How to transfer to your husband's pension after his death

How to transfer to a deceased spouse's pension?

These appeals are widespread, since there is an opinion that the surviving spouse, having renounced his pension, can receive the pension of the deceased, but this opinion is not entirely correct. 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.

Due to the introduction of pension reform, the age limits for incapacity for work have changed

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.

In 2021, the retirement age was increased only by six months, so women can refuse their pension and receive survivor benefits from 55.5 years old, and men from 60.5 years old.

Categories of Russians who will retire according to the old rules - at 55 and 60 years old

In cases where the surviving spouse has a disability, the age limit does not matter for security due to the loss of a breadwinner (regardless of the assigned disability group).

Is it possible to receive my husband's pension after his death?

Moreover, as part of the procedure, the widow is required to formalize a refusal of her own pension and choose a pension for the loss of a breadwinner - in accordance with the provisions of Art. 4, art. 9 Federal Law No. 173 “On Labor Pensions” dated December 17, 2001. It is possible to switch from one type of pension to another several times.

Upon reaching retirement age, the spouse has the right to count on one type of security. She cannot receive her own pension plus benefits for the loss of a breadwinner, with the exception of the wives of military personnel or astronauts, as well as citizens affected by radiation, provided that she does not enter into a new marriage. The concept of “transfer to the husband’s pension” is inherently incorrect, since state support is assigned to the wife of the deceased, which is related to the husband’s pension - due to the presence of a link to the amount of the deceased’s pension.

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

KAO Azot has begun preparations for the construction of a new production facility within the framework of the agreement concluded at SPIEF

At JSC "Azot" (part of JSC "SDS Azot") a solemn opening ceremony of the stone was held to commemorate the future construction of a new modern chemical complex, including units of ammonia, granulated urea, porous ammonium nitrate, liquid carbon dioxide, granulated sulfate and hydrogen. Kuzbass Governor Sergei Tsivilev took part in the event dedicated to the 300th anniversary of Kuzbass and the 65th anniversary of Kemerovo Azot.

The opening ceremony of the memorial stone took place in the circle of honored workers and veterans of the Kemerovo Azot enterprise, as well as employees who distinguished themselves by their merits in the production, scientific and sports fields. The memorial stone will serve as a symbol of the development of the future of Kemerovo Azot and hope that the region’s chemical industry will continue to flourish. The launch of new units at KAO Azot will be a major contribution to the development of economic potential, increasing investment attractiveness and improving the environmental situation of Kuzbass. After the opening, the memorial stone was consecrated by the rector of the Church of Peter and Fevronia of Murom, Archpriest Roman Khlipitko.

Governor of Kuzbass Sergei Tsivilev Fr.

During the event, an appeal was also sealed in a time capsule to the employees of Kemerovo Azot, who will open new production facilities at the enterprise. The message was signed by Kuzbass Governor Sergei Tsivilev, President of JSC HC SDS Mikhail Fedyaev and General Director of JSC Azot Igor Bezukh. After the event, the time capsule will be stored in the Museum of the History of Labor Glory of KAO Azot.

“It is important to note that as a result of the implementation of the project, new modern jobs will be created at the plant, and when training personnel for future production, Azot plans to attract regional scientific and educational organizations,” said Igor Bezukh, General Director of JSC Azot.

A bilateral agreement between JSC Azot and the Government of the Kemerovo Region - Kuzbass on cooperation in the implementation of a project for the construction of modern units for the production of ammonia with a capacity of 3.5 thousand tons per day and urea with a capacity of 4.2 thousand tons per day was signed on June 3 at the St. Petersburg International Economic forum. The document was signed by Kuzbass Governor Sergei Tsivilev and Chairman of the Board of Directors of SDS-Azot Roman Trotsenko. For the purposes of implementing this project, it is planned to create a special economic zone in the city of Kemerovo.

In addition, a decision was made to build four more production facilities - a porous ammonium nitrate unit with a capacity of 1.5 thousand tons per day, a liquid carbon dioxide unit with a capacity of 32 thousand tons per year, a granular sulfate unit with a capacity of 250 thousand tons per year and a hydrogen unit with a capacity of 218,100 tons in year.

Can a widow count on her deceased husband's pension?

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.

How is the payout amount calculated? The correct name is not “husband’s pension” or “husband’s pension”, but a survivor’s pension. Because if the husband’s pension was a serious addition to the family budget, losing it will hurt the widow’s wallet and significantly worsen the financial situation.

You must apply for this type of pension at the branch of the Pension Fund of the Russian Federation at your place of residence. The calculation formulas are given in Article 16 of Federal Law No. 173. They are based on the amount of the breadwinner’s pension capital distributed over 228 months, plus fixed payments.

