Can a wife receive her husband's pension after his death? How to apply for a survivor's wife's pension? Conditions for obtaining How to calculate the pension for the loss of the breadwinner to his wife.

Pension payments in case of death of the widow are accrued according to the current legislation of the Russian Federation (Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation”).

The basis for awarding monetary compensation is the loss of the breadwinner, who during his life was kept disabled by his relatives.

Set of required documents

The widow provides all documents to the FIU or MFC. To do this, she will need to collect two types of securities: primary and secondary. The main documentation includes:

passport;
marriage certificate;
passport of the deceased to confirm his age at the time of death;
statement;
death certificate of a citizen.

Attention! If the widow claims to receive social benefits, then she will have to add to the documentation more SNILS and documented periods of work, the length of service for the deceased.

Additional documentation includes the following:

How to issue?

In order to apply for the death benefit of a breadwinner, the widow must follow the following plan:

Collect the documentation package.
Prepare an application for the allocation of benefits to her deceased husband.
Transfer a set of documents and an application through your local PF or MFC to the place of permanent registration.

Documents can be submitted in several ways:

through a proxy notarized with specific powers;
sending a registered letter with a list of attachments;
through the website of the State Service (section of social assistance).

Deadlines for assigning benefits

After submitting all the documentation, the PF representative must inspect the request for retirement benefits in case of loss of the landlord within 10 days (only business days are taken into account).

If you submit documents through the MFC, then it will take more time to consider them, since the countdown is carried out from the moment the employee transfers the securities center to the fund department.

Officially, the allowance is assigned on the day of applying to the PF. If the documents were submitted by the widow before the expiration of a year from the moment of her husband’s death, she has the right to request assignment of payments from the date of death of the sole holder.

Chernobyl widow

If the wife’s sole breadwinner was the husband and he took part in the liquidation of the Chernobyl accident, then she has the right to receive two types of benefits: state benefits for the loss of the landlord and labor retirement age (Clause 3 of Part 1 of Article 29 of the Federal Law “On Social Protection of Citizens” exposed to radiation due to the disaster at the Chernobyl nuclear power plant ”).

Assignment of the allowance for the loss of the landlord is carried out by women in their 50s. Moreover, the fact of being dependent on the deceased is not important, nor is the time elapsed since his death, as well as the length of his experience.

Reference! The size of cash payments is determined taking into account the status of the deceased liquidator of the accident.

If the death is not related to a disease resulting from the elimination of the accident, the widow has the right to receive 5,404 rubles from the loss of a breadwinner. 67 kopecks

This is 125% of the amount of social benefits for old age.

The widow of a military pensioner

In this case, there are two possible options for applying for a pension: standard and preferential.

The reason is that military service is associated with dangers.

If a soldier died in the performance of an assignment or his obligations, then his wife has the right to apply for social benefits.

Who is paid?

There are 3 types of pension for survivors:

State support. The widow has the right to issue this type of benefit only if the following conditions are met: if she is the mother of minor children and / or if there are minor brothers and sisters of the deceased; when the wife reaches 55 years of age, provided that she did not marry a second time, and the husband died while performing a military duty; on reaching retirement age; the presence of a spouse of 1 degree of disability.
Insurance payments. A widow can issue them regardless of her age and the fact of being dependent on her husband.
Social charges. This type of benefit can be obtained only if the deceased did not have the required length of service of the insured or if he was not assigned to a special category of citizens, after whose death the allowance for the loss of the sole holder is compulsory.

Order of registration

The terms during which the employee of the Pension Fund studies the documents and the information contained in them do not exceed 10 days. If the information was not provided in full, then this period increases until the employee of the fund receives the entire list of securities.

Benefit payment assignment day is the day you contact the fund directly and providing information.

If the widow appealed to the PF no later than a year after the death of her husband, then the date of payment is fixed in the document on his death. If the appeal was carried out later than 12 months from the moment of his death, then the day of appointment is the day that came a year earlier than the appeal.

Calculation work

The size

Given the type of pension the widow will receive, the size of the pension varies:

State. If a soldier died due to a military injury, then the pension is 110068, 53 rubles, if due to an injury received during the course of service - 7551, 38 rubles.
Insurance. Its size is 2,402.56 rubles.

