Survivor's insurance pension. How to apply for a survivor's pension The essence of a survivor's pension

Topic 7. Survivor's pension

The concept of survivor's pension and its types. Persons entitled to a survivor's pension

Labor pension in case of loss of the breadwinner

Pension on the occasion of the loss of a breadwinner to the families of servicemen who served in the military by conscription. Pension on the occasion of the loss of the breadwinner to the families of citizens affected by radiation and man-made disasters. Pension on the occasion of the loss of the breadwinner to the families of citizens from among the cosmonauts. Social pension in case of loss of the breadwinner. Survivor's pension for disabled members of the families of military personnel who served under the contract and law enforcement officers

1. The concept of survivor's pension and its types

Signs of a survivor's pension:

established in accordance with the norms of laws;

guaranteed by the state;

assigned to family members of the deceased breadwinner who were dependent on him;

is a cash payment and cannot be provided to pensioners in other (primarily in-kind) forms;

is a periodic (monthly) payment;

established for the period of disability of the dependent, including for life;

the purpose of the pension is to compensate disabled family members for wages and other payments and remunerations of the breadwinner lost due to his death;

The size of the pension depends on the former earnings of the breadwinner.

Taking into account the distinguished features, we can give the following definition of the concept survivor's pension- this is a monthly cash payment established for a certain period (or indefinitely), commensurate with the lifetime earnings of the breadwinner, guaranteed by the state, paid in order to compensate disabled family members for wages and other payments and benefits of the breadwinner lost due to the death of this person, the right to which is determined in accordance with the law. The classification of survivor's pensions must be carried out according to the regulatory legal acts regulating their provision:

under the Law on Labor Pensions, a labor pension is granted in the event of the loss of a breadwinner;

according to the Law on State Pensions - survivor's pension:

a) the families of servicemen who served in the military by conscription;

b) families of victims of radiation or man-made disasters;

c) families of citizens from among the cosmonauts;

d) social pension in case of loss of a breadwinner;

3) according to the Law on Pensions for Military Personnel - pensions in case of loss of the breadwinner to the families of military personnel who served in the military under a contract and law enforcement officers.

These types of pensions also differ in terms of the source of their funding. Labor pensions on the occasion of the loss of a breadwinner are paid from the Pension Fund of the Russian Federation, and all the rest - from the federal budget.

Persons entitled to a survivor's pension

The right to a survivor's pension have:

persons who are in marriage and family relations with the breadwinner during their lifetime (in a registered marriage) - the surviving spouse (wife);

blood relatives of the breadwinner:

parents;

• grandparents;

non-blood relatives:

adopted;

adoptive parents;

persons who are in a property relationship with the breadwinner:

• stepdaughter;

These family members are entitled to a pension if they are unable to work and were dependent on the breadwinner.

The disability of family members of the breadwinner can be related to several factors.

1. Disabled due to age are recognized:

Children, brothers, sisters and grandchildren of the deceased breadwinner under the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, including in foreign educational institutions located outside the territory of the Russian Federation, if the referral for training is made in accordance with the international treaties of the Russian Federation, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years (studying children of citizens victims of radiation or man-made disasters are entitled to this pension up to 25 years);

Parents, spouse, grandparents of the deceased breadwinner, if they have reached the age of 60 and 55 (men and women, respectively). Grandparents are entitled to a pension in the absence of persons who, in accordance with the law, are obliged to support them. It should be noted that the parents of conscripted servicemen who died (deceased) as a result of a military injury acquire the right to a pension at an earlier age - 55 and 50 years (men and women, respectively), and the spouses of the dead (deceased) breadwinners from among the cosmonauts acquire the right to a pension regardless of age.

Disabled due to disability are:

Children, brothers, sisters and grandchildren of the deceased breadwinner, 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 family members, provided that they do not have able-bodied parents);

Parents, spouse, grandparents of the deceased breadwinner, if they are disabled (grandparents are entitled to a pension in the absence of persons who, in accordance with the law, are required to support them).

One of the parents or a spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who have reached the age of 18, are recognized as disabled in connection with caring for the minor relatives of the deceased breadwinner, if they are engaged in caring for children , brothers, sisters or grandchildren of the deceased breadwinner who have not reached the age of 14 and do not work.

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

Family members of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who themselves received some kind of pension, are entitled to transfer to the labor pension in case of loss of the breadwinner.

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 constant and main source of livelihood.

The fact of dependency does not always require establishment. For example, the dependency of children of deceased parents is assumed and does not require proof, with the exception of children declared in accordance with the law to be fully capable or who have reached the age of 18 years.

Regardless of the condition of the dependent, pensions are awarded in the event of the loss of a breadwinner to one of the parents, spouse, grandfather, grandmother of the deceased breadwinner, as well as to the brother, sister or child of the deceased breadwinner who has reached the age of 18 if they are engaged in caring for children, brothers, sisters or grandchildren deceased breadwinner, under 14 years of age, and do not work.

The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the missing breadwinner is certified in the prescribed manner.

ATTENTION! In accordance with Federal Law No. 400-FZ of December 28, 2013 "On Insurance Pensions", Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" does not apply from January 1, 2015, with the exception of the rules governing calculation of the amount of labor pensions and those to be applied in order to determine the amount of insurance pensions in the part that does not contradict the specified Federal Law.

Special cases (more info)

When assigning an insurance pension in case of loss of a breadwinner to each child specified in, who lost both parents the individual pension coefficient is determined by summing the individual pension coefficients of both parents.

When assigning an insurance pension in case of loss of a breadwinner to each child specified in paragraph 1 of part 2 of Article 10 of this Federal Law, dead single mother the individual pension coefficient is doubled.

