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Pension on loss of breadwinner of the Ministry of Internal Affairs

In 2015, the wife of a police officer died (a disease during the service). There was a son 7 years old he was assigned a pension PSPK from the Ministry of Internal Affairs. Skill of the widower 3g. disability by the Ministry of Internal Affairs (during the period of service) but the minimum only for disability. Since the dismissal and receipt of the group did not work. Do I have to apply PSPK and if so, what conditions.

Lawyers Answers

Zakharova Alexandra Andreevna   (02/27/2016 at 16:04:22)

Hello! You should contact the Russian Federation with the appropriate statement.

However, in accordance with clause 2, part 2, article 10 of the Federal Law "On in the Russian Federation"

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner whatever from  age and working capacityas well as a brother, sister or child of the deceased breadwinner who have reached the age of 18 years, if they are engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14 years and who are entitled to insurance pension in case of loss of the breadwinner in accordance with paragraph 1 this part, and do not work;

Oleg Eduardovich   (02/27/2016 at 16:21:33)

Good afternoon.

The survivor's benefit is assigned to persons who, with the death of a family member, have lost their main source of livelihood, that is, those who were dependent on them. This wording means that a fairly wide circle of people, and not just minor family members, can take advantage of state assistance.

In the event of the death of the breadwinner, the amount of pension payment is calculated according to a special formula, taking into account certain factors. So, the payment amount consists of two parts: the pensioner's breadwinner's accumulated savings for the entire period of working capacity and the standard part, the amount of which is established by the state. It also takes into account how many family members have the right to receive material benefits.

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Bagalova Tatyana Konstantinovna   (02/27/2016 at 17:29:59)

Good afternoon!

Persons entitled to a survivor's insurance pension
Disabled family members of the deceased breadwinner who were dependent on him (with the exception of persons who committed a deliberate criminal offense that resulted in the death of the breadwinner and was established in court) are entitled to insurance pension in case of loss of the breadwinner.
  This pension is assigned to one of the parents, spouse or other family members regardless of whether they were dependent on the deceased breadwinner (part 1 of article 10 of December 28, 2013 No. 400-ФЗ).

Persons entitled to state pension in case of loss of breadwinner
  Disabled family members are entitled to a state pension in case of loss of a breadwinner in case of death (death):
  - military personnel during the period of military service on conscription as soldiers, sailors, sergeants and foremen, or not later than three months after dismissal from service or in the event of death later than this period, but due to injury, contusion, injury or illness that were received during the period passage of service;
  - citizens affected by radiation or man-made disasters;
  - astronauts and cosmonaut candidates in the line of duty related to the preparation or performance of a space flight (Clause 5, Article 5 of the Law of December 15, 2001 No. 166-FZ).

1. One of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and disability, as well as a brother, sister or child of the deceased breadwinner who have reached the age of 18 years, if they are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not over the age of 14, provided that they will not work;

2. 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;

3. Family members of the deceased breadwinner shall be deemed to be dependent on him if they were fully supported or received assistance from him, which was their constant and main source of livelihood;

4. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, shall be entitled to an insurance pension in case of loss of the breadwinner if, regardless of the time elapsed after his death, they have lost their livelihood.

Based on the information you provided, it follows that you fall under the grounds for receiving a survivor's pension (since you are a spouse and you have a disability and raise a dependent child). Based on this, you have the right to apply to the PFR Directorate at the place of residence of the deceased, including the place of actual residence (if registration is in another place) for the appointment of a pension in case of loss of the bread-winner.

Also, upon reaching the retirement age, which gives the right to receive an old-age pension (60 and 55 years old for a man and a woman, respectively), you will receive the right to choose whether to receive an old-age pension or a survivor's pension.

