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  • Does the husband receive his wife's pension. How to retire my husband after his death. How long are the payments assigned?

Does the husband receive his wife's pension. How to retire my husband after his death. How long are the payments assigned?

Supplement to pension: for 30 or 50 years of marriage of spouses What are the features of the installation of special benefits At the state level, there is no law confirming the fact of additional payment to pension for 30 years of marriage of elderly spouses. But at the regional level, it is still possible to provide such a benefit. The degree of opportunity to receive benefits or payments for 30 years living together directly depends on the following factors:

  • in which region the married couple lives;
  • how many years have spouses lived together in an official marriage;
  • what is the pension of each of the spouses;
  • pensioners live only on state payments or work additionally.

If pensioners are residents of St. Petersburg and this district, then they can receive legal supplements to their pension not after 30, but after 50, 60 or 70 years of cohabitation.

If the pension is less than the spouse's earnings ...

In a situation where a retired woman has reached the age of 80, and also has an officially registered disability, she can count on the following additional payments: for one offspring - from 4000 to 11200 rubles, for two children - from 6440 to 12800, additional payment for three children born before 1990 can range from 7200 to 14400 rubles. The variation is related to the degree of disability of the pensioner. In this case, the calculations of the representative of the Pension Fund will be carried out on an individual basis.
The supplement to the pension for dependents was increased in 2017: news For spouses - pensioners, the Pension Fund of the Russian Federation does not pay extra for marital experience of more than thirty years. But, if the spouses' monthly assigned pension benefits differ by more than 2,500 rubles, then one of the spouses, the one with a lower pension, can be recognized as a dependent.

403 forbidden

According to the information that has appeared, the increase in the monthly pension payment for one child is 1.8 points, for two - 3.6 points, and for three offspring born during the Soviet Union, a retired woman will immediately receive 5.4 additional points during recalculation. The Pension Fund of Russia reported that there are about 43 million pensioners in the country, and about 10 million of them are employed. The supplement to the pension for dependents was increased in 2017: who belongs to this category Family members, close relatives with disabilities and disabled citizens can be recognized as dependents in accordance with the procedure established by the state.


Also, minor children, sisters, brothers, grandchildren, people over the age of 80, people who have reached retirement age can also be classified as dependents. Supplements for dependents Also, former municipal workers are also eligible for supplements to pensions.

As for such a moment as a supplement to the pension for 30 years of marriage of elderly spouses, then there are rules for receiving this supplement. To receive the specified payment, pensioners need to apply, guided by the following rules:

  • go to the Pension Fund, at the place of residence, and clarify whether it is possible to receive such an additional payment in this region;
  • if an additional payment is provided, apply to the fund with a corresponding application;
  • submit documents confirming cohabitation, passports;
  • provide information about whether any of the retirees is working.

After contacting the Pension Fund with a corresponding request, people of retirement age have the opportunity to receive a supplement. The amount of this additional payment will be determined for each married couple on an individual basis.

Supplement to the pension for dependents in 2017 to whom and how much is required

At the same time, the existence of an independent source of income (pension) for a disabled family member does not exclude the possibility of recognizing her as a dependent. The territorial body of the FIU, at its Commission, will collectively consider your application and, taking into account all the circumstances, will make a decision - either recognizes the wife as a dependent and establishes an increased FBI, or refuses to recognize the fact of dependence. The bodies of the FIU, in order to determine whether someone is dependent on someone or not, as a rule, require confirmation of this by certificates from local authorities, housing authorities.


The conclusion about being dependent on these organizations is made on the basis of documents containing the necessary information (certificate of family composition, income of all its members, financial situation, etc.).

Pension supplement for 30 years of marriage of spouses in 2018

Important

Federal News When it comes to dependents, children come first, although elderly parents can also be dependents. Now we will talk about children. The dependents may not necessarily be their own children. Seniors can take custody of younger brothers and sisters, grandchildren, provided that they do not have parents, c-ib.ru informs. The disability of dependents of children is simply due to age.