If the survivor's insurance pension is established in connection with the death of a person to whom an insurance pension was established on the day of death old-age or insurance disability pension, the amount of the insurance pension in case of loss of a breadwinner for each disabled family member of his choice is determined either in accordance with paragraph 3 of this article, or according to the formula:

SPspk = IPKu / KN x SPK,

IPCu - the individual pension coefficient of the deceased breadwinner, taking into account which the amount of the old-age insurance pension or disability insurance pension was calculated as of the day of the breadwinner's death;

KN - the number of disabled members of the family of the deceased breadwinner as of the day from which the insurance pension in case of loss of the breadwinner is assigned to the corresponding disabled family member;

SPC - the cost of one pension coefficient as of the day from which the insurance pension is assigned in case of loss of a breadwinner.

The amount of the survivor's insurance pension for each child specified in Clause 1 of Part 2 of Article 10 of this Federal Law, who has a survivor's insurance pension for one parent, in the event of the death of the other parent is determined by the formula:

SPspk = SPspk 1 + IPK x SPK,

where SPspk - the size of the insurance pension in case of loss of the breadwinner;

SPspk1 - the amount of the survivor's insurance pension for one parent, established as of the day from which the survivor's insurance pension is assigned, as to a child who has lost both parents;

IPC - individual pension coefficient of the deceased breadwinner (other parent) as of the day of his death;

SPC - the cost of one pension coefficient as of the day from which the insurance pension in case of loss of a breadwinner is assigned, as a child who has lost both parents.

The amount of the survivor's insurance pension for each child specified in Clause 1 of Part 2 of Article 10 of the Federal Law, who has a survivor's insurance pension for one parent, in the event of the death of the other parent, for whom an old-age insurance pension was established on the day of death, or disability insurance pension, at his choice, is determined either in accordance with part 7 of this article, or according to the formula:

SPspk = SPspk1 + IPKu / KN x SPK

where SPspk - the size of the insurance pension in case of loss of the breadwinner;

SPspk1 - the amount of the survivor's insurance pension for one parent, established as of the day from which the survivor's insurance pension is assigned, as to a child who has lost both parents;

IPCu - the individual pension coefficient of the deceased breadwinner (other parent), taking into account which the amount of the old-age insurance pension or disability insurance pension is calculated, as of the day of his death;

KN - the number of disabled family members of the deceased breadwinner (other parent) as of the day from which the insurance pension for the loss of the breadwinner is assigned to the corresponding disabled family member, as a child who has lost both parents;

SPC - the cost of one pension coefficient as of the day from which the insurance pension in case of loss of a breadwinner is assigned, as a child who has lost both parents.

Appointment and payment of a survivor's pension

The establishment of insurance pensions and the payment of insurance pensions, including the organization of their delivery, are carried out by the body providing pensions in accordance with Federal Law No. 167-FZ of December 15, 2001 "On Compulsory Pension Insurance in the Russian Federation", at the place of residence of the person who applied insurance penny ey.

They can apply for the establishment, payment and delivery of an insurance pension directly to the body providing pensions, or to the multifunctional center for the provision of state and municipal services at the place of residence, if between the body providing pensions and the multifunctional center for the provision of state and municipal services municipal services, an agreement on cooperation was concluded and the submission of these applications is provided for by the list of state and municipal services provided in the multifunctional center established by the agreement.

The Government of the Russian Federation determines (Article 21 of the Federal Law):

1. 1. a list of documents required for establishing an insurance pension, establishing and recalculating the amount of a fixed payment to an insurance pension (taking into account the increase in a fixed payment to an insurance pension),
   2. rules for applying for a specified pension, a fixed payment to an insurance pension (taking into account the increase in a fixed and payments to the insurance pension), including employers,
   3. rules for assigning (establishing) and recalculating the amount of insurance pensions, including for persons who do not have a permanent place of residence on the territory of the Russian Federation,
   4. rules for transferring from one type of pension to another, conducting checks of documents necessary to establish the said pensions and payments,
   5. rules for the payment of an insurance pension, a fixed payment to an insurance pension (taking into account the increase in a fixed payment to an insurance pension), control over their payment, verification of documents necessary for their payment,
   6. rules for maintaining pension documentation, as well as the terms for storing payment cases and documents on the payment and delivery of insurance pensions, including in electronic form.

Terms of appointment of an insurance pension

The insurance pension is assigned from the date of applying for the specified pension, except for the cases provided for in parts 5 and 6 of this article, but in all cases not earlier than from the day the right arises for the said pension.

The insurance pension is assigned earlier than the day of applying for the insurance pension in the following cases:

1. 1. in old age - from the day following the day of dismissal from work, if the application for the specified pension followed no later than 30 days from the date of dismissal from work;
   2. for disability - from the day the person was recognized as disabled, if the application for the specified pension followed no later than 12 months from that day;
   3. survivor's pension- from the day of the death of the breadwinner, if the application for the specified pension followed no later than 12 months from the date of his death, and if this period was exceeded - 12 months earlier than the day when the application for the specified pension followed.

2.75

Summarizing the meaning of the definitions of pension in modern pension legislation, we can come to the following conclusion. On the one hand, for a survivor's pension, there are five general features applicable to all types of pensions: 1) the frequency of payment; 2) payment from the PFR or the federal budget; 3) state-legal nature; 4) taking into account the labor contribution of a citizen and the social factor; 5) commensurability of the size of the pension with the earnings of a citizen. At the same time, the survivor's pension occupies a special place in the pension system. First of all, this is due to the fact that if the subjects of old-age or disability pensions are citizens who have reached retirement age and the disabled, then in the event of loss of a breadwinner, a new subject of provision appears - family members, which entails the emergence of specific features. inherent only to this type of pension. Thus, survivor's pensions fully comply with such features that are characteristic of pensions in general, such as the frequency of payment, payment from the Pension Fund and the federal budget, and the state-legal nature. However, when taking into account the labor contribution of a citizen and the social factor, the labor contribution is taken into account not of the recipient of the pension, but of the deceased breadwinner. At the same time, the social factor concerns pension recipients - family members of the deceased breadwinner. As can be seen from the above, in the pension provision in the event of the loss of a breadwinner, we are talking about two subjects: 1) a breadwinner who, on the day the issue of granting a pension is decided, is no longer alive (or he has been declared dead or missing by the court); 2) family members of the deceased breadwinner. At the same time, legal facts as conditions for the emergence of the right to a pension apply both to the breadwinner himself and to members of his family.

