Some time ago, while I was helping a client restore the deadline for applying for payment of the funded part of a deceased relative’s pension, I was faced with the fact that many people do not know about this possibility, and if they do know, they have no idea how it can be realized. Let's figure it out.

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What are pension savings: who has them and what do they consist of?

Citizen's pension Russian Federation consists of two parts - insurance and savings. The funded part of the pension is calculated based on the amount of pension savings accounted for in a special part of the individual personal account of the insured person or in a pension account funded pension the insured person, as of the day the funded pension was assigned (Article 3 of the Federal Law “On Funded Pension”).

When we talk about pension savings, we mean the funded part of the pension. It is formed from received insurance contributions to finance the funded pension, as well as the result of their investment, additional insurance contributions to the funded pension, employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings, as well as the result of their investment and funds (part of the funds) of maternal (family) capital aimed at forming a funded pension, as well as the result of their investment (Article 3 of the Federal Law “On Funded Pension”).

You have the right to payment of the funded part of the pension of a deceased relative

The funds recorded in the savings account of a deceased person can actually be received by you, provided that the funded pension has not yet been assigned to him.

The funded part of the pension is not included in the general estate, which means that it cannot be indicated in the will, and such payment must be applied for not 6 months after the death of the insured person, as in the case of an inheritance, but within 6 months. That is, if you apply for payment of the funded part of your pension after 6 months, you will receive a refusal - the deadline will be missed, and it can only be restored through the court.

The insured person, in an agreement with the pension fund, can independently determine who will be his legal successor in the event of death. If there are no such instructions, then the general procedure for receiving payments will apply in the following order: first of all: to children, including adopted children, spouse and parents (adoptive parents); secondly - to brothers, sisters, grandparents and grandchildren (clause 7 of article 7 of the Federal Law “On funded pensions” dated December 28, 2013 No. 424-FZ). Also, a person can not only indicate legal successors in the agreement with the fund, but also write a statement on the distribution of pension savings, which will indicate which of the legal successors in what amount his share will be paid.

Important point: minor or disabled children, disabled spouse and parents of a deceased person have the right to a share in the inherited funded pension, regardless of whether they are included in the contract as legal successors or not.

When the pension fund receives information about the death of the insured person, it must, within two months, notify the persons specified in the contract as legal successors of the opportunity to receive the appropriate funds. Unfortunately, in practice there are many cases where pension funds do not know about the existence of minor children or disabled parents of the deceased, because he did not indicate this in the contract, and, therefore, cannot notify them. Despite this, these persons retain the right to receive their share and they have the right to apply for payment within 6 months from the date of death of the insured person.

A missed deadline can only be restored by a court. Even if the pension fund does not mind paying you the due funds, it will not be able to resolve this issue on its own.

I found out that my relatives received all the money from the savings account. Will I get nothing now?

If you are a successor of the second stage (brothers, sisters, grandparents, grandchildren), and the funded part of the pension was received by a successor of the first stage, then in this case you are deprived of the right to payment - you can receive it only if there are no successors of the first stage (p 8 Article 9 Federal Law “On Funded Pension”).

If you or your minor child are a first-degree successor and were not indicated in the contract, but learned that other relatives of the deceased person (parents, children) received payment under a funded pension, you still have the right to claim your share. Typically, such payments are made by funds from reserves. The share will be paid in the amount that you or your minor child would have been entitled to if the fund had known about your entitlement from the very beginning, regardless of the amount of payment that other relatives received.

Example: In an agreement with the foundation, a person indicated only his father as his legal successor, without mentioning his minor child from his first marriage, who lives with his mother. The amount of the funded part was 140,000 rubles. The father of the deceased, as the only legal successor specified in the contract, received the entire amount. In this case, the minor child retains his right to part of the payment, regardless of whether he was indicated as a legal successor or not. In this case, the fund will make a payment from reserves in the amount of 50% of 140,000, that is, 70,000 rubles. If there are more legal successors, the amounts of payments will change in proportion to their number.

The funded part of the pension and maternity capital: the nuances of receiving payment

One of the ways to form the funded part of a pension is to use maternity capital (Clause 3, Article 7 of the Federal Law “On Additional Measures” state support families with children” dated December 29, 2006 No. 256-FZ). It should be noted that when a decision is made to pay the funded part of the deceased person’s pension to the legal successors, such payment does not include funds generated from maternity capital.

Who can receive these funds?

• The father (or adoptive parent) of the child in connection with whose birth was received maternal capital;
• Minor child(children), or an adult child (children) studying full-time in an organization providing educational activities(except for additional education) until the completion of such training, but no longer than until he reaches the age of 23 years.

How to find out where the funded part of the pension is and its size?

To obtain such information, you need to contact one of the branches of the Pension Fund of the Russian Federation with documents confirming the death of the insured person and your relationship with him. You will be given information about the status of your individual personal account. If pension savings are kept in one of the non-state pension funds, you will be informed which one.

