Collection of unpaid pensions. Additional services that may be required when choosing a service for collecting an unpaid labor pension


Court decisions based on the application of the laws “On state pension provision in Russian Federation", "About insurance pensions".

Federal Law No. 166-FZ “On state pension provision in the Russian Federation”

Federal Law No. 400-FZ "On Insurance Pensions"

Judicial practice

    Decision No. 2-4208/2018 2-4208/2018~M-3493/2018 M-3493/2018 dated September 29, 2018 in case No. 2-4208/2018

    Chkalovsky District Court of Yekaterinburg (Sverdlovsk Region) - Civil and administrative

    MM.YYYY with an application for early assignment of an old-age insurance pension in accordance with Article 30.1.20 of the Federal Law of December 28, 2013 No. 400 - Federal Law “On Insurance Pensions”. The length of service in the relevant types of work as of the date of S.M. Akhunova’s application, accepted for credit, is: Not accepted for work experience...

    Decision No. 12-387/2018 of September 28, 2018 in case No. 12-387/2018

    Khabarovsk Regional Court (Khabarovsk Territory) - Administrative offenses

    Quadrangular 3554 kg. Thus, the Company violated the requirements of clause 10.1 of article 1, clause 2 of article 7.1 of the Federal Law of December 20, 2004 No. 166 - Federal Law “On Fisheries and Conservation of Aquatic Biological Resources”. The fact that the Company committed an administrative offense under Part 2 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation is confirmed by the totality of evidence collected in the case, ...

    Decision No. 2-2445/2018 2-2445/2018~M-2056/2018 M-2056/2018 dated September 28, 2018 in case No. 2-2445/2018

    Bezhitsky District Court of Bryansk (Bryansk Region) - Civil and administrative

    A.G. the right to an early old-age insurance pension in accordance with paragraph 20, paragraph 1 of Art. 30 of the Federal Law of December 28, 2013 No. 400 - Federal Law “On Insurance Pensions” from July 13, 2018. Plaintiff Troshina A.G., did not appear at the court hearing, was notified of the time and place of the court hearing, petitioned for consideration of the case...

    Decision No. 2-695/2018 2-695/2018~M-715/2018 M-715/2018 dated September 28, 2018 in case No. 2-695/2018

    Bezenchuksky District Court (Samara Region) - Civil and administrative

    YYYY. since the entry from the insured person’s personal information system teaching experience not confirmed. According to sub. 19 clause 1 art. 30 of the Federal Law of December 28, 2013 N 400 - Federal Law “On Insurance Pensions”, the old-age insurance pension is assigned before reaching the age established by Art. 8 of this Law, if there is an individual pension coefficient of at least...

    Decision No. 2-4468/2018 2-4468/2018~M-4858/2018 M-4858/2018 dated September 28, 2018 in case No. 2-4468/2018

    Leninsky District Court of Kirov (Kirov Region) - Civil and administrative

    Legal and reasonable. After listening to the plaintiff, the defendant's representative, questioning witnesses, and examining the case materials, the court comes to the following conclusions. According to Article 14 of the Federal Law “On Insurance Pensions” No. 400 - Federal Law when calculating insurance period the periods provided for in Articles 11 and 12 of this Federal Law, until a citizen is registered as an insured person in accordance with the Federal Law...

    Decision No. 2-4096/2018 2-4096/2018~M-3378/2018 M-3378/2018 dated September 28, 2018 in case No. 2-4096/2018

    Pervomaisky District Court of Murmansk (Murmansk Region) - Civil and administrative

    Pension case of Shibzukhova D.Sh., the court finds the stated demands subject to satisfaction on the following grounds. By virtue of Article 36 of the Federal Law of December 28, 2013 No. 400 - Federal Law “On Insurance Pensions”, its entry into force is provided for on January 1, 2015. From the date of entry into force of this Federal Law, the Federal Law of December 17...

    Decision No. 2-5822/2018 2-5822/2018~M-5501/2018 M-5501/2018 dated September 28, 2018 in case No. 2-5822/2018

    Petrozavodsk City Court (Republic of Karelia) - Civil and administrative

    Feedback has been submitted properly. The court, having heard the representative of the plaintiff, the representative of the defendant, having examined the written materials of the case, materials of the payment case, comes to the following conclusions. In accordance with Article 166 Labor Code In the Russian Federation, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work. According to Article 167 of the Labor Code of the Russian Federation...

    Decision No. 2-2683/2018 of September 28, 2018 in case No. 2-2683/2018

    Pravoberezhny District Court of Lipetsk (Lipetsk Region) - Civil and administrative

    05.1991 No. 1244-1 “About social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" and the Federal Law of December 15, 2001 No. 166 - Federal Law "On State Pension Provision in the Russian Federation", according to which old-age, disability, and survivor pensions are established for certain categories of citizens, victims of the Chernobyl disaster...

Ruling of the Supreme Court of the Russian Federation dated January 29, 2009 N 16-В08-27 The case on the application for recovery of an under-accrued, unpaid pension was sent for a new consideration, since the court did not take into account the provision according to which the legislation governing the procedure, conditions for the payment of security for compulsory state pension insurance , as the body fulfilling the obligations to pay such security, the Pension Fund of the Russian Federation is determined, which is responsible for these obligations at the expense of the fund’s budget, formed legally.

SUPREME COURT OF THE RUSSIAN FEDERATION

DEFINITION

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, consisting of:

presiding T.E. Korchashkina

judges Gulyaeva G.A. and Kolycheva G.A.

reviewed in court hearing dated January 29, 2009, a civil case on the claim of K. against the State institution - the Office of the Pension Fund of the Russian Federation for the Kirovsky District of Volgograd, the Ministry of Finance of the Russian Federation for the recovery of under-accrued and unpaid pensions based on the supervisory complaint of the Ministry of Finance of the Russian Federation against the decision of the Kirovsky District Court of Volgograd dated March 7 2008, by which the claims were partially satisfied, the ruling of the Volgogradsky civil court panel regional court dated May 14, 2008, which left the decision unchanged.

