Accumulated part after the death of a pensioner. Pension savings and their payment after the death of a relative - how to get it and who is entitled to succession? Terms of contacting the Pension Fund or NPF

The unreceived pension of a deceased pensioner is considered part of the hereditary mass in the event that the person before death has not yet had time to exercise the right to transfer this type of social benefit. If we are talking about unpaid, but already accrued in this month the amount of pension savings, the relatives of the deceased also have the right to receive funds. Moreover, despite the obvious differences, both options require the submission of a corresponding request to the FIU from each interested person. In automatic mode, transfer of unpaid pension accruals not produced.

Briefly about retirement

The accumulative component of the retirement benefit includes the amount of savings formed through the following cash contributions:

1. voluntary contribution of personal funds;
2. maternity capital (for the female part of the population);
3. investment income if cash citizens are used in any funded program;
4. deductions from the place of employment.

And here it should be clarified that the last option is relevant only for persons born before 1967. Such citizens were endowed with the right to choose, valid until 2015 and making it possible to decide exactly where the deductions from the employer will go - to insurance payments or partially to a savings account.

But for citizens born after 1967, only independent formation this type of pension. In other words, a person can use the finances of the personal budget or other means, for example, maternity capital.

Is it possible to count on the retirement savings of a deceased relative

Funds stored in the accumulative pension account of a deceased citizen are often of interest to his successors, but not all of them are aware of whether it is possible to claim unpaid money at all. In fact, this is not only permissible, but also legally fixed.

Paragraph 1183 of the Civil Code explicitly states that it is possible to receive the pension savings of the deceased in the same way as a number of other payments due to him. Moreover, the right to possession of the amounts belonging to the deceased is transferred to relatives on the basis of succession. In other words, by inheritance.

If we are talking about the amount of retirement benefit not issued in the current month due to the death of a pensioner (if he has already received life benefits), then his relatives are also entitled to accruals due for a specific period of time. However, the rest of the savings in this case are no longer taken into account.

To begin with, it is worth clarifying that any owner of an accumulative retirement account has the right to determine in advance the list of recipients of funds in the event of his death. To do this, you should send a written order to the Pension Fund or NPF (depending on where the account is based), in which you should specify in detail to whom and in what shares the available funds should be transferred. In this case, not only relatives can act as heirs, but also friends, neighbors, colleagues or other persons at the request of the owner of the funds.

If such an expression of will takes place, then the savings are transferred in accordance with the wishes of the deceased. In the absence of a previously drawn up application, the procedure for inheriting the amount is regulated by law. And first of all, relatives who lived with the deceased, as well as persons dependent on him, can apply for funds. Moreover, in the latter case, the right of absolute inheritance will be recognized only on the condition that with the death of the owner of pension savings, his dependent will be deprived of material support in full.

As for the sequence of succession, according to the law, it is as follows:

• are the parents, spouses or children of the deceased person (including adopted children);
• heirs of the 2nd category - brothers, sisters, grandfathers and grandmothers.

Do not forget that within the same queue, the payment of funds is carried out strictly in equal shares. Moreover, the successors of the 2nd stage can be called up only if the request has not been received from the relatives of the first category.

If the funded part includes maternity capital, then the right to receive this amount is vested with:

1. the father or adoptive parent of the child, in connection with the appearance of which the certificate was issued;
2. in the absence of a father - children who have not reached the age of majority or until the onset of 23 years old, if such are educated at the University at the full-time department.

If there are no such applicants, the maternity capital funds are transferred to the Pension Fund.

Inheritance conditions

Right to funded part pension can only be transferred if a number of conditions are met. In particular, this refers to the date of death of the account holder.

Relatives can receive the deceased's pension in the following cases:

1. If you dare come before the day of entering the retirement age or after reaching it, but before the moment the right to pension payments is exercised. In other words, if a citizen has never received a pension, his relatives can claim the accumulated amount after his death.
2. If a person is recognized as deceased before the pension is recalculated to include additional savings.
3. If a citizen has left the world after the appointment to him of a one-time pension payments, but provided that it has not yet been paid to him.