Anatoly I.   (02/27/2016 at 19:32:42)

Hello, in essence of the question you asked, I can supplement the answers of lawyers:

Calculated by the formula, based on salary and allowances. According to dated 12.02.1993 N 4468-1 (as amended on 04.11.2014) “On the pension provision of persons who have served in the military, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families ”Article 36. Pension amounts The pension for the loss of the breadwinner is established in the following amounts: a) to the families of the persons specified in article 1 of this Law who have died due to the reasons listed in paragraph“ a ”of article 21 of this Law - 50 percent of the corresponding sums of the breadwinner's money allowance provided for in Section 43 of this Law for each disabled family member. At the same rate, a pension is established, regardless of the cause of the death of the breadwinner, to the families of deceased pensioners who were disabled on the day of death due to military trauma, for children who have lost both parents, and for children of a deceased single mother; b) to the families of persons specified in Article 1 of this Law who have died due to the reasons listed in paragraph “b” of Article 21 of this Law, 40 percent of the corresponding sums of the breadwinner provided for in Article 43 of this Law for each disabled family member. Article 37. The minimum amount of a survivor’s pension granted to the families of the persons referred to in Article 1 of this Law and the families of deceased pensioners from among these persons shall not be lower: a) when calculating the pension in accordance with paragraph “A” of Article 36 of this Law - 200 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law for each member of the family entitled to receive it; b) when calculating a pension in accordance with paragraph “b” of Article 36 of this Law - 150 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law for each member of the family entitled to receive it. Article 38. Pension allowances in connection with the loss of a breadwinner Family members who are Group I invalids or have reached the age of 80 years, the pension assigned to them in case of loss of a breadwinner (including the one calculated at a minimum amount) shall be charged an allowance for them in the amount of, stipulated by paragraph "a" of the first part of Article 17 of this Law. The pension for the loss of the breadwinner (including the one calculated in the minimum amount), which is assigned to children with disabilities and children with disabilities from childhood of groups I and II, who have lost both parents or to those children of a deceased single mother, is charged a supplement of 32 percent of the calculated pension, specified in the first paragraph of Article 46 of this Law. Article 39. The period for which a pension is granted The survivor's pension is granted for the entire period during which a family member of the deceased is considered to be incapable of work in accordance with Article 29 of this Law, and family members who have reached the age of: men - 60 years old, women - 55 years - for life.

I am very sorry, Good luck.

The loss of a close relative is a moral blow to the family. Even more shocking if the deceased was the sole breadwinner in the family. Since, not having time to recover from the pain of loss, a person already needs to think about how to pay for housing and communal services in the coming month, on what means to provide the family with food and other household material issues should be resolved. In this situation, the state comes to the rescue. It accrues a survivor's pension, which is a colossal measure of support for the remaining needy orphans.

On the occasion of the death of a relative, who is the main earner in the family, the family has the prerogative of receiving material support from the state.

Concept, law, terms of appointment

  - this is cash payments made by the state in favor of the relatives and dependents of the deceased individual who was the breadwinner of the family.

According to Article 10 of the Federal Law No. 400 “On Insurance Pensions”, the following shall be attributed to the bases for calculating payments in case of loss of the earner:

1. Appointment exclusively to family members - spouse, children, adopted child, brothers, sisters, parents of the deceased.
2. Parents who were not up to the loss of a son or daughter on their maintenance, who became needy after a while, are entitled to apply for pension payments in this case.
3. Stepfather and stepmother have the right to rely on collateral if they have been educating for at least 5 years.
4. The accrual of pensions is not determined by the length of labor, the cause and time of the death of the breadwinner.
5. In the absence of seniority, it is not state labor, but state support that is assigned to narrow categories of citizens, and all others are paid a social pension.

Upon entering into a new marriage, the spouse retains the prerogative of obtaining security in the event of the loss of a breadwinner.

Types of survivor pensions

There are several types of such payments. Which type of collateral can be relied on is due to a number of factors:

• the presence of seniority at the head of the family;
• labor in certain areas.

Insurance (labor)

Insurance coverage or a retirement pension is granted to dependents and disabled relatives of the deceased. Dependents are persons fully provided by a breadwinner.

Pension is paid to each family member.

However, for some relatives, unlimited security is established, and for others - with a limited duration. So, parents and, in general, persons 55 and 60 years old incapable of work have the right to switch to such payments on an ongoing basis (if there is a benefit and need for this). Children without a breadwinner are paid up to the age of 18. The exception is those who receive education in the full-time education model - for them, the period of detention is increased to 23 years.

The volume of labor payments is calculated individually for each person. Here, the pension coefficient (IPC) (depending on the length of service) and the statutory cost of one such indicator (SEC) on the day the pension is assigned affect it. Since January 2018, the SEC has been equal to 81.49 rubles.