A child's birth certificate is sufficient to confirm the age of schoolchildren. If, after graduation, the dependent has a desire to study further, then the additional payment can be made up to 23 years, until the end of the full-time educational institution. The supplement to the pension for dependents was increased in 2017: legislation In the law No. 173-FZ "On labor pensions in the Russian Federation" in p.

Is a supplement paid to the husband if the wife's pension is less?

Attention

I heard that one of the spouses of retirees should receive a supplement to the pension in the amount of 1000 rubles. if the other spouse receives a lower pension and is his dependent. When the parents applied to the Pension Fund, they were refused, citing the fact that the difference is small (about 900 rubles), and the smaller pension is higher than the subsistence level. They also said that they can charge a surcharge if the parents sue and win.


I am aware of cases when families of retirees receive such an additional payment, although they have a pension above the subsistence level and much more than that of my parents. Tell me who is right? question number No. 1770275 read 12565 times Urgent legal advice 8 800 505-91-11 free of charge
  • Everything was explained to you in the PF. In your own question, the key phrase is "and is his dependent."
    This is what you need to prove in court.

Increase to the husband's pension for the maintenance of his wife

There is no such law at the state level yet, but in some regions such payments are practiced, if both spouses have already retired, do not work anywhere else, and at the same time, one of them has a pension 2.5% higher or lower. The state has not defined more grounds for issuing additional allowances to pensioners who have 30 years of cohabitation experience. When the relevant law is adopted at the state level, this will be officially announced. But even. When such a law comes into force, pensioners will not be automatically supplemented in order to receive additional money, they can apply to the Pension Fund with a corresponding statement.
Personal consultation Do you have an answer to this question? You can leave it by clicking on the Reply button. I understand that there is no way to get a surcharge without a court? Please tell me the article of the law that can be referred to in court. Thanks in advance! issue number No. 1771710

  • The article of the law is Article 9 of Law 173-FZ On Labor Pensions in the Russian Federation. There is nothing in it that would allow recognizing the fact of dependence only on the basis of the fact that the pension is lower. Yes, even three times lower and lower than the cost of living.

    There is about the fact of dependence and it is written what it is. Personal consultation

Similar questions My husband is 77 years old. Is he entitled to a monthly pension supplement in the amount of 1,000 rubles? If so, where and how is it drawn up? My parents are 72 years old.

They are labor veterans and receive a supplement to their pension in the amount of 593 rubles.

If the husband's pension is more than his wife's pension, then do they pay extra 1,000 rubles

More information can be obtained from the client service of the Pension Fund office or by calling 2-60-12.

  • Category: Society
  • Tags: City
  • Number: No. 4191 dated 04/10/2010

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Naturally, the second spouse will have the right to receive an increase to his insurance pension. The size of the supplement to the pension Supplements to the monthly pension benefits became possible thanks to the order of the representatives of the government. Another prerequisite for increasing the benefit is retirement no later than 2015.

Otherwise, there will be no recalculation by the employees of the pension fund. For disabled persons of the third group, the state pays extra 4004 rubles for one dependent, 6443 rubles for two and 7207 rubles for three. But for women, the requirements for work experience are reduced if they have raised more than five children, that is, the possibility of retirement from the age of fifty.

A supplement to the pension of women for children is carried out for upbringing and maintenance until the child reaches twenty-three years.

Extra money is always not extra money. Before adjusting the form, of course, you should carefully research the paragraphs of the codes written in it. At the time of reading, they may well have lost their freshness. The correct template will become essential in resolving difficulties in drafting an application. This will bring closer a way to save money on hiring a lawyer.

In the vast majority of Russian families, men are the main breadwinners. This can also be attributed to older families, in which the husband's pension is often higher than the pension payments accrued to his wife. In this regard, the question often arises: how to transfer to the husband's pension after his death? Moreover, according to the current funded pension insurance program, the wife also has the right to receive the funded part of his pension. The new pension legislation, which came into force on January 1 of this year, allows a woman to receive pension payments for her deceased spouse if she refuses her own pension. But there are a lot of nuances here. One of them is related to the calculation of pensions for working pensioners. Such payments are incomparably less than those of those who have gone for a well-deserved rest. Therefore, it is worth calculating in advance whether it makes sense to transfer to the husband's pension after his death, while staying to work.

