The procedure and list of necessary documents for transferring to the husband’s pension after his death

Law on receiving a deceased husband's pension

Extract from Article 38 of Federal Law-111

There are several documents that allow a wife to receive her deceased husband’s pension:

• FZ-111;
• FZ-173;
• Family Code of the Russian Federation;
• FZ-400.

These are the main legal acts that regulate this possibility. It’s worth doing this if he had a high income, and she had a pension equivalent to the subsistence level.

The law has several reservations, so you should not count on 100% of the payments that the man received before his death. In some cases it is impossible to receive even 50% . Everything is calculated individually by Pension Fund .

Is it possible to transfer to my deceased husband’s pension if it is greater than mine?

How to apply for your spouse's pension

You cannot apply for a deceased spouse’s pension for yourself (except for military personnel...), but you can receive an accrued and unpaid pension (see below), and apply for a survivor’s pension or additional pension payments.

As a general rule, the territorial body of the Pension Fund of the Russian Federation stops paying the insurance pension in connection with the death of a pensioner from the 1st day of the month following the month in which the death of the pensioner occurred (clause 1, part 1, article 25 of the Law of December 28, 2013 No. 400-FZ ).

Can a wife receive her husband's pension after his death?

A woman is counting her pension

The widow is entitled to her husband's pension , subject to a number of important nuances , but the widow is not always awarded the full amount. But there are cases when payments occur in double size. But the woman is then obliged to give up her pension, since it is impossible to receive two at a time on the basis of current legislation. At the same time, it is difficult to calculate in advance how much a woman will receive after switching to her husband’s income. There are several nuances:

• whether the spouse was one of the persons receiving benefits under federal law;
• how many years of experience did the husband have and what salary did he receive?

Important . Re-registration of payments from the husband to the wife after the death of the first is provided if the wife has a disability group. When she is an able-bodied woman, she cannot claim this income. It is required to submit an application within the first 6 months from the date of death to assign his pension to her. Interestingly, a woman who does not receive a pension because she does not meet the requirements for its registration will receive money after the death of her husband. Pension Fund employees cannot refuse to accept documents.

You can download a sample application for pension transfer.

If for some reason they refuse, you must receive written notification . It is possible to consult with a practicing lawyer to determine the validity of the refusal. When it is unfounded, it is possible to collect the required evidence and go to court to restore the citizen’s rights.

Payments after the death of a husband

Receiving a one-time cash payment

In Russia, the form of law is indicative, so no one will tell her to go and formalize payments; the absence of an application means that the citizen does not need financial support.

Important . When the husband was born in 1967 and later, and his wife was a dependent, then she can receive:

• unpaid benefits for the month in which he died;
• the funded part of the pension (money held by the Pension Fund, and not the NPF, is now frozen on the basis of a moratorium, so it is impossible to receive it);
• personal funds that the man transferred to the Pension Fund account to increase his pension.

It is necessary to apply no later than 4 months for money that was not received by the husband during his lifetime and no later than 6 months in all other cases.

It is possible to extend the period of application through the court if the woman was undergoing treatment, was abroad and did not know about the death of her husband, or was serving a sentence.

How to switch to a survivor's pension

The widow can personally contact the employer to transfer the deceased spouse's pension to her own account - or use the services of a representative.

Where to go

An application for assignment of security under the SPC is submitted to the Pension Fund at the location:

• residence;
• stay;
• actual residence.

You can contact:

• directly visiting the PF;
• by sending a letter by mail;
• on the official website of the Foundation;
• through MFC.

You may need the following documents:

Application for granting a pension under the SPC Rules for filling out an application for receiving a pension under the SPC List of documents for the application for receiving a pension under the SPC

How are payments to the widow and the moratorium on the funded part of the pension related?

Freezing pension savings

Citizens understand how the freezing of the funded part of their pension affects them when they come into contact with it. Before this, they have no idea how important this measure is, adopted at the federal level. According to the moratorium, money that is transferred to Pension Fund accounts from citizens through their employers automatically goes to the budget of the Russian Federation . Now it has become another tax that forms a budget revenue line.

