Suspension and resumption of payment of insurance pension

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The possible suspension, termination and resumption of pension payments worries every third recipient of funds. Citizens who have retired, as well as disabled people who need to undergo periodic medical re-examination may face a similar situation.

• On what grounds are pension payments suspended?
• When does a complete cessation of pension payments occur?
• Terms of suspension of pension payments
• Guarantee of protection of unjustified termination and suspension of pensions
• Procedure for suspension and termination of pensions
• Terms of suspension and termination of pension payments
• Restoration of pension payments
• Conclusion

On what grounds are pension payments suspended?

Current legislation provides for two situations in which a temporary suspension of pension payments occurs:

1. Failure to receive funds by a pensioner within six months.
2. Refusal or failure to appear for medical re-examination.

Citizens who have retired, in the process of applying for pension payments, choose the method of receiving funds. They can provide a bank account, in which case, when transferring money, it will be considered that it has been paid to the recipient. The pensioner does not have to withdraw them from the account; he can keep them for several years and use them at his own discretion. Despite the ease of opening bank accounts and receiving pensions through them, many citizens prefer to use the classic method - through a postman or other organization that delivers funds. If a pensioner has not received payments in hand for more than 6 months, they are automatically suspended until the circumstances are clarified. Citizens recognized as disabled also receive pension payments. At the same time, their age does not matter; funds can be issued even for a child. The main thing here is the presence of disabled status, assigned by passing the ITU. Some disability groups require extension, i.e. re-passing the commission.

If a citizen does not appear on time for re-examination, pension payments will be temporarily suspended.

The timing of the re-examination must be indicated in the documents held by the disabled person. A citizen should prepare in advance for this procedure, since it affects his interests. If you do not pass the ITU on time, pension payments will be suspended. Foreign citizens also have the opportunity to receive a pension in the Russian Federation, subject to obtaining a residence permit. If its validity period comes to an end, payments are suspended.

Disability pension payment suspended

In this situation, I can recommend that you submit a written application to your regional PFR office and at the same time send a copy of this application to the regional PFR office. In the application, require a reasoned (i.e. with references to relevant regulations) explanation of the grounds for suspending pension payments. After receiving a response from the pension authorities (and they respond to applications in detail and in detail, as practice shows), go to court.

This refusal is not legal. In accordance with the Federal Law “On Labor Pensions in the Russian Federation,” “Citizens recognized in the prescribed manner as disabled people of groups I, II or III have the right to a labor pension for disability.” However, this is not limited to any conditions regarding the place of acquisition of disability.

When does a complete cessation of pension payments occur?

There are situations in which pension payments are stopped completely.

These include:

• Death of the pension recipient.
• Removal of disability.
• The recipient of a survivor's pension reaches 18 years of age or stops studying full-time.
• A citizen leaves the country and obtains foreign citizenship with which the Russian Federation has not concluded an agreement.

In these situations, the pension can be suspended automatically, as soon as the event has occurred, or at the request of the recipient of the payments or his relatives.

In the event of the death of a pensioner, his relatives must provide to the Pension Fund:

1. Death certificate.
2. Certificate from the registry office about death.
3. A court decision declaring a pensioner missing or dead.
4. Other documents from government organizations certifying the death of a pensioner.

The PF is obliged to request confirmation of the information provided from the registry office and other government organizations. Only after this will pension payments be completely stopped. The need to conduct an audit helps protect citizens from illegal actions and preserve their legal right to receive a pension. If a previously assigned disability group has been removed from a citizen, he completely loses the right to receive pension payments, since he is recognized as capable and can get a job. After some time, the citizen will be able to try again to pass the ITU; if the result is positive and he is again assigned a certain disability group, he will be able to submit documents for payment of a new pension.

Termination of the survivor's pension occurs automatically when the child reaches the age of 18. However, a citizen has the right to extend payments up to 23 years of age, subject to full-time study.

If he is expelled, goes into the army, goes on maternity leave, or graduates from an educational institution, payments should be stopped. Only citizens have the right to receive a pension in the Russian Federation. Therefore, if a pensioner travels abroad and receives new citizenship, all payments stop. The only exceptions are countries with which the Russian Federation has concluded a corresponding agreement. In this case, the citizen must notify government services about the change of residence, but pension payments will not be terminated.