Example

Citizen Ivanov dies at the age of 25 at the factory as a result of an accident. He is dependent on his wife, who does not work due to health reasons. She has the right to receive a pension. The work experience of the deceased was 3 years, the length of service was 0.22, pension contributions were 194,400, and the estimated number of months was 228.

SP \u003d 194,400 / (228 × 0.22) + 1 + 1 361, 70 \u003d 5,238, 29 rubles.

Recalculation

To calculate the amount of pension funds in the loss of a husband, you need to use the methodology, which is established in Article 15 No. 173-FZ.

The amount of insurance payment in case of loss of the holder is calculated on the formula:

SP \u003d IPK * SPKwhere:

SP - a fixed amount of insurance monthly payments;
IPC - individual pension coefficient;
SPK - the cost of one pension coefficient per year.

If the deceased on the day of death, the allowance for disability or age was established, then the amount of labor compensation is considered a little different:

SP \u003d IPK / KN * SPKwhere

KN - the number of legally incompetent dependents.

In life, a variety of situations happen, which can result in the death of a person, the only breadwinner in the family. The state will not leave a minor child and his mother without a livelihood. Widows have the right to apply for a retirement benefit, which they receive on a monthly basis if they apply to the PF on time and provide the necessary documentation.

When a terrible thing happens and a woman loses her husband, then often, along with the feelings and longing for the deceased, various kinds of material problems come to her. It is no secret that in our country it is hardly possible to live on one's own pension.

Then the logical question arises: is it possible to somehow improve my financial situation at the expense of the state, for example, by receiving the pension of the deceased spouse, and how to do it?

Keep in mind that re-registering a spouse's pension for yourself is not so simple, for this some conditions must be met. To begin, think about how you can prove that the spouse was the breadwinner in the family. This must be done, because only in this case you will be able to receive a pension from the state for the loss of a breadwinner, which is often mistaken and taken for the pension of a deceased husband.

Even if you were not dependent on your spouse, but eventually lost your source of income, or it remained in a meager amount, the pension fund will not be able to refuse you.

Immediately get ready for the fact that the state will not pay you two types of pensions. Therefore, if you decide to receive money for the loss of a breadwinner, then:

refuse your pension;
ask for another type of survivor pension.

For detailed explanations on these issues, read article 4, as well as 9 of Federal Law No. 173 of December 17, 2001 on Labor Pensions in the Russian Federation.

How much will the widow receive?

The exact amount that a widow can receive after the death of her spouse depends on many circumstances and factors.

To clarify the amount, the employees of the pension fund will have the following questions:

how many people were dependent on the deceased;
whether he was a deceased serviceman, or whether he had previously worked in the Ministry of Emergencies, was Chernobyl, or belonged to another special category;
how accurately the spouse proved that the deceased husband provided her.

Keep in mind that you can apply with a statement at any time after the death of your spouse.

If your husband died as a result of injuries received at work and / or received a pension due to an occupational disease, the amount of payments for the loss of a breadwinner will be 30%.

How can a wife receive the funded part of the pension?

From the point of view of the law, the funded part of the pension is regarded as an inheritance. This money is placed on the deceased's account with a state or non-state pension insurance fund, so they are considered a deposit. And any contribution, from the point of view of the law, is private property.

Detailed explanations about the funded part of the pension and what can be done with it to the relatives of the deceased, read in article 38 No. 111-FZ of 07.24.02.

In the event of a case in which the funded part of the pension is inherited, money most often:

transferred to the account of the wife of the deceased;
give to the hands of the wife of the deceased.

But remember that the payment amount is recalculated according to the rules of inheritance, so you can get the wrong amount of money for which you are counting.

Here they will take into account many nuances, for example, whether the deceased spouse met several requirements from the side of the law.

No problems will arise if:

the deceased person transferred finances to his personal account;
maternity capital was transferred to the pension fund;
the deceased was born after 1967 inclusive.

If you want to find out in full detail how to re-register the funded part in pensions of the deceased spouse, then open Pension Fund Resolution No. 711, which was registered on July 30, 2014.

How to act?

What to do to a widow who is entitled to a funded part?

find out in the PFR or NPF the money of the deceased is stored;
try not to miss the period of 6 months after the death of your spouse to apply to the Pension Fund;
write a statement;
take it to the appropriate Fund;
wait for a written response from the fund employees;
if they have comments, then do not worry, and resubmit the entire package of documents, taking into account the comments received.

