Where should non-working pensioners apply for a social supplement to their pension: the Pension Fund or Social Security?


How are pensioners deceived at the Pension Fund? Photo: rbc.ru Elderly people are rarely able to continue working, so when they reach retirement age they prefer to immediately contact the Pension Fund branch to receive a monthly payment represented by a pension.

Various adjustments are regularly made to the pension system, so older people cannot understand the rules for calculating this payment. This leads to the fact that pensioners are often deceived by pension fund employees when calculating pensions.

Why is the payment calculated incorrectly?

If PF employees incorrectly calculated their pension, this leads to the fact that the citizen is forced to receive a low payment that does not correspond to his length of service and average income. Therefore, a person must understand the rules for calculating pensions in order to ensure that they are calculated correctly by PF representatives.

Most often, errors in calculating this payment are due to the following reasons:

  • PF employees deliberately reduce pension amounts in order to reduce the financial burden on the fund;
  • calculations are carried out by employees who do not have the necessary education and experience, so they make mathematical errors;
  • Some years when a citizen worked in a company are not taken into account, since it is not possible to obtain information about this company due to its closure.

The above errors are a violation on the part of PF employees, therefore citizens have every right to file complaints or lawsuits in court. Based on such statements, the incorrectly accrued pension is recalculated.

complaint to the pension about an incorrectly accrued pension

Unfavorable time period is taken into account

To receive the largest pension, it is necessary to take into account the most profitable periods of employment (when the salary was maximum). For example, the period from 2002 to 2003 can be taken as the calculation years. But here you need to look at the salary. If a person’s income during this time period was modest, then the pension will be lower.

To increase the size of payments using the coefficient, you need to take any five years when the pensioner’s income was maximum in relation to the average salary in the Russian Federation (for the period taken into account). In particular, the marginal coefficient (for a regular region) is 1.2. If we take the North of Russia, this parameter increases to 1.9.

Despite the ability to choose a “profitable” period, not everyone uses this option. The reason is that many structures have ceased operations, and it is not possible to obtain documents. In practice, other situations have been observed when employees of the Pension Fund of the Russian Federation specifically select the most unfavorable intervals to reduce the amount of pension benefits.

Pension Fund employees act as follows. First, they look for a reason to “get to the bottom” of the pensioner and point out the lack of necessary documents. Further, employees of the Pension Fund assure that the desired period is not documented. As a result, pensioners put up with the current situation and accept the years indicated in the Pension Fund. As a result, pension benefits are falling. The expectation is that the pensioner will not be able to understand the intricacies of the calculations, and will not delve into this work.

Where can I file a complaint?

Initially, you should decide where to complain if your pension was calculated incorrectly. You can make official statements to various government agencies. Each organization promptly considers such complaints. Where to go if your pension was calculated incorrectly? A complaint can be submitted to the following authorities:

  • Initially, you need to write a statement to the Pension Fund, which indicates the need for recalculation, and if within 5 days an error is not identified or there is a negative response to such a statement, then more serious measures will have to be taken;
  • a complaint is submitted to the head of a specific branch of the Pension Fund, and documentation received from the fund employee, as well as evidence of incorrect calculations, is attached to it;
  • a citizen applies to the prosecutor's office with a complaint because human rights are being violated by PF employees;
  • an application is drawn up and sent to Rospotrebnadzor, since it is this organization that allows you to protect the rights of clients of various public or private institutions;
  • a statement of claim is formed, on the basis of which all documents are studied, and a separate calculation is carried out to identify an error, and if it is actually discovered, the court obliges PF specialists to recalculate, correctly calculate the payment, and also transfer compensation to the citizen.

If the case goes to court, then all legal costs will be covered by the Pension Fund, but only if the citizen can really prove that the calculations by the specialists were made incorrectly.

where to go if your pension was calculated incorrectly

Recalculation methods

Initially, it is important to figure out whether the pension was actually accrued incorrectly. How to return funds for the entire time when a citizen received a smaller payment than expected? To do this, the correct calculation is initially made. It can be done in different ways:

  • independent calculation using the appropriate formula or a special online calculator located on the PF website or other sites on the Internet;
  • contacting another employee of the Pension Fund, for which an official statement is drawn up with a request to recalculate, and the process must be completed within 5 days, and if an error is actually identified in past calculations, then the specialists of this fund are obliged to pay the due funds from the next month;
  • drawing up an application addressed to the head of the PF department.

