Like insurance pension for old age, in some cases the funded pension may be assigned ahead of schedule.

In addition, until the end of 2014, citizens could manage their savings within the framework of State co-financing programs pensions, and at the moment in 2019 they can only through voluntary contributions, including from.

This type of pension provision has its pros and cons. Minus- savings are not subject to indexation and depend on the investment of the selected NPF or management company. At the same time there is significant plus- the funded pension can be inherited.

Is it possible to inherit a pension?

In the event of the death of the mother, capital funds that are included in pension savings can be received only the father or adoptive parent of the child.
If there is no father, then minors have the right to payments children or adults who are studying in educational institutions full-time, until graduation or until they reach the age of 23 years.

In the absence of legal successors, the amount of savings is inherited on a general basis in accordance with the Civil Code of the Russian Federation, and the funds of maternity capital are transferred to the Pension Fund of the Russian Federation.

For a long time, Sergei Vladimirovich Kalinin transferred certain amounts to a non-state pension fund, thus forming his future funded pension. Kalinin S.V. There was a family: a wife and two minor children. Unfortunately, at the age of 49, he died without leaving a statement regarding the distribution of pension funds.

Since Sergei Vladimirovich died before his pension was accrued (that is, he never received it), his family has the right to claim cash savings. The widow and two children are first-degree relatives. Also a first-degree relative is Sergei Vladimirovich’s mother.

In total, four people are eligible for payment. Since it is not indicated anywhere to whom Sergei Vladimirovich Kalinin would like to transfer his savings and in what amount, the entire due amount is divided equally among all first-degree relatives. But the grandmother, the mother of the deceased Kalinin, refused to pay.

Thus, three people become legal successors - a spouse and two children. In this case, the amount of savings will be divided into three in equal shares.

Receiving the funded part of the deceased’s pension

If all the above conditions are met, the relatives of the deceased can submit application for appointment payment data. The Russian Pension Fund or non-state pension fund verifies the authenticity of documents, family relationships, etc.

If the documents contain false information, the fund has the right to refuse payment. Second-priority heirs may also be refused if first-priority heirs are announced. Moreover, regardless of who submitted the documents first.

Procedure and deadline for legal successors to apply

To receive the pension savings of the deceased, you must within six months from the day of the citizen’s death, submit an application to the Pension Fund or Non-State Pension Fund, depending on which fund the deceased entered into an agreement with. The decision on payment is made no later than seven months from the date of death.

Three working days from the date of the decision are given to the non-state pension fund to notify the applicant by sending him a copy of the decision on payment or refusal.

The same as from any inheritance, from the payment of pension savings you can refuse. To do this, you also need to submit a corresponding application.

Required documents

To assign a payment or refuse it, legal successors must contact the fund personally or through a legal representative. In this case, you need to have with you originals or certified copies documents confirming family relationships, and documents of personal storage (Resolution of the Government of the Russian Federation No. 711 of July 30, 2014).

Based on the above, when contacting must be provided:

statement;
passport or other document proving identity, age and place of residence;
documents confirming family relations with the deceased (birth certificate, marriage certificate, adoption certificate, etc.);
death certificate (if available);
SNILS number of the deceased (if available).

In some cases it may be necessary additional documents:

if the application is submitted by a legal representative (guardian, adoptive parent, trustee), then he must additionally submit his identification documents and a notarized power of attorney;
if the deadline for appeal was established in court - a court decision to restore the deadline for appeal.

If it concerns maternity capital, then in the event of the death of the mother, the father must additionally submit documents confirming:

paternity or adoption;
absence of facts of deprivation of parental rights;
birth or adoption certificate of children.

In the event of the death of the father or deprivation of his parental rights, it is necessary to additionally provide his death certificate or a court decision on deprivation. If the child is an adult but is studying full-time, a supporting certificate from the educational institution is needed.

Payment of funded pension to legal successors

If the deceased’s savings were formed in the Pension Fund of Russia, then within five working days after the decision is made, the Pension Fund is obliged send the applicant a copy of this decision about payment or refusal. If at the time of death the pension savings were in an account in a non-state pension fund, then, accordingly, the payment is made by the NPF.