Here is the relationship between the moratorium and the ability to receive the husband’s pension:

• when calculating, the accumulative part of the deceased is not taken into account;
• the money that the citizen transferred through his employer to the Pension Fund remains in the state;
• the only way not to lose this money is to transfer the money to a non-state pension fund, but now that the moratorium is in effect, this is problematic, since the application is often refused.

Thus, the division of pension contributions into funded and insurance does not work in favor of Russian citizens . According to Topilin, there is no likelihood of this money unfreezing in the foreseeable future.

Survivor's benefit: types

Lonely elderly woman

There are several types of benefits that are provided by law. It is worth understanding in more detail what a wife is entitled to after the death of her husband.

Table 1. Types of survivor benefits

Based on the data in this table, it is clear that a citizen can receive various payments after the death of her spouse. But for this she herself must be Russian, Belarusian or Kyrgyz.

Documents for re-registration of pension

An elderly woman collects the necessary documents

Their list is indicated in federal laws and departmental orders, based on the status of the deceased citizen. Here's what you'll need to provide by default:

• passport;
• marriage and death certificates;
• certificate of receipt of pension;
• TIN;
• work book of the late husband;
• military ID;
• income data for the last 60 months.

Important . It cannot be expected that 100% of the spouse's pension will be allocated to the widow. The payment is calculated based on the husband’s length of service and salary during his lifetime. It consists of the following:

• base or fixed part;
• insurance, which is calculated individually by Pension Fund employees.

It is recommended that you first check with Pension Fund employees how much a widow can receive after the death of her spouse in order to understand how appropriate it is to collect the required documents and provide them for processing survivor benefits.

What documents are needed to apply for a husband’s pension for himself after his death in 2021

When applying for a survivor's pension, the widow is obliged to write an application to the Pension Fund at her place of residence and attach the required documents from the list to it: - an identity document (civil passport); – SNILS and INN; – document on the death of the husband; – a certificate confirming the fact of marriage; – documents by which one can determine the insurance period. This may be: work book, certificates, military ID and other documents about the work of the deceased; – a document on the average earnings of the breadwinner for 60 months;

In addition, in some cases additional documents may be requested:

– confirming that a disabled person is dependent on a deceased man; – loss of source of livelihood.

How to get your husband's pension after his death - step-by-step instructions

This is not always advisable. It is necessary to deal with registration when the spouse was given a high salary during his lifetime and, in fact, the family lived on it. After this, he is given a decent pension. A wife, if she was forced to live with her husband without work (for example, in a military unit), upon reaching retirement age, receives only the insurance portion and allowances to achieve the subsistence level. However may also be denied if there is no certain number of pension points by the time of retirement.

Step 1. Collection of required documents. If you have any doubts that the list below is incomplete, you can call the Pension Fund hotline to its employees. After receiving the list that is current at the time of registration, you can start collecting documents.

Step 2. Contact Pension Fund employees. It is recommended to make an appointment in advance through the official portal of this organization. This will save time in obtaining the required service.

Step 3. Carrying out the necessary actions to calculate the amount in favor of the widow.

Step 4. Granting a waiver of your pension benefits if they are less than the estimated income from your deceased husband.

Step 5 . Waiting for the application to be reviewed and making the appropriate correction entries to recalculate the payment amount.

Important . It is required to contact the Pension Fund employees before the expiration of 6 months from the date of the death of the spouse. Otherwise, the widow will have to be content with her income, which is provided for by current legislation. If a widow is disabled or cannot get to the Pension Fund office due to other circumstances, she issues a power of attorney to any person whom she trusts and who is ready to represent her interests in various structures. It needs to be notarized. A notary’s visit to your home and execution of the necessary document costs no more than 3,000 rubles.

You can make an appointment with the Pension Fund through State Services or the website of this structure. It is necessary to understand that synchronization does not occur immediately, so two people can be recorded for the same time. No one will be refused admission; both will be accepted.

How to receive a military pension

Military Commissariat

There are several important features when receiving a military personnel’s pension, since his pension is not issued through the Pension Fund. These are departmental payments that are transferred through the Ministry of Defense.