You can obtain information about the state of your pension savings not only by contacting Pension Fund, but also using the State Services website.

How do the courts view the situation?

Formally, in order to restore a missed deadline, there must be valid reasons for such absence. However, the legislation does not contain a list of reasons that can be considered valid, and the court decides this issue in each specific case, taking into account all the circumstances. Thus, courts, as a rule, restore the missed deadline when the legal successors are minor children or disabled parents of a deceased person (decision of the Meshchansky District Court of Moscow dated December 28, 2018 in case No. 2-9167/2018).

As a rule, the courts in such cases recognize as valid reasons the applicant’s health status (it is recommended to confirm it with certificates, extracts from the outpatient card, the conclusion of a medical commission), the psychotraumatic situation in which the applicant found himself after the death of a close relative (decision of the Pervomaisky District Court of Novosibirsk dated 09.02. 2017 in case No. 2-294/2017; decision of the Oktyabrsky District Court dated May 16, 2017 in case No. 2-2519/2017).

Inheritance of the funded part of a pension is a rare case when the principle “ignorance of the law is no excuse from responsibility” is practically not applied. That is, courts very often recognize a person’s ignorance of the existence of such a right or the procedure for its implementation as a valid reason for missing a deadline (decision of the Berezovsky City Court of the Kemerovo Region dated May 30, 2013 in case No. 2-294/2017). The courts also take into account the fact that the applicant has already accepted the inheritance and actually took possession of the property of the deceased person (decision of the Oktyabrsky District Court of Samara dated October 20, 2015 in case No. 2-5524/2015).

What documents must be submitted to the fund to pay the funded part of the pension?

To pay the funded part of the pension, you need to provide the following package of documents (clause 10 of the Rules for the payment by a non-state pension fund that carries out compulsory pension insurance to the legal successors of deceased insured persons of pension savings accounted for in funded pension accounts):

• application for payment of pension savings;
• documents proving your identity, age and place of residence;
• if the legal successor is a minor, then documents proving the identity and authority of the representative (for example, your passport and the child’s birth certificate);
• documents confirming your relationship (or the relationship of a minor legal successor) with the deceased - marriage certificate, birth certificate, adoption certificate, other documents;
• a notarized power of attorney to submit an application for payment of pension savings (not required for legal representatives (parents);
• if you restored the deadline for applying for payment of pension savings - a court decision;
• if available - death certificate of the insured person;
• insurance certificate of compulsory pension insurance (SNILS) of the deceased person, or a document from the Pension Fund in which this number will be indicated);
• if you are the mother of a minor legal successor and changed your last name due to a new marriage, and your new last name does not match the last name of your child, you will need documents confirming the change of last name.

You can submit documents in person or send them in another way. In the second case, copies of documents should be certified by a notary, or, if you are abroad, with the help of consular offices of the Russian Federation; If some of your documents are in another language, they need to be translated into Russian.

Results:

• The funded part of the pension cannot be bequeathed or inherited. It is not included in the inheritance mass and the law provides for a special procedure for receiving such a payment.
• The period for applying for payment of the funded part of the pension is 6 months. After six months, you will have to go to court to restore the missed period.
• Since the funded part of the pension is not included in the inheritance estate, you can apply for payment regardless of whether you accepted the inheritance or not.
• In order to find out where the funded part of the deceased’s pension is located, contact the Pension Fund of the Russian Federation with a request to provide information about the status of the individual personal account.

Many citizens of the Russian Federation ask the same question - if a relative dies retirement age, is it possible to receive the funded part of his pension or not?

In what cases is this possible? How to apply? What documents need to be prepared? What to do if PF employees wrongfully refused to receive a payment?

Let's consider all the questions in more detail.

Is this procedure possible?

If an insured citizen of the Russian Federation passed away before the payments were assigned to him, or while in retirement he continued to work and made all the necessary contributions - heirs have full rights claim these payments in order of priority, as when inheriting other property.

If a person voluntarily decides to receive payments on an indefinite basis, payments will not be made.

If the citizen stated that savings part He intends to receive pension payments over a certain period; the heirs have the right to formalize the receipt of exclusively the residual amount of savings that the deceased pensioner has not yet received.

Who is the heir

The issue of transferring the rights to use pension savings is discussed in more detail in paragraph 12 of Article No. 9 of Federal Law No. 173 of December 2001.

This law describes in great detail the rules for spending the financial capital of the funded portion of citizens after their death. Moreover, only a limited number of persons may have such a right.

The issue of these payments is discussed in detail in Federal law № 173 , in particular in articles 12 and 16.

Based on these regulatory documents, we can say with confidence that right to receive This payment belongs to the heirs of the 1st and 2nd stages.

