In practice, there are often cases when the amount of pension payments is initially calculated incorrectly, without taking into account certain circumstances, as a result of which the citizen does not receive a certain amount of money. This happens for various reasons, including connection with errors in calculating pensions at the time of retirement. In this regard, many current working and non-working pensioners have a question: is it possible to recalculate a pension after it has been assigned?
Does such a possibility exist, possible grounds for it and what documents need to be submitted to calculate pension payments - all this is described in detail in this article.
Is it possible to recalculate a pension after it has been assigned?
According to Russian legislation, a pension is assigned after a citizen submits a corresponding application to the Pension Fund of Russia (PFR) or the Multifunctional Center (MFC). Payments are accrued from the date of application, but not earlier than the date the right to receive a monthly benefit arises.
The amount is calculated on the basis of documents available in the citizen’s payment file and (or) papers provided by the individual in person. If there is additional documentation that can be used to prove work periods not taken into account when assigning payments, the security will be recalculated.
Do not confuse recalculation with indexation. In the first case, an increase in payments is carried out when legislation changes or if a person provides additional information that may affect the amount of the benefit. The recalculation can be either upward or downward. Indexation is an increase in the size of payments in order to protect them from inflationary processes.
Where to complain
The pension fund is by no means the final authority, therefore a pensioner can always challenge its decisions. This can be done pre-trial or in court.
- If a pensioner wants to get by with little blood and resolve the issue peacefully, then he can contact the higher authority of the Pension Fund or the prosecutor’s office.
- It is necessary to provide SNILS and an identity card, a written refusal to adjust the pension benefit, and a receipt for receipt of documents.
- A check will be ordered to verify the legality of the refusal, which will result in confirmation of the correctness of the accruals, or prove that the pension was assigned incorrectly.
- If it was not possible to achieve a correction in the amount of payments in pre-trial order, then it’s time to turn to the judicial authorities for justice. There, the PF will have to prove the legality of the accruals made and confirm the calculations with relevant documents.
- The court's decision will now be final. Usually he forces the pension fund to recalculate the pension and assign payments in the adjusted amount. The applicant may simultaneously recover compensation from the Pension Fund for moral damages and for the entire unpaid pension.
If the pensioner is again not satisfied with the new amount, he can again request a recalculation and go through all the stages again.
The procedure for recalculating pensions
According to Article 18 of Law No. 400-FZ of December 28, 2013 “On Insurance Pensions,” recalculation is made only on several grounds. According to the non-declaration principle, an upward revision of the amount is carried out for working pensioners annually in August. Based on the application and evidence (providing documents), recalculation is carried out in the following cases:
- Increase in the size of the individual pension coefficient (IPC) for the period before January 1, 2015. The number of pension points may increase due to taking into account “non-insurance periods”.
- The presence of contributions from salary that were not taken into account. This could be, for example, long-term work abroad at the direction of the employer.
- Receiving disability. If there is 1 group, the fixed payment (FP) doubles.
- Availability of dependents. The appearance of disabled persons on the payroll makes it possible to increase the size of the pension fund by a third or more.
- Regional coefficient. When living in certain settlements that are located in areas with difficult climatic conditions, the pension is recalculated taking into account an increasing factor.
After 40 years of work experience
Recently, rumors have been circulating on the Internet about the possibility of increasing the number of pension points for long work experience. For example, information is provided that additional payment for work experience of more than 35 years gives 1 pension point, and for work duration of more than 40 years - 5 points.
Representatives of the Pension Fund of the Russian Federation denied such information, but noted that an addition to the pension for 40 years of service is possible if a person is awarded the title of Labor Veteran.
A non-working pensioner can receive honorary status only in accordance with regional legislation. At the federal level, the title Hero of Labor is awarded. Each subject has its own requirements for the duration of continuous work. The amount of additional payment for experience also varies. In Moscow, for example, it is 1 thousand rubles.
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Select another period before 2002
When calculating pensions for periods up to 2001, the key indicator is the salary of the future pensioner. But confirming it is not so easy: if work experience before 2002 is confirmed by a work book, a certificate from the place of work or archive, or testimony, then the salary level is only a certificate. Another problem is that the certificate must include salary data for 60 months of continuous service
, which not everyone has either.
Then the calculation proceeds according to one of two options:
- the average salary from the certificate is compared with the national average at that time (this is a coefficient that is limited to 1.2);
- The average salary itself is taken into account.
For most pensioners, the first option is more profitable, since there is no limit on the maximum pension amount. But there may be another problem here - if you request a salary certificate for a period that is not the most optimal, the pension will turn out to be less than it could be.
