Death loved one it's always a tragedy. And if she touched her husband, who actually supported his wife on his retirement income, then this is a financial collapse. Last years a lot is said about the possibility for a wife to receive her husband's pension after his death. How to arrange such a procedure and whether it is really possible to receive the appropriate charges for a husband, we will consider these issues in more detail.

Can a wife receive her husband's pension after his death instead of her own?

Going to the husband's pension after his death is the right of the wife, which she receives as part of the official inheritance. However this procedure is not as simple and transparent as it might seem.

How to go to the pension of the husband of a military man after his death?

The husband, who was a military man, in addition to increased pension payments, also had a lot of benefits due to his service. After his death, his wife can claim part of his income. The amount of payments for the loss of the breadwinner of a former soldier is approximately 40% of the accrued pension benefit deceased. In addition, the wife retains the benefits that were given to her husband.
These benefits include:

• Wellness treatment in sanatoriums;
• Half payment for utility services;
• Service in departmental medical institutions;
• Free travel on some modes of transport.

Retirement income should be received at the place of registration. To do this, you should contact the military registration and enlistment office with a written request.

Payment of pension after the death of a pensioner

The size of the pension after the death of a pensioner is on average 30% of the amount of funds accrued to the deceased citizen. Pension payments accrued due to age or disability are taken into account. The coefficients used in the calculation are quite complex; it is often not possible to calculate the amount of money paid out on your own. Therefore, before making a final decision, it is better to come to the Pension Fund in order to make preliminary calculations.

Application for a husband's pension after his death - sample

To draw up an application, you can use the prepared form, or write it completely yourself. There is no established form for writing it, but there is a number of information that must be indicated in the document without fail.
Such information includes:

• Personal data of the widow of the pensioner and her address of residence;
• Information about the deceased husband and the date of his death;
• Listing of dependents in the care of the deceased;
• Data on the pension received by the widow and additional benefits available;
• Indication of the documents attached to the application.

The application is written at the place of requirement. For the deceased serviceman to the military registration and enlistment office, and for the rest to the Pension Fund. The widow of pensioners, or her authorized representative, has the right to submit documents and an application personally.

Legislation provides the right of some citizens, if necessary, to obtain pension provision deceased relative. In most cases, this applies to spouses. To exercise this right, it is recommended to draw up a written appeal and submit documents to the appropriate authority.

Can a wife receive his pension instead of hers after her husband's death?

Many women think that after the death of their spouse they will be able to receive his pension instead of theirs. Unfortunately, it is not. Registration of the pension of the deceased husband for his wife not provided for by the legislation of the Russian Federation.

However, in some cases, the widow of a pensioner may arrange separately survivor's pension. This is possible only in cases specified by law. In this situation, you need to contact the relevant department and submit the necessary package of documents.

To whom is the funded part of the deceased paid?

In accordance with the legislation of the Russian Federation, at present, many citizens, in addition to old-age insurance, also have a funded pension. Having reached , a citizen has the right to receive his pension savings in the form of a lump-sum payment, urgent (within a certain period) or issue a payment of funds indefinitely.

This type of security has a special advantage over the insurance payment - all pension savings on an individual personal account of a citizen are subject, that is, in certain cases they can be pass on by inheritance. A citizen can bequeath his funded pension before retirement. In the event of his death, pension savings are inherited:

• according to application for distribution of funds;
• in law.

Savings funds can be paid out absolutely anyone(not necessarily relatives), which are indicated in the application for the distribution of funds. The application also contains information about the size due payments to every heir.

If the deceased citizen did not leave a corresponding application, all savings are inherited between first line relatives in equal parts. The relatives of the first stage are considered to be natural and adopted children, spouse and parents (adoptive parents). If the deceased citizen has no relatives of the first priority, his funded pension is distributed equally between second line relatives- brothers, sisters, grandparents and grandchildren.

It is worth considering that the assignees can receive a funded pension only if the citizen died before the assignment of a pension to him, or after the appointment of an urgent payment, and also after a lump-sum payment was established but not paid to him. If a funded pension was established for the deceased indefinitely, then it cannot be inherited.