The loss of a breadwinner is understood as his death or an unknown absence, which is confirmed by a death certificate issued by the registry office, or established by the court. If the court establishes the fact of an unknown absence of a citizen, then a death certificate is not issued, the basis for the appointment of a pension will be a court decision that has entered into force.

To assign a pension, it is necessary that the breadwinner in the past carried out labor activity, was an individual entrepreneur, etc. (in other words, he was subject to compulsory pension insurance), or he did military or law enforcement service. As for family members, they must: 1) be part of the circle of family members established by the relevant Federal Law; 2) as a rule, to be disabled; 3) be dependent on the breadwinner.

The next specific feature of this type of pension is the period during which it is paid. The survivor's pension is granted for the period of incapacity for work of family members or for life.

Another important distinguishing feature is the purpose of the pension. The survivor's pension is for family members the main or one of the main sources of livelihood of the recipients of this pension.

Given the above, we can give the following definition of a survivor's pension.

survivor's pension - a monthly cash payment made by the state from the Pension Fund of the Russian Federation or the federal budget to disabled family members of the deceased breadwinner in the presence of conditions stipulated by law relating to both the deceased citizen and members of his family. The pension is commensurate with the earnings of the deceased citizen, is assigned for the period of incapacity for work of his family members or for life, and is the main or one of the main sources of their livelihood.

The significance of the survivor's pension in the life of society is manifested in its functions. The functions of a survivor's pension are similar to those of old-age and disability pensions. The following functions should be singled out: provisional, protective, compensatory, labor force reproduction, socio-psychological.

Survivor's pensions can be divided into three main types (the classification is made on two grounds: 1) a normative legal act; 2) subject of collateral):

• 1) according to the Law on labor pensions:
  • a) survivor's pensions to the families of insured persons;
• 2) according to the Law on State Pension Provision:
  • a) pensions on the occasion of the loss of a breadwinner to the families of conscripted military personnel;
  • b) pensions on the occasion of the loss of a breadwinner to the families of citizens affected by radiation or man-made disasters;
  • c) pensions on the occasion of the loss of a breadwinner to the families of citizens from among the cosmonauts;
• 3) according to the Law on pensions for military personnel:
  • a) pensions on the occasion of the loss of the breadwinner to the families of servicemen under the contract;
  • b) survivor's pensions for the families of law enforcement officers.

The state supports disabled people who have lost their only source of income. Under certain conditions, they are assigned a survivor's insurance benefit. One of the main conditions for receiving state support from the budget of the Pension Fund (PFR) is the fact that the deceased has insurance. The size of the survivor's pension depends on this. We will analyze what benefits citizens can apply for in 2019-2020.

How the amount of payments is determined

Survivor's benefit, in fact, is a compensation for lost income. This is one of the ways to implement the social function of the state. After all, it guarantees its citizens protection under special conditions. Just like this, a person who does not have the opportunity to earn money on his own gets into it.

The list of persons entitled to claim insurance support is contained in Article 10 of Law No. 400-FZ, signed on December 28, 2013. In particular, they include:

• minors;
• children of the deceased who study full-time until the age of 23;
• parents and spouses who do not have the opportunity to earn;
• other disabled relatives;
• persons caring for minor (under 14 years of age) children of the deceased owner.

What does the charge depend on?

According to the current methodology for 2019-2020, this manual consists of two parts:

• fixed;
• insurance.

The following factors influence the amount of accruals:

• the number of individual coefficients earned by the deceased person in the pension insurance system;
• the duration of the period during which the administration of the enterprise made contributions to the Pension Fund for this worker.

Fixed part of accruals

This component of the content is established by the Government of the Russian Federation. Its value is expressed in a fixed amount. It is also increased by government decree annually. The value of the fixed component is affected by the inflation rate for the previous period.

In addition, this part of the allowance in some cases increases legally. Namely:

• orphans are doubled the established indicator of the fixed component;
• in the regions of the Far North and equated regions, the corresponding coefficient is applied.

New formula for calculating the insurance pension for the loss of a breadwinner

The two components of pension accruals are well traced in the formula for calculating it. She is like this:

• RPpk \u003d IPK x SK + BV, where:
• RPpc - the amount of accruals paid to the recipient;
• IPC - individual coefficients accumulated in the system by the deceased;
• SC - the equivalent of one coefficient in rubles, established on the day of calculation;
• BV - basic or fixed component.

Thus, accruals depend on how much the citizen who gave them the right to officially worked. Contributions to the FIU transferred by the enterprise for it were converted into IPC or points. The allowance for the abandoned dependent directly depends on their number.

Important: in some cases, the IPC increases. This happens for the following people:

• When calculating the pension provision of round orphans, the IPC of the parents is added up.
• For the child of a deceased single mother, a rule has been established to double the IPC.

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Latest news about the restoration of indexing in full

In 2016, the increase in base charges was carried out at a level that did not reach the general inflationary background of the previous period. In this regard, pensioners in January 2017 received 5 thousand rubles each as compensation. Such a measure was associated with serious problems of the federal budget.

However, the prospects for a slight economic growth made it possible for the authorities to return to the previously established procedure for compensating citizens for the loss of income associated with inflationary processes.

In 2017, social payments were indexed by 5.8%. This figure is fully consistent with last year's inflation. In 2018, the price of one point was 81.49 rubles.

In 2019, the cost of 1 pension point was indexed in January and amounts to 87.24 rubles.

