The rules for obtaining a survivor's pension for the wife of the deceased spouse. How to apply for a survivor's wife's pension? Conditions for receiving a surviving breadwinner pension

Died a man with children of 10 and 19 years old and a housewife. The family was left without a livelihood. How then does our state help? Where to go?

Children of the deceased (up to 18 years old or up to 23 years old if they are full-time students) and his widow, if she does not work and is not listed as unemployed, are entitled to a survivor's pension (hereinafter - PSPK). It is necessary to apply for this pension to the territorial authority 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 locality, 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 to the territorial authority of the Pension Fund of the Russian Federation, it is necessary to present a passport or residence permit with a mark of registration at the place of residence in the Russian Federation (for foreign citizens). In addition, the following must be submitted: insurance certificate of state pension insurance; death certificate of the breadwinner; certificate of state pension insurance of the deceased breadwinner; work record of the deceased breadwinner; military card of the deceased breadwinner; marriage certificate (if there is a change of surname); birth certificates of children confirming kinship 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 where the average monthly wage for 2000 - 2001 amounted to less than 2006 rubles; certificate confirming being dependent; a 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 to whom PSPK is appointed receive a pension certificate.

In order to get a supplement from the local budget to the PSPK, you should contact the Office 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 free travel on public transport, discounts at some pharmacies, shops, etc.

You can also apply for a monthly child allowance at the USSN.

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

Subparagraph 2 p. 2 Art. 9 of the Federal Law of 17.12.2001 N 173-ФЗ “On labor pensions in the Russian Federation” provides for the right of disabled members of the family of the deceased breadwinner. These include: one of the parents, either the spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and disability, as well as the brother, sister or child of the deceased breadwinner, who have reached the age of 18 years, if they are engaged in caring for the deceased's children, brothers, sisters or grandchildren breadwinners who have not reached the age of 14 and are entitled to a retirement pension in case of loss of a breadwinner, and do not work.

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

Yes, if his work biography contains contributions to the Pension Fund of Russia (even if it was a long time ago).

Does a woman who was unregistered with him at the time of her husband’s death have the right to PSPK?

It doesn’t.

Is a widow’s child who is not a child of the deceased entitled to PSPK?

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

Is the widow a single mother?

Legally, no. The status and corresponding rights of a single mother are obtained only by unmarried women whose children have a full name on their birth certificate. father "according to the mother" (ie paternity is not 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.

In the event of the death or death of the breadwinner, persons dependent on him have the right to receive financial assistance from the state. The spouse of the deceased may also apply for payments subject to certain conditions and the availability of necessary documents.

Is the survivor's pension granted to the wife of the deceased

According to the law, the wife of the deceased, in addition to a lump sum payment on the occasion of the death of her husband, is entitled to monthly allowance from the Pension Fund. The spouse of the deceased may be assigned one of three pensions:

Insurance. It is believed that if the deceased had at least one day of insurance, and his employer made contributions to the FIU.
Social. Accrued in rare cases.
State. It is prescribed if the deceased spouse was a military man, suffered as a result of man-made or radiation disasters, or was an astronaut.

Please note that retirement allowance is granted to the widow if her husband was fully dependent on her. Along with this, in some cases, payment may be accrued to those wives who worked.

Legal regulation

Issues related to the accrual and conditions for receiving pension payments in case of loss of spouse are regulated by various legislative and regulatory acts, among which it is important to pay special attention to the following documents:

Law No. 400-ФЗ (12.28.2013) “On Insurance Pensions”;
Law No. 166-FZ (December 15, 2001), “On State Pension Provision in the Russian Federation”;
order of the Ministry of Labor No. 958n (11.28.2014), which lists the necessary documents for calculating pension insurance allowance in case of loss of the sole breadwinner.

