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The death of a loved one does not always mean that all his savings for the family will be lost. According to Russian legislation heirs are entitled to claim them. This also applies to the funded part of the pension.

Terms

Beginning in 2002, changes in the field of pension legislation allowed some citizens to hope to receive the funded part of their relatives' pensions as an inheritance.

For this to be possible, a number of conditions must be met:

  • the death of the testator occurred before his retirement;
  • if the testator has already reached retirement age, then at the time of death he has not yet received more than one pension payment;
  • the deceased testator agreed to participate in the compulsory pension insurance program, and there are certain monetary savings on his personal account.

In the event that a deceased citizen managed to receive at least one pension payment along with money from the funded part, then his heirs have no rights to the remaining amount.

The testator may be a citizen who was born after 1967. For those who were born before this year, no money was deducted from the income to the savings fund, which means that they simply do not have any money in the account.

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A rare exception are cases when a citizen invested his own money in the funded part, and the state multiplied it with the help of special programs.

Who has the right to inherit the funded part of the pension of the deceased

The following groups of persons can claim to receive savings in the form of inheritance:

The following groups of persons may act as legal heirs in order of priority:

  • parents, spouses, children. Their shares must be equal;
  • brothers, sisters;
  • grandmothers, grandfathers.

The heirs may be close relatives of the insured, who at the time of death were fully dependent on him and at the same time were trained in educational institutions(required in person).

Their age should not exceed 23 years. Equal rights also have close relatives of the testator who have not reached the age of 18 and are recognized as disabled.

In total, seven groups can take part in the inheritance, but not simultaneously, but in descending order in turn, if the previous group is absent.

How to receive

Art. 1183 of the Civil Code of the Russian Federation regulates the procedure for processing payments of the inherited part of the pension. There are two groups of persons who, if they wish, are required to submit an application and documents for receiving the funded part of the pension within 4 months from the date of the death of their testator:

  • close relatives living together with the testator;
  • disabled persons who were dependent on a pensioner. They are not required to live together

If these persons do not apply to the Pension Fund in due time, then payments are made according to general rules legal heirs.

After 6 months

An application to the Pension Fund for receiving an inheritance must be submitted within 6 months from the date of opening the inheritance case with a notary.

It is desirable to comply with this deadline. However, in life there are insurmountable circumstances that can prevent you from meeting this time frame. In this case, you will have to proceed further only through the court.

Before submitting statement of claim to the judicial authorities, it is advisable for the heir to calculate all possible costs and compare them with the amount of savings. It is possible that the amount received simply will not cover them.

If the Court finds it possible to restore the terms, then the potential heir, in the usual manner, submits an application for payments to the Pension Fund, not forgetting to attach to it judgment.

pensioner

If the testator had already retired before his death, and managed to receive a pension payment, which included funds from the funded part, then the heirs of such a citizen are no longer entitled to claim the inheritance of this funded part.

Not retired

All the basic rules for the payment of inheritance apply primarily to the heirs of those citizens who have not yet managed to become pensioners.

If funds were invested in the funded part of the pension from maternity capital, then only the parent or adoptive parent can act as heirs. Children in this case will not be heirs

From NPF

If the insured citizen kept his money savings in the Non-State Pension Fund, then his heirs are also legally entitled to receive this money as an inheritance.

In this case, the same rules apply as when applying to the State Pension Fund. It’s just that potential heirs, along with all the documents, should contact the nearest branch of the NPF.

What documents are needed

The main document when registering an inheritance in the form of a funded part of a pension is the testator himself, which must be kept in the Pension Fund.

It is his instructions that employees will be guided by in the distribution Money accumulated on a personal account.

If the testator has not made such a statement, then potential successors must independently apply to the territorial office of the Pension Fund and submit an application with a request to transfer the accumulated amount to their accounts.

There are several ways to submit such an application:

You can see how the application is written on the official website of the Pension Fund, and at the same time download the required form there.

