How to write a complaint to the Pension Fund: sample and instructions

The legislative framework

Unfortunately, the reform of pension legislation each time makes it more and more difficult to understand not only by ordinary citizens, but even by pension workers themselves. Therefore, they often make mistakes when calculating length of service, amount of payments and other issues. If you have the right to receive any payment, we strongly recommend that before contacting the Pension Fund you contact a lawyer to find out:

• what documents will be required to obtain, and which the Pension Fund of the Russian Federation has no right to require;
• how to calculate the length of service required to receive a pension in your individual case;
• the size of the payment itself.

With this knowledge, you can confidently submit an application to the Pension Fund and not be afraid that your rights will be violated.

However, before writing to the Pension Fund of the Russian Federation, it would not be amiss to personally familiarize yourself with the main regulations in accordance with which the Pension Fund carries out its activities:

• in 2021, the Board of the Pension Fund of the Russian Federation approved administrative regulations for the provision of services, which describe in detail all the conditions for receiving a particular service, including: who has the right to receive the service, an exhaustive list of documents to be provided, deadlines, etc., up to requirements for the premises in which the service is provided. Any violation of these regulations may be appealed;
• Federal Law of December 15, 2001 No. 167-FZ, Federal Law of April 1, 1996 No. 27-FZ - regulation of compulsory pension insurance;
• Federal Law No. 166-FZ of December 15, 2001 – on types of pensions and the procedure for their appointment;
• Federal Law No. 256-FZ of December 29, 2006 – on maternity capital and the general conditions for its payment;
• Federal Law No. 210-FZ of July 27, 2010 - contains general rules for the provision of public services, including the procedure for appealing actions and inactions of government agencies;
• Decree of the Government of the Russian Federation dated August 16, 2012 No. 840 - on the procedure for filing and considering complaints about violations by government agencies.

What issues can be resolved via the hotline?

The PFR hotline for individuals operates around the clock, so you can contact a consultant at any convenient time and get answers to almost all your questions. Consultants will kindly provide information on the following general questions:

• Why do you need SNILS, how to get it, and where can you see its unique number?
• How much will the insurance pension be indexed this year?
• What is maternity capital? Who can be its recipient? What documents must be provided to obtain a certificate? What can the funds allocated by the state be used for?
• How is the pension reform proceeding and what will happen to compulsory insurance payments in the near future?
• Is it possible to consult with a specialist directly on pension registration issues? Is it possible to complete all documents remotely? How to sign up for the electronic queue in order to come to the right consultant strictly within the allotted time?
• What package of documents do I need to prepare to receive a certain social contribution?
• How to create and use a “personal account” in the future? What to do if you don’t have an account with State Services?
• Is it possible to transfer accumulated state pension funds to a non-state pension fund? Is such a transfer possible without the consent of the owner of these savings?
• Where can I find information about the servicing PF located in the region of residence of the citizen? How to contact the desired PF branch?
• How to understand the work of the official PF website?
• Why was there a delay in pension payment?
• How can you increase your pension?
• What bonus will a pensioner receive if he continues to work officially?

In addition to questions, citizens can express gratitude, or, conversely, leave a complaint about the work of a specific PF unit as a whole or an individual specialist.

Grounds for appeal

Let's consider the most common reasons for complaints about the actions of employees of the Pension Fund of the Russian Federation.

Incorrect calculation of pension accruals

This is perhaps the most common reason for citizens’ dissatisfaction with the work of the Pension Fund. The formula for calculating the amount of pension payments is quite complex and depends on many factors: year of birth, place of residence, length of work experience, working conditions, profession, etc. Therefore, Pension Fund employees often do not take into account all factors and assign a lower pension level than expected.

In this case, it is important to appeal the decision of the Pension Fund by presenting correct calculations and evidence of all factors influencing the calculation.

Inappropriate behavior of Pension Fund employees

In some cases, the fault of inadequate service in Pension Fund branches is the human factor: employees are rude and rude, provoke the formation of long queues, or unreasonably refuse service.