Conditions for suspending pension payments

An elderly person may have their monthly payments temporarily frozen. The termination of old-age pension payments occurs on the basis of an order from the local branch of the Pension Fund of the Russian Federation (PFR). This does not mean a complete cessation of accruals. The suspension period for payments is 6 months, starting on the 1st of the next month.

Reasons for temporary freezing:

• Refusal to receive an insurance pension.
• Failure of a disabled person to appear for examination.
• Failure to receive pension payments within 6 months.
• The dependent reaches the age of 18.
• Change of country of permanent residence. Travel to a state with which Russia does not have an international agreement on pension provision for citizens.
• The end of the validity period of permits for the right of residence of a foreigner in the Russian Federation.
• Failure to appear at the Pension Fund of an elderly person for whom other people receive money by proxy or who lives outside of Russia.

Insurance by age

The recipient may voluntarily refuse the assigned pension payments. To do this, he submits an application to the Pension Fund employees, where he indicates the reason for this decision. This may be a desire to continue working, to accumulate pension points. Payment stops on the 1st day of the month following the period in which the application is received and registered.

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By disability

Citizens who are entitled to payments of this type are entered into a single automated system database. The computer keeps records and tracks the dates of the next medical and social examination (MSE). Passing it is mandatory to obtain or confirm an existing disability group.

Based on the ITU’s conclusion, the issue of further payments is decided.

They are terminated if a person fails to appear at the ITU. If there is a good reason not to undergo the examination, it must be confirmed with documentation, for example, a sick leave certificate. When the inspection certificate has expired, payment automatically stops on the 1st of the next month. In order not to stop paying the pension, the person who is entitled to it needs a new act confirming the diagnosis and group.

In case of loss of a breadwinner

Children who have not reached the age of majority or have benefits stipulated by law are entitled to this type of payment. If a teenager undergoes full-time education at an institution with a state license (university, technical school, college or college), payments are made until graduation.

The justification that confirms the right to retain status and financial security is a certificate from an educational institution. It must be provided to employees of the local Pension Fund branch before the date when the teenager turns 18 years old.

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Terms of suspension of pension payments

There are the following periods for suspension of pension payments:

• 6 months – the pensioner has not received funds for six months.
• 3 months – the citizen did not appear for re-examination.
• 6 months – suspension of a survivor’s pension when the recipient cannot provide evidence of full-time study.
• 6 months – expiration of residence permit.

During the specified period, the citizen will be able to provide all the documents necessary to restore his pension to the Pension Fund, and the funds for the previous months will be returned to him in full.

Termination of pension payments in 2020

Please note that after the death of a pensioner (recognized as missing or deceased), relatives or legal representatives do not have the right to receive pension payments from the deceased citizen . In this case, the pension stops accruing without the right to renewal. The only exception is a funded pension, the amount of which is in the pensioner’s personal accounts in a non-state pension fund. After the death of a pensioner, the funded pension is inherited according to the will, or in the absence of one - according to the law (to relatives of the first degree of kinship).

Guarantee of protection of unjustified termination and suspension of pensions

The Pension Fund cannot terminate or suspend pension payments on illegal grounds or due to speculation.

To avoid creating erroneous situations, his powers include:

1. Keeping strict records of pensioners whose payments have been suspended or terminated.
2. Assistance to citizens in the full restoration of previously suspended payments, regardless of the reason.
3. Advance notification of the citizen about the need to re-submit documents to receive payments, as well as sending out notifications about the suspension or termination of the pension.
4. A detailed clarification of the reasons for the pensioner’s non-receipt of payments for six months.
5. Interaction with government agencies in order to carry out medical examination as quickly as possible and provide documents for receiving a pension.

Thus, before suspending or terminating a pension, PF employees are required to conduct a small check of the information received for accuracy.

Suspension, termination and resumption of pension payments

Payment of social old-age pension to persons who have reached the age of 70 and 65 years (men and women, respectively), as well as citizens from among the indigenous peoples of the North, is suspended for the period of their paid work.

• from the day from which the old-age insurance pension was established, assigned before reaching the age provided for in Article 8 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”;
• from the 1st day of the month following the month in which the pensioner reached the age for an old-age insurance pension, if he has 15 years of insurance experience and an individual pension coefficient of at least 30;
• from the 1st day of the month following the month in which the pensioner reached the age for the assignment of a social old-age pension, provided for in subparagraph 5 of paragraph 1 of Article 11 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” .