In addition to it, the following documents will be required for processing payments:

  • testator's death certificate;
  • SNILS or a certificate from the Pension Fund of the insured person;
  • general passport of the intended heir;
  • documented evidence. Which can confirm the existence of a family relationship between the heir and the insured person.

It should be understood that a will will not help to receive the funded part of the pension. To do this, you must go through the entire registration procedure in the Pension Fund.

Payment term

If there are several heirs, then each of them, after submitting a package of documents to the Pension Fund, is issued a receipt, which confirms the fact of acceptance of the documents.

If the documents are returned to the applicant with a refusal, then a written notification of the refusal and the return of the documents is submitted to him.

After 6 months, all heirs must be notified of the final decision.

Those citizens who, as a result of its results, are entitled to cash payments, must receive them by the 15th day of the next month. The money is transferred to the account specified in the application.

When they can refuse

Legislatively defines the conditions under which applicants for payment will be denied receipt of funds:

  • in cases where it is established that the applicant does not have rights to the claimed inheritance;
  • if it is recognized that there are heirs who have more rights in the order of succession;
  • in cases where any payments have already been made from the savings;
  • when all the deadlines for filing an application for inheritance have expired, and they cannot be restored even by a court decision.

Decree of the Government of the Russian Federation No. 741 dated November 3, 2007 gives full list reasons why applicants may be denied the payment of inheritance on the funded part of the pension.

Potential heirs should always be aware of the time limits that apply when claiming inheritance rights.

Therefore, if there is any doubt in this matter, it is always better to consult a lawyer or consult directly with the Pension Fund.

Video: Inheritance of the funded part of the pension of the deceased spouse

After the death of a relative, all material goods that were in his possession, debt and financial obligations, as well as cash savings belong to the inheritance. This also applies to funds saved for a future pension. Inheritance of the funded part of the pension of the deceased occurs equally from the accounts of state and non-state pension funds.

Is the funded part of the pension of the deceased an inheritance?

Inheriting the pension of a deceased relative is one of the rights of applicants for valuables. But not all candidates can receive such savings, but only some of the representatives. So, the following categories of accumulative deductions will be transferred to the inheritance:

  • the amount of funds paid by the employer (every month, for all officially employed citizens, the employer makes contributions to the Pension Fund of the Russian Federation to the future pension account);
  • personal money transfers of the account holder;
  • maternity capital (one of the targeted uses of maternity capital is the transfer of finances to a savings account for the future transfer of pensions);
  • investments, that is, the income that the account holder receives from the turnover of savings.

An inheritance pension is transferred as a sum of money that was accumulated by a person, but he did not have time to use it. Inheritance is allowed only for those deductions that have never been used. That is, if the testator did not receive a single payment from the PFR due to his age or the continuation of work after reaching a pension.

Assignment of pension savings

During the formation of a savings account, its owner writes a handwritten application for the beginning of savings. Also signed a bilateral agreement with the pension fund for further cooperation. And the text of such an agreement may specify which of the relatives will become the recipient of the savings after the death of the account holder.

The second option for receiving a pension as an inheritance is the distribution of funds between legitimate applicants. So, if there is a will and the content of the document contains an order on the further inheritance of savings, then the specified applicant will receive the funds.

In the absence of a testamentary disposition, the money will be divided equally among the applicants in turn. Official spouses, parents and children have the priority right to receive inheritance. On the basis of the right of representation, the grandchildren will claim the property. In the absence of candidates of the first level, relatives of the second stage come to replace him. And so consistently, until the legitimate applicants for a pension are established.

Attention! If there is no will, and the deceased person has no relatives, then all material values ​​​​pass to the state.

Registration of an inheritance for a labor pension

The inheritance of the funded part of the pension occurs on the basis of the articles of the Civil Code of the Russian Federation, Government Decree No. 471, as well as federal law"On Pensions". According to the provisions of these regulatory legal acts, a labor pension can be inherited. And the procedure for registration of property rights to money will be as follows:

  • collection of documents confirming the legitimacy of claims for property;
  • applying to a pension fund (or to a notary, if the money is received by inheritance, and not under the terms of an agreement with a pension fund);
  • writing a handwritten application for the accrual of finances;
  • consideration of the appeal by the competent authorities;
  • preparation of an official response to the application and, if the decision is satisfactory, the money is transferred to the personal account of the heir.