It must be remembered that you can only receive a deceased husband's pension after submitting an application to the FIU. This must be done within six months after the death of the insured person. If the application is submitted later, a court decision will be required, which will have to consider the objectivity of the reasons for the delay in filing such an application.

Section: Family Law |

In the vast majority of Russian families, men are the main breadwinners. This can also be attributed to older families, in which the husband's pension is often higher than the pension payments accrued to his wife. In this regard, the question often arises: how to transfer to the husband's pension after his death? Moreover, according to the current funded pension insurance program, the wife also has the right to receive the funded part of his pension.

The new pension legislation, which came into force on January 1 of this year, allows a woman to receive pension payments for her deceased spouse if she refuses her own pension. But there are a lot of nuances here. One of them is related to the calculation of pensions for working pensioners. Such payments are incomparably less than those of those who have gone for a well-deserved rest. Therefore, it is worth calculating in advance whether it makes sense to transfer to the husband's pension after his death, while staying to work.

How to receive a husband's pension to a wife after the death of her husband

The introduction of the concept of a retirement score forces all retirees to apply to their PFR branches annually to recalculate their insurance pensions. In the event of the loss of the breadwinner and, if you wish, to apply for his pension, you will also need to visit the branch of the Pension Fund, writing a corresponding application there. In the event that a widow does not apply for re-registration, her own pension is automatically increased by a statutory coefficient in the FIU.

Features of registration of a husband's pension for himself after his death

It is believed that the own territorial body of the Pension Fund always receives information about the death of a person, after which it sends a message to the legal successors known to him regarding the possibility of issuing the funded part of the deceased's pension. You should not wait for this: the wife should take her passport, marriage certificate, death certificate and husband's pension insurance card with her and go to the FIU to write an application.

Hello. I am 49 years old, I retired on the first list. my husband died a month ago. He was also a pensioner, but received a much higher pension than I did. I was prompted that I can register my husband's pension on myself. My question is, is this true and how to do it? Thanks in advance.

"Husband's pension" is a common misconception

which is used by PFU officials to assign a pension at a reduced rate.

There is no such concept in the Law at all!

There is a pension for the loss of a breadwinner.

This is NOT the husband's pension and NOT half of his pension.

This is a full-fledged type of pension for the wife (widow) herself.

The loss of a breadwinner gives only the right to this type of pension.

Yes, the amount of such a pension is calculated according to the length of service and earnings of the husband (breadwinner) and is assigned as 50% of the old-age pension, calculated according to the length of service and earnings of the deceased. Even if the husband received a disability pension or did not receive any pension at all (but had the necessary experience).

Since the average Ukrainian salary (as a factor) for the year preceding the application for a pension is involved in the pension formula, the newly calculated pension will be significantly higher than the one that the breadwinner actually received (if he received a pension at all).

If a wife (widow) applies for the appointment of such a pension now, in 2009, then (when switching to another type) a pension in connection with the loss of a breadwinner should be assigned, and therefore the average Ukrainian salary should be used for 2008, i.e. UAH 1573.99 (this value will be specified later).

This is a new pension, a new appeal for it and other reasons for its appointment.

This gives not only a non-decrease in the calculated pension amount (in comparison with the pension of the breadwinner himself), but also a significant increase (for comparison, the average Ukrainian salary used in mass recalculations in 2004 was only UAH 306.45, and in 2008 - 928.81 UAH).

PS. Let me emphasize once again: the survivor's pension is a new pension and its size is not connected with any previously received pension at all.

This amount is calculated when assigning such a pension, and this is its first calculation.

A widow's right to retire a deceased husband

Is it possible to recalculate the wife's pension? How much?

