The size of the survivor's pension from the Ministry of Internal Affairs. Survivor's pension for a minor child If she remarried

To date calculation of pensions for employees of the Ministry of Internal Affairs carried out in accordance with pension legislation Russian Federation, which, as you know, changes every year and has been going on without ceasing for several years, if not decades.

A citizen who served in the bodies of the Ministry of Internal Affairs has the right to apply not only for an increased pension provision, but also on, guaranteed at the departmental and state levels.

What benefits does a pensioner of the Ministry of Internal Affairs have?

The Federal Law of July 19, 2011 No. 247-FZ provides for special benefits for citizens retirement age who served in the Ministry of the Interior. "Preferential pension package" provides for the possibility of receiving:

  1. Lump-sum allowance for employees with less than 20 years of service in the amount of 2 salaries in cash
  2. A one-time allowance for pensioners of the Ministry of Internal Affairs with an experience of 20 years in the amount of 7 monthly salaries

In the case when a former police officer over the years of service was introduced to state award or received an honorary title, then the amount of the allowance will be increased by one salary.

Employees of the Ministry of Internal Affairs with an experience of 20 years, who were dismissed without the right to pensions, receive a monthly allowance - this benefit works for 12 months. The amount of the allowance is determined by the salary index by rank.

How to calculate the pension of the Ministry of Internal Affairs by length of service?

If the length of service is 20 years or more

At the legislative level, it is established that citizens who have the right to receive a pension from the Ministry of Internal Affairs, who have a length of service of 20 years, receive a pension in the amount of 50% of the amount of monetary allowance. When an employee has more than 20 years of service, the pension payment will be calculated at the rate of 3% of the amount of allowance for each year of service.

If a citizen has more than 20 years of experience, then maximum size pension provision, which he can claim, is 85% of the amount of the person's monetary allowance.

If the length of service is 25 years or more

If the work experience of an employee is 25 calendar years, then he has the right to claim 50% of the amount of monetary allowance. The pension provision of persons with such length of service will be calculated in accordance with the rule established by Art. 14 of the Law of the Russian Federation of February 12, 1993 No. 4468-I. In this situation, accrual will be carried out at the rate of 1% of the amount of monetary allowance for each year seniority.

At the legislative level, there are no norms that would establish limits on the amount of pension provision. But there is a clause in the law, the essence of which is that the work experience of 25 years must include at least 12 years 6 months, which the citizen was obliged to spend in certain state bodies, performing his military duty.

Minimum pension for an employee of the Ministry of Internal Affairs

Pension provision for long service cannot be lower than 100% of pensions, which were approved in the Federal Law of December 15, 2001
. Bodies entitled to calculate a pension must take into account the indexation of its size.

Persons with disabilities who have the right to receive a pension can count on an increase in the amount of the pension. The size of the increase is directly related to the disability group that was assigned to a citizen who served in the Ministry of Internal Affairs. In addition, the cause of the disability is taken into account.

At the legislative level, the main reasons for assigning a disability group are identified:

  • Getting a common disease
  • Acquisition of a work injury
  • Receipt military injury

There is a main rule according to which an increase in pensions for the disabled is made. This is a legislative norm, according to which a disability cannot be assigned to a citizen as a result of committing actions of an unlawful nature.

Employees of the Ministry of Internal Affairs, who are participants in the Second World War and have received a disability, also have the legal right to increase the interest rate for calculating pensions for employees of the Ministry of Internal Affairs.

Special allowances for pensioners of the Ministry of Internal Affairs

The percentage of the allowance, which will be paid from the amount of the estimated pension to employees of the Ministry of Internal Affairs, is directly related to such factors:

  • Recipient Age
  • His marital status
  • Recipient Status

Citizens who receive cash payments years of service are entitled to the following additional allowances:

  1. Pensioners of the Ministry of Internal Affairs, who are participants in the Second World War, are provided with an allowance - its size is 32%. If a pensioner has reached the age of 80, then the amount of the allowance is doubled and reaches 64%.
  2. Pensioners who have a disability of group 1, whose age has reached the mark of 80, will receive an allowance. Its size is 100%.
  3. If a pensioner does not carry out labor activity, but disabled relatives are on his shoulders (that is, he supports them), he is charged with an appropriate allowance. Its size is:
    - In the case of 1 dependent - 32%;
    - In the case of two dependents - 64%;
    - If the pensioner has three or more dependents, then the amount of the supplement is 100%. If the specified family members receive a pension, the supplement will not apply.