How to get the pension savings of the deceased

Whether the funded part of the pension of the deceased is a testamentary inheritance is up to the account holder himself. This is due to the fact that the legislator reserves the right for the owner material assets independently manage all the benefits at your own discretion. During the preparation of a will, a citizen can draw up the following conditions for the inheritance of savings:

  • transfer only a part of the amount to a specific person, and the remaining amount of the pension will be divided among the applicants on the basis of the legal priority;
  • the savings will be transferred to several persons in equal or different shares;
  • Pension contributions to the will are not made for the purpose of their subsequent distribution among applicants according to the law.

To receive funds, you will have to contact the pension fund in which the testator's finances were kept. You will also have to submit a handwritten application for the payment of a pension. Refusal of assistance is also allowed.

The funded part of the pension after death: to whom it is paid

Inheritance of the pension of a deceased relative (including spouse) will occur only after the opening of the inheritance. To do this, you have to contact the notary office operating in the area where the deceased person is registered. At the notary, the applicant for property clarifies whether there is a will with an order regarding the further division of property. If yes, then all possible applicants for property rights are gathered and the text of the will is announced by the notary.

Important! In the absence of a letter of order, the lawyer checks for other relatives of the deceased person, and then establishes in what shares each of them can receive property.

How to find out the amount

Clarification of the amount of the deposited funds can occur in several ways, depending on where the savings account is opened. So, the following options are available to heirs and potential applicants for property:

  • receiving remote access to the account of the testator on the website of the PFR or non-state PF (knowledge of the SNILS number is required);
  • personal appeal to the bank, but not every financial institution is ready to provide such information (Sberbank, VTB, Gazprombank can help);
  • online on the website of the State Service, but only after authorization on behalf of the deceased person (you have to go to the section " public services", select "PFR", and then "check the balance of the savings account");
  • in a pension fund after confirming his relationship with the accumulator, as well as after confirming his legal claims to property (which can be proved only after the expiration of a six-month term from the date of death of the testator).

How exactly is it paid

There is a strict algorithm of actions on how to receive an underpaid pension for a deceased relative by inheritance. To do this, you have to follow these steps:

  • open an inheritance in a notary's office and state your claims to property;
  • submit a full package of related documents;
  • wait for the expiration of six months;
  • re-applying to a notary to obtain a certificate of the possibility of entering into inheritance rights;
  • filing an application with the FIU or NPF with a request to transfer money from the account in favor of the heir;
  • consideration of the appeal (the maximum period for making a decision is 30 calendar days);
  • receiving an official response with the refusal or satisfaction of the petition.

If a decision is made to execute the application, then within a month the funds are transferred to the heir. You can get them by postal order or to your personal bank account.

Documents for receiving the funded part of the pension of the deceased

The will of the funded part of the pension and its inheritance is regulated by the provisions of the Civil Code of the Russian Federation. The code also establishes the procedure for accepting property rights after the death of the testator. And it is impossible to complete the procedure without preparing a complete package of required documents. These include:

  • identity document (only a passport or birth certificate is allowed, depending on the age of the applicant for savings);
  • certificates confirming kinship with the testator (if the transfer of property rights occurs on the basis of legal order);
  • a copy of the testamentary letter, within the framework of which the last will of the deceased citizen is realized;
  • SNILS (only a number can be provided, but if the heir does not have such information, then this will not affect the right to receive property);
  • a bank statement with the account number where the funds are to be transferred.

Attention! it mandatory list papers, but depending on the circumstances, other certificates may be requested. So, if the heir is a minor citizen, then the passport of the legal representative of the participant is additionally transferred. If you miss the deadlines and their subsequent restoration, you will have to bring a copy of the relevant court decision.

