Survivor's pension for a full-time student: design features

Losing a family member is not an easy experience. And this is not only due to emotional shock. Often this situation leads to a deterioration in the financial situation. Therefore, the state is obliged to compensate part of the family income. This is expressed in the form of benefits for the loss of the sole breadwinner. Citizens entitled to receive a pension include children under 18 years of age and students receiving education. What types of benefits are available for children after the loss of one or both parents? Until what age does the pension accrue? We will answer these and other questions in our article.

Survivor's pension for a full-time student

Who is recognized as the sole breadwinner?

There is no clear definition of the sole breadwinner in a family in Russian legislation. Family members whose earnings are the only income for the family and who have minor children in their care may be recognized as such. Certificates of family composition and financial documents confirming the receipt of funds from only one of the family members are accepted as evidence.

The breadwinner of a family is a family member whose earnings are the only income for the family, although there is no clear definition in law

Types of insurance pensions for the loss of a survivor

In Russia, there are 3 types of benefits, the purpose of which is provided for by current legislation in the event of the death of the breadwinner:

The type of pension is determined depending on the presence or absence of work experience. If the deceased had an official income and there were transfers to the Pension Fund in his favor, then his relatives can apply for an insurance pension. Otherwise, a social pension is assigned.

The amount of a student's survivor's pension

Current volume of cash assistance in 2018

In order to more accurately calculate the amount that is due for payments, experts often resort to the formula: PSPK = PKS divided (Pm by K) divided by CNC plus BR.

Let's decipher these abbreviations

• PKS – pension contributions for the period of work of the deceased.
• PSPC is the final pension amount.
• PM – the period when payments would have previously been made.
• K – the ratio of accruals for the entire period of work to 3 months.
• CNC is the number of disabled members in the family who have the right to receive this monetary security in connection with the death of the breadwinner.
• BR – the amount of assistance assigned by the state/indexed annually.

Moreover, it should be understood that there is also a minimum, that is, a lower limit for this pension provision, from which you will have to “dance”.

For 2021, the size of the survivor's pension for students has been established

• It is worth considering that for complete orphans (loss of breadwinners, children of a deceased mother), the amount of payments will be 9919 rubles for each month.
• For orphans (loss of father/mother), the payment will be 4,959 rubles per month.

What the law says

The rules for calculating and receiving benefits are determined at the level of federal legislation. Article 11 of Federal Law No. 166-FZ contains information about the categories of citizens entitled to receive social benefits in the event of the loss of a breadwinner. These include children under 18 years of age, as well as full-time students under 23 years of age. At the same time, payments are intended both for the loss of one breadwinner and for both parents.

Article 11 of Federal Law No. 166-FZ

Important! From January 1, 2021, children whose parents were unknown received the right to receive a pension. Previously, this category of citizens was in a more vulnerable position compared to other children, since they could only receive benefits through the court. This was due to the fact that there were no records of parents on the birth certificates. With the amendments coming into force, children whose parents are unknown are legally equal to those whose parents died.

The insurance pension is determined in accordance with Federal Law No. 400 of December 28, 2013. It is assigned to family members of the deceased who were in his care and who are unable to find work. This rule applies to missing breadwinners whose location is not determined.

Summary

• Is a student in a technical school entitled to a survivor's pension after turning 18?
• How much will the survivor's pension be paid after 18 years of age?
• What documents are needed to extend the survivor's pension after 18 years of age?
• How much is the survivor's pension paid after 18 years of age?
• What documents are needed to extend the survivor's pension after 18 years of age?
• Why was the survivor's pension up to 18 years old 6200, after 18 4200 rubles?
• Guardian's benefit and survivor's pension after 18 years of full-time study.
• Survivor's pension is paid in summer
• Until what age do you receive a survivor's pension?
• Survivor's pension for summer work
• Until what age does the survivor's pension last?
• Is the survivor's pension paid in the summer?

Questions

1. Is a student in a technical school entitled to a survivor’s pension after turning 18?

1.1. Hello. If he studies full-time, then the pension is paid until he is 23 years old. Federal Law of December 28, 2013 N 400-FZ (as amended on March 7, 2019) “On Insurance Pensions” Article 10. Conditions for assigning an insurance pension in the event of the loss of a breadwinner

This is interesting: Return of the funded part of the pension in 2021

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation. 2. Disabled members of the family of a deceased breadwinner are recognized as: 1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations carrying out educational activities, including in foreign organizations located outside the territory of the Russian Federation, if the referral for training was made in accordance with international treaties of the Russian Federation, until they complete such training, but no longer than until they reach the age of 23 years

or children, brothers, sisters and grandchildren of the deceased breadwinner over this age, if they became disabled before reaching the age of 18 years. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

2. How much will the survivor's pension be paid after 18 years of age?

2.1. Hello! After 18 years of age, no pension is paid.

2.2. If you are a full-time student, in this case you will receive exactly the same pension until the age of 23

3. What documents are needed to extend the survivor's pension after 18 years.

3.1. Documents about studying at school, or at a full-time department of a university or secondary school

3.2. Hello, a pension after 18 years of age is paid if the child is studying full-time at an educational institution (provide a certificate from the place of study), and does not have to be officially employed.