Dear Galina! With such a question, it would be more useful for you to contact your branch of the Pension Fund. The fact is that I am not a lawyer, but I realized that, in principle, such a move is possible. So, in accordance with Article 4 of the Federal Law "On Labor Pensions in the Russian Federation", citizens entitled to the simultaneous receipt of various types of labor pensions, in accordance with this law, are established one pension of their choice. The amount of the survivor's pension is established in accordance with Section 16 of this Law. At the same time, the fixed basic amount of the insurance part when assigning a pension to the wife of the deceased breadwinner is 1281 rubles as of 01.01.2010. But, apparently, there are some nuances. For example, sometimes a husband's retirement may not be beneficial for his widow. Or, for example, pensions and everything related to them are calculated differently for the servicemen of the Russian army, the Ministry of Internal Affairs, other services and just civilians. What position is specific in your case, I do not know.

Recently, widows have been appealing to the administration of the Pension Fund of the Russian Federation, as well as to various media outlets, with a request to appoint or assist in the establishment of the “pension of the deceased spouse”. These appeals are massive in nature, since there is an opinion that the surviving spouse, having abandoned his pension, can receive the deceased's pension, but this opinion is not entirely correct.

The law provides for the possibility of transferring from an old-age (disability) pension to a survivor's pension, but the size of the survivor's pension is always less than the old-age or disability pension that the deceased himself received, therefore, when applying to the pension authorities, recipients of old-age pension with an application for transferring them to a pension in the event of the loss of a breadwinner, the feasibility of such a transfer in each specific case is checked on the basis of the submitted documents on the insurance record and the wages of the deceased, that is, the estimated pension is calculated. If, when calculating on a new basis, its size does not reach the size of the old-age pension received, then transfer to a pension in the event of the loss of the breadwinner is therefore inappropriate.

In accordance with the current pension legislation, the spouse of a deceased breadwinner, who receives an old-age (disability) labor pension, has the right to choose between receiving her labor pension or a survivor's pension (SBC). In this case, the law does not provide for the receipt of two pensions at the same time. I hope you understand that whatever you choose, in any case, you are entitled to only one pension.

So, in order to determine the most advantageous pension option, you need to contact the territorial body of the Pension Fund at your place of residence at any time.

The procedure for granting the right to a breadwinner pension is governed by the provisions of Article 9 of the Federal Law of December 17, 2001, No. 173-FZ “On Labor Pensions in the Russian Federation”.

The application of a citizen who applied for a pension in the event of the loss of a breadwinner must be accompanied by the following documents:

Proof of identity, age, place of residence, citizenship (passport);

About the death of the breadwinner;

About insurance experience (work record, certificates, military ID and other documents about the work of the deceased);

About the average monthly earnings of the deceased breadwinner for 2000-2001. or for any 60 consecutive months during the employment period prior to January 1, 2002;

Confirming family relationship with the deceased breadwinner.

In addition, in some cases, documents are attached:

Confirming the finding of a disabled family member dependent on the deceased breadwinner;

The loss of a source of livelihood.

The size of the survivor's pension consists of two parts: the basic part, which for each disabled family member of the deceased is 975 rubles a month (for old-age pensioners - 1950 rubles) and the insurance part. The insurance part of the pension is calculated based on the insurance experience and the deceased's earnings.

Thus, the amount of the pension for the deceased husband can be more than the old-age pension received by the widow only at the expense of the insurance part, that is, when the deceased breadwinner had work experience and wages are higher than that of the widow.

Sources:

Www.pfrf.ru/ot_vladir/all_pens/427.html www.rospensioner.ru/guestbook/1.html

Nadezhda Nazarova and Varvara Snegireva

We know that, according to the law, heirs can receive a lump sum payment of the funded part of their pension. But Varvara Snegireva's grandmother managed to get not a one-time, but a permanent increase.

The portal "Mercy" has already written about the social project "Instructions for Life". Its authors Varvara Snegireva and Nadezhda Nazarova plan to give instructions and talk about how to act in a variety of social and bureaucratic situations. Last time, together with Varvara Snegireva, we talked about how to behave correctly when suddenly. Today we decided to talk about how not to lose your relative's pension in the event of his death.