Deadline for payment of the funded part of the pension of the deceased

The legislation does not provide for a single term during which pension accruals must be credited to the account of the heir. But, filing an application for registration of such savings for personal use is possible no later than six months after the death of the account holder.

As practice shows, the money arrives at the specified account of the applicant for property already after seven months from the date of death of the owner of pension savings.

How to make an application

The funded part of the pension is inherited by relatives after the death of the pensioner only on the basis of the applicant's handwritten application. That is, the candidate for payments must express his personal will to enter into the inheritance. It is his right, not his duty. So, when drawing up an application, it is necessary to display following blocks information:

  • personal information of the applicant for payments;
  • data of the testator;
  • grounds for the transfer of property rights to the account balance;
  • conditions of inheritance;
  • description of submitted documents;
  • signature and date of issue.

Sample application of the assignee for the payment of pension savings can be downloaded

After reading the application, employees of the pension fund should have a complete understanding of the legality of the grounds for the transfer of property to the heir.

How to get the insurance part of the pension after the death of a pensioner

You will not be able to inherit an insurance pension. This is one of the types of money that cannot be inherited. But there is one exception to this rule. Legitimate heirs can only receive payments for one month if the pensioner has not yet received state support in the current month.

Termination of pension payments begins on the first day of the next month after the death of the testator. And if he has not had time to receive payments yet, then his relatives can claim this money.

The procedure for inheriting the insurance part of the pension

Since the inheritance of insurance savings is impossible, then no one can claim them. There is no alternative procedure for taking possession of such funds.

In general, the unpaid part of the pension is also a share of the inheritance, but if for six months none of the citizens has declared their claims to receive such funds, then the savings will be transferred to the state. The exception is cases of extension of the terms of hereditary proceedings.

Legislative acts of the Russian Federation clearly regulate the procedure for inheriting pension savings of insured citizens after their death. From January 1, 2015, new Rules for payments to heirs (legal successors) of the pension savings of a deceased insured person came into force.

Funded pension and voluntary pension accruals can be inherited to the Non-State Pension Fund (hereinafter - NPF).

funded pension

The funded pension is a monthly lifelong cash payment to citizens, which consists of the pension savings of the insured person.

The inherited funded pension consists of:

  • the amounts that the employer withholds monthly from the employee's salary and transfers them to his individual personal pension savings account;
  • amounts of investment income from the placement of these funds.

These funds are located in Pension Fund of Russia(hereinafter - PFR) or in Non-state pension fund(hereinafter - NPF).

From January 1, 2009, citizens who voluntarily entered the state co-financing program from deductions of voluntary insurance premiums funded pension is formed.

The funds of the funded pension of the insured person, accounted for in the special part of his individual personal account, are subject to inheritance, which were not assigned to him before his death. In other words, it is possible to inherit the specified pension savings only if the person did not live up to retirement age or, having retired, did not have time to receive them. If a citizen was assigned a funded pension, and he got it at least once, then all remaining funds on the personal account are not subject to inheritance.

Retirement savings of citizens who have entered into state program co-financing are inherited not only in the part consisting of the listed insurance premiums, but also in the part consisting of co-financing funds (provided that they were not assigned or received).

The situation is more complicated with the inheritance of the funded pension, which is in the NPF. There are two options for inheriting such payments: non-state pension provision agreement(hereinafter - NGO or DPO) and under the compulsory pension insurance contract(hereinafter - OPS).

When inheriting under an NGO or DPO agreement, it is necessary to take control general rules prescribed in Chapter V of the Civil Code "Inheritance Law", as no special regulations on this issue have yet been developed. Hereditary property here is the property rights and obligations stipulated by the terms of each specific contract. Such treaties can be transferred to an heir(successor) or he may claim a ransom amount on him. In any case, in order to formalize inheritance transactions, you must first obtain from a notary office certificate of succession, which will serve as the basis for their commission.

