In the event of the death or death of a breadwinner, his dependents have the right to receive financial assistance from the state. The spouse of the deceased can also apply for payments if certain conditions are met and the necessary documents are available.

Is the wife of the deceased entitled to a survivor's pension?

According to the law, the wife of the deceased, in addition to a lump sum payment on the occasion of the death of her husband, is entitled to a monthly allowance from the Pension Fund. The spouse of the deceased may be assigned one of three pensions:

• Insurance. It is assumed that the deceased had at least one day of insurance service, and his employer made contributions to the Pension Fund.
• Social. Accrued in rare cases.
• State. Appointed if the deceased spouse was a military serviceman, suffered as a result of man-made or radiation disasters, or was an astronaut.

Please note that pension benefits are assigned to a widow if she was completely dependent on her husband. Along with this, in some cases, payments may also be accrued to those wives who were working.

Legal regulation

Issues related to the calculation and conditions for receiving pension payments in the event of the loss of a spouse are regulated by various legislative and regulatory acts, among which it is important to pay special attention to the following documents:

• Law No. 400-FZ (December 28, 2013) “On insurance pensions”;
• Law No. 166-FZ (12/15/2001), “On state pension provision in the Russian Federation”;
• Order of the Ministry of Labor No. 958n (November 28, 2014), which contains a list of necessary documents for calculating insurance pension benefits in the event of the loss of the sole breadwinner.

Conditions of appointment

A survivor's pension is granted to a wife if several important conditions are met:

Please note that, as such, a social pension in the event of the loss of a breadwinner is only due to the child of the deceased, but according to the information provided on the official website of the Pension Fund, allowances are also assigned if the death of the husband is associated with the commission of a criminal act by the wife, which:

• resulted in the death of the breadwinner;
• established in court.

How much is the survivor's pension?

The allowance is paid to the widow monthly. The size of the survivor's pension is usually indexed annually to the inflation rate. The following values ​​are set for 2019

How to apply for pension payments to the widow of a breadwinner

Registration of benefits occurs on the application principle. This means that the applicant must independently apply for his appointment. The registration process consists of several steps:

1. Prepare the documents necessary to assign allowances.
2. Contact the Pension Fund or the Multifunctional Center (MFC).
3. Submit an application, attaching the collected package of documents. This can be done in person, by mail or through a legal representative. It is possible to submit an application through your personal account on the Pension Fund portal.
4. Wait for the decision to be made.

State and social pensions due upon the death of a husband are assigned to the widow from the beginning of the month in which the woman applied for payments, but not earlier than the day on which the right to accrue pension benefits arose. The survivor's insurance pension is calculated:

• from the date of the husband’s death, if the widow applied for payment within 12 months from the date of the right to receive money;
• from the month of application, if the application and documents were submitted 12 months after the date of the citizen’s death.

The insurance pension consists of a fixed part, the amount of which is determined by law and revised annually, and a so-called surcharge, which is taken into account in the calculation.

In cases of loss of a breadwinner, a dependent person may qualify for support from the state through the payment of a survivor's pension.

In what cases is this possible?

The legislative basis for the transfer of pension payments related to the loss of a survivor is, as well as laws regulating the provision of pensions to certain categories of citizens - employees of the Ministry of Internal Affairs, the penal service, military personnel and others.

Based on the law claim payment A spouse can have this category of pension if she:

1. Is disabled (has status, is a pensioner);
2. Provides care for a child of a deceased person who is under 14 years of age;
3. Lost sources of livelihood.

If the spouse registers a new marriage in the prescribed manner, the law provides for the preservation of this type of pension.

Registration procedure

To obtain security, you should contact the pension department at your place of residence with a package of documents required by law.

The period during which employees study the information contained in the documents cannot exceed 10 days from the date of their registration. When information is not provided in full, the period is extended until the fund employee is provided with the entire list of necessary papers.

The day of assignment of payment of pension funds is the day of direct contact with the fund and submission of information.

If the application was made no later than a year from the date of death of the spouse, then the day of assignment of payment of funds is the date recorded in the document on his death. If the application was made later than a year, then the day of appointment is the day that occurred one year earlier than the application.

Transfer of funds pension benefits begin in the month following the month of application to the pension office.