In this case, it is assumed that the spouse had an old-age or disability pension.

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.

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

This must be done because only in this case will you be able to receive a survivor’s pension from the state, which is often mistakenly mistaken for the pension of a deceased husband. Even if you were not dependent on your spouse, but over time you lost your source of income, or it remained in a meager amount, then the pension fund will not be able to refuse you.

Immediately prepare for the fact that the state will not pay you two types of pensions. Therefore, if you decide to receive money for the loss of a breadwinner, then:

give up your pension;
ask to assign you another type of pension “for the loss of a breadwinner”.

For detailed explanations on these issues, read Article 4, as well as 9 of Federal Law No. 173 of December 17, 2001 “On Labor Pensions in the Russian Federation”.

Widow transitioning to her husband's pension

Puk = PK / (T x K) / KN + 1281, where Puk is the required amount of the survivor’s pension; PC - the amount of the deceased husband's estimated pension capital, established for the deceased spouse as of the date of his death; T – 228 (months of expected receipt of a pension, calculated on the basis of 19 years: 19 x12 = 228 months); K – 1 (the ratio of the insurance period to 180 months, in the case under consideration 180/180 = 1); KN - the number of disabled family members of the deceased breadwinner; 1281 rub. - fixed basic size of labor pension in case of loss of a breadwinner for a spouse. Roughly speaking, if only his wife applies for a survivor’s pension, then the amount of her provision will not be bad at all if the deceased’s earnings were substantial. In addition, there is a constant increase in pension payments due to their indexation.

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

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.

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.

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.

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.

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:

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How to transfer to a deceased spouse's pension

Saturday, September 15, 2021 13:35 + to quote book

What should a pensioner do if his life partner, who received a higher pension, dies? Is it possible to transfer his pension to himself?

If a pensioner's life partner dies, this is a huge grief. But when the first difficult days pass and the pain of loss recedes a little, the understanding comes that we must move on. And if the deceased spouse received a higher pension, life after his death may become much more difficult. What kind of financial support from the state can such a widowed pensioner count on?

As it turns out, to put it bluntly, any Russian pensioner has a legally enshrined right to transfer the pension of their deceased spouse to themselves. And if the deceased was not a pensioner, then receive a survivor’s pension. But let's deal with everything in order, and start with exactly how it happens

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.

Spouse's retirement transition

The question of switching to another pension usually arises if the deceased spouse received a larger pension. In this case, the widowed pensioner, according to the current pension legislation, can prove that he was dependent on the deceased, then an insurance pension in the event of the loss of a breadwinner will be established for him in the amount of the pension that the spouse received.

In order for a spouse to be recognized as a dependent, he needs to confirm that he was fully supported by the deceased or received assistance from him, which was a constant and main source of livelihood. To do this, you need to collect and submit to the Pension Fund authority at your place of residence the following documents:

certificates issued by housing maintenance organizations;
certificates issued by local governments;
documents on the income of all family members;
other documents provided for by the legislation of the Russian Federation, in particular - a court decision.

The surviving spouse must be disabled (retired or disabled). If he does not receive a pension himself, one of the following conditions must be met:

reaching retirement age (still 55 years old for women, 60 years old for men), but an insurance pension has not been assigned due to lack of length of service or pension points;
the able-bodied spouse takes care of the minor children of the deceased, under the age of 14 years.

the disabled spouse was dependent on the deceased spouse.

In these situations, the surviving spouse’s lack of own income does not play a role.

Moreover, if the fact of dependency cannot be proven in court, an application to the Pension Fund for transfer to the pension of the deceased spouse still needs to be submitted. Simply with the wording in it that a pension for the deceased spouse must be assigned “due to the loss of a source of livelihood.” This situation is provided for by law, so the Pension Fund should not refuse.

True, in this case, the pension will be assigned not from the date of death of the spouse, but from the first day of the month following the month of application to the Pension Fund. By the way, the deadline for contacting the Pension Fund on this matter is a whole year. The submitted documents and application must be reviewed within 10 days.

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.

Amount of pension for a spouse

The size of the pension in such a situation is calculated based on the insurance period, earnings and insurance contributions of the deceased spouse.

However, the widowed husband or wife will still not receive a full pension: the fixed payment is set in an amount equal to 50% of the amount provided for the old-age pension. Moreover, if the surviving spouse did receive a pension, then he will be paid the difference between the pension already paid and the new pension. Thus, the increased pension for the deceased depends on the number of pension points that were accrued to the deceased spouse when payments were assigned to him.

Survivor's pension

In some cases, a widowed spouse may not only transfer to the deceased’s pension, but also receive an additional survivor’s pension. This is possible in the following situation:

when the spouse died during military service as a result of conscription or as a result of a military injury received in the service;
when the deceased spouse took part in the liquidation of the disaster at the Chernobyl nuclear power plant and its consequences;
when the deceased spouse worked on space tests.

