Insurance and social pension for a child on loss of a breadwinner

Insurance and social pension for a child on loss of a breadwinner

24.05.2022 0 By admin

One of the main components of the state system of social protection of citizens is pension provision. Pension payments are designed to compensate people for income lost for various reasons: due to age, disability, due to the loss of a breadwinner. In this article, we will analyze how the insurance and social pension for a child for the loss of a breadwinner is calculated, who is entitled to certain types of payments and what documents are required for their execution.

There are two main types of pensions in the Russian Federation, the main difference being the source of funds. The insurance pension is paid out of previously collected insurance premiums. Social pensions are paid from the federal budget.

Survivor's pension for a child

The main legislative acts establishing and regulating the conditions and procedure for the provision of pension payments:

  • Federal Law No. 400-FZ of December 28, 2013 “On insurance pensions”;
  • Federal Law No. 166-FZ dated December 15, 2001 “On State Pension Provision in the Russian Federation”;
  • Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops National Guard of the Russian Federation, and their families.

Most often, when we mention the word pension, we imagine older people who do not go to work because of their age. In this case, pension provision compensates older citizens for the income that they would receive by continuing to work.

However, pensions are awarded not only for old age. There are other situations that are not directly related to work. For example, an orphaned child cannot independently provide himself with the necessary funds. In this case, he is assigned a state pension for the loss of a breadwinner.

In particular, children due to the loss of a breadwinner may be assigned the following types of pensions:

  • an insurance pension is assigned to a child whose deceased parent was employed;
  • a military pension will be received by a child from a military family;
  • social pension will be paid to children of disabled citizens who did not have a work experience, that is, did not pay insurance premiums;
  • the state pension is also assigned to children whose parents suffered from radiation or man-made disasters.

Further in the article, we will talk in detail about the types and conditions of pension provision for children in case of loss of a breadwinner.

Insurance pension for children on the loss of a breadwinner

The generally accepted practice of applying pensions in many countries provides for the appointment of insurance pensions to those citizens who have paid mandatory insurance contributions for a certain minimum period, as well as to members of their families who are dependent on these citizens. In the Russian Federation, children and other disabled relatives who were dependents, in the event of the loss of a breadwinner, are entitled to monthly payments from the insurance fund. This provision is enshrined in Article 4 of Federal Law No. 400-FZ. At the same time, children may not be relatives, but adopted – this circumstance does not play a role for the appointment of a pension.

Survivor insurance pensions are assigned to children under 18 years of age, as well as up to 23 years of age in the case of full-time education. An application for the appointment of a pension is submitted to the territorial bodies of the Pension Fund of Russia. When considering the issue of assigning an insurance pension, various circumstances are taken into account, for example:

  1. Insurance experience. When calculating a pension, the concept of insurance experience is widely used, that is, the period of time during which a person received income from which payments were made to the Pension Fund.
  2. pension coefficient. The individual pension coefficient affects the size of the pension. In turn, the pension coefficient depends on the insurance period, on the amount of contributions paid to the Pension Fund and on other factors.
  3. The value of the pension factor. This is a parameter that depends on the total receipts of contributions to the Pension Fund and the number of pension recipients.
  4. Availability of other pensions and compensations. For example, if a child was previously on a pension (for example, due to disability), but the main means of subsistence were the income of his breadwinner, then the child is given the right to switch from a social pension to an insurance one.

This is not a complete list of criteria considered when assigning pension insurance coverage.

The surviving parent or other representative of a minor child (adoptive parent, guardian, trustee) may apply for an insurance pension at any time after the corresponding right arises, until the child turns 18 years old. A capable child who has reached the age of majority applies for a survivor’s pension himself.

Who can receive a survivor’s pension

The criteria for assigning an insurance pension to citizens who have lost their breadwinner are listed in Article 10 of Law No. 400-FZ. Disabled family members who were dependent on the deceased breadwinner have the right to receive it. That is, not only children, but also other relatives who are unable to work due to age or disability can receive state assistance.

Minor age is an unconditional sign of disability, therefore, the right to a pension after the death of parents is received by their children under the age of 18 years. Dependence of children is assumed initially and does not require separate evidence. In addition to children, minor grandchildren, brothers or sisters of the deceased have the same right, but on condition that they do not have able-bodied parents.

Adopted children are entitled to a survivor’s insurance pension on the same basis as their own children. The right of children to receive this type of pension is preserved even with subsequent adoption.

Insurance and social pension for a child on the loss of a breadwinner

The adult children of the deceased breadwinner are also entitled to receive the insurance pension if they receive full-time education and are under 23 years old. Also, the age of majority does not limit the right to receive a survivor’s pension for children who are unable to work due to disability, if the disability occurred before the age of 18.

An insurance pension can be received by adult family members of the breadwinner who are not working due to caring for disabled children, brothers, sisters or grandchildren of the breadwinner who are not older than 14 years old.

Pension insurance payments are not limited to any one family member, that is, the survivor’s insurance pension is paid to each of the disabled family members. There may be situations when the minor children of the deceased and his relatives caring for these children receive an insurance pension.

The assignment of an insurance pension in case of loss of a breadwinner does not depend on the length of the insurance period of the breadwinner. Persons found guilty by the court of the death of the breadwinner are deprived of the right to receive an insurance pension.