In addition, the state fixed a single surcharge for all. In 2018, this is 2,491.45 rubles.

For a clearer understanding, we give an example of calculation. Maria Novosiltseva, born in 1966, has officially been working since 1986. In January 2017, she died of a heart attack. She left a family consisting of a 10-year-old able-bodied husband and daughter. In this situation, the prerogative of receiving maintenance is the disabled minor daughter. By 2017, she scored 58 bps. from 1966 to 2015, plus 1.8 bps. for the care of the first child under 1.5 years old, for 2015 and 2016 - 3 and 3.4b. Total 66.2. Pension amount \u003d 66.2 × 81.49 + 2491.45 \u003d 7886.08 rubles. However, if the pension is less than the minimum for the region, then the surcharge comes from the local budget.

Social

Social security is also intended for the family that has lost the breadwinner. This type of payment is accrued in the absence of the length of service of the deceased at the time of death. Who is entitled to claim:

1. Children whose parents or one of the parents died.
2. A child who has lost a single parent.

The presence of Russian citizenship is not mandatory for accrual. Mandatory permanent residence in the country.

Pension benefits of this type are paid from the federal budget. It is constantly being indexed. So, from April 1, 2017, for children who have lost one breadwinner - 5034.25 rubles. For those who find themselves orphans - 10068.53.

State

The survivor's state pension is granted to certain categories of citizens. These include:

• civil servants;
• military;
• astronauts;
• participants of the Second World War;
• chernobyl liquidators and other radiation victims.

So, if a soldier died, then the state will pay this type of pension to disabled members of his family. The right to rely on material support:

1. Children, sisters and brothers, grandchildren of young children. Or students in a university up to 23 years.
2. Close relatives provided that his children are under 14 years old.
3. Spouse or parents of retirement age or disabled.

The amount of the pension depends on the specific category. If a soldier died due to an injury in the service, 200% of 5034, 25 rubles is paid. 45% of the average salary of a civil servant is paid to each member of the family of the deceased on a monthly basis.

How to apply for a survivor's pension

To receive a survivor's pension, you must apply to the FIU in your area. There are three ways to do this:

• personal visit to the department;
• by proxy;
• through the Internet on the portal of public services or the official website of the institution.

It is necessary to write a statement and provide a specific package of documentation.

Required documents

In addition to the application, the following paper accompaniment is attached:

1. Identity card of the applicant and his representative, if registration takes place on the child.
2. Proof of permanent residence.
3. Death certificate.
4. Evidence of seniority (work book, military ID, certificates from employment center, salary statements).
5. The facts of kinship and being on the content.
6. SNILS.
7. A court decision declaring a person missing.
8. Marriage certificate.
9. The fact of adoption.
10. Certificate from the educational institution to confirm receipt of education.

For each individual applicant, the list of documents can be expanded. For a young child, it is necessary to provide a birth certificate, and for a parent receiving a pension - information about their own payments.

Renewal and restoration

When a child who has lost a parent and receives pension benefits is 18 years old, payments cease. The material content can be restored by providing the Foundation with a certificate of training on a full-time model of education at the university.In this situation, payments are restored and made up to 23 years.

Calculation is carried out from the first day of the month following the application. For the previous months of non-payment, recalculation and their full accrual are possible.

The amount of the survivor's pension

The amount of accruals is determined by the type of pension granted. If it is labor, it depends on the number of accumulated points and the cost of an individual point in this period. The value of social is established by the state. The size of the state varies depending on the category of recipients.

Minimum survivor pension

The insurance pension is individual. But if its size does not reach the cost of living in the region, then the corresponding surcharges are made.

Social pension - 5034.25 and 10068.53 for children who have lost one of their legal representatives and for orphans, respectively.

Government payments are calculated as a percentage of social (from 5034, 25):

• astronauts - 40% of the salary;
• children who have lost both parents due to radiation, 250% - 12,585.62. In other cases, 125%;
• 150% to each member of the military family who died due to illness. If a fact of injury is detected in the service - 200%.

The total amount of any type of pension cannot be set below the subsistence level.