List of required documents

In order for pension payments of this category to be processed, you must submit below listed documents:

In case of payment by wives employees of the Ministry of Internal Affairs and military personnel , the following documents are required:

1. Military ID of the deceased;
2. A document confirming the position of the deceased on the date of death;
3. Death certificate;
4. Medical report on the existence of a connection between the occurrence of death and injury or illness received during service;
5. Information about the absence of a new marriage registered in the prescribed manner.

The procedure for calculating the amount of benefits

To calculate the amount use following formulas:

For the amount of security influences the duration of employment of the deceased person, as well as the amount of insurance contributions transferred by employers.

For ease of calculation, you can use the online calculator service on the Pension Fund website. To do this, you need to fill in the proposed fields, after which the service will automatically carry out the calculation.

Features of accrual and payment

For military personnel

As previously mentioned, the transfer of this type of pension to the wives of persons who had the status of military personnel is carried out using the Law “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances” substances, institutions and bodies of the penal system, the Federal Service of the National Guard of the Russian Federation, and their families.”

This document enshrines a number of conditions, subject to which the spouse of the deceased has the right to apply for a survivor's pension. These include:

1. The death of the husband occurred during the period of service or after dismissal, but the cause of death was an illness or injury received during the performance of official duties;
2. The spouse died after completing the procedure for obtaining a military pension;
3. The husband died while in captivity or was declared missing.

In addition, it is installed a number of requirements, which are presented to the wife of the deceased. She should:

• be recognized as incapable of work (have a disability confirmed by a document or other way to confirm the loss of the ability to work);
• care for a child under 8 years of age.

Common-law spouse

In accordance with the provisions of the Law on Insurance Pension, the right to receive pension payments in the event of the loss of a breadwinner can be claimed by persons who were dependent on him:

In accordance with the country's family legislation, marriage is recognized only if it is concluded in the registry office. Respectively civil relations are not recognized as family ones.

However, when the deceased person and his common-law wife have common children , in whose birth certificate there is a note about the father, then in this case the common-law spouse can apply for a survivor's pension for these children, acting as their representative.

To learn about receiving survivor benefits in this situation, see the following video:

What should a widow do if the only breadwinner of the family has died, been killed, or gone missing? How and with what means can we grow and raise young children if there is no one to look after them? In this sad case, the state provided financial support to the close relatives of the deceased citizen, if during his life they were fully supported by him.

But such payments are not granted to everyone, and in cases specified by law.

To whom is it entitled, under what conditions?

In the event of the death of a husband or another close relative, or the court declares him missing, the wife, mother or sister has the right to refuse her pension provision and take out his pension, which he would have received if he had remained alive.

There are three types of pension benefits for the loss of a breadwinner:

• State support.
• Insurance payments.
• Social charges.

In the video - a survivor's pension for the wife of the deceased:

State support

This type of pension can be assigned to any close relative of the deceased person. It can be issued only if the only breadwinner died during the hostilities leading our country. This primarily applies to military personnel on active duty or under contract, as well as to persons involved in space development. They are also joined by relatives of people who died during high radiation levels or other man-made accidents.

The wife of the deceased has the legal right to obtain such a pension under the following circumstances:

• In the case of young children, brothers and sisters of the deceased spouse, regardless of how old she is. Minor children must be under 14 years of age and have a legal basis to receive it.
• When the wife reaches 55 years of age, provided that she did not remarry, and the death of the serviceman occurred while performing his duty to the country.
• Upon reaching the age of retirement.
• If the spouse has category 1 disabled status.

Insurance payments

These accruals can only be received if the deceased has insured his pension contributions, and is calculated based on the specific length of service of the policyholder. Until recently, this type of pension accrual was called labor contributions.

It can be received by disabled close relatives who were fully supported by the deceased. And a widow can apply for it regardless of her age and the fact that she is dependent on her spouse.

If she committed a criminal act, as a result of which her husband died, a pension cannot be awarded.

Social charges

This type of pension provision can be obtained even if the deceased did not have the required insurance period for payments, or he is not classified as a special category of persons, after whose death benefits for the loss of the sole breadwinner are necessarily accrued. This means that he was not involved in space development, did not serve in hot spots on behalf of his homeland, or did not die in a radiation or man-made disaster.

Even the wife who committed an atrocity against her husband, as a result of which he died, will be able to receive this type of accrual.

How to apply

If a widow falls under one of the above requirements, then she has every reason to apply for a pension benefit, subject to a certain procedure:

• Collecting the necessary documents.
• Preparation of a petition for the allocation of her deceased husband’s pension.
• Transfer of the kit and application through the local branch of the Pension Fund or multifunctional center at the place of permanent registration.