Having heard the report of the judge of the Supreme Court of the Russian Federation G.A. Gulyaeva, Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation

installed:

K. filed a lawsuit against the State Institution - the Administration of the Pension Fund of the Russian Federation for the Kirov District of Volgograd for the recalculation of the insurance part of the pension. In support of her claims, she referred to the fact that since June 2004 she has been the recipient labor pension for old age in accordance with the provisions of Federal Law of December 17, 2001 N 173-FZ, which was not assigned to her full size, that is, without taking into account insurance premiums for the period from May 1, 2002 to June 29, 2004, which Volgograd Motor Plant OJSC did not transfer to the management pension fund to her individual personal account. During the further recalculation of the pension, insurance contributions were not taken into account, which the employer did not transfer to the management of the pension fund for the period from June 30, 2004 to October 30, 2004, thereby underestimating the amount of the insurance part of the labor pension and violating the plaintiff’s rights to receive pension benefits in in full, in connection with which she asked the court to oblige the pension authority to pay a labor pension from March 1, 2007, taking into account the amount of insurance contributions for compulsory pension insurance for the period worked from May 1, 2002 to September 30, 2004, to recover from the defendant the underpaid amount of the insurance part of the pension in the amount of 3,507 rubles. 30 kopecks for the period from May 1, 2002 to March 1, 2007.

The defendant did not admit the claim.

By the decision of the Kirovsky District Court of Volgograd dated July 4, 2007, K.’s claims were satisfied. The court ordered the State institution - the Administration of the Pension Fund of the Russian Federation for the Kirov district of Volgograd to pay K.'s labor pension from March 1, 2007, taking into account the amount of insurance contributions for compulsory pension insurance for the period worked from May 1, 2002 to September 30, 2004, recovered from the State institutions - Administration of the Pension Fund of the Russian Federation for the Kirov district of Volgograd in favor of K. the underpaid part of the pension from May 1, 2002 to March 1, 2007 in the amount of 3,507 rubles. 30 kopecks

By the ruling of the judicial panel for civil cases of the Volgograd Regional Court dated October 10, 2007, the specified court decision regarding the recovery from the State institution - the Administration of the Pension Fund of the Russian Federation for the Kirov District of Volgograd in favor of K. of the underpaid part of the pension from May 1, 2002 to March 1, 2007 in in the amount of RUB 3,507. 30 kopecks canceled and the case in this part was sent for a new trial to the same court. The rest of the court's decision was left unchanged.

At K.’s request, the court invited the Ministry of Finance of the Russian Federation to participate in the case as a co-defendant.

By the decision of the Kirovsky District Court of Volgograd dated March 7, 2008, K.’s claims were partially satisfied. The court recovered from the Ministry of Finance of the Russian Federation at the expense of the treasury of the Russian Federation in favor of K. the underpaid amount of pension for the period from May 1, 2002 to March 1, 2007 in the amount of 3,507 rubles. 30 kopecks K.'s claims against the State Institution - the Administration of the Pension Fund of the Russian Federation for the Kirov District of Volgograd - were denied.

By the ruling of the judicial panel for civil cases of the Volgograd Regional Court dated May 14, 2008, the decision was left unchanged.

The supervisory complaint of the Ministry of Finance of the Russian Federation contains a request to cancel the decision of the Kirovsky District Court of Volgograd dated March 7, 2008 and the ruling of the judicial panel for civil cases of the Volgograd Regional Court dated May 14, 2008, with reference to the fact that the court of first instance and cassation made a significant error in the application and interpretation of substantive law.

On October 31, 2008, a judge of the Supreme Court of the Russian Federation requested this civil case to the Supreme Court of the Russian Federation and on December 18, 2008, the supervisory appeal with the case was transferred for consideration at a court session of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

Having checked the case materials and discussed the validity of the arguments of the supervisory complaint, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the court decisions in the case subject to cancellation on the following grounds.

In accordance with Article 387 of the Civil Procedure Code of the Russian Federation, the grounds for canceling or changing court decisions in the supervisory order are significant violations of substantive or procedural law that influenced the outcome of the case, without eliminating which it is impossible to restore and protect violated rights, freedoms and legitimate interests, and also protection of public interests protected by law.

When considering the present case of this nature, a significant violation of the norms of substantive law was committed by the court of first and cassation instances, which was expressed as follows.

In accordance with paragraph 1 of Article 10 of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation,” the insurance period taken into account when determining the right to a labor pension includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons insured in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation”, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation.

The responsibility for insuring an employee, for timely and in full payment of insurance premiums for him to the budget of the Pension Fund of the Russian Federation and for maintaining records associated with the calculation and transfer of insurance contributions to the specified budget is assigned to the insured (clause 2 of Article 14 of the Federal Law “On compulsory pension insurance in the Russian Federation”).

According to paragraph 2 of Article 13 of the Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation,” the insurer is obliged to assign (recalculate) and timely pay compulsory insurance coverage (labor pensions) based on individual (personalized) accounting data.

By Resolution of the Constitutional Court of the Russian Federation dated July 10, 2007 N 9-P, paragraph 1 of Article 10 of the Federal Law “On Labor Pensions in the Russian Federation” and paragraph three of paragraph 7 of the Rules for Accounting for Insurance Contributions Included in the Estimated Pension Capital, in to the extent that they allow not to include periods of work for which insurance premiums were not paid in full or in part in the insurance period taken into account when determining the right to a labor pension, and to reduce the size of its insurance part when assigning (recalculating) a labor pension.

The court established and confirmed by the case materials that K. had worked at Volgograd Motor Plant OJSC since 2000, and since June 30, 2004, the plaintiff was assigned and paid an old-age pension. During this period labor activity K. was a person insured in the state compulsory pension insurance system, and from her earnings the employer withheld insurance contributions for compulsory pension insurance, but for the period from May 1, 2002 to September 30, 2004, the indicated no funds were transferred.

Resolving the case on the merits, the court proceeded from the fact that the said Resolution of the Constitutional Court of the Russian Federation ordered the legislator to establish a legal mechanism guaranteeing the implementation of the insured persons working under employment contract acquired by them in the compulsory pension insurance system pension rights, including the source of payment for that part of the insurance coverage that is not covered by the policyholder’s insurance premiums.

