, as well as natural parents, if they raised the child for more than 5 years;
• stepson and stepdaughter, as well as my own children.

If a child receives a survivor's pension and is adopted, he will still continue to receive the pension.

The spouse can remarry or get married, and if the pension was paid, it will continue to be paid.

It is important to note that if the death of a serviceman occurred due to the commission of a crime, then only a social pension will be assigned and only to his children.

Benefit amounts

To determine the amount of a survivor's pension for a police officer, you need to understand what it is monetary allowance breadwinner The formula can be derived from the law:

salary = (official salary + salary by special rank+ interest long service bonus) * amount of allowance in percentages For counting pensions, established by law and changing every year.
The pension for the loss of a breadwinner under the ATS line is paid in the amount of 50% from the sum monetary allowance, calculated above if:

• the breadwinner died as a result of war trauma;
• children of the breadwinner, if they are left without both parents;
• children of a breadwinner if they were raised by a single mother.

The pension for the loss of a breadwinner under the ATS line is paid in the amount of 40% from the sum monetary allowance, calculated above if:

• the breadwinner died due to an illness acquired during the period of service, namely as a result of injury due to an accident or illness not related to the performance of official duties.

Amounts of monthly salaries in accordance with the position being filled for typical positions of employees of territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the district level

Amounts of monthly salaries in accordance with the assigned special rank of employees of the Department of Internal Affairs of the Russian Federation

Example of pension calculation:

Sergei Timofeevich served for 25 years and rose to the rank of department head at the district level and the rank of “Colonel” when he died from an accident not related to the performance of official duties. He is left with an unemployed wife who is raising his two children: three and twelve years old.

From the example we get:

• official salary head of department is equal to 16,500 rubles;
• salary for special rank“Colonel” is equal to 13,000 rubles
• percentage bonus for length of service in the amount of 25 years is 30% and is calculated as: ( official salary + salary for a special rank) * 30%. For example, we get: (16500 + 13000) * 30% = 8850 rubles;
• amount of allowance For pension calculation from February 1, 2016 to February 1, 2017 is 69,45% ; and after February 1, 2017 will be 72,23%.
• Since Sergei Timofeevich died due to an accident, his family members will receive a pension in the amount 40% monetary allowance.

(16500+13000+8850) * 69.45% * 40% = 14258 rubles 53 kopecks.

(16500+13000+8850) * 72.23% * 40% = 14,356 rubles 94 kopecks.

The pension will be assigned:

• both children, until they turn 18 years old or 23 years old if they are studying full-time at an educational institution;
• the widow of a deceased employee in the internal affairs department until the youngest child turns eight years old, regardless of her age and availability of work;
• to the widow of the deceased, if after the child turns eight years old the widow does not officially find a job. The pension will continue to be paid until the child reaches 14 years of age;
• if by the time the child reaches 14 years of age, the widow will have reached 55 years of age. In this case, the survivor's pension will be paid for life, regardless of whether she marries again.

We get that from January 1, 2017, a widow and two children will receive pensions in the amount of (14,258 rubles 53 kopecks) * 3 family members = 42,775 rubles 59 kopecks.

From February 1, pensions will be increased and family members will receive: (14,356 rubles 94 kopecks) * 3 family members = 43,070 rubles 82 kopecks.

The law establishes that the survivor's pension under the ATS line cannot be less 200% size social pension, If:

• the breadwinner died as a result of war trauma;
• the breadwinner died - a pensioner, who on the day of death was disabled due to a military injury;
• it is prescribed to the children of the breadwinner who are left without both parents;
• it is prescribed to the children of a breadwinner when they were raised by a single mother.

The survivor's pension under the ATS line cannot be less 150% size social pension, If:

• the breadwinner died due to an illness contracted during his service.

Survivor's pension for students

A student will be granted a pension if he is a child, brother, sister or grandson of a deceased breadwinner, has not reached the age of 23, and is a full-time student at an educational institution.

In addition, the student must not be officially employed. If he gets a job, the survivor's pension will no longer be paid.

And only relatives of military personnel can combine full-time studies and work.

Survivor's pension if married

If you are a child, sibling or grandchild of a deceased breadwinner:

• you are under 18 years old;
• over 18 but under 23 years old and a full-time student;

and pay a pension in the event of the loss of a breadwinner, then you can get married or get married, the pension will continue to be paid.

If you are the spouse of a deceased breadwinner and receive a survivor's pension, you can remarry without fear of losing your pension.

