According to statistics, 40% of men and 10% of women do not live to retire.

If the deceased had pension savings, then they can be paid to the successors.

Let us explain that there are savings in women born in 1957 and younger, men born in 1953 and younger.

When is paid

Pension savings can be paid to successors if the death of a citizen occurs:

• before assigning him a payment at the expense of pension savings or before recalculating its amount, taking into account additional pension savings (except for maternity (family) capital funds aimed at forming a future pension);
• after the appointment of an urgent pension payment to him. In this case, the successors have the right to receive the unpaid balance of pension savings (with the exception of maternity (family) capital funds aimed at forming a future pension);
• after a lump sum payment of pension savings has been assigned but not yet paid to him. It can be received by family members of a deceased pensioner (subject to living together with him), as well as his disabled dependents (regardless of whether they lived with the deceased or not) within 4 months from the date of death of the citizen. If the indicated persons are absent, the amount lump sum included in the inheritance and inherited on a general basis.

If the citizen has been set to pay a funded pension (indefinitely), in the event of his death, the funds of pension savings are not paid to the successors.

A different procedure applies to funds generated through the payment of additional insurance premiums within the framework of the State Pension Co-financing Program, as well as maternity (family) capital funds: funds are paid to legal successors, regardless of whether the payment was established to the insured person. And if a citizen has already received part of his pension savings in the form of payments provided for by law before his death, the remaining amount can still be transferred to legal successors.

Who is paid

A citizen has the right to determine in advance the legal successors of his pension savings and in what shares these funds will be distributed among them in the event of his death.

If during his lifetime a person did not submit an application for an order to the territorial bodies of the PFR, in which he identified specific successors, then the funds are paid to successors according to the law of the first priority, which include the children, parents, spouse of the deceased.

If there are none or they refuse to pay, then the successors of the second order - brothers, sisters, grandfathers, grandmothers, grandchildren - can apply for the payment.

Pension savings distributed among the legal successors in equal shares.

The legal successors of maternity (family) capital funds included in the urgent pension benefit are the spouse (father or adoptive parent) and children.

Where and when to contact

If the legal successor does not know where the pension savings of their owner were formed, then this information can be obtained from the territorial body of the PFR. Having received the necessary information, a citizen must submit an application to the Pension Fund, if the funds are located there, or to the appropriate NPF, if they were transferred by their owner.

You must apply to the fund within six months after the death of the insured person.

If the term is missed, it can be restored in judicial procedure, and then also apply for payment either to the Pension Fund or to the NPF.

What documents are needed

The assignee fills out an application, along with which they submit:

• the passport;
• documents confirming kinship with the deceased insured person;
• death certificate of the insured person;
• insurance certificate of OPS (SNILS) of the deceased insured person.

If the legal successor is a minor, an application for the payment of pension savings is submitted by a legal representative (parent, guardian, trustee), a document confirming the powers of the legal representative of the minor is attached to the application

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After the death of a citizen, many people know what needs to be done in order to inherit his property. However, not everyone knows that along with movable and immovable inheritance, it is possible to formalize the inheritance of the funded part of the deceased's pension.

Obtaining rights to this type of inheritance is quite simple, but you should know certain nuances that are spelled out in the law of the Russian Federation for 2019.

In this article, you will learn in detail:

• What kind of pension can be inherited?
• Who can claim the right to a deceased person's pension?
• What needs to be done to receive the accumulated funds?
• What are the deadlines for the payment of the deceased's pension?

What pension can be formalized as an inheritance?

There are three types of pensions:

1. Personal funds deposited into a pension account with the Pension Fund of the Russian Federation.
2. The accumulated money in the labor pension account.
3. The mandatory amount of pension funds that a citizen did not receive in the event of a premature death.

Inheritance of unreceived pension

A person can be eligible for retirement benefit, which is characterized by cash, for various reasons:

• Age criterion.
• Work experience.
• Disability group.
• The death of the breadwinner.
• Social payments.