Terms of appointment

A survivor's pension is granted to a wife subject to several important conditions:

Type of allowance	Terms and Conditions
Insurance	to be officially married to a breadwinner until his death; the widow is 55 years old or she is disabled; the spouse takes care of children, sisters, brothers and / or grandchildren of the deceased who have not reached the age of 14; the spouse was not dependent, but was left without a livelihood; the deceased had at least one day of insurance, and deductions to the FIU were made from his earnings; the presence of a court order recognizing a citizen as missing (if death is not proved)
State	the spouse takes care of children, sisters, brothers and (or) grandchildren of the deceased who have not reached the age of 14; the widow was assigned one of the disability groups or she was 55 years old (50 if the spouse was injured as a result of the Chernobyl accident); a widow of servicemen who has not entered into a new marriage and has reached the age of 55, provided that the spouse died (died) as a result of a military injury while undergoing military service; the wives of the deceased astronauts payments are assigned regardless of the applicant's age and disability
Social	permanent residence in Russia; the applicant is disabled

Please note that, as such, a social pension for the loss of the breadwinner is only provided to the child of the deceased, but according to information provided on the official website of the FIU, allowance is also granted if the husband’s death is related to the commission of a criminal offense by the spouse, which:

entailed the death of the breadwinner;
established in court.

What is the survivor's pension?

Cash allowance is paid to the widow on a monthly basis. The survivor's pension is usually indexed annually by inflation. The following values \u200b\u200bare set for 2019


Insurance allowance for the wife of the deceased (fixed supplement)		2 491,45 rubles
Social pension		5180.24 rubles
State allowance for the loss of the sole breadwinner to the widow of a soldier:
	Fatalities due to injury	200% minimum social allowance
	Fatalities due to illness	150% minimum social allowance
Payments to the wife on the occasion of the death of the spouse - an employee of the Ministry of Internal Affairs:
	Deceased on duty	50% cash allowance
	In other cases	40% cash allowance

How to apply for pension payments to the widow of a breadwinner

Making allowances occurs on a declarative basis. This means that the applicant must independently apply for his appointment. The registration process consists of several steps:

To prepare the documents necessary for the appointment of allowance.
Contact the Pension Fund or the Multifunctional Center (MFC).
Submit an application, enclosing the collected package of documents. This can be done in person, by mail or through a legal representative. There is the possibility of applying through a personal account on the PFR portal.
Wait for a decision.

State and social pensions due upon the death of the husband are granted to the widow from the beginning of the month in which the woman applied for payments, but not earlier than the day on which the right to accrue pension benefits arose. The survivor insurance pension is accrued:

from the day of the death of the husband, if the widow applied for payment within 12 months from the date of the right to receive money;
from the month of application, if the application and documents were submitted 12 months after the death of a citizen.

An insurance pension consists of a fixed part, the amount of which is determined by law and is reviewed annually, and the so-called surcharge, which is taken into account when calculating it.

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

Applicants

So, who is able to receive our type of support today? The thing is that many categories of citizens are entitled to these payments. Among applicants for a survivor's pension are:

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

You may notice that the list is very extensive. In practice, the most frequently paid pension is the loss of the breadwinner to the wife of the deceased, as well as to children. To be honest, in Russia there are several types of our today's support.

Types of survivor pensions

As already mentioned, the survivor's pension may be different. Depending on its type, this or that amount of money from the state will be directly paid. Pensions are allocated in Russia:

social;
state;
insurance.

True, it is worth noting that not all categories of people have rights to certain types of state support at the death of the only breadwinner in the family. Before you draw up documents for the relevant payments, you need to find out in what cases the wife has the right to them.

Insurance pension

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

If a wife is already recognized as incapable of work by age, she shall be assigned a survivor's insurance pension. It also considers options in which this payment is due to persons with disabilities. Important: a citizen must be dependent. True, there are some exceptions.

Insurance Pension Exceptions

Pension for the loss of the breadwinner is granted to the wife of the deceased not only when the person is disabled. Under certain circumstances, spouses are entitled to insurance payments, regardless of whether they were dependent or not.