Pension amount in Moscow

From January 2018, the minimum stay is 11816 rubles.Since the current year, pensions have been increasing to 17,500 for some categories of citizens, which include disabled people who are left without a breadwinner.

The exception is already students who are fully supported by the state. Their premium will not affect.

Increase in survivor's pension

Every year since April 1, the state has indexed pension coverage at the federal level. Regions also have the right to add local factors to the main size.

Pension indexation

With the beginning of April 2018, an increase in compensation volumes of 4.1% is expected. The social payment in the event of the loss of the father or mother will be 5240.65 rubles. And for orphans - 10481, 34.

For those living in difficult climatic conditions, for example, in the Far North, the amount of maintenance increases by the indicators fixed by the government decree.

Benefits and copayments other than pension

In addition to financial security, various benefits and support measures for children who have lost a parent are relied on:

• up to 2 years - milk and mixtures;
• up to three - free medicines;
• travel on a national vehicle for free;
• stowaway visits to state parks, museums, zoos until the age of seven;
• from 7 to 18 discount for the above events;
• meals twice at school and the provision of educational literature;

Surcharge for pension is possible provided that the value is below the established level for living.

Orphans are provided with housing under the social security agreement, as well as the possibility of uncontrolled admission to universities or colleges when passing school exams for positive grades.

Father and mother, children and a military wife have the right to apply for such state support. However, to get it you need to take into account some requirements. Charges are permissible if death has occurred:

1. During the performance of official duties.
2. Not later than one quarter after the resignation from the armed forces.
3. Unconditionally from the time period in case of illness or damage acquired due to service.

It does not matter what kind of service was carried out - on call or it was a contractor. But there are significant differences in the size of collateral.

The amount of compensation to family members of the deceased military on appeal is due to the size of social benefits. And for the contractor's family, the salary of a soldier at the time of death will be determining when calculating - 50% of the allowance for damage and 40% due to an ailment.

For some categories of citizens of the family of the deceased soldier, various surcharges were recorded. An allowance of 100% of the assistance provided is due to disabled people of the 1st group and pensioners who have crossed the threshold of 80 years.

32% is added to children with disabilities left without parents, as well as children who have lost a single parent. Disabled since childhood, groups 1 and 2, if they lost both father and mother.

The legislation establishes the prerogative of receiving two types of pensions for the relatives of the deceased soldier:

• parents whose child died due to military injury;
• a widow who did not marry after the death of a military man.

Age features

When appointing commented compensation, the age of the applicant is taken into account. At age 18, accrual cessation occurs, which can be restored if certain conditions are met. Then a pension extension is possible.

Payments to a child

A minor child who has lost one or both parents has the preference for receiving pension payments - labor and social. Payments will be made until he reaches adulthood. The amount of labor compensation depends on the length of service of the deceased and is assigned individually. Social compensation is determined annually at the legislative level.

Children also have a different list of benefits that regional authorities can expand.

After 18 years

At the age of 18, for the extension of payments it is necessary to study in educational institutions according to the daily model.  That is, a newly minted student, according to the requirements of an educational organization, needs to attend daily classes. In this situation, the student will not be able to provide for himself and he will be assigned content again.

To resume accruals, you should contact the FIU and provide a certificate from the place of study. Moreover, the educational organization must have state accreditation.

Continuing studies can be multilevel - primary vocational, secondary, higher.

Under 23 years old

Until this age, full-time students of absolutely all educational levels have preference for receiving. The essential conditions here are the ban on official employment, and also if you were expelled from an educational institution, then you should not count on further compensation.

If training ended before 23 years and then it does not continue, then the material content is no longer paid.

Many people ask themselves whether they can apply for material support if, for good reason, they have to arrange academic leave during full-time studies. Not a single law, not a single legal norm contains provisions on the suspension of payment of compensation in this situation. Since academic leave is a short-term study stop associated with the birth of children, marriage, illness, the need for care and care for the next of kin.

Another no less interesting situation is conscription. Will a survivor's pension be paid? No, it will not. Since the employee is no longer considered incapable of work and is in full state security.

After 23 years

In exceptional cases, the state continues to pay a survivor's pension after 23 years of age, namely:

1. Disabled persons held by the deceased.
2. Close relatives of the deceased, caring for children, grandchildren of the deceased, who are under 14 years old.