In these cases, you should file a complaint with the head of the relevant department so that the service is provided properly and disciplinary action is taken against the incompetent employee.

Refusal to provide services

The pension fund is obliged to accept submitted applications and packages of documents; a refusal to accept them, as well as a demand for documents beyond the list specified by the regulations, is unlawful. The application may be returned, but the basis for the return must be strictly justified in accordance with the law.

Violation of deadlines for decision-making and provision of services

The deadlines for consideration of applications are contained in the above regulations. Thus, the consideration of the application and the decision to issue or refuse to issue maternity capital is carried out within a period not exceeding five working days from the date of receipt of the application. If these deadlines are violated, this is a reason to contact higher authorities.

The Pension Fund's decision contains errors and typos

Errors in documents can cause them to lose their validity. Therefore, it is important to carefully check the documents issued by the government agency and, if necessary, apply for their correction.

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Procedure for appealing actions and decisions of the Pension Fund

Although the law calls the pre-trial appeal procedure a citizen’s right, and not an obligation, in fact it is impossible to appeal the actions and decisions of Pension Fund of Russia employees in court or other authorities without first filing a complaint directly with the Pension Fund itself. Therefore, you need to start complaining in the following order.

1. The head of the territorial branch of the Pension Fund considers complaints about the actions of employees of his branch, including rudeness, refusal of service, etc.
2. The decisions of the head of the territorial branch must be appealed to a higher branch of the Pension Fund. As a rule, they are called regional departments.
3. The actions and decisions of the regional management of the Pension Fund are appealed to the central (Moscow) branch of the Pension Fund. Also, if you are faced with a significant violation of the deadlines for providing services or making payments, it makes sense to complain directly to the central office, since it monitors compliance by territorial offices with legislation and the quality of services provided.
4. If complaints to all authorities of the Pension Fund have led nowhere, you need to restore your rights through the courts.
5. The decision of the Pension Fund of the Russian Federation can be appealed to other government agencies, but such complaints do not give a positive result in all cases. However, you need to use every opportunity to protect your rights, so we’ll tell you where else you can complain about the work of the Pension Fund:
   The Administration of the President of the Russian Federation considers complaints about any violation of legislation by government bodies. You can also report corruption there. You can read more about how to write an appeal to the President in our article.
6. The Prosecutor's Office of the Russian Federation is also authorized to consider complaints about violations of the law. The procedure for filing and considering a complaint at the prosecutor's office has its own specifics.

General rules

All individual entrepreneurs and organizations that use hired labor in their activities are required to calculate and pay insurance coverage in favor of insured citizens. Thus, companies are required to transfer contributions:

• for compulsory pension insurance;
• for compulsory health insurance;
• for temporary disability and maternity;
• for occupational diseases and accidents.

The current procedure and terms for calculating insurance premiums are enshrined in Chapter 34 of the Tax Code. And contributions for injuries are regulated in Law No. 255-FZ. Let us recall that until 2021, insurance coverage was credited directly to extra-budgetary funds (FFOMS, Pension Fund and Social Insurance Fund). Currently, all payments are subject to credit to the Federal Tax Service, since tax authorities are recognized as the new administrators of insurance premiums.

Methods of contacting the Pension Fund

Regardless of the level of office to which you need to send a complaint, there are several ways to submit it.

Personally

If possible, the easiest way is to come to the department in person during reception hours. However, verbally expressing complaints will not be enough: you must submit a complaint in writing. To do this, you need to make a complaint in two copies: one will be accepted for consideration, and the second will be marked as received and returned.

This copy will serve as proof of contact with the appropriate authority.

By mail

The complaint should be sent to the location of the relevant department. Contacts of the branch you are interested in can be found on the official website of the Pension Fund. The letter to the Pension Fund must be sent by registered mail with acknowledgment of receipt. Such a letter can be tracked on the Russian Post website, and the receipt notification will be proof that the complaint has been accepted for consideration.