Persons entitled to inherit funded pension

The heirs (successors) of the funded pension, the funds of which are included in the special part of the individual personal account of the deceased person, may be heirs (successors) upon application or heirs (successors) under the law.

Heirs (successors) upon application are persons whom the deceased, of his own free will and desire, during his lifetime indicated in the application left in the Pension Fund at the place of residence. This statement is administrative document testator on the distribution of funded funds between heirs (legal successors) and contains a specific indication to whom and what shares of pension savings will be transferred in the event of his death.

Heirs (successors) by law are the persons specified in paragraph 6 of Art. 16 of the Law on labor pensions, namely, the relatives of the deceased testator, who will be paid the accumulated pension funds, regardless of their age and ability to work, but according to.

The first in line are the children of the testator, his wife and parents. The second to take advantage of this payment will be the sisters, brothers and grandchildren of the testator, as well as his grandparents. The heirs of the second stage will be paid the funded pension of the deceased person only in the absence of an application for the payment of funds from the successors of the first stage.

As for the inheritance of a funded pension transferred to an NPF under an OPS agreement, the heirs are indicated in a separate clause of such agreement. If there are several successors, then their shares in the inheritance funds are also indicated. This is not a mandatory condition of the contract, therefore, in the absence of specific persons, the heirs acquire the right to inherit by law.

Deadline for submitting claims for inheriting a funded pension

For the inheritance of a funded pension, certain periods are established by law.

Thus, heirs (legal successors) of pension savings recorded during the life of the insured person in a special part of his individual personal account can apply for the payment of these funds. within six months of death such person to the territorial body of the Pension Fund at the place of his residence.

In accordance with paragraphs 1 and 2 of Art. 1183 of the Civil Code of the Russian Federation, the amount of the funded pension can be paid to the family members of the deceased person who lived with him, as well as his disabled dependents, regardless of the fact of living with the breadwinner. These persons must present their claims no later than four months from the date of death of the testator. Such rules apply when a lump sum payment was established during the life of the insured person, but not received due to his death.

In any case, the payment of funds Pension Fund will be made only six months after the date of death of the insured person.

Restoration of the missed deadline for submitting claims for the inheritance of a funded pension

If the specified period is missed, the heir (legal successor) has the right to apply to the court with a claim for restoration of missed time established for submitting an application to the Pension Fund for the payment of accumulative pension funds of a deceased person. But first, the heir (successor) needs to write funded pension application, take it to the Pension Fund and receive a written refusal to receive the specified payment due to missing the six-month deadline for filing an application.

Evidence is presented to the court that the deadline has been missed for a good reason. If the heir (successor) in his claim refers to unawareness about the possible receipt of payments belonging to the deceased, then he needs to indicate the specific reason for this, for example, the absence of a notification from the Pension Fund. In judicial practice, missed deadlines are most often restored in cases where the heirs (legal successors) are the minor children of the deceased person.

Procedure for inheriting a funded pension

After the expiration of the period for filing an application by the heir (legal successor), regardless of whether the application for the distribution of pension savings by the deceased insured person is submitted or not, the territorial department of the Pension Fund within a month performs the following actions:

  • verification of the compliance of the persons who submitted the application for payment with the circle of heirs (successors) indicated in the application for the distribution of savings by the deceased citizen;
  • in the absence of an application for the distribution of savings - verification of the compliance of the persons who applied for the payment with the circle of heirs (the fact and degree of relationship with the deceased person) who are entitled by law to receive these payments;
  • makes a decision to refuse the payment of accumulative pension funds:
    • if the persons who filed an application for payment will not be treated as heirs (legal successors);
    • will be treated as heirs of the second stage if there are heirs of the first stage;
    • they will miss the deadline for filing an application, not reinstated in court;
  • determines the shares of heirs(successors) upon inheritance:
    • in the absence of an application for the distribution of pension savings, establishes equal shares between heirs (legal successors) according to the law;
    • in the absence in the application for the distribution of accumulative funds of a shared distribution between the heirs (legal successors) indicated in it, upon application, establishes equal shares for them;
    • in case of refusal of one of the heirs (successors) from the share due to him, distributes it among other heirs (successors) according to the law;
  • determines the total amount of accumulative pension funds of the deceased person, which is subject to distribution among the heirs (legal successors):
    • calculates the amounts for payments to each of the applicants according to their shares;
    • makes a decision on their payment;
  • determines the amount of remaining savings for their transfer to the reserve fund for compulsory pension insurance (if there are grounds for this).

