A citizen has the right to determine in advance the legal successors of his pension savings and the shares in which these funds will be distributed among them in the event of his death. To determine the successors, you must submit an application to the Pension Fund of the Russian Federation (or to the NPF, if pension savings are formed in it) and indicate your successors and the shares in which the savings will be distributed between them.

The legal successors of pension savings may be the persons indicated in the application of the citizen. In the application, you can also determine in what shares these funds will be distributed between them.

If there is no such statement, then relatives are considered successors:

• first of all, children, including adopted children, spouse and parents (adoptive parents);
• secondly brothers, sisters, grandfathers and grandchildren.

The payment of pension savings to relatives of the same stage is carried out in equal shares. Assignees of the second stage are entitled to receive pension savings if there are no relatives of the first stage.

Pension savings funds can be paid to legal successors if the death of a citizen has occurred:

• BEFORE appointment payments to him at the expense of pension savings or before recalculating its amount, taking into account additional pension savings (with the exception of maternity (family) capital funds aimed at forming a future pension);
• AFTER appointment him an urgent pension payment. In this case, the successors are entitled to receive the unpaid balance of pension savings (with the exception of maternity (family) capital funds used to form a future pension);
• AFTER assigned but not yet paid him a one-time payment of pension savings. It can be received by family members of a deceased pensioner (subject to cohabitation with him), as well as his disabled dependents (regardless of whether they lived together with the deceased or not) within 4 months from the date of death of a citizen. If these persons are absent, the amount of the lump-sum payment is included in the composition of the inheritance and is inherited on a general basis.

If the payment of a funded pension (indefinitely) was established for a citizen, in the event of his death, the funds of pension savings are not paid to the successors.

The procedure for the payment of pension savings to legal successors

In order to receive the funds of the pension savings of a deceased citizen, the successors must, no later than 6 months from the date of his death, personally, by mail or through a representative, apply to the Pension Fund of the Russian Federation or the NPF.

ATTENTION! If you missed the specified period, it can be restored only in court.

It is necessary to present documents confirming family relations and documents of personal storage. The list of required documents is determined by the Rules for the payment of pension savings, approved by Government Decrees Russian Federation dated July 30, 2014 No. 710 and No. 711.

The payment of pension savings to the legal successors of the deceased insured person is carried out no later than the 20th day of the month following the month in which the decision on payment was made. The decision on payment is made within the seventh month from the date of death of the citizen. A copy of the decision to pay (refuse to pay) the FIU sends to the successor no later than 5 working days after the decision is made.

Retirement savings available:

• through the post office
• by transferring funds to the bank account/bank accounts of assignees

The country is in full swing debate about raising the retirement age. However, the President made it clear that this will not happen in the near future, because the demographic situation in Russia is such that the average death rate is below the retirement age. At least for the male population. Meanwhile, pension funds are accumulating money in the accounts of depositors. And where does the pension go after the death of a person? And how to get the pension savings of a deceased relative?

The fate of the funded part of the pension of a deceased person is decided in accordance with several laws.

There are three of them, and each regulates individual cases:

Laws that determine what happens to the pension savings of the deceased

• the lost pension of the deceased pensioner is paid to relatives in accordance with the Law “On Labor Pensions”;
• if a person did not live up to retirement, and his savings are stored in the PFR (Pension Fund of Russia), the rules apply Government Decrees No. 711;
• if the person who did not live up to retirement has invested pension funds in an NPF (non-state pension fund), the rules apply Government Resolution No. 710.

You must apply for money no later than six months from the date of death of a relative Otherwise, the missed deadline will have to be restored in court.

Is a pension paid after the death of a pensioner?

When a pensioner dies, two types of pension are accumulated in his pension account:

• current (accrued but not paid);
• accumulated.

A pension not received by the day of death may be paid to the relatives of the deceased who lived with him at the time of death. This money is not included in the burial allowance or in the inheritance. Both one relative and several relatives can apply for such a payment, in which case the pension will be divided equally among all applicants.

To make a payment, need to contact branch of the FIU place of residence of the deceased with a package of documents:

• Your passport;
• certificate of residence (as proof of cohabitation);
• a notarized copy of the death certificate;
• documents confirming kinship (marriage certificate, birth certificate).