Pension for the loss of the breadwinner of an employee of the Ministry of Internal Affairs

This type of pension will be accrued to the families of employees of the Ministry of Internal Affairs in the event of their death or death during their service.

Pension payments are also possible in a situation where the breadwinner died or died later than the period specified above, but the cause of death was an illness or injury received during the period of service.

Calculation of the disability pension of the Ministry of Internal Affairs

Citizens who received during the period of service or within a three-month period that followed after dismissal can apply for this type of pension provision. Late onset disability this period, should be caused by such reasons:

  • Injury received during the years of service
  • Injury during service
  • A disease that a citizen received during his service in the Ministry of Internal Affairs
  • Concussion received during service in the Ministry of Internal Affairs

The amount of the pension is directly related to the disability group - it will be established by a medical and social examination, which will draw up a conclusion on this issue. There are a number of citizens who may qualify for additional allowances:

  • Persons of retirement age who have reached the age of 80
  • Citizens who are dependent on disabled family members
  • Citizens who are participants in the Second World War and receive a pension from the Ministry of Internal Affairs

The formula for calculating the pension of a police officer

When calculating the amount of pensions for employees of the Ministry of Internal Affairs, the following will be taken into account:

  1. Cool qualification
  2. Salary according to position
  3. Military rank
  4. Length of work experience
  5. Seniority allowance

The due allowances and the amount of the salary will be summed up. Then the amount received is multiplied by a percentage of the existing monetary allowance.

Let's look at the calculation of pensions using a specific example under the following conditions:

  • A citizen whose length of service in the Ministry of Internal Affairs is 22 years
  • Salary by rank is 8500 rubles
  • The official salary by rank is 12,500 rubles
  • The percentage of the allowance is 30%, which in total is 6300 rubles

So, when calculating the total amount of monetary allowance, we get a figure of 27,300 rubles. Now we multiply the amount by the percentage of allowance and we get the following numbers: 27,300 rubles x 54% x 56%. As a result, we get 8255.52 rubles. If necessary, the district coefficient will be added to the final result.

The loss of a close relative is a severe blow to the family morally. Even more shocking if the deceased was the only breadwinner in the family. Since, without having time to recover from the pain of loss, a person already needs to think about how to pay for housing and communal services in the coming month, what means to provide food for the family and other household material issues need to be resolved. In such a situation, the state comes to the rescue. It accrues a survivor's pension, which is a colossal measure of support for the orphans in need.

On the occasion of the death of a relative who is the main earner in the family, the family has the prerogative of receiving material support from the state.

Concept, law, conditions of appointment

- these are cash payments made by the state in favor of the relatives and dependents of the deceased individual who was the breadwinner of the family.

According to Article 10 of the Federal Law No. 400 “On Insurance Pensions”, the grounds for calculating payments in the event of the loss of a earner include:

  1. Appointment exclusively to family members - spouse, children, adopted child, brothers, sisters, parents of the deceased.
  2. Parents who did not support their son or daughter until the loss of their son or daughter, who became needy after some time, have the right to apply for the appointment of pension payments for this case.
  3. The stepfather and stepmother have the right to count on support if they have been raising for at least 5 years.
  4. The accrual of a pension is not determined by the duration of work, the cause and time of the death of the breadwinner.
  5. In the absence of experience, not labor, but state provision narrow categories of citizens, all the rest are paid a social pension.

Upon entry into new marriage the spouse retains the prerogative of receiving security in the event of the loss of a breadwinner.

Types of survivors' pensions

There are several types of such payments. What type of collateral you can count on depends on a number of factors:

  • the length of service of the head of the family;
  • work in certain areas.

Insurance (labor)

Insurance coverage, or labor pension assigned to dependents and disabled relatives of the deceased. Dependents are persons who are fully supported by the breadwinner.

The pension is paid to each family member.

However, for some relatives, an indefinite provision is established, while for others - with a limited duration. So, parents and generally incapable of work persons aged 55 and 60 have the right to switch to such payments on an ongoing basis (if there is a benefit and need for this). Children left without a breadwinner are paid maintenance until they reach the age of 18. The exception is those receiving education according to the full-time model of education - for them, the term of maintenance increases to 23 years.