How to get a pension for a deceased relative?

To receive a pension for a deceased citizen, you must within six months of death pensioner to contact the relevant authority. Where exactly depends on what payments the deceased received during his lifetime:

• insurance payments - in the FIU;
• military pension - to the appropriate law enforcement agency;
• pension savings - in the PFR or NPF (depending on where they were formed).

It should also be noted that in case of payment funded pension the successor has the right to refuse these funds in the same way as from any inheritance. But for this he must submit an application to Pension Fund.

What documents are needed for registration?

To receive an unpaid insurance pension due to the death of a citizen, his relatives must be submitted to the Pension Fund of Russia the following documents:

1. application for payment of the amount accrued, but not received by the pensioner (the application form is available on the official website of the PFR);
2. the passport;
3. pensioner's death certificate;
4. confirmation of family relations (certificate of marriage, birth, adoption, etc.);
5. confirmation of the fact cohabitation(certificate of housing authorities, copy of registration certificate, etc.);
6. details for non-cash transfers, if the applicant plans to receive funds to a bank account or card.

If the deceased citizen was recipient military pension , then his relatives, in addition to the above documents, must additionally submit to the appropriate law enforcement agency (to the military registration and enlistment office) a work book and a military certificate of the deceased.

In special cases it may be necessary other documents, confirming certain circumstances, for example, a notarized power of attorney, a court decision, etc. After the documents are accepted, the employees of the relevant authority check the authenticity of the documents and make a decision whether to transfer the funds to the applicant or refuse to pay.

For what period is the pension paid after the death of a pensioner?

In accordance with paragraphs. 1 p. 1 art. 25 of Federal Law No. 400-FZ of December 28, 2013, the territorial body of the Pension Fund ceases to accrue and pay security from the first day of the month, which follows the month in which:

• the death of a pensioner;
• a court decision came into force, according to which the recipient of the payment is officially recognized as dead.

The payment of pensions after the death of a citizen is carried out in just one month and only if the pensioner did not receive the amount of money due to him before his death.

Other payments in case of death of a pensioner

In addition to the pension not received by the deceased citizen, his relatives are also entitled to receive cash, which relied on the late pensioner, but were not paid to him due to his death. It can be:

• some social security benefits;
• payments that the deceased received as compensation for harm caused to life;
• alimony, etc.

In addition, in some cases, citizens can count on burial allowance. In accordance with Article 10 of Federal Law No. 8 of January 12, 1996, this payment is a one-time payment and can be paid any citizen(not just family members) who took responsibility for organizing the funeral.

The Pension Fund of the Russian Federation pays this benefit if the deceased pensioner was not formally employed. If at the time of death he carried out labor activity, then the funds are paid by the Social Insurance Fund (FSS).

In the event of the death of military pensioners, as well as citizens who are participants and invalids of the Great Patriotic War, the expenses associated with their burial, shall be reimbursed Ministry of Defense of the Russian Federation.

To receive funds, you need within six months from the date of death of a citizen, apply to the territorial body of the FIU. You must have with you:

• application for payment of social benefits for burial;
• the passport;
• a certificate from the registry office of form No. 33 on the death of a pensioner;
• an extract from the work book of the deceased or another document confirming that on the day of death the pensioner was not employed;
• a certificate from the FSS department (if the deceased pensioner was engaged in individual activities and was not subject to compulsory social insurance).

This allowance is paid on the day the applicant applies. Legislation establishes payout limit. From February 1, 2019, the amount of this allowance is 5946.47 rubles(in 2017 - 5562.25 rubles). However, in some areas, the payment is set in an increased amount due to district coefficients.

After the death of the head of the family, usually a woman not only experiences a sense of grief, but also suffers financially. It is well known that in many Russian families, especially the older generation, the representatives of the stronger sex are the earners and support of the family, and they receive more maintenance than the wife. Women are often puzzled by the thought of whether it is possible to receive his pension instead of their own after the death of their husband. The latest amendments to pension law provide for the possibility of registration of a widow pension payment for a deceased life partner in the event of her refusal to provide for herself. Everything is not so simple here, there are a large number of subtleties, which are easiest for specialists to understand.