Termination of payment

Material content is ceased to be paid on the following grounds:

1. Reaching the face of 18 years. If this was not followed by admission for the extension of studies in an educational organization.
2. Execution of 23 years.
3. Work activity by labor agreement.
4. Expulsion from school.
5. Transfer to evening education.
6. Independent refusal.
7. The death of the payee.
8. Failure to submit a certificate to the Foundation about training.
9. Conscription.

Suspension of compensation is carried out automatically when the appropriate age. In all other cases, the recipient needs to notify the FIU of the establishment of legally relevant facts.

The recipient applies to the Fund with a statement on the termination of payments indicating the reason and providing evidence. In case of non-circulation, an overpayment of funds occurs and subsequently the recipient will have to return the excessively received cash payments at a time.

When studying at a university, a student must annually provide a certificate of study. The document must be signed by the rector, and also contain information about the duration of training and the name seal of the organization.

Question answer

Who is entitled to a survivor's pension?

The pension is accrued to the disabled close relatives of the deceased or to persons who are on his absolute provision during his life.

Changes in 2018.

From April 2018 there will be an increase in pension provision by 4.1% social benefits, as well as state compensation.

How many years are survivors' pensions paid?

Material content is legally provided for children under 18 years of age. In the case of the full-time study model - up to 23 years. Disabled children under the age of 18 years are charged indefinitely. Parents and other close relatives of the elderly are paid on an ongoing basis.

When does the pension come?

The accrual is made once a month on the day on which a decision was made on its appointment.

Is it possible to work if a survivor's pension is accrued?

Formal employment will result in termination of payments. However, it is possible to work without an employment contract, that is, without insurance contributions.

Terms of payment of the survivor's pension.

Duration of collateral is urgent and unlimited. This is due to a number of the above factors.

Pension on loss of breadwinner if married.

Marriage does not constitute grounds for termination of security. None of the legislative acts contains a reason for prohibition of payment.

Thus, a survivor's pension is often the only source of income and livelihood for individuals who have lost their breadwinner. Persons defined by law are entitled to receive such payments. For some, the material content is set for life, for others - for some time period.

Based on Art. 6 Federal Law No. 400 of December 28 2013 "On insurance ..." (hereinafter - the Federal Law), there are 3 types of insurance pensions - old age, disability and loss of breadwinner.

Persons whose family member, who is the breadwinner, has died or has been declared missing in the prescribed manner, can apply for the last type of pension.

Is it laid

Terms of appointment

In order for the wife of the deceased breadwinner to receive SPUK, she must meet certain conditions specified in Art. 10 Federal Law:

• to be disabled;
• be dependent on the deceased;
• the death of the breadwinner should not have occurred as a result of a criminal offense committed by the wife.

Also, the breadwinner must have at least 1 day of insurance (part 10 of article 10 of the Federal Law), otherwise the wife will not be able to apply for an SPUK, but only for a social pension.

Details:

1. In h. 2 Article 10 Federal Law indicates who is recognized as incapable of work by family members of the deceased. In particular, about the spouse it is said in paragraph 2 and paragraph 3 of part 2 of article 10 Federal Law. To receive SPUK, the spouse must:
   • either reach the age of 55;
   • or to be recognized as a disabled person of the 1st, 2nd or 3rd group in the manner established by 181-FZ of November 24. 1995 “On the social ...” (regardless of reaching or not reaching the age of 55);
   • or to be engaged in caring for non-working children, sisters, brothers or grandchildren of the deceased breadwinner who have not reached the age of 14 (hereinafter referred to as the breadwinner's relatives), who are entitled to SPUK in accordance with clause 1 of Part 2 of Art. 10 Federal Law.
2. Part 3, Art. 10 Federal Law states that a wife is deemed to be dependent on the deceased citizen if she was fully supported, that is, had no other sources of livelihood other than that which the breadwinner had.

At the same time, in order to receive SPUK, the wife does not have to be dependent, but only on the basis of caring for the breadwinner's relatives who are entitled to SPUK. For the remaining 2 reasons (reaching 55 years of age or disability), dependency is mandatory.