Try to collect the necessary documents as quickly as possible, because if you miss the deadline of 6 months from the day your spouse dies, then you have to re-prove your rights to this money by going to court.

Calculation of the amount payable

To find a detailed calculation formula, refer to article 16 of Federal Law No. 173. The exact figure is calculated from the total amount of the breadwinner's pension money, which is distributed over 228 months and adds fixed payments.

On average in Russia, this amount is no more than 30% of the money that was accrued to the deceased. The state takes into account the accrual of an old-age pension, and in connection with the disability received.

The coefficients that are used in the calculations are quite complicated, so it is unlikely that you can, without the appropriate knowledge, calculate the amount yourself. It is better to contact the Pension Fund and ask them to make a preliminary calculation.

Keep in mind that the size of payments is also affected by the number of dependents who were on the maintenance of the deceased person. As practice shows, it is worthwhile to deal with this issue when the deceased’s income was very solid and only his wife is applying for retirement.

Given that in Russia pensions are indexed quite often, it becomes really profitable to increase your income in this way.

Does a wife need to give up her retirement pension

Before you start applying for a survivor's pension, do not forget that you must first weigh everything and get preliminary calculations. It may well be that the spouse of the deceased, on the contrary, will reduce the amount of payments received from the Pension Fund.

However, if this is exactly what happened to you, then do not be discouraged, but contact the Pension Fund again to return your pension. According to the law, citizens of the Russian Federation are entitled several times to switch from one type of content to another. And this is true, since the regulations periodically change, so the amount of payments can also change.

How to get a widow's pension for a military pensioner?

Count on the opportunity to receive the deceased's military pension if:

he was a military man;
worked in the bodies of the Ministry of Internal Affairs, the FSB or the Ministry of Emergencies
took part in the aftermath of the Chernobyl accident, etc.

In this case, the death benefit of the breadwinner will be about 40% of the payments to the spouse.

Since 2015, the law has 2 types of pension payments that can be assigned in case of loss of the bread-winner, to the widows of the deceased:

Pension payments from the Ministry of Defense;
Civil pension payments.

In the first case, in order to assign such a pension to a widow, it is necessary to verify compliance with several conditions:

when a serviceman retired died, the pension was paid to him, or he died within two months from the end of its payment;
a military pensioner died in connection with a wound, shell shock, injury or some illness that he acquired while serving in the Armed Forces of the Russian Federation;
the widow of the deceased has reached retirement age, and / or has a disability, and / or contains a child of the deceased who is not yet 14 years old. This item is relevant if the widow herself does not work.

In the second case, we are talking about an insurance pension for age or disability. If you want to receive detailed information on this type of pension, then refer to article 10 of Federal Law No. 400 of 12.28.13.

To receive the pension of the deceased husband of a pensioner, contact the pension office with a statement, he will be transferred either to the Ministry of Defense or to the FIU.

What are the benefits from the deceased husband to the wife?

According to the law, after the death of a spouse, benefits are not transferred to his wife, except in some cases.

Cases when part of the benefits is transferred to the spouse of the deceased:

when the deceased performed military service;
participated in hostilities;
was a member of the Second World War.

What types of benefits can be given to the wife of the deceased:

spa treatment once a year;
free travel to the place of treatment;
50% discount on payment for housing services;
medical supervision in a departmental clinic;
reduced price for fare.

Keep in mind that if a woman is a labor veteran who has a disability or benefits of a different category, then all of her benefits remain, even when she retires from the breadwinner.

What documents do I need to provide to the Pension Fund to receive my husband's pension after his death?

What documents need to be collected to apply to the Pension Fund:

passport;
death certificate (original and copy);
marriage certificate (copy and original);
a certificate from the housing authorities that you were dependent on the deceased, or with his death, lost their livelihood;
certificate of income of your family members;
other documents with the necessary information;
work book of the deceased, or other types of documents confirming his experience and earnings during his life.

Remember that you do not apply to any pension office, but to the Pension Fund at the place of residence of the wife of the deceased.

What happens if the widow marries again?

If you have retired at the loss of the breadwinner and got married, you will still receive a pension for life, provided that you do not choose a different type of security. That is, a new marriage is not the basis for the abolition of the survivor's pension.