Heirs 1st stage:

• spouse of the deceased person;
• children or parents (whether adopted or biological).

Co. second stage heirs include:

• brothers;
• sisters and other relatives.

In addition, it is worth remembering one nuance: there are several categories of citizens who have a guaranteed right receiving this payment.

These include citizens who were at one time dependent from a deceased pensioner for one or more years. But there are also conditions here that are important to always remember. Moreover, heirs must know about them.

There are situations when a person, although he has a guaranteed right to receive the funded part of the pension, will not be able to receive it. The main reason for this is the recognition of the fact of an unworthy heir. However, such a decision can only be made during a court hearing.

Factors that may influence to make this kind of court decision are:

• recognition of the fact of any illegal action against the testator. For example, attempted murder or possible intentional harm to health;
• lack of evidence of fulfillment of one’s duties directly in relation to the testator. This could be non-payment of child support.

In addition, there may be other important grounds for refusal to receive the funded part of the pension payment. For example, if several relatives are entitled to receive this payment, it will go to both of them in equal shares.

If there are no controversial situations, then there is no need to appeal to a judicial authority.

In addition, according to the laws of the Russian Federation, citizens have every right to draw up will, which can help in deciding who is entitled to receive pension payments after death. A will can also be challenged during a court hearing, however, if everything is done by legal means, then the court’s decision will definitely be on the side who is entitled to the given document. sum of money.

Registration procedure

Currently, the entire procedure for applying for and receiving the funded part of pension provision is regulated Decree of the Government of the Russian Federation No. 471 dated November 2011.

Algorithm is as follows:

1. Collection of the necessary list of documents.
2. Contacting the authorized body.
3. Submission of documents.
4. Waiting for a decision to be made.
5. Receiving payment.

Where to contact?

Applicants for this payment will need to apply to the territorial department of the Pension Fund to the office.

Submit documents you can do this in the following ways:

• by personal contact;
• with the help of a trusted person;
• postal delivery. In this case, it will be necessary to send by registered mail with an inventory.

Application deadlines

According to the laws of the Russian Federation, you can receive the funded part of pension provision within the first 6 months from the moment its owner passed away.

When is it paid?

After a positive decision has been made to provide the pension savings of the deceased, payment made no later than the 15th the next month after the required package of documents was submitted.

When to make a decision on extradition or refusal

After submitting the required package of documents, the decision is made by the Pension Fund employees within 5 calendar days.

Grounds for refusal

Key factors that can negatively affect a positive decision are considered to be:

• the package of documents was not provided in full;
• errors when drawing up an application;
• lack of grounds for receiving.

How to make an application

When drawing up an application, you must remember that the presence of any typos or blots in it is unacceptable. If this is the case, the refusal can be received instantly.

The application is drawn up in the prescribed form, which must contain such intelligence:

Nuances

The entire process of receiving pension savings is carried out on the basis of Government Decree No. 471 of November 2011. It is this document that describes in most detail all the nuances of registration and receipt. The law applies both public and private funds.

Among the nuances, one can highlight the fact that PF employees may require the provision of an additional list of documentation, which is not prescribed in the laws of the Russian Federation.

If this is the case, you can immediately write a complaint to law enforcement agencies or contact a judicial authority, since such a requirement is illegal and is subject to criminal or administrative liability.

List of required documents

To receive the funded part of a deceased person’s pension, it is necessary to prepare a package such as documentation:

As you can see, the registration process itself is quite simple and does not take much time. It is enough just to adhere to the described algorithm of actions and comply with the deadlines established by law. If there is a violation on the part of PF employees, you must immediately contact law enforcement agencies.

For information on the rules for inheriting the pension savings of a deceased spouse, see the following video:

Are relatives allowed to receive pension savings after death? loved one: whether the accumulated amount is an inheritance, how it is inherited by relatives, to whom the funds remain if the legal successors do not apply for payment, the registration procedure, where to apply and in what time frame, the necessary documentation.

Are relatives allowed to receive pension savings after the death of a loved one?

Everyone is familiar with the procedure of inheriting the property of a deceased person. The inheritance estate can include a variety of objects - real estate, a car, paintings and more.

Also, among other inherited belongings, one can note the funded part of the pension. However, citizens, due to ignorance and the absence of a testamentary disposition, simply do not use the prerogative assigned to them and do not apply for payment.

Is the funded part of the deceased’s pension an inheritance?

Since 2002 pension provision in Russia includes three components:

• basic;
• insurance;
• cumulative.

Only a third of them are allowed to inherit, and then only if a number of the following conditions are met:

1. The deceased individual was a participant in compulsory pension insurance and his account was replenished.
2. The death of the testator occurred before the pension payments were issued.
3. If the deceased has reached retirement age, but did not apply for payments and never received them.