1. By virtue of h. 11 Article. 10 FZ, SPUK is not charged even if all of the above conditions are met if the death of the breadwinner was caused by a criminal offense committed by his wife. In this case, the spouse can only apply for a social pension, appointed in accordance with the procedure approved by 166-FZ of 15 Dec. 2001 "On the state ..." (hereinafter - the Federal Law No. 166).

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Family members of deceased citizens eligible for state pension. penny. security in accordance with Federal Law No. 166, receive the right to a pension for loss of breadwinner for state. penny. providing (not SPUK). According to Part 5 of Art. 5 Federal Law No. 166, the right to such a pension is received by members of the families of the deceased:

• military personnel;
• persons affected by radiation;
• astronauts.

How is it charged?

The spouse of a deceased citizen, subject to her compliance with the requirements presented in art. 10 FZ, will be charged SPUK according to the formula presented in part 3 of article 15 Federal Law:

Pension amount \u003d Number of pensions. points of the deceased * Cost of 1 point

Based on h. 6 Article. 15 FZ, the wife can also apply for the calculation of SPUK according to another formula, if such a calculation is more profitable:

Pension amount \u003d Number of pensions. deceased points / Number of disabled family members (all are considered, including the spouse herself) * Cost of 1 point

The size

Also, one should not forget that the wife, as well as other categories of pensioners, is entitled to a fixed allowance (Article 16), as well as a federal (or regional) social supplement, if the amount of the pension ultimately turns out to be lower. minimum.

Based on h. 2 Article. 16 FZ, a fixed increase for recipients of SPUK is 2491.45 rubles per month.

The cost of 1 penny. The score in 2019 is 81.49 rubles (420-FZ from December 28, 2019).

Can a wife receive two pensions at the same time?

According to Part 1 of Art. 5 of the Federal Law, persons who are entitled to several pensions (for example, old age and SPUK) are required to choose any one pension - the most advantageous.

By virtue of h. 6 Article. 10 FZ, if the spouse of the deceased previously received any pension (old age, disability), she has the right to refuse it and go to SPUK.

Where to apply for clearance

According to Part 1 of Art. 21 FZ, SPUK is established and paid by the body providing pension benefits in accordance with the provisions of 167-FZ of 15 Dec. 2001 "On the mandatory ...".

Based on the ab. 1 tbsp. 5 of this law, the OPS in the Russian Federation is carried out by the insurer in the person of the Pension Fund.

Judging by part 2 and part 4 of Art. 21 FZ, you can apply for registration of SPUK in:

• directly branch of the FIU, located at the place of residence of the spouse;
• or through the Unified Portal of the State Service (details on the procedure for submitting an electronic application are available for review in Government Decision No. 553 of July 7, 2011 “On the Procedure ...”).

You can also instruct the employer to complete the entire procedure by issuing written consent.

You can apply to the PFR, MFC, Government services or in any other way at any time after the emergence of the right to SPUK.

In this case, the SPUK will be appointed not from the day of applying for the application, but from the day of the death of the breadwinner, if the wife filed the application before the expiration of 1 year from the date of death of the breadwinner (paragraph 3 of part 5 of article 22 of the Federal Law).

How to get a survivor's wife pension

SPUK is issued exclusively in a declarative manner.

Step-by-step procedure:

Stage number 1.  Filing an application with the FIU, MFC, through the employer or the State Service.

Stage number 2.  Collect the documents necessary for the appointment of SPUK (list below).

Stage number 3.  Wait 10 days for the FIU to review the documentation provided and make inter-agency requests.

Stage number 4.  Choose a method of pension delivery by filing.

Stage number 5.  Receive timely monthly payments at least once every six months, otherwise the payment of SPUK will be suspended (Section 1, Part 1 of Article 24 of the Federal Law).

What documents are needed

A detailed list of documents for the appointment of SPUK can be found.

But, as a rule, so much documentation is not required, since most of the papers are at the disposal of state or municipal authorities.

As a rule, the spouse will need to collect not so many papers:

• statement;
• passport;
• power of attorney (if not a spouse, but a proxy);
• the workbook of the deceased breadwinner and other documents confirming the periods of labor activity before registration in the OPS system (after registration in the OPS, the experience is confirmed on the basis of personified records);
• a document that confirms the relationship with the breadwinner (for a wife, this is a certificate of marriage).