The amount of labor payments is calculated for each person individually. Here, the pension coefficient (IPK) (depends on the length of service) and the statutory cost of one such indicator (SPK) on the day the pension is awarded influence. Since January 2018, the SEC is equal to 81.49 rubles.

In addition, the state fixed a single surcharge for all. In 2018, this is 2491.45 rubles.

For a clearer understanding, we give an example of the calculation. Maria Novosiltseva, born in 1966, has been officially active since 1986. She died of a heart attack in January 2017. She left a family consisting of an able-bodied husband and a 10-year-old daughter. In this situation, the disabled minor daughter has the prerogative of receiving maintenance. By 2017, she scored 58 points. from 1966 to 2015, plus 1.8 bp. for the care of the first child under 1.5 years old, for 2015 and 2016 - 3 and 3.4b. Total 66.2. The amount of the pension \u003d 66.2 × 81.49 + 2491.45 \u003d 7886.08 rubles. However, if the pension is less than the minimum for the region, then the additional payment comes from the local budget.

Social

Social security is also intended for a family that has lost a breadwinner. This type of payment is accrued in the absence of an absolute length of service for the deceased at the time of death. Who is eligible to apply:

  1. Children whose parents or one of whose parents have died.
  2. A child who has lost a single parent.

The presence of Russian citizenship is not mandatory for accrual. Permanent residence in the country is required.

This type of pension payment is paid from the federal budget. It is constantly indexed. So, from April 1, 2017 for children who have lost one breadwinner - 5034.25 rubles. For those who turned out to be orphans - 10068.53.

State

State pension for the loss of a breadwinner is due to certain categories of citizens. These include:

  • civil servants;
  • military;
  • astronauts;
  • participants in the Second World War;
  • liquidators of Chernobyl and other victims of radiation.

So, if a military man died, then the state will pay this type of pension to disabled members of his family. The right to rely on material support:

  1. Children, sisters and brothers, grandchildren of minor age. Or students at the university until the age of 23.
  2. Close relatives on the condition of raising his children under the age of 14.
  3. Spouse or parents of retirement age or disabled.

The amount of the pension depends on the specific category. If a soldier dies due to an injury in the service, 200% of 5034.25 rubles is paid. 45% of the average salary of a civil servant is paid to each family member of the deceased on a monthly basis.

How to apply for a survivor's pension

To receive a survivor's pension, you must contact the FIU in your district. This can be done in three ways:

  • personal visit to the branch;
  • through a proxy;
  • via the Internet on the portal of public services or the official website of the institution.

You need to write an application and provide a certain package of documentation.

Required documents

In addition to the application, the following paper support is attached:

  1. Identity card of the applicant and his representative, if registration is for a child.
  2. Proof of permanent residence.
  3. Death certificate.
  4. Evidence of seniority (work book, military ID, certificates from the CZN, payroll).
  5. Facts of relationship and being on the content.
  6. SNILS.
  7. A court decision declaring a person missing.
  8. Marriage certificate.
  9. fact of adoption.
  10. Certificate from the educational institution confirming the receipt of education.

For each individual applicant, the list of documents can be expanded. For a minor child, a birth certificate is required, and for a parent receiving a pension, information about their own payments.

Refurbishment and restoration

When a child who has lost a parent and receives a pension on this occasion reaches the age of 18, payments stop. The material content can be restored upon submission to the Foundation of a certificate of study on a full-time model of education at a university. In this situation, payments are restored and made up to 23 years.

Accrual is carried out from the first day of the month following the appeal. For previous months of non-payment, it is possible to recalculate and charge them in full.


The amount of the survivor's pension

The amount of accruals is determined by the type of pension assigned. If it is labor, then it depends on the number of accumulated points and the cost of an individual point during this period. The value of the social is set by the state. The size of the state varies depending on the category of recipients.

Minimum survivor's pension

The insurance pension is individual. But if its size does not reach the value living wage in the region, then the corresponding surcharges are made.

Social pension - 5034.25 and 10068.53 for children who have lost one of their legal representatives and for orphans, respectively.

Government payments calculated as a percentage of social (from 5034, 25):

  • astronauts - 40% of the salary;
  • children who lost both parents due to radiation, 250% - 12585.62. In other cases 125%;
  • 150% to each member of the military family who died due to illness. If the fact of an injury in the service is detected - 200%.