Thus, the key point is to receive a pension for the deceased at least once. If this happens, then the legal successors will not be able to receive the accumulated portion.

Succession of pension savings after the death of father or mother

Inheritance of property, including pension savings, is carried out in two legal ways:

• in accordance with the last will of the person;
• within the law.

In the absence of a testamentary order, the transfer of property preferences is carried out according to law. In this case, the legal successors are exclusively close relatives of the deceased. Among the priority heirs are children.

Recipients of the inheritance are obliged to independently submit an application to the Pension Fund for receipt of payment. No employee is required to notify potential assignees of the availability of the opportunity to receive.

So, after the death of their father or mother, children have the right to apply to an authorized institution and enter into an inheritance. All accumulated funds will be distributed among applicants in equal shares. Moreover, it should be mentioned that both the natural children of the deceased and those adopted by him have equal opportunities.

An interesting situation arises with the participation of maternity capital funds in the mother’s savings. The following have the prerogative to receive:

1. The children's father, who survived his wife. He is considered the primary and prevailing subject.
2. If there is no father, then children who have not reached the age of majority or who have already celebrated their 18th birthday but are studying on a full-time basis are allowed to use the funds.

Registration of inheritance for labor pension

If the person who has left the world has never received a pension, then relatives have the preference to receive the accumulated funds in a personal pension account.

For registration, applicants should contact the nearest Pension Fund branch, write a statement indicating your desire, attach the established package of documents to it.

Where do pension savings go after a person dies?

The fate of the pension savings of a person who has passed on to another world is determined by several factors:

• if an individual began to use pension benefits during his lifetime, then the balance of the funds stored in his account after his death will remain at the disposal of the Pension Fund or a non-state fund. That is, the heirs in this case will not receive anything and have no right to claim;
• compliance with delivery deadlines. If the application deadlines are met, the payment will be received by the legal successors. If there are no valid reasons for restoring the registration period, then the accumulative part will remain in the assets of the fund.

How is payment inherited to legal successors?

When inheriting by will, fund employees initially notify individuals of the existence of such a preference. Further, the procedure becomes the same in both testamentary disposition and inheritance by law.

Persons who have a preference for receiving financial assets apply to the authorized institution within six months after the death of the account owner. A list of documents is attached to the application.

How to bequeath the funded part of a pension

If you want to dispose of the accumulated funds in the Pension Fund, then it is better to formalize the order at the branch itself. The owner visits the institution and, in an agreement or a separate statement, indicates the persons who have the right, after his death, to claim receipt, as well as the distribution of shares or without it.

First line of kinship, inheritance of spouse

In the absence of a will, they are involved in inheritance according to the law. There is a certain order of receipt. So, the first-line successors include:

• children of the deceased;
• spouse (in a registered marriage);
• parents or adoptive parents.

The listed persons inherit in the prevailing order. If there are no representatives of this queue, then the second queue inherits and so on.

Redistribution of funds within one queue occurs in equal parts.

The surviving spouse has the exclusive right to inherit the funded portion formed from maternal capital funds. And only in his absence do the children have the right to take the money. And if it turns out that there are neither one nor the other, then the funds are returned to the Pension Fund.

After the death of the father, who is paid?

If the father left an order, then only the individuals recorded in it will receive it.

If no instructions are given, then payments will be made according to the law within the framework of priority. The children, spouse and parents of the deceased head of the family have a privileged position.

Distant relatives

Current legislation states that the prerogative of registering and receiving the accumulated funds of the deceased belongs exclusively to the heirs of the first and second priority:

• children;
• spouse;
• parents;
• brothers and sisters of the deceased;
• grandparents and grandchildren.

Mandatory share in the inheritance for a disabled person

A disabled individual has the right to claim a compulsory share of the pension savings of the deceased if:

1. He was completely dependent on the deceased until his death.
2. The parents or grandparents of the deceased are pensioners or persons unable to work for whom no one else can provide.
3. Minor children, brothers and sisters, grandchildren who have become disabled. Also if, according to the law, there is no one to provide them. For example, upon the death of a grandfather, a disabled grandson who has parents does not have the right to claim a compulsory share.

Receiving an inheritance by law and by will - differences

The table illustrates the existing differences in the forms of receiving inheritance:

Who is entitled to the accumulative payment of the insured person's funds?

According to the law, only the closest relatives of the deceased person, as well as disabled individuals who are fully supported by him, have the right to inherit. Distant relatives do not have the prerogative of inheritance. If there is an order, then all the persons recorded in it.

Returning the pension savings of the deceased - is this an inheritance?

It is possible to receive the pension savings of the deceased using the standard inheritance procedure. That is, any return of funds to legitimate applicants will be considered succession, since the same time period is determined for the appeal as for inheritance, and the circle of recipients is also limited.

How can heirs receive pension savings for a deceased relative?

