How to calculate a pension for a wife from a deceased husband

Is it possible for a wife to transfer to her deceased husband's pension?

It is impossible to transfer your late husband's pension to yourself based solely on personal desire. In such circumstances, if the death of a spouse entails the loss of basic financial support for his dependents, the relatives of the deceased have the right to apply for another type of pension - a survivor's pension.

At the same time, current legislation prohibits a spouse who has lost her sole breadwinner from claiming other types of pension payments, even if she has sufficient length of service to qualify for a pension.

In accordance with the provisions of Articles 5 and 9 of Federal Law No. 173-FZ of December 17, 2001, the wife of the deceased has the right to choose one of the types of labor pensions provided for by law. Therefore, in order to receive a survivor's pension, a woman must write a waiver of her own pension provision.

Thus, the common opinion about the possibility of transferring to the husband’s pension is fundamentally wrong. After the death of her husband, a woman can receive a pension, the amount of which will really depend on the size of her husband’s pension in accordance with his length of service and the amount of transferred insurance contributions.

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

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.

After the death of a spouse who received a higher pension, life for his family may 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.

By the way, you need to contact the Pension Fund for another reason. Every citizen is entitled to a funeral benefit. The state compensates part of the costs of funeral services. But only if the pensioner did not work. If you worked, then the application must be submitted to the employer. And he will pay the money from the Social Insurance Fund (SIF).

Most pensioners now do not wait for a visit from a postal employee, but simply receive money on a bank card. But the Pension Fund does not advise withdrawing a pension after the death of a relative. And that's why. The pension is paid for the current calendar month. That is, if a pensioner receives a pension through a bank on the 3rd of the month, and died on the 30th, then information about his death will reach the Pension Fund in a week at best. During this time, documents for the payment of the next pension will already be generated. The pension for the new calendar month will be credited to the card. But her relatives cannot use it. If they withdraw from the card, the money will have to be returned to the state. There have already been such precedents.

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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.

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).

What pension will she receive?

If the death of the breadwinner occurred as a result of an injury at work or an acquired occupational disease, payments are assigned in the amount of thirty percent.

Note! The process of calculating and assigning a pension to the widow of a deceased spouse is quite complex and depends on a number of legally significant circumstances:

the presence of reliable information that the wife was supported by the deceased spouse,
the deceased’s belonging to one of the special categories of citizens provided for by law (EMERCOM employees, military personnel, Chernobyl victims, including accident liquidators, and other preferential categories of citizens),
the number of family members who were dependent on the deceased breadwinner.

The right to receive pension payments in connection with the loss of a breadwinner arises simultaneously with his death. The powers to calculate and assign such payments are vested in government bodies represented by the Pension Fund of Russia.

How to receive pension savings of a deceased spouse?

How to calculate the amount of cash payments

This type of pension provision is more correctly considered as a survivor’s pension, rather than a husband’s pension, since with the loss of a relative, his dependents lose the main source of financial support for the family, which ultimately causes significant damage to their well-being.

An application for a pension must be submitted to the territorial office of the Pension Fund at the place of residence of the family.

The amount of such a pension is calculated in accordance with one of the formulas given in Article 16 of Federal Law No. 173-FZ “On Labor Pensions in the Russian Federation”. Each of them is based on the amount of the deceased’s pension capital, calculated for 228 months, taking into account a fixed payment.

If the deceased husband received an old-age or disability pension during his lifetime, the calculation is carried out using the following formula:

P=PK:(T*K): KN+1281, in which:

PC is the amount of the husband’s pension capital calculated at the time of his death,
T-228 (estimated pension payment period equal to nineteen years),
K – coefficient determined by dividing the standard duration of insurance coverage of the deceased breadwinner by 180 months. For this case 180:180 = 1,
KN – the number of disabled dependents of the deceased.

1281 rubles is the fixed amount of the labor pension for the loss of a breadwinner.

If during his lifetime the spouse received a good pension, then when calculating the amount of maintenance in connection with his death, the spouse can count on substantial pension payments. In addition, this type of pension is indexed annually.

Watch the video. How can you withdraw pension savings after the death of your husband:

Let's figure out whether in Russia a wife can receive her husband's pension after his death

You cannot simply take over your husband's pension after his death . If the spouse supported his household and relatives, helping them financially, if he can be called a breadwinner, then the widow has the opportunity to apply for a completely different type of pension - for the loss of a breadwinner .

It is clear that no one will leave the security that the wife receives for her work experience and earnings, and they will not pay two types of pensions . In this case , a refusal of one’s own pension must be formalized, and the type “for the loss of a breadwinner” must be chosen (Article 4, 9 of Federal Law No. 173 of December 17, 2001 “On Labor Pensions in the Russian Federation”).