The law explains that a pension is a monthly cash payment that the state provides to its citizens in order to compensate for lost earnings or income. Quite often in past years, in the offices of the Pension Fund and legal consultants, widows are interested in how they can arrange for the financial support of the deceased spouse. On this occasion, there are many not entirely reliable versions. In fact, the establishment of a points system and regular indexation when calculating payments encourages pensioners to clarify the amount of the insurance pension annually by contacting the fund's specialists.

In order to switch to her husband's pension, it is also necessary to apply to the FIU, and no later than six months after his death. If circumstances prevented this from being done, and the deadline was missed, it will be necessary to resolve the issue through the court so that it establishes how objective the reason for the delay is. Usually, the regional branch of the fund automatically receives information about the death of a person, and relatives are informed of the amount of his funded pension, to which the widow is entitled after the death of her husband. A woman can not wait for this invitation, but write an application herself, having prepared the relevant documents for this procedure, and come with a passport, marriage registration certificate, certificate confirming death, and insurance pension card spouse.

Individual approach when recalculating the pension for the deceased husband

An unequivocal answer to the question of whether it is possible to receive a husband's pension after his death will be negative. If the head of the family financially supported his relatives, the widow can apply for another type of material support - a pension for the loss of the breadwinner, while refusing her own. So the common wording "go to your husband's pension" is inaccurate in its meaning. In such situations, a spouse's allowance is assigned, which actually correlates with the maintenance of the deceased and is tied to the size of his earned security. Maintenance due to the loss of a breadwinner is necessary for the purpose of permanent financial support for the relatives of the deceased pensioner who were dependent on him. It is intended to replenish the income lost due to the death of the head of the family. The fund's employees will tell you how to switch to your husband's pension after his death.

The law provides for a woman's ability to transfer from maintenance due to old age or disability to maintenance due to the loss of a breadwinner. However individual approach to this question suggests that in this situation the pension for the husband may be less than the amount of the payment received by the deceased spouse himself. That is why the specialists of the fund department individually check the rationality of such an application for a change for any particular appeal, explain whether it is possible to transfer to the husband's pension, and why this cannot be done.

Consideration of the recalculation is carried out in accordance with the documents on insurance experience and the salary of the deceased. If the value of the new estimated pension smaller size already received payments, then the transition to support in the event of the loss of a breadwinner is irrational. Under the existing law on pensions, a widow can choose between two options, which is more practical for her: to continue receiving her labor pension, or the pension of her deceased husband is more profitable for her. In parallel, she will not be able to issue two guarantees - this is not allowed by the law. So, answering whether it is possible to receive his pension instead of her own after the death of her husband, the widow makes her choice.

If the spouse was provided with a larger pension, which served as a good help in the family budget, its loss due to the death of the husband will cause serious damage to the financial situation of the widow. In the case when the amount of support for the head of the family was quite solid, and only his wife will claim the funds for the loss of the breadwinner, then the amount of the payment will turn out to be quite good. In addition, the amount of payments is regularly increased by indexing. Multiple transition from one type of security to another is allowed.

Accumulative part

Many prudent citizens, in addition to the mandatory insurance share, create for themselves an additional guarantee of security in old age - they form savings. Upon reaching the retirement age, they have reason to receive these funds at a time or in installments in the form of an addition to their pension. The priority of this type over insurance funds is that they must be returned to the heirs indicated in the will.

The funded component of the pension is considered the inheritance that the deceased spouse left to the family. This money is on the account in the pension fund, but is a contribution. The entire amount or the part that is due to her by right of inheritance, a woman can withdraw from the account. In any case, in case of loss of a breadwinner, a woman is advised to consult about hereditary rights.

In the absence of a will or statement on the distribution of funds, equal shares of the savings are inherited by the first-priority - the next of kin. In cases stipulated by law, relatives of the second order may inherit. The receipt of a funded pension by the assignees is possible only in a situation where the pensioner either died before going on a well-deserved rest, or if he had already been established, but did not have time to make an urgent payment. It is not possible to inherit a perpetual funded payment.