The payment of each pension cash assistance is stopped when certain circumstances occur that have a legal basis:

1. Death of the person for whom the pension was issued.
2. Recognition of performance and.
3. Changing the type of pension.

Most often, a notary is approached with a question about drawing up a lost pension and establishing the fact of acceptance of the inheritance.

To resolve this issue, it is necessary to refer to the article "On labor pensions in the Russian Federation", which was published on December 17, 2001 in Federal Law No. 173-FZ. It describes in detail how to receive pension accruals after the death of a retired citizen.

Article 23 states that the calculated funds of the labor pension in the current month, as well as the amount of money that was calculated and not paid in connection with the death of the citizen-pensioner, is not inherited property. This means that they can be paid only to persons of the first priority who have timely submitted an application for receiving unpaid funds. According to Federal Law No. 173-FZ, article 9, paragraph 2, after death, an inherited pension can be issued by close relatives who lived with the pensioner until his death. An application for reissuing funds from a retirement account must be submitted within six months after the death of a pensioner relative.

If the notary department receives several applications from relatives who have a legal basis for receiving the unpaid amount of labor pension funds, then the entire amount is divided equally between the heirs.

Who is eligible for inheritance

V Federal law in article 9, paragraph 2, a list of persons who have the right to apply for the unpaid pension amount:

• A minor child, brother or sister, or the grandson of a deceased pensioner.
• Close relatives who are educated at a hospital in various institutions, which were dependent on the pensioner, were the food of the louse. Their age must be no more than 23 years old.
• Disabled close relatives of a minor of his age who lived with the pensioner and were on his support. These include family members with a disability group or relatives who do not have able-bodied parents.
• Relatives-guardians of the Coons. This category includes close relatives who are caring for the child of a deceased pensioner under the age of 14 years. In accordance with sub. 1, paragraph 2, article 9 of the Federal Law of the Russian Federation labor pension are received by guardians who do not have a job.
• Spouse (wife) or father (mother) who have achieved retirement age(60 years old and 55 years old, respectively). This category citizens can receive payment if they are disabled or have a disability group.
• The parents of the father or mother who lived on the support of the deceased pensioner. The main criteria are age: 55 years and 60 years, respectively, a group of disability, incapacity for work, absence of citizens who are responsible for providing these persons under the law of the Russian Federation.

On 03/01/2002, Article 3 came into force in the Civil Code of the Russian Federation, which resolves issues related to the receipt of property, including the inheritance of the deceased's pension.

In the Civil Code of the Russian Federation, article 1183 states that the right to inherit the assigned funds to a pensioner belongs to close relatives who cohabited with a citizen-pensioner. Disabled persons who were supported by a citizen-pensioner, regardless of their place of residence, can also receive the amount of pensions.

It is important to remember that it is necessary to declare the right to receive the unpaid pension of a deceased citizen within four months after the day of his death.

If there is no opportunity to receive funds, and the documents for the payment of the accrued pension by the above persons are not provided in a timely manner, the amount of money can be included in the inheritance, which is inherited by law.

Inheritance of accumulated labor pension funds

Since 2002, there are three ways to accumulate money for a retirement account:

• Basic account.
• Insurance account.
• Cumulative.

You should know that the pension is inherited, which is added to the savings account.

After pension changes in the law, since 2002, the accumulation of pensions is carried out by transferring a certain amount of money from the place of work to an insurance and savings account.

Funds that are transferred to funded part pensions are in the Non-State Pension Fund (NPF) or in the Pension Fund of the Russian Federation (PFRF).

The funds that are in the accumulation account with the Pension Fund of the Russian Federation can be inherited if the person who has the insurance did not receive them before his death.

Heirs of the funded pension of the deceased

The funded part of the pension can be inherited by:

• According to the application... In the application, which is in the Pension Fund, the owner of the funded pension can indicate the heirs who are entitled to receive funds.
• In law. The heirs of the first stage have the full right to formalize the receipt of the funded pension of the deceased. If there are no direct heirs by law, then such an advantage is transferred to the heirs of the second priority.