How to calculate the amount of the future payment

To determine the charges, the applicant must apply the formula (given above). At the same time, up-to-date data regarding fixed indicators should be taken into account. Namely:

• BV - 2667.09 rubles.
• SK - 87.24 rubles.

The specified components of the formula are also not a constant. Their data is set for a certain period. In this case, the figures for 2019 are given.

Attention: the IPC indicator is individual. It can be obtained from the local branch of the FIU.

An example of calculating an insurance payment related to the loss of a breadwinner

Citizen N., born in 1964, has been officially engaged in labor activity since 1984. She died in a car accident in March 2019. She is survived by two children:

• son, born in 1985, soldier, born in wedlock;
• daughter, born in 2003, schoolgirl, father in the birth certificate is indicated from the words of the mother.

Subject to current legislation, the minor daughter of a deceased single mother is entitled to bereavement insurance benefits.

The allowance is calculated according to the above formula. At the same time, PFR employees take into account the IPC indicators accumulated by the deceased mother:

• for the period of work from 1984 to 2015, points were converted. Citizen N. scored 60 points;
• for 2015 and 2016 - 3 and 3.4, respectively;
• additional 3 b. for periods of care for children up to one and a half years.

Thus, the total sum of the individual coefficients of citizen N. was:

• 60 b. + 3 b. + 3.4 b. + 3 b. = 69.4 b.

They double as the child was raised by a single mother:

• 69.4 b. x 2 \u003d 138.8 b.

The specific amount of payment to the daughter is determined by the formula:

• 138.8 b. x 87.24 p. + 2667.09 rubles = 14776 rubles.

The family of citizen N. lived in the Astrakhan region. For children in this region, a minimum is set at the level of 8476 rubles. The estimated amount is higher than this indicator. Consequently, N.'s daughter will not receive an additional social supplement.

Minimum Survivor Benefit

The practice of calculating the insurance pension for the dependents of deceased people has shown that its value is rather low. The rule is established by legal documents. It says:

• the amount of insurance maintenance associated with the loss of a breadwinner cannot be less than the subsistence minimum established for a given region.

Thus, the amounts differ depending on the territory. In addition, they depend on the age of the recipient. For example, some data is shown in the table below:

No special application to the FIU is required to receive social benefits. In the initial application, there is a column in which the citizen agrees with the allowance.

When is the recalculation of the assigned amounts

Operations to change the amount of accruals are made if new information is received by the FIU that affects the indicators from the formula. Moreover, this can happen both at the initiative of the recipient, and without his participation.

In particular, the recalculation is carried out:

1. When the next government decree on indexing the main indicators is adopted.
2. If the FIU receives information about new insurance premiums paid to the personal account of a deceased person. Accounting operations are carried out from August 1 of the period following the date of receipt of information.
3. If the recipient proactively provides information that affects the amount of charges. They are taken into account from the first day of the month following the date of receipt of documents by the FIU.

Attention: when recalculating additional IPC, the following are taken into account:

• in total for orphans;
• double the amount for children of single mothers.

In January 2019, the next indexation of insurance pensions was carried out in the amount of 7.05%.

Social pension for dependents

In cases where the deceased citizen was not insured in the national pension insurance system, another payment is assigned to his dependents. It is called social pension. The amount of this allowance is fixed. It is established by law No. 166-FZ of December 15, 2001. The amount is indexed annually. Payments come from the federal budget.

On April 1, 2019, the last indexation of social payments was carried out. The size of pensions related to the loss of a breadwinner was fixed at the level of:

• a child who has lost one of the parents - 5283.84 rubles;
• children - orphans or who have lost a single mother - 10567.73 rubles;
• other disabled citizens - 5283.84 rubles.

Summarizing the meaning of the definitions of pensions in modern pension legislation, we can come to the following conclusion. On the one hand, for a survivor's pension, there are five general features applicable to all types of pensions: 1) the frequency of payment; 2) payment from the PFR or the federal budget; 3) state-legal nature; 4) taking into account the labor contribution of a citizen and the social factor; 5) commensurability of the size of the pension with the citizen's earnings. At the same time, the survivor's pension occupies a special place in the pension system. First of all, this is due to the fact that if the subjects of provision of old-age or disability pensions are citizens who have reached retirement age and the disabled, then a new subject of provision appears in the pension provision in the event of loss of a breadwinner - family members, which entails the emergence of specific features. inherent only to this type of pension. Thus, survivor's pensions fully comply with such features that are characteristic of pensions in general, such as the frequency of payment, payment from the Pension Fund and the federal budget, and the state-legal nature. However, when taking into account the labor contribution of a citizen and the social factor, the labor contribution is taken into account not of the recipient of the pension, but of the deceased breadwinner. At the same time, the social factor concerns pension recipients - family members of the deceased breadwinner. As can be seen from the foregoing, in the pension provision in the event of the loss of a breadwinner, we are talking about two subjects: 1) a breadwinner who, on the day the issue of granting a pension is resolved, is no longer alive (or he has been declared dead or missing by the court); 2) family members of the deceased breadwinner. At the same time, legal facts as conditions for the emergence of the right to a pension apply both to the breadwinner himself and to his family members.

The loss of a breadwinner is understood as his death or an unknown absence, which is confirmed by a death certificate issued by the registry office, or established by the court. If the court establishes the fact of the unknown absence of a citizen, then the death certificate is not issued, the basis for the appointment of a pension will be a court decision that has entered into legal force.

To assign a pension, it is necessary that the breadwinner in the past carried out labor activity, was an individual entrepreneur, etc. (in other words, he was subject to compulsory pension insurance), or he did military or law enforcement service. As for family members, they must: 1) be part of the circle of family members established by the relevant Federal Law; 2) as a rule, to be disabled;
3) be dependent on the breadwinner.

The next specific feature of this type of pension is the period during which it is paid. The survivor's pension is granted for the period of incapacity for work of family members or for life.

