1. Disabled members of the family of the deceased breadwinner who were dependent on him (with the exception of persons who have committed a criminally punishable act that resulted in the death of the breadwinner and established in court) have the right to an insurance pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members specified in clause 2 of part 2 of this article shall be granted the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner if the missing breadwinner is certified in accordance with the procedure established by the legislation of the Russian Federation.

2. Disabled members of the family of the deceased breadwinner are recognized:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations engaged in educational activities, including in foreign organizations located outside the territory of the Russian Federation, until they complete such training, but not longer than until they reach the age of 23 or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they became disabled before reaching the age of 18. At the same time, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled members of the family, provided that they do not have able-bodied parents;

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as the brother, sister or child of the deceased breadwinner who has reached the age of 18, if they are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, do not who have reached the age of 14 and are entitled to a survivor's insurance pension in accordance with paragraph 1 of this paragraph, and do not work;

3) the parents and spouse of the deceased breadwinner, if they have reached the age of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled;

(see text in previous edition)

4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation are required to keep them.

(see text in previous edition)

3. Family members of the deceased breadwinner are recognized as being dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.

4. Dependence of the children of deceased parents is assumed and does not require proof, with the exception of the said children who are declared in accordance with the legislation of the Russian Federation as fully capable or who have reached the age of 18 years.

5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, are entitled to an insurance pension in the event of the loss of the breadwinner, if they, regardless of the time that has passed since his death, have lost their source of livelihood.

6. Disabled members of the family of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who themselves received a pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner.

7. The insurance pension in the event of the loss of the breadwinner-spouse is preserved upon entering into a new marriage.

8. Adoptive parents are entitled to a survivor's insurance pension on an equal footing with their parents, and adopted children are on a par with their own children. Minor children who are entitled to a survivor's pension shall retain this right upon adoption.

9. A stepfather and a stepmother are entitled to an insurance pension in the event of the loss of a breadwinner on an equal footing with the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter are entitled to an insurance pension in case of loss of a breadwinner on an equal footing with their own children if they were raised and supported by a deceased stepfather or stepmother.

10. An insurance pension in case of loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death, except for the cases provided for by paragraph 11 of this article.

11. In the event that the deceased insured person has no insurance record, or if disabled family members of the deceased breadwinner commit a criminally punishable act that resulted in the death of the breadwinner and is established in court, a social pension for the loss of the breadwinner is established in accordance with the Federal Law of 15 December 2001 N 166-FZ "On State Pension Provision in the Russian Federation".

It is assigned to disabled members of the family of the deceased who were dependent on him:
- spouse or parents who are disabled or;
- minor children, grandchildren, brothers and sisters under the age of 18, including those born within 9 months after the death of the breadwinner;
- minor children, grandchildren, brothers and sisters studying full-time in any special educational institutions, until the end of their education or until they reach the age of 23;
- relatives of any age caring for the children of the deceased breadwinner before they turn 14 years old.

Grandchildren, brothers and sisters of the deceased will receive a pension if their parents' disability is proven in court. Children born in a civil marriage can also receive a survivor's pension if they were officially adopted by him or paternity was recognized by a court decision. Care pension is assigned to only one of the relatives, regardless of the number of minor dependents.

The amount of the survivor's pension

Minor children will receive a pension until a certain age, but dependents - disabled people and parents - for the rest of their lives. In general, the size of the pension is set at 50% of the breadwinner's income for each disabled family member, but its minimum size is limited to 2/3 of the minimum old-age pension. The maximum also has its limit - this is the minimum old-age pension. In the event that the number of disabled family members exceeds 2 people, the pension will be paid one at a rate of 100%. The pension case is opened for the remaining parent or guardian.

There are exceptions to this rule. If occurred in the event of a military injury, each disabled member of his family will receive a pension in the amount of the minimum old-age pension. If the children have lost both parents or are the children of a single mother, the amount of the pension for each is set at a coefficient of 1.5 in relation to the minimum old-age pension.

In 2014, the indexation of pensions on February 1 and April 1 was provided, but the government promises that if inflation exceeds the possible norm, indexation will be carried out for the third time.

Please note that documents for the calculation of a survivor's pension should be submitted within 12 months from the date of his death. In this case, it will be accrued from that day, but if the application is submitted later, the family members of the deceased will receive it from the day the application was submitted.

To create conditions for social the protection of persons who, for reasons beyond their control, have lost their main income, is granted state assistance in the form of a cash allowance.

So, certain groups of citizens are provided for by law. Consider who is provided with such support from the state, and how much they pay in 2018.