If the wife wants to receive a CAP on the basis of reaching 55 years of age (or disability), it is necessary to prove being dependent.

As such a document is suitable:

• certificate from housing authorities;
• income statement for all family members;
• court decision on establishing dependency.

Payment Procedure

Payment SPUK, according to Part 13 of Art. 21 Federal Law, may be carried out at the choice of the spouse:

• through a credit institution by crediting to a card account;
• through the Russian Post (home delivery or direct receipt at the OPS branch);
• through other institutions involved in the delivery of pensions.

Commissions for issuing funds by banks and Russian Post are not charged. All necessary expenses are paid by the Pension Fund.

Features

In some cases, the appointment of SPUK is carried out with some nuances or limitations.

Deceased pensioner

If the deceased breadwinner was the recipient of fear. old-age or disability pensions, the spouse will receive the right to apply for an SEC in the same way as if the deceased was not a pensioner. There are no restrictions in the legislation on this matter.

If she remarried

By virtue of h. 7 Article. 10 FZ, if the spouse of the deceased enters into a new marriage, she will not lose the right to receive SPUK.

The deceased pensioner of the Ministry of Internal Affairs

The wife of an employee of the Ministry of Internal Affairs, who died while being executed or after retirement, has the right to apply not for SPUK, but for retirement in accordance with the Law of the Russian Federation No. 4468-1 of February 12. 1993 “On the pension ...” (hereinafter - the Law).

The main condition for the appointment of a pension is presented in Art. 28 of the Law - the breadwinner must die during the period of receiving the pension or not later than 5 years after the termination of payment.

Other conditions are specified in Art. 29 of the Law. In particular, the wife of a pensioner of the Ministry of Internal Affairs should be dependent on him, as well as:

• either reach the age of 55;
• or take care of the breadwinner's Relatives.

Finding a spouse dependent is not necessary if:

• after the death of a pensioner of the Ministry of Internal Affairs, the spouse lost her livelihood;
• or a pensioner of the Ministry of Internal Affairs was disabled due to military trauma (a pension for the wife of such a pensioner is also granted on preferential terms - 5 years earlier, that is, from 50 years old - see Article 30 of the Law).

So, SPUK can issue a wife if she has reached the age of 55, or is disabled, or provides care for relatives of the breadwinner who have not reached the age of 14.

The right to social. the wife will have a pension if the breadwinner has no insurance experience or the wife has committed a criminal offense against him.

Video: Is it possible to receive the deceased spouse's pension

Such special social security as the pension of the Ministry of Internal Affairs is assigned to persons who served in the internal affairs bodies, and such special security is associated with special working conditions and restrictions. Which are present at all times while serving.

Legislative regulation of the pension of the Ministry of Internal Affairs

According to its legal regulation, the pension of the Ministry of Internal Affairs is a variety. However, these payments have different sources of financing. If a military pension is paid through the Ministry of Defense. That issue of the appointment and payment of pensions of the Ministry of Internal Affairs are the responsibility, respectively, of the Ministry of Internal Affairs of the Russian Federation. But the law is the same - Federal Law of 12.02.1993 No. 4468-1. It is called - “On the pension provision of persons who have served in the military, service in law enforcement bodies, the State Fire Service, drug trafficking and psychotropic substances control bodies, institutions and bodies of the penal system, and their families.” And from the name it is obvious that the principles of regulation of military pensions, pensions of the Ministry of Internal Affairs, etc. the same.

Special benefits differ from the pension of the Ministry of Internal Affairs. They were introduced by the Law of July 19, 2011 No. 247-FZ. This is a one-time allowance subject to at least 20 years of work experience. These are benefits if you have an experience of less than 20 years. As well as benefits in connection with the dismissal (for certain reasons) without the right to retire.

The pension of the Ministry of Internal Affairs is assigned to employees of internal affairs bodies after their dismissal from service. It is divided into payments for length of service, loss of breadwinner and disability.

