The concept and meaning of labor pension in case of loss of a breadwinner

It is a monthly payment for citizens who have lost their main source of livelihood in the person of a deceased or recognized missing breadwinner.

Conditions for granting a survivor's pension:

1. The main condition will be being a dependent.
2. The deceased breadwinner must have insurance experience; its duration is not important, the main thing is his actual presence.
3. The occurrence of death should not be associated with intent or illegal actions of the relatives of the deceased breadwinner; if this fact is recognized in court, then the right to a pension is lost.

The circle of persons entitled to a pension under the SPC

1. Children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18. The period of this payment can be extended to 23 years of age if the pension recipient is studying full-time in institutions of secondary or primary vocational education; foreign institutions can also be included in this list if the person was sent to study under an international treaty of the Russian Federation. Children are recipients of compensation by default and their rights are difficult to challenge, but as for other specified persons, it is necessary to prove that they are dependent, that is, they should not have parents obligated to support them. I would also like to note that children lose the right to a pension when they have their own dependent.
2. Compensation can also be received by able-bodied citizens, for example, a spouse or one of the parents, if they are caring for the young children of a deceased breadwinner who have not reached the age of 14 years.
3. Parents or spouse of the deceased breadwinner, if they cannot independently receive income due to age or disability.
4. Grandfather and grandmother also have the right to this payment, only if there are no persons who are obliged to financially support them (children) and their age exceeds the retirement age.

There are several other conditions that must be fulfilled when assigning this type of pension:

1. As mentioned above, brothers, sisters and grandchildren have the right to a pension under the SPC on the same basis as children, only if they do not have able-bodied parents who are obliged to support them. Based on this, it is necessary to clarify that deprivation of parental rights or serving a sentence in a place of deprivation of liberty is not grounds for denial of maintenance. That is, if parents are deprived of parental rights, they still must fully financially provide for their children.
2. Natural children have the same rights as adopted children, the same can be said about parents, who can award compensation on an equal basis with adoptive parents.
3. Entering into a new marriage is not grounds for terminating pension payments to a spouse.
4. As a rule, the dependency of minor children does not require proof ; the child retains the right to a pension upon adoption.
5. As for the stepfather or stepmother of the deceased breadwinner, you need to confirm the fact that they supported their stepson or stepdaughter for 5 years. Confirmation occurs in court using checks, witness statements and other factors.
6. The fact of being a dependent must necessarily occur before the death of the person or before he is declared missing.
7. If it is recognized that the breadwinner's income was the main source of funds, then the person receiving another type of pension can make the transition to a pension under the SPC.
8. A disabled spouse or parents are entitled to monthly compensation under the SPC , regardless of the amount of time that has passed since the death or recognition of the person as missing if they have lost their source of livelihood.
9. In case of violation of the conditions for appointment (the deceased breadwinner has an insurance record or illegal actions of dependent persons resulting in his death), there is no right to an insurance pension, but it is possible to apply for a social pension under the SPC.

Who is eligible for SPC payments?

Disabled relatives of the deceased who were dependent on him have the right to receive a pension in the event of the loss of a breadwinner. These include:

1. Young children, sisters and brothers of the deceased, grandchildren - minors or disabled. This category includes full-time students under 23 years of age.

2. The husband or wife of the deceased, parents and their parents, children of the deceased or other relatives who do not work and care for his young children (under 14 years old).

3. Grandparents, parents or spouses who are of retirement age or have a disability.

Where to apply for a pension

1. To the territorial body of the Pension Fund at the place of registration, and if there is none, then at the place of stay.
2. The application can also be submitted through the multifunctional center; in this case, the day of application will be considered the day the application was submitted.
3. Citizens who have left for permanent residence outside the Russian Federation have the right to contact the main office of the Russian Pension Fund, which is located in Moscow at 4 Shablolovka Street.
4. To submit an application electronically, you can use your personal account on the official website of the Pension Fund.
5. If the application was sent via mail, then the day of submission of the application will be considered the date of departure indicated on the envelope.
6. A citizen can apply for a pension in person, with the help of a legal representative or a proxy.

Required documents

It must be remembered that all documents must be submitted in two copies (original and copy).

If any documents are missing, the citizen will have three months to submit them without completely stopping the registration process:

1. Application for a pension.
2. Passport of a citizen applying for a pension under the SPC.
3. Certificate of death of the breadwinner or a court decision declaring a person missing.
4. Certificate of compulsory pension insurance (SNILS) for both the future recipient and the deceased breadwinner.
5. Documents confirming the breadwinner's length of service and his earnings. These include a work book, with all correctly entered entries, it is also necessary to submit a salary certificate for 60 months before 2002, if you have work experience at the specified time.
6. Documents that confirm your relationship with the deceased breadwinner, for example, a child’s birth certificate or marriage certificate.
7. For children over the age of 18, it is necessary to submit a certificate from an educational institution confirming full-time education.