Like most pensions in our country, pension savings are paid two ways:

via Russian Post;
through a bank (bank account).

The recipient has the right to independently choose one of these methods.

Restoring the payment period for pension savings

In accordance with Article 12 of Federal Law No. 424 of December 28, 2013, when the insured person dies, the payment of the funded pension stops from the first day of the month following the month in which the citizen died.

From the time of death of the insured person until the submission of documents by legal successors to receive funds (pension savings) must pass no more than six months.

Unfortunately, not everyone knows that pension savings can be inherited. Most often, it is because of this that many citizens turn to pension funds much later, when the required six months have passed.

In this case, the payment period can be restored only in court. The court has the right to grant or refuse to restore the period for payment of pension savings. If the court decides to restore it, then the citizen who claims them will be able to submit an application and the necessary documents in the usual manner.

Conclusion

Unlike usual, you can inherit, and absolutely anyone can become an heir. To do this, the insured person must submit a corresponding application or indicate this in the contract.
If it is not indicated anywhere to whom and in what shares the deceased wants to transfer his savings, then the funds distributed in order of first(parents, children, spouse) or second(brothers, sisters, grandchildren, grandparents) queues.
If for some reason potential successors did not have time to submit documents to the Pension Fund or Non-State Pension Fund within the required period (six months), then they have the right to restore this deadline through the court.

In the article that is brought to your attention, we will define the components of a labor pension and the conditions for payment of its funded part, as well as the time frame during which you can apply for payment of funds. In addition, we will consider the categories of heirs who have the right to receive payments.

Many people know how and within what time frame it is possible to register inherited property. Russian citizens. But not everyone knows that just like the property that belonged to the deceased, the funded part of his pension can also be inherited.

It is necessary to keep in mind that the procedure for inheriting the funded part of a pension is regulated by the norms of legislation on pensions, and not by the norms of inheritance law.

The formation of the funded part of the pension is carried out after changes in pension legislation in 2002. From this time on, contributions are made to the part of the pension of working citizens that interests us.

What is the funded part of a pension, the procedure for its inheritance

When starting to consider the topic, it is necessary to immediately clarify that since 2002, the labor pension of Russian citizens began to be formed from three parts: basic, insurance and funded.

The first two constituent parts cannot be inherited.

Only the third (cumulative) part is subject to inheritance. It includes funds that are transferred to the savings part of his personal account by the employer. This also includes income received from investing these funds in various projects.

The funds related to the funded part of the pension may be located either in the Pension Fund of the Russian Federation or in any non-state pension fund, depending on what instructions the future pensioner left in the form of a written application.

He could send them to one of the non-state pension funds, and if he did not do this, then they would be in the accounts of the Pension Fund of the Russian Federation.

Conditions for payment of the funded part of the deceased’s pension

The following circumstances are mandatory conditions for the heirs to be able to inherit and receive the funded part of the testator’s pension:

the deceased person was a participant in compulsory pension insurance and there are accumulated funds in his personal account;

the testator, who had the right to include accumulated amounts in his pension provision, died before reaching retirement age;

The testator, although he had reached the legal age, did not apply for a pension.

You cannot claim to receive these payments after the death of the testator, who received it at least once.

Deadlines for applying for payment

One of the conditions for receiving accumulated funds is the submission of applications by the heirs to the Pension Fund, where these savings are located.

These applications must be submitted no later than the end of six months from the date of death of the testator.

If the heirs missed fixed time, then its restoration is possible in court.

Of course, one cannot ignore the relationship between the amount expected to be received and the amount that can be spent on legal costs. It may happen that this ratio is not in favor of the amount of the expected payment.

You can read how to enter into an inheritance through the court here.

To whom is the funded part of the deceased’s pension paid?

The legal successors of deceased citizens born in 1967, as well as those born in later years, can receive funds accumulated in a pension account.

For citizens who were born in earlier years, the part of pension savings subject to inheritance was not formed and their heirs cannot receive these payments.

Applicants for receiving payments are:

The heirs of whom the testator indicated in his application.

This statement contains an order on what shares to distribute the accumulated funds in the event of the death of the testator among those persons whom he indicates. The application is submitted to the Pension Fund office at the citizen’s place of residence and is stored there.