But keep in mind, if you first marry, and then want to take on the pension of your deceased spouse, then you will be refused.

To have a clear idea of \u200b\u200bwhat the registration of the deceased husband's pension will give you, before you start making a decision, contact the Pension Fund specialists and get comprehensive information on your issue.

Hello Nina

Since your mother has not been working for a long period of time and was dependent on him at the time of your father’s death, she has the right to receive a pension for the loss of the bread-winner. True payments will not be made for the entire period, but for the year preceding circulation.

So, according to the provisions of Art. 10 of the Federal Law of December 28, 2013 N 400-ФЗ "On Insurance Pensions", the following persons have the right to receive an insurance pension in case of loss of breadwinner:

disabled members of the family of the deceased breadwinner who were dependent on him, regardless of the length of the length of service of the breadwinner, as well as the cause and time of his death. Family members of the deceased breadwinner are deemed to be dependent on him if they were fully supported or received help from him, which was their constant and main source of livelihood;
children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18 years;
children, brothers, sisters and grandchildren of the deceased breadwinner, who study in the main educational programs in organizations engaged in educational activities, including in foreign organizations located outside the territory of the Russian Federation (in the direction in accordance with an international agreement), before they graduate from such training , but not longer than before they reach the age of 23 years;
children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they became disabled before reaching the age of 18 years. At the same time, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have working parents;
parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled;
the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who are required to support them;
disabled parents and spouse who were not dependent on the deceased breadwinner, regardless of the time elapsed after his death, if they lose their source of livelihood;
one of the parents, spouse, grandfather, grandmother of the deceased breadwinner, as well as a brother, sister or child of the deceased breadwinner who have reached the age of 18, if they are not working and at the same time are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14 and entitled to a survivor's insurance pension. In this case, the right to this type of insurance pension arises regardless of the fact of being dependent on the breadwinner.

The Pension Fund of Russia considers the application for the appointment of a pension within 10 business days from the date of receipt of the application with all the necessary documents or from the day the last missing document is submitted within three months from the day the specialist of the territorial body gave the appropriate explanations. An insurance survivor pension is granted from the day you apply for it, but not earlier than the day the right to it arises. Earlier than the day of application, she is appointed in the event that the application for the specified pension followed within 12 months from the date of death of the breadwinner. In this case, her appointment occurs from the day of the death of the breadwinner. If more than 12 months have passed, then 12 months earlier than the day of treatment. An insurance survivor pension is awarded for the period during which the applicant is considered incapable of work, including indefinitely.

You indicated that your father was a pensioner of the Ministry of Internal Affairs, in which case it is also necessary to be guided by the provisions of the Law of the Russian Federation of 12.02.1993 No. 4468-1 "On the pension provision of persons who have served in the military, service in the internal affairs bodies, state fire service, control bodies for the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families. "

Check out the problems

Pension to his wife at the loss of the breadwinner is perhaps the most controversial issue of social security. It is precisely because of this that widows with the right to receive a pension surrender in 50% of cases without having started to seek it, being satisfied that the pension was granted to at least children. And in fact, it is quite difficult to understand the requirements of the law regarding the appointment of 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 related to the loss of a breadwinner is guaranteed by Articles 7 and 39 of the Constitution of the Russian Federation, which contain peremptory instructions on the obligations of the state in terms of pension provision for citizens in case of loss of a breadwinner.

Loss of breadwinner as a legal condition

By the concept of “loss (loss, loss) of the breadwinner” we mean immediately two legal states that differ in their subjects. Firstly, this is the legal status of a citizen who had dependents on his support, and secondly, the position of the dependents themselves, who lost their sole or main source of subsistence as a result of the loss of the breadwinner.

The legislator strictly regulates the legal status of entities. So the breadwinner, qualified as lost, can be either deceased or missing. Regarding the civil status of dependents, everything is much more complicated, and the fact of being dependent is not always the basis for assigning a pension.

Confirmation of the fact of the loss of a breadwinner

The stage of confirmation of the loss of the breadwinner is the first when initiating the procedure for applying for a pension. Two types of the legal status of the breadwinner, which is necessary for assigning a pension to dependents, are legislatively defined - this is the death or loss of the breadwinner from the place of permanent residence. A prerequisite for the legislator has established a sign of a complete absence of any news about the breadwinner.