With any form of succession, applicants will have to carry out all their actions through the Pension Fund. Initially, an expression of will to receive is carried out, paper support is supported, employees check the information provided and a decision is made to assign payments or refuse them.

How to find out the amount of inheritance after the death of a relative

The amount of accumulated funds after death can be determined in several ways:

1. Online on the websites of government services and the Pension Fund. To do this, registration and the SNILS number of the deceased citizen are required.
2. When contacting the fund in person. You need to have with you an identity card, a relative’s insurance certificate, and a document allowing you to apply for such information.
3. If the deceased participates in the savings of a non-state fund from Sberbank, all the information of interest can be found through an ATM or the official domain, by personally visiting the office.

The necessary conditions

The account acts as a hereditary estate in the event that there are transfers to it during life and the owner has never received a pension. Disabled persons, former dependents, as well as close relatives of the individual have the right to apply for payments. Any persons specified in the last expression of the individual’s will have the right to receive funds.

How exactly and where is it paid?

The application submitted by applicants is subject to consideration within six months. In a non-governmental institution, the procedure is faster, from 20 to 40 days. If a positive decision is made, funds are transferred in two ways:

• to the specified bank account. All information is provided by the heir himself when writing the application;
• by post. If the applicant does not have an account or has not indicated one, then the funds are transferred by mail. Payment for the transfer is made by the recipient.

Documents for receiving the funded part of the deceased’s pension

The application will be accepted if the following paper support is provided:

1. Certificate of death of an individual (if the applicant is a relative).
2. Confirmation of relationship (document on marriage, birth, adoption).
3. SNILS of the deceased.
4. Personal account details for transfer.

For a non-relative indicated in the agreement by the testator, only an application for consent to receive funds and information about a bank account for deductions will be required.

Payment deadline and receipt of money

It is necessary to apply to the fund within a specified period, no later than 6 months from the date of death of the individual. Write an application and attach documents.

Employees will also check the provided data within six months and transfer funds to the applicant’s specified personal account or send by mail. You can receive finance upon presentation of your passport.

Drawing up a statement after the death of a husband or father

There is no specifically established strict application form. You can fill it out yourself and send it to the Pension Fund or write it to the department using the sample. However, there are points that should be reflected in the appeal:

• personal information of the applicant;
• relation degree;
• details of the deceased, date of death;
• information about the dependents of the deceased person;
• information about the applicant’s income, including benefits and pension;
• a list of documents attached to the petition.

How much does it cost to register an inheritance with a notary?

The total cost of registration consists of:

1. Payment of state fees (for performing notarial acts and the price of the certificate form).
2. 0.3% of the total value of the resulting inheritance for close relatives, for all others - 0.6%.

On average, the price reaches 20 thousand rubles.

How can you challenge a will and get your money back?

You can challenge a will in judicial procedure and then the money from the funded part of the pension will be returned to the legitimate applicant. However, to challenge it, you will need to prove one of the grounds for the invalidity of the testamentary disposition:

• incorrect content of the document;
• the order was drawn up in a state of insanity;
• the presence of senile dementia in the testator;
• other factors.

Withdrawing money from the deceased's account for a funeral by inheritance

In Russia, support measures are provided upon the death of a relative, namely a social benefit for burial. It is paid to the Pension Fund upon the application of loved ones of the deceased. Payment is made immediately, on the day of application, based on the death certificate. It is allowed to receive money no later than 6 months after the death of the pensioner.

To apply you must provide:

1. Identification.
2. Appeal.
3. Certificate of death.
4. Confirmation of the fact that the pensioner was unemployed on the day of death.

How to receive the insurance part of the insured person’s pension after death - is it inherited?

According to current legislation, only the funded part of the pension is subject to inheritance. No other components can be obtained.

It is allowed to apply for a savings account only if a number of factors are present, one of the key ones being the non-receipt of any pension payments to the deceased.

The nuances of receiving a pension that was not paid in the month of death of a relative

Death can overtake a person at any time. It often happens that a pensioner does not have time to receive his pension in the current month. If the recipient dies, then his close relatives have the right to receive for him upon application to the Pension Fund.

If the pension was paid to a card at Sberbank, then it makes no sense to contact the Pension Fund. The account has already been created, and this means that the pension has been paid. Then the amount is included in the inheritance estate.

Many people mistakenly believe that they have the right to claim a pension in two months. But that's not true. Payment is made for one last month.

The funded part of the pension can act as an inheritance both by testamentary disposition and by law. The will in this case is not entirely standard and is drawn up in an agreement with the foundation or indicated in a separate application at the authorized institution itself.

It is possible to take advantage of the prerogative if the deceased has never received a pension payment during his lifetime, was born before 1967, and generally had contributions and funds in his account.