If there is no such statement, then the amounts of money are paid to the heirs according to the law.

Payments are made in order of priority. The first priority is children, spouses and parents. The second is the brothers, sisters, grandchildren, grandparents of the testator.

Moreover, the heirs who are part of the second stage can receive funds if there are no heirs of the first stage or they have not applied for these funds.

The shares of the heirs of one line are equal.

In the event of the death of the mother, the father or adoptive parent of her children may inherit payments of funds received into the funded part of the pension from maternity capital funds. Children cannot receive these funds if there is no father or adoptive parent.

The order of succession according to law

Application for inheritance of the funded part of the pension

The position of the Pension Fund (PF) in the event of the death of the insured person depends on whether or not the testator drew up an application for the distribution of his pension savings during his lifetime.

If the application for the distribution of funds is at the disposal of the PF, then it is obliged to notify the legal successors of the deceased about the possibility of receiving the accumulated funds.

If there is no above-mentioned statement, then the Pension Fund has no obligation to notify the heirs. Heirs must, on their own initiative, apply for payment to the territorial division of the Pension Fund.

You can apply for payment in person, but this is not a mandatory requirement. It can be sent by mail or delivered through your representative. In this case, the signature in the application and copies of documents attached to it are certified by a notary.

The application, which is a standard form, is submitted to the relevant Pension Fund accompanied by the following documents or their notarized copies:

death certificate of the insured person;

his insurance certificate or a certificate from the Pension Fund;

passport of the person applying for payments;

documents confirming the relationship with the deceased; you can read more about them in the article “Establishing a relationship with a deceased testator for registration of inheritance” posted on our website.

The procedure for inheriting the funded part of a pension differs from the usual inheritance of the property of a deceased relative. These funds cannot be disposed of through a will. But at the same time, you can write a statement in which you indicate to whom and in what shares these funds can be received after the death of the testator. Drawing up this application makes it possible for loved ones to find out in a timely manner about the accumulated funds and receive them within the time limits established by law.

nasledstvo-ru.ru

Is the funded part of the deceased’s pension an inheritance? - Pravoved.RU

Hello! The son died. A debt in Sberbank on his credit card of about 10 thousand rubles remained unpaid. Since the son did not leave any other inheritance, Sberbank claims that the funded part of the pension is an inheritance and demands upon receipt of the money in six months to pay off this debt. The funded part of my son’s pension is in the Non-State Pension Fund. Are they right? The state pension fund and the NPF told me that this money is not an inheritance but a one-time payment and I am not obliged to give it to Sberbank since the law is interpreted a little differently in this case. I don’t even know how much has been accumulated in the NPF on the savings side, perhaps even less than the amount of debt, and there will also be interest and late fees for 6 months in the savings bank. What to do? Please explain the situation.

Victoria Dymova

Is the funded part of the deceased’s pension an inheritance - Pravoved.RU

My daughter’s own father died, we were not married, we did not live together. sent a letter from the pension fund that the legal successors can receive part of the funded pension. If I apply for his funded pension for my daughter, is it considered that she has entered into an inheritance? the deceased had an outstanding loan, can the bank, as the legal representative of a minor, repay his loan?

Victoria Dymova

Support employee Pravoved.ru

Inheritance of the pension savings of the deceased

The labor pension is divided into basic, funded and insurance. The funded pension, which can be received by inheritance, requires a 6 percent share of the employer's contributions to the Pension Fund. These funds participate in the investment activities of the Pension Fund or other NPF, and income is accumulated in the employee’s individual personal account. Also, at the request of the insured, they can be attached to the insurance part. In this case, the insurance and basic pensions are not inherited.

When is it possible to inherit a savings part?

To be able to inherit the funded part of the pension, the following conditions must be met:

The testator must be a participant in the compulsory pension insurance program and have funds accumulated in a personal account;
The death of the testator must occur before reaching retirement age;
Upon entering the statutory retirement age, the insured person has never received a pension.

If the deceased testator received a pension at least once, with an accrued funded part, it is impossible to claim the right to this type of inheritance.