The heirs may not know that the insured person has left them the right to receive the savings funds. In this regard, after the death of the hereditary citizen, the Pension Fund must inform the heirs of the possibility of paying the unreceived money.

However, if there is no such statement, then the heirs must independently apply to the Pension Department with a request to inherit the deceased's pension.

The heirs of the first order by law receive an equivalent part of the accumulated funds. If there are no such relatives, then the heirs of the second stage receive the funded pension from a specially created personal account of the inheritor.

Terms of receiving funded pension

An application for a funded pension after the death of the inheritor must be submitted to the Pension Department within six months after the opening of the inheritance case... Such an application is drawn up in accordance with the standard form that will be provided to the Pension Fund of the Russian Federation. After the expiration of six months, the issuance of the accumulated funds on the pension account will be issued.

If the heir fails to submit an application on time, he can initiate the procedure for obtaining funds in court. To do this, you will need to calculate the ratio of legal costs and the amount of money that you will receive in the end from the savings account.

Video: On inheriting pension savings

The unreceived pension of a deceased pensioner is considered part of the inherited mass in the event that the person, before the moment of death, has not yet had time to exercise the right to transfer this type of social benefit. If we are talking about the unpaid, but already accrued in the current month, the amount of pension savings, the relatives of the deceased also have the right to receive funds. Moreover, despite the obvious differences, both options require the submission of a corresponding request to the FIU from each interested person. In the automatic mode, the transfer of unpaid pension accruals is not performed.

Briefly about retirement

The accumulative component of the retirement benefit includes the amount of savings formed through the following cash contributions:

1. voluntary contribution of personal funds;
2. maternity capital (for the female part of the population);
3. income from investments, if the citizen's funds are used in any savings program;
4. deductions from the place of employment.

And here it should be clarified that the last option is relevant only for persons born before 1967. Such citizens were endowed with the right to choose, valid until 2015 and making it possible to decide exactly where the deductions from the employer will go - to insurance payments or partially to a savings account.

But for citizens born after 1967, only the independent formation of this type of pension is available. In other words, a person can use the finances of the personal budget or other means, for example, maternity capital.

Is it possible to count on the retirement savings of a deceased relative

The funds stored in the accumulative retirement account of a deceased citizen are often of interest to his successors, but not all of them are aware of whether it is possible to claim the unpaid money at all. In fact, this is not only permissible, but also legally fixed.

Paragraph 1183 of the Civil Code explicitly states that it is possible to receive the pension savings of the deceased in the same way as a number of other payments due to him. Moreover, the right to possession of the amounts belonging to the deceased is transferred to relatives on the basis of succession. In other words, by inheritance.

If we are talking about the amount of retirement benefit not issued in the current month due to the death of a pensioner (if he has already received life benefits), then his relatives also have the right to accruals due for a specific period of time. However, the rest of the savings in this case are no longer taken into account.

To begin with, it is worth clarifying that any owner of an accumulative retirement account has the right to determine in advance the list of recipients of funds in the event of his death. To do this, a written order should be sent to the Pension Fund of the Russian Federation or NPF (depending on where the account is based), in which it is necessary to specify in detail to whom and in what shares the available funds should be transferred. In this case, not only relatives can act as heirs, but also friends, neighbors, colleagues or other persons at the request of the owner of the funds.

If such an expression of will takes place, then the savings are transferred in accordance with the wishes of the deceased. In the absence of a previously drawn up application, the procedure for inheriting the amount is regulated by law. And first of all, relatives who lived with the deceased, as well as persons who are dependent on him, can apply for funds. Moreover, in the latter case, the right of absolute inheritance will be recognized only on the condition that with the death of the owner of pension savings, his dependent will be deprived of material support in full.

As for the sequence of succession, according to the law, it is as follows:

• are the parents, spouses or children of the deceased person (including adopted children);
• heirs of the 2nd category - brothers, sisters, grandfathers and grandmothers.