It is necessary to follow a certain algorithm to transfer pension payments to your wife:

• write an application addressed to the military commissar to provide the spouse with benefits and accruals that were paid to her husband until the moment of death;
• provide your passport, your husband’s military ID and his file;
• presentation of an application and a package of documents.

Important . After the deceased's pension is awarded to the widow, all benefits remain. This means that she can now receive these benefits. A complete list can be obtained from employees of the department where the deceased worked.

You can receive income for your husband’s service if one of the following conditions is met:

• spouse is missing;
• death dates back to transfer to reserve;
• injury that resulted in the death of the employee;
• death during service.

A supported widow or disabled person (documents about disability must be attached) also has the right to payments . Double payments are due to the wives of astronauts, military personnel who died in service in peacetime, and liquidators of man-made disasters (Mayak, Chernobyl Nuclear Power Plant).

Important . Often the military commissariat refuses payments after submitting documents. This happens in about 90% of cases. Then you need to go to court. After reviewing the evidence, a decision is made and passed on to the military registration and enlistment office employees. They register the document and submit it to the accounting department for calculation of payments. All those funds that were not received during the legal proceedings must be cleared to the wife of the deceased.

Benefits after the death of a husband

Military registration and enlistment office employee works with documents

Their list depends on the category of beneficiaries, the department where the deceased worked and a number of other factors. Here are the unconditional benefits that are provided to a widow after the death of her husband:

• travel on municipal transport;
• travel to the sanatorium/dispensary;
• rest and treatment in a departmental sanatorium.

Additionally, it is possible to receive a discount on utility bills, payment of property, land and transport taxes, and so on. The full list of benefits transferred to the widow can be checked with employees of the Pension Fund, social benefits or the department where the spouse worked.

Does the widow retain her right to her own benefits?

Widow counting her income

If the widow had the right to benefits before the pension was reissued, then it is necessary to take into account why they were provided to her. Here's when all available benefits are retained:

• status of a veteran of labor, war or the presence of insignia of the USSR or the Russian Federation;
• disability;
• work in hazardous industries until retirement.

If the widow managed to apply for benefits as a low-income person after the death of her husband due to low income, then they will be canceled immediately after the spouse’s income is transferred to the wife . Cancellation is also provided for in case of refusal to provide a disability group after the next medical examination.

That is, it is necessary to study in a specific case what benefits are provided and on what basis in order to understand what will remain with the citizen after receiving the income of her late husband.

How to get your husband’s pension savings if he doesn’t live to see retirement

This possibility is provided by law. To do this, you need to know in which NPF the citizen’s money was kept. After writing an application for payment and providing certain documents, the payment will be made. You will need to provide:

• passport;
• death and marriage certificates;
• document confirming entry into inheritance;
• statement;
• details where to transfer money;
• SNILS of the spouse.

Each NPF has its own application form. Sometimes there are no company branches in the city where the wife of the deceased is located. This happens due to the internal policy of the company when the company has decided to close the office. Then you don’t have to go to another city to make a payment. All you have to do is send a letter. This form of communication takes a long time, but you can save money. Especially if you need to travel to another region.

Important . If the widow did not have time to contact the Pension Fund for good reasons, she can restore the period through the court. To do this, you need to file a corresponding claim and attach documents that confirm the impossibility of contacting Pension Fund employees to transfer the income of the deceased to yourself.

A divorced marriage does not give the wife the right to her husband’s income and savings. This money will be distributed evenly among the heirs. An exception is if the citizen wrote a will transferring to his ex-wife the entire funded part of the pension from the NPF.

Can a spouse receive a deceased spouse's pension in 2021?

Reading time: 3 minute(s) After the death of a spouse who received a higher pension, life for his family can become much more difficult. However, any citizen of the Russian Federation has the legislative right to transfer the pension of a deceased spouse to himself. In this article we will look at how to transfer to the pension of a deceased retired spouse, and what features this process has.

Is the pension of the deceased inherited?

Transferring to the pension of a deceased life partner is the right of a spouse, which is legally enshrined in the regulations of the Russian Federation. The transition to payment of a deceased pensioner can occur at the request of the widow or widower. However, this procedure is not as transparent and simple as it might seem at first glance.