Social pensions for the loss of a breadwinner in 2018

Due to the death of a family member, disabled subjects who were dependent on him, have the right to pension contributions from the state. At the same time, the registration of a social pension is carried out on the basis of the Federal Law "On State Pension Provision in the Russian Federation" dated December 15, 2001 No. 166-FZ ( Further- Law No. 166-FZ). Thus, the following specified entities apply for the appointment of the payment of cash benefits:

• minor children under eighteen years of age;
• adult children of the deceased, if they are and enrolled in full-time education (the limit of the payment period will be limited to the end of an educational institution or the achievement of 23 years).

Cash allowance in connection with the death of a relative in 2018 is issued at the Pension Fund (local branch). During the period of application for payment, confirmation of the following circumstances is required:

• the fact of a person's death;
• relationship with the deceased;
• the age of the applicant;
• full-time study in an educational institution;
• Russian citizenship.

Today, a person can apply for a pension:

1. with a personal visit to the Pension Fund or the MFC;
2. by sending a registered letter;
3. using step-by-step instructions on the Pension Fund website.

Documents required to apply for a survivor's pension:

• the application itself;
• the passport;
• death certificate;
• SNILS;
• papers certifying the fact of kinship;
• employment history;
• certificates indicating other circumstances for which pension contributions are due, for example, a document confirming full-time studies or a disability.

It takes up to 10 business days to review the application and attached documentation. Then the answer is officially given on the accrual of pension benefits.

In April 2018, an increase in social survivor's pension by 4.1 percent

Indexation of a survivor's pension for a child in 2018

• RUB 5034.25 (since April 1, 2018 - 7586.35 rubles):
• children who have lost one of their parents;
• other disabled persons;
• RUB 10068.53 (since April 1, 2018 - 10472, 24 rubles):
• an orphan who has not reached the age of majority;
• the child of a deceased single mother.

If we talk about the size of the pension on the occasion of the death of an employee in the structure of the Ministry of Internal Affairs and a soldier who died due to military wounds, the amount will be 10,068.53 rubles. monthly (since April 1, 2018 - 10440.53 rubles). In the event of the loss of a military man who died as a result of an illness during his service, 7,551.38 rubles are provided. (after the increase - 7830.78 rubles).

Pension contributions of a social type are indexed annually, taking into account the growth rate of the subsistence minimum for the past year

Loss of a survivor: insurance pensions in 2018

Benefits are received by the children of workers (if the deceased citizen has a seniority and he worked officially). Requirements, the procedure for providing such deductions are regulated in the articles of the Federal Law "On insurance pensions" dated December 28, 2013 No. 400-FZ. Moreover, the size of the survivor's pension depends on the following components:

• individual pension coefficient of the deceased (IPK);
• the cost of coefficient points;
• fixed payout.

Since 2018, the cost of one pension coefficient has been 81.49 rubles, and the fixed amount indicator for this type of payment is 2491.45 rubles.

Minimum survivor's pension in 2018

The law states that pensions cannot be lower than the subsistence level. In this case, if the amount of the insurance pension is below the specified limit, an additional surcharge is issued.

Note!

The PM differs depending on the region where the applicant is located. If in a separate subject of the Russian Federation it is higher than the specified indicator, a regional surcharge is assigned.

In 2018, the living wage for the country as a whole is 8,726 rubles.

Survivor's pension: can I work?

You lose the opportunity to receive employment. Deductions are canceled from the 1st day of the month following the month of employment (if you started working on September 15, you will still receive payments for this month, but not for October).

When is survivor's pension issued?

The child is provided with a monthly allowance. Consider the date from which the survivor's pension is issued. She is appointed from the first day of the month when the application for accrual is accepted, but not earlier than the date of death of the deceased citizen.

Summary

The legislator guarantees at the federal level the provision of pensions for less protected citizens after the loss of their breadwinner. Funds are paid to the children of workers, military personnel who died in the line of duty, after receiving serious injuries at work, employees.

In the event that a child is not provided with an insurance pension as a result of the death of a father or mother, a social pension is accrued to him.

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The right to apply for a survivor's pension is received by his immediate family, if there are certain reasons for this. The legislation establishes the procedure and conditions for the appointment of payments.

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Families that have lost a family member who provided them with income are entitled to state assistance for the loss of a breadwinner.

It can be of several types - labor (insurance), state and social. The most common is the insurance pension.

general characteristics

The survivor's pension is a payment made every month to the dependents of a deceased citizen (or missing person), as part of the compensation for the income that they received before his death.

To recognize a citizen as dead or missing, the relevant documents must be submitted.