Do not forget that within the same queue, the payment of funds is carried out strictly in equal shares. Moreover, the successors of the 2nd stage can be called up only if the request has not been received from the relatives of the first category.

If the funded part includes maternity capital, then the right to receive this amount is vested with:

1. the father or adoptive parent of the child, in connection with the appearance of which the certificate was issued;
2. in the absence of a father - children who have not reached the age of majority or until the onset of 23 years old, if such are educated at the university at the full-time department.

If there are no such applicants, the funds maternity capital transferred to the Pension Fund.

Inheritance conditions

The right to the funded part of the pension can be transferred only if a number of conditions are met. In particular, here we are talking about the date of death of the holder of the account.

Relatives can receive the deceased's pension in the following cases:

1. If you dare come before the day of entering the retirement age or after reaching it, but before the moment the right to pension payments is realized. In other words, if a citizen has never received a pension, his relatives can claim the accumulated amount after his death.
2. If a person is recognized as deceased before the pension is recalculated to include additional savings.
3. If a citizen left the world after a lump-sum pension payment was assigned to him, but on condition that it had not yet been paid to him.

And also, if the date of death is fixed after the appointment of an urgent pension payment to the deceased, due for a specific period. In this case, the relatives have the right to receive the unpaid balance of funds.

A request to transfer the funded part of the pension or its balance should be submitted to the FIU. Moreover, if funds are required to be received from a Non-State Fund, the procedure will be similar to the standard one.

The procedure consists in submitting an application to the FIU (the form is issued on the spot) or to the NPF, supported by a package of documentation. The following papers are usually required:

• the passport;
• documentation indicating the fact of relationship with the deceased;
• a certificate fixing the date of death of the owner of the funded pension;
• SNILS of a deceased citizen;
• details of the account in the financial institution, where the money will subsequently be transferred.

If a minor is the successor, all issues are dealt with by his legal representative - parent, guardian. Moreover, the latter is obliged to confirm such powers with appropriate papers.

The submitted request is considered by the relevant commission, while the final decision is made only after checking the documents and the reality of family ties. In case of refusal to transfer funds, the applicant shall be notified with the appropriate notification.

But with a positive outcome of the case, the successor can count on transferring the payment to his own bank account, but only 6 months after the death of the owner of the pension. More specifically, you should take into account another 30 days after the end of the six-month period provided to the pension fund for the transfer of funds.

The timing

You should apply to the Pension Fund or NPF strictly within 6 months from the official date of death of the owner of tangible assets. If the regulated period is missed, it is allowed to restore your rights, but this will require you to contact the judicial authorities. Moreover, the reasons why the law was violated must be extremely valid.

In addition, there is a statute of limitations here, which is 3 years, as in most similar cases. But it should be understood that after such a rather long period, it will be quite difficult to return the funds. In any case, the issue will require consideration in court and it is not a fact that the attempt to restore the rights will be successful.

The nuances of receiving a pension unpaid in the month of death of a relative

If a deceased relative has already received benefits on an indefinite basis, then his relatives can only count on the amount that was due to be issued in the month of his death. This point is governed by paragraph 23 of federal legal act No. 173, paragraph 3.

The underpaid pension of a deceased person is due to the following persons (FZ-173, paragraph 9, paragraph 2), who are closely related to him:

1. children;
2. spouses;
3. parents;
4. brother, sister, grandparents.

In this case, the main condition is considered to be the joint residence of the applicant and the deceased on the day of the death of the latter. If there are several applicants, the unpaid amount will be divided equally between them.

To receive a pension for a deceased relative, you will also need to independently submit an application to the Pension Fund of the Russian Federation, because in the automatic mode, employees of the state structure will not transfer funds. The request will need to be made within 6 months from the fixed date of death of the relative.