Since the said Resolution of the Constitutional Court of the Russian Federation determines that until the legislator establishes the appropriate legal regulation, this right of the insured persons must be ensured by the state (at the expense of the federal budget) in order to fulfill the obligation for the insurer to transfer the necessary funds to the Pension Fund of the Russian Federation in favor of those insured persons , to whom a labor pension is assigned (it is recalculated), the court came to the conclusion that the payment of debt on the insurance part of K.’s pension should be carried out directly by the Ministry of Finance of the Russian Federation.

The cassation court agreed with the conclusions of the trial court.

However, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation cannot agree with the conclusions of the court of first instance and cassation, since they are based on incorrect interpretation and application of substantive law.

The Regulations on the Pension Fund of the Russian Federation, approved by Resolution of the Supreme Council of the Russian Federation of December 27, 1991 N 2122-1, establishes that the Pension Fund of the Russian Federation was formed by the Resolution of the Supreme Council of the RSFSR of December 22, 1990 for the purpose of state management of pension finances in the Russian Federation . The Pension Fund of Russia is an independent financial and credit institution that carries out its activities in accordance with the legislation of the Russian Federation and these Regulations.

According to paragraph 3 of Article 9 of the Federal Law of December 15, 2001 N 167-FZ “On Compulsory Pension Insurance in the Russian Federation,” payments of the insurance part of the labor pension are made from the budget of the Pension Fund of the Russian Federation.

The right of the insured to receive compulsory insurance coverage in a timely manner and in full from the budget of the Pension Fund of the Russian Federation is also regulated by Article 15 of the said Federal Law.

The legal position set out by the Constitutional Court of the Russian Federation in Resolution No. 9-P of July 10, 2007 is consistent with the above regulatory provisions and states the need state provision the rights of insured persons to receive a labor pension in the event of non-payment or improper payment by their employers of insurance contributions to the Pension Fund of the Russian Federation by fulfilling for the employer the obligation to transfer the necessary funds to the Pension Fund of the Russian Federation in favor of the insured persons whose rights have been violated.

Thus, the current legislation regulating the procedure and conditions for the payment of security for compulsory state pension insurance, as the body fulfilling obligations for the payment of such security, determines the Pension Fund of the Russian Federation, which is responsible for these obligations at the expense of the Fund’s budget, formed in the manner prescribed by law .

The court of first instance did not take into account the provisions of the above norms and, refusing to satisfy the requirements to the State institution - the Administration of the Pension Fund of the Russian Federation for the Kirovsky District of Volgograd, collected in favor of the plaintiff the debt for the insurance part of the pension directly from the Ministry of Finance of the Russian Federation, while this federal executive body, acting within the limits of competence regulated by law, cannot act as a defendant in the dispute under consideration.

Under such circumstances, the court's conclusions are based on incorrect interpretation and application of these rules of substantive law.

Since, when considering the case by the court of first instance, a significant violation of the rules of substantive law was committed, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it necessary to cancel its decision, sending the case for a new trial to the same court. Accordingly, the ruling of the cassation court of the Volgograd Regional Court is subject to cancellation, since it upheld the decision of the court of first instance, which was rendered in significant violation of the norms of substantive law.

Guided by Art. 387, 390 Code of Civil Procedure of the Russian Federation, Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation

determined:

the decision of the Kirovsky District Court of Volgograd dated March 7, 2008, the ruling of the judicial panel for civil cases of the Volgograd Regional Court dated May 14, 2008 is cancelled, the case is sent for a new trial to the court of first instance.

DISPUTES RELATED TO UNPAID PENSION.

1. Non-payment of pension - definition.

2. How to collect unpaid pension.

3. Collection of unpaid pensions - judicial practice.

1. NON-PAYMENT OF PENSION - DEFINITION.

So, let’s consider situations that often occur in legal practice, when a citizen who has the right to a pension, for some reason does not receive a pension guaranteed by law. In general, in our country, an official guilty of non-payment of a pension can be prosecuted, including to criminal liability under Article 145.1 of the Criminal Code of the Russian Federation.

Most often, non-payment of a pension can occur in several cases: this is either when assigning a pension to a citizen, or when transferring from one pension to another, for example, when transferring from military pension for work. It is possible that a citizen receiving a disability pension does not provide documents for the annual re-examination of disabled people on time. But, of course, no one is immune from the negligence of pension fund employees.

If non-payment of a pension occurs after filing an application for a pension with the Pension Fund, you need to know: The Federal Law “On Labor Pensions” clearly defines all deadlines. Consideration of the application must take place within 10 days from the date of acceptance of the application for a pension, and if, for some reason, the Pension Fund refuses to assign a pension, then the applicant must be notified no later than 5 days from the date of the decision on refusal, with a mandatory indication of the reasons such a refusal.

Retirees receiving a pension, we believe, should not worry if the payment of the pension is delayed by 3-5 days, this happens, but if the pension is not paid for 2 weeks or more, this is a reason to contact the pension fund for clarification.

2. HOW TO COLLECT AN UNPAID PENSION.

If a situation arises where the pension is not paid, the first thing you need to do is submit a statement with which you present your arguments and demand explanations about the current situation. Perhaps the pension fund has some errors in documents or technical problems, etc. You also need to contact the Pension Fund to receive a written response outlining the situation from the pension fund. If you are not satisfied with the answer, or the answer is simply a reply, then the next authority will be the prosecutor's office.

The prosecutor's office has the authority to go to court in the interests of protecting the violated rights of pensioners, especially if it is difficult for them to do this themselves due to some reason, such as limited mobility or other serious health problems. Of course, you can skip this stage and immediately file a claim in court. If the prosecutor’s office determines that failure to pay a citizen’s pension has led to serious consequences, for example, the inability to pay for treatment, which causes harm to health, the culprit may be held criminally liable.