The procedure for applying for successors to receive payment

In order for the heirs (legal successors) to receive the funded pension of the deceased insured person, they must, no later than six months from the date of death of such a person, apply to the territorial department of the Pension Fund place of residence of the deceased with an application for the issuance of the said payment.

It is also possible for heirs (successors) to apply to the Pension Fund through your representative or send an application for payment with the necessary documents attached to it by registered mail.

The application must necessarily indicate in what way the heirs (legal successors) want to receive the inheritance funds.

After receiving such an application, the pension authority carefully checks the availability of all required documents that are attached to it. Verification is carried out 5 working days, after which the applicants for inheritance are issued or sent by mail receipt-notification and return all original documents submitted.

The same applies to filing an application with the NPF.

The procedure for making payments

Payment to heirs (legal successors) of the amount of accumulative pension funds that were taken into account in the special part of the individual personal account of their deceased relative, carried out before the 20th day of the month following the month in which the decision on such payment was made. The Pension Fund sends a copy of the decision to pay or refuse to pay to the heirs no later than five working days after the adoption of the relevant decision.

As for the NPF, there is no special procedure for paying funded pensions under the NGO agreement, therefore should follow the laws of inheritance provided for in Chapter V of the Civil Code.

When concluding an agreement with an NPF, as a rule, this procedure is clearly prescribed. It all depends on what pension scheme the contract was concluded under - permanent or urgent.

Required documents

When registering inheritance, the successors must attach the following documents to the submitted application for the payment of funded pension payments:

  • passport or other document proving the identity of the heir (legal successor), his age and place of residence;
  • for the legal representatives of these persons:
    • a document proving their identity;
    • a document confirming their legal authority;
  • for heirs (successors) by law- documents confirming their relationship with the deceased person:
    • for his children and parents - the birth certificate of the children and the deceased person, respectively;
    • for a spouse - a marriage certificate;
    • for adopted children - adoption certificate;
  • death certificate of the insured person;
  • insurance certificate of compulsory pension insurance of the deceased.

When failure one of the heirs (successors) from receiving the share due to him, he must submit a corresponding application to the Pension Fund. And if the heirs (legal successors) missed the deadline for submitting an application for the payment of a funded pension of the deceased, judgment about its restoration.

Conclusion

  • The funded pension of the insured person, which is included in the special part of his individual personal account, be inherited after the death of the said person.
  • Heirs (successors) of the funded pension of a deceased person may be heirs (successors) upon application or heirs (successors) under the law.
  • The deadlines for submitting claims for the payment of a funded pension of a deceased person vary, but do not exceed six months from the date of death of the insured person.
  • Restoration of the missed deadline for submitting a claim for payment only possible in judicial order .

Citizen T.'s father died at the age of 45. My father worked at one of the enterprises of the city where he lived. His period wage was 16500 rubles. The daughter wants to receive the funded part of the pension of the deceased father, but doubts whether she should do it.

Answer

It is unequivocal that citizen T. should inherit the amount of pension savings of her deceased father, taken into account in the special part of his individual personal account, since the amount payable will be several tens of thousands of rubles. To do this, after receiving a certificate of the right to inherit, she needs to collect a package of documents and, together with an application for payment, submit them to the Pension Fund at the place of residence of her deceased father.

Citizen M.'s husband died on December 25, 2014. She applied for the payment of her deceased husband's pension savings to the Pension Fund at the place of residence in April 2015. She is interested in the question of when she will be able to receive this money.