Death of the breadwinner

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

Death certificate issued by a competent health facility. 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 for forensic medical examinations that performed the autopsy.
Court ruling 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 if he has been missing for at least 5 years. There is one exception to this rule, and it applies to cases where a person’s loss took place under conditions that made it possible to conclude that he was killed. 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 military zone, 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 events end.

Missing breadwinner

The absence of a breadwinner in the place of his permanent residence for more than 1 year, provided that there was no news of him during this period, can also serve as the basis for the appointment of a pension. The fact of an unknown absence can only be established in a judicial proceeding at the request of the person concerned. 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. Moreover, it is the most difficult of all stages, since it is with it that the separation of legal relations begins on the basis of their regulation by various laws of the Russian Federation.

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

Moreover, 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 apply for a pension. Therefore, it is very important to understand the legal intricacies. This will make it possible to resist the bureaucracy of social bodies and, ultimately, achieve the appointment of a pension.

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

The ILO Convention, to which the Russian Federation acceded, defines a dependent as a person who is permanently or for a long period of time supporting another person or persons. This contradicts 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 exceptionally disabled citizen who was fully supported by a breadwinner.

It is at this point that the collision of the law, the contradiction of legal acts to each other and international laws are most fully manifested. This will become most apparent when comparing different types of survivor pensions.

Types of survivor pensions

In accordance with the laws according to which the assignment of pensions to wives upon loss of the breadwinner takes place, the types of pensions themselves are divided into:

State.
Insurance.
Social.

The basis of this division is the sphere of activity and, ultimately, the very personality of the deceased breadwinner.

So, the right to insurance pension the wife will be possessed, whose deceased spouse, breadwinner officially worked and was the payer of social insurance payments. Moreover, Art. 10 of the Law "On Insurance Pensions" establishes the requirements for a spouse applying for a pension. A pension is granted if:

As you can see, in this part the Law on Insurance Pensions is contrary to the provisions of the Civil Code. Therefore, you should not allow an employee of social organs to manipulate concepts and confuse definitions, although such attempts will certainly be made. The above law does not require a mandatory disability status from a spouse applying for an insurance pension.

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

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

The right to demand an appointment survivor social pension there are 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 social insurance contributions.

Restrictions on the provision of survivor pensions

Restrictions on the granting of state and insurance pensions for the loss of a breadwinner will occur in the following cases:

In such circumstances, the spouses of the deceased breadwinners will only be able to apply for 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 necessary for the appointment of 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:

Death certificate of the breadwinner.
Marriage certificate with breadwinner.
Any evidence of being dependent. Since the law does not regulate the status of dependency, any certificate is suitable, up to and including issued by the Housing Office.
Certificate of disability (if any).
A certificate from social authorities on the receipt of any type of benefit, if its amount makes a survivor's pension more profitable.
Documents determining what type of pension the spouse of the deceased breadwinner applies for. These may include: a certificate from the place of work of the breadwinner, a certificate of his insurance savings, and so on. It will be according to them that it will be established which pension can be counted on - social, insurance or state.

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Rules for calculating the survivor's pension

No matter how qualified the consultation on the rules for calculating pensions, 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 a variety of by-laws, up to accounting instructions. In the most general case, a wife’s survivor's pension will be accrued approximately in accordance with the table below:

Possibility to challenge pension fund decisions

No matter how much the amount of pension payments is accrued, this will not be a sentence. In case of disagreement with the accrual procedure or the final amount of payment, the decision of social authorities may be appealed. The decisions of the pension fund, which refused to grant pensions, are also subject to appeal, or if the PF unjustifiably assigned the wrong type of pension for which the wife of the deceased breadwinner claimed.

The laws of the Russian Federation provide for the following possibilities 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 a higher authority of the pension fund.
Appeal to the court with complaints about the actions of the State Pension Fund.

Important!In 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. On issues of pension provision, pre-trial procedure is not mandatory, and therefore, you should not allow anyone to mislead themselves in this regard. A person who does not agree with the reasons for which he was refused a pension, or with the amount of monthly savings, can go to court immediately.

Lacunae in the law

Under the gaps in jurisprudence are meant 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 for military service, his conviction for 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 purpose of social benefits is possible. And if the children will be able to receive social assistance, then the dependent wife will not have this right.