4. How much is the survivor's pension paid after 18 years of age?

4.1. Hello! Pensions are not paid after 18 years of age unless you are a full-time student.

5. What documents are needed to extend the survivor's pension after 18 years.

5.1. Pavel, contact the Pension Fund.

6.1. Hello! ask this question in PF

7. Guardian's benefit and survivor's pension after 18 years of study.

7.1. Disabled family members of the deceased breadwinner who were dependent on him have the right to a labor pension in the event of the loss of a breadwinner. Disabled members of the family of a deceased breadwinner are children under the age of 18, as well as children studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23. But if there was a break between the 18th birthday and the moment of admission to full-time study at the university, then at the age of 18 the right to a pension is lost, and is restored only from the date of enrollment in the educational institution

8. I receive a survivor’s pension after 18 years of age because I am studying full-time and have been working for a month or so, I need to contact the pension fund to report this. Will I get anything for the fact that I didn’t tell them that I was working for a month, besides the fact that I will have to give them money? And will I need any documents from what date I am working, etc.?

8.1. Yes, I need to report it. Apart from asking for your pension back, nothing else will happen.

9. We wanted to apply for a survivor’s pension for our daughter. Daughter is 19 years old. Full-time college student. The pension fund did not accept the documents because they asked for confirmation that her father helped her financially after the age of 18. We were divorced. Paid child support on time. After turning 18, I did not help financially. Is the pension fund's claim legal?

9.1. — Hello dear site visitor! The requirement is completely legal, and no one will make payment after turning 18 years old.

Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

9.2. Legal, since Part 1 of Article 10 of the Federal Law “On Insurance Pensions” provides for the right to a pension in the event of the loss of a breadwinner for the children of a deceased breadwinner who were his dependents. At the same time, according to part 4 of this article, the dependency of children of deceased parents is assumed and does not require proof, with the exception of these children

declared in accordance with the legislation of the Russian Federation as fully capable or
who have reached the age of 18 years
.
Since your daughter has already reached the age of 18, she will have to prove that she is dependent on her deceased father. She has the right to independently apply to the district court to establish the fact that she is dependent on the deceased, in a special proceeding. It should be taken into account that family members of the deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood
. This is what she has to prove in court, in accordance with Article 56 of the Code of Civil Procedure of the Russian Federation, using various evidence that meets the procedural criteria of relevance, admissibility and sufficiency. If the court grants her application and establishes the fact of dependency, she has the right to again apply to her PFR department for the assignment of a survivor’s pension to her in the prescribed manner (provided that she continues to study full-time and does not reach the age of 23). So it goes.

10. The daughter received a survivor's pension. She was later adopted by my husband. After she turned 18 and entered the university, they continued to pay her a pension. When she dropped out, they stopped paying her pension. And when she was reinstated at the university, she was denied a pension because she was adopted. What should I do?

10.1. Dear Olga, indeed, if your daughter is adopted, she will not be paid a survivor’s pension.

11. I would like to know how much the survivor’s pension comes after reaching the age of 18?

11.1. In the same amount, the size of the pension does not depend on age. Conditions for obtaining after 18 years of age, full-time study, payment until reaching 23 years of age.

12. I receive a survivor’s pension after I turn 18, since I am a full-time student. I am currently finishing my studies. Do I need to inform the Pension Fund that I have completed my studies? Do I have the right to receive an insurance pension until I am 23 years old if I provide a certificate stating that I am not employed anywhere?

12.1. Hello No, the survivor's pension is granted until the age of 23, subject to full-time study.

This is interesting: Who is entitled to early retirement?

13. The child received an insurance pension for the loss of a breadwinner and entered a university; what kind of pension will he receive, insurance or social? After 18 years.