Federal Law No. 53-FZ explains the rights and obligations of potential recipients of these funds. In particular, part of the income can be received not only by the spouse of the deceased pensioner, but also by other dependents whom the deceased provided for.

Can a spouse receive the deceased spouse’s pension instead of his own?

The law does not limit the right of pensioners to receive a pension for a deceased spouse after his death, and in the event of an increase in their own accrued benefit, this process can be canceled. But to implement the receipt procedure, you must meet certain requirements. Thus, in order to switch to her husband’s benefit, the wife needs to contact the Pension Fund no later than six months after his death. If there were circumstances that prevented the documents from being completed on time, then in order to restore the right to receive benefits for the deceased, a court decision is required, which will determine how objective the reason for the delay was.

Dear readers ! To solve exactly your problem, call the number or website. It's free.

Dear readers ! To solve exactly your problem, call the number or website. It's free.

After the death of the citizen receiving it, the pension is divided into two parts, while the funded one is equated to an inheritance, which means it will be distributed among his heirs - given to them in cash or transferred to specified accounts. The size of such a payment is on average 30-35% of the amount of accrued funds to the deceased citizen. The coefficients used in the calculation are quite complex; it is often impossible to calculate the amount of money paid with your own hands, so it is better for the wife of the deceased to contact the Pension Fund to make preliminary calculations. The procedure for inheriting the insurance part is not carried out under current legislation.

Consideration of the calculation of payments is made in accordance with the papers on the insurance period and wages of the deceased. If the amount of new calculations is less than the amount of payments already accrued, then the transition to the spouse’s pension will not be rational.

It should be noted that, according to current legislation, a widow has the right to choose from two options - to continue receiving her labor pension or to switch to the deceased’s benefit. She cannot arrange two collaterals at the same time.

How to transfer to a deceased husband's pension?

A widow can personally contact the Pension Fund to transfer the deceased spouse’s pension into her own account or use the services of a representative. In any case, you must have a package of necessary documents and a completed application in the prescribed form.

Where to contact?

An application for transfer and assignment of security is submitted to the Pension Fund at the place of residence, stay or actual residence. You can submit an application through a direct visit to the territorial department of the Pension Fund, by sending a letter by mail, or by submitting an application on the official portal of the Fund or through the MFC.

What documents are needed?

The list of necessary documents, without which it will be impossible to transfer to the pension of a deceased spouse, is specified in the regulations of Order of the Ministry of Labor and Social Protection No. 14 of January 19, 2016. The papers include:

• documents confirming the citizen’s identity (citizen’s passport or birth certificate);
• and documents confirming the death of the spouse and relationship with the deceased;
• papers indicating that the deceased has insurance coverage.

All documents must have a number, date of issue, and signature of the employee who issued them. If the necessary documents are not available, the applicant is given 3 months to provide them.

What will happen to benefits?

At the legislative level, there is a special category of widows who have the right to claim benefits even after the death of their spouses. For women who did not work in connection with the move to the place of service of their military husbands and were not able to accumulate work experience for the calculation of benefits, monetary support is considered separately.

The pension for widows for the loss of a breadwinner, whose death occurred as a result of the performance of official duty, is calculated in a different way. It is equal to approximately 40% of the payments if the deceased spouse served in the Ministry of Internal Affairs, was a military personnel or contributed to the liquidation of the Chernobyl accident.

Pension accruals for military personnel and their spouses also differ from standard labor accruals. If in general cases the spouse of the deceased does not have the right to receive benefits for her deceased husband, widows of military personnel who died in service, participants in combat operations in “hot spots” or veterans of the Great Patriotic War have similar privileges.

Detailed information about the process of transferring to a deceased spouse's benefit can be found here:

Thus, the state allows spouses to receive pension payments for their deceased husbands in cases where they refuse their own benefits. However, the re-registration process involves a lot of nuances associated with the calculation of pension payments and the preparation of the required documents.

Dear readers ! If you need specialist advice on pensions and state benefits, we recommend that you immediately contact qualified practicing lawyers on social issues:

Dear readers ! If you need specialist advice on pensions and state benefits, we recommend that you immediately contact qualified practicing lawyers on social issues:

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