The total amount of any type of pension cannot be set less than the subsistence minimum.

The size of the pension in Moscow

Since January 2018, the minimum wage for accommodation is 11,816 rubles. Starting this year, pensions are being increased to 17,500 for certain categories of citizens, which include the disabled who are left without a breadwinner.

The exception is already students who are fully supported by the state. The bonus will not apply to them.

Increasing survivor's pension

Every year, from April 1, the state indexes pension provision at the federal level. Regions also have the right to add local coefficients to the basic size.

Pension indexation

Since the beginning of April 2018, compensation is expected to increase by 4.1%. The social benefit in case of loss of a father or mother will be 5240.65 rubles. And for orphans - 10481, 34.

For those living in difficult climatic conditions, for example, in the Far North, the amount of maintenance is increased by the indicators fixed by a government decree.

Benefits and additional payments other than pension

In addition to financial support, various benefits and support measures are provided for children who have lost a parent:

  • up to 2 years - milk and mixtures;
  • up to three - free of charge medications;
  • travel on a national vehicle free of charge;
  • ticketless visits to state parks, museums, zoos up to the age of seven;
  • from 7 to 18 discount for the above events;
  • meals twice at school and the provision of educational literature;

Additional payment to the pension is possible, provided that the amount is below the established level for living.

Orphaned children are provided with housing under a social tenancy agreement, as well as the possibility of non-competitive enrollment in a university or college if they pass school exams for positive grades.

The father and mother, children and wife of a military man have the right to apply for such state support. However, in order to get it, you must meet some requirements. Accruals are admissible if death has occurred:

  1. During the performance of official duties.
  2. Not later than one quarter after resignation from the Armed Forces.
  3. Unconditionally from the time period in case of illness or injury acquired due to service.

It does not matter what kind of service was conducted - by conscription or it was a contract soldier. But there are significant differences in the amount of security.

The amount of compensation to the family members of the deceased military conscript is determined by the amount of social benefits. And for the family of a contract soldier, the salary of a soldier at the time of death will be decisive in the calculation - 50% of the allowance in case of damage and 40% due to illness.

For some categories of citizens of the family of the deceased serviceman, various additional payments have been fixed. An allowance of 100% of the assistance provided is due to disabled people of the 1st group and pensioners who have crossed the line of 80 years.

32% is added to disabled children left without parents, as well as children who have lost a single parent. Disabled from childhood, groups 1 and 2, if they have lost both their father and mother.

The legislation establishes the prerogative of receiving two types of pensions for relatives of a deceased serviceman:

  • parents whose child died due to a war injury;
  • a widow who did not marry after the death of her military husband.

Age features

When assigning commented compensation, the age of the applicant is taken into account. At the age of 18, accrual ceases, which can be restored if certain conditions are met. Then the pension can be extended.

Payments to the child

A minor child who has lost one or both parents has a preference for receiving pension payments - labor and social. Payments will be made until they reach the age of majority. Volume labor compensation depends on the length of service of the deceased and is assigned on an individual basis. Social compensation is determined annually at the legislative level.

Also, children have a different list of benefits that regional authorities can expand.

After 18 years

At the age of 18, in order to prolong payments, you must study in educational institutions according to the daily pattern. That is, a newly minted student, according to the requirements of an educational organization, needs to attend classes every day. In this situation, the student will not be able to provide for himself and the content is assigned to him again.

To resume accruals, you should contact the Pension Fund of the Russian Federation and provide a certificate from the place of study. Moreover, the educational organization must have state accreditation.

Continuing education can be at different levels - primary vocational, secondary, higher.

Up to 23 years old

Until the specified age, full-time students of absolutely all levels of education have a preference for receiving. The essential conditions here are the prohibition of official employment, and if you were expelled from an educational institution, then you should not count on further compensation.

If the training ended before the age of 23 and it does not continue further, then material maintenance is no longer paid.

Many are wondering if they will be able to claim financial support if, for compelling reasons, they have to take academic leave during full-time study. Not a single law, not a single legal norm contains a provision for the suspension of compensation payments in this situation. Since academic leave is a short-term stoppage of studies associated with the birth of children, marriage, illness, the need for care and concern for the closest relatives.

Another no less interesting situation is conscription into the army. Will a survivor's pension be paid? No, it will not. Since the employee is no longer considered disabled and is on full state support.