13.1. The same one I received - a survivor's pension, until the age of 23, if studying full-time.

Receiving two pensions at the same time

A full-time student cannot receive two types of survivor's pension

The right to combine two pensions is enshrined at the legislative level in Article 10, Subclause 11, Clause 1 of Federal Law No. 166 for certain categories of recipients. These include fathers, mothers and widows of military personnel who died while serving in the armed forces or who died as a result of an acquired injury. At the same time, widows lose this opportunity when they re-enter into a marriage relationship. It is believed that in such a situation the spouse does not need compensation.

As for full-time students, it is impossible for them to receive two pensions. When determining the type of benefit, the Pension Fund is guided by the circumstances and assigns only one type of payment.

Who can apply for benefits

There are a number of persons who retain the right to apply for benefits. A pension for the loss of a single breadwinner is provided for:

1. To the wife or husband of the deceased breadwinner, provided that she does not have a job and, as a result, material income for subsistence.
2. For minor children.
3. Disabled children with disabled status.
4. To the parents of the deceased breadwinner.
5. Dependents.

Adult children also fall under this category. But here a condition must be met: they receive higher education, either in universities, or secondary specialized education in relevant institutions. However, for this category of persons the following requirements are required:

• the child will no longer receive a pension if he loses his sole breadwinner as soon as he reaches 23 years of age;
• the benefit is paid to a child student, only to a full-time student;
• you should visit the Russian Pension Fund. It is necessary to provide a certificate that the person is a student of a certain educational institution (according to the requirements above);

It is important to note that this rule does not apply to dependent children. This does not mean that they are not entitled to receive this benefit. The only difference is the payment amount. Persons who were supported in full or in part by the deceased breadwinner receive a smaller amount. This rule is spelled out and enshrined in the law of the Russian Federation “on pension payments in the event of the loss of a breadwinner.” It is also worth saying that if a student receives a scholarship at a university, this is not an additional source of income for this person. Therefore, its absence or presence does not in any way affect the payment of benefits.

The size of the survivor's pension in 2019

The amount of the benefit is determined by different parameters depending on the type. However, this figure should not be below the subsistence level. When a difference appears, an additional payment occurs, which is credited to the card or issued in cash as a separate payment.

The amount of survivor's benefit is determined by different parameters depending on the type, but should not be below the subsistence level

Insurance pension

The amount of the benefit for the loss of the sole breadwinner is tied to the amount of insurance payment for non-working pensioners. Its size is indexed annually. In 2021 it is 5,334 rubles 19 kopecks. The insurance benefit payment is 2,667 rubles 10 kopecks, that is, half of 5,334 rubles 19 kopecks.

Social pension

For children who have lost one of their parents, whose family income was the main one, the benefit amount is 5,283 rubles 84 kopecks. If both father and mother are lost, a child under 23 years of age will receive 10,567 rubles 73 kopecks. A child without parents receives the same amount.

Right to a survivor's pension after 18 years of age

The pension is granted to disabled family members of the deceased, on whose support they were.
This is a kind of compensation for lost income that dependents could have received during the life of the deceased. After children reach the age of majority, the accrual of compensation payments stops, but not for all. Extension of the pension is allowed in relation to the children of the deceased who continue their studies (Article 10 of the Federal Law No. 400). A full-time student is entitled to a survivor's pension until the age of 23. Full-time education means attending classes every day, as a result of which the child does not have the opportunity to find a job to support himself.

Such institutions include:

• secondary educational institutions;
• professional institutions;
• universities;
• postgraduate educational institutions.

The type of educational institution is not important, how and on what basis the training is conducted: paid or free. Survivor's pension and paid education are not mutually exclusive concepts. The fact that you are studying full-time is important.

Reasons for refusal or termination of payments

The most common reason for refusal to award compensation for the loss of a breadwinner is the loss of the basis for the calculation. The benefit is compensation for the inability to earn income, which means that when a job opportunity arises, the right to receive payments is lost.

When a student reaches the age of 23, completes his studies or is expelled from an educational institution before this age, the payment of the survivor's pension stops.

This rule also applies to children whose parent has passed away, and his income was the main source of funds in the family. When they reach the age of 23, complete their studies or are expelled from an educational institution before this age, payments stop. The recipient can re-enroll in training and continue to receive benefits.

Children and adult dependents may be denied a pension if their criminal actions caused the death of the breadwinner.

Who, besides students, is entitled to a survivor's pension?

A survivor's pension after 18 years of age is also entitled to:

• children of the deceased, if they received disability before reaching adulthood;
• adult children who have to care for minor relatives of the deceased under 14 years of age (children, sisters, brothers, grandchildren), if the latter do not have able-bodied parents.

The step-children of the deceased (adopted, guardianship) are in the same legal field as their natural children.