Every pensioner probably remembers approximately how much he earned in those years, and data on the average salary in the country can be found on many resources, including the website of the Pension Fund. It is enough to at least roughly compare your earnings with the average salary in the country
and understand whether the period is correct. For example, it makes no sense to simply select the period with the highest salary - average earnings in the USSR over the last decade increased from 174 to 303 rubles, and the ratio could change downward.
If you wish, you can find tables on the Internet with the average salary in the USSR and Russia by year
and roughly compare your salary with it (if the pensioner still remembers how much he received then). Even if salary data is not preserved in the archives, sometimes it can be restored through the court using indirect evidence. For example, one woman was able to restore her average earnings with the help of a party card, which included all the contributions she made (as a percentage of earnings).
True, for those who received much more than the average salary, this does not make much sense - anyway, the ratio cannot be more than 1.2
(with a few exceptions).
Another option is to take a salary certificate from 2000 to 2001
– this is suitable if the pensioner did not have a continuous period of 60 months before the early 2000s.
Recalculation of pensions for working pensioners
For older people who continue to work after a well-deserved retirement, there is no need to apply for recalculation. This happens automatically every year on August 1 in accordance with Law No. 400-FZ, taking into account the insurance points earned over the past year. The additional payment for length of service will be individual in nature, since the amount of insurance premiums is different for each person.
Maximum IPC values
The number of points earned depends on the amount of insurance premiums, but cannot be higher than a certain value. According to Law No. 400-FZ, the maximum number is limited to:
- 3 points – for insured citizens who do not form pension savings through insurance contributions for compulsory pension insurance.
- 1.875 – who has such savings.
Formula for recalculating pension payments
The new amount of old-age and disability insurance pension is calculated based on a simplified formula:
NSP = SSP + (IPK x SPB), where:
- NSP – new pension amount;
- SSP – old pension amount;
- IPC – the number of points as of January 1 of the year when the pension is recalculated;
- SPb – the cost of one pension point on the date of revision.
The calculation of the survivor's insurance pension is different. The formula is defined as follows:
NSPK = SSPK + (IPK / K / KNC x SPC), where:
- NSP – new amount of pension for the loss of a breadwinner;
- SSP - the old amount of the survivor's pension;
- IPC – the number of pension points determined based on the amount of insurance contributions not taken into account as of the day of the citizen’s death;
- K – coefficient of the ratio of the standard duration of the breadwinner’s insurance period, calculated in months, to 180 months;
- KNC – the number of disabled family members as of August 1 of the year when the recalculation is made;
- SPb – the cost of one pension point on the date of revision.
Women for children
Non-working pensioners can apply for a recalculation of their pension based on length of service in connection with the replacement of periods of work with so-called “non-insurance periods”. This includes maternity leave to care for a child from birth until the child is 1.5 years old. Recalculation of pensions is beneficial for women who have had more than 2 children, had a short work history and low salary.
According to the law, for each year of maternity leave a certain number of pension points is awarded:
- for the first child – 1.8;
- for the second – 3.6;
- for the third - 5.4.
Supplements to pensions for length of service
Some citizens are entitled to certain seniority bonuses for length of continuous work. They are appointed on an application basis. To receive additional payment, you must have a certain work and special experience. The following may apply for bonuses:
- workers who have worked for a certain number of years in the regions of the Far North (RKS) and in equal territories (TKS);
- military personnel;
- persons who have worked in difficult and dangerous conditions according to Lists 1 and 2 for a certain number of years;
- civil servants.
Please note that from 2021, citizens who have worked in the agricultural sector for more than 30 years are entitled to a monthly pension supplement in the amount of 25% of the fixed payment.
Only those applicants who permanently live in rural areas, have stopped working and have reached the generally established age for retirement will be able to receive a bonus.
Working in the Far North
Recalculation and indexation of pensions for citizens with “northern experience” occurs on a general basis. When calculating pensions, some of them are entitled to a bonus in the form of an increase in the fixed payment. To receive an increase in pension, men must have a total work experience of at least 25 years, and women - at least 20. At the same time, they need to work for 15 years in the RKS, and 20 years in the PKS. The amount of the supplement for non-working pensioners is:
- for length of service in the RKS – 50% of the basic EF;
- for length of service in the PKS - 30% of the basic EF.
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In difficult and dangerous conditions according to List 1 and 2
Citizens who worked on Lists 1 and 2 are entitled to a preferential pension. Although the professions in them are often repeated, the main differences are that the first includes professions with harmful and especially dangerous working conditions, and the second - with difficult ones. Pension Fund employees, when establishing and calculating the amount of pension payments for a particular person, choose the most profitable option for him, taking into account all the features of his work activity.
Recipients of pensions under List 1, who have work experience under List 2 and have reached the age entitling them to a pension under List 2, have the right to apply to the Pension Fund for re-registration and recalculation on this basis.