After 23 years

In exceptional cases, the state continues to pay a survivor's pension after the age of 23, namely:

  1. Disabled persons who were in the care of the deceased.
  2. Close relatives of the deceased, caring for children, grandchildren of the deceased, who are under 14 years old.

Termination of payment

Material maintenance is terminated for the following reasons:

  1. Achievement by a person of 18 years. If this was not followed by admission to continue studies at educational organization.
  2. Performance 23 years.
  3. Working activity under the labor agreement.
  4. Exclusion from an educational institution.
  5. Transfer to evening training.
  6. Self denial.
  7. Death of the beneficiary.
  8. Failure to provide a certificate to the Fund on training.
  9. Conscription.

Suspension of compensation is carried out automatically at the appropriate age. In all other cases, the recipient needs to notify the FIU about the establishment of legally significant facts.

The recipient applies to the Fund with an application to terminate payments, indicating the reason and providing evidence. In case of non-application, an overpayment of funds occurs and subsequently the recipient will have to return the excessively received cash payments in a lump sum.

When studying at a university, a student must provide a certificate of study every year. The document must be signed by the rector, and also contain information about the duration of training and the name seal of the organization.

Question answer

Who is entitled to a survivor's pension?

The pension is accrued to disabled close relatives of the deceased or persons who are on his absolute support during his lifetime.

Changes in 2018.

From April 2018, there will be an increase in pension provision by 4.1%, social payments, as well as state compensation.

Until what age is the survivor's pension paid?

Material maintenance is legally provided for children under 18 years of age. In the case of a full-time study model - up to 23 years. Children with disabilities who are dependents under 18 years of age are subject to perpetual accruals. Parents and other close relatives of the elderly are paid on an ongoing basis.

When does the pension come?

The accrual is made once a month on the day on which the decision on her appointment was made.

Is it possible to work if a survivor's pension is accrued?

Formal employment will result in the termination of payments. However, it is possible to work without an employment contract, that is, without insurance contributions.

Terms of payment of the survivor's pension.

The duration of the security is either urgent or indefinite. This is due to a number of the above factors.

Survivor's pension if married.

Marriage is not grounds for terminating security. No piece of legislation contains a marriage reason for prohibiting payments.

Thus, the survivor's pension is often the only source of income and subsistence for individuals who have lost their breadwinner. Persons defined by law are entitled to receive such payments. For some, material content is established for life, for others - for a certain period of time.

Such a special social Security, as a pension of the Ministry of Internal Affairs, is assigned to persons who served in the internal affairs bodies. And this is connected special security With special conditions labor, with restrictions. Which are present at all times of service.

Legislative regulation of the pension of the Ministry of Internal Affairs

According to its legal regulation, the pension of the Ministry of Internal Affairs is a variety. However, these payments have different funding sources. If the military pension is paid through the Ministry of Defense. Then the issues of appointment and payment of pensions of the Ministry of Internal Affairs are under the jurisdiction, respectively, of the Ministry of Internal Affairs of the Russian Federation. But the law is the same the federal law dated February 12, 1993 No. 4468-1. It is called - "On the provision of pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families." And from the name it is obvious that the principles of regulation military pension, pensions of the Ministry of Internal Affairs, etc. the same.

Special benefits differ from the pension of the Ministry of Internal Affairs. They were introduced by the Law of July 19, 2011 No. 247-FZ. it lump sum subject to at least 20 years of work experience. These are benefits for those with less than 20 years of service. As well as benefits in connection with the dismissal (for certain reasons) without the right to retire.

The pension of the Ministry of Internal Affairs is assigned to employees of the internal affairs bodies after their dismissal from service. It is divided into payments for seniority, for the loss of a breadwinner and for disability.

Pension of the Ministry of Internal Affairs for long service

Such a pension of the Ministry of Internal Affairs is assigned in 2 cases:

  • 20 or more years of service
  • or if there is a total of 25 or more calendar years, of which 12.5 years is service in the internal affairs bodies (or military service). In this case, the pensioner must reach 45 years. An additional condition is the reason for dismissal: the pension of the Ministry of Internal Affairs is assigned upon dismissal due to reaching the age limit, due to illness or limited health, in connection with organizational and staffing activities. In 12 years and 6 months of service, only periods of service from the date of assignment of a special rank are included.

