Lawyer for the inheritance funded pension. Features of inheritance of the funded part of the pension of the deceased. Where to apply and how to get these funds for relatives? Laws governing inheritance
A variety of typical and unique situations occur in people's lives. No one is insured from anything by and large. It also happens that Russians do not live up to their pension. Therefore, many today are interested in how to receive the funded part of the pension of a deceased relative. Consider how the cumulative part of the pension of the deceased is inherited.
Who inherits pension savings and how
FZ-424 became legally effective on January 1, 2015. Prior to this period, those born not earlier than 1967 determined their future pension benefit: as insurance or insurance plus funded.
Currently, future pensioners do not have such powers. You can choose only 1 simple option: cumulative or insurance. And combined variations are no longer provided. Like an age pension, sometimes a funded pension is assigned ahead of time, that is, ahead of schedule.
Until the end of 2014, Russians also had the opportunity to dispose of their savings under the state solidarity financing program. And since 2018, it is possible to form pensions in a funded format only through independent deductions, including money from the mother's capital.
This type of pension has both advantages and disadvantages. The disadvantage is that savings are not indexed and depend on the capital investments of the selected NPFs or MCs. There is also a great advantage - the capital accumulated in this way is quite possible to inherit.
How to inherit a pension
According to Art. 1183 of the Civil Code of the Russian Federation, pension savings are inherited. Art. 2 FZ-360 defines payments of this nature:
- lump sum;
- urgent when establishing time periods;
- life (perpetual);
- intended for heirs.
If those insured in the system of Compulsory Pension Insurance "\u003e OPS die, and there are some savings on their personal accounts, their relatives can inherit such money.
This becomes possible if the testators have died:
- until the funds are paid or until they are transferred in full (including additional savings);
- after the appointment of urgent payments (the balance of savings is intended for payment);
- after the assignment (but before payment) of lump sums.
In other words, if the deceased already received capital generated from contributions to the PF, inheritance is unacceptable.
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Inheritance of savings by the successors of the deceased
This is allowed:
- upon the preliminary application of the testator on the distribution of the funds of the funded part;
- according to legislative norms (1-2 stages of inheritance).
In the 1st case, both the relatives of the deceased and everyone to whom the deceased wanted to leave his money during his lifetime can inherit the savings. About what he made a lifetime will. In the 2nd case, the successors are only close relatives of the deceased.
Advice! Those who have capital in the PF can apply at any time for the distribution of accumulated savings in the PF. In the act, a citizen indicates his legal successors (heirs) to whom he wants to leave savings after his death.
If the contract is concluded with the NPF, then you should contact the NPF. Such a condition may be present in the GPT agreement concluded with him.
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In the application for the distribution of funds, you can specify any individual or several individuals and distribute shares between them. In this case, anyone can become a successor.
Inheritance by relatives of the insured
Relatives of the 1st priority have the right to payments:
- children (relatives and adopted);
- legal spouses;
- parents/adoptive parents.
In the absence of relatives of the 1st stage, relatives of the next stage become successors:
- brothers/sisters;
- grandparents;
- grandchildren.
The exception is the right of representation.
Separately, it is worth mentioning the matkapital aimed at future retirement.
- in the event of the death of the mother, the mother's capital, which is included in the composition of retirement savings, can be received by the father or adoptive parent of the child.
- in the absence of a father, the right to payments arises for minor children or those who have reached the age of 18 who study full-time in universities until graduation and / or until they reach the age of 23.
Subject to the above conditions, the relatives of the deceased may apply for the appointment of such payments.
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The procedure and term for the application of successors
To receive the pension capital of the deceased, an application must be submitted to the Pension Fund or NPF within 6 months from the date of the death of the testator, depending on which fund the deceased entered into an agreement with. The decision on payments is made no later than seven months from the date of death. 3 working days from the moment the decision is made, the NPF is given to notify the applicant by sending him a copy of the decision on payments or refusal. Just like any inheritance, pension capital can be waived. For this, you must also submit an application.