Conditions for transferring to a survivor's pension

In accordance with Federal Law No. 400-FZ, the wife of a deceased spouse has the right to apply for payments in connection with the loss of a breadwinner, subject to one of the following conditions.

During the life of her husband, the wife was his dependent:

and reached retirement age, that is, fifty-five years (Article 10, Part 2, Section 3),
and recognized as disabled (Article 10, Part 2, Clause 3).

Is the survivor's pension maintained if I get a job?

The wife of the deceased was not necessarily dependent on her husband, but:

cares for his close relative under the age of fourteen, who is entitled to receive a pension in connection with the loss of a breadwinner (Article 10, Part 2, Clause 2),
regardless of the date of death of the spouse, she was left without means of subsistence (Article 10, Part 5).

In this case, declaring a citizen missing in court proceedings is equivalent to the death of this person, which gives the right to the wife of the deceased to claim monthly payments in connection with the loss of a breadwinner.

And if the death of a spouse is a consequence of the wife’s deliberate unlawful actions, this fact serves as a basis for refusing to grant maintenance.

Transfer to the deceased spouse's pension; rules, procedure, deadlines and documents

In our country it is prohibited to receive several pensions at the same time, but there are exceptions for certain categories of citizens. For example, widows of: - military personnel who died from injuries while on duty can claim two pensions; – astronauts who died; – liquidators of the accident at the Chernobyl nuclear power plant.

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These categories of wives have the right to receive both a survivor's pension and their own labor pension. In order to apply for a military pension, you must contact the Commissariat by preparing documents: your own passport, the file of your deceased spouse, a serviceman’s ticket and an order.

40% of the deceased spouse’s allowance if the accident leading to disability occurred outside of service;
The widow receives 50% of the allowance if the deceased husband became disabled due to illness or injury during service.

150% of the social pension if death occurred due to an illness contracted during the “term” period;
200% of the social pension if the husband died while performing his duty from injuries incompatible with life.

You can apply for such a pension in accordance with Article 28 of the Law under number 4468-1 if: Employees who control the registration of the pension may require evidence of the cause of death, the presence of a fatal disease that was acquired during service.

New pension legislation, which came into force on January 1 of this year, allows a woman to receive pension payments for her deceased spouse if she refuses her own pension. But there are a lot of nuances here. One of them is related to the calculation of pensions for working pensioners. Such payments are disproportionately less than those received by persons who have retired.

Keep in mind that if a woman is a veteran, has a disability or another category of benefits, then all her benefits remain, even when she switches to a survivor's pension. The law provides for the possibility of switching from an old-age (disability) pension to a survivor's pension, but the amount of a survivor's pension is always less than the amount of the old-age or disability pension that the deceased himself received, therefore, when applying to the pension authorities, recipients of an old-age pension with with an application to transfer them to a survivor's pension, the feasibility of such a transfer is checked in each specific case on the basis of the submitted documents on the insurance period and salary of the deceased, that is, the estimated pension is calculated. If, when calculated on a new basis, its size does not reach the amount of the old-age pension received, then, accordingly, transferring to a survivor’s pension is not practical.

How to do it

applications for a pension under the SPK free in word format

The wife of the deceased can personally contact government authorities to reassign the deceased’s pension or use the services of an official representative.

A written application for the assignment of payments in connection with the loss of a breadwinner is submitted to the territorial branch of the Pension Fund:

at the place of registration,
at the place of stay,
at the place where the applicant actually resides.

You can submit an application in one of the following ways:

when visiting a Pension Fund office in person,
by post,
through the official website of the Pension Fund of Russia,
through one of the MFC branches.

ATTENTION! Look at the completed sample application for a pension under the SPC:

The cost of living for pensioners in Moscow in 2021 from January 1.

How to receive compensation under an insurance policy for a wedding in the USSR, read here.

How to apply for a social supplement for your pension, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/kak-oformit-socialnuyu-doplatu-k-pensii-do-prozhitochnogo-minimuma.html

What documents need to be provided

According to Regulation of the Ministry of Labor and Social Protection No. 14n dated February 19, 2016, in order to process monthly payments, you must provide a package of documents including the following items:

identification document of the applicant (passport, birth certificate, residence permit, etc.),
document confirming relationship with the deceased citizen,
death certificate of the breadwinner,
documents confirming the duration of the insurance period, containing the following mandatory information: date of issue and number, duration of work with this employer, position of the employee, details of the manager’s order or information from the personal account, signature of the employee who issued the document, employer’s seal,
other documents.

