Compulsory insurance has such an element - funded pensions, it is formed from deductions from the salaries of citizens. The legislation established how to obtain the pension savings of a deceased relative. The death of a citizen before the start of a well-deserved rest or when he continued to work and transfer contributions, regardless of age - cases that give his relatives inheritance rights. This procedure is regulated by Federal Law No. 424, Article 7, Clause 6.7.8. The legal act describes the procedure for registering the accumulated funds by one of the spouses, any close person who has the rights of the successor to the inheritance.
Succession Law
Citizens have the right to pre-determine the heirs of property. They can indicate the shares of each in the event of their own death. How to get the pension savings of a deceased relative, they will tell in the department where the cash was formed, if their owner submitted an application indicating in what order he wants to distribute the money between the persons established by him.
When such petitions have not been received, the right to inheritance belongs to loved ones:
- first line: this includes biological and adopted children, husbands and wives, parents, adoptive parents;
- the second group includes brothers, sisters, grandfathers, grandmothers, grandchildren.
How to get the pension savings of a deceased relative in Russia - in equal shares, if they are from the same category. The second group inherits funds if the testator does not have closer relatives.
In what cases do transfers
When and how to get the pension savings of a deceased relative, they will be explained in the FIU when the following situations occur:
- Payment is not assigned, and recalculation is not made on the additional funds received, except for mat. capital allocated for future retirement.
- Urgent retirement benefits have been assigned. Residual funds are transferred to the assignees, with the exception of family capital, which was used to form the pension.
- State security is executed, but lump sum payments have not been received. If adult family members live with the testator, they begin to find out the procedure for how to receive the pension savings of a deceased relative after 6 months from the day of his death.
For disabled dependents of the deceased, the requirement of living with him does not apply.
Interesting fact
It should be noted that with perpetual payments, if a pensioner has died, nothing will be distributed to his heirs.
In what way the citizen chooses to receive savings:
- perpetual;
- urgent;
- one listing.
Why is it impossible to get the pension savings of a deceased relative, how does the process function for an unlimited period? The insured pensioner receives accruals every month. The fund sets the size of transfers depending on the length of the period, the basis is the life expectancy of citizens according to official statistics of the state.
Every year, the digital value increases, in 2018 it was equal to 246 months. This means that a person after completing a pension can live this period. Total savings are divided by 246, they receive the amount that will be received by the pensioner until the end of his life. The legislator has established that if a citizen is transferred at least once the monetary equivalent of an indefinite appointment, the heirs lose the right to the remaining funds, they are not subject to compensation.
Payment Methods
How to get the pension savings of a deceased relative after 6 months? This period is determined for applying for the inheritance, first of all, you need to declare your right to the Pension Fund or where the finances are transferred. Deadlines are restored, if they are missed, in court. Documents to confirm family ties are attached to the application. The rules for the payment of funds accumulated for pensions approved the list of documents, it was established by the Government Decree of the Russian Federation No. 711 of 30. 07. 2014
Enumerations are performed in the following order:
- the assignee will receive the money in the month following the decision by the payment commission, not later than the 20th;
- the resolution is adopted in 7 months, the countdown is from the date of death of the insured person;
- The verdict is sent within 5 days after the decision.
Calculation arrives:
- to the address of the place of residence by postal order;
- to a bank account.
The heir indicates in a statement how to transfer money to him.
Who has accumulated funds
The question of how to get the pension savings of a deceased relative in the Russian Federation will be clarified by the information from whom they were created. The formation of the cash equivalent for pensions occurs for all employees born in 1967 and after. Many citizens participate in a co-financing pension program, mothers are allowed to send funds from a family certificate, they are issued for the birth or adoption of 2 children. In addition, financing was formed from 2002 to 2004 for men born from 1953 to 1966. and women from 1957 to 1966
Documentary support
To find out how to get the pension savings of a deceased relative in an NPF, you have to contact the organization with which you have a contract. The service is declarative in nature; employees themselves will not search for heirs. As annexes to the submitted application are:
- applicant's identity card;
- certificates of marriage, birth, adoption - any document confirming kinship;
- court ruling, if the term of inheritance is violated, the verdict requires wording on the entry into force of the decision;
- confirmation of the death certificate of a citizen;
- insurance documents;
- bank statement about the open account to which the money will be transferred.