If PF employees do not identify any discrepancies, a written refusal will be received. The most reliable information can be obtained only after an independent calculation, since the citizen can be confident in the correctness of the manipulations performed.

what to do if your pension was calculated incorrectly

Self-recalculation rules

Many pensioners are wondering what to do if they calculated their pension incorrectly. To do this, it is necessary to officially verify that the payment received is indeed less than required by law. For this purpose, an independent recalculation is performed. The procedure is divided into the following stages:

  • Initially, you need to obtain a certificate containing information about the status of your personal account in the Pension Fund, and the process can be completed when visiting a branch of this institution or on the organization’s website;
  • a formula is studied that allows for recalculation;
  • the necessary indicators for calculation are substituted into the formula;
  • it is taken into account that for each year of work before 1991 an additional one percent is accrued per year of experience, but the total amount of the bonus cannot be more than 75%;
  • for the years after 2002, the indexation percentage should be taken into account;
  • The pension coefficient is determined, and the number of points available is calculated.

If the pensioner has a certificate from the pension fund in hand, then actually making the calculation will not be difficult. If it turns out that a person receives a smaller payment than required by law, then he should know what to do if the pension was calculated incorrectly. Using various methods, you can ensure that you receive the payment required by law.

Rules for using the online calculator

Directly on the PF website and other resources on the Internet there is a special online calculator that allows you to quickly and easily determine the optimal pension amount. To obtain the necessary information, you only need to enter reliable information in a special form, represented by length of service, number of points and other parameters.

The calculation is made promptly, and the information received is correct and up-to-date. The process can be carried out not only after the pension is calculated, but also before going on vacation to understand whether it is advisable to continue working or whether the citizen can retire.

recalculation of incorrectly accrued pensions

What to do if you don’t agree with the accrued pension

rzd, I didn’t really understand your question. Are we talking about the same child or different ones? Was care provided for the same child from birth or for one child from birth for 1.5 years, and for another - from some other moment? And in what sense is this disadvantageous? Which option do you think could be more profitable? As far as I know, if caring for a disabled child has been officially registered, then it is simply included in the length of service along with other periods of work or non-insurance periods. If this care was provided from birth, then most likely you can replace 1.5 years of this period with points for caring for a child up to one and a half years old - you write about this, the number of points depends on the birth order of this child. As far as I know, no other points are added for caring specifically for a disabled child. Unless the mother of a disabled child, if she raised him until he was 8 years old, has the right to retire at 50 years old. But at the same time, the size of the pension will be calculated as for all early workers, with an increase in the period of “survival” (disgusting term), i.e. The pension amount will be less than if you retire at the usual time.

This is interesting: On October 2, 2020, Putin signed a Decree on Confirmation of Income for Obtaining Russian Citizenship

I’ll write more, in case it comes in handy. For this mother, if she has not applied for a pension within the period when she received the right to it (in this case, from the age of 50) or refuses it for some period of more than a year, according to the current law, the size of the pension should be increased in the same way, as for those people who retire later than the established period. Only the coefficients for increasing pensions for early workers are lower.

Specifics of applying to the Pension Fund

If discrepancies are identified, a complaint about an incorrectly accrued pension is initially filed with the Pension Fund. The rules for applying to this institution include:

  • an initial application is generated, on the basis of which the citizen requests a recalculation;
  • this document is transferred to the PF employee responsible for calculating the pension;
  • You must have with you not only this application, but also SNILS with your passport.

Recalculation is completed within 5 days. If the answer is still negative, then a second application is drawn up addressed to the head of the PF branch. If a pensioner cannot, for various reasons, independently visit the Pension Fund branch, then he can use the help of a trusted person who has a power of attorney certified by a notary.

Subject: They did not provide a full calculation of my pension

At 61, she is already working due to old age. Disability is somehow taken into account in it. I can not say exactly. When disability is granted before retirement age, for example, at 56 years old for a man, a social pension is assigned. And when retirement age comes, it is recalculated into an old-age labor pension.

Or maybe Putin misspoke? After all, I spent half a day and got tired in the evening. I heard this figure in his answer to a question, and he mentioned the word “social”. Most likely he doesn’t know that we have different pensions: social and labor in old age.