If such papers are not available, then the fact of death or loss can be established through the court on the basis of.

What it is

If the breadwinner of the family disappeared without a trace, then he is equated to the deceased and the pension is paid in the prescribed manner.

Disabled citizens are called:

• limited ability to engage in labor activity due to the need to care for minor children (under 14 years old);
• if disability is a consequence of age (up to 18 or 23 years (in case) and after 55 and 60 years for women and men, respectively).

Adoptive parents and adopted children have the same rights as relatives. To confirm the dependency of minor children, no certificates are required.

In what cases is it assigned

A labor pension in the event of the loss of a breadwinner is assigned only in the event of an insured event - the death of a citizen who had close relatives as dependents.

In addition, for the appointment of a pension, it is imperative that the following factors be present:

Such a pension is assigned from the day the right to this arises (after the death of the breadwinner) after an appropriate application to the FIU.

What regulations govern

The main legislative act regulating this issue is “On insurance pensions”, which was adopted in 2013.

After that, in 2020, changes and changes were made to it. This law specifies the conditions for the appointment of this type of pension provision.

A list of citizens who are usually called disabled is also indicated.

Terms of registration

The main requirements for a dependent to receive a survivor's pension are:

• the presence of a permanent place of residence within the Russian Federation;
• proven disability (no need to prove for);
• the absence of another type of pension in case of loss of a breadwinner.

In the latter case, this refers to a social pension, which is assigned in the case when the breadwinner has not had a day of insurance experience.

Also, a social pension is also assigned when the breadwinner died as a result of the illegal actions of one of the dependents.

Who can apply

A labor pension is assigned to disabled citizens who were dependent on the deceased.

Family members of the deceased who are recognized as disabled	In this case, the allowance is assigned without taking into account the length of service of the breadwinner, as well as the period of his death. Dependents are considered to be citizens whom the deceased fully supported or helped them financially, and they have no other sources of livelihood
Relatives of the breadwinner	Who are under 18 years old
Relatives of the deceased	Who are not yet 23 years old and who are studying in educational institutions (including those located abroad)
Married couple or parents of the breadwinner	If they are over 55 or 60 years old or disabled
Grandmother and grandfather	If they have reached the age of 55 and 60. The same applies to the disabled if there is no one else to take care of them.
Relatives of the deceased who have reached the age of majority	But they cannot work the way they should care for other disabled relatives (who are entitled to receive a survivor's insurance pension). In this case, the fact that such a citizen is dependent on the deceased does not matter.

Legislation provides equal rights for adopted children and adoptive parents, stepfathers or stepmothers, stepdaughters and stepchildren, as well as for natural children and parents

What is the size of the survivor's pension in 2020

The amount of the survivor's pension depends on the insurance period of work of the latter.

It is made up of the following parts:

Fixed payments are subject to indexation by the state every year, so their size is constantly increasing.

An increase in this part of the pension is also possible for the following persons:

• children who have no parents left receive a fixed payment in double the amount;
• for citizens living in certain territories, the amount of the payment is multiplied by the regional coefficient.

The insurance part of the pension is calculated according to the following algorithm:

P=B*S

Such a formula can only be applied if a citizen has not yet received a pension before death.

Otherwise, the calculation should be carried out according to the following scheme:

P=B/C*S

where K is the number of dependents.

An increase in the individual coefficient occurs when the breadwinner already had the right to draw up a pension, but did not open it.

The minimum pension is set at the subsistence level envisaged by the Government for 2020.

If, according to calculations, the amount of the pension does not reach this number, then the PFR will assign a social supplement.

To receive this allowance, you do not need to write an application - it is calculated automatically for the time that the pension is accrued.

List of documents to be collected

You can apply for this type of pension provision at the branch of the Pension Fund at the place of residence or at the Multifunctional Center.

Here you need to submit the following documents:

• passport of a citizen of the Russian Federation;
• a document certifying the death of a citizen;
• documents that can confirm the existence of family relations with the deceased;
• certificates of the amount of insurance experience of the deceased breadwinner.

PFR employees have 10 days to review documents. If all of them were drawn up correctly, then the payment is set in the appropriate amount.

Correctness of filling out the application (sample)

The application must be made at the place where the pension was issued - at the Pension Fund of the Russian Federation or the Multifunctional Center.

You can write it only in such cases:

• payment processing takes place within a year after the death of the breadwinner and payments are assigned from the first day after his death;
• the application was written after 1 year, but payments are also assigned from the day of death.