The exception is the widows of military personnel who served as conscripts as soldiers, sailors, sergeants, and foremen who died from military trauma in the service. If their widows remarry, the state will not pay a survivor's pension.

Survivor's pension for a child if parents are divorced

All children of deceased breadwinners who are under 18 years of age or under 23 years of age if they are full-time students are entitled to a survivor's pension, regardless of whether the parents were married or divorced. A parent is supposed to be obligated to provide for their child, even if they are divorced. That is why the fact of dependency for children is not required.

The accrual of pension payments is determined. The purpose of its adoption is to ensure the well-being and social protection of citizens. The types of insurance payments, as well as the conditions for receiving them, are determined. One of these types is a survivor's pension, regulated by Article 10 of Federal Law 400.

The Federal Law “On Insurance Pensions” was adopted by the State Duma on December 23, 2017. It came into force on January 1, 2015. Since this date, some amendments have been made to the provisions of the law. The last of them were introduced into the document on December 19, 2016.

Structurally, the Federal Law on survivor pensions in the Russian Federation and other insurance accruals for citizens consists of the following chapters:

• general provisions, principles and concepts of law;
• conditions for assigning pension payments;
• insurance experience;
• amounts of accruals, fixed bonus;
• the procedure for assigning payments;
• maintaining the right to early pension provision (download to find out more about the amount of old-age payments).

The document includes several applications focused on calculating coefficients and other indicators when determining the amount of payments. The final regulations prescribe how the law will take effect.

To determine survivor benefits, you should pay attention to article 10. It regulates the conditions for receiving insurance accruals, as well as the list of persons who can apply for registration. No changes have been made to this article since the adoption of the law.

Download “Federal Law “On Insurance Pensions” Can . The document is presented in the latest edition and will be relevant for citizens applying for benefits, as well as for human rights activists studying social guarantees of legislation.

Who is entitled to it?

The survivor's benefit in accordance with the provisions of Article 10 of Federal Law 400 is assigned as follows categories of citizens:

• children, brothers and sisters, grandchildren of the deceased, if they have not reached 18 years of age or 23 when studying full-time;
• the same persons, if recognized as disabled before reaching adulthood, brothers and sisters receive survivor benefits in the absence of able-bodied parents;
• a parent, spouse, grandparent, adult brother, sister or child caring for minors and receiving survivor benefits;
• parents and spouse upon reaching the age threshold of 60 and 55 years for men and women, respectively, or if they have a disability;
• Grandfathers and grandmothers receive payments under the same conditions, if there are no other persons who are obliged to support them.

To determine recipients of a survivor's pension, the following are taken into account: conditions:

• persons are recognized as dependents if the deceased was their only source of livelihood;
• minor children are recognized as dependents by default, except in cases where, in accordance with the law, they reach legal capacity before the age of 18;
• Disabled parents or spouses are entitled to an insurance pension in the event of the loss of a breadwinner if they have lost another source of funds;
• disabled family members for whom the deceased was the main source of livelihood in addition to others have the right to switch to a full survivor's pension;
• the assigned benefit is retained upon remarriage;
• adoptive parents and adopted children are equal by law to parents and children;
• a stepfather or stepmother has the right to payments if they supported the deceased stepson or stepdaughter for at least five years;
• the specified pension is assigned regardless of the citizen’s insurance period, as well as the cause of his death;
• if the length of service is completely absent, or the dependent has committed an unlawful act that resulted in the death of the breadwinner, a social pension is assigned.

These persons are granted a pension if they are declared legally incompetent.

How to apply for a survivor's pension?

To register for the loss of a survivor, you must provide list of required documents:

• application for receipt;
• documents of the deceased - death certificate or court decision recognizing death, passport and employment papers to determine the amount of payments;
• documents confirming family relations - birth certificate, marriage certificate, other documents;
• SNILS of the breadwinner and the applying dependent.

Additionally, documents are provided confirming the lack of other means of subsistence and the right to receive benefits. Such papers may be certificates of absence of the second parent, certificates of incapacity or disability, confirmation of training.

Documents are submitted to the Pension Fund branch at the place of registration of the dependent. Standard sample application for a survivor's pension can be downloaded. When filling it out, you must provide all the data and select the grounds for receiving payments.

Size

The amount of the survivor's pension is calculated in accordance with with Article 15 of Federal Law 400. It determines the calculation formulas for each type of insurance pension. Benefits for disabled family members in the event of the loss of a breadwinner are determined by multiplying the individual pension coefficient of the deceased by the cost of such as on the day of accrual.