Who has the right to inherit the funded part of the pension?

Savings in a pension account can be received by the heirs of citizens born in 1967 and later. Citizens born earlier did not make contributions to the savings fund, so there is no object of inheritance. The exception is when a citizen participated in the program with his own money, which was doubled by government sources. The following may be eligible for payment:

The heirs indicated in the testator's application. This statement, in which the owner indicated his heirs and ordered the distribution of shares, must be kept in the Pension Fund branch at the place of previous residence of the deceased citizen. In the event of the death of the testator, PF employees are required to notify relatives of the possibility of receiving accumulated funds.
Legal heirs. In the absence of a written order, inheritance of pension savings is carried out in the order of priority. The Pension Fund does not notify heirs about the emergence of the right of inheritance, so they must independently contact the Pension Fund. The first line consists of children, spouses and parents. If there are no such relatives, the right to receive a funded pension of the deceased passes to the heirs of the second stage, which includes all direct relatives. There are seven inheritance queues in total. The shares of the heirs within the queue are equal.

The funded part of the pension, formed from maternity capital funds, is inherited by the father or adoptive parent. For children, such a right is not established by law.

Deadlines and procedure for submitting an application

The right to inherit the funded part of the deceased’s pension is retained for six months after the relevant case is opened with a notary. If the heir was unable to send the application in a timely manner, the deadlines can be restored through the court.

Before initiating legal proceedings to restore the terms, make a thorough calculation of legal costs and correlate them with the size of the testator’s pension savings. It is likely that expenses will equal or exceed the amount of expected profits.

How to receive the pension savings of a deceased person

The application for payment is submitted in person or sent by mail to any territorial department of the Pension Fund. You can also act through a representative. Then signature and copies necessary documents must be notarized. The application is written on a form that can be picked up at the department. Additionally, you must attach originals (if applying in person) and copies of:

Death certificates of the owner of savings;
SNILS or a certificate replacing it;
Applicant's passports;
Documents establishing the fact of relationship.

Within a five-day period, the applicant must be issued a receipt certifying that the application was accepted or returned with a written explanation of the reasons. Since the right to a 6-month filing period applies to all heirs, all applications are considered, the order and shares of payments are determined. After consideration of the case, the final decision is sent to the successor. Inherited pension savings are transferred to the applicant no later than the 15th next month.

Grounds for refusal

These reasons are:

Lack of right to inheritance;
The presence of primary heirs, in which the applicant is a legal successor included in the second and subsequent groups;
Availability of previously made payments covering the amount of savings;
Expiration of deadlines (without a court decision restoring them).

A complete list of reasons for refusal and other rules for inheriting pension savings are determined by Resolution No. 741 of November 3, 2007 of the Government of the Russian Federation.

Many Russian citizens know how and within what time frame it is possible to register inherited property. But not everyone knows that just like the property that belonged to the deceased, the funded part of his pension can also be inherited.

It is necessary to keep in mind that the procedure for inheriting the funded part of a pension is regulated by the norms of legislation on pensions, and not by the norms of inheritance law.

What is the funded part of a pension, the procedure for its inheritance

When starting to consider the topic, it is necessary to immediately clarify that since 2002, the labor pension of Russian citizens began to be formed from three parts: basic, insurance and funded.

The first two constituent parts cannot be inherited.

He could send them to one of the non-state pension funds, and if he did not do this, then they would be in the accounts of the Pension Fund of the Russian Federation.

Conditions for payment of the funded part of the deceased’s pension

The following circumstances are mandatory conditions for the heirs to be able to inherit and receive the funded part of the testator’s pension:

the deceased person was a participant in compulsory pension insurance and there are accumulated funds in his personal account;

the testator, who had the right to include accumulated amounts in his pension provision, died before reaching retirement age;

The testator, although he had reached the legal age, did not apply for a pension.

You cannot claim to receive these payments after the death of the testator, who received it at least once.

Deadlines for applying for payment

One of the conditions for receiving accumulated funds is the submission of applications by the heirs to the Pension Fund, where these savings are located.

These applications must be submitted no later than the end of six months from the date of death of the testator.

If the heirs missed the deadline, then its restoration is possible in court.

