The procedure for calculating pensions has changed somewhat after the approval of Federal Law No. 400 in 2013. The very concept of a pension was divided into parts, one of which is called insurance and is calculated using individual coefficients. The other part is cumulative, which is calculated in accordance with the previous rules. The insurance pension is divided into types, one of which is the payment to those who have lost the breadwinner. It is described as a supplement to the finances that some family members of an insured person may receive in connection with his death.
According to the updated law, the concept of "labor pension" no longer exists - it was replaced by an insurance one. This is a payment that the state guarantees to persons who have reached the age of incapacity for work, and is intended to compensate for lost income.
The law on insurance pensions (Article 12) indicates the main difference between the labor monthly payment - in the past, its size directly depended on the amount of money transferred to the PFR by the employer. For insurance pensions, the length of service is more significant.
Survivor's pension - what is it?
Previously, the labor pension consisted of the basic and insurance payments. The amount of funds assigned under the SPK depended on the deceased's salary, working hours and the amount transferred by the employer. Then this part was separated as an independent species. It began to be determined depending on the IPC scores and the length of service of the deceased. The size of the salary most directly affects the number of points.
Who is eligible for SPK payments?
The disabled relatives of the deceased who were dependents of the deceased have the right to receive a survivor's pension. These include:
1. Young children, sisters and brothers of the deceased, grandchildren - minors or disabled. This category includes full-time students under 23 years of age.
2. The husband or wife of the deceased, parents and their parents, children of the deceased or other relatives who do not work and look after his young children (under 14 years of age).
3. Grandparents, parents or spouses who are at retirement age or have a disability.
Terms of appointment
In order for the authorized bodies to be able to assign a payment in connection with the loss of the breadwinner, certain conditions must be met:
1. The deceased breadwinner must have insurance experience (from one day or more).
2. The applicant for the pension did not commit any illegal acts that could result in the death of the breadwinner.
3. The person whose rights are being submitted to the Pension Fund was dependent on the deceased.
If the deceased did not work, they assign social benefits in accordance with the norm prescribed in the law on pension provision No.166.
If a person has disappeared and does not give news about himself, he can be recognized in court as “missing”. Such a citizen is equated to a deceased breadwinner.
When and in what order is assigned
The pension will be awarded from the day the grounds for it arise, that is, from the date of the death of the breadwinner. If, for some reason, a person did not apply for her appointment immediately, but did it after many months, the payment will be made for this entire period.
The application for appointment will be pending at the PF within 10 days. If there are not enough documents, the process will have to be suspended until they are provided.
Such payments are assigned for the entire period until the dependent is disabled. In some situations, the SEC pension is granted indefinitely.
If the spouse of the deceased breadwinner, receiving a compensation payment from the state, remarries after some time, the labor pension in the event of the loss of the breadwinner remains with her.
To apply for the appointment of a pension under the SEC, you can contact the Pension Fund at any time with the entire package of documents.
SEC pension size
The fixed (base) size is 2402 rubles in 2017 and will increase depending on the increase in consumer prices. Its appointment is made at the same time that the survivor's insurance pension is established.
The calculations are carried out according to special formulas, which are selected depending on whether the breadwinner was a pensioner at the date of death.
If a person who is already receiving a pension of a different type loses a breadwinner, he acquires the right to receive payments under the SEC. But only one measure of state support will be assigned for him - you can choose the one that is larger in amount.