At the branch you will write an application, and in a maximum of a month you will receive money.

The accumulated pension is already an inheritance and will receive her heirs on the basis of a notarial certificate. When applying for an inheritance, do not forget to include the pension capital in the inventory of the inheritance!

The savings of those who did not live to see their pension

Until 2007, the payment of pension savings was not regulated by law and the capital of depositors was not paid to heirs. Currently, legislation on the issue of pension payments is firmly entrenched in the regulatory framework, and the latest changes were made in February 2015.

There are two Government Decrees (710 and 711), according to the rules of which the accumulated pensions are paid to relatives outside the framework of the inheritance case. Both Resolutions have the same task: to clarify who is entitled to receive the accumulated pension and on the basis of what documents.

The only difference is that the 711th Decree concerns the work of the FIU, and the 710th - the NPF.

So, if the deceased kept his savings in the FIU or in the NPF, but did not live up to retirement, according to the rules of the Decrees, his successors claim his savings:

• upon application;
• in law.

It is clear that the first category is the people indicated in the statement of the deceased. A declaration is the will of any person to designate the recipient of his pension investment in the event of death before his pension is awarded. And the recipient can be any person, not even a relative, regardless of place of residence.

Clients of the Pension Fund probably do not know about such statements, but meanwhile you have the right to go to the Pension Fund right now and declare the recipient of your pension!
If the deceased was a client of an NPF, he could indicate the successor in the contract, and not in a separate statement.

Legal successors are the queues of relatives who are entitled to payments of the unused pension of the deceased. First of all, the spouses, children and parents of the contributor can apply for payment, and then, if there are none, in turn, in accordance with the law of inheritance.

All the accumulated amount is divided equally among all assignees, who declared themselves to the pension fund within six months from the date of death of a relative .

To assign a payment, you need to contact any branch of the PFR (if the deceased is his client), or to the NPF, of which the deceased was a contributor. The application will need to be accompanied by:

• successor's passport;
• a document confirming the relationship with the deceased (in case of succession by law);
• death certificate;
• SNILS of the deceased or his number.

You can send documents and applications by mail, then the original documents do not need to be sent, you need to make copies and notarize.

Within a month from the date of acceptance of the application, the employees of the fund are required to make a decision on the application, and by the 20th day of the next month, the successors will receive their shares.

Is it possible to take over my husband's pension after his death?

It is not uncommon for a husband and wife to have different pensions. And the difference is significant! Is it possible to take my husband's pension after his death?

The Law "On Labor Pensions" in Article 9 explains that if the wife at the time of her husband's death was already receiving an old-age or disability pension, she has the right to receive a survivor's pension, refusing hers.

But the size of such a pension will not at all be equal to the amount that the spouse received!

The formula for calculating a pension is complex and depends on many individual characteristics.. The best option making a decision on the transfer of a pension, a visit to the PFR department can be considered, where a specialist will raise the pension file of the deceased and yours, and make a calculation. Subsequently, your pension will increase by a certain factor.

But do not forget that you, as the legal successor, have the right to receive the pension investments of the deceased. And you already know how to get the pension savings of a deceased relative.

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

Briefly about pension

The accumulative component of the pension 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 accumulative program;
4. deductions from the place of work.

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

But for citizens who were born after 1967, only independent formation this type of pension. 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 pension savings of a deceased relative

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

Paragraph 1183 of the Civil Code expressly states that the pension savings of the deceased can be received in the same way as a number of other payments due to him. Moreover, the right to possess 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 pension benefits not issued this month due to the death of a pensioner (if he has already received life benefits), then his relatives are also entitled to accruals due for a specific period of time. However, other savings in this case are no longer taken into account.

To begin with, it is worth clarifying that any owner of a savings pension account has the right to determine in advance the list of recipients of funds in the event of his death. To do this, you should send a written order to the FIU or NPF (depending on where the account is based), which specifies in detail to whom and in what shares the available funds should be transferred. At the same time, not only relatives, but also friends, neighbors, colleagues or other persons at the request of the owner of the funds can act as heirs.

If such an expression of will takes place, then the accumulations 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 above 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 lose material support in full.