Payments to the relatives of a deceased insured person in the SOPS are assigned only if there is a corresponding application submitted in a timely manner to the Pension Fund. Here, it is not enough to apply in a declarative manner to a notary to accept an inheritance.
Required documents
To assign payments or refuse them, successors should contact the fund personally or through their authorized representative - representative. In this case, you must have with you the originals or certified copies of documents confirming family relations and certifying authority.
Based on the foregoing, when applying, you should submit:
- 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 any);
- SNILS of the deceased (if any).
In some situations, additional documents may be required:
- if the application is submitted by a representative by law (guardian, adoptive parent, custodian), then he must additionally submit his identity documents and a notarized power of attorney;
- if the deadline for applying was established by a court order - a court decision to restore the deadline for applying.
If it concerns the mother's 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.
If the child is an adult, but is studying full-time, a confirming certificate from an educational institution is required.
PF or NPF checks the authenticity of documents, family relations, etc. If the documents are false, the fund has the right to refuse payments. There will be a refusal to the heirs of the 2nd stage, if the first turns appear. And regardless of who submitted the documents earlier.
Payments of savings to successors
If the savings of the deceased were formed in the Pension Fund, then within 5 working days after the decision was made, the Pension Fund is obliged to send the applicant a notification about upcoming payments or about the refusal of them. If at the time of death the savings were in the account with the NPF, then, accordingly, the payments are made by the NPF.
Like most post-work benefits in our country, PF savings are paid in two ways:
- through the Russian Post;
- through a bank (bank account).
The recipient has the right to independently choose one of these methods.
Restoration of the payment period for pension savings
In accordance with Art. 12 FZ-424, when the insured person dies, payments cease from the first day of the month following the month in which the citizen died.
Important! No more than 6 months must pass from the time of the death of the insured person to the submission of documents by the successors for receiving funds (pension savings).
However, not everyone knows that pension savings can be inherited. Most often, it is in connection with this that many Russians turn to the Pension Fund much later, when the prescribed 6 months have passed.
Another big misconception is the opinion that it is necessary to apply for entry into the inheritance after 6 months. This is a fairly common mistake that many heirs make.
Important! In this case, the term of payments can be restored only in court.
The court has the right to satisfy or refuse to restore the term for the payment of the savings available to the testator. If the court decides to restore it, then the citizen applying for them will be able to submit an application and the necessary documents in the usual manner. That is, directly to public or private pension funds.
If the court refuses to restore the deadline, it will not be possible to receive the savings of the deceased relative. The exception is the actual acceptance of the inheritance. When the heir actually accepted at least some of the things of the testator.
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Watch a video on whether it is possible to receive a pension of a deceased spouse
June 14, 2017, 20:39 Jan 4, 2020 09:37 
According to statistics, the average life expectancy in Russia is about 70 years. This is provided that a person does not get sick, does not get into terrible incidents, and there is no attempt on his life. Unfortunately, no one is immune from this. The death of a close relative at the pre-retirement age is a huge blow for loved ones. Especially if a person passed away full of strength and health. Is it possible and how to get a pension for a deceased relative? Let it sound somewhat cynical, but the deceased cannot be brought back to life, and his family will now have to exist without a breadwinner (sometimes the main and only one). Then the inheritance of the funded part of the pension of the deceased becomes a hot topic and requires immediate resolution.
Not all citizens of Russia, not to mention residents of neighboring countries and republics where relatives of the deceased may live, are aware that at the legislative level there is inheritance of the pension savings of the deceased. It is important to understand that only relatives are entitled to claim the funded part of the pension of the deceased, unless otherwise specified in the testamentary letter.
By will, the right to receive a pension to the estate is transferred to absolutely any person whom the deceased wished to see as his successor:
- friend;
- neighbor
- student;
- boss
- beloved woman, whose marriage was not formalized.
IMPORTANT: If a will regarding pension savings is not drawn up, then inheritance occurs according to the general principle in the order of priority.