Video on how to apply for a pension:

Paper submission options:

• Through an attorney with a notarized power of attorney indicating specific powers.
• By sending registered mail with a list of attachments.
• Through the State Services website in the social assistance section.

You should prepare all the documentation in advance according to the following list:

• Petition, in which indicate personal and passport information, permanent registration address, and citizenship.
• Marriage certificate, stating close family relationships.
• General passport the applicant or attorney of record with authority to file the documents.
• Any document that can confirm the age at the time of death of the spouse(general civil passport or military ID).
• Death certificate of spouse, issued by the Civil Registry Office.

If you expect to receive insurance payments, you must provide an insurance document, usually SNILS, and a certified copy of the ore book, confirming the period of contributions to the insurance pension fund.

Additional documents

In addition to the main list, in other cases an additional list of documentation may be required:

• Confirmation of the fact of being a dependent(disability, raising young children).
• Absence or loss sources of income.
• Judgment on declaring a spouse missing.
• Certificate from the medical board on the appointment of an incapacitated disability group.

In the case of a state pension, the spouse should submit to the PF inspector certificates of the length of military service or the number of years worked at the enterprise where a man-made disaster occurred in which the breadwinner died. The statement must indicate the cause of death.

But in all cases, you can count on receiving security if one condition is met - she should not enter into a second marriage.

Pension amount

Features of calculating and paying a pension to the wife of a military man

The laws of the Russian Federation established the amount of pension provision for the widow of a deceased serviceman:

• 30% of the amount due for allowance, that is, the base rate for calculating the pension provision of a military personnel.
• 40% of the amount due for allowance if, as a result of his service, he became disabled.

Moreover, the widow has the right to choose one or another pension scheme for the loss of a breadwinner.

These provisions apply to all widows of military personnel, all branches of the military and military ranks.

Under insurance pensions Children under 18 years of age (up to 23 years of age in full-time education) are entitled to monthly compensation payments for the work or performance of official duties of the deceased breadwinner until he is assigned an appropriate pension. In turn social pensions accrued in social security format. *

(* There is a complete analogy with this, paid both in the form social insurance, and in the form state social security. )

The conditions and procedure for providing these compensations are established in the articles of federal laws:

• “About insurance pensions” dated December 28, 2013 No. 400-FZ;
• “On state pension provision in the Russian Federation” dated December 15, 2001 No. 166-FZ;
• on pension provision for military personnel and members of their families dated February 12, 1993 No. 4468-1.

The following categories of citizens can count on pension provision:

• insurance pension- children of workers (who had official work experience);
• military pension- family members of military personnel;
• social pension- children of disabled citizens who did not have insurance (work) experience;
• state pension- children of citizens affected by radiation and man-made disasters.

Read more about the types and amounts of pensions in Russia (including pensions granted for children) on the specialized portal pensionology.ru.

The child’s representative (parent, adoptive parent, guardian or trustee) has the right to apply for registration of this type of pension provision at any time after the corresponding right arises, but until the child becomes able to work.

Survivor's insurance pension

In general, the law provides for the assignment of insurance pensions to citizens who paid insurance premiums for compulsory pension insurance, and dependent members of their families. In this case, the pension authorities take into account the following circumstances:

• When calculating pensions, the concept is used insurance period- the period of performance of certain work by the breadwinner, for which contributions were made to the Pension Fund (PF);
• length of service, the amount of contributions paid to the Pension Fund, temporary refusal to receive an insurance pension (optional) affect individual pension coefficient(an indicator reflecting the pension rights of accrual recipients);
• other concepts relating to pension provision for children and other dependents in the event of the loss of a breadwinner are reflected in Art. 3 of Federal Law No. 400-FZ;
• minor children who already received a pension (for example, a social disability pension), for whom the income of the breadwinner was the main means of subsistence, are given the right to switch to his insurance pension payments.

Upon conscription - state pension provision

Conclusion

The state, by regulations, guarantees monetary security the least protected members of society after the loss of their breadwinner. Can count on an insurance pension children of workers, employees and military personnel who died while performing their duties, as a result of an unforeseen situation or after being injured at work.

The size of children's pension payments will depend on the parent's insurance record, the child's ability to work and age, the conditions of the death of the breadwinner and other indicators. If a child is not entitled to an insurance pension due to the death of his father or mother, he will receive a social pension.