And also, if the date of death is fixed after the appointment of an urgent pension payment to the deceased, due for a specific period. In this case, the relatives have the right to receive the unpaid balance of funds.

A request to transfer the funded part of the pension or its remainder should be submitted to the FIU. Moreover, if funds are required to be received from a Non-State Fund, the procedure will be similar to the standard one.

The procedure consists in submitting an application to the FIU (the form is issued on the spot) or to the NPF, supported by a package of documents. The following papers are usually required:

• passport;
• documentation indicating the fact of kinship with the deceased;
• a certificate fixing the date of death of the owner of the funded pension;
• SNILS of a deceased citizen;
• details of the account in the financial institution, where the money will subsequently be transferred.

If the successor is a minor, all issues are dealt with by him legal representative- parent, guardian. Moreover, the latter is obliged to confirm such powers with appropriate papers.

The submitted request is considered by the relevant commission, while the final decision is made only after checking the documents and reality family ties... In case of refusal to transfer funds, the applicant is notified of the appropriate notification.

But with a positive outcome of the case, the successor can count on transferring the payment to his own bank account, but only 6 months after the death of the owner of the pension. More specifically, you should take into account another 30 days after the end of the six-month period provided to the pension fund for the transfer of funds.

Timing

You should apply to the Pension Fund or NPF strictly within 6 months from the official date of death of the owner of tangible assets. If the regulated period is missed, it is allowed to restore your rights, but this will require you to contact the judicial authorities. At the same time, the reasons why the law was violated must be extremely valid.

In addition, there is a statute of limitations here, which is 3 years, as in most similar cases. But it should be understood that after such a rather long period, it will be quite difficult to return the funds. In any case, the issue will require consideration in court and it is not a fact that the attempt to restore the rights will be successful.

The nuances of receiving a pension unpaid in the month of death of a relative

If a deceased relative has already received benefits on an indefinite basis, then his relatives can only count on the amount that was due to be issued in the month of his death. This point is regulated by paragraph 23 of the federal legal act No. 173, paragraph 3.

The underpaid pension of a deceased person is due to the following persons (FZ-173, paragraph 9, paragraph 2), who are closely related to him:

1. children;
2. spouses;
3. parents;
4. brother, sister, grandparents.

In this case, the main condition is considered Cohabitation the applicant and the deceased on the day of the death of the latter. If there are several applicants, the unpaid amount will be divided equally between them.

To receive a pension for a deceased relative, you will also need to independently submit an application to the Pension Fund of the Russian Federation, because in the automatic mode, employees of the state structure will not transfer funds. The request will need to be made within 6 months from the fixed date of death of the relative.

The remainder of the funded part of the pension is transferred to the primary successors of its owner by right of inheritance, but only if the accruals have not been drawn up on an indefinite basis and the person has never received monthly payment... You should apply for the funds due within a strictly established period (6 months from the date of death of the owner of savings), because after its expiration, tangible assets are transferred to the disposal of the state or non-state pension fund of the Russian Federation and it will be possible to obtain the return of rights only through the courts.

In order to somehow navigate the issue of inheritance of a pension, you should carefully understand all the intricacies of pension legislation.

This topic is quite serious and complex. It is necessary to understand which structures you will need to apply to and which documents to collect.

Is it possible

All working citizens have their own individual accounts. It contains funds that will be used in the future to form a pension. They can be stored not only in a state fund, but also in a commercial one.

Part of the amount consists of insurance premiums paid by the employer or transferred under the co-financing program of its own funds. This is the cumulative part.

• born after 1967;
• who transferred maternity capital to their retirement account;
• who contributed their personal funds there.

All the rules for the payment of the funded pension of a deceased person to his successors are set out in the Government Decree of 2014.

According to the decree, the funds will be transferred to legal relatives who will inform about themselves, or to any specified person in a statement drawn up in the pension fund during the life of a citizen.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

At the time of death, the deceased must not be a pensioner, that is, receive labor pension... But this condition is almost always fulfilled, because the age of persons with a funded part is now 50-51 years.