The remainder of the funded part of the pension is transferred to the primary successors of its owner by right of inheritance, but only if the accruals have not been drawn up on an indefinite basis and the person has never received a monthly payment. You should apply for the funds due within a strictly established period (6 months from the date of death of the owner of savings), because after its expiration, tangible assets are transferred to the disposal of the state or non-state pension fund of the Russian Federation and it will be possible to obtain the return of rights only through the courts.

Not all people have the funded part of their pension. Between 2002 and 2004, it developed in women born in 1957 or later, as well as in men born later than 1953. Since 2005, the funded part of the pension has been available to all participants in the compulsory pension insurance system born after 1967.

Find out if there is funded pension from a deceased person, it is possible by contacting the heir to the bodies of the FIU. The cumulative part of the pension contributions of a deceased person belongs to the category of material rights subject to inheritance in the manner prescribed by law. It only requires compliance with a number of conditions.

One of them is that at the time of death, another person who has retired into the world should not receive a retirement pension... Also, funds are due to successors in the event that an urgent payment is assigned and there is an unreceived part of the funds on the account. About in what cases it is possible to receive the funded part of the pension of a deceased husband or relative, it is written in.

You can also count on receiving money in the event of an appointment, but non-payment of a lump sum.

In the event of the death of a person of retirement age, the funds accumulated in his retirement account are not lost - they can be used by his successors. The procedure for inheriting the funded part of a deceased pensioner's pension does not differ from the generally accepted rules. To determine the due amount of money, you can use the PFR website or the State Services portal. A preliminary calculation of the amount by the methods indicated above will allow you to understand in advance. what amount of payment should be expected.

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The lost pension of a deceased pensioner can be inherited by his relatives. But for this they need to fulfill a number of conditions, comply with all deadlines and act consistently, as required by law.

The topic concerning the balance of the accumulated pension of the deceased is rather difficult and serious. This issue will be difficult to resolve without legal knowledge. After all, you will have to study in detail all the subtleties of the case and clarify the presence of pitfalls.

If you need to become the heir of the deceased relative's pension savings placed on his personal account, then this problem should be solved by collecting all the necessary papers and clarifying the location of the funds. Let's take a closer look at this issue.

How to become the owner of the accumulated part of the inherited pension?

At present, every Russian of working age has an individual account in which the funds necessary for the payment of a pension in the future are deposited. The money can be kept both in the Pension Fund of the Russian Federation and in the NPF. All savings are divided into two parts: insurance and savings. The last part is formed by depositing funds from the employer or the citizen himself. Everything is carried out in accordance with the current in Russia program of co-financing of pension savings.

Today only citizens have pension savings:

1. born no earlier than 1967;
2. those who took part in the co-financing of savings;
3. who took advantage of the maternity certificate in order to increase future payments.

In 90% of cases, the deceased person already has formed pension savings. That is why you can receive a pension for a deceased relative according to the law, but only if he was included in the mandatory pension insurance program (OPS).

Conditions for inheriting a pension from the funded part

As mentioned above, the relatives of a deceased citizen born in 1967 and later have every right to receive his pension savings. But this is possible only when certain conditions are met, namely:

• Until death, the insured person under the OPS program did not receive a pension. This is important, since the person falling under this condition must be no older than 1967.
• For the preparation of pension payments, it is necessary to comply with all the formalities related to the current legislation.
• To receive savings from the FIU after the death of a relative, you need to collect a package of relevant documentation.

Who can inherit the pension for the deceased?

A deceased person's pension can be inherited by will if it was drawn up by the deceased at the time of death. This point is usually necessarily indicated in the document, since notaries are asked to mention who will inherit pension savings.

If you are the only heir to your relative, then it will not be difficult for you to receive a pension after his death. But, if, besides you, there are other heirs, then the savings will be distributed:

1. Between the heirs of the first order, which include the children of the deceased, his spouse and parents. The pension will be divided between them into equal parts.
2. Between the inherited persons of the second order, which include grandparents, brothers and sisters, grandchildren. They have the right to receive the pension savings of the deceased if he has no other close relatives.

