How to apply for a survivor's pension, who is entitled to such a pension?

If a person loses a close relative who provided him financially, he can count on survivor benefits. The law determines who is entitled to such a payment and in what amount it will be paid. There is a clear list of possible pension recipients and several types of payments. To understand the intricacies of obtaining, read the material below.

Types of pension

In the Russian Federation there is an insurance pension in the event of the loss of a breadwinner. To whom it is issued and how it is calculated is regulated by Law No. 400 of December 28, 2013. It is assigned to all persons who were supported by a deceased citizen, if he managed to work for at least one day and deductions were made from his salary to the Pension Fund.

Dependents of military personnel, persons who are discharged into the reserve, or other citizens who receive a military pension, apply for survivor benefits under another federal law. State payments to these families are made from the Ministry of Defense and state budget funds. They are called state pensions. They are regulated by Art. 8 and 15 Federal Law No. 166 of December 15, 2001.

A social pension is paid if the deceased person has no work experience at all and in other cases prescribed by law. It is noteworthy that the recipients of social pensions and insurance are not completely identical. The conditions for issuing this type of state support are specified in Federal Law No. 166 of December 15, 2001.

Features that must be taken into account when going to court

However, based on practice, these pensions are granted under certain conditions. Thus, by decision of the court of the Kemerovo region, the demands of the child’s representative to grant him a pension were rejected. The court indicated that a systematic interpretation of the law allows us to come to the conclusion that a survivor's pension is paid to children who have lost their parents solely as a result of their death or recognition as missing. If they are lost for other reasons, no pension is granted. Considering that the birth certificate initially did not contain information about the mother and father, it follows that the child never had parents. From the moment of birth, the person represented was sent to a state children's institution for full state support; her mother abandoned her and left the maternity hospital; there is no information about her father. Thus, no legal relationship was established; no one fulfilled parental rights and responsibilities for maintenance and upbringing. The child was not a dependent, therefore, no rights arose to assign social payments as a measure of social protection for persons left without parental care.

She currently lives with the family that adopted her and has a socially protected status that guarantees the responsibility of the adoptive parents to fully support and provide for their adopted children.

Who will receive the insurance pension?

There are 2 conditions under which family members do not have the right to accrue an insurance pension in the event of the loss of a breadwinner:

• if the dependents themselves committed actions that led to the death of the breadwinner, and this is proven in court;
• if the deceased breadwinner did not work a single day officially.

All dependents of the deceased breadwinner who were supported by him can apply for this type of state support. The award of state benefits is not affected by the breadwinner’s overall length of service and the circumstances leading to his death.

The following are eligible for survivor's benefits:

1. Blood relatives and adopted children under 18 years of age. And those who study full-time at universities, technical schools, vocational schools, colleges on the territory of the Russian Federation and abroad until they reach 23 years of age.
2. Blood relatives and adopted children of any age, if they were recognized as disabled before they reached 18 years of age.
3. Parents or husband/wife of the deceased, if they are over 60 years old for women and 65 years old for men. And without taking into account age, if they are recognized as disabled without the ability to work.
4. Grandparents of a citizen, if there are no other relatives on whose support they could count and if they are over 60/65 years old, respectively.
5. The parents or husband/wife of the deceased breadwinner, who were not in his care during his lifetime, but have lost the opportunity to work. The right to state payments extends to such persons regardless of how long after the death of the breadwinner such circumstances occurred.
6. One of the parents, as well as husband/wife, grandfather, grandmother, brother, sister, child, who is 18 years old, but cannot work because they are caring for other minor dependent children of this breadwinner who is under 14 years old. They apply for a pension regardless of their age, because they cannot work independently, and regardless of whether they were dependent on a deceased citizen before their death.

Citizens who have adopted a child apply for insurance benefits in the same way as biological parents. And an adopted child is on the same principle as a natural one. Insurance payment for the loss of a breadwinner is received subject to the following rules:

• the deceased worked at least one day;
• the fact of death has been established;
• It is legally recognized that a person is considered missing.

The total amount for those eligible to receive insurance benefits consists of two elements:

1. Fixed part, it is changed by the state annually. Since 2019 it is 10,667.10 rubles. For an orphan the amount is 5,334.19 rubles.
2. Insurance share. The formula for calculating the amount of this payment is as follows: the product of the pension point of the breadwinner, accumulated during his work, and the price of the pension point, which is accepted in the calculation period.

If a child has lost both parents, then when granting benefits, the pension points of the father and mother are summed up. If children have lost their mother, who raised them independently, the payment amount is doubled.

Who is eligible to receive benefits and payments?