The application is filled out on a special form, which is issued by the FIU. It must include the following information:

• the full name of the FIU branch;
• personal data of a citizen applying for a pension;
• SNILS number of the deceased;
• place of residence;
• passport data;
• contact details (phone number);
• type of pension to be assigned;
• indicate the number of dependents;
• information about whether the citizen received a pension before his death;
• the names of the documents that are attached to the application;
• date of writing;
• signature.

The text of the application must be written in literate language. If all the necessary documents are not attached to the application, then the FIU employees must explain this and help eliminate the problem by issuing all the necessary certificates.

Subtleties and nuances

The payment of a labor pension for the loss of a breadwinner occurs every month. Its recipient has the right to choose the method of delivery.

It can be home delivery or transfer to a bank card. If a pension is assigned to a minor child, then its recipient is the parent (or adoptive parent) or.

But this applies only to those children who have not yet reached the age of 14. Starting from this time, they can receive payments on their own, but for this you need to write a corresponding application to the FIU.

If the recipient of the pension is a minor child who has no parents and lives in an orphanage, then the funds will be transferred to his personal account, which must be opened by the heads of this institution.

Often a pension is issued to the wife of the deceased. This is possible in two cases:

• she is disabled;
• she brings up children up to 14 years old.

If she decides to remarry after some time, then the allowance will remain with her until the limiting circumstances occur (children reach a certain age).

A survivor's pension is a contribution to the relatives of the deceased subject to certain requirements. The amount is established by law and may be equal to the pension of the deceased. In 2018, it is planned to index about 5%.

Condition for granting a pension

Relatives with varying degrees of kinship living at the expense of the deceased have the right to a survivor's pension. At the same time, the grounds for considering him dead are:

• death certificate for any reason;
• a certificate of recognition as missing or a court decision.

Who is to be paid

The law describes family ties with the conditions for assigning payments:

• Children of the deceased (also adopted). At the same time, even if the parents are not officially married, the child's survivor's pension is paid if there is evidence of paternity (maternity). These are the certificate of registration of the newborn, in which the column "father" is not empty. The child loses the right to benefits when he reaches the age of majority. And also when marrying before the age of 18 or doing business (or employment in accordance with the Labor Code) with the permission of the guardians (adoptive parents).
• Relatives under 18. These include brothers, sisters and grandchildren. By law, they are recognized as incapacitated by age, and therefore, a priori, they are considered to be supported by an adult.
• Relatives students studying in an institution of any degree of accreditation in the full-time department (the size of the pension for the student is discussed below). Proving the fact of dependency is necessary with a certificate from the university. Valid until age 23.
• Relatives with disabilities. If the medical examination (expertise) and the assignment of the group is fixed before the age of 18. They are assigned a survivor's pension in the absence of their able-bodied parents.
• Disabled spouse or parents, incl. disabled people. A citizen who has a pensioner's certificate is legally incapacitated. If the issuance of the certificate occurred after the registration of the pension of the deceased, the latter do not cease to be transferred. When registering a new marriage, money is also paid if the pension was issued in advance.
• Grandpa and Grandma deceased who have reached retirement age. With the condition that there are no other relatives who are ready to take care of them.

The size of the survivor's pension in 2018 is similar for relatives or adopted children, stepsons and stepdaughters, guardians and stepmothers, etc.

The payment amount is recalculated annually.

The law protects all family ties, incl. not native, but notarized. The only condition is confirmation of the presence of the deceased. If his baby is adopted by a new family, subsidies in his direction do not stop.

Dependent care pension

Separately, it is worth noting a slightly different type of assistance, which is called a pension due to the provision of care for dependents who have lost their breadwinner. It is intended for persons who have taken care of the young children of the deceased (up to 14 years of age). The payment of a survivor's pension goes to the account of only one of the relatives or guardians, even if several persons actually support them (for example, aunt and uncle). It is recommended to apply for an unemployed person or with no official salary, as this is a mandatory requirement. By the way, unemployment benefits are not recognized as such, due to volatility. Deductions continue until the youngest of the children of the deceased is 14 years old.

Types of state aid

Which survivor's pension is granted depends on its classification and side characteristics. Today, the following types are defined:

• State. The deceased was an astronaut, a serviceman or a participant in the liquidation of radiation disasters.
• Social. Designed for situations where the deceased is not registered in the insurance system and does not have a pension.
• Labor (insurance). Appointed if the deceased was employed and registered in the social. the insurance system.

Social assistance is intended mainly for children and minors. State - for relatives of the military and all equated categories who cannot provide for themselves, for example, due to age. Survivor's insurance pension is provided for all categories, described in detail in the first section.