How to receive the funded part of the pension of a deceased relative is indicated in various legal sources of our state. In particular:
- Federal Law No. 424-FZ of December 28, 2013;
- article No. 1183 of the Civil Code of Russia;
- article No. 2 of the Federal Law No. 360-FZ;
- Decree of the Government of the State No. 711 dated 30.7.14.
How much will they pay
The question of how much money will be paid out of the pension of the deceased must begin with what kind of savings are generally inheritable. Retirement savings consists of two parts:
- pension savings insurance funds;
- money accumulated by the citizen.
The insurance part is mandatory. Every citizen of Russia will receive it upon reaching a certain age, even without a minimum work experience. It is also mandatory. Can it be inherited? By law, no. The insurance part does not belong to the relatives of the deceased for any reason. It remains in the state budget and is spent on the needs of the country, namely the Russian Pension System.
The funded part of the pension after death can be given to relatives or individuals indicated by the last will of the deceased. This amount is formed by the contributions of the employer and the citizen himself. Savings are also formed from:
- co-financing;
- family capital funds - it is due to a woman after the birth of her second and subsequent children. At the moment, the amount is "frozen" by the Government and amounts to just over 453 thousand rubles.
IMPORTANT: Today, it is the funded pension that is inherited. It passes to close relatives or is inherited by will only if the deceased person did not live to see the beginning of the pension, or she was assigned to him, but never paid.
If payments have begun, then there is no question of any inheritance to anyone. Nothing is paid, the pension of a deceased relative is not divided among his relatives.
Who inherits by law
Inheritance of a pension according to the law occurs according to the general procedure. It regulates the fifth section of the Civil Code of the State. There is all the information about the inheritance in general, inheritance by queue in particular.
Accumulated pension funds can be received by any member of the family. The savings are divided equally between relatives, unless one of them renounces his parts in favor of a third party.
How the funded pension of a deceased pensioner is transferred in order:
- 1st - children, spouse (husband), parents;
- 2nd - brothers, sisters, grandparents, grandchildren;
- 3rd - native aunts and uncles, their children;
- 4th - parents of the deceased mother and father;
- 5th - great-nephews, great-aunts and grandfathers;
- 6th - great-great-grandchildren and great-granddaughters, great-nephews and niece, great-aunts and uncles.
Direct heirs must claim the right to inherit a pension within 6 months. If there are no first-priority recipients for the funded pension, and the deadlines have not been missed, the successors of the subsequent queues come into play. Now it is clear who can claim pension savings after the death of a husband or father, for example. Foster children, like parents, are heirs of the first stage - the funded part of the pension can be transferred to them equally.
How to make a receipt
Remember, only the funded pension payment is inherited. The funded part is transferred by law or by will. There is an indispensable condition: you can receive money if the deceased has not yet received money from the pension fund at all. He just didn't live up to that moment.
What relatives should do is to apply to the Pension Fund at the place of residence of the deceased, more precisely, to the department closest to his house. They will require a package of documents:
- application for payment;
- citizen's death certificate;
- documents confirming kinship with the deceased;
- SNILS of the deceased;
- bank card number, personal account number in the bank where the funds will be transferred.
There are cases when relatives received money in their hands, because there was no possibility of receiving it at the bank. These are isolated situations, each of which is considered separately.
To avoid confusion and problems, it is advisable to prepare for receiving a funded pension inheritance in advance: open a bank account or issue a bank card. To do this, you just need to visit the nearest branch of the financial organization you like, which has state accreditation.
To get it, it is important to correctly write an application. The sample is kept by the employees of the Pension Fund of Russia. It is not possible to receive a payment from the bank immediately - the FIU specialists will conduct a detailed check, during which they will find out whether the documents are forged, whether the information provided is false.
If a fraud attempt is detected, the violator of the law faces criminal liability (Article No. 159 of the Criminal Code of Russia).
Has the heir already received what is to be inherited? No one has the right to demand money back. If the amount is calculated incorrectly, the issues are resolved only in court.