Please note that such recalculation is not always profitable. Firstly, this is due to the fact that when calculating pension payments under List 1, additional preferential criteria are used, for example, reduced requirements for total work experience. Compare: to assign security under List 1, men need to work 20 and women 15 years, while under List 2 – 25 and 20 years.
Transfer to a pension on another basis (recalculation) is carried out exclusively at the request of a citizen. The accrual of pension payments in an increased amount begins in the month following the date of application. Customer service employees of the territorial branch of the Pension Fund of Russia will check the feasibility of the recalculation and provide comprehensive advice.
Civil servant
State federal employees can increase the amount of pension payments for each year of work in excess of the required length of service. In 2019 it is 16 and a half years. When calculating the surcharge, the average monthly earnings of a civil servant (AMS) are taken into account.
For each additional year in excess of this standard, 3% of the monthly wage is due, but not more than 75% of the average monthly earnings.
In addition, for residents of the “northern regions” the pension increases by the regional coefficient. When moving to another area, its size is subject to revision or cancellation.
Military personnel under contract
Military personnel are entitled to additional payments for length of service. The size depends on the length of military service. With 20 years of pure military service, a pensioner is entitled to 50% of his salary plus 3% for each additional year. The total amount of the bonus for length of service cannot exceed 75% of the salary.
If a pensioner has a mixed length of service of 25 years, half of which (12 and a half years) were spent in the army, the increase will be 50% of the salary plus 1% for each year on top, but not more than 75% in total.
Annual indexation
The law provides for planned increases in the amount of cash support for all non-working pensioners. Indexation is carried out without a request. Insurance coverage increases on January 1. In 2021, it was indexed by 3.7%. Funded pensions are not subject to mandatory indexation. Social payments to pensioners will increase on April 1. In 2021 they increased by 2.9%. Pensioners will receive increased cash support from the month following the one in which indexation was carried out.
How to recalculate a pension on an application basis
The amount of recalculation of insurance premiums for previous periods is determined exclusively by Pension Fund employees. To receive increased pension benefits, you must adhere to a certain algorithm:
- Determine on what basis you can apply for pension recalculation.
- Collect the necessary documents giving the right to receive a bonus for length of service.
- Contact an authorized specialist of the Pension Fund or MFC in person or through a legal representative, if the latter has a notarized power of attorney.
- Fill out an application in the prescribed form and attach the prepared documentation to it. Please note that citizens who have an account on the State Services portal can submit an application online - through their personal account on the Pension Fund website.
- Wait for a decision. This will take up to 10 working days, after which the applicant must be notified of the results. If you refuse, receive a written justification.
List of required documents
Depending on the basis, the documents for recalculating the pension in each case will be different. The list of mandatory ones includes:
- an application drawn up in a special form;
- passport;
- certificate of compulsory pension insurance (SNILS);
- representative's passport and notarized power of attorney (if documents are not submitted in person).
Of the additional papers, only those that are not in the payment file will be required, but may affect the amount of the accrued pension. Please note that if it is not possible to submit the collected papers yourself, they can be sent by mail. In this case, the day of reception will be considered the date on the stamp.
Give up unnecessary benefits
A set of social services (NSS) is inextricably linked with the concept of a monthly cash payment. That is, all federal beneficiaries who are entitled to EDV also have the right to a set of social services. This is a set of services including the provision of medicines, sanatorium treatment and the opportunity to travel to him
.
The main thing you need to know about NSO is that it can be received in kind or in cash. Moreover, you can keep the necessary services in kind, and transfer the rest into cash. For the entire recruitment in 2021, they pay an additional 1,211.66 rubles
, and this sum consists of the following:
- free medicines, medical products and medical nutrition – 933.25 rubles per month;
- vouchers for sanatorium and resort treatment – 144.37 rubles;
- travel to the place of treatment and back – 134.04 rubles.
It is important to understand that if the beneficiary retains the right to free medications, he will be able to receive them for a larger amount - exactly as much as the attending physician prescribes to him. Therefore, for those who need expensive medications as prescribed,
It’s better not to give them up.
Getting a voucher is much more difficult (you also need a referral from a doctor), so most beneficiaries refuse them. In this case, 278.41 rubles are added to the EDV, which is not as bad as for unused services.
You must cancel the set of social services before October 1 of the current year in order to receive an increased pension from the next year. If desired, the application can be withdrawn before the end of the year.
In addition to federal benefits, you can receive the cash equivalent of some regional
. For example, Moscow pensioners can receive in cash the cost of free travel on city and suburban transport - 400 and 199 rubles, respectively; there are similar opportunities in other regions.
