In what cases can the Pension Fund withhold part of your pension?

The majority of Russian pensioners receive rather modest payments, the indexation of which is barely ahead of inflation, and sometimes even lags behind it.

There are some surprises: many citizens are still perplexed by the strangely and very unevenly accrued January increase, and news is already spreading across the Internet about the preparation of new experiments in the pension system, designed to reduce the cost of providing for pensioners.

But even now there is a fairly wide range of grounds on which payments to the recipient may be cut. In this publication we will analyze these reasons and find out how to avoid them.

In what cases can the insurance pension be cut?

In accordance with current legislation, a reduction in payments to a pensioner can be made in the event of:

availability of the relevant executive document,

changes in circumstances giving the right to additional payments,

detecting an overpayment and making a decision on its return by the authorities responsible for pension provision,

the presence of a court decision to recover amounts that the pensioner was not entitled to, but were paid as a result of his abuses.

Despite the fact that a pension is not subject to income tax, it is certainly income, which means that in cases established by law, it can act as a source of penalties.

So, if a pensioner has debt on a loan or housing and communal services, in the event of a trial and the opening of enforcement proceedings based on the decision, the bailiffs will withhold money from the pension until the debt is fully repaid.

The Pension Fund explained that temporarily part of the insurance pension may be withheld due to the fact that it was overpaid in previous months. In this case, the excess money will be returned to the Pension Fund monthly by deducting a certain amount. More than 20% of the established pension cannot be calculated per month.

The pension may also be reduced by a court decision on recovery due to abuse by a citizen. For example, if a pensioner did not pay the rent on time, or did not pay off any fines. In this case, a collection case is initiated, which is sent to the bailiffs. Part of the pension will be retained by him until the debt is fully repaid.

In addition, a reduction in the size of the pension may occur on the basis of executive documents. In this case, the amount of deductions increases to 50%. If the penalties relate to unpaid child support, the citizen may be deducted up to 70% of the total amount.

A constant factor due to which the pension may suddenly decrease is the citizen’s move to another city. This is due to the fact that when you change your place of residence, the regional coefficient, which affects the amount of payments, may also change.

In order to find out exactly why the reduction in payments occurred, you need to contact the Pension Fund. Such information can be obtained at any branch of the fund, regardless of the place of permanent registration.

Earlier EADaily reported that Deputy Chairman of the Russian Government Tatyana Golikova spoke about how much pensions will be indexed.

Permanent news address: eadaily.com/ru/news/2019/09/14/pfr-esli-pensiya-vdrug-umenshilas-sprosite-nas-pochemu Published September 14, 2020 at 14:56

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How do overpayments occur that are then deducted?

They are formed in cases where a citizen loses the right to receive a particular allowance, but does not inform the Pension Fund about this and continues to receive it.

For example, a pensioner who has a minor child receives an increase until the child turns 18 years old. However, if he studies full-time, the additional payment will last until he completes his studies or reaches 23 years of age. But if an adult child is expelled, the pensioner loses the right to the dependent supplement, and he will be obliged to notify the Pension Fund about this. If this is not done, there will be an overpayment, which may subsequently be withheld from the pension.

Legal regulation

All questions about cases when it is possible to withhold part of the pension, the grounds and features of the process are enshrined in law:

Law No. 400-FZ (December 28, 20013) “On insurance pensions”;
Law No. 229-FZ (02.10.07) “On enforcement proceedings”.

A pensioner can obtain detailed information by contacting the territorial office of the Pension Fund of the Russian Federation, if the recovery is made through the fund, or from the bailiff who signed the writ of execution.

If the court makes a decision, the pension recipient will receive the corresponding document.

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Pension reduction due to relocation

Payments will be reduced if the pensioner officially, with a change of registration, moves to another region in which a lower regional coefficient is used when calculating pension payments.

You can avoid this if you manage to keep your old place of registration while permanently residing in the new one, but this is already an administrative offense for which you face a fine.

These are the main circumstances due to which a pensioner today may suddenly begin to receive payments in a smaller amount. Do you think this list will be expanded in the near future? Please share your opinion in the comments and thank you for your attention.

Can the old-age pension be reduced by decision of the Pension Fund of the Russian Federation?

Art. 26 of the law on labor pensions determines for what reasons a portion of payments may be withheld by decision of the Russian Pension Fund. This is an overpayment of social benefits and pensions resulting from the fault of the pensioner himself. This is due to the fact that, according to the law, an elderly person is obliged to notify the Pension Fund as soon as possible about changes in circumstances that may affect the amount of payments.

For example, a citizen is awarded a fixed payment in an increased amount due to the fact that he has a full-time student as a dependent. If he transfers to the correspondence department, is expelled or finishes studying, the pensioner must notify the Pension Fund authorities about this to carry out a recalculation.

Concealing information will be considered a violation of the law. The resulting overpayment will subsequently be recovered from the pension.

Many people are interested in whether the pension fund has the right to withhold overpayments resulting from the fault of the former employer. The Pension Fund does not have such a right. A striking example is that in order to calculate pension payments, erroneous information was provided about the amount of earnings received, which is why the citizen was assigned an increased pension. After identifying an inaccuracy, the pension provision will be recalculated by the fund employee, but the money paid in excess will not be deductible.

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Where to complain

Any refusal by the Pension Fund can be challenged. This can be done both pre-trial and in court. In the first case, you can contact the higher authority of the Pension Fund of Russia, or the prosecutor's office. In both cases, you will have to provide confirmation of your initial application:

ID card and SNILS;
receipt of receipt of documents upon initial application;
documentary refusal in response to the initial appeal.