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

• the parents, spouses or children of the deceased person (including those adopted) speak;
• 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, successors of the 2nd stage can be called only if no request has been received from 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 before the age of 23, if they receive full-time education at the university.

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 account holder.

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

1. If the dare came before the day of entry into retirement age or after its achievement, but until the moment of realization of the right to pension payments. 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 declared dead before the pension is recalculated to include additional savings.
3. If a citizen left the world after the appointment of a lump-sum pension payment, but on the condition that it has not yet been paid to him.

And also, if the date of death is fixed after the assignment to the deceased of an urgent pension payment laid down for a specific period. In this case, the relatives are entitled to receive the unpaid balance.

A request for the transfer of the funded part of the pension or its balance should be submitted to the FIU. Moreover, if funds are required to be received from the 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 the NPF, supported by a package of documents. The following documents are usually required:

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

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

But with a positive outcome of the case, the successor can count on the transfer of payments to his own bank account, but only 6 months after the death of the owner of the pension. To be more precise, another 30 days after the end of the six-month period given to the pension fund for the transfer of funds should be taken into account.

Timing

You should apply to the FIU 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 for this you will need to apply to the judicial authorities. At the same time, the reasons why the law was violated must be extremely valid.

In addition, there is a statute of limitations, which is 3 years, as in most of these 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 rights will be successful.

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

If the deceased relative has already received benefits on an indefinite basis, then his relatives can only rely on the amount that was due for issue in the month of his death. This moment is regulated 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 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 among them.

To receive a pension for a deceased relative, you will also need to submit an application to the FIU yourself, because employees of the state structure will not automatically transfer funds. The request must be made within 6 months of the fixed date of death of the relative.

The rest of the funded part of the pension is transferred to the primary successors of its owner by inheritance, but only if the accruals were not issued on an indefinite basis and the person has never received a monthly payment. The funds should be applied for within a strictly established period (6 months from the date of death of the owner of the 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 court.

Short answer: do not wait for a letter from the pension fund, write an application yourself.

long answer.

In the event of the death of a person participating in the funded pension insurance program (that is, born in 1967 and later and - in some cases - earlier), the next of kin (or other people in a separate case - see below) are entitled to receive the funded part of his pensions. This part can be managed both by the state management company in the Pension Fund of the Russian Federation, and by a non-state pension fund, there is no difference, the right to receive money still remains. The key condition: at the time of death, a person should not be assigned a labor pension, that is, he should not enter the retirement age. Given that the vast majority of funded pension holders are now 47 years old or younger, this condition will most likely be met. Money is paid at a time, you just need to correctly carry out the procedure for receiving.

Who can receive the funded pension remaining after death? There are two fundamental different cases. If the deceased person previously left a statement in his pension fund on the distribution of savings after death, then the persons indicated in the statement will receive the money. It can be anyone, not just relatives. If there is no such application in the fund, the money is distributed among the next of kin in equal shares. In the first place - children (including adopted), parents (including adoptive) and spouses. If there are no relatives in this category, then in the second place, payments will go to brothers and sisters, grandfathers, grandmothers and grandchildren.

What to do to get savings? An obligatory part of the procedure is the submission of an application to any branch of the FIU (closest to the applicant) or to the branch of the NPF, if the deceased kept money there. If you do not know where to apply, apply to the nearest branch of the state pension fund, where, if anything, they will tell you where to go next.

Note: application is required even if the fund knows about the death of the insured. The payment is not an "automatic" action, the fund must have a basis for this payment, that is, the application of those who wish. Another point is connected with this: perhaps the relatives of the “second stage” should also apply - if not a single relative of the “first stage” does this, then the right to receive money will pass to brothers, sisters, grandfathers, grandmothers and grandchildren, even if presence of children, parents or spouse of the deceased. Those who have not submitted an application will receive nothing, and those who have applied will receive the entire amount due to the successors.