Who is eligible

The funded part can be received by the legal successors of a deceased citizen, who can be divided into persons entitled to this by law and by application or contract:

• relatives, despite their ability to work and age, are legal:
  • the first stage - spouses, children (both relatives and adopted children), parents (including adoptive parents);
  • the second stage - grandmothers, grandfathers, grandchildren, sisters, brothers;
  • Dependents who were supported by the deceased are guaranteed to inherit part of the funds.
• the legal successors under the contract include the persons whom the deceased indicated in the pension insurance contract concluded with the fund or in the drawn up application for the distribution of pension funds (their funded part). If there were several such statements, what was written later is taken into account.

The above persons are entitled to receive all accounted accumulative pension funds, except for maternity capital funds and the profit received from them as a result of investment.

The maternity capital not paid to the deceased or its remaining part is transferred to the father (including the adoptive parent) of the child, as well as to the child himself: a minor or an adult in the case of his education, but only up to 23 years old.

So, accumulative pension funds are assigned first to the successors who were specified in the agreement with the fund. In the absence of names in the contract - those mentioned in the application for the distribution of funds.

If this has not been done, the payments are transferred to the heirs of the first priority and, in their absence, to the heirs of the second priority.

How to find out the funded part of a deceased relative's pension

At this time, you can find out the amount of pension savings in several ways:

• online on the website of the pension fund. You can get information at any time, without long waiting in queues. To do this, go to: Personal account → Individual personal account → Get information about the formed rights → Information about earnings and work experience → Get information about the state of the ILS (if you need to print it out);
• through Gosuslugi. After authorization under your account, select: Pension, benefits and benefits → Notification of the state of the personal account → Get the service → Information about the state of the medical device;
• in a banking institution, both personally and personal account Sberbank. After registration, open: Agreements → GPT Agreement;
• apply personally to the pension fund. Family ties must be documented.

Receiving procedure

Successors can apply for the payment of accumulated funds within 6 months from the date of death of a relative. If this period has been missed for valid reasons, it can be restored by the court upon application.

In NPF

The funded part of the pension is not an inheritance, therefore, all applicants seeking it must write an application to the pension fund, in which the deceased's money was kept. It is necessary to indicate the desired method of transferring them: to a bank account or by mail.

When considering an application, the employees of the foundation check the compliance of the persons who submitted it with the established legal circle of successors listed in the contract or application. In their absence, the degree of relationship with the deceased is determined, according to the submitted documents.

Then the shares of the heirs under the contract or application will be calculated, if they are not determined by the documents. Equal shares are allocated to successors by law. And if one of them refuses his part, then it is distributed equally among the rest.

The maternity capital and the interest accrued on it are also distributed equally among the applicants.

Payments will be made only after six months, because during this period new relatives may appear, claiming the accumulated funds. Their issuance will take place after the 15th day of the month following the month of the decision.

Through the court

If the deadline for receiving the funded part of the deceased's pension has passed, it is still worth writing an application to the pension fund at the place of registration of the relative. Provide everything at the same time Required documents.

Within 10 days, a refusal will come from the Pension Fund, justified by the end of the six-month period. It will be the basis for going to court.

The claim must indicate that the person was not aware of the circumstances. And the pension fund did not consider it necessary to notify the relatives.

By doing so, he violated the Government Decree, which says about the obligation to notify the successors of the likelihood of receiving pension savings funds.

Within 10 days after receiving the death certificate, employees had to send a certified letter to all heirs.

You can also refer to the severe morale caused by the loss of a loved one. If the applicant is a minor child of the deceased, the court will definitely take his side.

Required documents

In order to receive the accumulated funds, a relative, in addition to an application, must provide the following documents:

• passport - to clarify the identity, age and address of the applicant;
• passport of the representative of the legal successor (guardian, adoptive parent), if he submits an application;
• power of attorney to represent the interests of the heir, certified by a notary;
• confirmation of family relations: certificate of marriage, adoption or birth (for legal successors);
• death certificate of a relative;
• insurance certificate of the deceased (SNIILS) or a document containing the insurance number of the personal account;
• a court decision on the restoration of the deadline for filing an application, if such was the case.

