By general rule the territorial body of the Pension Fund of the Russian Federation stops paying the insurance pension in connection with the death of a pensioner from the 1st day of the month following the month in which the death of the pensioner occurred (clause 1, part 1, article 25 of the Law of December 28, 2013 N 400-FZ).
Example. Termination of pension payment in the event of the death of a pensioner
The pensioner died on 01/05/2017. Payment of old-age insurance pension stops from 02/01/2017.
Persons applying for a pension and additional payments to it in connection with the death of a pensioner
The accrued amounts of the insurance pension due to the pensioner in the current month and remaining uncollected due to his death are paid to members of his family who lived with him on the day of his death. Moreover, they must apply for these amounts within six months from the date of death of the pensioner. When several family members apply for the specified pension amounts, the amounts due to them are divided equally between them (Part 3, Article 26 of Law No. 400-FZ).
In the absence of these persons or in the event that they do not present demands for payment of the unreceived pension within the specified period, the corresponding amounts are inherited on a general basis (Part 4, Article 26 of Law No. 400-FZ; Clause 3, Article 1183 of the Civil Code of the Russian Federation).
As for pension supplements, we note that depending on their type, there are different procedures for their payment upon the death of a pensioner. Some additional payments are not inherited and are not paid, while others are paid in the same manner as the unpaid pension. In this regard, it is necessary to clarify with the body paying the supplement the procedure and conditions for receiving it after the death of the pensioner.
The procedure for applying for a pension after the death of a pensioner
If you are applying for a pension that a pensioner has not received, we recommend that you adhere to the following algorithm.
Step 1: Prepare necessary documents
The legislation does not provide an exhaustive list of documents that will be required to receive a pension. However, based on current practice, most likely the following will be required (Letter of the Pension Fund of the Russian Federation dated March 19, 2002 N LCH-06-27/2446):
- an application for payment of the pension amount accrued and not received by the pensioner;
- passport;
- death certificate of the pensioner;
- documents confirming your relationship with the deceased (for example, a marriage or birth certificate);
- documents confirming cohabitation with the deceased on the day of his death (for example, a passport extract, a copy of your certificate of registration at the place of residence or place of stay).
If you want to receive the pension of a deceased pensioner by bank transfer, additionally prepare documents confirming that you have a bank account, its details and the details of the recipient bank.
Step 2. Submit documents to the territorial office of the Pension Fund of Russia
The documents must be submitted to the territorial body of the Pension Fund of the Russian Federation at the place where the deceased pensioner received the pension.
The law does not directly determine the period within which the territorial body of the Pension Fund of the Russian Federation is obliged to review documents. Check with officials territorial body Pension Fund, when you will be given (transferred) a pension not received by a deceased pensioner.
The territorial body of the Pension Fund issues a certificate of the amount of the pension not received by the pensioner to his possible heirs based on their application and a request from a notary within three days after receiving the application (clause 45 of the Rules for payment of pensions, approved by Order of the Ministry of Labor of Russia dated November 17, 2014 N 885n;
For most families, there inevitably comes a sad day when... close person leaves this world due to old age. Along with emotional stress, relatives are hit with organizational stress, which, no matter how much one would like it, cannot be avoided. A lot of time is occupied by issues of the deceased’s inheritance, which should go to his relatives. In addition to property in the form of living quarters and various material items (which are most often inherited), a pension is also the object of hereditary claims. Sometimes it happens that the pension recipient died before receiving the last payment: in this case, the relatives of the deceased can receive it. Therefore, questions naturally arise: can relatives receive the pension of the deceased? How to receive a pension for a deceased relative? Who has the right to claim a pension for the deceased? Are there exceptions and limitations? What documents will be required?
In this article we will answer these questions.
Is the pension accrued after death?
As soon as the question arises of how to receive the pension of a deceased relative, it is best to understand the features of pension accruals.
The pensioner receives cash payments to his account every month. This process stops on the 1st next month, after the death occurred. However, if the pensioner did not withdraw the last accrued pension from the account before passing away (sometimes several pensions for recent months), relatives who lived with the deceased have every right to claim the entire remaining shortfall in pension accruals.
Whatever the date of death, the payment must be accrued for the entire month. Even in cases where death occurs on the 1st of the month, money is accrued in full. If at least part of them, in comparison with the full monthly payment, is withheld, this is illegal and may be a reason for going to court.
Who can apply for a deceased person's pension?
These are the closest direct relatives:
- children/grandchildren
- brothers/sisters
- parents of the deceased
If the situation develops in such a way that the deceased’s pension becomes the object of claims by several of his relatives, the paid amount is divided equally among all claimants.