The most burning issue related to the appointment of a pension of the Ministry of Internal Affairs is how length of service is considered. Correctly determining the appropriate periods will help refer to the Decree of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 No. 941. Length of service includes periods when a person served in the internal affairs bodies, military service, in the bodies of the Federal Drug Control Service, the State Fire Service, institutions and bodies of the Federal Penitentiary Service. Some periods are counted in a preferential calculation, for example, serving in law enforcement in the zone of the Georgian-Ossetian conflict, etc.

In addition, the length of service for the appointment of a pension of the Ministry of Internal Affairs and the rank and file, and the commanding staff, includes the time of their education in higher educational institutions. The length of service may include the time of serving a sentence and detention of police officers of the rank and file and commanding staff (subsequently rehabilitated), etc.

The size of the pension of the Ministry of Internal Affairs for the length of service

Dimensions depend on 4 components:

  • the amount of salary for a full-time position occupied immediately before dismissal;
  • salary for a special rank,
  • seniority allowances
  • monthly food allowance.

They make up the amount of money allowance. If a pensioner of the Ministry of Internal Affairs has 20 or more years of service, then the pension will be 50% for the full 20 years of service. Plus 3% for every year over 20 years. No more than 85%.

If the basis was the presence of 25 years of work experience, then the amount of the pension is calculated differently. 50% of the allowance, and for each year over 25 years of total experience - plus 1%.

In addition to receiving a retirement pension, police officers are also entitled to receive additional allowances:

  • upon reaching the age of 80, having the status of a disabled person of group 1 (100%);
  • non-working pensioners who support disabled relatives (32% - 1 dependent; 64% - 2, if 3 or more - 100%.

The retirement of an employee of the Ministry of Internal Affairs does not always mean the end of his labor activity. Often, former employees receive a new offer to work in the bodies. In this connection, the payment of the pension of the Ministry of Internal Affairs for the length of service is suspended. And if a person decides to continue working in a “civilian” specialty, then the pension continues to be paid. And if there are appropriate grounds, he has the right to receive and.

Disability pension of the Ministry of Internal Affairs

Such a pension is due to the rank and file and commanding staff of the internal affairs bodies who have been assigned a disability. Moreover, doctors installed it during service. Or within 3 months after graduation. The onset of disability later can serve as a basis for granting a disability pension only if a person has been injured, injured, ill, etc. during the period of service in the Ministry of Internal Affairs.

In all cases, the assignment of disability, the determination of its causes and group is carried out on a medical and social examination. By the way, its results can be challenged by. It is the ITU conclusion that contains conclusions about the disability group, causes and connection with the service.

The size, procedure for appointment and the period for which the disability pension of the Ministry of Internal Affairs is assigned are identical to the rules discussed in the article "military pension".

If there are no grounds for assigning a disability pension to an employee of the Ministry of Internal Affairs, a person has the right to apply for an insurance appointment.

Pension of the Ministry of Internal Affairs for the loss of a breadwinner

The death of an employee for the purpose of assigning benefits to his dependents must take place:

  • in the service
  • within 3 months after dismissal,
  • at any time, but is associated with a wound or injury received during service.

Calculated as a percentage of the monetary allowance of the deceased.

Increasing pensions for employees of the Ministry of Internal Affairs

Like any pension payments, pensions for employees of the Ministry of Internal Affairs are also subject to increase. In 2019, the pension for employees of the Ministry of Internal Affairs will be increased from October 1, 2019. In general, by 6.3%. This will happen due to the indexation of the monetary allowance of military personnel by 4.3%. As well as additional indexation by 2%. By increasing the reduction factor from 72.23% to 73.68% from October 1, 2019

The regulation on indexation of the amount of monetary allowance taken into account when calculating pensions for employees of the Ministry of Internal Affairs has been suspended until 01/01/2020. At the same time, it was established that this amount from 01.02.2017 is 72.23% (from 01.10.2019 - 73.68%) of the amount of monetary allowance.

Based on Art. 6 FZ No. 400 of 28 Dec. 2013 “On insurance ...” (hereinafter - the Federal Law), there are 3 types of insurance pensions - for old age, for disability and for the loss of a breadwinner.

The last type of pension can be claimed by persons whose family member, who is the breadwinner, has died or has been declared missing in the prescribed manner.