In electronic form

An electronic appeal is convenient because you can send it without leaving your home, simply by filling out a form on the official website of the Pension Fund. To draw up an appeal through the online reception of the Pension Fund of the Russian Federation, you will need SNILS, as well as scans of documents that must be attached to the complaint. The maximum length of an appeal is only 2000 characters, so it needs to be succinct and concise. The response to your email will be sent to the specified email address.

List of numbers by regions of Russia

Instead of the old number 8 800 302 2 302, you can now reach the Pension Fund at the following number: 8 800 250 8 800.

Time limits for consideration of complaints to the Pension Fund of Russia

The period for receiving a response to a complaint should be counted from the moment it is received by the Pension Fund of Russia. This is the date when you brought the complaint in person or sent an email, or the date the Pension Fund of Russia office received the letter with the complaint, which is indicated in the receipt receipt. Further, the period should be calculated as follows:

• the complaint is registered within 1 working day;
• As a general rule, 15 working days are allotted for consideration of a complaint, but for some cases a shorter period of consideration is established. Complaints are reviewed within 5 working days:
• to refuse to accept documents;
• refusal to correct typos and errors;
• for violation of the established deadlines for such corrections;
• if the complaint is satisfied, measures must be taken to eliminate the identified violations within 5 working days;
• the response based on the results of the review is sent no later than the business day following the day the decision is made.

Thus, the maximum period for the Pension Fund to respond to an application is 17 working days, and within 21 working days the violation must be eliminated.

When a complaint is left unanswered

If the complaint contains obscene language or insults to employees, as well as a threat to life, property and health, it will be left unanswered. If the text contains a part that is impossible to read (a handwritten complaint), it will also not be considered, but will be asked to be rewritten.

Regarding the refusal to satisfy the complaint

, this will happen in the following cases:

• a court decision on a complaint on the same subject and on the same grounds has entered into force;
• there is a decision that was previously made on a complaint about the same subject;
• the complaint is filed by an unauthorized person who acts without a power of attorney.

Decisions on complaints can be appealed to higher authorities

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How to file a complaint to the Pension Fund of Russia?

The law does not provide for a special form of application to the Pension Fund, so the text can be written freely. However, there are still a number of requirements for a complaint.

Firstly, in accordance with Government Decree No. 840, the complaint must contain the following information:

• the name of the PFR branch where the complaint will be filed, as well as, if necessary, the full name of its head;
• personal data of the applicant: full name, address, telephone number, SNILS, email address (if the response is required in electronic form);
• the essence of the appeal: which actions are being appealed, which officials;
• justification for the complaint, including the documents required for this.

Secondly, additional requirements for applying to government agencies are established by Federal Law No. 59 of May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation”:

1. A written complaint on paper must be dated and signed.
2. The application must not contain insults or profanity, otherwise it may be left without consideration.

Thirdly, all legal nuances should be taken into account. As mentioned above, the claims in the complaint must be justified, i.e. supported by relevant documents and references to the provisions of the law. Here everything largely depends on the circumstances in each specific situation, so it is better to seek advice from a lawyer.

In addition, when writing, you must adhere to a business style of presentation, succinctly and concisely describe the circumstances of the complaint, and maintain chronological order. It is also better not to deviate from the topic of the address, not to make lyrical digressions and exclude the emotional component.

Taking into account the above, the structure of the complaint to the Pension Fund consists of the following elements:

1. The header of the document, which indicates information about the applicant and recipient of the complaint.
2. The essence of the appeal, consisting of:
   descriptions of circumstances with a sequential presentation of events;
3. the motivational part, where the applicant substantiates his claims with references to documents and legal norms;
4. the petition part, which indicates specific measures expected from the Pension Fund.
5. Enumeration of applications.
6. Date and signature if the document is on paper.

To draw up a complaint yourself, you can use our sample complaint to the PRF against a decision.

Sample complaint

Making an application: step-by-step instructions

According to the current regulations of the Pension Fund, citizens will have to draw up an application for recalculation of their pension in the established form. The form is enshrined in Appendix No. 2 to Resolution of the Board of the Pension Fund of the Russian Federation No. 16p.