Pension Ministry of Internal Affairs for length of service

Such a pension of the Ministry of Internal Affairs is assigned in 2 cases:

• experience of 20 or more years of service
• or if there are a total of 25 or more calendar years, of which 12.5 years is the service in the internal affairs bodies (or military service). At the same time, a pensioner must reach 45 years. An additional condition is the reason for dismissal: the Ministry of Internal Affairs pension is granted upon dismissal in connection with reaching the age limit, due to illness or a limited state of health, in connection with organizational and staffing arrangements. At 12 years and 6 months of service, only service periods from the date of conferment of a special rank are included.

The most burning issue related to the appointment of a pension by the Ministry of Internal Affairs is considered a length of service. Correctly determine the relevant periods will help the appeal to the Decree of the Council of Ministers - the Government of the Russian Federation of 09.09.1993 No. 941. The length of service includes periods when a person served in the internal affairs bodies, military service, in the bodies of the Federal Drug Control Service, the State Fire Service, institutions and bodies FSIN. Some periods are counted in preferential terms, for example, the performance of law enforcement services in the zone of the Georgian-Ossetian conflict, etc.

In addition, in the length of service for the appointment of a pension of the Ministry of Internal Affairs and the rank and file, the time of their training in higher educational institutions is counted. The length of service may include the time of serving the sentence and the detention of the police officers of the rank and file (subsequently rehabilitated) and others.

Pensions of the Ministry of Internal Affairs for length of service

Dimensions depend on 4 components:

• the salary for a regular position held immediately before dismissal;
• salary for a special rank,
• years of service allowance
• monthly cash food compensation.

They constitute the amount of monetary allowance. If a pensioner of the Ministry of Internal Affairs has 20 or more years of service, then the size of the pension will be 50% for the full 20 years of service. Plus 3% for every year over 20 years. Not more than 85%.

If the basis was the presence of a 25-year seniority, then the size of the pension is calculated differently. 50% of cash allowance, and for each year over 25 years of total experience - plus 1%.

In addition to receiving a pension for seniority, police officers are also entitled to receive additional allowances:

• upon reaching 80 years of age, having the status of a disabled person of group 1 (100%);
• unemployed pensioners who contain disabled relatives (32% - 1 dependent; 64% - 2, if 3 or more - 100%.

The retirement of an employee of the Ministry of Internal Affairs does not always mean his termination of work. Often, former employees receive a new offer to work in the bodies. In this connection, the payment of a pension by the Ministry of Internal Affairs for length of service is suspended. And if a person decides to continue working in the "civilian" specialty, then the pension continues to be paid. And if there are appropriate grounds, he has the right to receive and.

Disability pension of the Ministry of Internal Affairs

Such a pension is granted to the rank and file and senior management of the internal affairs bodies that have been granted disability. Moreover, doctors installed it while serving. Or within 3 months after its completion. The onset of disability can later serve as the basis for granting a disability pension only if the person was injured, injured, sick, etc. during the service in the Ministry of Internal Affairs.

In all cases, the assignment of a disability, the determination of its causes and groups is carried out on medical and social examination. By the way, its results can be disputed by. It is the conclusion of ITU that contains conclusions about the group of disability, causes and connection with the service.

The sizes, the order of appointment and the period for which the Ministry of Internal Affairs pension for disability is assigned are identical to the rules considered in the article “military pension”.

If there are no grounds for assigning a pension to the employee of the Ministry of Internal Affairs for disability, a person has the right to apply for an insurance.

MIA survivor's pension

The death of an employee to assign payments to his dependents should take place:

• in the service
• within 3 months after dismissal,
• at any time, but is associated with a wound or injury sustained during service.

It is calculated as a percentage of the monetary allowance of the deceased.

Raising pensions to employees of the Ministry of Internal Affairs

Like any pension payments, the pension to employees of the Ministry of Internal Affairs is also subject to increase. In 2019, the pension to employees of the Ministry of Internal Affairs will be increased from October 1, 2019. In general, 6.3%. This will happen due to the indexation of the monetary allowance of military personnel by 4.3%. As well as an additional indexation of 2%. Due to an increase in the reduction coefficient from 72.23% to 73.68% from October 1, 2019

The provision on indexation of the amount of monetary allowance taken into account when calculating pensions to employees of the Ministry of Internal Affairs was suspended until 01.01.2020. At the same time, it was established that this amount from February 1, 2017 is 72.23% (from October 1, 2019 - 73.68%) of the amount of monetary allowance.