Pension on loss of a breadwinner: size, procedure for registration

The loss of a loved one is always grief. It becomes especially difficult for a family when the deceased was the sole breadwinner. The state, taking care of its citizens, develops and implements various programs for social support of the population. So, the current legislation provides for a pension in case of loss of the breadwinner. Consider the features of this payment.

General information

Currently, there are 3 types of survivor pensions: state, social and insurance. Until Jan 1 In 2015, the latter was understood as the payment due to citizens who retired on old age.

Currently, the appointment of a survivor's pension is carried out according to the rules enshrined in Federal Law No. 400.

The specifics of benefits

Persons left without financial security due to the death of a close relative are paid a survivor's pension depending on who the citizen was during his lifetime. If he was an astronaut, a military man, injured in a man-caused / radiation disaster, a state payment is assigned. If a citizen has not been officially employed for a single day or death was the result of the actions of his relatives, a social allowance is due. If a person was officially employed and taxes and contributions to the FIU were deducted for him, the family can count on an insurance pension for the loss of the breadwinner.

Each payment has its own accrual rules and the circle of subjects of law. At the same time, in order to obtain any type of survivor's pension, it is necessary to prove the fact of the death of a citizen. This can be done by providing the authorized body with a death certificate or a court order recognizing the person as missing.

Legislative changes

In July 2017, amendments to the law governing the payment of pensions were adopted. A new concept was introduced into the normative act - the social survivor pension for children whose parents are not known. The amount of such benefits is a little more than 10 thousand rubles. These amendments entered into force on 2018, January 1. The survivor's pension will be accrued from the moment of making an entry in the civil registry.

General rules of appointment

The survivor's pension is paid:

1. Children, brother / sister, grandchildren of the deceased - up to 18 years old, or up to 23 years old, if they are studying full-time. Upon reaching the specified age, payments cease.
2. Spouses, grandparents, parents, and also minor relatives who have received a disability group - for life. If the group was not received, then payment is made according to other rules.
3. Until the children, grandchildren, brother / sister of the deceased, who are being cared for by the beneficiary, are under 14 years old.

A survivor's pension is not granted if:

1. The widow of a soldier who was in the ranks of the Armed Forces under a contract and who died in the line of duty will marry.
2. The recipient will officially get a job.

In the latter case, an exception is provided. Relatives of servicemen who were in the ranks of the Armed Forces on conscription can be employed and receive a pension for the loss of the breadwinner.

Benefits in 2017

For convenience, the size of the survivor's pension is presented in the table.

Payments under the Ministry of Internal Affairs

The amount of the survivor's pension cannot be less than 200% of the social benefit if:

• Death occurred as a result of an injury sustained in the performance of duties.
• A military pensioner died who at the time of death was an invalid in connection with the injury.

In addition, the allowance is provided for children without both parents, and also if the child was raised by a single mother. In all these cases, the survivor's pension until April 1. 2017 amounted to 9919.70 rubles., From April 1 - at least 10177.61 rubles.

If a citizen has died from a disease received in the process of fulfilling duties, the benefit should not be less than 150% of the social payment. Until Apr 1 In 2017, the amount of the pension for the loss of the breadwinner was established in the amount of 7,439.78 rubles, and from April 1 - 7,633.21 rubles.

Subjects of law

Pensions under the Ministry of Internal Affairs are paid to relatives of breadwinners who served:

• In ATS.
• By conscription as an officer, midshipman, ensign or by conscription as a soldier, foreman, sergeant, sailor.
• In state service.
• In bodies that control the turnover of narcotic substances and psychotropic compounds.
• In institutions and bodies of the penal correction system.
• In the National Guard.

If the employee who died during the performance of duties has a minor under the age of 8 years, the spouse caring for him can expect to be paid regardless of his age and employment.

The allowance is paid not only to relatives, but also:

• Adoptive adopters.
• Stepmother, stepfather, if the child was on their education for at least 5 years.
• Step-daughter / stepson.

In the case of adoption of a minor receiving a pension, payment will not be suspended.

Calculation Procedure

To determine what kind of survivor's pension will be assigned to the relatives of the deceased soldier, it is necessary to add the salaries for the position and special rank, as well as the percentage bonus for the length of service. The result is multiplied by the amount of allowance in%. It is established by law and is changed annually.