Answer

The Pension Fund makes a decision on the payment of these funds no later than the month following the month when the six-month period expires for the heir (legal successor) to submit the relevant application for payment. The PF must inform the applicant of its decision no later than five business days from the date of such decision.

In accordance with the new Payment Rules, the amounts of the accumulative pension funds of the deceased insured person are paid to the heirs (legal successors) before the 20th day of the month following the month in which the decision on such payment was made.

Taking into account the fact that the husband of citizen M. died on December 25, 2014, the application was submitted by her within the period established by law, the Pension Fund is obliged to make a decision on the payment by July 25, 2015, and to make the payment before August 20, 2015.

When contacting a notary in order to inherit property, the question often arises of the possibility of obtaining a pension of the deceased. The relevance is due to the entry into force of the law "On Funded Pension", since since 2015 it has become possible to independently invest in future well-being.

Are retirement savings inherited?

To understand the basic principles of pension inheritance, one should refer to the law. Until 2015 people born since 1967 had to decide whether they would receive an insurance pension or an insurance pension with a funded one. Law FZ-424 changed the previously established procedure, and since 2015. a person can receive not a combined pension, but only an insurance or funded one. The latter is formed by contributions paid on a voluntary basis. For this, it is not forbidden to use maternity (family) capital.

According to the law No. 360-FZ of November 30, 2011, art. 2, pension savings provide the following types of payments:

  • one-time payments of pension savings in full;
  • urgent pension payments at intervals of 1 month - paid for the period of insurance, but not less than 10 years;
  • perpetual (for life);
  • payments to the heirs of the deceased.

Payments can be made in a lump sum until retirement only for disabled people or in case of loss of a breadwinner.

funded pension

Funds intended for the payment of pensions are accumulated in a pension savings account. A person can choose for himself where it is more profitable for him to place funds: in the Pension Fund (PF) of the Russian Federation or in the Non-State PF.

Calculation of monthly payments depends on the amount on the account. The payment period is adjusted every year to reflect average life expectancy, and in 2020 it will be 234 months.

The advantage of this type of pension is the possibility of its transfer by inheritance.

You can claim the funded pension of the deceased only if he has not begun to receive payments from the available amount.

Inheritance of accumulated pension funds

Funds from the account of the deceased can be paid on the basis of the application of the testator, which indicates the heirs, or they will pass by law.

An application-order can be drawn up in the PFRF. In fact, the document resembles a will, according to which funds can be distributed among relatives or strangers.

In the case of applying to the NPF, the conditions for the transfer of funds can be prescribed in the agreement on compulsory pension insurance.

In the absence of an order, the amount will be distributed among the applicants:

  • 1st turn: children, spouses, parents, grandchildren by right of representation;
  • 2 turns: brothers and sisters, grandparents, nephews and nieces by right of representation.

Between representatives of the same queue, funds are inherited in equal parts.

Example. Citizen S. transferred funds to the NPF. After his death at the age of 53, he was survived by his wife and 2 daughters. The amount of pension savings in the fund reached 420 thousand rubles. Since the wife and daughters were heirs of the first stage, the funds were divided equally - 140 thousand rubles each. each.

The grounds for paying pension savings to relatives are:

  • The death of a citizen that occurred before the payment of funds from the amount of pension savings. The amount does not include family (maternity capital) funds.
  • The death of the owner of the accumulation, which occurred after the appointment of an urgent pension.
  • Death before the payment of pension savings.

If maternity capital was included in the amount of accumulation funds, then only the following groups of citizens will be able to receive it:

  • father (native or adoptive) of the child;
  • in the absence of a father - children under 18 years of age or, in the case of education - up to 23 years of age, provided that they are in full-time education.

If these persons cannot inherit, then the entire amount of maternity capital is subject to transfer to the PF.

Lost monthly pension

Retirement insurance payments citizen receives on condition:

  • reaching retirement age;
  • assigning a disability group;
  • loss of a breadwinner;
  • for years of service to certain categories of citizens.