The form has a rather complex structure. Use step-by-step instructions:

Step 1. In the header of the document indicate the name of the territorial branch of the Pension Fund to which the application will be sent.

Step 2. Now fill out Information Block No. 1, indicating one by one:

• FULL NAME. the applicant;
• insurance number;
• citizenship;
• registration and residence addresses;
• phone number;
• We enter the passport data in a special plate;
• Determine the gender of the applicant - put a mark in the appropriate field.

Step 3. Information block No. 2 is filled out only if an authorized representative is involved in the registration. Fill in the appropriate fields about the attorney. Please provide the details of the power of attorney separately.

Step 4. In Information Block No. 3 of the application, indicate the type of pension that needs to be recalculated. Make marks opposite the reasons for the recount. It is allowed to make several marks at once. If the required reason is not available, then enter it in the appropriate “Other” field.

IMPORTANT!

If you need to recalculate several types of pensions at once, you will have to fill out an application for each type. Otherwise, there will be confusion in the document, which will delay the consideration of the issue.

Step 5. In Information Block No. 4, we indicate information about the current status of the applicant. We note whether the citizen is currently working. Then we determine the number of dependents. If they are missing, then we write the word “no”.

Step 6. Get acquainted with the information from block No. 5.

Step 7. In block No. 6 you must indicate all the documents attached to the application.

Step 8. Information block No. 7 is intended to indicate the feedback form. The applicant independently determines the method convenient for him.

Step 9. In the last column, indicate the date of the application. Put your handwritten signature and indicate the transcript.

This is what a completed application for recalculation of pensions for working pensioners looks like:

Appealing decisions of the Pension Fund in court

The practice of appealing the actions and decisions of the Pension Fund in court is quite common, since this is often the only way to achieve justice. It makes sense to go to court when you need to get the Pension Fund to make a positive decision or recalculate pension payments. The court will consider the case on its merits, so with the right argumentation there is every chance of getting the claim satisfied.

It is better to entrust the drafting of a statement of claim to lawyers, since it is important for the court to have a legally competent substantiation of the claims. In addition, lawyers know the prevailing judicial practice and will be able to present more compelling arguments for the court.

Contents and samples of claims

If you decide to file a claim yourself, the easiest way to do this is to use previously written complaints as a basis. The following changes will need to be made:

• The name of the court in which the claim will be filed is written in the header of the statement of claim. The statement of claim is filed with the district court at the location of the territorial body of the Pension Fund of Russia, whose actions are being appealed. The plaintiff (applicant) and the defendant (PFR branch) are indicated;
• to the statement of circumstances in the complaint, a brief description of the pre-trial settlement of the dispute should be added: filing a complaint and responding to it;
• to the basic requirements you can also add a requirement for compensation for moral damage and payment of interest for the use of other people's funds;
• attach all the documents that were attached to the complaint, as well as the complaint itself and the response to it.

Sample claim

Sample claim

Sample claim

Sample claim

Application procedure

To file a claim in court, you must:

1. Pay the state fee. The state duty upon application will be 300 rubles. Pensioners and disabled people of groups I and II are exempt from paying it. A receipt for payment is attached to the statement of claim.
2. If the application is submitted in paper form, you need to print out the statements according to the number of persons participating in the case: for yourself, the defendant and the court. Copies of the attachments must also be printed for the court and for the defendant. The originals should be kept with you and will only need to be taken with you to the court hearing.
3. Take to the post office a copy of the claim for the defendant along with the attachments and send it to the PRF branch by registered mail with acknowledgment of delivery. Receipts of delivery will also need to be attached to the claim in court.
4. Apply to the court. This can be done in three ways:
   come to the court office and hand in the documents in person. Then the secretary will mark your copy as having been received and take away the claim along with all the attachments;
5. send the claim by registered mail;
6. use the electronic system of GAS Justice and send documents electronically in PDF format. This will require authorization through the ESIA.

The consideration of the case will take about two months, unless it is necessary to appeal the court decision to a higher authority.