Is it necessary

Terms of appointment

In order for the wife of the deceased breadwinner to receive the SPUK, she must meet certain conditions specified in Art. 10 FZ:

  • be disabled;
  • be dependent on the deceased;
  • the death of the breadwinner should not have occurred as a result of a criminal offense committed by the wife.

Also, the breadwinner must have at least 1 day of insurance experience (part 10 of article 10 of the Federal Law), otherwise the wife will not be able to claim the SPUK, but only social pension.

Details:

  1. In part 2 of Art. 10 of the Federal Law specifies who is recognized as family members of the deceased who are unable to work. In particular, the spouse is mentioned in paragraph 2 and paragraph 3 of Part 2 of Art. 10 FZ. In order to receive the SPUK, the spouse must:
    • either reach the age of 55;
    • or be recognized as a disabled person of the 1st, 2nd or 3rd group in the manner established by 181-FZ of November 24. 1995 “On social…” (regardless of reaching or not reaching the age of 55);
    • or be employed in caring for non-working children, sisters, brothers or grandchildren of the deceased breadwinner under the age of 14 (hereinafter referred to as the Relatives of the breadwinner), who are entitled to the SPUK in accordance with paragraph 1 of part 2 of Art. 10 FZ.
  2. Part 3 Art. 10 of the Federal Law states that a wife is recognized as being dependent on a deceased citizen if she was fully supported by him, that is, she did not have other sources of livelihood, except for the one that (source) was from the breadwinner.

At the same time, in order to receive the SPC, the wife does not have to be dependent, but only on the basis of caring for the Relatives of the breadwinner who are eligible for the SPC. For the remaining 2 grounds (reaching the age of 55 or disability), being a dependent is mandatory.

  1. By virtue of Part 11 of Art. 10 of the Federal Law, the SPUK is not charged even if all of the specified conditions are met, if the death of the breadwinner was caused by a criminal offense committed by the wife. In this case, the spouse can only claim a social pension, assigned in the manner approved by 166-FZ of December 15. 2001 “On the state ...” (hereinafter - Federal Law No. 166).

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Family members of deceased citizens who are entitled to a state pension. penny. security in accordance with Federal Law No. 166, they are entitled to a survivor's pension according to the state. penny. security (not SPUK). According to part 5 of Art. 5 of the Federal Law No. 166, members of the families of the deceased receive the right to such a pension:

  • military personnel;
  • persons affected by radiation;
  • astronauts.

How is it calculated

The wife of a deceased citizen, subject to her compliance with the requirements presented in Art. 10 of the Federal Law, the SPUK will be accrued in accordance with the formula presented in Part 3 of Art. 15 FZ:

Pension amount = Number of pence. points of the deceased * Cost of 1 point

Based on part 6 of Art. 15 of the Federal Law, the wife can also apply for the calculation of the SPUK using a different formula, if such a calculation turns out to be more profitable:

Pension amount = Number of pence. points of the deceased / Number of disabled family members (everyone is counted, including the spouse herself) * Cost of 1 point

The size

Also, one should not forget that the wife, like other categories of pensioners, is entitled to a fixed allowance (Article 16), as well as a federal (or regional) social supplement, if the amount of the pension ultimately turns out to be lower. minimum.

Based on Part 2 of Art. 16 of the Federal Law, a fixed increase for recipients of the SPUK is 2491.45 rubles per month.

The cost of 1 pence. points in 2019 is 81.49 rubles (420-FZ of December 28, 2019).

Can a wife receive two pensions at the same time

According to Part 1 of Art. 5 of the Federal Law, persons who are entitled to several pensions (for example, old-age and SPUK) are required to choose any one pension - the most profitable.

By virtue of Part 6 of Art. 10 of the Federal Law, if the spouse of the deceased previously received any pension (for old age, for disability), she has the right to refuse one and switch to the SPUK.

Where to apply for registration

According to Part 1 of Art. 21 of the Federal Law, the SPUK is established and paid by the body providing pensions in accordance with the provisions of 167-FZ of December 15. 2001 “On Mandatory…”.

Based on ab. 1 st. 5 of this law, OPS in the Russian Federation is carried out by the insurer represented by the Pension Fund.

Judging by Part 2 and Part 4 of Art. 21 FZ, you can apply for registration of the SPUK in:

  • directly the branch of the PFR, located at the place of residence of the spouse;
  • or through the Unified Portal of the State Service (details on the procedure for submitting an electronic application are available for review in Government Decree No. 553 of July 7, 2011 “On the procedure ...”).