Another important distinguishing feature is the purpose of the pension. The survivor's pension is for family members the main or one of the main sources of livelihood of the recipients of this pension.

Given the above, we can give the following definition of a survivor's pension.

survivor's pension - a monthly cash payment made by the state from the Pension Fund of the Russian Federation or the federal budget to disabled family members of the deceased breadwinner in the presence of conditions stipulated by law relating to both the deceased citizen and members of his family. The pension is commensurate with the earnings of the deceased citizen, is assigned for the period of incapacity for work of his family members or for life, and is the main or one of the main sources of their livelihood.

The significance of the survivor's pension in the life of society is manifested in its functions. The functions of a survivor's pension are similar to those of old-age and disability pensions. The following functions should be singled out: provisional, protective, compensatory, labor force reproduction, socio-psychological.

Survivor's pensions can be divided into three main types (the classification is made on two grounds: 1) a normative legal act; 2) subject of collateral):

1) according to the Law of labor pensions:

a) survivor's pensions to the families of insured persons;

2) according to the Law on State Pension Provision:

conscripts;

b) pensions on the occasion of the loss of a breadwinner to the families of citizens affected by radiation or man-made disasters;

c) pensions on the occasion of the loss of a breadwinner to the families of citizens from among the cosmonauts;

3) according to the Law on pensions for the military
reapers:

a) survivor's pensions for military families
contract employees;

b) survivor's pensions for the families of law enforcement officers.

10.2. Composition of family members eligible for pension their disability and dependency

Traditional for the Russian pension legislation is the existence of a fairly wide range of persons entitled to a survivor's pension. In many countries, only the children and the surviving spouse usually receive a pension.

In our country, the family members eligible for a pension include:

1) persons who are in a marital relationship (husband, spouse);

2) blood relatives (parents, children, grandchildren, brothers and sisters, grandfather and grandmother);

3) non-blood relatives (adoptive parents, adopted children);

4) in-laws (stepson, stepdaughter, stepmother, stepfather).

It is important to note that 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. A similar rule exists for grandparents, who are entitled to a pension only in the absence of persons obliged to support them by law.

Stepfathers and stepmothers are entitled to a pension if they raised and maintained a deceased stepson or stepdaughter for at least five years. However, according to the Law on State Pensions, a stepmother and stepfather are not included in the number of persons entitled to a pension.

In order to receive a survivor's pension, a family member must belong to one of the above categories, be unable to work and be dependent on the breadwinner.

Disability is such a state of the human body or a combination of life circumstances in which he cannot work (actually or presumably).

The grounds for recognizing family members as disabled are:

1) age up to 18 years (children, brothers, sisters, grandchildren);

2) study full-time in educational institutions of all types and types, regardless of the organizational and legal form and form of ownership (up to the age of 23 years);

3) achievement by men of 60 years, women of 55 years (father, mother, spouse, grandmother, grandfather);

4) reaching the age of 55 years for men and 50 years for women by the parents of the dead (deceased) servicemen who were doing military service on conscription and contract, as well as law enforcement officers;

5) reaching the age of 55 and 50 years (respectively, men and women) by the spouses of servicemen who served under the contract, and law enforcement officers who died as a result of military trauma;

6) disability of one of the three groups (children over 18 years old, if they become disabled before this age; father; mother; spouse; grandmother, grandfather);

7) care for children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14, and inability to work (service) relations;

8) caring for a child of the deceased, who has not reached the age of 8, by spouses of servicemen serving under a contract, and law enforcement officers, regardless of age, ability to work, and whether they work (serve) or not;

9) the absence of persons who are required by law to support them (grandfather and grandmother, brothers and sisters);

10) spouses of citizens from among cosmonauts or cosmonaut candidates who died in the performance of official duties related to the preparation or performance of space flight - regardless of age and ability to work.

Dependence (dependency) of family members is such a relationship between people in which one of them is fully supported by the other or receives help from him, which is for him a permanent and main source of livelihood.

Dependence of the children of deceased parents is assumed and does not require proof. However, if a person has already reached the age of 18 or the child is declared fully capable in accordance with the legislation of the Russian Federation, the fact of dependence requires proof. As evidence, the territorial body of the Pension Fund of the Russian Federation considers certificates of family composition, income of all family members, certificates of housing authorities or municipal authorities on cohabitation, receipts for postal money orders, etc. In disputed cases, the fact of dependency may be established by the court.

Regardless of the fact of dependency, the pension is established:

1) to one of the parents, another family member, who is engaged in caring for children, siblings or grandchildren of the deceased who have not reached the age of 14;

2) disabled parents and spouses of contract military personnel and law enforcement officers who died as a result of a military injury;

3) disabled parents of military personnel who died (deceased) during the period of military service on conscription;

4) disabled parents and spouse, if after the death of the breadwinner they lost their source of livelihood.

10.3. Labor pension in case of loss of a breadwinner: conditions for its appointment and size

The conditions for the appointment of a labor pension in the event of the loss of a breadwinner are determined by Art. 9 of the Law of labor pensions.

Based on this article, it can be concluded that the right to a labor pension in the event of the loss of a breadwinner arises in the presence of conditions relating both to the person of the breadwinner and to members of his family.

Conditions related to the identity of the breadwinner :

1) the fact of death or an unknown absence, certified in accordance with the established procedure;

2) a pension is granted regardless of the duration of the insurance experience of the breadwinner, as well as the cause and time of his death;

3) if the deceased breadwinner has no insurance record at all, as well as in the event of his death as a result of an intentional criminally punishable act committed by him or intentional damage to his health, which are established in court, a social pension is assigned to the family in accordance with the Law on State Pension Provision .

Conditions for the emergence of the right to a pension concerning family members:

1) the condition of the breadwinner in the degree of kinship, property or marital relationship established by law;

2) disability (as a general rule);

3) dependency (as a general rule).