Useful video

When a pensioner dies, citizens who are his successors have the right to receive the savings remaining from the deceased. It does not matter on the basis of which Fund the funded pension is formed (PFR or NPF), the right to receive financial resources remains unchanged. Let's consider what it is and how to receive the funded part of the pension of a deceased relative or other person.

Is the funded part of the deceased’s pension an inheritance?

A funded pension is one of the elements of compulsory pension insurance, formed through deductions from a citizen’s earnings.

Pension savings include:

1. Cash contributions paid by employers for each employee.
2. Funds transferred by users independently, or monetary resources transferred to the fund by the state as part of co-financing.
3. Investment profit if the user's funds take part in one of the savings programs.
4. Maternity capital, if the recipient decides to transfer it to form the funded share of the pension.

The legislator established that in a situation where the insured person died before the moment when he was assigned payments of pension savings, or while in retirement he continued to make labor activity, paying all contributions, then his heirs have every right to claim the indicated payments as part of the inheritance procedure. Therefore, savings may well be an inheritance.

Everything is regulated in accordance with clause 12 of article 9 of Federal Law-173. The rules for spending pension savings after the death of a husband or other relative are described in detail here. In addition, it is noted that only certain groups of successors will have the right to inherit accumulated funds.

Succession of pension savings

If the deceased kept his savings in the Pension Fund or Non-State Pension Fund, but did not live to see retirement, according to current standards legislative framework his funds will be transferred to:

• Persons identified in the application submitted to the Pension Fund or Non-State Pension Fund during the citizen’s lifetime;
• For users who are heirs by law.

Legal successors are a line of relatives claiming the material assets of the deceased. Initially, first-degree relatives, namely the husband (wife), parents and children, apply for savings. If the deceased does not have relatives of the 1st stage, then the right of inheritance passes to the subsequent stages.

Note that there are categories of users who, in any case, have the right to a guaranteed portion of the funds. It's about about citizens who are fully financially supported by the deceased (dependents).

However, they will have the opportunity to receive money provided that with the death of the user they have lost their only source of livelihood.

Registration of inheritance for labor pension

Registration of an inheritance for a labor pension will be carried out in accordance with the current norms of the Russian legal system. This issue is regulated in accordance with the provisions of Russian Government Decree No. 471.

The algorithm for registering an inheritance will consist of the following points:

1. Collection and preparation of the necessary documentary support.
2. Contacting the authorized structure.
3. Submission of documents and applications.
4. Waiting for a response from the authorized body.
5. Transfer of money to the applicant’s details.

How to bequeath the funded part of a pension

The testamentary process is an expression of the free will of a citizen. And therefore, several citizens may be indicated in the application. Family ties will not be taken into account, and according to the will, the citizen has the right to name any user as an heir.

If there is no will, the inheritance of accumulated pension savings will take place on a general basis within the framework of priority.

How to receive the pension savings of a deceased person

You can receive the pension savings of the deceased only after submitting the corresponding application to the Pension Fund or Non-State Pension Fund, depending on which fund the user preferred to keep his funds in.

If the money is in the Pension Fund of Russia and the user has left an order regarding his successor, then after his death the heir will receive a notification from the Fund. He may refuse to receive the money, or confirm his right to it.

Cumulative part of the pension after death: to whom is it paid?

According to the law, the funded part of the pension after the death of the pensioner will be paid to his official successors, who will open an inheritance case. Note that inheritance can occur within the framework of the testamentary process, or according to the law in a certain order.

In the case of a will, the user has the right to indicate any person, including those who are not his relative. If inheritance occurs within the framework of priority, then relatives of the first degree of kinship will apply for pension savings, and in their absence - the second and subsequent ones.

If after a certain period of time the heir is found unworthy, he will have to return all the funds he received. The return will be made to the Fund with which the deceased had long-term agreements.

How to find out the amount

Today, there are several ways to obtain information regarding the amount of pension savings:

1. Remote receipt of data using the SNILS number of the deceased.
2. Personal application to the Pension Fund or Non-State Pension Fund. However, the data will be provided exclusively to the successors of the deceased, provided that they confirm their identity and rights to the savings.
3. Through the State Services portal, or on the Internet services of the Pension Fund.
4. You can find out the savings amount at a number of banking institutions. This service is provided by Sberbank, Uralsib, VTB, Bank of Moscow and Gazprombank.

How exactly is it paid?

The pension savings of the deceased will be paid to his heirs after 6 months from the date of his death. However, as practice shows, most often given period increases to 7 months, since during this period the Fund will consider the application of the successor.

If the application is approved, the applicant will be notified in writing the decision taken, and after a certain period of time, the deceased’s savings will be transferred to him in the way that he chose independently (by mail, to a bank account, etc.)

Where is it paid?

The pension portion is paid to heirs in several ways:

1. Through a bank account.
2. Through Russian Post.

The heir will choose the method independently, and when submitting an application, it is advisable to immediately indicate the most acceptable option. So, if it is more convenient for the heir to receive money through a bank, he will need to indicate the details of his personal account in the application.