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

It is important to remember that this kind of support from the state is provided only until the minor who is being looked after is under 14 years old. After the survivor's insurance, the wife will not be paid.

Government payments

The following 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. More precisely, then:

the survivor’s pension is paid to the wife of the military;
laid payments to citizens who became victims of man-made or radiation disasters;
the wives of astronauts who died in the performance of their duties or in preparation for flights.

It is also worth noting that the spouses whose breadwinner served while living 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 have the right to material support if their husbands died as a result of military service on conscription. But only when the widows did not remarry. In such circumstances, the right to payments remains until the woman reaches the age of 55 years. Or until the widow makes a new marriage.

By the way, the pension for the loss of the bread-winner is granted to the wife of a deceased soldier even when she takes care of the child, brother, sister of the deceased, if the listed family members are younger than 14 years old. It does not matter if the woman is able to work or not.

Social support

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

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

Please note: state and insurance pensions are granted only when it comes to relatives (in our case, wives) who have no 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 to receive state support of one type or another. Paperwork is going to be serious. But, as practice shows, usually there is no problem collecting documents. Among the mandatory securities are:

application for the appointment of a pension (indicating the type of payment);
applicant's identity card (passport);
documents proving citizenship (in the case of a passport, additional papers are not necessary);
death certificate of a husband;
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);
certificate of marriage;
SNILS of the applicant;
details of the account to which funds are to be transferred;
work book of the deceased;
power of attorney (if the wife does not herself apply to the relevant authorities).

This is a mandatory list, which is necessary for registration of our payments today. True, in some cases it will be necessary to additionally present certain papers. They are attached to the application along with copies.

Military and Ministry of Internal Affairs

Pension for the loss of the breadwinner to the wife of the deceased (the Ministry of Internal Affairs is 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:

military card of the spouse;
any certificates that are able to confirm the location of the deceased during execution (in the status of a police officer, an employee of the Ministry of Internal Affairs or the military).
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 execution.
certificates of the widow's lack of a new formal relationship.

Additional references

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

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

Missing

How is the survivor's pension issued to the wife of the deceased? The documents listed above should be collected, made copies of them 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 legally recognize the spouse as missing or dead. Once this is done, an appropriate judicial opinion is issued. A widow must present a copy of it and the original when making pension payments.

Where to go

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

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 a statement and documents. There you will most likely make payments. Also applying to is the fastest method to get and

Calculation Rules

These are not all the features that you should be aware of. What is the survivor’s pension to the wife of the deceased? The exact amount is very difficult to name. Indeed, much depends on the length of service of the deceased "earner". There is a special formula for calculating eligible payments. It has the following form: S \u003d K / (M * H) / KH + BR, where:

As you can see, self-laid cash payments are difficult to calculate. Therefore, the exact information should be found in the Pension Fund. Much depends on the region of your residence. The thing is that the size of the prescribed payments cannot be less than the subsistence level in a particular area. This is another factor causing difficulties in the calculations.

Calculations for insurance pension

The so-called insurance pension plays a huge role in all payments. Therefore, it must be able to count. It is very problematic to do it yourself. Especially if you do not follow the latest legislative changes. What is the pension for the loss of the breadwinner to the wife of a deceased military pensioner? The formula for calculating the required insurance payment is as follows: PS \u003d PK * SK, where:

PS - the amount of insurance material support.
PC - retirement benefit ratio.
SK - the cost of one coefficient.

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

For military wives

Separate attention is required to the survivor’s pension for the wife of a deceased soldier. The thing is that the amount of payments in this case will depend on why the widow’s husband died.

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

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

The size of social pensions

The last moment is what kind of social pension for the loss of a breadwinner to the wife of the deceased laid. It is expressed in a fixed amount and accrued monthly. This monetary compensation cannot be less than the living wage of pensioners.

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

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.

Video - How can I pick up pension savings?

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 the 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 unreasonably 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.