You can read how to enter into an inheritance through the court.

To whom is the funded part of the deceased’s pension paid?

The legal successors of deceased citizens born in 1967, as well as those born in later years, can receive funds accumulated in a pension account.

For citizens who were born in earlier years, the part of pension savings subject to inheritance was not formed and their heirs cannot receive these payments.

Applicants for receiving payments are:

The heirs of whom the testator indicated in his application.

If there is no such statement, then the amounts of money are paid to the heirs according to the law.

Payments are made in order of priority. The first priority is children, spouses and parents. The second is the brothers, sisters, grandchildren, grandparents of the testator.

Moreover, the heirs who are part of the second stage can receive funds if there are no heirs of the first stage or they have not applied for these funds.

The shares of the heirs of one line are equal.

Application for inheritance of the funded part of the pension

The application, which is a standard form, is submitted to the relevant Pension Fund accompanied by the following documents or their notarized copies:

death certificate of the insured person;

his insurance certificate or a certificate from the Pension Fund;

passport of the person applying for payments;

The procedure for inheriting the funded part of a pension differs from the usual inheritance of the property of a deceased relative. These funds cannot be disposed of through a will.

But at the same time, you can write a statement in which you indicate to whom and in what shares these funds can be received after the death of the testator.

Drawing up this application makes it possible for loved ones to find out in a timely manner about the accumulated funds and receive them within the time limits established by law.

You can find out about other additional payments that the heir may receive from the contents

The funded part of a pension in the list of inherited savings is a relatively new phenomenon, and therefore many applicants for inheritance do not know about the rights and procedure for receiving material funds due by law.

The legislation of the Russian Federation defines the accumulative part of the insurance pension capital as money that generates profit and is inherited. If the organization managing the capital does not have a document indicating the heirs in the event of the death of the insured person, then the Pension Fund has the right to divide the material assets between the relatives of the deceased in the same line.

This material will introduce readers to the features of inheriting the funded part of pension savings, going through the registration procedure and the list of necessary documents.

What payments can be transferred to legal successors?

Accrued for the current period and unpaid pension benefits in connection with the death of the right holder belongs to the disabled relatives who lived with the deceased, and in their absence is divided on a general basis.

Who is eligible to receive

The legislation of the Russian Federation divides heirs into two categories:

Successors by application- persons included in the documents on the distribution of funds during the life of the pensioner.
Successors- relatives of the deceased, payments to whom, according to (Article 16, paragraph 6.) are made regardless of age and level of working ability.

The inheritance is paid to citizens in the following order:

First priority: children, spouse, parents.
Second line: brothers, sisters, grandparents, grandchildren.

Heirs of the second stage can apply for capital only in the absence of applicants of the first stage.

If the pension fund has documents from the pensioner on the distribution of funds among relatives, the fund independently notifies the heirs of the right to receive funds. In the absence of instructions regarding the accumulated capital, the relatives of the deceased should personally contact the Pension Fund.

The procedure for inheriting pension savings

Information about the death of a person is sent by the Pension Fund to the NF that served the deceased, which in turn notifies the relatives of the deceased (in the absence of special orders from the owner of the material assets) about the procedure. The relevant application forms are attached to the notification.

Where to begin

Attention! To receive the pension savings of a deceased relative, heirs need to apply to a non-state fund within six months from the date of death.

The procedure for appeals and payment of savings was approved by the Government of the Russian Federation in. After submitting applications from the heirs, the PF reviews the documents. You should wait for approval no earlier than 1 month, after which you will need more 2 months to deposit funds into a bank account. These are maximum deadlines, in practice everything happens much faster

Applications and documents

In order to meet the deadline allowed by law and receive the due part of the pension capital of a deceased relative, a certain procedure must be followed:

Collect the necessary documents or make copies of them and have them certified at a notary office.
Find out the deceased in the Pension Fund or.
Write an application for the right to receive funds and submit with originals (certified copies) of the collected documents to the organization that saves the deceased’s funds. You can also send documents by mail.
Make sure that the documents are accepted and registered. A few days after submission, ask to confirm receipt of the application.