10 Jun 2020 lawurist7 564
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How to file a complaint?

Many pensioners are faced with incorrectly accrued pensions. How to deal with such a situation? For this purpose, a complaint is filed with the Pension Fund department. The application must contain the following information:

  • name of the state organization;
  • her address;
  • information about the applicant provided by his full name, residential address and contact telephone number;
  • it is indicated that PF employees incorrectly calculated the pension, thereby infringing on the rights and interests of the applicant;
  • the citizen's requirements are presented, represented by the need to recalculate and accrue the correct amount of pension;
  • the documents attached to this application are listed;
  • The date of drawing up the application and the signature of the citizen are placed at the end.

The application is drawn up in two copies, since one document is handed over to the PF employee, and the other is marked with acceptance.

pension accrued incorrectly, how to get it back

Contacting the prosecutor's office and Rospotrebnadzor

Where to go if your pension was calculated incorrectly? If PF employees refuse to recalculate, then complaints are filed with the prosecutor’s office and Rospotrebnadzor. To do this, you can use the free application form. The name of the organization to which the citizen is applying is indicated, as well as the reasons for filing such a complaint.

Based on these statements, employees of the organizations conduct an inspection. If it really turns out that PF specialists incorrectly calculated the payment, then they will be held accountable. Additionally, they will be required to correctly determine the pension.

incorrectly accrued pension how to deal with it

I do not agree with the accrued pension

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This is interesting: Error in EPD where to contact

Features of going to court

Every pensioner should know where to send a request if their pension was calculated incorrectly. Contacting the Pension Fund is the first step, which in practice rarely gives the desired result. Often recalculation is carried out after filing an application with the prosecutor’s office and Rospotrebnadzor. But most often citizens have to go to court.

The court will certainly force a qualified and independent specialist to make a calculation in order to obtain information about what pension the pensioner should actually receive. If discrepancies are identified with the payment that is transferred to the plaintiff from the Pension Fund, then the employees of this body will be forced to recalculate. Additionally, compensation will be accrued for all the time when the pensioner received an incorrect payment.

If the recalculation shows that the PF specialists correctly determined the amount of the pension, then the claims will not be satisfied. In this case, the plaintiff will have to bear the legal costs.

Rules for filing a claim

The nuances of filing a claim include:

  • This application is submitted to the court only if the PF employees give a negative response to the previously filed complaint;
  • it is important to attach documents to the claim confirming that the plaintiff is right;
  • It is advisable to use the help of lawyers;
  • if the court accepts the claims, then not only will the pension be increased, but compensation will also be paid, and legal costs will be covered from the funds of the fund;
  • when drawing up a claim, indicate the full name, date of birth and registration address of the citizen;
  • you must apply to the court at the place of residence of the plaintiff;
  • the statement clearly states the essence of the problem that has arisen;
  • As a claim, you can indicate not only the need to correctly calculate the pension, but also to pay compensation to the citizen.

You can get help in filing a claim from a lawyer.

if your pension was calculated incorrectly

How to challenge an old-age pension?

In order to challenge an assigned old-age pension, you must write an application to the court. It indicates the reason for disagreement with the amount received. The pensioner independently recalculates the pension received from the one he is entitled to.

Earnings are the main component in calculating a pension. The role of experience in calculations is insignificant.

The appeal states:

  • FULL NAME;
  • full registration address;
  • statement of the problem.

To challenge an assigned pension you must:

  • see for what period the earnings were taken and its size;
  • The pension case is being checked.

Is it possible to increase the size of the pension?

Ways to increase your pension:

  • The pension amount is calculated based on official salary data. It is important to ensure yourself the highest “white” salary throughout the entire working period;
  • study the process of charging money. It is important to know all changes in legislation;
  • choose the correct accrual process. It is important to study all the pros and cons.

The provided options enable a person to increase the size of the future payment amount. Options are available to citizens who want to make a difference. The lazy can just wait and hope.

A citizen can increase the amount of payments if he works at retirement age. He can refuse all types of pensions and save.

Advantages:

  • a noticeable increase in the size of the pension;
  • openness of the method to a wide audience.

Cons: looking for other sources of income.

Working citizens of retirement age receive increased amounts. This is due to the fact that they work and pay insurance premiums.

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