How grandmother got grandfather's pension

Varvara Snegireva offers a new important case. We can take over the labor part of the pension of a deceased loved one. This is how it happened in Varvara's family.

This year the grandfather of Varvara Snegireva passed away. And soon, 86-year-old Lyudmila Pavlovna, Varvara's grandmother, asked her if it was possible to somehow save her husband's money, which he received as a pension. “It turned out that my grandmother saw a TV story that said that people abroad can receive the pension of their deceased spouse. And we decided as an experiment to find out - what do we have? " - says Varvara.

The call to the Federal Pension Fund was not crowned with success - they did not know anything there. Then Varvara called the regional - Moscow fund. "I dictated the SNILS numbers to my grandparents, the employees compared their pensions and confirmed that registration is possible."

It is important that Varvara and her grandmother managed to capture the six-month period after the death of their grandfather. You can, of course, do this re-registration later, but then it will be more difficult.

Varvara and Lyudmila Pavlovna went to the branch of the Pension Fund at their place of residence.

What documents need to be brought to the Pension Fund:

  • death certificate (in this case it was the death certificate of grandfather Varvara Snegireva)
  • SNILS of a deceased person and SNILS of the one who transfers the pension to himself
  • passport of the person who transfers the pension
  • marriage certificate, if both people are spouses, and the widow or widower is reissuing the pension.

Recall that if a person was born later than 1967, then he has a funded part of his pension. If people are older than this age, the pension is divided into the basic part - it is almost the same for everyone - and the labor one. The labor part of the pension of a deceased relative, as Varvara Snegireva found out, can be reissued to oneself.

The Pension Fund calls this survivor benefit, but Varvara notes that it is an individual settlement payment. Namely, the re-registration of the pension of one person to another: “Granny was given 100% of the insurance part of grandfather's pension in exchange for her insurance part, kept part of her basic pension, kept her disability pension and other additional payments. Grandfather was an ordinary pensioner, albeit with work experience in the North. In the Garant system and on the Internet, in the calculation formulas for survivors' pensions, I met completely different data for calculations. We were pleasantly surprised by this opportunity ”.

By the way, employees of the Pension Fund frightened Lyudmila Pavlovna that she might lose money. But they were wrong. It turned out even more profitable. Recently, a woman has just received a pension already at a recalculation, in a new amount - more by 4 thousand rubles. Earlier, my grandmother - taking into account her disability group 2 - came out about 25 thousand rubles a month. And now she has received 31 thousand rubles, ”explains Varvara Snegireva. The classic survivor's pension is difficult to calculate, it requires a lot of documents, explains Varvara Snegireva. In their case, fewer documents were required and it was easier to calculate. Varvara advises to go and calculate everything on an individual basis. Millions of pensioners do not ask for a spouse's pension, they ask for a survivor's pension. And it's not a fact that they are all reissued 100 percent of the insurance part of their husband's pension, as Varvara's grandmother managed to do.

New pensions: take care of the funded part

It is important to know: the funded part of the pension - which is received by everyone who was born later than 1967 and which is already accumulating with us - can also be reissued to yourself in the event of the death of the recipient.

There is a nuance: this is possible, even if at the time of death the person is still working, has not become a pensioner and has not begun to receive a pension. After all, the funded part has already been formed.

Those who are entitled to the funded part of their pension can take care of their heirs in advance. “You can leave an application in advance in your branch of the pension fund so that these persons receive the funded part of the pension. In another case, the money will be distributed, as is done in any case of inheritance, between relatives in equal shares, ”notes Varvara Snegireva.

Recall that in the second scenario, the heirs of the first stage - children, parents, spouses - will be able to claim money. Then the relatives of the second stage are taken into account - these are brothers and sisters, grandparents, grandchildren.

What should family members of a deceased person do? First of all, submit an application to the nearest branch of the Pension Fund. “It is worth knowing in advance to which funds your loved ones have transferred the funded part of their pension, because it can also be non-state pension funds,” our expert recalls.

On its own initiative, the fund will not share the remaining pension amount with you. All payment work will begin only after your application is submitted.