If certain documents are missing to assign a pension, the applicant is given a three-month period to collect and provide them. In this case, the day of application will still be considered the original date of filing the application.

What happens to the wife's benefits?

The assignment of monthly maintenance in connection with the loss of a breadwinner does not deprive the wife of a deceased citizen of the right to receive benefits, for example, in connection with an existing disability or the awarding of the title of labor veteran.

In addition, the deceased spouse himself could belong to a special category of citizens, for example one of the following:

military personnel,
participants of the Second World War and other military operations,
employees of the Ministry of Emergency Situations, FSB, Ministry of Internal Affairs and others.

If the death of a spouse occurs in the line of duty, the widow is entitled to payments in the amount of forty percent of the deceased’s pension and the preservation of certain types of benefits.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

For example, the wife of the deceased receives the following types:

reduction in utility costs by fifty percent,
annual rehabilitation in a sanatorium at state expense,
discounted travel,
other privileges.

Right to additional pension payments

Important! Dependents of a breadwinner born after 1967, in accordance with the provisions of Article 38 of Federal Law No. 111-FZ of July 24, 2002, in the event of his death, inherit:

unpaid benefits for the month in which the death of the testator occurred,
the amount of the funded part of the pension,
the deceased’s own funds transferred by him during his lifetime to the individual personal account of the Pension Fund.

The amounts determined by law are inherited by the successors of the deceased testator in equal shares.

To receive these funds, you must submit an application to the Pension Fund office within the following deadlines:

no later than four months from the date of death of the citizen - to receive the last benefit accrued to the deceased,
no later than six months - to receive other funds from the testator.

Within ten days from the date of receipt of information about the death of the insured person, Pension Fund employees are required to notify his relatives about the possibility of inheriting the remaining funds. If the deadline is missed, the decision to restore it is made exclusively through judicial proceedings.

How and where can I find out the size of the funded part of the deceased husband’s pension?

Is it possible to receive money for a deceased spouse - response from the Pension Fund

If the deceased worked in military service under a contract or was equal in status to a law enforcement officer , then the spouse may be awarded a pension if he was declared incapacitated. At the same time, there is no need to prove that he was a dependent.

You can receive a pension upon reaching retirement age. You will have to prove that the spouse applying for a pension was dependent on the second - his income is less than what the deceased received. Now the pension due to death in service is a little more than 10 thousand rubles, and due to illness in service that led to death - 7.5 thousand rubles.

Now it is established at the legislative level that a deceased spouse can only transfer to the pension upon reaching 60-65 years of age, for men and women respectively. However, we must not forget about the transition period, during which the age limits will increase.

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The thing is that a dependent is entitled to pension benefits not from the moment he applies to the Pension Fund, but from the day the breadwinner dies. If death occurred within 1 year from the date of application, then all funds for the previous time will be paid. When more than 12 months, the pension is paid for 1 year ago.

If the insured did not live to see his pension, his legal successors can receive money from the funded part. This is not done by the notary, but by the Pension Fund. Successors may be by application or by law. The pension fund must notify both of them of the right to payments from the funded part of the deceased’s pension. But it is better not to wait for a letter, but within six months after the death of the insured person, go to any branch of the Pension Fund of the Russian Federation with the original documents. Here's what you'll need:

The pension fund refused her because she missed the deadline set for applying for payments. But in fact, it was the pension fund that should have told this woman that she could receive pension savings. This is his legal obligation. The Pension Fund was required to send notices to legal successors within 10 days from the date of receipt of the document on the death of the insured person.

The legal successor can be any person indicated by the citizen in his application. If the citizen does not take advantage of this right, the payment of pension savings will be made to the legal successors of the first priority: parents, children, spouse, and if there are no such relatives, then the payment is made to the legal successors of the second priority - grandparents, grandchildren, brothers (sisters).

The estate includes not only the movable and immovable property of the deceased, but also some savings. They also include the funded pension of a deceased relative, which the heirs have the right to receive within six months from the date of death of the testator. We'll talk about how to get it further.

When a widow has switched to a survivor's pension and enters into a new relationship, that is, gets married, the security continues to be paid to the woman - provided that she does not choose a different type of security - in accordance with Art. 10 Federal Law No. 400 “On insurance pensions”. But when the widow gets married again and, after registering the marriage, applies for “receipt of the deceased husband’s pension” (that is, for payments in connection with the loss of a breadwinner), the woman receives a negative answer. From the point of view of legislation, the widow in this case does not need pension provision for the loss of a breadwinner, since the new husband can fulfill his role and provide for the woman’s needs.