The right to pension payments is regulated by the Law “On State Pension Provision in the Russian Federation” of 2001. It defines the categories of people who can receive a survivor's pension in 2021:

• children of the deceased under 18 years of age;
• children of the deceased breadwinner up to 23 years of age, if they continue their studies after school at a university or college. Important addition: this only applies to face-to-face training;
• spouse (if he or she cannot work, cares for a person with a disability or has a disability himself);
• elderly parents;
• sisters and brothers;
• grandma or grandpa.

This is a comprehensive list. In practice, there are much fewer people who are entitled to benefits. In order for relatives to be eligible for payments, they must meet several criteria:

• be disabled;
• not have other able-bodied breadwinners (this does not include children);
• not cause the death of the breadwinner.

Adopted children have absolutely the same rights as their own children. The child's survivor's pension is calculated according to the same legislative norms.

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Who is entitled to social pension?

If the breadwinner has no seniority at all or his death occurred due to the unlawful acts of a dependent that were proven in court, then a social rather than insurance pension will be assigned. Also, dependents of a military man who died while committing a crime apply for social benefits for the loss of a breadwinner and this fact has been proven in court. Children receive this type of payment until they reach the age of 23, when they are studying full-time and there is no opportunity to go to work and become a fully capable citizen.

The amount of social pension in 2021 is 5,134.94 rubles, for orphans - 10,268.88 rubles. The amounts are given taking into account the indexation of 2% made from 04/01/2019.

If the pension payment does not reach the minimum subsistence level adopted in a given federal district, then the authorities raise it to the established level. The same rule applies to insurance payments. It should be taken into account that children in this situation are recognized as pensioners, and the additional payment will be made up to the subsistence level of the pensioner, not the child.

Where to apply

Applicants for any type of survivor's pension must contact the branch of the Pension Fund of Russia at their place of registration:

• personally;
• through another person, having previously written a power of attorney for him;
• via the Internet (government services or the Pension Fund website);
• through the MFC;
• by mail.

Write a statement along with the collected package of documents. It will be reviewed within 10 days from the date of submission.

How to re-register and restore

Re-registration will be required for children who have reached the age of majority but are continuing their education. If you submit an application in September, regular payments will resume in October, and previous months will be recalculated.

Termination of payment

The pension will stop being paid if:

• the child, sister, brother and grandson of the breadwinner will turn 18 or 23 years old if they are a full-time student at an educational institution;
• the recipient will not be extended the status of “disabled person” received before the age of 18;
• the brother, sister, child or grandson of the breadwinner, who is being cared for by pension recipients, turns 14 years old;
• the widow of a military man who served under a contract and died due to a military injury will get married;
• pension recipients will officially get a job. The exception is relatives of military personnel who served as conscripts as soldiers, sailors, sergeants and foremen. Such relatives are allowed to work and receive a pension at the same time.

State pensions for military dependents

Dependents of military personnel who died in the line of duty, are declared missing, or die from injuries are awarded a state pension. Its size is 50% of the allowance that the military received minus correction factors. The minimum amount is 200% of the social pension. In 2021, the amount is 10,068.53 + 2% = 10,269.9 rubles, indexation from April 1.

In the situation of the death of a military man for reasons not related to military service, relatives will receive 40% of the allowance or 150% of the social pension 7,551.40 * 2% = 7,702.43 rubles, taking into account the adopted indexation from April 1, 2021. Each subject of the federation may have its own adjustment coefficients.

Can they transfer a smaller amount?

The state is trying to provide vulnerable segments of the population with financial support. There are reasons why, at the legislative level, funds are withheld from the main income, so less money comes through a postal transfer or to a bank card.

In 2021, the state carried out a number of economic reforms, and previously there were political upheavals - all this was reflected in pension accruals. The pension may arrive differently due to individual factors that influenced the change in transfers.

Attention! In any case, you need to find out how legal the deductions are. Instead of an interested party in financing, no one will do this.

List of documents and to whom to provide them

Before applying for a pension, the applicant must collect:

• statement;
• general passport or birth certificate (for persons over 14 and under 14 years old, respectively);
• death certificate of the person;
• documents on kinship: birth, marriage, adoption certificates;
• an extract from the work book or other document replacing it, which reflects all periods of work or activities equivalent to it;
• additional documents on request.

The application is completed on the day when all collected documents are completed correctly. If an applicant submits a request to the Pension Fund through the State Services portal in the Personal Account, then it is not necessary to prove his identity and age. The territorial branch of the Pension Fund of the Russian Federation can assign a pension to a citizen based on personal registration data, then, if the recipient agrees with the established amount, there is no need to provide additional information.

A person applying for a pension for the loss of a breadwinner has the right to submit a list of the specified documents to the local PF body according to registration, place of residence, to the MFC or through the post office. It is possible to send an application electronically through the Personal Account of the Pension Fund or on the State Services portal. Other ways are to apply in person, through a representative or employer. Non-residents who have left the Russian Federation submit a request for a pension to the head office of the Pension Fund, which is located in Moscow. The Pension Fund has 10 working days to consider the application and other submitted documents received from a person applying for a survivor’s pension.