What documents are needed to transfer the funded part of the pension to yourself:

  • death certificate
  • Your passport
  • confirmation of family ties with a deceased person, that is, a marriage or birth certificate
  • SNILS of a deceased person

“The application must be submitted again within 6 months after the death of the person, as we did,” notes Varvara Snegireva. - Otherwise, if you miss the deadline, you will first have to go to court and, by the court's decision, formalize the receipt of money. The court will restore the deadline for filing papers. "

Maternity capital can be attached to a woman's pension at her will. But in such a situation, in the event of a woman's death, he is seized by the state. Not inherited.

The widow cannot retire her husband after his death and receive her, since such an action is not provided for by the legislator. But there is an opportunity to receive compensation from the state for the loss of a breadwinner. This compensation is one of 3 types of pension provision (there is also a pension for disabled people and by age) in the Russian Federation and is regulated by Federal Law No. 173 "On Labor Pensions of the Russian Federation" dated 17.12.2001.

Advantages and Disadvantages of Moving

When the deceased supported his own relatives and it is possible to call him the breadwinner, the widow has a chance to receive a survivor's pension. At the same time, as part of the procedure, a widow is required to issue a waiver of her own pension and choose a pension for the loss of a breadwinner - in accordance with the provisions of Art. 4, art. 9 ФЗ № 173 "On labor pensions" dated 17.12.2001. It is possible to switch from one type of pension to another several times.

At the onset of retirement age, the spouse has the right to count on any one security. She cannot receive her own pension plus support for the loss of a breadwinner, with the exception of the wives of military personnel or astronauts, as well as citizens who have suffered from radiation, provided that a new marriage is not concluded. The concept of “transferring to a husband’s pension” is incorrect in its own right, since state support is assigned to the wife of the deceased, which is related to the husband’s pension - due to the presence of a link to the amount of pension coverage of the deceased.

The main disadvantage of such a transition is that the pension that was accrued to the widow herself may exceed the amount of security for the loss of the breadwinner. For this reason, it is required that the Pension Fund inspector makes a preliminary calculation of the estimated amount of maintenance, and the woman can make an informed decision, and not agree to receive a knowingly lower amount out of ignorance.

Are the size and benefits of the deceased husband's pension retained?

The amount of the pension for the loss of a breadwinner due to work injury, general or occupational disease is represented by 30% of the amount received by a deceased pensioner during his lifetime. In general, after the death of a spouse, the wife does not inherit his benefits. But when registering security for the loss of a breadwinner for a widow, such circumstances and factors are of key importance.

  1. Will the wife of the deceased be able to confirm the fact that the deceased husband supported her?
  2. Was the deceased a serviceman, an Emergencies Ministry, a liquidator of the consequences of the Chernobyl accident, or a person belonging to other "special" categories.
  3. How many dependents did the deceased have?

When the deceased was a soldier, took part in hostilities and the like, part of the benefits of the deceased husband are also provided to the widow. For example, a woman has the right to count on an annual free spa treatment, travel to the place thereof, a 50% discount on housing and communal services, attachment to a departmental clinic, and discounted public transport tickets. All this remains for the widow.

All benefits that are directly assigned to a woman are retained even “upon the transition to the husband’s pension,” that is, in fact, upon receipt of compensation for the loss of a breadwinner.

When the transition is possible

A widow has the right to apply for collateral for the loss of a breadwinner at any time from the date of death of a spouse. All issues related to the transition are dealt with by the Pension Fund according to the place of residence of the spouse of the deceased. The key problem in the design business is proving that the husband really acted as the breadwinner.

To switch to such a provision, you will need to collect documents confirming this. The process of re-registration of the funded part is based on the procedure established by the resolution of the PR No. 7111 of July 30, 2014. After the death of the husband, the savings account in the Pension Fund is inviolable.

Terms and conditions for renewal

The pension fund receives information about the death of citizens and is obliged to send a notification to the relative of the deceased about the availability of the funded part. When registering an inheritance, a widow has the right to receive funds from such an account. But it is better to contact the Pension Fund personally, since the notification may not be received for one reason or another.

