Unfortunately, death does not choose, it happens that people who are still young, able-bodied, who were dependent on both young children and elderly parents, die and die from diseases. Partial compensation for the earnings that the deceased brought to the family is provided for by Article 9 of the Federal Law "On Labor Pensions in the Russian Federation" No. 173-FZ of December 17, 2001.
Who is entitled to a survivor's pension?
The survivor's pension is awarded to disabled family members of the deceased who were dependent on him:
- a spouse or parents who are disabled or retired by age;
- minor children, grandchildren, brothers and sisters under the age of 18, including those who were born within 9 months after the death of the breadwinner;
- minor children, grandchildren, brothers and sisters studying full-time in any special educational institutions, until the end of their studies or until reaching the age of 23;
- Relatives of any age caring for the children of the deceased breadwinner before they turn 14.
The grandchildren, brothers and sisters of the deceased will receive a pension if their parents' incapacity for work is proven in court. Children born in a common-law marriage can also receive a survivor's pension if they were officially adopted by him or paternity was recognized by a court decision. The care pension is awarded to only one of the relatives, regardless of the number of minor dependents.
The size of the survivor's pension
Minor children will receive a pension until a certain age, but dependents - disabled people and parents for the rest of their lives. In general, the size of the pension is set at 50% of the breadwinner's income for each disabled family member, but its minimum amount is limited to 2/3 of the minimum old-age pension. The maximum also has its own limit - this is the minimum old-age pension. In the event that the number of disabled family members exceeds 2 people, the pension will be paid alone in the amount of 100%. The pension file is opened for the remaining parent or guardian.
There are exceptions to this rule. If the loss of the breadwinner occurs in the event of a military injury, each disabled member of his family will receive a pension in the amount of the minimum old-age pension. If the children have lost both parents or they are children of a single mother, the amount of the pension for each is set by a factor of 1.5 in relation to the minimum old-age pension.
In 2014, the indexation of pensions was provided for on February 1 and April 1, but the government promises that if inflation exceeds the possible rate, the indexation will be made for the third time.
Please note that you must submit documents for calculating the survivor's pension within 12 months from the date of his death. In this case, it will be credited from that day, but if the application is submitted later, the family members of the deceased will receive it from the day the application was submitted.