In these situations, the surviving spouse has the right to receive two categories of payments: a survivor's pension, regardless of age and ability to work, as well as his own pension.

Under what circumstances can a spouse be paid a military pension?

As stated in the twenty-eighth article of the law of our great country, such a pension can be paid in certain cases:

was captured by enemies or went missing;
if he died after that transfer to the reserve;
in case of illness during service, which caused death;
if the husband dies while performing duties in the service.

Also, the spouse has the right to receive this type of payment in situations:

the husband fully supported his wife;
it is required to confirm that the woman is completely incompetent;
when providing guardianship for children under the age of fourteen full years.

There are exceptions in which you can bypass the law and receive two emerituses at once.

if a military man died from an injury received as a result of his service;
having the status of a deceased cosmonaut;
participation in the liquidation of the disaster at the Chernobyl nuclear power plant.

Such wives are paid money upon the loss of a breadwinner and upon reaching retirement age.

Grounds for receiving a husband's pension after his death

According to Russian law, the right to receive a pension in connection with the loss of a breadwinner is legal and is granted to the widow upon application.

The primary reason why a widow decides to receive her husband's pension instead of her own is the difference in the amount of payments if the woman has reached retirement age. In this case, a special commission will clarify all the information, in particular, the fact that the married couple lives together, and compare the amounts paid to each spouse.

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If a woman does not have her own funds, then when submitting an application she will need to indicate that the widow was supported by her husband, and his pension was her only source of income.

An important reason for contacting the Pension Fund with a request of this kind may be the health problems of the widow. The presence of disability, lack of work, and caring for minor children serve as the basis for making a positive decision.

The procedure for receiving a deceased husband’s pension: where to apply and documents

In order to transfer to the pension of a deceased retired spouse, a woman must apply to the Pension Fund.

You must have with you:

passport or identity card;
death certificate;
certificate from place of residence about family composition;
marriage certificate;
personal pension certificate.

However, additional documents may be required.

Receipt of the deceased husband's savings portion

The funded part of the deceased's pension falls into the category of open inheritance. The right to receive it belongs to all heirs of the first category, unless there is a special order of the deceased.

In order to receive the funded part, the widow must find out which pension fund this amount is in, and then apply there with an application for receipt, to which the necessary documents are attached.

Terms of payment of the spouse's savings portion after his death

The application must be submitted no later than 6 months from the date of death of the investor.

If time is missed, the application will need to be submitted to the judicial authorities.

The 100% amount will be transferred to the spouse’s account or sent by postal order only if it is determined that she is the sole heir. If other legal heirs are announced within six months after the death of the investor, the funded part will be divided among everyone.

Documents for registration of the husband's funded part for himself

When submitting an application for the issuance of the funded part of the husband’s pension after his death, it is necessary to collect a package of documents established by law.

You need to collect the following documents:

passport or other identity document;
marriage certificate;
death certificate of the investor;
document on compulsory pension insurance in the name of the deceased;
bank account details of the widow for transferring the inherited amount;
a copy of the court decision, if we are talking about restoring the application deadline due to delay;
a notarized power of attorney, if the widow cannot be present at the pension fund herself.

Additional documents may be required on an individual basis.

Can a woman receive two payments at the same time?

As the legislation of the Russian Federation states, the spouse is allowed to accept only one pension of her choice. How much will a woman be paid after switching to her husband’s emeritus?

The law of the Russian Federation does not provide for a specific figure, because each citizen of the country has an individual pension. But there are a number of factors that influence the numbers:

Was the husband listed in the military and did he have certain benefits?
Salary and length of service in insurance.
Did your beloved man fully provide for his wife and the whole family?

The transition to the spouse's emeritus status is possible only if the wife is an unemployed citizen or there is a degree of disability.

A woman must take the initiative to make the transition to her husband's pension. You are required to visit your local pension fund.

Documents that will be required to complete this action:

passport;
legally confirmed marriage certificate;
a document that recorded the death of the spouse;
a special certificate confirming the receipt of the husband’s pension;
TIN;
a book in which the place of work is noted;
a ticket issued by the military registration and enlistment office;
salary information certificate for 60 months.

Features of receiving a military pension

If the deceased received military benefits, the spouse may also receive the deceased spouse's pension.

The widow of a military pensioner receives her spouse's pension in the following cases:

the woman was dependent on her husband during his lifetime due to her own disability;
if the wife has no other sources of income;
the widow takes care of minor children, brothers or sisters of the deceased.

A military pension is assigned for the period of incapacity for work or on a permanent basis upon reaching retirement age. It cannot be canceled if the widow enters into a new marriage.