What to do with the pension of a deceased relative: in this matter, the recipient of money is not limited. He is allowed to dispose of finances at his own discretion: spend them on the coming holidays or bring them to the bank at interest.
Timing: is recovery possible?
Relatives have the right to apply for a pension payment within 6 months from the date of death of the testator. Not all citizens of the country are aware of this feature of pensions in accordance with the pension legislation of our country. Therefore, they actually refuse to inherit, without knowing it themselves.
IMPORTANT: Ignorance of the law is not an excuse. So here. If a person missed the deadline for accepting a pension inheritance after the deceased relatives, then the deadline cannot be restored.
The law says: property must be inherited within 6 months. Silent people will not be searched for. As for the silent ones who missed the terms for certain reasons, they claim the restoration of the terms upon inheritance. In what way: only through the courts, nothing else.
When pension savings are inherited, but the relative did not write an application to the FIU because:
- was seriously ill and was being treated in a hospital;
- served a sentence in places of deprivation of liberty;
- served in the army;
- was on a long business trip.
In order to restore the deadlines missed for a good reason, the applicant needs to file a claim with the servants of Themis. If the judge considers the requirements legitimate, then the terms for accepting the inheritance will be returned. Then the heir to the payment accumulated by the pensioner will simply provide the documents and application to the specialists of the Fund and receive what is due to him.
What if the inheritance has already been divided before? Then the case is reconsidered through the court, the relatives return the payments to the FIU, then the recalculation is made.
How to bequeath the accumulated
Sometimes pension fund specialists recommend in advance to future pensioners to think about what will happen to their savings if they are not useful to the pensioner due to his death. The pension authority calls: pensioners, draw up testamentary letters.
It is possible to write a paper directly in the Fund. To do this, contact the specialists of the organization directly. With the accumulative balance, the future pensioner has the right to do as he sees fit. Any pressure is excluded. Guilty (pressing, threatening) receives a well-deserved punishment.
In order for relatives to inherit a pension without quarrels and squabbles, it is better to divide the inherited savings in advance before death - then there will be no problems.
In what parts to divide - this is also decided by the testator. He has the right to divide equally between relatives or bequeath to someone alone. In this case, there will be no obstacles to receiving, if there are no exceptions.
What are the exceptions when the accumulative balance is inherited:
- the inherited part must be transferred to an incapacitated relative who lived on the provision of the deceased;
- the accumulated part is transferred to a child under 14;
- Disabled parents who are unable to provide for themselves do not part with pension payments; they were cared for by the deceased.
A citizen does not always do the right thing with savings - during his lifetime he has the right to change the will in whole or in part. Also, a share of the accumulated funds is sometimes transferred to charity - this is a right, not an obligation.
What else you need to know about payment
The accumulated pension is a good help for a family that has lost a loved one. In order for the manual to find addressees, you must remember:
- you will receive funds if you write an application to the FIU;
- having received the money, the second time they will refuse to pay;
- money can be paid in a lump sum or in installments at the request of the heir;
- with the hereditary part, the heir acts at his own discretion, he does not report to anyone about the expenditure;
- the hereditary mass goes to charity at the request of the deceased;
- it is reasonable to exercise the right to accumulative masses in the first 6 months from the date of the death of the testator;
- total hereditary queues 5;
- the recipient has the right to refuse accumulative money. He writes a statement to the FIU;
- a close relative provides the PF with documents confirming kinship - a birth certificate, a marriage certificate;
- if a pension is received, payments to the heir are not due;
- no need to delay until the last minute, it is better to apply as soon as possible, otherwise the last date will not be the one you expected;
- the last word of the deceased is not required if it is not testamentary;
- First, the money is allocated for the wife, then for the children, then for the parents. Although they are all heirs of the first, and not the last lines;
- if the heir has a bad relationship with the deceased, he is recognized as unworthy (most often it does not apply to spouses);
- spouses also have the right to refuse a share;
- friends closer than relatives who receive a share are present only in a testamentary letter;
- the deceased is not assigned a pension, he is removed from the register.