For relatives applying for maternity capital funds not paid to the deceased, additional papers are required:

• paternity (adoption) documents;
• confirming facts about the absence of deprivation of the father's parental rights;
• absence of cases of deliberate crime by the father (guardian) against the child;
• a certificate from the authorities about the absence of a criminal record;
• recognition of a minor child as left without parental care.

Documents can be provided in person or by mail. When sending by mail, the originals are not required, only copies certified by a notary are needed. One has only to choose a delivery method in which the departure date will be confirmed.

Timing

The day of receipt of documents and applications will be considered the day of applying for a relative's accumulative pension funds.

Within 5 working days, the fund employees check the compliance of the documents with the information contained in the application, make copies, return the originals of the documents and register the application.

If there were discrepancies in the data, inaccuracy in filling out documents or lack of necessary papers, everything will be returned to the assignee with an indication of the reason for this.

If the deadline for filing an application was restored in court, the submitted package of documents will be considered within 10 days. During this time, a positive or negative decision will be made.

Important points

Information about the successors and the pension savings received by them will be reflected in the pension account of the deceased person.

If after some time the heir is recognized as unworthy, all the funds received will have to be returned.

Payments will be denied:

• when the persons who applied with the application do not have the right to do so according to the law;
• if the application was submitted by the successors of the second stage, but there are heirs of the first stage;
• the deadline for submitting the application has expired and has not been restored by the judicial authorities.

If the successors refused to receive funds or did not apply to the fund within the prescribed period, the entire funded pension will be transferred to its reserve for compulsory insurance.

There is nothing complicated in the procedure for registering the funded part of a deceased relative's pension.

It is important to draw up an application correctly, do not miss the deadline for its submission and attach all the necessary documents. And if there is a violation on the part of the pension fund, just contact the law enforcement agencies.

Video: Get the retirement savings of a deceased relative

It is allowed to receive the funded part of the pension of a deceased relative if he was born in 1967 or later. At the same time, the state Pension Fund dealt with financial issues or a non-governmental structure. The main condition is the number of years - at the time of death, the relative must not cross the threshold retirement age, and also never get your hands on the accrued amount.

At the beginning of 2015, the federal bill on the funded part of the pension under No. 424-FZ came into force. According to the legal act, citizens were given the opportunity to choose among two types of pensions - funded and insurance.

The plus of the funded part is the ability to independently dispose of the available amount, transferring it for storage and augmentation to the Pension Fund, chosen at its own discretion. However, at the same time, the amount of funds transferred is not subject to annual indexation.

The new version of pension accruals applies only to persons born in 1967 and later. But people who were born in 1966 and earlier no longer have the opportunity to choose.

Citizens who have just started their labor duties or employees for whom employers began to transfer insurance premiums since 2014 have the right to choose any of existing species pensions. They are given 5 years for this.

In addition, at will, a person can completely abandon the funded part. In this case, the contribution from the employer, transferred to the Pension Fund of the Russian Federation, will be fully directed to the formation of the insurance share of the pension.

How the amount is formed

Pension payments in Russian Federation accrued by transferring a certain cash contribution by the direct employer of a citizen. The amount is 22% of the employee's fixed salary. The money is withdrawn from the budget of the enterprise and does not affect the size of the salary in any way. In this case, the distribution of the transferred amount is made depending on the type social security old age.

The contribution is divided as follows:

1. Insurance pension. 16% - insurance pension... 6% - fixed payment.
2. Insurance and accumulative payments. 10% - insurance pension. 6% - funded part. 6% - fixed payment.

Both the state Pension Fund and a non-state organization can deal with the issues of funded pension and its investment. At the same time, in order to form this type of payment, a citizen has the right to transfer funds on a voluntary basis from his own savings. For example, the use of maternity capital is allowed. However, the contribution can only be made in favor of the mother of the child.

Inheritance of the funded share of pension: is it possible

The question of whether it is possible to receive the funded part of the pension after the death of a relative is of interest primarily to the relatives of the deceased. The provisions of the law state that it is possible to count on the transfer of funds, but only if the person has taken part in the endowment insurance program. In other words, the deceased must be born no earlier than 1967.