In exceptional cases, additional documents are required confirming being dependent on the deceased breadwinner; when contacting the Pension Fund, the employee will indicate the missing part, which is determined for each individual or may not be required at all.

Procedure and rules of registration

The assignment of benefits under the SPC has its own procedure and rules for registration. Step-by-step algorithm of actions:

1. Collect a package of documents.
2. Fill out the application according to the sample that is posted at the stand of the Pension Fund branch or on the organization’s website.
3. Submit documents to an employee of the authorized body.
4. Select the paying organization and delivery method and notify the Pension Fund employee about this.

• How Kommunarka doctors protect themselves from coronavirus
• How to teach a baby to crawl
• Apple cider vinegar for face

Where to contact

To apply for a benefit under the SPC, you should contact the territorial office of the Pension Fund of the Russian Federation at the place of residence of the applicant, a multifunctional center (hereinafter referred to as the MFC), a post office or, if you need to apply for a military pension, an agency of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Ministry of Defense of the Russian Federation) with a corresponding application. You can fill out and submit it in person, through your employer or official representative:

• in electronic form in your personal account on the Pension Fund of Russia portal online;
• through the MFC branch;
• using mail;
• personally:

1. an employee of the territorial branch of the Pension Fund or;
2. to an employee of the local Ministry of Defense.

List of required documents

To receive benefits under the SPC, you must prepare a package of required papers. Documents for applying for a survivor's pension:

• passport of a citizen of the Russian Federation / certificate of registration / residence permit;
• completed application;
• birth or adoption certificate;
• individual personal account insurance number (hereinafter referred to as SNILS);
• certificate or death certificate of the breadwinner;
• certificate of service, work book;
• other documents to clarify the current circumstances:

1. the reasons for the applicant being dependent on the deceased;
2. lack of parents/relatives capable of working and providing for the applicant;
3. the fact of loss of a source of income and livelihood.

Deadlines for assigning an insurance pension in the event of loss of a breadwinner

Appointed from the date of application, but not earlier than grounds for receiving compensation arise.

If the application for a pension was made no later than 12 months from the date of death of the breadwinner, then it is assigned from the actual date of death, but if the period of 12 months was exceeded, then the pension is assigned starting 12 months from the date of filing the application.

For example, if the death of the breadwinner occurred on January 20, 2014, and the application for a pension followed on March 20, 2015, then the payment will be assigned starting 12 months from this date, that is, from March 20, 2014.

If a citizen had the right to receive a pension under the SPC, but he did not use it, that is, he applied for a pension later than the fact of death, then he will be paid a lump sum for all months.

The Pension Fund employee has 10 days to consider the application, but if a lack of documents is detected, the process is suspended for a maximum of 3 months; if during this time all the missing documents are provided, the deadline will not be interrupted.

A pension under the SPC is assigned for the time when the dependent is disabled, including indefinitely.

Conditions of appointment

In order for the authorized bodies to be able to assign payment in connection with the loss of a breadwinner, certain conditions must be met:

1. The deceased breadwinner must have insurance coverage (one day or more).

2. The applicant for a pension has not committed any illegal acts that could have resulted in the death of the breadwinner.

3. The person in respect of whose rights documents are submitted to the Pension Fund was dependent on the deceased.

If the deceased did not work, a social benefit is assigned in accordance with the norm prescribed in the Pension Law No. 166.

If a person has disappeared and does not provide news about himself, he can be declared “missing” in court. Such a citizen is equivalent to a deceased breadwinner.

Amount of insurance pension in case of loss of a breadwinner

The amount of the insurance pension is calculated using the following formula: SPspk = IPK x SPK,

1. Where SPspk is the amount of insurance pension in case of loss of a breadwinner;
2. IPC is the individual pension coefficient of the deceased breadwinner.
3. SPK is the cost of one pension coefficient as of the day from which the insurance pension is assigned in the event of the loss of a breadwinner.

Also added to these indicators is a fixed payment, which as of 2020 is 2,279 rubles 47 kopecks. But do not forget that for some citizens this payment increases.

For orphans, this payment is assigned in the amount of 4558 rubles 94 kopecks. Also, for persons permanently residing in the regions of the far north or in equivalent areas, the fixed payment increases by the corresponding regional coefficient.
When moving from these territories, the increase stops.

Payment of insurance pension under SPK

The pension is paid monthly and the citizen has the right to choose the method of receipt, these include:

1. Through Russian Post - you can receive a pension at the organization's cash desk or order it delivered to your home, a specific date of receipt will be set.
2. Through a credit institution , you can get a bank card and receive your pension in the form of money transfers.

Also, a payment for a citizen can be received by his authorized representative; every year the fact that the pensioner is alive will be established in order to exclude the possibility of fraud.

If the pension has not been received within 6 months, then the payment is suspended, but it can be resumed by submitting an application, and a lump sum payment of all previously uncollected amounts is made.