Documents for receiving the funded part of the deceased’s pension

To receive the accumulated pension, the applicant for the inheritance needs to prepare a certain list of documentation, including:

• Applicant's passport. Please note that you must provide a copy and original of all pages. If a minor acts as an heir, then his birth certificate will be required.
• Documents establishing the fact of relationship, or a copy of the application in which the user’s name is indicated as the legal successor.
• SNILS number of the deceased father, if the successor has such data.
• Details of the bank account where the savings amount is paid.
• A certificate from the guardianship authorities about the refusal of money by a child under 18 years of age, if such a situation occurs.
• The original and a copy of the court decision on the restoration of missed inheritance deadlines, if this was the case.

Deadline for payment of the funded portion of the deceased’s pension

To receive the accumulated funds of the deceased, it is necessary to send an application to the Pension Fund or Non-State Pension Fund within six months from the date of his death.

If we talk about such a concept as the payment period, the final decision on payments will be made no later than 7 months from the date of death of the user, of which the successor will be notified in writing. If an application is submitted to the NPF, the applicant will receive a response within three days from the date of the decision.

How to make an application

Regarding the application for receiving the funded part of a pension from a non-state pension fund or Pension Fund, the legislator puts forward certain requirements. So, the document must indicate the following information:

• signature of the successor with a transcript, as well as the date of writing;
• Full name of the deceased and his SNILS data;
• succession, that is, the basis on which the user plans to receive financial resources;
• relation degree. This note is indicated in a special section, which will be skipped by the user receiving funds as part of the probate process;
• personal data of the heir, including full name, place of registration and contact details;
• a list of all documents attached to the application;
• current and truthful information about other potential heirs.

Read more about the application for receiving the funded part of the deceased’s pension. ↵

How to receive the insurance part of a pension after the death of a pensioner

According to clause 1, part 1, article 25 of Federal Law No. 400 “On Insurance Pensions,” the Pension Fund of the Russian Federation cancels the payment of the insurance pension and additional payments to it from the 1st day of the month following the date of death of the user. So, if a pensioner died on October 9, 2017, then the termination of insurance pension payments will be dated November 1, 2017.

The accrued amounts of the insurance pension that were due to the pensioner and were not paid to him will be transferred to family members who, at the time of death, were constantly living with the pensioner. Article 26 of the Federal Law-400 provides a complete list of persons who may qualify for payment:

• at the time of death they were constantly living with the pensioner;
• family members recognized as disabled;
• users who applied for the unreceived amount of pension no later than before the expiration of 6 months from the date of death of a relative.

If several citizens apply for an insurance pension, the payment amount will be distributed among them in equal proportions.

As for such a process as inheriting the insurance part of a pension, this is impossible.

Procedure for inheriting the insurance portion of a pension

Insurance part of pension it is impossible to inherit a priori, therefore no person can claim to receive it.

The only payment that will be available to relatives is the unpaid pension of the deceased, as well as additional payments to it.

However, if the deceased was dependent on a disabled close relative, for whom the only source of income was the financial support of the deceased, then there is the option of applying for a survivor’s pension.

To receive a funded pension for a deceased relative is an inalienable right of persons who are legal successors. Which category of citizens has this privilege, where to apply, and what documents are required to receive the payment can be found in this article.

Pension of a deceased relative

A funded pension is a part of the pension formed through employer contributions to the compulsory pension system.

Provided cumulative payment for the category of citizens:

• born no earlier than 1967;
• those who began official work before 01/01/2014;
• who made the choice in favor of the savings system before December 31, 2015.

Citizens born before 1967 can also count on the formation of a funded pension through contributions made voluntarily.

Cumulative part labor pension can be formed either on the basis of the state Pension Fund or a private one.

According to the current legislation, the funded part of the pension of a person who has passed away can be assigned to legal successors by inheritance (Article 1183 of the Civil Code of the Russian Federation).

To ensure that the simple procedure for receiving an inheritance does not cause any trouble, it is better to find out in advance about how to receive the funded part of the pension of a deceased relative. You can learn more about obtaining rights to inherit pension savings funds by referring to the article “On labor pensions in the Russian Federation”, paragraph 12, article 9 of Federal Law-173, dated December 17, 2001.

Pension savings as an inheritance from loved ones

The procedure for receiving pension payments from a deceased person is also regulated in the Civil Code of the Russian Federation.

Relatives of a deceased citizen have the right to receive pension savings upon his death:

• before assigning or recalculating the amount of payment (taking into account additional funds);
• after receiving an urgent payment (residual funds from pension savings are transferred to the heir);
• after the appointment (provided that transfers have not yet been made) of a lump sum payment.