Wait for payment decisions no earlier than the 20th day of the 7th month from the day of death. Notification will be sent by mail. Methods of receiving funds from a Pension Fund or Non-State Pension Fund are bank transfer or postal transfer, which must be additionally mentioned in the application. The funds will be credited to the account no later than 20 days after the applicant is notified of the accrual.

The heirs are required to provide the NPF with the original documents specified in the list or notarized copies:

passport;
birth certificate;
Marriage certificate;
adoption certificate;
death certificate;
pension certificate.

When minors apply to the NPF, the document is signed in the presence and with the consent of the official guardian. When sending documents by mail, the authenticity of signatures and copies is confirmed by a notary, and in case of his absence:

head of local administration;
an authorized person of local government (with a document confirming the authority of this person).

In accordance with the Legislative Notarial Framework of the Russian Federation, Article 45, documents exceeding the volume of one sheet must be stitch, number and seal.

Registration deadlines

The deadline for relatives of the deceased to apply to the NPF is: 6 months. This period can be challenged and restored by a court decision after an appeal from the heirs.
Copies of documents from NPFs on the accrual of pension savings (refusal of accruals) are sent to the heirs of the pensioner no later than 5 working days after the decision is approved.
Applications from applicants for inheritance are considered no later than last working day, the month following the month ending the six-month period allotted for circulation.

Payout of savings

The heirs receive the material funds due to them in one period, with a possible difference of several days.

Restoring the missed deadline after 6 months

According to Federal Law No. 424, Article 12. in the event of death, accruals and payments of payments cease from the first day of the month following the month of death.

Insufficient awareness of citizens about the procedure and rules for registering the inheritance portion of pension savings leads to failure to comply with the deadline established by law - 6 months.
Also, many applicants for inheritance mistakenly believe that they should contact the NF to receive the funds due to them after the expiration of this period.

In connection with legal conflicts that arise, citizens submit applications to the courts, in which decisions are made to extend or not extend the deadlines for receiving funds. Application for restoration of payment terms the accumulative part of pension savings, with additional reference to, follows go to local court.

When can you expect the payment period to be restored:

in the absence of an applicant for inheritance on the territory of the Russian Federation for objective reasons;
if the heir does not have information about the death of the insured person (here it is important to document the fact of ignorance).

Missing the deadline allowed by law without a good reason, or citing legal illiteracy in this issue are not a decisive argument for the court’s decision to extend the period for receiving funds.

After the court has restored the right to inherit, applicants have the right to apply to the Pension Fund in the manner prescribed by law. If the court considered the issue and did not find good reasons to extend the deadline, It will not be possible to receive the pension capital of a deceased relative. The solution for those claiming to receive an inheritance is to file claims in the higher courts.

Questions for a lawyer

Does the child of the deceased common-law husband right to inherit savings?

— The main document for determining the procedure for receiving funds by the relatives of the deceased pensioner is the official order of the deceased on the distribution of funds among relatives. If there is such a document, and the child of the deceased common-law husband is listed among the recipients, then he will be paid the due part of the inheritance. Unfortunately, if in the specified document the child is not mentioned among the relatives who are entitled to payments, he is automatically excluded from the number of applicants.

If there is no order on pension savings, the child from the common-law husband is classified as a first-degree relative, on the same level as officially registered children, spouse, and parents. The pension savings of the deceased are distributed among relatives in equal shares.
To assign payments, you should submit an application and relevant documents to the non-state pension fund that served the deceased person.

How can a widow receive her husband's funded pension payments?

— A notice from the NPF is sent to the addressee no later than 10 days after receiving notification of death. You can also independently submit an application for receiving the funded part of the deceased spouse’s pension in the accepted form to any territorial branch of the NPF without waiting for official notification. Remember the period allowed for applying to the NPF - 6 months from the date of death.

Are the accumulations of silent people subject to inheritance?

— For reference: “silent people” are insured persons who left funds under the management of Vnesheconombank, respectively, these amounts relate to the insurance pension, that is, they are not subject to inheritance.

Is it possible to transfer money from a non-state pension fund?

— Pension savings held in non-state pension funds are at the disposal of the insured person and in the event of her death can be transferred to the heirs of the deceased.