As for the moment, whether its placement affects the possibility of obtaining the accumulated monetary resource, it does not matter. Relatives have the right to claim the amount in any case, regardless of whether an account is opened with the Pension Fund of Russia or a non-state Pension Fund (NPF).

But as for whether it is possible to receive the insurance part of the pension after the death of a relative, the answer will be negative. Only that share of the pension is inherited, which was formed at the expense of savings, including from the personal budget of the citizen.

Conditions for receiving funds

Despite the fact that the amount of the funded part of the pension is transferred to the relatives of the deceased in accordance with the law, it is important to establish whether the relevant requirements have been met.

The list of points to focus on includes:

• A deceased citizen, in respect of whose savings claims are made by relatives, at the time of death should not receive old-age payments. In other words, his age should be less than the retirement age. Given that participation in the endowment insurance program is provided for persons born in 1967 and later, this condition is usually met without difficulty.
• Continuing to work as a pensioner with regular contributions does not act as an obstacle to receiving savings in the event of his death. Applicants are eligible for the monetary amount of funds.
• If an urgent payment was assigned, but its delivery did not take place due to death, relatives can count on a financial asset.
• The assigned, but not transferred, lump sum payment on savings is also transferred to the hands of the relatives of its already deceased owner.

If the owner of the monetary resource, of his own free will, formalized the receipt of the accumulated part on an indefinite (lifetime) basis, payments to relatives will not be made. The moment when the amount has been transferred to the account of the deceased at least once is regulated in a similar way. In this case, finances will not be recognized as a hereditary mass. Simply put, the successors will not receive money.

Who is the successor

Paragraph 1183 of the Civil Code of the Russian Federation denotes a list of persons who are entitled to the delivery of the funded part of pension and other payments. The legal successors in accordance with the law are:

1. Persons belonging to the 1st line of close people. In other words, this is the spouse of the deceased, the children of the deceased, or his parents. The last 2 options are not required to be biological relatives. Adoption in this case is considered to be an unambiguous basis for assigning a person to the 1st line of kinship.
2. 2 line of successors in law. This includes other blood relatives, but a close branch. For example, sisters, uncles, brothers, grandfathers, grandmothers and others. These persons can receive savings if there are no applicants from the 1st stage.

If there are several legal heirs, money savings are distributed among them in equal parts.

Transfer of savings in accordance with the will of their owner

In addition to the indicated categories of citizens, the persons indicated in the application drawn up by the owner of the monetary resources can apply for the inherited part of the pension. Moreover, in this kind of will it is allowed to indicate not only relatives, but also other persons, for example, friends, neighbors. The document is prepared in writing and transferred to the Pension Fund that deals with the financial affairs of a person.

If the paper is transferred to the Pension Fund or NPF after the death of a relative, for whose tangible assets there were applicants, the application cannot be taken into account. The document is drawn up personally by the owner of savings in his right mind and during his lifetime.

Selected cases

There is another group of citizens who have the absolute right to the funded part. These are dependents who have been on full financial support of the deceased person for at least 1 year. However, it is allowed to nominate a candidate for inheritance of finances only if, with the death of their owner, the dependent has completely lost the source of income.

Cases have been recorded when such successors were legally refused to pay the funded part. This is due to the recognition of the heir unworthy. However, this option requires judicial consideration, as in general, any dispute or conflict that arose between the applicants.

One more important point- formation of the funded part using the balance of the parent certificate. In the event of the death of its owner, relatives can also inherit part of the capital.

However, only the following persons will be the successors in such a situation:

• the father or adoptive parent of the child, in connection with the birth of which the certificate was issued;
• in the absence of a father, the right to a financial resource is received by a child, either under the age of 18, or studying full-time until the age of 23.

If there are no successors, the funds are transferred to the federal budget fund.