From February 1, 2017 cost of one pension coefficient point amounts to 78.58 rubles. Their number is determined by the amount that the deceased managed to accumulate in the Pension Fund.

Article 15 also defines other principles for calculating survivor benefits in accordance with certain conditions. There are different situations when the deceased himself was the recipient of an insurance pension. This calculation takes into account the number of disabled family members.

If there is a survivor benefit and the death of the second parent, the accrual amount is recalculated for the child. The amount of accruals includes payments taking into account the coefficients of the second breadwinner. The amount of accruals is recalculated in a similar way if the second parent becomes a recipient of an old-age or disability insurance pension.

As of 2017, a child who has lost a parent receives up to 5 thousand rubles. If the second one also dies – up to 10 thousand.

The untimely death of a relative, unfortunately, leaves not only the pain of loss, but also unpaid bills, as well as a decrease in the financial capabilities of the family due to the loss.

That is why, in a number of cases, social support is provided at the state level for certain categories of persons who, due to the loss of a breadwinner, need additional financial support and certain benefits.

The legislative framework

In essence, a benefit is social assistance provided at the state level from the federal budget to categories of persons who, due to certain circumstances, need financial support. And benefits for the loss of the main breadwinner is one of the types of such support, the provision of which is regulated by the norms of Federal Law No. 400.

In particular, Article 10 of Federal Law No. 400 states that if a deceased citizen, was the sole breadwinner of the family consisting of disabled citizens or had a dependent who, due to certain circumstances, cannot provide for himself, relatives left without a livelihood will be assigned a pension in the manner and under the conditions established by law.

It should be noted that the specified type of social assistance is intended not only for blood relatives, who, for obvious reasons, could apply for support from a relative, but also for other persons recognized as family members due to joint residence and housekeeping. That is, in fact, even a former mother-in-law can be a family member if she lived with her daughter-in-law and received financial support from her, for example, due to her old age.

However, there are exceptions to this situation, in particular, on the basis of clause 1 of Article 10 of Federal Law No. 400, regardless of blood relationship, as well as belonging to the family of the deceased, pension cannot be assigned, if the death of the breadwinner was caused by the illegal actions of his dependents, proven in court. That is, if the same retired wife or disabled son beat his father, as a result of which he died, the grant of benefits will be denied.

Who is entitled to this and in what cases?

As a rule, financial support from the state people need who cannot provide for themselves due to certain circumstances beyond their control.

For example, these categories are:

• minors who, due to their age, are unable to find employment;
• disabled people who, although disabled, are minimal, which accordingly cannot provide them with the same standard of living;
• elderly relatives who also receive a pension, but without the support of relatives, may also need additional financing of expenses.

In particular, the untimely death of a person who provided full or basic financial support, or recognition of him as missing in the manner prescribed by law, as well as documentary evidence of family ties or affiliation to the family, which includes:

• children, brothers and sisters, as well as grandchildren of the deceased, who during the life of the person were dependent on him and at the time of death had not reached the age of majority, as well as if they became disabled before the age of 18;
• adult children and relatives, but only if they are studying at a university on a stationary basis and have not reached the age of 23, and also do not have parents of working age;
• one of the spouses, parents, grandparents, but only if they are dependent on close relatives of the deceased under 14 years of age, in particular, small children or brothers, sisters, even if the relatives caring for them receive a salary or a pension due to reaching retirement age;
• parents and spouse, but only if they have reached retirement age and have lost their main source of living, regardless of the time that has passed since the death of the breadwinner;
• grandparents who are pensioners or disabled, but provided that the deceased was their only relative and breadwinner, who was obliged to support them or provide assistance in accordance with the norms of the Family Law of the Russian Federation;
• adoptive parents and adopted children, as well as stepmothers and stepfathers, have the same rights that are reserved for natural children and parents, but only subject to the provision of supporting documents.

Calculation procedure and amount

In accordance with the norms of Federal Law No. 400, the amount of any type of pension, first of all, depends on length of service, and, accordingly, from transfers to the Pension Fund. A pension for the loss of the main breadwinner is no exception, which has a direct relationship between the work experience of the deceased and the amount of the pension that will be assigned to his dependent.

In particular, the amount of the pension in such a situation based on Article 15 of Federal Law No. 400 will be calculated based on the following components:

• IPC (individual pension coefficient of the deceased);
• cost of coefficient points.