Legislation will tell you more about the inherited share. Namely, Federal Law No. 424-FZ of December 28, 2013 No.
Conclusion
It is not worth delaying with the inheritance case about pensions left by the father, mother and other relatives. There are certain deadlines for accepting an inheritance. All paternal relatives (mothers, and so on) are reflected equally. Did the children have a bad relationship with their father? They are recognized as unworthy recipients.
The unreceived share is paid additionally by a court decision or transferred to the state budget. It is almost impossible to recover the unreceived part after the deadline has been missed. Already received funds are not returned - only by court order. Any unreceived funded pension will be given to relatives if there were no payments at all. In other cases, there is no question of receiving a lost share. Servants of Themis understand the lost masses - their decision will be a constant.
Any queue claims to inherit by law. There is no first - there are second, third and further. That is why sometimes the savings of a citizen, for example, are received by her great-nephews.
Today, the collection of accumulated in the Pension Fund is a novelty, not all residents of Russia are aware of such a right. Today, there are no legislative bases for notifying heirs by the Fund's specialists about the possibility of inheriting the deceased.
After the death of a relative, all material goods that were in his possession, debt and financial obligations, as well as cash savings belong to the inheritance. This also applies to funds saved for a future pension. Inheritance of the funded part of the pension of the deceased occurs equally from the accounts of state and non-state pension funds.
Is the funded part of the pension of the deceased an inheritance?
Inheriting the pension of a deceased relative is one of the rights of applicants for valuables. But not all candidates can receive such savings, but only some of the representatives. So, the following categories of accumulative deductions will be transferred to the inheritance:
- the amount of funds paid by the employer (every month, for all officially employed citizens, the employer makes contributions to the Pension Fund of the Russian Federation to the future pension account);
- personal money transfers of the account holder;
- maternity capital (one of the targeted uses of maternity capital is the transfer of finances to a savings account for the future transfer of pensions);
- investments, that is, the income that the account holder receives from the turnover of savings.
An inheritance pension is transferred as a sum of money that was accumulated by a person, but he did not have time to use it. Inheritance is allowed only for those deductions that have never been used. That is, if the testator did not receive a single payment from the PFR due to his age or the continuation of work after reaching a pension.
Assignment of pension savings
During the formation of a savings account, its owner writes a handwritten application for the beginning of savings. Also signed a bilateral agreement with the pension fund for further cooperation. And the text of such an agreement may specify which of the relatives will become the recipient of the savings after the death of the account holder.
The second option for receiving a pension as an inheritance is the distribution of funds between legitimate applicants. So, if there is a will and the content of the document contains an order on the further inheritance of savings, then the specified applicant will receive the funds.
In the absence of a testamentary disposition, the money will be divided equally among the applicants in turn. Official spouses, parents and children have the priority right to receive inheritance. On the basis of the right of representation, the grandchildren will claim the property. In the absence of candidates of the first level, relatives of the second stage come to replace him. And so consistently, until the legitimate applicants for a pension are established.
Attention! If there is no will, and the deceased person has no relatives, then all material values pass to the state.
Registration of an inheritance for a labor pension
The inheritance of the funded part of the pension occurs on the basis of the articles of the Civil Code of the Russian Federation, Government Decree No. 471, as well as the Federal Law "On Pension Provision". According to the provisions of these regulatory legal acts, a labor pension can be inherited. And the procedure for registration of property rights to money will be as follows:
- collection of documents confirming the legitimacy of claims for property;
- applying to a pension fund (or to a notary, if the money is received by inheritance, and not under the terms of an agreement with a pension fund);
- writing a handwritten application for the accrual of finances;
- consideration of the appeal by the competent authorities;
- preparation of an official response to the application and, if the decision is satisfactory, the money is transferred to the personal account of the heir.
