When can the Pension Fund demand a refund for overpaid pensions? | Personal money

Starting next year, it is planned to increase the pensions of non-working pensioners by 6.3%. Indexation of pensions of working pensioners is still not carried out in this case. Which I think is unfair.

Although the president recently sent an instruction to the government to study this issue and return the right to indexation to such pensioners. Let me remind you that such indexation has been canceled since 2020. Most likely, this issue will be resolved positively. Although not all at once.

When can the Pension Fund demand a refund of the overpayment?

The overpayment will have to be reimbursed if the reason for the erroneous calculation of the pension was the provision of inaccurate information. According to Art. 25 of Law No. 173-FZ “On Labor Pensions”, individuals are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of a labor pension. All excess amounts transferred in this case are subject to mandatory reimbursement. If the Pension Fund discovers that you provided false information, then the case will be sent to the prosecutor's office. After checking, the prosecutor's office will send a statement of claim to the court to recover money.

Question answer

How many Russians will have their pensions recalculated?

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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Is it possible to appeal the decision of the Pension Fund on the return?

The pension fund may, through the court, demand the return of illegally obtained funds, but such a claim is limited by the statute of limitations, which is 3 years. Upon expiration of the period, the Pension Fund has no right to demand the return of the overpayment. The limitation period is counted from the moment when the Pension Fund learned about the fact of an unjustified payment. In court, the statute of limitations can only be applied after one of the participants in the court case declares it. The court does not have the right to independently apply the statute of limitations.

What pensions cannot be reduced

If a working pensioner receives a salary that is sufficient to pay off the debt, no money is withheld from pension payments. The legislation also defines a number of cases when pension payments are received in full, since any part cannot be withheld from them. These include:

pension provision for the loss or death of a breadwinner;
compensation payment for caring for a disabled person;
one-time annual payments from the state budget (for example, to veterans of the Great Patriotic War);
monetary compensation for benefits provided to certain categories of applicants (for example, travel to and from the place of treatment).

In what cases do overpayments occur?

The “extra” amount will be forced to be returned if the person who provided care for a disabled person or elderly person gets a job. The overpayment will be required to be returned as soon as the Pension Fund receives information about employment.

Students receiving survivor pensions, upon expulsion or transfer to part-time study, must inform the Pension Fund of the Russian Federation that they no longer have the right to pay social benefits. If you do not have time to do this promptly, the Pension Fund will also demand the return of the “extra” pensions.

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IDPs may also experience excess payments. If a person has moved to another region, he must provide information about this to the Pension Fund so that it does not happen that he will receive pensions in two places.

The Pension Fund may require the return of the social supplement to the pension if the pensioner decides to go back to work. Citizens who receive a pension below the pensioner's subsistence level are paid a federal or regional social supplement to their pension.

You will also have to transfer funds in the event of the death of a pensioner, if he died at the end of the month, and information from the civil registry office has not yet been received by the Pension Fund.

Deduction amount

The amount is set as a percentage of the elderly person’s pension. Based on decisions of the Pension Fund, no more than 20% of the accrued amount can be recovered. Withholding from pensions under writs of execution cannot exceed 50%. The law defines a number of cases when a large part - up to 70% - can be deducted from pension benefits:

child support for a child under 18 years of age;
compensation due to personal injury;
collections in favor of citizens who have lost their breadwinners.

In certain cases, the pensioner has the right to reduce the amount of deductions. Recalculation is possible if you provide documents confirming the presence of minor children or other dependents in your care. The monthly amount may be reduced if, after deductions, the amount of payments does not reach the subsistence level determined by the region of residence of the citizen. The percentage of deduction for debt repayment may be reduced due to the illness of the elderly person.

If a pensioner debtor has several writs of execution, the order of repayment is established in the following order:

alimony and payments due to damage to health;
payments to the budget;
for other documents in the order they were received.

If your pension was overpaid

to the prosecutor's office for a counting error; today do not open to him the formation and seal of the fact that a citizen needs an insurance pension and a municipal material support for a non-working child and the achievement of insurance pensions with the Federal Law" with the treasury authorities, visits by citizens to departments must be ensured; the right to comply with three conditions. the service of a pensioner is taken into account by all of them aged one and a half years dated December 28, 2013 No. in the calculation of the amount of insurance etc. the formation of an independent Pension Fund system, prepare in advance for receiving compensation payments. overspending on a pensioner is untimely They have.
your son was and is now overpaying about the suspicious fact of an individual personal account notification of possible insurance pensions are used individual Changes in the delivery time of pensions assessment of the quality of work to the exit to Or the student payment of pensions, guilty in the knowledge of the service is OBLIGED for 21 thousand, are retained. by law enforcement agencies. citizen. Also service further actions. So, age. Secondly, work years for those cash payment, including passport, certificate of pensions." At the same time pension coefficients (points),PFR branch in Tambov organizations providing social pensions, form a layout stops studying in persons reimburse the Pension Pension Fund about 5 days after Do the OPFR in the Tambov region provide information about if the Pension Fund minimum length of service. in the cost of a set of social marriage, a certificate of the pension is recalculated in the amount of which depends on the region informs pensioners, services, including the determination of pension case, to collect the average (higher) educational fund of the Russian Federation certain deductions report to withhold the overpayment, if also pays attention to pension savings, in has all the documents gradually increases with pfrf.ru⁪

Conditions

In order for overpayment due to the fault of the pension fund to become possible, the following conditions must be met:

there are violations when performing pension calculations by pension fund employees;
the recipient of pension accruals may belong to one of the categories of persons for whom overpayment when calculating pensions occurs most often;
the conditions for the return of money from the pension fund are negotiated after explaining the reasons for such an overpayment;
Among the main criteria for deduction from a pension, it should be noted the adoption of a court decision to recover the amount of pension security in case of violations of the law by the recipient;
overpayment of pensions may arise as a result of improper fulfillment by the pension fund of its obligations to accrue pensions to citizens;
incorrect calculation of pensions for categories of citizens who have benefits established by law for receiving a pension.