According to Art. 23 of the Law "On Labor Pensions", the amount of the pension that was accrued for the current month, but was not paid due to the death of a pensioner, is paid to family members, but is not part of the estate.

Not everyone will be able to receive the accrued funds, but only the following citizens:

  • children and grandchildren, if they: have not reached the age of 18; over 18 years old, but under 23 years of age and receive full-time education; have lost their ability to work before the age of 18 and do not have able-bodied parents;
  • a parent, spouse, grandparent, brother or sister, an adult child, if they do not work and are engaged in raising a child, sister (brother), grandson of the deceased who has not reached the age of 14;
  • disabled parents or those who have reached retirement age (55-women and 60-men) age;
  • grandparents who have a disability group or are pensioners, provided there are no persons obliged to support them.

Based on Art. 1183 paragraph 1, the unreceived pension of the deceased can be received by persons who lived together with the deceased, as well as disabled persons who are dependent on him, regardless of place of residence.

How to get a pension of the deceased

After the death of the testator, you can receive both the unpaid pension and its funded part.

How to get unpaid monthly pension

At the time of death of a person receiving a pension, he will be credited with the amount for the entire calendar month. In order to receive funds, you must contact the pension fund at the place of residence of the pensioner.

The period for the said persons to receive the unpaid sum is limited to 4 months (Article 1183 of the Civil Code of the Russian Federation). However, according to Art. 26 of Federal Law No. 400 is possible within six months.

To avoid disputes, it is better to meet the 4-month deadline. Otherwise, the amount will be included in the inheritance and divided among the applicants.

The procedure and terms for issuing the funded part of the pension

To receive the accumulated funds, it is necessary to contact the state or non-state PF, where the testator paid contributions before death. As a rule, this is the nearest branch of the PF. To find out the exact address, you can contact the PF, MFC, find information on the State Services portal.

In person or through an authorized representative, you must submit the following documents:

  • statement;
  • identity card indicating age and place of residence;
  • documents reflecting the nature of the relationship with the deceased (birth certificate, marriage certificate, adoption certificate);
  • death certificate (if any);
  • insurance number of an individual personal account (SNILS).

Additional documents may be required:

  • certifying the legality of the actions of the guardian or custodian;
  • a court decision if the original deadline for filing was missed;
  • court decision on deprivation of parental rights;
  • certificate of study educational institution if the heir is over 18 but under 23;
  • if a trustee acts on behalf of the heir -.

If there are no original documents, copies certified by a notary may be submitted.

Term of circulation - no later than 6 months from the date of opening of the inheritance.

If the deadline for filing an application has been missed, it can be restored in court. It is important to consider whether the resulting amount will cover the legal costs.

Verification of documents takes up to 7 months from the date of death. After that, if the PF is non-state, within 3 working days a notification is received about the decision to transfer funds to the account of the heir. The Pension Fund of Russia sends a decision within 5 working days.

Getting paid

Pension savings payments are made in 2 ways: through the mail of Russia or by transfer to a bank account. The heir indicates in the application how he wishes to receive the funds.

Regardless of which fund makes the payment, the transfer period is 20 days from the date of the decision.

Features to consider:

  • If the method of transferring payments was indicated incorrectly in the application, it can still be changed before the expiration of a six-month period from the moment the inheritance was opened.
  • If you want to receive money not through the mail of Russia, you must provide bank account details or savings book. At the same time, it should be taken into account that if there is a deposit on the book, deposits: “Special”, urgent, compensatory; “Save” or “Replenish” funds, you will have to issue another savings book.
  • When transferring the amount by Russian Post, the costs for the transfer will be deducted from it.

Not everyone knows about the legal right to receive not only the property of the deceased, his deposits, securities but also a funded pension. An important point is the need to apply directly to the Pension Fund, as well as applying to strictly set time equal to 4-6 months. It is worth noting that not only the funded pension can be received after the death of the testator.

Although the social pension is not included in the inheritance mass, relatives can claim the shortfall in monthly payments. Awareness and legal literacy will help to avoid mistakes when applying to the Pension Fund.

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