The first two types of benefits are fixed and are established by the relevant acts, and the insurance payment is made on the basis of the calculation of the pension of the deceased.

The amount of social and state payments

Based on the situation and the cause of death, the size of the survivor's pension in 2018 also varies. State aid is within the following limits:

• 200% of the amount of the social pension if the death occurred due to an injury or accident while on the job. The amount of the social pension is 3.6 thousand rubles;
• 150% if the death occurred due to an illness received in the service;
• 250% for children if the father died during the liquidation of a man-made or radiation accident;
• 125% of a relative who was on the support of a person who died during the liquidation of the accident;
• 40% of the astronaut's salary;
• The district coefficient is added to the indicated size if the family lives in difficult climatic (northern) conditions. When moving to another area for permanent residence, the coefficient is removed.

At the same time, state assistance acts as a constant value, is due to each relative, subject to a number of conditions, and is provided in addition to the already existing benefits or pensions of relatives.

Social pension

The social pension for the loss of a breadwinner for orphans today is 9.6 thousand rubles, and for children who have lost one parent - 4.7 thousand rubles per month.

The change in the survivor's pension, as well as other types of benefits, takes place in April, according to the latest announcements. This is related to indexing.

Calculation of the amount for the pension of the deceased

If the deceased worked at least one day officially, his relatives are entitled to a survivor's pension, the amount of which is calculated according to his income.

Its calculation is very complicated and consists of two components:

• Basic. The value is fixed and depends on the social subgroup. Today, the following parameters apply: 4.3 thousand rubles for children, 2.1 for each adult. When living in the Northern regions, an additional regional coefficient applies.
• Insurance. It is determined on the basis of the capital of the deceased (pension).

In general, the amount of the survivor's pension in 2018 is calculated according to the formula:

PC / (T + K) / KN + B, where

• PC - pensioner's capital at the time of death;
• T is the period of waiting for the accrual of a labor pension;
• K is the ratio of working hours to 180 months. Until the deceased reaches the age of 19, the norm is 12 months, after which 4 months are added for the lived year. In this case, 180 months is the limit.
• KN - the number of relatives who are disabled on the day the bereavement pension is issued.
• B- basic component.

The purpose is for each relative, subject to the requirements of the law for each situation. The presence of own pensions or state benefits does not affect the decision.

Accounting for the insurance part

If the deceased has already been accrued a labor pension, for the loss of a breadwinner in 2018, a payment is calculated in proportion to its insurance part, and the basic (fixed) part does not participate.

For a baby from an incomplete family who has also lost a single mother, the subsidy is formed in a double amount. The calculation is similar: according to the PC of the mother or according to the individual part of the pension (insurance), if she received it before her death.

The insurance pension for the loss of a breadwinner is not provided for in case of involvement of relatives in the violent death of the deceased or infliction of harm to him, resulting in death.

What documents are needed

Registration takes place at the local PF, where you can clarify the size of the survivor's pension that is due in a particular case.

Be sure to collect a list of papers:

• applicant's passport;
• death document;
• papers on kinship (registration of marriage, birth, etc.);
• workbook of the deceased.

Additional package of documents

The following list of documents changes based on whether a labor pension for the loss of a breadwinner is due, social or state. A detailed list is better to clarify in advance in the PF.

Additional papers are, according to the situation:

• certificate of the salary of the deceased;
• documents on guardianship, adoption;
• confirmation of the fact of dependency;
• document of a single mother, if she died;
• certificate of completion of the course in full-time education from the secondary educational institution, university;
• a document certifying the absence of work for the applicant who cares for the children of the deceased;
• confirmation from each relative (brothers, sisters, grandchildren);
• certificate of disability, if any;
• information about the loss of a source of income;
• data on registration or residence of a relative outside the territory of the Russian Federation.

It is necessary to transfer photocopies to the employee of the Pension Fund and present the originals. In addition, an application is filled out, which contains information about the applicant, about the deceased, all relatives applying for payment, a current account in Sberbank for transferring deductions.

The term for consideration of the application to the FIU

Consideration lasts up to 10 days, after which a list of persons is assigned and how much the survivor's pension will be in each case. Coordination is carried out once, but the duration of deductions is different according to the situation:

• before the age of 18;
• before the age of 23 for students;
• before the expiration of the certificate of disability (for those who are unable to work for this reason);
• for life, when a relative retires.

If after school the applicant did not immediately enter the university, the survivor's pension in 2018 ceases to be transferred from the age of 18. If there is a certificate from the educational institution, which should be transferred to the Pension Fund, the process is resumed.

In any case, the employee will specify the validity period and the frequency of repeated requests.