If the breadwinner at the time of death did not have an official job, or any length of service, his dependents will be assigned in accordance with Article 11 of Federal Law No. 166 and in the amount established by Article 18 of Federal Law No. 166, depending on the disability group. And 50% of the fixed payment will be added to the agreed payment. From January 1, 2019, the amount of the fixed payment to the old-age insurance pension, taking into account indexation, is 5334 rubles 19 kopecks.

Separate calculation procedure survivor pensions are intended for relatives military personnel who died or were declared missing during their service. In particular, Article 36 of Law of the Russian Federation No. 4468-1 states that the amount of the pension will be calculated in proportion to the monetary allowance of the deceased serviceman, namely in the amount of 50% of all amounts that are due to the employee at the time of death, but taking into account the norms of Article 43 Law of the Russian Federation No. 4468-1.

One more feature should be noted, in accordance with the legislation, namely Article 4 of Federal Law No. 400, when obtaining the right to two types of pensions simultaneously for various reasons, it is possible to receive only one pension at the recipient’s choice. That is, if after the death of the father there is a child who is disabled, he can receive a pension only for disability or for the loss of the main breadwinner of his choice, of course, depending on the amount.

Features of calculation and payment in various situations

If the procedure for calculating a pension in connection with the loss of a breadwinner is established, then the calculation, as well as some conditions, vary, due to the fact that the agreed type of financial assistance is intended for different categories of persons with different social rights given by the state.

For example, if you lose two parents, to calculate child's pension, the summed IPC of both parents will be taken into account, multiplied by the established value of the point.

If there are two children

If two small children are left without a breadwinner, then in accordance with clause 4 of Article 15 of Federal Law No. 400, they will be entitled to a pension in the amount specified above for each.

Child over 18 years old

If the child of the deceased has already reached the age of majority, a pension in connection with the death of the main breadwinner is not established for him or her, unless he or she study full-time at a university. In this case, this type of benefit is calculated based on the above procedure, but only until the end of training, but not more than 23 years of age.

Step-by-step registration procedure

The state guarantees the right to receive a pension in connection with the loss of the main breadwinner for all of the above categories, but only if certain conditions are met, and also on the basis of submitted documents.

Where to contact

As a rule, this type of benefit is assigned at the Pension Fund at your place of residence applicant, and for any reason, a survivor’s pension is no exception. In particular, regardless of which region of the Russian Federation the deceased family member lived or served, a pension can be issued at the applicant’s main place of residence, but only if there is permanent or temporary registration and upon provision of a certain package of documents.

But first, the applicant submits an application on the basis of clause 17 of Order No. 14n of the Ministry of Labor of the Russian Federation, which approves the regulations for the provision of public services, which, in essence, is the calculation of a pension of this type. The application does not have a set form and is filled out in free form, with a request to accrue a pension based on the submitted documents, which are attached.

List of required documents

To the application on the basis of clause 10 of Order of the Ministry of Labor of the Russian Federation No. 958n, as well as clause 26 of Order No. 14n need to be attached:

• identification documents of the applicant and his representative, if the pension is intended for a minor child;
• documents confirming age, place of residence;
• death certificate;
• all documents confirming the length of service of the deceased;
• documents confirming family relationships or dependent status;
• documents confirming the residence of the applicant on the territory of the Russian Federation.

That is, you need to confirm all the conditions for assigning a pension, depending on the category.

Let's say, when calculating a pension for a small child you will need:

• birth certificate;
• passport of the mother or representative;
• death certificate.

If the pension for the loss of the main breadwinner is assigned elderly parents, then you will need to submit your own documents on the issued pension, including its size, certificates of expenses, for example, for treatment and an application for transfer to a pension of the agreed type, if its size is greater than the old-age pension.

Payment terms

Article 22 of Federal Law No. 166 states that you can apply for a survivor’s pension at any time, but only after the right to the specified type of pension arises. For example, an elderly woman, after the death of her retired husband, with the support of her children, may not need a survivor’s pension, but something can also happen to the children, and the woman will no longer have anyone to rely on except the state, even if after death Several years have passed.

But the calculation and payment of pensions is carried out on the basis of Article 23 of Federal Law No. 166, which states that payment is made from the 1st day of the month in which the citizen applied for this type of benefit personally or through his representative in accordance with the application and submitted package of documents.

What benefits are available to children receiving survivor benefits?

In addition to the survivor's pension, certain categories of citizens are also entitled to certain social benefits.