How long does it take to receive a deceased person’s pension?
Sometimes no one applies for the deceased’s pension – this happens out of ignorance or due to lack of time. In any case, the period allotted for filing the relevant application is 6 (six) months. If no applicant expresses a desire to apply for payment, the remaining money is transferred to the estate of the deceased.
Is it possible to receive a pension for a deceased relative who lived separately from his relatives?
One of the questions that is asked most often is whether it is possible to receive a pension for a deceased person if he lived alone, apart? Alas, no, there is no legal basis for this. Document certifying the fact cohabitation– a necessary condition to receive payment. If there are no applicants who have the appropriate confirmation of joint residence, 6 months after death the pension becomes part of the entire inherited property - the so-called. "hereditary mass".
In this case, the pension goes exclusively to persons who have entered into inheritance rights in relation to the deceased.
What documents are required to receive the deceased's pension?
In order to claim the pension savings of the deceased, his relatives must submit an application for their claim to the Pension Fund of the Russian Federation at his place of residence no later than 6 months. You need to take with you:
- Passport (of the person submitting the application)
- Application (requesting payment of funds not received by the deceased)
- Stamp death certificate
- Documents certifying that the applicant lived with the deceased in the same area (for example, an extract from the house register)
- A document certifying the relationship between the deceased and the person submitting the application (for example, birth certificates, marriage certificates)
How quickly can you receive a deceased person's pension?
After the above documents are provided, the pension must be issued by a relative (based on Article 1183 of the Civil Code of the Russian Federation). It should be borne in mind that the period during which the application can be considered is up to 30 days.
How to receive a funded pension for a deceased relative?
If the question is whether it is possible to receive the funded part of the deceased’s pension, then the answer is yes. To do this, you need to start an inheritance case and contact a notary - he must open the case in accordance with the Federal Law "On labor pensions"RF.
As a result, in order to receive the funded part of the pension for a deceased relative related to the inheritance mass, you need to contact the Pension fund. In addition to the same documents that were listed in the list above, you must also have on hand:
- certificate of family composition
- certificate of inheritance
After the procedure for reviewing the documents you provided is completed, the approved amount of money from the funded part of the pension will be transferred to the applicant’s account every month.
It also makes sense to contact a notary if the pension was transferred to a savings book. Then, in addition to the documents listed at the beginning of the article, you must have an inventory of the inheritance (it must reflect the entire amount of money in the deceased’s savings book).
Since this issue again turns out to be in the field of inheritance law, you will have to wait 6 months from the moment the case was opened. At the end of this temporary period, you are issued an inheritance certificate, along with which all the financial assets of the deceased, including the funded part of the pension, become your property.
It is better not to remain silent about the death of a pension recipient
It is not recommended to keep silent about the death of a pension recipient in order to try to get the payments that came to him at his own disposal. As soon as the illegality of the act is discovered, all the money will be forced to be given to the Pension Fund, even if you could claim it legally. This is due to the fact that the Pension Fund needs to receive an application on your behalf, as well as a package of the above documents - they will appear in the reports of fund employees responsible for pension payments.
If the deceased pensioner is the breadwinner, is it possible to switch to the deceased’s dependent pension?
A relevant case is when the deceased pensioner actually supported the rest of the family. Relatives of the deceased who were dependent on him have the right to request a pension “in connection with the loss of a breadwinner”: disabled parents and spouses can also do this, even if they were not entirely supported (this is possible in the case when they have lost their sources income).
IN in this case, unlike withdrawing the balance of a pension, the time interval from the date of death is not important. To transfer to the deceased’s pension, a person who is in a registered marriage with the deceased should contact the Pension Fund, presenting:
- passport
- marriage certificate, as well as death certificate of the pensioner)
- SNILS of the deceased
- information about his earnings for an arbitrary 5 years, as well as his work experience
- documents certifying the applicant's dependent status or loss of sources of income
In some circumstances, additional documents may be required - this question must be asked to the Pension Fund, and they are required to answer.
If the deceased pensioner was a military man, his wife should go through a similar procedure for applying for his pension.
Where can I receive a deceased person's pension?
If pension payments came to the deceased by mail, they must be received there.
You might be interested.
Russian legislation provides for the provision of financial assistance in the event of the death of a relative, including retirement age. At the moment, there are two options: financial support for those involved in the burial of the deceased, and pension payments to direct heirs.
Legislative rules for the payment of pensions after the death of a pensioner
The grounds for payments are provided for in the articles of the Civil Code of the Russian Federation. Payments apply to cases of death of a citizen at any age:
- Social Security benefits (pension) not received during life.