3. COLLECTION OF UNPAID PENSION - COURT PRACTICE.

Judicial practice in cases of recovery of unpaid pensions is clear and not contradictory. A statement of claim for recovery of an unpaid pension should be filed, depending on the amount that needs to be recovered, either to the magistrate’s court, if the amount is less than 50 thousand rubles, or to the district (city) court, for a larger amount, at the location of the territorial body of the pension fund.

If the plaintiff's claim is satisfied, the court will oblige the defendant to pay the plaintiff all unpaid pension amounts, taking into account all indexations. Let us note that, together with demands to recover the unpaid pension, the plaintiff may also demand to recover a penalty. Go to court to protect your violated pension rights, and our company’s lawyers are guaranteed to help you with this!

Pension- this is a monetary payment that citizens receive monthly from the state or non-governmental organizations when they have such a right in accordance with the norms established by law, such as compensation for earnings or income lost due to various reasons: achievements of citizens retirement age(for old age) or length of service (for long service), the onset of disability, loss of a breadwinner, as well as in other cases.

All types of government payments are subject to inheritance. Thus, the unpaid pension by the day of death of the deceased is subject to payment subject to compliance with the requirements and norms of the law.

Laws governing the inheritance of unpaid pensions

This issue is regulated by Article 23 of the Federal Law “On labor pensions in the Russian Federation” No. 173-FZ (hereinafter referred to as Federal Law No. 173-FZ) and Article 1183 Civil Code(hereinafter referred to as the Civil Code).

Thus, the first document determines that the amount of accrued pension payments due to a citizen of retirement age in the current month, but not received by him in connection with death in the same month, are not included in the estate(personal property). They are paid to family members of the deceased who lived with him on the day of his death.

Persons who are defined in paragraph 2 of Article 9 of Federal Law No. 173-FZ have the right to apply for inherited sums, and can do this no later than six months from the date of death of the pensioner. If several persons apply for an unpaid pension, the entire accrued amount is distributed evenly among them.

The second document determines the right to receive the pension amount accrued but not paid to the pensioner due to his death, family members who lived with him, as well as disabled dependents, regardless of cohabitation with the deceased. Moreover, contrary to Federal Law No. 173-FZ, the Civil Code of the Russian Federation provides for a shorter period for applying for these payments - 4 months from the date of death of the testator.

Unpaid pension. Order of succession

If relatives and citizens entitled to receive the unpaid pension of the deceased did not submit their demands for its payment within the above deadlines, or they are absent, then such amounts are included in the total composition of the inheritance mass. After which they are inherited along with other property as determined by law. general principles, if the testator did not leave a will after his death. That is, the heirs will be called to inherit in order of priority, provided for in Art. 1142-1145 and 1148 Civil Code of the Russian Federation:

  • first, heirs according to the law of the first priority (subject to the absence of a will);
  • further, heirs of subsequent orders - in the absence of previous heirs, or in the case when they refused to accept the inheritance or were deprived by the testator of the right to inherit.

Payments of inherited pension amounts to heirs of the same line are distributed evenly in equal shares to each of them.

The testator can express his will and, at his own discretion, dispose of the pension funds, that is, savings in the event of his death. before retirement. To do this, he must either leave the corresponding statement, or do it at a notary will. In such cases, all payments due to him during his lifetime are inherited by the persons indicated in the application or will.

In practice, there are often cases when notary offices, immediately after the death of a pensioner, issue relatives with an order to pay the funeral expenses of the deceased at the expense of unpaid pensions, which is unlawful. These expenses and a number of other expenses are reimbursed only at the expense and within the limits of the value of the inherited property.

Unpaid pension. Species covered by inheritance

There are several types of labor pension.

  • Insurance pension. This includes old-age, disability or survivors' pensions.
  • Funded pension.
  • Basic pension. This is a state pension, which includes pensions for long service, old age, disability and loss of a breadwinner, as well as social.

The basic amount of the insurance part of the pension is fixed. This is the established minimum amount of state benefits in connection with lost earnings, equal for everyone. This part of the pension is not subject to inheritance.

If the insured citizen does not live until the time when the accrual and payment of the insurance part of the pension should begin, then with these amounts financing of survivor's pension is provided, which is assigned to close relatives of the deceased in the order of priority established by law. If the death of a pensioner occurred when he was already receiving the insurance part of the pension, then its unpaid amount is included in the solidarity system to finance current pension payments.

The funded part of unpaid pensions is inherited in full. In this case, the time factor of a citizen’s death is important: the person’s death occurred before he reached retirement age or after the accrual of the funded part of the pension was accrued to him, but provided that the deceased never received it. If the pensioner has been accrued the specified part of the pension, and he received it at least once, then in the event of his death it is not subject to inheritance.

Note that accumulative part pensions consists of two parts, so it is concentrated V different places . One part of the insurance premiums, which goes to finance the retirement pension, is taken into account in a special part of the personal account of the insured person. The second part is transferred to a non-state pension fund (hereinafter - NPF) at the request of such an insured person.

Thus, we can conclude that all unpaid pensions at the time of the pensioner’s death are subject to inheritance; types of payments accrued in this month regardless of the period for which they are accrued, as well as the unpaid volume of the funded part of the labor pension and voluntary pension savings in NPFs not accrued before his death or accrued but never received by him.

Examplewhat

Pensioner T. has not applied for his pension for a long time, namely since 02/01/2014. Therefore, guided by Article 22 of Federal Law No. 17-FZ, the territorial administration of the Pension Fund at T.’s place of residence stopped paying pensions from 02/01/2015. In April of this year, pensioner T. died, and his brother, who lived with him, applied to the Pension Fund with a request to pay him the entire lost pension of T. for the entire period of non-payment from 02/01/2014 to April 2015. The example shows that the brother of the deceased pensioner had the full and preferential right to these payments. Therefore, the Pension Fund management made appropriate accruals in the pensioner’s personal account of all the pension amounts due to him during his lifetime for the entire period of non-payment, which the brother of the deceased received.

Persons who have the right to receive an unpaid pension

It has already been noted that the amounts of labor pension accrued in the current month, but not paid by the day of the pensioner’s death, can be received by members of his family who lived with him at the time of his death and who applied for payment within the period established by law. Clause 2 of Art. 9 of Federal Law No. 173-FZ defines the circle of such persons. These include disabled family members of the deceased.