To assign a labor pension in case of loss of a breadwinner, a combination of the above requirements for family members is necessary, the presence of only one or two conditions is not enough.

The size of the labor pension in case of loss of the breadwinner each disabled member of the family of the deceased breadwinner in accordance with Art. 16 of the Law, labor pensions are determined by the formula

P \u003d PC / (T × K) / KN + B,

where P - the size of the labor pension in case of loss of the breadwinner; PC - the amount of the estimated pension capital of the deceased breadwinner, taken into account as of the day of his death; T - the number of months of the expected period for the payment of an old-age pension (clause 1, article 14 of the Law on Occupational Pensions); K - the ratio of the normative duration of the insurance experience of the breadwinner (in months) as of the day of his death to 180 months. The normative duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by four months for each full year of age, starting from 19 years, but not more than 180 months;
KN - the number of disabled members of the family of the deceased breadwinner who are recipients of the specified pension; B - fixed basic amount of labor pension in case of loss of a breadwinner.

This formula is for general use. Other formulas are used to determine the amount of a survivor's pension for orphans and in cases where, at the time of death, the deceased breadwinner was the recipient of an old-age or disability pension.

The amount of the pension for children (each child) who has lost both parents is determined by the formula

P \u003d PC1 / (T × K1) / KN1 + PC2 / (T × K2) / KN2 + B,

where PC1 is the amount of the estimated pension capital of one parent, taken into account as of the day of his death;
PC2 - the amount of the estimated pension capital of the other parent, taken into account as of the day of his death; K1 -
the number of disabled family members of the deceased breadwinner (one parent) who are recipients of the said pension; K2 - the number of disabled members of the family of the deceased breadwinner (other parent) who are recipients of the specified pension; КН1 - the number of disabled family members of one deceased parent; КН2 - the number of disabled family members of the other deceased parent.

Thus, in this case, when calculating the size of the pension, the estimated pension capitals of both deceased parents are summed up.

In the event of the death of a single mother, the estimated pension capital is doubled. The size of the labor pension on the occasion of the loss of a breadwinner to her children (each child) is determined by the formula

P \u003d / KN + B,

where PC is the amount of the calculated pension capital of the deceased single mother, taken into account as of the day of her death.

It should be noted that when calculating the size of the labor pension in the event of the loss of a breadwinner, the transformation of pension rights acquired by the deceased breadwinner before January 1, 2002, the estimated pension capital (Article 30
of the Law on labor pensions) is carried out according to the same formulas as for labor disability pensions. The point is that if the assessment of the pension rights of insured persons is carried out simultaneously with the granting of a labor pension on the occasion of the loss of a breadwinner, the expected period of payment of a labor pension for old age must be multiplied by the ratio of the standard duration of the insurance period of the breadwinner as of the day of his death to 180.

To determine the amount of the labor pension in case of loss of the breadwinner, assigned in connection with the death of the insured person, to whom the labor pension for old age or disability was established, a special calculation formula is used

P \u003d P1 / KN + B,

where P1 is the amount of the insurance part of the old-age labor pension or the amount of the labor disability pension (excluding the fixed basic amount of this pension) established for the deceased breadwinner as of the day of his death.

As can be seen from the formula, the principle of calculation is the same as in the general case, but instead of the amount of the estimated pension capital, the insurance part of the old-age or disability labor pension (excluding the fixed base amount) is used, which is divided by the number of disabled family members who are entitled to on retire.

The size of the labor pension in the event of the loss of a breadwinner-pensioner, established for orphans, is determined by the following formulas:

1) if both deceased parents on the day of death received the insurance part of the labor pension for old age or disability (excluding a fixed base amount), then

P \u003d P1 / KN1 + P2 / KN2 + B,

where P1 is the amount of the insurance part of the old-age or disability labor pension (excluding the fixed basic amount of this pension), established for the deceased breadwinner (one parent) on the day of his death; P2 - the amount of the insurance part of the old-age labor pension or the amount of the labor disability pension (excluding the fixed basic amount of this pension), established for the deceased breadwinner (other parent) on the day of his death;

2) if a single mother on the day of death received the insurance part of an old-age or disability pension (excluding a fixed base amount), then

P \u003d (P1 × 2) / KN + B,

where P1 is the amount of the insurance part of the old-age labor pension or the amount of the labor disability pension (excluding the fixed basic amount of this pension), established by the deceased single mother as of the day of her death;

3) if one of the breadwinners was an old-age or disability pensioner, and the other was not, then

P \u003d PC / (T × K) / KN1 + P1 / KN2 + B,

where PC is the amount of the estimated pension capital of the deceased breadwinner (one parent), who, on the day of death, did not have the insurance part of the old-age or disability labor pension, taken into account as of the day of his death; КН1 - the number of disabled members of the family of the deceased breadwinner (one parent) who are recipients of the specified pension; P1 - the amount of the insurance part of the old-age labor pension or the amount of the labor disability pension (excluding the fixed base amount) established for the deceased breadwinner (other parent) as of the day of his death; КН2 - the number of disabled members of the family of the deceased breadwinner (other parent) who are recipients of the specified pension.

The fixed basic size of the labor pension in case of loss of a breadwinner from January 1, 2010 2012 is set in the following amounts:

1) children who have lost both parents, or children of a deceased single mother (orphans) - 2562 3278 rubles. 58 kop. per month (for each child);

2) to other disabled members of the family of the deceased breadwinner - 1281 1639 rubles. 28 kop. per month (for each family member).

For persons residing in the regions of the Far North and areas equivalent to them, the fixed basic amount is increased by the corresponding regional coefficient.

When citizens leave the regions of the Extreme Se-
faith and equated localities to a new place of residence, the district coefficient is not taken into account when determining a fixed base size.