Procedure for suspension and termination of pensions

The suspension and termination of a pension occurs according to the following algorithm:

• The Pension Fund receives information about the occurrence of a situation requiring a temporary suspension of payments or their complete termination.
• The information received is studied in detail and checked for accuracy.
• Authorized PF employees decide to suspend or terminate payments.
• The order is prepared within one working day.
• The accrual of pensions is suspended and its payment is terminated.

As mentioned above, the initiator of termination (suspension) of a pension can be any government organization, the Pension Fund itself or the relatives of the pensioner. In the event that payments are terminated due to non-receipt within six months, the absence of the pensioner’s signature on the documents confirming the delivery of funds serves as evidence.

Suspension, resumption, termination, restoration of pension payments

If, during re-examination, a different disability group is established, then the payment of the disability insurance pension and the fixed payment to the disability insurance pension is resumed for the specified time according to the previous disability group.

When restoring the payment of an old-age insurance pension, the payment of which was stopped due to refusal to receive it, or when assigning the specified pension, the sum of individual pension coefficients and coefficients for other periods counted in the insurance period that occurred before the appointment of the insurance pension for the first time is taken into account again. periods after the appointment of an insurance pension for the first time, for which payment of the specified pension or other pension or monthly lifelong maintenance provided for by the legislation of the Russian Federation (with the exception of citizens entitled to simultaneously receive various pensions in accordance with the legislation of the Russian Federation) was not carried out, but not earlier than from January 1, 2020.

Terms of suspension and termination of pension payments

The accrual of pension payments stops immediately after the discovery of a fact that speaks in favor of their suspension. However, payments will be completely abolished on the first day of the month following the reporting month. This means that a citizen can receive funds for the previous month, but not in full.

Example. Citizen Simonenko receives a survivor's pension. He turns 18 on January 20, 2020. Simonenko plans to get a job and study part-time, so extending payments until age 23 is impossible. In the month of February, the citizen will receive the last payment for 20 days of January.

Thus, when canceling payments, a citizen should not hope that he will receive money for a full calendar month. Only a portion of the funds will be given to him. In the event that an overpayment occurs, it is possible that the funds will need to be returned to the PF accounts. After the death of a pensioner, his last pension is received by close relatives. To do this, they must write an application and provide the necessary package of documents.

The procedure for terminating the payment of insurance pensions

established Art.
25 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”. Death of a pensioner or in the event of his being declared dead in accordance with the procedure established by the legislation of the Russian Federation or being declared missing

• The payment of the insurance pension ceases from the 1st day of the month following the month in which the death of the pensioner occurred or the court decision to declare him dead or to recognize him as missing came into legal force.

If the relevant court decision indicates the date of declaring the citizen dead or recognizing him as missing,

• the termination period for payment of the insurance pension is determined based on the specified date

Expiration of 6 months from the date of suspension of payment of the insurance pension

• payment of the insurance pension stops on the 1st day of the month following the month in which the specified period expired.

Exception: if the payment of the pension was suspended as a result of the failure of a pensioner - a foreign citizen or a stateless person to provide a residence permit,

• then the payment stops on the 1st day of the month in which the 6-month suspension period expires.

Loss by a pensioner of the right to an insurance pension assigned to him (detection of circumstances or documents refuting the accuracy of the information presented in confirmation of the right to the specified pension, expiration of the period for recognizing a person as disabled, acquisition of working capacity by a person receiving a survivor's pension, entry to work (resumption of other activities subject to inclusion in the insurance period) of persons provided for in clause 2, part 2, article 10 of the Federal Law “On Insurance Pensions” No. 400-FZ, and in other cases provided for by the legislation of the Russian Federation),

• payment of the insurance pension stops on the 1st day of the month following the month in which the specified circumstances or documents were discovered.

Refusal of a pensioner to receive an assigned insurance pension

• payment of the pension stops on the 1st day of the month following the month in which the pension provider received the corresponding application from the pensioner.