You can also entrust the implementation of the entire procedure to the employer by issuing a written consent.

You can contact the FIU, MFC, State Services or in any other way at any time after the right to the SPUK arises.

In this case, the SPUK will be appointed not from the date of the application, but from the day of the death of the breadwinner, if the wife submitted the application before the expiration of 1 year from the date of the death of the breadwinner (clause 3, part 5, article 22 of the Federal Law).

How to get a survivor's pension for your wife

The SPUK is issued exclusively on a declarative basis.

Step by step procedure:

Stage number 1. Submission of an application to the FIU, MFC, through the employer or the State Services.

Stage number 2. Collect the documents required for the appointment of the SPUK (the list is below).

Stage number 3. Wait 10 days for the FIU to review the submitted documentation and make interdepartmental requests.

Stage number 4. Select the delivery method of the pension by filing.

Stage number 5. receive in a timely manner monthly payment at least once every six months, otherwise the payment of the SPUK will be suspended (clause 1, part 1, article 24 of the Federal Law).

What documents are needed

A detailed list of documents for the appointment of an SPUK can be found.

But, as a rule, so much documentation is not required, since most of the papers are at the disposal of state or municipal authorities.

As a rule, the wife will not need to collect so many papers:

  • statement;
  • the passport;
  • power of attorney (if it is not the spouse who applies, but the authorized person);
  • the work book of the deceased breadwinner and other documents confirming the periods of labor activity before registration in the OPS system (after registration in the OPS, the experience is confirmed on the basis of personalized accounting information);
  • proof document family relations with the breadwinner (for the wife, this is a marriage certificate).

If the wife wishes to receive the SPC on the basis of reaching the age of 55 (or disability), you must prove that you are a dependent.

Suitable for such a document:

  • certificate from housing authorities;
  • certificate of income of all family members;
  • court decision on the establishment of dependency.

Payment procedure

Payment of the SPUK, in accordance with Part 13 of Art. 21 of the Federal Law, can be carried out at the choice of the spouse:

  • through a credit institution by crediting to a card account;
  • via the Russian Post (delivery to your home or directly received at the branch of the OPS);
  • through other institutions involved in the delivery of pensions.

Commissions for the issuance of funds by banks and the Russian Post are not charged. All necessary expenses are paid by the Pension Fund.

Peculiarities

In some cases, the appointment of SPUK is carried out with some nuances or restrictions.

Deceased pensioner

If the deceased breadwinner was the recipient of fear. old-age or disability pension, the spouse will be entitled to the SPUK in the same way as if the deceased was not a pensioner. There are no restrictions in the legislation in this regard.

If she remarried

By virtue of Part 7 of Art. 10 FZ, if the spouse of the deceased enters into new marital relations, she will not lose the right to receive the SPUK.

The deceased pensioner of the Ministry of Internal Affairs

The wife of an employee of the Ministry of Internal Affairs, who died in the line of duty or after retirement, has the right to claim not for the SPUK, but for a survivor's pension in accordance with Law of the Russian Federation No. 4468-1 of February 12. 1993 “On pension…” (hereinafter referred to as the Law).

The main condition for the appointment of a pension is presented in Art. 28 of the Law - the breadwinner must die during the period of receiving a pension or no later than 5 years after the termination of payment to him.

Other conditions are specified in Art. 29 of the Law. In particular, the wife of a pensioner of the Ministry of Internal Affairs must be dependent on him, as well as:

  • either reach the age of 55;
  • or take care of the relatives of the breadwinner.

A dependent spouse is not required if:

  • after the death of a pensioner of the Ministry of Internal Affairs, the spouse lost her source of livelihood;
  • or the pensioner of the Ministry of Internal Affairs was disabled due to a military injury (the pension to the wife of such a pensioner is also assigned on preferential terms - 5 years earlier, that is, from the age of 50 - see Article 30 of the Law).

So, the SPUK can be issued by the wife if she has reached the age of 55, or is disabled, or is caring for the Relatives of the breadwinner who have not reached the age of 14.

The right to social the wife will have a pension if the breadwinner does not have insurance experience or the wife has committed a criminal offense against him.

Video: Is it possible to receive a pension of a deceased spouse