If, after a year after the death of the breadwinner, another family member applies for a pension, having
the right to it, which was not taken into account when determining the number of disabled members of the family of the deceased breadwinner who are recipients of this pension, then the size of the labor pension in the event of the loss of the breadwinner for this family member cannot be less than that of the indicated recipients of the pension.

If the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before its recalculation, the funds recorded in the special part of his individual personal account are paid in accordance with the established procedure to the persons indicated in the application of this insured person. In the absence of an application, pension savings are paid in the following sequence:

1) first of all - to children, including adopted children, spouse and parents (adoptive parents);

2) in the second place - brothers, sisters, grandfathers, ba-
willow bushes.

The payment of funds to the relatives of the deceased breadwinner of one stage is carried out in equal shares. Relatives of the second stage are entitled to receive funds recorded in the special part of the individual personal account of the deceased breadwinner, only if there are no relatives of the first stage. Dependency and disability are not relevant to eligibility for retirement savings.

If the insured person does not have the above relatives, these funds are included in the PFR reserve, and the special part of the individual personal account of the insured person is closed.

10.4. Pension on the occasion of the loss of a breadwinner to disabled members of the family of a dead (deceased) military serviceman who served on conscription: the conditions for its appointment and size

Pension provision in the event of the loss of a breadwinner for the families of military personnel who served on conscription is regulated by the norms of the Law on   state pension provision.

According to Art. 8 of this Law, a survivor's pension is assigned to family members of the deceased, if the death (death) of a serviceman occurred:

1) during the period of military service;

2) no later than three months after the dismissal of his military service;

3) or later than this period, but due to injury, concussion, mutilation or illness, which were received during military service.

As for family members, the interpretation of this type of pension is similar to the interpretation of a labor pension in the event of the loss of a breadwinner. However, under the Law on State Pensions, a stepmother and stepfather are not included in the number of persons entitled to a survivor's pension.

In addition, the Law on State Pensions contains an additional rule regarding the parents of servicemen who died (deceased) during the period of military service by conscription or who died after the dismissal of their service due to military trauma. They are granted a pension with reduced requirements for retirement age - at 50 and 55 years (for women and men, respectively), regardless of the fact of being dependent.

In Art. 3 of this Law states that the parents of the widow of servicemen who died during the period of military service on conscription due to military trauma, who have not remarried, are entitled to receive two pensions at the same time. They may establish a survivor's pension in accordance with the Law on State Pensions and an old-age (disability) labor pension or the specified survivor's pension and a social pension (with the exception of the social survivor's pension).

If the cause of death of a serviceman was the commission of a crime, then only a social pension can be assigned. At the same time, it does not matter whether it was an intentional criminally punishable or reckless guilty act that meets all the signs of a crime in accordance with the Criminal Code of the Russian Federation (Federal Law of June 13, 1996 No. 63-FZ).

The amount of the pension (Art. 15 of the Law on State Pensions) depends on the cause of death of the breadwinner and is set as a percentage of the amount of the social pension specified in art. 18 of this Law.

Upon the death of a soldier:

1) as a result of a military injury, 200% of the amount of the social pension is assigned for each disabled member of the family of the deceased (deceased);

2) as a result of a disease received during military service - 150% of the amount of social pension for each disabled family member of the deceased (deceased).

10.5. Pension on the occasion of the loss of a breadwinner to disabled family members of persons who have served in military service, served in internal affairs bodies, institutions and bodies of the penitentiary system, other state bodies: conditions for its appointment and size

For families of contracted military personnel and law enforcement officers, survivors' pensions are governed by the Military Pensions Act.

The conditions for granting this type of pension are similar to the conditions for granting a survivor's pension to members of the family of servicemen who served in the military by conscription. Family members of a deceased (deceased) soldier or law enforcement officer are entitled to a pension, if the breadwinner died (died): 1) during the service; 2) no later than three months from the date of dismissal from service; 3) later than this period, but due to injury, concussion, injury or disease received during the period of service.

In addition, a survivor's pension may be awarded to the families of pensioners from among persons covered by the Servicemen's Pension Law. In this case, the pension is granted if the breadwinner died during the period of receiving the pension or not later than five years after the termination of its payment.

The circle of persons who are disabled members of the family of a deceased (deceased) serviceman coincides with the circle of persons receiving a labor pension in case of loss of a breadwinner. At the same time, this law contains a number of additional preferential provisions.

Special conditions have been established for the emergence of the right to a pension for the spouses of military personnel who died as a result of a military injury:

1) when they reach the age of 55 and 50 (respectively men and women);

2) regardless of age, state of ability to work and the fact of work - for those of them who are engaged in caring for the children of the deceased who have not reached eight years of age.

In addition, these spouses who have not remarried, and the parents of military personnel or law enforcement officers who died as a result of a military injury (if the death did not occur as a result of their illegal actions), are entitled to receive two pensions at the same time. At the same time, spouses may be entitled to one survivor's pension in accordance with the Law on Pensions for Military Personnel, the second - an old-age (disability) labor pension or a social pension (with the exception of a social pension assigned in connection with the loss of a breadwinner). Parents may be entitled to the said survivor's pension and any other pension (with the exception of the survivor's pension and the social pension awarded in connection with the death of the breadwinner).

The amount of the pension is calculated based on the allowance of the breadwinner. The amount of the pension depends on the cause of death of the breadwinner.

For family members of persons who died as a result of a military injury, a pension is assigned in the amount of 40% of the breadwinner's monetary allowance for each disabled family member; for family members of persons who died as a result of a disease received during military service
would, - 30% of the monetary allowance.

The minimum size of pensions in case of loss of a breadwinner has been determined. The pension for each family member cannot be less than 200% (in case of a military injury) and 150% (in case of an illness received during military service) of the amount of the social pension provided for in Art. 18 of the Law on State Pension Provision.