In principle, the territorial body of the PFR, upon receiving information about the death of the insured person, must itself send messages to the legal successors about the possibility of receiving funds. But you don’t have to wait: if you think that you have the right to receive money, go to the territorial office of the FIU, fill out an application and submit certified copies of your documents. In general, this is an identity card, confirmation of family ties with the deceased (marriage certificate, birth certificate indicating parents, etc.), death certificate and confirmation of the pension insurance number of the deceased (his pension card or document of the territorial fund indicating the number of the individual personal account). In more complex cases (adoption, guardianship, action by proxy, etc.), additional documents will be required, find out their list in the FIU.

In addition to the personal data of the assignee, the application indicates the method of payment of money (through the post office or to a bank account) and a list of relatives of the deceased known to the applicant - this will help the pension fund quickly determine the circle of assignees.

An application with additional documents must be submitted within 6 months after the death of the insured person. Later - it is also possible, but only by a court decision, which confirms that the applicant could not, for objective reasons, submit such an application (he was away or did not know about the death, etc.) and restore this period.

Within five days after receiving the documents, the territorial body of the PFR considers the application and makes one of the following decisions:

Returns documents to the applicant if something was done wrong (and explains what exactly);
- returns the documents to the applicant if it turns out that the deceased kept the money in a non-state fund, and informs which NPF to apply to;
- sends the application to the FIU body in which the deceased was “listed”;
- accepts an application for work if the applicant and the deceased lived within the boundaries of the same FIU body.

In the event of a return due to the existence of an agreement between the insured and a non-state pension fund, the successors will have to apply with the same set of documents to this NPF.

Next, you will have to wait until the end of the period of 6 months after death, so that all potential successors have time to submit their applications. Then, no later than the last business day of the month in which this period ended, the FIU finally determines the list of those entitled to receive the payment, the amount of the payment and the shares in which it is distributed, and sends the decision to the future recipients. Finally, no later than the 20th day of the month following the month in which the decision was made, the money is paid out.

If, after the payment has already been made, another successor applies to the Pension Fund with a court decision to restore the term of circulation, this will not affect those who received the money: payments to him will be made from the reserve of the pension fund.

Please note: everything said above has nothing to do with the money of maternity capital contributed to the funded part of the pension, there are their own rules.

PS If you have questions about personal finance, investments and banking, ask in the comments. I will try to answer them as detailed and clear as possible.

The funded part of the pension is savings generated from deductions from the place of work, voluntary contributions, maternity capital funds.

Persons born before 1967 could decide before 2015 how their pension will be formed: whether all the employer's contributions will go to the formation of insurance payments, or a certain part will be invested monthly to replenish the savings account to increase pension payments in the future.

For those born after 1967, this type of pension can only be formed at the expense of personal contributions or maternity capital.

REFERENCE! Unlike labor pension, these accruals are increased by investing in securities and stocks, which is carried out by a fund chosen by a person.

Learn more about what is funded part pensions and what is needed to receive payments, you can.

The money accrued for the entire period of the agreement on the funded part can be transferred by the relatives of the account holder (for details on who will receive the funded part of the pension of the deceased and what are the conditions for payments, see). What does the law say about this?

• According to Art. 1183 of the Civil Code of the Russian Federation, unpaid amounts as a result of death (salaries, pensions, benefits, etc., provided to a person as a means of subsistence, can be inherited by family members (read more about the features of inheritance of the funded part of the pension of the deceased).

  1183 article of the Civil Code of the Russian Federation. Inheritance of unpaid amounts provided to a citizen as a means of subsistence

  • The right to receive amounts due to the testator, but not received by him during his lifetime for any reason wages and equivalent payments, pensions, scholarships, social insurance benefits, compensation for harm caused to life or health, alimony and other sums of money provided to a citizen as a means of subsistence belongs to the members of his family who lived together with the deceased, as well as to his disabled dependents, regardless of whether they lived together with the deceased or did not live.
  • Claims for the payment of amounts on the basis of paragraph 1 of this article must be presented to obligated persons within four months from the date of opening the inheritance.
  • In the absence of persons who, on the basis of paragraph 1 of this article, have the right to receive amounts not paid to the testator, or if these persons do not present claims for the payment of the said amounts within the established period, the corresponding amounts shall be included in the composition of the inheritance and inherited on the general basis established by this Code.
• In accordance with Art. 2 of the Federal Law No. 360, there are several options for paying the funded part. In addition to the one-time, fixed-term and life-long pensions that are provided for the owner of this pension, the law also establishes the payment to the owner's successors.