  1. His children, brothers and sisters, and grandchildren:
    • under 18 years of age;
    • full-time students in all educational institutions, except for additional ones (until their completion, but not more than until the age of 23);
    • over 18 years of age, but before that moment they became disabled, limited in their ability to work (at the same time, brothers, sisters and grandchildren are recognized as disabled members of his family if they do not have able-bodied parents).
  2. One of his parents, his spouse or grandparent, regardless of their age and disability, as well as a brother, sister or child of the deceased who has reached the age of 18 years old and who do not work because they are caring for under 14 years of age children, brothers, sisters or grandchildren of the deceased, and have the right to receive a labor pension for the loss of a breadwinner.
  3. His parents and husband:
    • are disabled people with limited ability to work.
  4. His grandparents:
    • those who have reached retirement age;
    • who are disabled, limited in their ability to work (in the absence of persons obliged to support them, according to the law).

The pensioner lived with two adult children, 47 and 42 years old. After her death on January 10, 2015, they turned to the territorial office of the Pension Fund at their place of residence with a demand to pay them the pension due to their mother for January, which she did not manage to receive. Although the pensioner’s children do not belong to the persons specified in paragraph 2 of Art. 9 of Federal Law No. 173-FZ, they were paid the specified amount of money, guided by clause 1 of Art. 1183 of the Civil Code of the Russian Federation, as members of the deceased’s family who lived with her.

It was also noted that paragraph 1 of Art. 1183 of the Civil Code of the Russian Federation defines the circle of persons who have the right to receiving inherited amounts of unpaid pension deceased pensioner. They are family members of such a citizen who lived with him, as well as his disabled dependents, regardless of cohabitation with the deceased.

Another law provides that unpaid pension amounts must be paid to family members of the deceased pensioner who performed his funeral.

Based on all that has been said, it follows that the Federal Law reduces the circle of persons for whom an unpaid pension may represent the subject of inheritance and who have the right to the specified payments, only to disabled family members of the deceased. While the Civil Code of the Russian Federation does not specify the list of these persons, but only limits them to the need to live together with the deceased.

These and other contradictions between the Federal Law, the Civil Code and other laws must be eliminated in the process of their legal application.

The niece of a deceased pensioner contacted the pension fund and was organizing his funeral. She had spent a considerable part of her savings and wanted to at least partially return them. The pension fund, having examined the documents she submitted, refused to receive her unpaid pension to the deceased, citing the fact that she did not belong to the persons specified in the Federal Law, nor lived together with her uncle, as required by the Civil Code of the Russian Federation. The Pension Fund did not take into account the provision of the law, which provides for such payments to family members performing the funeral of a relative. Since no one else applied for the unpaid pension of the deceased pensioner within the period established by law, this amount was included in the estate. Therefore, after six months from the date of opening of the inheritance, in the absence of heirs according to the law of the first stage and other, besides her, heirs of the second stage, the niece will be able to receive the unpaid pension of the deceased uncle in the order of inheritance by right of representation.

Heirs, or, as they are also called, legal successors, who have the right to receive the funded part of the labor pension, taken into account in a special part of the individual personal account of the deceased insured person, are divided into two categories - heirs by application and heirs by law.

  • Heirs upon application the specified pension savings are persons who were identified by the deceased while still alive, and included in the corresponding application left with the Pension Fund at the place of residence.
  • Heirs by law The funded part of the pension is the relatives of the deceased person, payments to whom are made regardless of their age and ability to work, in accordance with the order of succession established by the Civil Code of the Russian Federation.

Deadline for submitting claims for payment of the unpaid part of the pension

In order for the unpaid pension to be received , you need to collect a package of required documents and present them within the period established by law.

So, for persons specified in paragraph 2 of Art. 9 of Federal Law No. 173-FZ, a deadline is established for submitting claims for receipt of these payments, which is limited six months from the date of death of the testator.

According to paragraph 2 of Art. 1183 of the Civil Code of the Russian Federation, the relevant documents and requirements must be presented by members of the family of the deceased before the expiration of a four-month period from the date of opening of the inheritance.

If the deadline for applying for unpaid amounts of the deceased’s pension was missed for some reason and the court considers these reasons to be valid, then in this case it seems possible restoration of missed deadline.

In practice, there is often an unlawful issuance by a notary of a certificate of inheritance in more early date than is established by current legislation, namely before the expiration of six months from the date of opening of the inheritance. Although there are exceptions in such matters. So, paragraph 2 of Art. 1163 of the Civil Code of the Russian Federation indicates that when inheriting by law or by will, a certificate that confirms the right of inheritance can be issued to persons entitled to this, and before the specified date. At the same time a necessary condition there will be reliable data that the testator has no other heirs who have the right to inherit his property, except those who applied for acceptance of the inheritance.

Conclusion

  • Unpaid pension of a deceased pensioner is included in the inheritance if persons entitled to do so within the period established by law did not make any demands to receive them.
  • Subject to inheritance all types of pensions unpaid at the time of the pensioner’s death, as well as part of the pension savings not accrued before his death.
  • The legislation defines the circle of persons entitled to receive an unpaid pension.
  • The deadline for submitting claims for payment of unpaid pensions has been established, which is four months from the date of death of the pensioner(according to the Civil Code of the Russian Federation) and six months (according to Federal Law No. 173-FZ).

Disabled citizen V. and his son R. - disabled since childhood - lived with their maternal nephew O. for about nine years. Since O. was lonely - his father was deprived of parental rights when he was still small, his mother and wife died, the children had long gone to live abroad and were not interested in their father’s life, he had no siblings, he took him in for the support of a disabled uncle and his son. A year ago, O. retired and was awarded a fairly decent pension. But it so happened that O. suddenly died. His brother immediately showed up (his father’s son from his second marriage) and began to declare that the unpaid pension of his deceased uncle belonged to him. Therefore, V. is interested in the question of which of the two has a priority right to receive the indicated cash payments, taking into account kinship and other factors?