The Servicemen's Pensions Act provides for the calculation of supplements to pensions in the event of the loss of a breadwinner. The care allowance is assigned to the pension of citizens who are disabled people of group I or over 80 years of age, and is 100% of the size social pension. In addition, to the survivor's pension granted to children with disabilities and disabled children of groups I and II who have lost both parents, or the indicated children of a deceased single mother, are charged 32% of the social pension.

Along with the above allowances, in certain cases, an increase in pensions for the loss of a breadwinner is carried out for certain categories of citizens who have special merits. In Art. 45 such categories are named: Heroes of the USSR, Heroes of the Russian Federation, persons awarded the Order of Glory of three degrees, participants in the Second World War, etc.

10.6. Survivor's pension for disabled family members of certain categories of citizens under the Federal Law "On State Pension Provision in the Russian Federation": conditions for its appointment and size

The family members of citizens who have suffered from radiation or man-made disasters have the right to a survivor's pension in accordance with the Law on State Pensions.

This type of pension is assigned regardless of the length of service of the deceased breadwinner at the time of the death of the breadwinner.

In Art. 10 of this Law lists the categories of citizens whose family members are entitled to a survivor's pension:

1) those who have undergone radiation sickness and other diseases associated with radiation exposure due to the catastrophe at the Chernobyl nuclear power plant or work to eliminate the consequences of this catastrophe;

2) who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

3) those who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and work in the exclusion zone.

As for the family members themselves who are entitled to a pension, according to Art. 29 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" these include:

1) disabled parents, regardless of whether they are dependent on the deceased breadwinner;

2) children studying until they graduate from a secondary or higher educational institution, but not longer than they reach
25 years;

3) the spouse of the breadwinner, if he is engaged in caring for the children of the deceased breadwinner who have not reached the age of 14, regardless of whether the spouse works or not;

4) the spouse of the breadwinner, regardless of being dependent and the time elapsed since the death of the breadwinner - upon reaching 50 and 55 years for women and men, respectively.

Law on State Pension Provision
to the above family members added grandfather iba-
bush of the deceased breadwinner, if they have reached the general retirement age or are disabled and there are no persons obliged to support them.

All these citizens are entitled to receive two pensions at the same time. One of them is a survivor's pension, assigned in accordance with the Law on State Pension Provision, the other is an old-age (disability) labor pension or a social pension (with the exception of a social pension awarded in connection with the loss of a breadwinner).

The amount of the survivor's pension for family members of citizens affected by radiation and man-made disasters is:

1) children who have lost both parents or a single mother - 250% of the social pension;

2) to other disabled members of the family of the deceased breadwinner - 125% of the amount of the social pension.

In accordance with Art. 7.1 of the Law on State Pension Provision, the family members of the dead (deceased) citizens from among the cosmonauts (testers, researchers, instructors) who had the title of "Pilot-Cosmonaut of the USSR" or "Pilot-Cosmonaut of the Russian Federation", as well as family members of citizens from among candidates for cosmonauts (testers, researchers, instructors) who died in the line of duty related to the preparation or execution of a space flight.

The circle of persons entitled to this type of pension has its own characteristics and includes:

1) children of the deceased (deceased) breadwinner who have not reached the age of 18 or more, and if they study full-time in educational institutions of all types, then until graduation, but no longer than until they reach the age
23 years of age, or over this age if they became disabled before the age of 18;

2) the parents of the deceased breadwinner who have reached the age of 60 and 55 years (respectively, men and women) or who are disabled if they were dependent on the deceased (deceased) breadwinner;

3) the spouse of the deceased (deceased) breadwinner, regardless of age and ability to work.

The survivor's pension for the above family members is established for each family member in the amount of 40% of the monetary allowance (earnings) of the breadwinner, determined in accordance with the Regulation on the material support of astronauts in the Russian Federation, approved by the Government of the Russian Federation.

The Law on State Pension Provision provides for an increase in the size of this type of pension, depending on the category to which the deceased breadwinner belonged. The conditions and procedure for this increase are regulated by Art. 45, 46 of the Law on pensions for military
employees.

In regions of the Far North and areas equivalent to them, survivors' pensions are increased by the corresponding regional coefficient, which is not taken into account when citizens leave these regions for a new permanent place of residence.

10.7. Recalculation and indexation of pensions

The recalculation and indexation of survivor's pensions is generally carried out according to the same rules as for other types of pensions.

However, some features of the recalculation of the labor pension in the event of the loss of a breadwinner should be noted.

The size of the labor pension in case of loss of the breadwinner from August 1 of the year following the year in which the labor pension in case of loss of the breadwinner was assigned is subject to adjustment according to the data of individual (personalized) accounting in the system of compulsory pension insurance based on information on the total insurance premiums received vPFR, which were not taken into account when determining the amount of the estimated pension capital for calculating the size of the labor pension in the event of the loss of a breadwinner when it was assigned.

Adjustment of the size of the labor pension in case of loss of the breadwinner is carried out according to the formula

MF \u003d MFp + PKr / (T × K) / KN,

where SCH - the size of the labor pension in case of loss of the breadwinner; SChp - the established size of the labor pension in case of loss of the breadwinner as of July 31 of the year in which the corresponding adjustment is made; Pcr - the amount of the estimated pension capital of the deceased breadwinner, not taken into account as of the day of his death; T - the number of months of the expected period for the payment of an old-age labor pension (clause 1, article 14 of this Federal Law); K - the ratio of the standard duration of the insurance experience of the breadwinner (in months) as of the day of his death to 180 months. The normative duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by four months for each full year of age, starting from 19 years, but not more than 180 months; KN -
the number of disabled family members of the deceased breadwinner who are recipients of the specified pension established in connection with the death of this breadwinner as of August 1 of the year in which the corresponding adjustment is made.

For children who have lost both parents, the amount of the insurance part of the survivor's pension is subject to adjustment in the manner prescribed by this paragraph, based on the amount of the estimated pension capital of each of the deceased parents, not taken into account as of the day of their death.