In this case, dependents, as well as family members living with the pensioner, have the right to receive a sum of money, but no later than 4 months from the date of death. In the absence of such, the sum of money becomes part of the inheritance and is paid on general terms.

Important: If the labor pension was assigned to an individual for an indefinite period, payment of the funded part of the deceased’s pension is impossible.

Who can become the heir to the pension?

There are two ways of inheriting property, including unpaid amounts in the form of a pension: by will and by law.

The pension savings of a deceased person, stored in the Pension Fund or Non-State Pension Fund, are transferred to:

• persons indicated by the citizen during his lifetime in an application submitted to the selected Fund;
• legal successors.

The legal right to receive the funded pension part, first of all, belongs to heirs of the 1st and 2nd degree of kinship, as well as persons who were fully supported by the deceased for 1 year or more. In the latter case, the right to receive payment arises if the dependent has no other sources of livelihood. Dependents include disabled parents, minor children who have lost their father or mother, disabled people and other persons who are fully supported or receive financial assistance, which is the main source of income.

Legal successors of the 1st degree of relationship:

• spouse of the deceased person;
• parents (whether biological or adoptive);
• children.

Heirs of the first degree of kinship have priority when receiving cash payments from a relative who has passed away.

Legal successors of the 2nd degree of kinship:

• siblings;
• grandparents;
• grandchildren.

Please note: in the event that several legal heirs apply for payment, the accumulated labor pension funds are distributed among them in equal shares.

Where can I get information about the amount of my pension?

The accumulated amount is individual for each individual, since it depends on the size wages. It is formed from monthly deductions in the amount of 6% and goes to the individual PF account.

Before submitting documents for payment, the heir can independently find out how much amount has accumulated in the account of a deceased relative in the following ways:

1. By contacting the Pension Fund of the Russian Federation. Information in the institution will be provided exclusively to the legal successor. It is necessary to provide the SNILS number of the deceased, identification documents and rights to inheritance;
2. Remotely. On the State Services portal, the official website of the Russian Pension Fund by SNILS number;
3. At a bank branch. Some banking institutions provide such a service (Sberbank, Bank of Moscow, Gazprombank, VTB).

The fastest and most reliable way to obtain such information is to determine the amount according to SNILS through government services.

The procedure for registering a person’s financial assets after his death

You can receive the accumulative pension provision of the deceased by submitting an appropriate application to the fund selected by the user during his lifetime. In the case where the heir was indicated in advance, the Pension Fund of the Russian Federation sends a notification to the registration address of the legal successor.

Sequence of actions of the applicant:

1. collection of necessary documentation;
2. appeal to the relevant authority (PFR, NPF);
3. submitting an application and other documents;
4. waiting for the decision of the Pension Fund;
5. receiving funds.

According to Russian legislation, you can apply for pension savings within six months after the death of the owner.

List of necessary documentation to receive the deceased’s savings

You can submit a package of papers either personally or through a representative authorized by a certified power of attorney.

To avoid problems with receiving payment, you need to collect a complete set of documents:

• passport of the recipient of the payment (if the recipient is a minor, the identity is confirmed by a birth certificate);
• documents confirming the relationship or a copy of the application indicating the heir;
• SNILS of a deceased citizen;
• death certificate of the pensioner;
• Bank details for payment transfer.

Depending on the situation, you may additionally need:

• notarized power of attorney, if the application is submitted by a representative;
• a certificate from the guardianship authorities about the refusal to receive funds by a person under the age of majority;
• if the inheritance deadlines are missed, a court order to restore the missed period.

You can submit an application and documentation by visiting a branch of the Pension Fund of the Russian Federation in person or by mail. In case of forwarding, all copies of documents are certified by a notary, and a registered letter with notification is sent.

The decision to pay the funded part of the inheritance after the death of a deceased citizen is made by authorized employees of the Pension Fund within the 7th month from the date of death of the testator.

Terms and procedure for payment

After receiving a decision on payment (refusal to pay) funds, no later than 5 working days, the authorized body sends a copy of the decision to the legal successor.

1. at the Russian Post office;
2. to a bank account.

Transfer of funds from the account of a deceased citizen is made no later than the 20th day of the month following the month in which the positive decision was made.

Possible reasons for refusal

Civil legislation clearly establishes in which cases the Pension Fund may refuse to pay relatives the pensions of a deceased loved one.

Possible reasons for making a decision not in favor of the applicant:

• lack of documents in the provided set;
• lack of rights to inheritance;
• errors, typos or blots in the completed application.

The legal successor may refuse to receive the pension funds of the deceased insured person at his own request. In this case, he must contact the Pension Fund with a written application no later than 6 months from the date of death of the relative.

Thus, the procedure for receiving a pension of a deceased person presupposes the legal rights of the relative to such payments and the submission of a complete list of necessary documents. However, a person may also refuse to receive cash pension savings.