Before the pension fund has assigned a survivor's pension, and funds for current needs are needed, Brobank.ru advises choosing a credit card with a grace period for servicing. Banking products include credit cards with interest-free use for 30, 55, 90 and 100 days. When the pension is accrued, the funds can be returned to the bank that issued the plastic means of payment, and the user will not lose his own funds.

If you apply to a government agency before the expiration of 12 months, the pension is assigned from the date of death. If you applied after a year, the benefit will be issued from the date of filing the application with the Pension Fund.

How to find out the reason

When there are no official notifications in the media regarding adjustments to standards for social benefits, it means that you will have to find out the reason for the reduction in pensions yourself. The best informant about all changes is the State Services portal. Here information is collected about each citizen, his penalties, debts demanded by the court.

You can register on the official website through the bank where you open an account where the pension is received. After authorizing your personal account, all the functionality of the resource will become available, but you need to select the “pensions, benefits and benefits” section. Receiving a service about the status of your personal account will clarify the current situation . It is necessary to perform sequentially all the actions suggested by the service prompts. The system will automatically create a statement showing the transaction history.

Benefits for children who have lost their breadwinner

Municipalities also provide financial support to families who have lost their breadwinner. In the regions, local authorities help in the following ways:

• assign an annual compensation for the purchase of a change of clothes;
• provide milk formula for infants until they reach 2 years of age;
• provide free prescriptions for children under 3 years of age;
• provide free kindergarten up to 7 years of age;
• rent books free of charge at school and provide 2 meals a day in the school canteen to children from 7 years of age;
• Free lunches are provided for students of technical schools and colleges.

Payments to students

If dependents are full-time students at a Russian or foreign educational institution, then benefits will be paid while they are studying. They can graduate from one educational institution and enroll in another - their pension will not be cancelled.

But as soon as the student turns 23, payments will stop, regardless of whether the studies are ongoing or have ended. True, if such a student received disability before the age of 18, then a pension will be assigned either until the end of his life or the date the disability is removed.

How do minors and other citizens receive payments?

Survivor benefit is monthly. It can be received by the recipient himself or entrusted to a trusted person. When receiving a payment under a power of attorney for a period of more than 12 months, the pensioner is obliged to annually confirm the fact of his location at the place of registration.

The recipient has the right to independently decide how he will receive benefits:

• in person at home;
• at the post office;
• from the bank account where the subsidy will be credited;
• withdraw from the personal current account that was indicated in the Pension Fund for funds.

The main feature of delivery to persons under 18 years of age is that the amount can be transferred either to the account opened by the child or to the name of his legal representative. But, starting from the age of 14, the recipient has the right to manage and receive funds independently, without the consent and permission of the parent, guardian, or guardian. On Brobank.ru you can choose which bank to open an account in, to which you can subsequently link a card and use it in any convenient place.

about the author

Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]

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Establishment of maternity and paternity

The origin of the child from the mother (maternity) is established on the basis of documents confirming the birth of the child by the mother in a medical institution, and in the case of the birth of a child outside a medical institution, on the basis of medical documents, testimony or other evidence.

The paternity of a person who is not married to the child’s mother is established by submitting a joint application to the civil registry office by the father and mother of the child; in the event of the death of the mother, her recognition as incompetent, the impossibility of establishing the whereabouts of the mother, or in the event of deprivation of her parental rights - at the request of the child's father with the consent of the guardianship and trusteeship authority, in the absence of such consent - by a court decision.

Comments: 6

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Kirill
   08/26/2021 at 22:35, tell me, is the survivor’s pension a social benefit, and can they withhold a portion of it if they declare themselves bankrupt?
   Reply ↓ Anna Popovich
   08/27/2021 at 20:05

   Dear Kirill, the Plenum of the Armed Forces of the Russian Federation has clarified that only payments received by the debtor and intended for the maintenance of other persons are not included in the bankruptcy estate. In particular, a survivor's insurance pension assigned to a child. In other cases, these amounts are also included in the bankruptcy estate.

   Reply ↓

What is a survivor's pension?

This pension is social support for people who have lost their breadwinner. That is, these are regular monthly payments that should help financially after the death of a loved one.

To understand what a survivor's pension is, you need to clearly define the basic concepts:

• breadwinner - an able-bodied person who gave part of his earnings to provide for his family members;
• dependents are people who receive payments after the death of the breadwinner. These are disabled family members who are entitled to financial support by law.

The size of the pension depends on many factors. First of all, whether the breadwinner worked. Secondly, who did he work for?

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