The amount of the survivor’s insurance pension

In the general case, the size of the insurance pension for children in case of loss of a breadwinner is determined by the product of the individual pension coefficient (IPC) of the insured person and the value of the pension coefficient (CPC) on the day the pension is awarded.

Despite the simplicity of the formula, it is not always easy to determine the exact amount of the pension. The sizes of IPC and SPC change annually, sometimes several times a year. In addition, if children were previously assigned disability pension insurance payments, the calculation formula will be more complex. Also, the amount of the insurance pension includes additional pension provision, established in a fixed amount. This is the so-called fixed payment, which, despite the name, also changes from year to year.

In some cases, additional multipliers are provided for children to calculate the pension, for example, in the presence of a disability or in the case when the deceased breadwinner was a single mother. For example, if the fixed payment in 2017 for children who have lost one of their parents is 2402.56 rubles, then for completely orphaned children the fixed payment is 4805.11 rubles.

In some cases, when calculating pensions, an increasing regional coefficient may be applied.

The formulas for calculating the insurance pension and other related rules are described in detail in Chapter 4 of Law No. 400-FZ.

Deadlines for filing documents and paying pensions

In the general case, an insurance pension is assigned from the day you apply for it, that is, from the day you submit an application and a package of necessary documents to the Pension Fund. But the insurance pension for the loss of a breadwinner begins to be calculated from the day of his death. True, for this you need to submit an application no later than one year from the date of death of the breadwinner.

It is not necessary to submit the application and documents to the Pension Fund in person. You can, for example, use the mail service or send documents via the Internet. In the last two cases, it is necessary to transfer officially certified copies of documents.

In the absence of some of the required documents, the applicant is given explanations about what documents are still needed, and is given 3 months to collect and transfer them to the Pension Fund.

The payment of a survivor’s insurance pension to a child is carried out monthly until he reaches the age of 18 (up to 23 years if there is a certificate of education).

Social pension for children on the loss of a breadwinner

In cases where the deceased breadwinner did not have a single day of work experience, the insurance pension for his children is not assigned. Instead, a child’s social pension is paid for the loss of a breadwinner. The issues of assigning a social pension are regulated by Federal Law No. 166-FZ of December 15, 2001. According to the law, a social pension for the loss of a breadwinner is assigned to his minor children (children under 23 years old when receiving full-time education). A social pension is granted even if the death of the breadwinner who paid the insurance premiums occurred due to the illegal actions of his dependent.

Survivor's pension for a child

The size of the social pension changes as often as the size of the insurance pension. From April 1, 2017, the amount of the social survivor’s pension for children who have lost one of their parents is 5034.25 rubles. Children left without both parents, including children of a deceased single mother, will receive 10,068.53 rubles. social pension.

Survivor’s pension for children of military personnel

Pensions are also provided for children and other family members who were dependents of the dead military personnel. The source of payment of such pensions depends on the form of service of the deceased:

  • if the deceased served on conscription, then the pension for his children is paid by the Pension Fund from the federal budget;
  • if the deceased served under a contract, the pension will be paid from the relevant funds of the Ministry of Defense.

In addition, the children and family members of military personnel are entitled to a monthly allowance for the loss of a breadwinner.

The issues of assigning pensions and benefits for the loss of the breadwinner to the children of military personnel are regulated by various regulations:

  • Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ (pensions from the Pension Fund);
  • Law of the Russian Federation of February 12, 1993 No. 4468-1 (pensions from the funds of the Ministry of Defense);
  • Decree of the President of the Russian Federation of October 29, 2009 No. 1219 (allowances).

Pension for the children of fallen servicemen from the budget

Federal Law No. 166-FZ of December 15, 2001 establishes the right to a survivor’s pension for disabled children of dead conscripts, as well as those serving in the ranks of flight test personnel and astronauts. This pension is assigned upon death in the course of service, but can also be assigned if the death occurred within 3 months after dismissal due to injury, injury or illness received during service.

Social pension for a child on the loss of a breadwinner

The criteria for granting a pension in this case are the same as for granting a social pension for the loss of a breadwinner, which was mentioned above. At the same time, for the children of military personnel who died due to a military injury or a disease received in the service, increasing coefficients are applied to the basic size of the social pension.

Pension for the children of dead servicemen from the funds of the Ministry of Defense

In the event of the death of a military man serving under a contract, his children and other dependents are assigned a pension on the basis of Law No. 4468-1 of February 12, 1993. This law provides for similar payments to children whose deceased parent served in the ranks of the Ministry of Internal Affairs in the penitentiary system , in the fire service, in state bodies for the control of the circulation of narcotic substances.

Pension payments are assigned if an employee under the contract died in the line of duty or in captivity, went missing during military operations, died within 3 months after dismissal due to injuries received in the service. Each child will receive pension payments in the amount of 40% of the monetary allowance due to the deceased breadwinner.

Also, a pension for children is assigned after the death of a military pensioner. In this case, children can count on 30% of the breadwinner’s allowance. But if the deceased military pensioner was disabled or the child was left a complete orphan, he will also be credited with 40% of the monetary allowance.

Video

Age restrictions are the same as in previous cases: a survivor’s pension from the funds of the Ministry of Defense is assigned to children under 18, children under 23 who study, as well as adult disabled people who received disability in childhood.