How to get the pension savings of the deceased
Whether the funded part of the pension of the deceased is a testamentary inheritance is up to the account holder himself. This is due to the fact that the legislator reserves the right for the owner of material assets to independently dispose of all benefits at his own discretion. During the preparation of a will, a citizen can draw up the following conditions for the inheritance of savings:
- transfer only a part of the amount to a specific person, and the remaining amount of the pension will be divided among the applicants on the basis of the legal priority;
- the savings will be transferred to several persons in equal or different shares;
- Pension contributions to the will are not made for the purpose of their subsequent distribution among applicants according to the law.
To receive funds, you will have to contact the pension fund in which the testator's finances were kept. You will also have to submit a handwritten application for the payment of a pension. Refusal of assistance is also allowed.
The funded part of the pension after death: to whom it is paid
Inheritance of the pension of a deceased relative (including spouse) will occur only after the opening of the inheritance. To do this, you have to contact the notary office operating in the area where the deceased person is registered. At the notary, the applicant for property clarifies whether there is a will with an order regarding the further division of property. If yes, then all possible applicants for property rights are gathered and the text of the will is announced by the notary.
Important! In the absence of a letter of order, the lawyer checks for other relatives of the deceased person, and then establishes in what shares each of them can receive property.
How to find out the amount
Clarification of the amount of the deposited funds can occur in several ways, depending on where the savings account is opened. So, the following options are available to heirs and potential applicants for property:
- obtaining remote access to the account of the testator on the website of the PFR or non-state PF (knowledge of the SNILS number is required);
- personal appeal to the bank, but not every financial institution is ready to provide such information (Sberbank, VTB, Gazprombank can help);
- online on the website of the State Service, but only after authorization on behalf of the deceased person (you have to go to the "public services" section, select "PFR", and then "check the balance of the savings account");
- in a pension fund after confirming his relationship with the accumulator, as well as after confirming his legal claims to property (which can be proved only after the expiration of a six-month term from the date of death of the testator).
How exactly is it paid
There is a strict algorithm of actions on how to receive an underpaid pension for a deceased relative by inheritance. To do this, you have to follow these steps:
- open an inheritance in a notary's office and state your claims to property;
- submit a full package of related documents;
- wait for the expiration of six months;
- re-applying to a notary to obtain a certificate of the possibility of entering into inheritance rights;
- filing an application with the FIU or NPF with a request to transfer money from the account in favor of the heir;
- consideration of the appeal (the maximum period for making a decision is 30 calendar days);
- receiving an official response with the refusal or satisfaction of the petition.
If a decision is made to execute the application, then within a month the funds are transferred to the heir. You can get them by postal order or to your personal bank account.
Documents for receiving the funded part of the pension of the deceased
The will of the funded part of the pension and its inheritance is regulated by the provisions of the Civil Code of the Russian Federation. The code also establishes the procedure for accepting property rights after the death of the testator. And it is impossible to complete the procedure without preparing a complete package of required documents. These include:
- identity document (only a passport or birth certificate is allowed, depending on the age of the applicant for savings);
- certificates confirming kinship with the testator (if the transfer of property rights occurs on the basis of legal order);
- a copy of the testamentary letter, within the framework of which the last will of the deceased citizen is realized;
- SNILS (only a number can be provided, but if the heir does not have such information, then this will not affect the right to receive property);
- a bank statement with the account number where the funds are to be transferred.
Attention! This is a mandatory list of papers, but depending on the circumstances, other certificates may be requested. So, if the heir is a minor citizen, then the passport of the legal representative of the participant is additionally transferred. If you miss the deadlines and their subsequent restoration, you will have to bring a copy of the relevant court decision.
Deadline for payment of the funded part of the pension of the deceased
The legislation does not provide for a single term during which pension accruals must be credited to the account of the heir. But, filing an application for registration of such savings for personal use is possible no later than six months after the death of the account holder.
As practice shows, the money arrives at the specified account of the applicant for property already after seven months from the date of death of the owner of pension savings.