The pension of the deceased may be received by other persons if:

1. during his lifetime, the account holder applied for lump sum payment, but in fact did not receive it;
2. he has not reached retirement age;
3. an urgent payment was made - in this case, the heirs will receive the remainder (as a person?).

The rules and procedure for payments are described in Government Decree No. 711 of July 30, 2014. According to the law, the funded part can be transferred to successors on two grounds:

• in law;
• by application.

If the owner of accruals left in pension fund who keeps his savings, a statement on the distribution of his funds to specific persons, then these citizens will inherit the money.

In the absence of an application, the money is inherited in order of priority. The first line includes:

1. parents;
2. spouses (we talked about when and how to receive the funded part of the pension after the death of her husband);
3. children.

To the second:

1. brothers;
2. sisters;
3. grandmothers;
4. grandfathers;
5. grandchildren.

What will happen to funded part if the deceased did not have legal successors? In this case, the accumulated funds will be considered escheated property and, in accordance with Art. 1151 of the Civil Code of the Russian Federation, will become the property of the state. In ch. 4 of PP No. 711 specifies that in the absence of a deceased relative or in case of renunciation of the inheritance, the money is transferred to the reserve of the compulsory insurance fund.

How much money is being reimbursed?

The amount that successors can receive depends on whether the account holder applied for an urgent payment during his lifetime or not. If not applied, then the relatives will receive the entire amount that is stored in the account. If the urgent payment was made, then they will be able to return only the unspent part.

How to find out about the finances of the deceased?

In order to receive funds to successors, first of all, you need to find out where the funded pension of the deceased relative is stored.

PP No. 711, Chapter 1, Clause 9 states that a fund that has received notice of the death of the owner of the pension must take measures to notify the successors for further processing of inheritance funds. The institution must send a registered letter to relatives within 10 days. It is from this letter that you can get all the information about the name of the fund and the amount of payments.

However, institutions do not always inform the heirs, which creates many problems in finding information about where the money is kept.

If the account holder did not conclude an agreement with the Non-State Pension Fund, then its accumulative part remained in the Pension Fund of Russia. To find out the amount on the account, you need to apply with the documents of the deceased to the FIU at the place of residence. You will need to take your passport, SNILS of the deceased, death certificate with you. Based on these documents, the fund employee will provide the information of interest.

In addition to the PFR, the funded pension may be in a non-state fund. Until 2015, accrual owners could transfer their funds to NPFs no more than once a year. How to find out in which fund the money is kept? The first thing you can do is look for an agreement with the NPF in the documents of the deceased.

If it was not possible to find it, you need to contact the FIU with a request to provide information about the transfer by the account holder of the funded part to another fund.

Timing

Assignees need to apply to the fund within six months from the date of death of a relative. Funds will be paid no earlier than 7 months from the date of death. If one of the heirs has submitted an application to the fund for payment, then the funds are frozen until 6 months have passed or more heirs appear. After 6 months, funds are distributed among all applicants within 30 days.

REFERENCE! If the 6-month deadline for filing an application has been missed, then the heir can restore it on the basis of Article 12 of the Federal Law 424. The recovery procedure is carried out only through the court.

The documents

A number of papers are attached to the application:

• applicant's passport;
• documents confirming family ties with the owner of the pension (certificate of marriage, birth, etc.);
• death certificate (at the request of the successor);
• insurance certificate of the owner of the pension.

If the inheritance occurs on the basis of a statement written during the life of the owner of the funds, then you will need to take an identity document with you.

Consideration order

Within 5 days, the fund carries out work on the consideration and registration of the application:

1. checks information and documents;
2. checks information about pension accruals and the ability to withdraw them;
3. in the absence of certain papers, returns the application to the heir;
4. if all requirements and conditions are met, registers the application and issues a receipt to the assignee on acceptance of documents.

Within 6 months, the fund accepts applications from heirs, determines the amount of the funded part, determines the shares. After six months, the funds are transferred to the accounts of the applicants.

The funds of the funded part after death are transferred to the heirs of the deceased in a single amount. The account is then closed.

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