A pension under the Ministry of Internal Affairs is assigned in the amount of 50% of the amount received in the calculation according to the above rules if:

• A citizen died due to injury.
• The breadwinner, a pensioner who was disabled at the date of death, died.
• Both parents died in the child or he was raised by a single mother.

The amount of payment is reduced by 60% if the breadwinner has died from an injury received in an accident or from a disease that arose not in connection with the performance of professional duties.

Calculation Example

Suppose a citizen served 25 years, received the post of head of the district department and the title of “colonel” at the time of death in an accident. He left a family - a disabled wife and two children 12 and 3 years old.

The official salary is 16.5 thousand rubles, the allowance for a special rank is 13 thousand rubles. The premium for 25 years of service is 30%. The amount is calculated as follows: the amount of salaries is multiplied by 30%. Using the conditions of the example, we get: (16.5 thousand rubles + 13 thousand rubles) x 30% = 8850 rubles.

Amount of allowance since February 1 2016 to 02/01/2017 was 69.45%, after 02/01/2017 it became 72.23%.

Due to the fact that the employee died as a result of an accident, his family will receive a benefit of 40% of the allowance. We carry out the calculations:

(16.5 thousand rubles + 13 thousand rubles + 8850 rubles) x 69.45% x 40% = 14 258.53 rubles.

As of February 1, 2017, the amount of the benefit was:

(16.5 thousand rubles + 13 thousand rubles + 8850 rubles) x 72.23% x 40% = 14 356.94 rubles.

According to the current rules, the allowance will be assigned:

1. Two minor children under 18 or 23 years of age (if studying full-time).
2. The widow of the deceased until the youngest child turns 8 years old. At the same time, the age and fact of employment do not matter.
3. The widow of the deceased, if after her child reaches the age of 8, she will not officially get a job. Payment will be made before his 14th birthday.
4. If the widow turns 55 liters. by the time the child reaches the age of fourteen. In this case, the pension will be paid indefinitely. It does not matter if the widow marries or not.

Using the conditions of the example, we get that from 01.01.2017 the widow and her 2 children will receive payments in the amount of 42 775, 59 rubles. (14,258.53 rubles x 3 people). From February 1, an increased benefit is provided: 14,356.94 rubles. x 3 family members = 43,070.82 rubles.

Insurance payment

It is assigned to the relatives of the deceased citizen, if they were dependent on him and were disabled. At the same time, the insurance of the survivor's pension is calculated if the needy persons:

1. Have a disability.
2. Are minors or retirees.
3. They study full-time and have not reached the age of 23.
4. Take care of children, brother, sister, grandson of the deceased, under the age of 14 years.

The last condition is considered optional for the assignment of benefits.

For minor children, the fact of being dependent is not necessary to prove. All other relatives provide a certificate confirming that the deceased was the sole breadwinner.

General accrual rules

The survivor's pension (including for a child) is paid from the date of application. If the applicant applies to the authorized body before the expiration of 12 months. from the day of the death of the breadwinner, the allowance will be charged for the previous months. If the application is submitted after more than a year, then the survivor's pension will be accrued only for the past 12 months.

The allowance is not due to a relative who has committed a crime that resulted in the death of a breadwinner.

Which authorities should I contact?

You can apply for a survivor's pension (including per child) in the FIU. There are several options for applying:

1. Personally.
2. By registered mail with notice.
3. Through a personal account on the official website of the FIU.

In addition, you can apply for a pension at the MFC at the place of registration.

Documents

The following should be attached to the application:

1. Passport.
2. SNILS.
3. The certificate of death of a citizen who was the breadwinner.
4. Documents confirming kinship.
5. Certificate of insurance experience of the deceased.
6. Other documents certifying other grounds for establishing a pension. They include, in particular, a certificate confirming that a needy person is studying full-time, has a disability group, etc.

Calculation of benefits: formula

To calculate how much a survivor's pension will be in case the deceased had a certain length of service, you can use the following equation:

SP = IR x SC, in which:

• SP - insurance pension;
• IR - individual coefficient - the amount of points determined by the experience;
• SK - the cost of one coefficient (point) at the date of assignment of benefits.

Often citizens ask the question - how much is the survivor's pension in the event of the death of both parents? In this case, when calculating the pension coefficients of the father and mother are added up. If a single mother raised a minor, her IR doubles.