The peculiarity of the transition to retirement spouse

If the death of the head of the family occurred as a result of an industrial injury, professional or general illness, then the amount of maintenance as a result of the loss of a breadwinner is formed in the format of 30%. The ambiguity and complexity of the question in which cases a wife can receive her husband's pension depends on many different factors, such as:

• the need to prove that the deceased spouse supported her:
• whether the deceased was in any special category of pensioners, for example, military personnel or Chernobyl victims;
• how many people were dependent on the deceased.

Benefits for the wives of pensioners

At the legislative level, there is a special group of widows who were the wives of the military. For women who did not work in connection with moving to the place of service of their husbands-military personnel and could not earn their seniority to receive maintenance on a well-deserved rest, financial security is accrued in a separate order. The widow's pension due to the loss of the breadwinner, whose death occurred in connection with the performance of official duty, is calculated in a different way, it is equal to 40% of his payments if the deceased spouse was in the following category:

• served in the Russian army;
• was an employee of the Ministry of Internal Affairs, special services, the Ministry of Emergency Situations, the FSB;
• contributed to the elimination of the accident at Chernobyl.

The pension accruals of military personnel and their spouses are very different from the usual labor payments. If, in general cases, the benefits that the deceased husband had were not due to his wife, then certain privileges are partially preserved:

• the widows of servicemen who died in the line of duty;
• participants in combat events;
• WWII veterans.

For example, a military widow is entitled to the following benefits:

• a ticket to a sanatorium or resort once a year;
• payment for travel to the place of treatment;
• reimbursement of half the cost of utilities;
• discounted fares on public transport.

A widow who has earned the title of veteran of labor, has received disability or other benefits, retains them when she retires due to the loss of a breadwinner.

A widow who has remarried and previously taken out a survivor's pension will receive it indefinitely until she changes the type of financial security herself. However, if she proceeds to formalize the maintenance of the deceased spouse for herself after entering into a new marriage, then she will have to hear a refusal.

The question that is often asked is whether a wife can receive her husband's pension is a common misconception. Such a concept is not defined in the legislation. But there is something else: a pension in connection with the loss of a breadwinner, which is considered a full-fledged type of maintenance. When they say that a wife receives her husband's pension after his death, they mean something completely different. The death of a life partner only provides a basis for its registration, although the amount of funds paid is calculated based on the length of service and salary of the deceased husband. To design this type of content, you must first recalculate whether it will turn out to be more than your own, and only then apply for its design.

Left without a breadwinner in the family or with a low income, women wonder if it is possible to receive a permanent pension of a husband after his death for his wife instead of hers. The legislator, indeed, defines several possibilities for the transition from one income to another. But it is necessary to provide for a number of important nuances, as well as to determine the further fate of payments when the spouse receives other types of income.

More about the concept

It is impossible to completely switch over to the pension of a deceased husband. The legislator does not provide for a procedure for changing the details of the recipient, but there is an alternative solution when the widow has the right to receive another type of pension, the amount of which will not depend on her seniority, but on the size of the man's pension. These are pensions to his wife for the loss of a breadwinner. But prerequisite is evidence that the husband provided for the family, and after his death, the financial situation worsened.

In practice, this is a benefit for a pensioner, which is formed individually in each situation and is not associated with the absolute transfer of funds from the deceased to living relatives. In theory, this process is presented as an opportunity to transfer to the husband's pension after his death. And since the legislation of the Russian Federation does not allow you to simultaneously receive several types social security, then it is necessary to leave a written application for the termination of personal payments.

Benefit amounts

Can a wife receive her husband's pension after his death in full size? The answer is unequivocally negative, but the widow is entitled to an allowance in the form of 30% of all payments received by the deceased. This amount is transferred only if the woman can provide evidence of its content.

Important! You can apply for a pension for your husband in larger size. The final amount of the benefit will be affected by the number of persons who were supported by the man, as well as the ratio of the deceased to special privileged categories of pensioners.