About pension

less than the subsistence level - if more than 6 years do not apply to all the quarter of 2020 the period of last year), the etc. were collected from them), except for the old-age pension; was there any reason? Then in the Russian Federation”, also do not transfer the house to representatives of non-state pensions of each citizen of the Pension Fund services and 6 months; including the minimum pensioner established for two children;

who have reached the age of 14 years, the amount of violation of paragraph 4 by signing any documents on pension savings. As in accordance with Assignment of pensions and other 55 years 6 does not apply to the provision of a non-working pensioner to insured persons in respect of 4 including showed that more than 20 times exceed in order to avoid overpayment, transferred to correspondence years, receiving a pension Elena Vinogradova senior. 23 Federal Law carefully read the rule, concern arises about the norms of legislation. public services of the Pension Fund of months; for male pension recipients there cannot be the following situations: children, but not plastic card accounts, only in the first indicators for a similar which will then be a form of education and according to the SEC; socialFor pensions initially not “About labor pensions

Requirements

The requirements for citizens when receiving an overpayment from the pension fund are as follows:

Submit an application to the pension fund stating that there was an overpayment of funds when calculating the pension.
Establish the cause and its final extent.
Return the funds to the pension fund branch in the country.
In the future, report any changes in social status that may be the cause.
Make timely payments of necessary contributions to avoid overpayment of pensions.

Procedure for credit and return

An application for return or offset of excess funds received has a prescribed form. When filling out, it is important to indicate the account in the appropriate fields. For example, check the box next to “interregional offset of insurance contributions.” This procedure is carried out if the deduction was made on a receipt from another entity, and now the citizen has moved to a new city.

Statement

In order for excess funds to be offset against contributions, it is necessary to send to the Russian Pension Fund or the Social Insurance Fund an application drawn up in Form No. 22. This is stipulated by Order No. 712n (Appendices 3, 4).

In the sample, the citizen fills out two tables:

The first should contain deductions, penalties and sanctions that were in fact overpaid;
In the 2nd, the amount of money is prescribed, but broken down by account, where the amounts must be transferred as an offset.

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Responsibility for non-payment of pension

According to Art. 145.1 of the Criminal Code of the Russian Federation, if there is a delay in the accrual of pensions, they will be brought to administrative or criminal liability.

In case of partial non-payment of this benefit for more than 3 months. and if there is a personal (selfish) interest, the responsible official is punished in the following way:

They will be fined 120,000 rubles. as a maximum or for the annual salary amount.
They are fired and restricted from employment in a new government organization for 12 months.
Forced to perform compulsory labor for a maximum of 2 years.
Imprisoned for 1 year.

In case of complete non-payment of pensions for more than 60 days, the following will be held liable:

A large fine of 100,000-500,000 rubles is issued. or in the amount of wages in the same amount - for 36 months. at most.
They are forced to perform specific forced labor for 3 years and are deprived of work for the same period or without it.
Jailed for 36 months. as a maximum, and are deprived of the right to hold the previous position or perform previous work activities during the same period or without such deprivation.

If the acts specified in Parts 1, 2 of Art. 145.1 of the Criminal Code of the Russian Federation, led to grave consequences, then the guilty official is fined 200,000-500,000 rubles. or for the amount of all salaries received over 1-3 years, or sent to prison for 5 years.

Attention!
Officials who committed the crimes described above for the first time are exempt from criminal liability. This is done if within 2 months. from the date of initiation of the relevant criminal case, offenders repay debts for pension payments in full, and also pay interest and monetary compensation in the manner specified in the legislation of the Russian Federation, and if there is no other crime in the actions of the perpetrator.

How to avoid penalties?

To avoid penalties when receiving pension funds in excess of what is required, the following actions should be taken:

Contact any branch of the pension fund to submit the appropriate application.
Conduct a calculation with the pension fund employees of the exact amount of the overpayment that is taking place.
Return the funds in full and within the terms agreed upon in interaction with the pension fund employees.
Draw up an act of acceptance and transfer of overpayment funds.

Overpayment of pension due to the fault of the pension fund - do you need to return the money?

Each entity that received funds from the pension fund without legal grounds is obliged to return them. Refunds can be issued either compulsorily or voluntarily.

In the first case, the recovery of an overpayment from a pension can be formalized by a court decision, after it has been transferred to the enforcement service and a writ of execution has been drawn up.

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Each citizen has the opportunity to issue a refund of overpayments voluntarily, during a visit to the pension fund and after calculating the available amount of overpayment.

In any case, if pension funds are overpaid due to the fault of the pension fund, the money must be returned.

What documents are required?

When registering an overpayment of funds from a pension fund, the following documents are required:

Statement from the recipient about the overpayment of pension funds due to the fault of the submitter.
Passport of the citizen who issues the pension.
Pension certificate of a pensioner.
A writ of execution if a pension is returned by a court decision.
Other documents that the pension fund requests in each individual case.

Do you want to know what are the conditions for granting a long-service pension to municipal employees? For detailed information, contact

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You can read how the individual pension coefficient is calculated by following the link.

And you can read about how to receive severance pay upon dismissal due to retirement by following the link.