If the deceased has already been paid an old-age or disability pension, will the survivor's pension be calculated differently? Yes. In this case, a different formula is used:

SP = Iku / KN x SK, in which:

• SP - insurance pension;
• Iku - the pension coefficient by which the old-age or disability pension is calculated at the date of death of the citizen;
• KN - the number of disabled close relatives on the day the pension is awarded;
• SK - the cost of the coefficient.

Features of payment of a fixed amount

As mentioned above, regardless of the length of service and the number of points, a fixed payment is added to the amount received in the calculation according to the above formulas. Since February 1, its size is increasing. The increase is carried out depending on the inflation rate for the last year.

Family member allowance

It has already been mentioned above which pension for the loss of a breadwinner is assigned to close persons who served in the Armed Forces, who were astronauts, and who died as a result of technological and radiation disasters. This allowance is public. It is paid to the dependents of a citizen if he has died:

• During the conscription service.
• Before the expiration of 3 months. after dismissal.
• Regardless of the period that has elapsed after dismissal, if death has occurred in connection with an injury, contusion, injury, other injury or illness.

Sign of disability

Pension payments in connection with the death of a breadwinner are made by non-working family members. Parents are disabled if they are disabled or have reached:

• 50 (women) and 55 years (men), and the breadwinner died during the service or after its completion due to trauma.
• 55 (women) and 60 years (men) if the breadwinner died before the expiration of 3 months. after dismissal, and death is not related to injury.

Spouses are recognized as disabled if they are disabled or have reached retirement age. Exceptions are re-married widows of employees who died from injury. They can count on retirement when they are 55 years old.

Grandparents of a deceased serviceman are considered to be disabled if they are pensioners or disabled. Moreover, the allowance can be paid to them only if they do not have able-bodied children obliged to support them.

Nuances

Pensions are also granted to able-bodied spouses, grandparents, sisters / brothers, parents caring for a child, sister / brother of a deceased soldier, if the latter are under 14 years old. In this case, confirmation of the fact of being dependent is optional.

It should be noted that in the event of the death of a soldier as a result of a crime against him, an exclusively social pension is assigned, which only his children can count on.

Indexing Features

An increase in the state pension took place in April 2017. The procedure and amount of indexation are enshrined in the Federal Law "On Pension Provision". The size of the increase is determined depending on the amount of the subsistence minimum. In 2017, it was increased by 1.5%.

From 01.01.2018, payments to non-working pensioners were indexed by 3.7%. From April 1, state and social benefits for the loss of a breadwinner will increase by 4.1%.

Fixed amount in 2018

The total amount of the insurance pension cannot be less than the subsistence level established by federal law. If the amount does not reach this value, a federal or regional social supplement is added to the benefit.

Starting January 1, 2018, the amount of the fixed payment is 2,491.45 rubles. for each member of the family, not officially arranged.

Is a pension paid to employees?

This question arises quite often. It happens that a relative dies in an employed citizen. According to general rules, payments are assigned to entities that have lost the breadwinner. This in itself means that such citizens do not work. Accordingly, you cannot receive benefits and other income at the same time.

Important point

It is worth noting that the pension in the event of the loss of the breadwinner can be received by family members not only of the deceased subject, but also recognized as deceased or missing. In the first case, a death certificate will be required to assign the payment. It is issued by the regional registry office. Recognition of a person as dead or missing is carried out in court. Accordingly, to award a pension, a court decision must be attached.

Terms of consideration of the appeal

The application with all necessary documents is transmitted to the territorial unit of the FIU. Consideration of the appeal is carried out within 10 days (workers) from the day of admission.

The obligation to submit documents rests with the applicant. The exception is only those securities that the FIU can receive as part of interagency cooperation.

Payment Rules

A pensioner can choose any way to receive benefits. It can be transferred to a personal account or in the form of a money transfer. In the latter case, funds can be obtained at the liaison office or other organization engaged in cash transactions.

As for minor recipients, the pension can be transferred both in their name and in the name of their representatives (parents, adoptive parents, guardians). Accordingly, the addressee can also open an account or receive funds at the post office.

According to the norms of civil law, a nominal account may be opened in the name of a minor by his adoptive parent / guardian. Legal representatives spend money from it without prior permission of the guardianship and guardianship authority.

Minors from 14 years old can independently receive a pension.

Finally

The loss of a breadwinner is, of course, grief for the family. . , . . , . , .

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