If the relatives have agreed with each other, then they have the right to transfer the entire amount of the deceased's pension, for example, to only one of them. The rest of the heirs will need to write a refusal to receive a pension, and transfer it to the FIU.

How can heirs receive the funded part of a deceased relative's pension?

The heir to the savings of a deceased relative in the FIU can be:

• According to a statement kept by the Pension Fund of the Russian Federation or NPF, where the account holder clearly indicated a list of all successors who can receive all the money in case of his death.
• According to the law, that is, the inheritance of savings on the PF account takes place according to the sequence of kinship.

Where should you go to register the funded part of your inherited pension?

Before going to inherit the accumulated pension, it is important to clarify in which organization it is stored. If you suddenly find an agreement concluded between the deceased and a non-state PF, then this will simplify your task. But if you do not find any papers, then to search for the personal accounts of the deceased, you will need to contact the central office of the PF RF. To do this, you will need to fill out an application in which you indicate all the information in detail.

The application submitted to the employees of the Pension Fund of the Russian Federation is the basis for the transfer of pension savings. However, the fund employees cannot carry out the operation automatically, even if they know about the client's death. This, first of all, may be due to disagreements between the heirs.

The funded part of the deceased's pension will be divided into equal shares between all the heirs of the corresponding queue who will apply.

Where can you get the pension savings of a deceased relative?

The collection of the deceased's savings is carried out at the FIU at the place of registration. To complete them, you will need to fill out an application form according to the presented sample, as well as collect a number of important documents, not forgetting to make their photocopies.

What documents are needed?

To receive pension payments from the funded part of the deceased, you must submit the following securities to the Pension Fund of the Russian Federation:

1. the passport;
2. documentation proving your relationship with the deceased;
3. SNILS of the deceased;
4. details from the bank where your personal accounts are opened. This is required to transfer money.

Deadline for receiving pension savings of a deceased relative

All of the above documents must be submitted to the FIU in as soon as possible, since according to the law there are restrictions on the time of their registration. If you are the heir and did not manage to submit all documents together with the application within 6 months after the date of death of your relative, then you can receive savings only through the court. But for this you must have serious, valid reasons why you did not show up on time to receive your savings as an inheritance.

You will need to prove this in court. There is no statute of limitations according to the pension legislation. This means that you will be able to file a claim in court to restore the terms of payment both 5 and 10 years after the death of the person insured in the OPS.

The court will consider all the nuances of the case, study the documents provided, establish the relationship and reasons for missing the deadline.

If the judge considers that you missed the opportunity to receive payments within 6 months from the date of your relative's death for a good reason, then he will make a positive decision accordingly. Thanks to this, you will be able to receive funds in the Pension Fund of the Russian Federation on a general basis.

Actions of specialists of the Pension Fund of the Russian Federation and terms of receipt of savings

Within 5 days from the date of acceptance of the application for consideration, the employees of the PF RF must give an answer about your further actions. If your application with all copies of the necessary papers has received a positive outcome of the case, then it will be sent to employees who will start the process of transferring funds to your bank account. If the Pension Fund of the Russian Federation refused you, then the application will contain notes on what else needs to be done in order to receive a pension for the deceased.

Immediately after the registration of the first application from one of the heirs, the PFR specialists block the funds in the individual account of the deceased citizen. This is necessary so that other successors can apply for savings. By law, the maximum period for freezing an account is 6 months. Heirs who did not manage to submit an application to the fund during this time have the right to send a claim to the court.

The FIU will notify you of its decision by a notification sent by mail to Russia.

How to get the savings of a deceased relative from the NPF?

In order to receive all the pension savings of a deceased relative from a non-state fund, you will need to send the corresponding completed application to the NPF with which the deceased entered into an agreement. That is, to the fund at the place of formation of the funded part. Usually, within 2 months from the date of termination of the agreement, the NPF sends a notification document about the possibility of receiving funds from the deceased by his relatives.