- Compensation amounts accrued but not paid on time for damage caused to health.
- Alimony payments that were not received.
- Any other government social payments.
In accordance with federal law, an old-age pension not received during one’s lifetime can be included in the inheritance estate only if the immediate family has not declared their intention to receive it within a strictly specified period (for a pension, six months, for other payments, 4 months).
The death benefit for a relative is paid to the children, brothers and sisters, parents, and grandchildren of the deceased after they submit an application. The right also extends to dependents of a deceased citizen without the conditions of taking into account joint residence.
Where do you go to make payments?
In case of registration of financial assistance after the death of a pensioner, the application for payment is accepted at the territorial branch of the Pension Fund of Russia. This procedure applies when the deceased did not have an official place of work.
List of documents to be submitted to the Pension Fund
When planning to receive funds after the death of a person of retirement age, you will need to collect a package of documents:
- Certificate recording the death of the pensioner (original).
- Certificate of death.
- Citizen's passport.
- The pensioner's work record book, if available. An alternative is an extract from the personal account of the Pension Fund of Russia, the current account number operating in any financial and credit organization.
- EZhD (extract from the house register).
All of the above documents are transferred to the Pension Fund.
Funeral benefit amount
Additional financial assistance is the payment of a funeral benefit. Its peculiarity is that it can be received by any person, regardless of family ties. In 1996 it was adopted Federal law No. 8-FZ, according to which amounts are paid to the citizen who incurred material costs by taking upon himself the organization of the funeral.
From February 1, 2018, a person who spent his own money on a funeral has the right to compensation in maximum size 5701 ruble 31 kopecks. The amount may be influenced by the presence of a regional coefficient on wages. For example, in Moscow the regional surcharge is 11 thousand, in St. Petersburg - 7.5 thousand rubles.
IMPORTANT! Federal indexation was suspended from February 1, 2018.
The compensation is sent to the specialized funeral service with which the contract for the provision of services was signed. All amounts exceeding the amount of the funeral benefit are paid by the relatives of the deceased pensioner or other persons who bury the deceased.
Payments after the death of a serviceman or WWII participant
In this case, death benefits are assigned by the military registration and enlistment office. Payment after the death of a close relative is also processed in this structure in cases where the deceased was a combat veteran, an employee of the internal affairs department, the tax service, the fire department, or the customs service. To confirm, relatives must present the deceased's military ID.
In this case, based on the norms RF PP dated 05/06/1994 No. 460 the payment after the death of a close relative will be 15.5 thousand rubles. In some regions, an additional coefficient is assigned. Due to it, for example, in the capital the amount of financial assistance increases to 38.5 thousand rubles. A petition is also being sent for compensation for funeral expenses and installation of a monument.
In what situations is a pension awarded in the event of the loss of a breadwinner?
Financial assistance from the state is provided to persons who were dependent on the deceased at the time of his death.
The size is determined by the state. It depends on the occupation of the deceased:
- If there is at least a minimum length of service an insurance option is assigned.
- The state pension is assigned to relatives of persons who actively took part in hostilities, dead astronauts and some other categories.
- If the deceased breadwinner does not have an official insurance work history, a social pension is issued.
Social assistance must be assigned by the Pension Fund after submitting an application and documents confirming the relationship with the deceased.
Structures providing funeral benefits
When collecting a package of documents and sending them for the calculation of funeral payments, the department responsible for the calculation is taken into account:
- In the case of registration of financial assistance and payments after the death of a pensioner who did not have an official place of work at the time of his death, a package of documents is sent to the Pension Fund.
- If a person liable for military service has died, the district military registration and enlistment office becomes the place of referral.
- For a working pensioner, you will need to collect a package of documents and send it to the social insurance fund.
These structures will issue funeral benefits.
Who is eligible to receive funeral benefits?
Financial transfers are sent to the citizen who was directly involved in the funeral and its payment. To receive money, you will need to provide documents from the funeral agency to the official structures.
The remaining funds are sent only to the relatives of the deceased. In contrast to funeral benefits, incapacitated relatives who were dependent on him, including children and parents, are recognized as family members of the deceased breadwinner.
ATTENTION! For children under 18 years of age, a pension is assigned upon presentation of a birth certificate. Sons and daughters who have celebrated their 18th birthday confirm the fact that they are studying full-time educational institution and thus have grounds to extend the payment period.
Students receive this type of financial assistance until they graduate at a maximum age of 23. If a student completes the program at an older age, he or she is not eligible for financial assistance.
What documents will be needed when making funeral payments?
After the death of a pensioner, payments require sending a complete package of documents, which includes:
- Original certificate and death certificate.
- General passport.