Clause 1 of Art. 1183 of the Civil Code of the Russian Federation provides for a circle of persons, the unpaid pension of the deceased can be inherited in the first place. These also include family members of the deceased pensioner who lived with him, as well as his disabled dependents, regardless of their joint residence. In this situation, except for the disabled citizens V. and R., who were dependent on the deceased relative, there were no other family members living with him. Therefore, the only ones who have the right to receive an unpaid pension are the disabled dependents of V. and R.

The brother of their father who died from his second marriage has shown up and has no right to do so. And not only because he did not live with him, but also because. the father was at one time deprived of parental rights in relation to O. Therefore, neither the father of the deceased, nor even more so his son from his second marriage, can claim O.’s unpaid pension and his property in general.

On the collection of unpaid pensions, taking into account indexation

Case no.

Accepted Oktyabrsky District Court of Krasnoyarsk ( Krasnoyarsk region)

  1. Oktyabrsky District Court of Krasnoyarsk, consisting of:
  2. presiding judge: Kharitonov A.S.
  3. with the participation of plaintiff Lebedev E.F.,
  4. representative of the defendant – O.S. Ivanova,
  5. under the secretary: Sokolova E.V.,
  6. Having considered in open court a civil case based on the claim of Lebedev E.F. to the Administration of the Pension Fund of the Russian Federation (GU) for the Oktyabrsky district of Krasnoyarsk about the collection of unpaid pensions, taking into account indexation,