The following special grounds for terminating the payment of a disability pension have been retained:

in connection with the emergence of the right to an old-age insurance pension (including early) or to a social old-age pension (subclause 5, clause 1, article 11 of the Federal Law of December 15, 2001 No. 166-FZ “On state pension provision in Russian Federation")

• pension payment ceases from the 1st day of the month in which the pensioner reaches the appropriate retirement age, or from the date of establishment of an early old-age insurance pension.

Payment of the insurance pension is restored:

1) in case of cancellation of a court decision recognizing a pensioner as dead or recognizing a pensioner as missing

• from the 1st day of the month following the month in which the relevant decision came into force;

2) at the request of the pensioner in the event of the occurrence of new circumstances or proper confirmation of previous circumstances giving the right to establish an insurance pension, if no more than 10 years have passed since the date of termination of payment of the pension,

• from the 1st day of the month following the month in which the body providing pensions received an application for restoration of pension payment and all necessary documents, the obligation to submit which is assigned to the applicant;

3) when a pensioner submits an application for restoration of payment of an insurance pension after refusing to receive it

• from the 1st day of the month following the month in which the body providing pension provision received the corresponding application from the pensioner.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

PENSION REFORM IN RUSSIA

Restoration of pension payments

The restoration of the pension occurs after all the factors that led to its termination have been eliminated. At the same time, the citizen must be paid funds for all previous months. For this purpose, their recipient must contact the Pension Fund with an application and a complete package of documents.

It includes:

1. Passport of a citizen of the Russian Federation.
2. SNILS.
3. Certificate from educational institution.
4. ITU Conclusion.

The list of documents varies depending on the individual situation. If payments are made to a disabled child, it is necessary to provide the passport of his official representative (parent, guardian), the conclusion of the commission, SNILS of the minor and his birth certificate. Extension of a survivor's pension will require proof of full-time study. They can be a certificate from the educational institution and a copy of the contract. If payments were suspended due to untimely completion of the ITU, they are fully restored after a new conclusion is provided.

Payments can also be restored if:

• Cancellation of a court order declaring a pensioner missing or dead. Unfortunately, such situations do happen. After their occurrence, the pensioner has the right to demand payment of all funds due to him by law.
• The pensioner submits an application for payments, after they are canceled at his personal request. In rare situations, citizens refuse pension payments. This gives small privileges in the future, when calculating a pension at a later period. Payments can be restored at any time. However, funds for previous periods, in this case, are not returned.

After restoration, payments are subject to recalculation. This is due to the fact that during their suspension, new pension laws could be introduced or annual indexation carried out. If after recalculation the amount of payments turns out to be less than it was before they were suspended, it will be paid in the same amount.

Resumption of payments

In order to restore disability payments, citizens must contact the Pension Fund with an application. This must be done after the reasons for suspending disability payments have been eliminated, after which the pension will begin to accrue from the 1st day of the next month after the citizen’s application.

If a disabled person missed the time for re-examination for reasons beyond his control that were recognized as valid, then after passing the examination, payments to him are resumed from the day on which the citizen was again recognized as disabled. Moreover, if the ITU has changed the disability group, then the pension amount must be recalculated by Pension Fund employees in accordance with the new information. However, payment of the insurance pension and its fixed part is resumed for the specified period according to the previous disability group. If the reason was found to be unjustified, then after passing the commission, the pension is paid from the date of re-examination.

Example: Soboleva N.P. I was in the hospital and was waiting for re-examination at the local medical examination center, which was scheduled for February 1, 2020. Citizen Soboleva did not have time to complete the examination on time due to reasons beyond her control. The re-examination was completed in May 2020. An extract from the act was transferred to the PFR department on May 16, according to it, citizen Soboleva was assigned disability group II instead of III from May 16 to February 1, 2020. At the same time, the reason for missing re-examination for the period from February 1 to May 15, 2020 was recognized as valid. Thus, the Pension Fund of the Russian Federation resumed payments for the insured person from May 16, 2017 for Group II disabilities, and for the entire period missed for good reason, the citizen was paid the amount of pensions for Group III disability

All applications for restoration of disability insurance pension accruals are considered by the Pension Fund within 5 days. After this, the Pension Fund informs the applicant about its decision. If renewal is refused, the fund department must notify the insured person no later than 5 working days after the negative decision is made, indicating the reasons for this and returning the submitted package of documents. A citizen has the right to appeal the decision to the highest body of the Pension Fund or the court within a specified period.