- Work record book or employment contract, if available.
Other additional paperwork may be required. All necessary documents can be provided by relatives or representing organizations that are involved in determining what payments may be due after the death of the pensioner and what will be the amount of compensation for funds spent on burial.
Features of receiving a pension and salary after the death of a pensioner
Upon the death of an elderly relative, not only the registration of state assistance for the burial of the deceased and further potential pension payments to dependents are carried out. They may include those funds that, for various reasons, the deceased did not manage to receive during his lifetime:
- In the situation of the death of an older person who was on a well-deserved rest, when he did not have time to receive pension accruals.
- It may also turn out that the deceased did not manage to receive wages or other payments locally labor activity, this applies to working pensioners.
To determine potential lost financial proceeds, the deceased pensioner's accounts to which they were transferred are reviewed. Representatives of the Pension Fund or the employer have this opportunity. If there were accrued but unused funds on the accounts at the time of death, direct relatives who are heirs receive the right to receive them.
When a loved one dies, relatives try to see him off with dignity on his last journey. Today funeral services are not cheap at all, so we should not forget that according to Federal Law No. 8 “On Burial and Funeral Business,” the state provides a free guaranteed list of funeral services, which includes:
- paperwork;
- provision of a coffin;
- transportation of the deceased to the cemetery;
- burial.
These services are provided specialized funeral services. When receiving free guaranteed services, a cash benefit for funeral is not issued. If the burial was carried out by relatives at their own expense, then they are entitled social benefit for burial. Let's look at what it is and what payments are due after the death of a pensioner.
Funeral benefit, its amount
Social benefit is a state fixed monetary compensation for funds spent on the funeral of the deceased. The law establishes that it should not exceed the cost of guaranteed services; in the general case, we are talking about the amount of 4,000 rubles, for the last two years it was 5,277 rubles. 28 kopecks The inflation rate is taken into account by the annual indexation of benefits, but in 2016 the benefit remained at the 2015 level.
In regions where there are regional coefficients, this amount is multiplied by the coefficient and can reach 6000 – 8000 rub..
Social benefits can be increased by additional payments and compensation in different regions of Russia in different ways. For example, for Muscovites this amount is 11,000 rubles.
Social benefits are issued as a lump sum on the day of application to the relevant service.
You can receive it at any time until six months have passed after the funeral. An application for compensation after 6 months has no legal force.
Where do you receive funeral benefits?
Several government departments have the right to issue compensation for funerals:
- Social Security Administration;
- pension fund;
- employer.
If a non-working pensioner dies, you should contact the Pension Fund where his pension was calculated. Foundation address determined by the pensioner’s place of residence, linked to official registration.
If he was registered with the Veterans Council of an enterprise, which in the collective agreement has obligations for non-working pensioners, then benefits can be paid at the previous place of work.
If a working pensioner dies, you should contact your employer.
Who receives the benefit?
Even a non-relative can receive benefits. A person who organized the funeral and incurred expenses can apply for benefits by submitting the necessary package of documents. Usually monetary compensation one of the relatives receives the funeral expenses; the degree of relationship does not play a role. If there are no relatives, then it could be a colleague or acquaintance.
To compensate for the expenses incurred for the burial of a pensioner package of documents about usually looks like this:
- statement from the person conducting the farewell.
- own passport;
- death certificate (death certificate);
- work book of the deceased to confirm the fact of his inability to work at the time of death.
The exceptions are persons who conducted entrepreneurial or commercial activities, as well as lawyers and notaries. They require a document from the Social Insurance Fund stating that the pensioner did not pay insurance premiums.
You can receive a cash payment by transfer it to a bank account, in this case you must provide all payment details.
In addition to the funeral benefit, other payments are possible after the death of the pensioner.
For example, if a pensioner worked under an employment contract, then relatives may be paid a lump sum financial assistance, but this is not regulated by law. But the lost pension is paid in accordance with the law “On Labor Pensions in the Russian Federation”.
How is a pension paid if a pensioner dies?
Calculation and payment of pensions ends on the 1st of the month, following the date of death. For the month in which the day of death occurred, the pension is accrued. The balance of the lost funds must be found out from the Pension Fund; for this, a request is made from a notary and a statement is written from a relative.
Accrued funds that remain unpaid are given to a relative who lived with the deceased pensioner until the day of his death. If several relatives apply for an unissued pension, the amount of money is divided between them.
The last pension is not subject to inclusion in the inheritance, so relatives can receive it when applying to the Pension Fund, by providing the following documents:
If there are no such relatives, then after 6 months this amount will be inherited by those who enter into the inheritance of the deceased pensioner.