In particular, on the basis of Article 6.1-6.2 of Federal Law No. 178 disabled children, as well as families of fallen military personnel The following benefits are established:

• provision of medications on the basis of a prescription for the necessary treatment or assistance;
• provision of vouchers for sanatorium and resort treatment;
• free travel by suburban and railway transport to the place of treatment and back.

For children who have lost both parents and are orphans, a list of benefits has been established, determined by the norms of Article 6-10 of Federal Law No. 159. In particular, children have the right to receive:

• education in universities at the expense of budgetary funds;
• free medicines and medical care;
• housing from a specialized fund;
• unemployment benefits for 6 months from the date of graduation, but subject to registration with the Labor Exchange and job search;
• free legal assistance in case of violation of the rights of an orphan.

Legislative innovations 2019

Russian citizens receiving or just planning to apply for survivor pensions need to know about the following legislative changes in 2019:

1. The fixed payment to the insurance pension in the event of the loss of a breadwinner is set in an amount equal to 2,667.10 rubles.
2. The insurance part is formed as the product of the number of accumulated pension points and their value in the current year. The number of points is calculated using a complex formula and depends on the length of service and the amount of accrued wages. The cost of 1 pension point from 01/01/2019 is 87.24 rubles.
3. If an individual undergoing military service dies, his family members can count on a double social pension, fixed at RUB 10,068.50. From April 1, 2018, an additional amount of 372.03 rubles was added to this amount.
4. If the death of a serviceman did not occur during the performance of official duties, then his family members can count on a social pension in the amount fixed at 7551.38 rubles. From April 1, 2018, an additional amount of 279.40 rubles was added to this amount.
5. Widows of military personnel can count on an increase in pension payments in the amount of 240 rubles.
6. From April 1, 2018, social pension payments were indexed by 3.70%.

For information about this type of government assistance, see the following video:

The survivor's benefit in 2019 is the main state assistance paid to families in which a person working to support the family died (or went missing). The presented social payment is called a survivor's pension (benefits) and is paid from the pension savings of the lost breadwinner.

Who is the survivor benefit for a child intended for?

A survivor's pension is paid if other family members are unable to work for various reasons. The following individuals fall into this category.

• Disabled, officially registered disabled people;
• Pensioners (even if they have lost a younger family member who supported them);
• Minors (survivor's benefit for a child is provided to the eldest child under 18 years of age);
• Adults (persons from 18 to 23 years old, full-time students in higher and secondary educational institutions until graduation);
• Other relatives of the deceased (who took custody of a child under 8 years of age).

If family members meet the requirements stated above, they can count on receiving benefits. It will stop being paid until someone in the family becomes able to work.

This may happen as a result of:

• the child comes of age;
• after the student graduates from university or upon expulsion;
• a relative of the deceased who had a dependent child under 8 years of age upon reaching that age.

Interestingly, the breadwinner does not necessarily have to live with the person who is under his guardianship. It is also not necessary to be related to a dependent. It is enough to regularly make money transfers to him at least to a cash account in a bank ().

In some cases, the law allows for the payment of benefits to widows, those who remarried after the loss of the main breadwinner, as well as persons who have received the ability to work, but have not reached the age of majority.

The size of the survivor's benefit in 2019 is one of the most discussed issues. The size of the social pension for the loss of a breadwinner for children in 2019 is:

• 5034 rubles in case of loss of one parent, which is about 75 dollars according to the current one;
• 10068 ruble in the case of the loss of both parents, which equals approximately $151.

Payments begin from the time the relevant application is submitted to the authorized bodies, as well as receiving its approval. The money arrives at the end of each month to the account of the family representative.

The amount of payments may be a much smaller equivalent, for example, if the deceased breadwinner had only one relative in need of support. In this case, it will be 50% of the above amounts. If there are two or more people left who are unable to feed themselves, the pension is paid in full.

The pension itself consists of two parts:

• Basic - fixed;
• Insurance - depends on the number of dependent persons, as well as the insurance savings of the breadwinner himself.

When calculating payments, the main rule must be taken into account - they should not be less than a certain subsistence level in the region of residence of the dependents.

How do I apply for survivor benefits?

To receive the presented benefit, you will need to collect the following documents:

1. Documents proving the identity of each member of the family who has lost their breadwinner;
2. Official certificate of loss of the deceased;
3. Work record book of the breadwinner;
4. Certificate from the place of employment about the income of the breadwinner for the last 2 months.

These documents are submitted to the branch of the Pension Fund of the Russian Federation together as an appendix to the corresponding application.