For this, a woman needs to meet a number of conditions.

If all the above conditions are met, a woman is required to submit an application to the Pension Fund, where the savings part of the husband's account is located. In addition to the application, a certificate of the death of the spouse, refusal of personally earned pension benefits, a passport and documentary evidence that the husband's pension was significant for the family budget are also required. After providing the officials with everything required, one should expect a response from the PF. After the so-called re-registration of the husband's pension to himself, payments will be made to a bank account or to hands - depending on the preferences of the widow.

If the time limit expires, they can be extended through the court, providing the judge with compelling reasons that prevented the timely resolution of the issue described.

What should a pensioner do if his life partner died, who received a higher pension? Is it possible to transfer his pension to yourself?

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If a pensioner's life partner dies, this is a huge grief. But, when the first difficult days pass and the pain of loss recedes a little, the understanding comes that you need to live on. And if the deceased spouse received a higher pension, life can become much more difficult after he leaves. What kind of financial support from the state can such a widowed pensioner count on?

As it turned out, in the most direct way - any Russian pensioner has the legislatively enshrined right to transfer the pension of his deceased spouse to himself. And if the deceased was not a pensioner, then receive a survivor's pension. But let's deal with everything in order, and let's start with exactly how it happens

Spouse's retirement

The question of transferring to another pension usually arises if the deceased spouse received a larger pension. In this case, the widowed pensioner, according to the current pension legislation, can prove that he was dependent on the deceased, then an insurance pension will be established for him in the event of the loss of the breadwinner in the amount of the pension received by the spouse.

In order for the spouse to be recognized as dependent, he needs to confirm that he was fully supported by the deceased or received help from him, which was a constant and main source of livelihood. To do this, you need to collect and submit to the Pension Fund authority at the place of residence such documents as:

  • certificates issued by housing maintenance organizations;
  • certificates issued by local governments;
  • documents on the income of all family members;
  • other documents stipulated by the legislation of the Russian Federation, in particular - a court decision.

The surviving spouse must be disabled (retired or disabled). If he does not receive the pension himself, one of the following conditions must be met:

  • reaching retirement age (still 55 years for women, 60 years for men), but no insurance pension has been awarded due to lack of seniority or retirement points;
  • an able-bodied spouse takes care of the minor children of the deceased, under the age of 14.
  • the disabled spouse was dependent on the deceased spouse.

In these situations, the absence of their own income from the surviving spouse does not play a role.

Moreover, if the fact of dependence cannot be proved in court, an application to the Pension Fund of the Russian Federation on the transfer of the deceased spouse to retirement still needs to be submitted. Simply with the wording in it that the pension for the deceased spouse must be assigned "in view of the loss of the source of livelihood." This situation is provided for in the legislation, so the FIU should not refuse.

True, in this case, the pension will be assigned not from the date of death of the spouse, but from the first day of the month following the month of contacting the FIU. By the way, the deadline for contacting the FIU on this matter is a whole year. The submitted documents and application must be considered within 10 days.

Spouse's pension

The size of the pension in such a situation is calculated based on the insurance experience, earnings and insurance premiums of the deceased spouse.

However, a widowed husband or wife will still not receive a full pension: a fixed payment is set in an amount equal to 50% of the amount provided for an old-age pension. At the same time, if the surviving spouse still received a pension, then he will be paid the difference between the pension already paid and the new pension. Thus, the increased pension for the deceased depends on the number of pension points that were accrued to the deceased spouse when payments were made to him.

Survivor's pension

In some cases, the widowed spouse may not just go to the pension of the deceased, but receive an additional pension in the event of the loss of the breadwinner. This is possible in a situation:

  • when a spouse died while doing military service by conscription or as a result of a military injury received in the service;
  • when the deceased spouse took part in the liquidation of the disaster at the Chernobyl nuclear power plant and its consequences;
  • when the deceased spouse was working on space tests.

In these situations, the surviving spouse is entitled to receive two categories of benefits: a survivor's pension, regardless of age and ability to work, and his own pension.



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