• voluntary overtime credits to the pension account;
• when money was transferred from maternity capital;
• if the date of birth of the deceased is after 1967.

It is possible to receive the pension of the deceased spouse, which was in the savings account, only on the basis of the legislation on the inheritance of property, since this type of monetary savings is one of those that are inherited. A widow receiving savings money can only count on the interest rate fixed by the legislator from all funds.

If the claimant has already re-arranged payments, then you need to familiarize yourself with the procedure for calculating the amount of benefits. So, the basis is the total income of the deceased pensioner, as well as the number of persons who were on his maintenance. It also happens that switching to a husband’s pension is less profitable than receiving your allowance.

Order

Employees of the district pension fund will tell you how to switch to your husband's pension after his death. An approximate algorithm of actions involves the following steps:

• collection of documents (death certificate, confirmation of marriage ties, statement of the fact of maintenance);
• sending papers to the department where pension transfers are re-registered;
• drawing up an application for the waiver of personal income;
• provision of a financial account to which payments will be made.

As for receiving a funded benefit after the death of the husband, the procedure here will be somewhat different. And if in the first case it is enough to apply to the pension fund on your own, then in cases of transferring savings funds, you will need to contact a notary's office. The notary, in addition to resolving the main issues, will help clarify the location of the pension, and will also deprive the widow of related bureaucratic litigation. The widow of a deceased pensioner will need:

• clarification of the location of the pension (state or non-state fund);
• filing a petition with a request to transfer to the pension of the deceased;
• familiarization with the official, written response;
• collection necessary documents and their approval in the fund;
• wait until the renewal is scheduled;
• actual transfer of pensions.

Exceptions

Is it possible to switch to a husband's pension after his death to a working wife? In Russia, the simultaneous accrual of several types of state benefits is prohibited, so the simultaneous enrollment of pensions and salaries (even from the budget of a private organization) is impossible. A woman who has lost her husband and wants to receive his pension must choose one of the types of income.

But before the appointment, it should be clarified what amount of the allowance will be assigned. It is quite possible that it will be much more profitable to continue working.

It is not uncommon for widows to remarry. And women remarrying are wondering if I can continue to receive a survivor's pension? As practice shows, if you go to the new kind provided even before the wedding, then they will no longer be able to take away such a pension. Her appointment guarantees life maintenance. When the transition procedure is started after marriage, there is a high probability of a negative response from the Pension Fund.

In the event of the death of her husband, a wife has the right to waive her own insurance pension and apply for a new one, receiving it for her own. This makes it possible for women who have lost their only family breadwinner to improve their financial situation and not fall below the poverty line established by law. Even in such a difficult life situation, one should not forget that time will pass and your urgent needs will make themselves felt. Of course, many are limited to applying for a subsidy, but everyone should get what they are entitled to by law, and you cannot wait until you are automatically reissued a pension.

When is the best time to arrange

It will be possible to issue such a pension for a widow only from January 1, 2015, just then new law will take full effect. If the widow does not immediately re-register, her own pension will simply be increased by the coefficient established by the new law. However, you should immediately contact pension authorities with an application stating the reasons why you need a recalculation of your insurance pension. Remember that the amount of your pension point should be above the general rate of inflation. If you cannot calculate the score yourself, just ask your inspector or just the pension insurance service for clarification. Keep in mind that the total points change every year and you will need to recalculate your pension every year. According to the rules, after each recalculation, the amount of your pension will increase, although the increase may not be so significant.

Other nuances of obtaining a pension for a widow

We should not forget about the accrual of different amounts of insurance pensions for working and non-working people. For those who retire, the ratio will be consistently higher than for those who continue to work. So you should decide for yourself whether it makes sense to continue working if the final income is insignificant, because for those people who have not yet retired for various reasons, having reached the retirement threshold at age, the future insurance pension consists of two completely different parts. The settlement part until 2002 and the part that is formed from the actual insurance premiums. But it is this second part that most often has a significantly lower insurance indexation coefficient. Don't miss out on these important details.