Initiating a review of the legality of the refusal will either confirm the citizen’s claims if he was incorrectly accrued a pension, or will confirm the correctness of the accruals. But even in the latter case, you should not despair if the pensioner is confident that he is right.

Even this level of refusal can be challenged in court. Moreover, if, when checking accruals in a pre-trial manner, the pensioner is not provided with a written transcript of the assigned pension, then the calculations will be provided at the request of the court. After all, it is in court that the Pension Fund of the Russian Federation will have to prove the legality of calculating the amount. And the calculations will have to be documented.

The court's decision may put an end to the dispute. The court will simply oblige the Pension Fund authorities to recalculate. In addition, through the court it will be possible to recover:

penalty for the entire period of the reduced pension received;
compensation for moral damage.

If the newly assigned amount again does not suit the pensioner, he has every right to demand its recalculation, going through all the authorities again.

When will the state protect working people?

How can we ensure that the old-age pension ceases to be so humiliatingly small? Possible solutions to the problem were outlined by a professor at the Moscow Law University. O. E. Kutafina Elvira Tuchkova :

— In our country, pensions are low because people receive small salaries. This is the root cause! If average monthly earnings were at the European level of 100-150 thousand rubles, then the contribution to the Pension Fund in the amount of 22% of such amounts would be significant. What can you “pinch off” from earning 10-20 thousand rubles? Pennies! To make pensions worthy, wages must be increased.

Another way is to increase the insurance premium to 28%, as was before. But will the capitalists allow this? As soon as the question of increasing contributions is raised, businessmen immediately begin to blackmail the state: they say, then we will leave the market altogether. And the state stands up to protect business, not the working person. And how this person will live out his life later, when he will no longer be able to bring them profit, is of little concern to the capitalists. They prefer not to remember the basics of social insurance, which were invented in Germany back in the second half of the 20th century, and that contributions to social funds are wages lost by the employee, which should be returned to him upon the occurrence of an insured event such as old age.

In 1952, the 102nd Convention of the International Labor Organization “On Minimum Standards of Social Security” was adopted, which established: the level of pension coverage cannot be less than 40% of a person’s lost earnings. This is an international standard. 65 years have passed, and we still have not ratified the convention because we cannot guarantee even the minimum replacement level of 40% for pensioners.

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What did the reforms achieve?

We carry out pension reforms with enviable consistency, but pensions remain low. Moreover, people cannot even calculate the size of their future pension. They recognize it only when they come to register it, and are amazed: “Why so little?”

I believe that the pension law of 1990 (of which I was one of the authors and which was in force until 2002) was the most understandable and transparent from the point of view of calculating pensions. A man had to work for 25 years, a woman - 20. For each additional year of service, the pension increased by 1%. Its size was calculated depending on the salary - you could choose the average for any 5 years of continuous service or 2 years before retirement. And any person could calculate in advance what they would have to live on in old age.

However, the new law of 2002 canceled the pension rights previously earned by citizens, and all pensioners received a minimum wage of 4.5 thousand rubles. It was a crime. It’s good that 10 years later the state admitted the mistake and carried out valorization - recalculated those who worked before January 1, 2002. For some, pensions increased by 30%. Pensions for “new” pensioners began to be calculated according to a new scheme. People, even with high incomes and extensive experience, can now count on pensions of a maximum of 15-17 thousand rubles. Those who had low rates will receive 7-8 thousand rubles. This is why people continue to work even in old age. This does not come from a good life. But here the state gives them another “gift” - it cancels indexation for those who work. And why on earth?! People pay taxes, pay for their pensions through social contributions and increase the income of the Pension Fund. Moreover, the August recalculation was also essentially canceled for them - working pensioners now began to receive an increase of a maximum of 3 points, which is equal to a ridiculous 200-240 rubles.

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Will there be even less money?

If the 2002 law crossed out what people had earned before, then the new one, 2020, has completely confused everything. Formally, it doesn’t seem to have changed anything - there are insurance premiums, length of service and salary are taken into account. But the new formula contains a mechanism that will lead to a gradual reduction in the level of pension provision. Count for yourself: for each year of work you earn a certain number of pension points. Where do they come from? Your annual earnings are divided by the “limit of an individual’s income for calculating insurance premiums.” This value is set annually by the government, and it is constantly growing. In 2020 it was equal to 711 thousand rubles, in 2020 - 796 thousand rubles, in 2020 - 876 thousand rubles. But how many people's salaries are growing at the same rate? Let's say your salary is 30 thousand rubles. per month, for a year you receive 360 thousand rubles. In 2015, with this income, you earned 5 points, in 2020 - 4.5 points, and in 2020 - only 4.1 points. The actual numbers are even lower, because reduction factors are still in effect. And only from 2021, by earning the “limit value”, you will be able to receive the maximum number of points in a year - 10. But the trend is clear: with the same income, you will earn fewer and fewer points every year. This is the first one.

Second: what will these points be multiplied by? Their price will be determined by the government in the year of your retirement. The cost will be influenced by the economic situation in the country and the number of insurance premiums collected. At the same time, the number of pensioners in the country is increasing, the number of workers is decreasing, and many still do not pay into the general pension fund because they work illegally. All this does not help to ensure that the price of the point is high and you can count on a large pension in the future. The new pension formula leads to a sad result: whatever pension the state wants to give you, that’s what it will give you.

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