  7. Installed:

  8. Lebedev E.F. filed a lawsuit against the Administration of the Pension Fund of the Russian Federation (GU) in the Oktyabrsky district of Krasnoyarsk for the recovery of unpaid pension from the defendant for the period from August 1999 to January 2003 inclusive, taking into account its indexation for August 2009, as well as the recovery of legal costs in the amount of 6,000 rubles related to the execution of a notarized power of attorney and payment for the services of a representative. He motivated his demands by the fact that by the decision of the Oktyabrsky District Court of Krasnoyarsk dated 04/07/2009, which entered into legal force on 07/15/2009, he (the plaintiff) was recognized as having the right to early appointment old-age pension from the date of application - 08/11/1999, taking into account the inclusion in the length of service for the early assignment of an old-age labor pension of periods of work as a driver of a timber truck, after which the defendant paid him (the plaintiff) a pension for the period from August 1999 to January 2003 year (the date from which the plaintiff was assigned a pension upon reaching the age of 60) in the amount of 38,702 rubles 90 kopecks. At the same time, taking into account indexation, the pension not received by the plaintiff as of August 2009 amounted to 102,822 rubles, in connection with which he asks to recover the difference between this amount and that paid to him by the defendant.
  9. At the court hearing, plaintiff Lebedev E.F. supported the requirements set out in the statement of claim in full on the grounds stated above.
  10. The representative of the defendant of the Main Directorate of the UPF of the Russian Federation in the Oktyabrsky district of Krasnoyarsk is O.S. Ivanova. (acting on the basis of power of attorney No. 136 dated June 20, 2011) objected to the satisfaction of the claim, pointing out that in accordance with paragraph “c” of Art. 7 Federal Law of the Russian Federation dated DD.MM.YYYY No. “O” state pensions in the Russian Federation" the increase in assigned pensions in connection with the increase in wages in the country is carried out four times a year - from February 1, May 1, August 1 and November 01, and the increase in pensions calculated according to the norms of the Law without applying an individual coefficient is carried out within the time limits provided for in paragraph “c”, by indexation in accordance with the increase in the average monthly payment in the country, thus, the calculation for the period from August 1999 to January 2003 to Lebedev E.F. produced taking into account indexation. In addition, the pension authority is not to blame for the delay in payment made on the basis of a court decision. As for the collection of legal costs, the plaintiff did not provide evidence of incurring these costs in the framework of this case.
  11. The court, having heard the persons participating in the case, having examined the evidence presented by the parties, considers the claims of Lebedev E.F. subject to partial satisfaction, on the following grounds:
  12. In accordance with the Code of Civil Procedure of the Russian Federation, at the request of the claimant or debtor, the court that considered the case may index the amounts of money collected by the court on the day of execution of the court decision.
  13. Considering that the decision of the Oktyabrsky District Court of Krasnoyarsk from DD.MM.YYYY in the case of the claim of Lebedev E.F. to the Office of the Pension Fund of the Russian Federation (State Institution) in the Oktyabrsky district of Krasnoyarsk on recognition of the right to early assignment of a labor pension; the debt of the pension to the plaintiff for the period from 1999 to 2003 was not recovered, Lebedev E.F. claims have been justifiably filed in accordance with the provisions of the Code of Civil Procedure of the Russian Federation.
  14. In accordance with paragraph. 2 tbsp. 58 of the Law of the Russian Federation N 4468-1 of February 12, 1993, the amount of the pension not received by the pensioner in a timely manner due to the fault of the body assigning or paying the pension is paid for the past without limitation by any period.
  15. According to the requirements established by the Civil Code of the Russian Federation, the amount paid under a monetary obligation directly for the maintenance of a citizen... is indexed taking into account the level of inflation in the manner and cases provided for by law.
  16. Indexation of the awarded sums of money does not depend on the debtor’s guilt in the long-term non-recalculation of the pension, since indexation is not a measure of the debtor’s civil liability for improper performance of his duties, but a mechanism that makes it possible to fully compensate for the plaintiff’s losses from the long-term non-payment of the pension in full. Considering that the non-payment of the pension caused property damage to the plaintiff, the court has the right to satisfy his request to index the amount of the underpaid pension taking into account the consumer price growth index calculated by state statistical bodies.
  17. As can be seen from the case materials, by the decision of the Oktyabrsky District Court<адрес>from DD.MM.YYYY in the case according to the claim of Lebedev E.F. to the Office of the Pension Fund of the Russian Federation (State Institution) in the Oktyabrsky district of Krasnoyarsk on the recognition of the right to early assignment of a labor pension, left unchanged by the cassation ruling of the Judicial Collegium for Civil Cases of the Krasnoyarsk Regional Court from DD.MM.YYYY, for Lebedev E.F. the right to early assignment of an old-age pension was recognized from the date of application - DD.MM.YYYY of the year, with the obligation being imposed on the Administration of the Pension Fund of the Russian Federation in the Oktyabrsky district of Krasnoyarsk to include in the length of service for the early assignment of an old-age labor pension the period of work: from DD. MM.YYYY to DD.MM.YYYY in position<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY as a driver<данные изъяты>
  18. As established at the court hearing, Lebedev E.F. in connection with reaching the age of 60 years with DD.MM.YYYY, an old-age pension was assigned (on general terms).
  19. In connection with the recognition by the court decision of Lebedev E.F. the right to early assignment of an old-age pension from the date of application - DD.MM.YYYY, with the assignment of responsibility to the Administration of the Pension Fund of the Russian Federation in<адрес>include in the length of service for early assignment of an old-age labor pension the period of work: from DD.MM.YYYY to DD.MM.YYYY as a driver of a timber truck<данные изъяты>; from DD.MM.YYYY to DD.MM.YYYY as a driver of a timber truck<данные изъяты>", the defendant's party DD.MM.YYYY was accrued and paid to Lebedev E.F. pension for the period from August 1999 to January 2003 (inclusive) in the amount of 38,702 rubles 90 kopecks (case sheet 47-49). What was stated by the parties was not disputed at the court hearing.
  20. In this regard, Lebedev E.F. requests to recover from the Administration of the Pension Fund of the Russian Federation (GU) in the Oktyabrsky district of Krasnoyarsk the unpaid pension for the period from August 1999 to January 2003 inclusive, taking into account indexation for August 2009, taking into account the fact that the total amount of debt, taking into account indexation since August 1999 to January 2003 inclusive, taking into account indexation for August 2009, amounted to 102,822 rubles, minus the paid pension in the amount of 38,702 rubles 90 kopecks, according to the calculation presented by the plaintiff (case file 17-18).
  21. Having assessed the evidence presented by the parties, regarding the requirements of Lebedev E.F. on the recovery from the Administration of the Pension Fund of the Russian Federation (GU) in the Oktyabrsky district of Krasnoyarsk of an unpaid pension for the period from August 1999 to January 2003 inclusive, taking into account indexation for August 2009 in the amount of 64,119 rubles 10 kopecks, the court takes into account the fact that over the past period of time, due to inflation and rising prices, the amount of debt has depreciated, and therefore, the court considers it necessary to recover from the Office of the Pension Fund of the Russian Federation (GU) in the Oktyabrsky district of Krasnoyarsk the pension debt of E.F. Lebedev. taking into account the indexation of the amount to consumer price growth indices determined by the Territorial body of the Federal State Statistics Service for the Krasnoyarsk Territory, taking into account that consumer price growth indices, being an economic indicator of price growth, objectively reflect the level of inflation at the plaintiff’s place of residence and characterize inflation processes in country, based on the following calculation:
  22. The calculation of the unpaid pension, taking into account indexation for the period from August 1999 to January 2003 (inclusive), as well as the unpaid pension, taking into account indexation from 2003 to August 2009, is subject to recovery based on the following calculation:
  23. Result (gr.4 gr.5) 4 6 335.84 340.21 500.126 503.63 503,627 515.21 574,270 582.88 582.884 595,12 2 537,05 595.125 618,93 709,480 716,57 716.575 723.02 723.024 728.81 784.878 791,94 791,942 805,40 805.405 808,63 808.627 819,14 819,139 829,79 829,787 850,53 908.642 928.63 928.632 949.99 9 571,39 949,991 986,09 1050.060 1 064.76 1064.761 1 079.67 1079.668 1 104.50 1104,500 1 121,07 1121,068 1 161.43 1161.426 1 169.56 1239.916 1 252.32 1252,315 1 258,58 1258,577 1 268,65 1268.646 1 304.17 1304.168 1 332.86 14 103,64 1782,459 1 839,50 1926,828 1 953,80 1953.804 2 014.37 1430.81 1430,81 1430,81 1430.81 1559,58 1559,58 1559,58 1559,58 1559,58 17 726,24 150,92 38 702,90 2003 2004 2005 2006 2007 2008 2009 January February March April May June July August TOTAL:
    Period Original amount Amount increased pensions Amount to be calculated gr.3+gr.6 previous month) Coeff. Inflation %
    1 2 3 5
    August 335,84 0 101,30%
    September 495.76 159.92 100.70%
    October 495,76 0 102.30%
    november 554,82 59.06 101,50%
    December 554,82 0 102.10%
    TOTAL 1999: 2 437,00
    January 554,82 0 104,00%
    February 645,37 90,55 101.00%
    March 645.37 0 100,90%
    April 645,37 0 100.80%
    May 701,44 56.07 100.90%
    June 701,44 0 101,70%
    July 701,44 0 100.40%
    August 701.44 0 101,30%
    September 701,44 0 101,30%
    October 701,44 0 102,50%
    november 759,55 58,11 102.20%
    December 759.55 0 102.30%
    TOTAL 2000: 8 218,67
    January 759,55 0 103.80%
    February 823,52 63,97 101.40%
    March 823.52 0 101,40%
    April 823,52 0 102,30%
    May 823,52 0 101,50%
    June 823,52 0 103.60%
    July 823.52 0 100.70%
    August 893.88 70.36 101.00%
    September 893,88 0 100,50%
    October 893,88 0 100,80%
    november 893.88 0 102,80%
    December 893.88 0 102,20%
    TOTAL 2001: 10 170,07
    January 1343,48 449.6 103,20%
    February 1430.81 87.33 101,40%
    March 1430.81 0 103.10%
    April 0 2014.372 100.90% 2 032.50
    May 0 2032,501 101,40% 2 060,96
    June 0 2060.956 100.50% 2 071,26
    July 0 2071.261 100.70% 2 085.76
    August 128,77 2214.530 99,80% 2210.10
    September 0 2210,101 101,30% 2 238,83
    October 0 2238.832 101,10% 2 263.46
    november 0 2263.459 101.20% 2 290.62
    December 0 2290.620 101.20% 2318.11
    TOTAL 2002: 25 379,27
    January 2003 -1408,66 909,448 103,20% 938,55
    TOTAL: 52 529,90
    TOTAL from 1999 to 2002 51 591,35
    38 702,90 51 591,35 118,40% 61 084,16
    61084.158 110,30% 67 375,83
    67375.826 109.30% 73 641.78
    73641.778 109.60% 80 711,39
    80711,388 109,20% 88 136,84
    88136,836 111,80% 98 536,98
    0.00
    98536.983 102,20% 100 704.80
    100704.797 101.40% 102 114.66
    102114,664 101,50% 103 646,38
    103646,384 100,50% 104 164.62
    104164.616 100,30% 104 477.11
    104477.109 100,70% 105 208.45
    105208,449 100,50% 105 734,49
    105734.491 100,10% 105 840.23
    105 840,23
  24. Thus, taking into account the above calculation, the unpaid pension for the period from August 1999 to January 2003 inclusive, taking into account indexation for August 2009 in the amount of 67,137 rubles 33 kopecks ( 105840.23 (total amount taking into account indexation) – 38702.90 (amount of pension paid for the period from 1999 to January 2003).
  25. However, since the plaintiff claimed to recover the indexation amount for the specified period in the amount of 64,120 rubles, the court has no reason to go beyond the price of the claim.
  26. In this case, the court takes into account the fact that evidence of a different calculation (the total amount taking into account indexation) by the defendant, by virtue of the Code of Civil Procedure of the Russian Federation, was not presented and was not disputed.
  27. The defendant's arguments that there are no legal grounds for indexing the amount of the pension for the period of payment: from August 1999 to January 2003, in connection with the indexation of its size in accordance with the coefficients established by the Government of the Russian Federation and certain laws based on paragraphs. 6.7 tbsp. 17 Federal Law No. 173, as well as for subsequent indexation of the amount of the pension for the disputed period, paid to the plaintiff in 2009 on the basis of a court decision in the absence of fault of the pension authority for the delay, are not accepted by the court, since they are based on an incorrect interpretation current legislation. As established at the court hearing, by the decision of the Oktyabrsky District Court<адрес>from DD.MM.YYYY the right of Lebedev E.F. was established. for the early assignment of a pension from DD.MM.YYYY, in connection with which the defendant’s side accrued to the plaintiff a pension for the period from the specified date to DD.MM.YYYY in the amount of 38,702 rubles 90 kopecks, which was paid to Lebedev E.F.DD. MM.YYYY. Thus, since during the period of non-receipt of the pension, its amount depreciated as a result of inflation, Lebedev E.F. has the right to indexation of the untimely paid amount, regardless of the absence of fault of the pension authority in the delay in payment.
  28. According to the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case.
  29. The Code of Civil Procedure of the Russian Federation provides that the party in whose favor the court decision was made, upon its written request, the court awards the other party the costs of paying for the services of a representative within reasonable limits.
  30. Considering the stated claims of Lebedev E.F. on the collection of legal expenses in the amount of 6,000 rubles incurred by the plaintiff, of which 1,000 rubles for the execution of a notarized power of attorney and 5,000 rubles for the services of a representative, then the court considers it necessary to satisfy the stated requirements only in terms of recovery from the defendant of legal expenses incurred in connection with the execution the plaintiff's side issued a notarized power of attorney for the representative - Lebedeva Z.N. participated in court hearings in the amount of 1000 rubles, which is confirmed by the submitted notarized power of attorney.
  31. At the same time, the requirements of Lebedev E.F. In terms of recovery from the defendant of legal expenses incurred by him in connection with payment for the services of a representative in the amount of 5,000 rubles, the court considers that they are not subject to satisfaction.
  32. As can be seen from the case materials, Lebedev E.F. asks the court to recover from the defendant the legal costs of paying for the representative's services in the amount of 5,000 rubles, the plaintiff confirms the fact of payment of the said amount in this case by the submitted agreement dated DD.MM.YYYY (case file 13), from which it follows that Sidorova L.A. . accepted from Lebedev E.F. 5,000 rubles for the provision of legal services (consultation, drawing up a statement of claim, representation in court with all the rights of the plaintiff, appealing court decisions in the regional court, approval of real estate in various instances), representing interests in private prosecution cases, administrative cases , at the same time, evidence that legal services were paid for by Lebedev E.F. It is in this case that the court has not been presented and this does not follow from the presented agreement. The said agreement is dated DD.MM.YYYY, whereas in the present case statement of claim was submitted by Lebedev E.F. DD.MM.YYYY, while Sidorova L.A. which the funds were accepted under the said agreement did not participate in the court hearing. Thus, there is no evidence that legal services were provided to E.F. Lebedev. and paid by the plaintiff in this case, the latter was not presented by virtue of the Code of Civil Procedure of the Russian Federation.
  33. The list of expenses that relate to the costs associated with the consideration of the case is indicated in the Code of Civil Procedure of the Russian Federation.
  34. At the same time, based on the interpretation of this article, only those expenses that are directly related to the consideration of the case in court are taken into account as part of legal costs.
  35. There was no evidence presented to the court that Lebedev E.F. actually incurred legal costs in the amount of 5,000 rubles in the present case in connection with filing a claim for indexation of amounts, and therefore in satisfying the demands for the recovery of legal costs in the amount of 5,000 rubles to Lebedev E.F. must be refused.
    36. To recover from the Office of the Pension Fund of the Russian Federation (GU) for<адрес>in favor of Lebedev E.F. unpaid pension, taking into account indexation, in the amount of 64,120 rubles, legal costs for drawing up a notarized power of attorney in the amount of 1,000 rubles, and a total of 65,120 rubles.
  36. The rest of the claims will be rejected.
  37. The decision can be appealed in cassation to the Krasnoyarsk Regional Court through the Oktyabrsky District Court of Krasnoyarsk within 10 days from the date the decision was made in final form.
  38. The copy is correct.
  39. Chairman: A.S. Kharitonov