It is the responsibility of the successors themselves to activate the procedure for inheriting the funded part of the pension. An exception is the presence of a statement to the Pension Fund or NPF, which indicates the will of the deceased regarding the transfer of tangible assets. In this case, the employees of the Pension Fund are obliged to personally notify the citizens who are the heirs that they have received the right to possess monetary savings.

In a different situation, applicants for a monetary resource must personally visit the structure dealing with the deceased's affairs and draw up a request as prescribed by the regulations. If the exact address is unknown, it is allowed to come to the nearest branch of the FIU to obtain the necessary information. Employees of any Pension Fund are required to provide such information.

It is important to remember that funds are not transferred in automatic mode. In fact, it is the statement that serves as the basis for subsequent actions. The form can be obtained from the branch of the Pension Fund or the NPF, depending on where the savings of the deceased person are stored.

The following documents are attached to the paper:

1. passport of the applicant applying for funds;
2. documents proving the existence of family ties with the deceased (in case of transfer of money according to the law), for example, a certificate of registration of a family union or birth certificate;
3. a certificate certifying the fact of death;
4. SNILS of a deceased relative.

The documentation is allowed either to be handed over personally to an employee of the Pension Fund or NPF, or sent by registered mail. In the latter case, you will need to send copies of papers, previously certified by the seal of a notary officer.

At the request received, within 5 days, a check is made for the existence of a real right to this type of inheritance, after which a preliminary decision is made, about which the applicant is notified by a written receipt. If the result is positive, the request is transferred to work. But then the wait begins for 6 months, since other successors may appear.

After the final decision is made, the funds are transferred to the heir's account or sent to him by postal order after another 1 month, but no later than the 20th.

In case of refusal, the documents are sent back to the applicant together with the appropriate notification. In this case, the applicant, who believes that the refusal is unlawful, can appeal the decision in court. However, you should first clarify the reasons for the rejection of the application. For example, it may be a banal lack of documents. In this case, you only need to supplement the package of papers with a previously missing certificate.

It is important to remember that tangible assets can be inherited by all relatives of the deceased on a first-come, first-served basis, so it is recommended that you notify each applicant in advance. Otherwise, those who have not received the due share receive the right to collect it in court.

Terms of contacting the Pension Fund or NPF

The regulated period for submitting a request to the Pension Fund is 6 months from the fixed day of death of the holder of savings. There is no need to delay sending the documentation. After six months, the right to claim the inheritance is lost and can only be restored through the courts. In this case, it will be necessary to indicate valid reasons for such a delay.

According to the law, the cumulative part of the pension payment is included in the estate, if the owner of the monetary resource has died. However, this is possible only if the deceased has not yet reached the appropriate age and has never received the amount of due charges. If the conditions are met, applicants should independently contact the NPF or the Pension Fund of the Russian Federation, since only the submission of an application will start the procedure for transferring the savings of the deceased person to the account of the successor.

Not all people have the funded part of the pension. Between 2002 and 2004, it developed in women born in 1957 or later, as well as in men born later than 1953. Since 2005, all participants in the compulsory pension insurance system born later than 1967 have had the funded part of the pension.

You can find out if a deceased person has a funded pension by contacting the heir to the PFR authorities. The cumulative part of the pension contributions of a deceased person belongs to the category of material rights subject to inheritance in the manner prescribed by law. It only requires compliance with a number of conditions.

One of them is that at the time of death, another person who has retired into the world should not receive a retirement pension... Also, funds are due to successors in the event that an urgent payment is assigned and there is an unreceived part of the funds on the account. About in what cases it is possible to receive the funded part of the pension of a deceased husband or relative, it is written in.

You can also count on receiving money in the event of an appointment, but non-payment of a lump sum.

In the event of the death of a person of retirement age, the funds accumulated in his retirement account are not lost - they can be used by his successors. The procedure for inheriting the funded part of a deceased pensioner's pension does not differ from the generally accepted rules. To determine the due amount of money, you can use the PFR website or the State Services portal. A preliminary calculation of the amount by the methods indicated above will allow you to understand in advance. what size of payment should be expected.

Related Videos

We offer you to watch a video on how to get the pension savings of the deceased:

If you find an error, please select a piece of text and press Ctrl + Enter.