The successors of the deceased, in order not to seek funds through the courts, will need not to miss the deadlines, but to file a petition on time, within six months after death. There are exceptions in these requirements for relatives of persons who died from 01.01.2002 to 20. 05. 2005. They do not need to restore the missed deadlines by judicial procedure, such an explanation is given in the FIU.
What are the stages of the transfer?
How to get the pension savings of a deceased relative in Sberbank? You need to draw up a debit card. If the recipient is a payroll client, they transfer to the fund a current account, to which all the citizen's income is received. You can cash money without commissions at any ATM belonging to Sberbank. Large amounts have to be ordered in advance, since the organization issues only 50,000 rubles per day.
Accumulations come in parts:
- the first to transfer cash from the personal account, which were taken into account during the decision on the need for transfers;
- the second stage includes additional payments, this appointment is accepted within 7 months of the next year from the date of the main transfers.
Additional amounts may contain received after death:
- insurance premiums;
- transfers from the place of work;
- financial results from placements of contributions;
- income from investments.
When citizens keep their accumulated funds in pension funds, but do not live to retirement, the money is transferred to the heirs, where the most guaranteed category is its dependents, since they have lost the source of security.
The concept of a unified accumulative pension fund
The UAPF shareholders and founders are the Government of Kazakhstan. Trusts the funds of the National Bank of the state.
Pension contributions are sent to the UAPF:
- state;
- individual;
- voluntary.
Deductions from the income of citizens equal 10% of their earnings. The total amount of funds will materially provide a working person in old age, if he transferred money during his working period. It is impossible to remove them ahead of schedule, since the savings are intended to contain a person in old age. You can enter into a financial annuity with a company operating on a pension annuity, if a sufficient amount has accumulated on the account.
Where do the accumulations go?
The funds are accepted by the insurance company, where they will be located until the owner reaches the age for retirement. He will receive money from his own savings in parts stipulated by the legislation of the state.
Early admission is permitted when the medical commission determines unlimited disability or its first groups. The accumulation of individual retirement accounts is property that belongs to the investor and can be stored there for an indefinite period.
How to get the pension savings of a deceased relative in Kazakhstan, the inheritance order - the employees of the communication department from the UAPF answer these questions. Experts assure that the accumulated money of citizens will be transferred to relatives in full, if a death occurs for the owner, the finances will not go to the state budget and will not disappear.
The succession order in the republic is distributed in the same order as in Russia. To pay the money, submit an application and a set of documents proving the rights of successors and kinship.
Litigation
They apply to legal instances when there is no other option, but only how to get the pension savings of a deceased relative through a court. Although the chancellery will not be sued if measures are not taken for a peaceful settlement.
It is necessary to prove documented that the NFP made an unreasonable decision. If the terms of treatment are violated, they will be restored by judicial procedure. With this decision, they again come to the fund, transfer the decision, on its basis the money will be transferred.
How to get the pension savings of a deceased relative in 3 years
There is a certain order of inheritance. If a period of 6 months is missed, it is extended by the justice of the peace when the heir appeals, despite the 3-year limitation period for this procedure.
Judges take the side of the consumer. At the same time, there is no difference how much time has passed, the remaining balances remain in the accounts of the owners, they are invested under the terms of the agreement. The heirs do not have to worry about how to receive the pension savings of the deceased relative in 7 years or 10, but the fund will accept the application for payments together with the court decision. These are not allegations, but cases of judicial practice.
What is needed for a lawsuit
If a citizen needs a written verdict from the department, in the same way he must request it, file a petition to resolve the dispute or restore the missed deadlines.
The application indicates the reasons that became an obstacle to the applicant, why he violated the legislative provision. One of the conditions of the court, before accepting an application of a hereditary nature, is the availability of a notary's certificate. It gives clear information about the number of heirs of the deceased testator, the data are in the notarial database. One relative cannot draw up all his property in his own name.
For one person, with the existence of a whole group in one line of succession, no one will even consider the case. An application is submitted on behalf of all the heirs, the term is extended subject to the division of property into shares. Who does not need funds, they must refuse them. The notary public has a special form for this case.
The death of a person is a sad fact, while the burden on relatives is the burial of the body, which is a rather costly procedure. In many ways, this became the reason for allowing close people to legally receive his last pension for a pensioner and inherit the savings that he transferred to the FIU and non-state funds.