How to make an application
The funded part of the pension is inherited by relatives after the death of the pensioner only on the basis of the applicant's handwritten application. That is, the candidate for payments must express his personal will to enter into the inheritance. It is his right, not his duty. So, when drawing up an application, the following blocks of information are to be displayed:
- personal information of the applicant for payments;
- data of the testator;
- grounds for the transfer of property rights to the account balance;
- conditions of inheritance;
- description of submitted documents;
- signature and date of issue.
Sample application of the assignee for the payment of pension savings can be downloaded
After reading the application, employees of the pension fund should have a complete understanding of the legality of the grounds for the transfer of property to the heir.
How to get the insurance part of the pension after the death of a pensioner
You will not be able to inherit an insurance pension. This is one of the types of money that cannot be inherited. But there is one exception to this rule. Legitimate heirs can only receive payments for one month if the pensioner has not yet received state support in the current month.
Termination of pension payments begins on the first day of the next month after the death of the testator. And if he has not had time to receive payments yet, then his relatives can claim this money.
The procedure for inheriting the insurance part of the pension
Since the inheritance of insurance savings is impossible, then no one can claim them. There is no alternative procedure for taking possession of such funds.
In general, the unpaid part of the pension is also a share of the inheritance, but if for six months none of the citizens has declared their claims to receive such funds, then the savings will be transferred to the state. The exception is cases of extension of the terms of hereditary proceedings.
A citizen has the right to determine in advance the legal successors of his pension savings and the shares in which these funds will be distributed among them in the event of his death. To determine the successors, you must submit an application to the Pension Fund of the Russian Federation (or to the NPF, if pension savings are formed in it) and indicate your successors and the shares in which the savings will be distributed between them.
The legal successors of pension savings may be the persons indicated in the application of the citizen. In the application, you can also determine in what shares these funds will be distributed between them.
If there is no such statement, then relatives are considered successors:
- first of all, children, including adopted children, spouse and parents (adoptive parents);
- secondly brothers, sisters, grandfathers and grandchildren.
The payment of pension savings to relatives of the same stage is carried out in equal shares. Assignees of the second stage are entitled to receive pension savings if there are no relatives of the first stage.
Pension savings funds can be paid to legal successors if the death of a citizen has occurred:
- BEFORE appointment payments to him at the expense of pension savings or before recalculating its amount, taking into account additional pension savings (with the exception of maternity (family) capital funds aimed at forming a future pension);
- AFTER appointment him an urgent pension payment. In this case, the successors are entitled to receive the unpaid balance of pension savings (with the exception of maternity (family) capital funds used to form a future pension);
- AFTER assigned but not yet paid him a one-time payment of pension savings. It can be received by family members of a deceased pensioner (subject to cohabitation with him), as well as his disabled dependents (regardless of whether they lived together with the deceased or not) within 4 months from the date of death of a citizen. If these persons are absent, the amount of the lump-sum payment is included in the composition of the inheritance and is inherited on a general basis.
If the payment of a funded pension (indefinitely) was established for a citizen, in the event of his death, the funds of pension savings are not paid to the successors.
The procedure for the payment of pension savings to legal successors
In order to receive the funds of the pension savings of a deceased citizen, the successors must, no later than 6 months from the date of his death, personally, by mail or through a representative, apply to the Pension Fund of the Russian Federation or the NPF.
ATTENTION! If you missed the specified period, it can be restored only in court.
It is necessary to present documents confirming family relations and documents of personal storage. The list of required documents is determined by the Rules for the payment of pension savings, approved by Decrees of the Government of the Russian Federation of July 30, 2014 No. 710 and No. 711.
The payment of pension savings to the legal successors of the deceased insured person is carried out no later than the 20th day of the month following the month in which the decision on payment was made. The decision on payment is made within the seventh month from the date of death of the citizen. A copy of the decision to pay (refuse to pay) the FIU sends to the successor no later than 5 working days after the decision is made.
Retirement savings can be obtained:
- through the post office
- by transferring funds to the bank account/bank accounts of assignees