It is worth considering that when committing a criminal act that causes the death of the breadwinner, the dependent is entitled only to a social pension for the loss of a breadwinner (Article 10 of the Federal Law No. 400).

The amount of social pension is determined by Art. 18 Federal Law No. 166:

• 5034.25 rubles if one breadwinner died;
• 10,068.53 rubles for the loss of both parents, a single mother, and an orphan child.

The amount of the survivor's insurance pension is calculated using the formula in accordance with Art. 15 Federal Law for No. 400 and depends on the length of service of the deceased and the amount of salary.

The labor pension for the loss of a breadwinner for 2021 is (Article 16 of the Federal Law No. 173):

• orphans - 2562 rubles;
• for the rest of the disabled - 1281 rubles.

Procedure for receiving benefits

To register the right to accrual, the potential recipient must independently appear at the Pension Fund or Multifunctional Center (MFC) at the place of registration or stay. The application can be submitted through your personal account on the Pension Fund website or the State Services portal.

What documents are needed

List of documents required to apply for a survivor's pension

When submitting an application (you can download the application form here and the rules for filling it out here), the relative of the deceased must provide:

• passport of a citizen of the Russian Federation;
• document certifying the death of the sole breadwinner;
• papers proving relationship - a marriage certificate with the deceased or birth certificates of joint children;
• documents with information about work experience to receive insurance benefits;
• a certificate from the educational institution confirming full-time study;
• other documents confirming additional circumstances.

Where to contact

To apply for a survivor's pension, you must independently contact the Pension Fund or MFC at the place of registration or stay

The Pension Fund of Russia is responsible for calculating and paying compensation for the loss of a breadwinner. You can submit an application in one of several ways:

• during a personal visit to the regional office at the place of registration or stay;
• by mail, in which case the date and month marked on the envelope are considered the date of receipt of documents;
• through the MFC;
• through the Gosuslugi portal or your personal account on the Pension Fund website.

When using electronic means of submitting an application, you do not need to confirm your identity. The system automatically accesses the information previously submitted during registration.

Deadlines for assigning and receiving pensions

The date of assignment of the benefit is considered to be the date of death of the breadwinner, if no more than 12 months have passed since that date. If the application was submitted later, the date is considered to be the same date, but a year earlier. The day of assignment of state benefits is set to the first day of the month of application, but not earlier than the date of the right to receive compensation. If the applicant is declared incapacitated, payments will be made throughout the entire period, including without a time limit.

The pension fund has the right to review documents within 10 days. To avoid delays and delays, it is recommended that on the day of filing the application, request a copy of it with the specified date and signature of the Pension Fund specialist.

On the procedure for extending survivor pension payments to full-time students

The training of persons in organizations engaged in educational activities is confirmed by documents issued by these organizations.

The head of the Main Directorate of Pension Fund No. 9, Lyudmila Tarasova , reminds that in connection with the start of the new academic year, students receiving a survivor's pension in order to extend the payment must submit a certificate of admission to the educational institution. According to the current legislation, upon reaching the age of 18, payment of a survivor’s pension continues only under the condition of full-time education: “If a child receiving a pension under the SPC enters full-time study at a higher education institution or secondary specialized school, he must submit a certificate from the educational institution to the Pension Fund organization about your enrollment. It is enough to bring it once at the beginning of training. Payment of a pension to such a student will continue until graduation, but no longer than until they reach the age of 23.”

Also, at the beginning of the new school year, retired parents whose child over 18 years of age is enrolled in full-time education must submit a corresponding certificate from the educational institution to extend the increased fixed payment. The certificate must contain information about the form of study (full-time), with a mandatory reference to the number and date of the order for the educational institution. This certificate is issued once and indicates the entire period of study.

FOR REFERENCE : The question often arises whether pensions will be paid to students during seasonal holidays or academic leave. By law, payments continue as long as a person’s student status is current. During vacations and academic leave, a person does not lose his student status; accordingly, payments during this period continue.

The period for payment of the pension is determined by a certificate from the educational institution.

When survivor benefits stop:

— when a student is expelled from an educational institution;

— when transferring a student from full-time to part-time education;

- in connection with conscription for military service.

Payments stop on the 1st day of the month following the month in which the above circumstances occur.

It should be taken into account that in the event of expulsion from an educational institution, conscription into the army or transfer to correspondence education, former students must notify the territorial body of the Pension Fund of the Russian Federation at their place of residence by presenting a certificate of expulsion. This will prevent illegal receipt of funds.

If necessary, the citizen is provided with assistance in submitting an application electronically through the Personal Account on the Pension Fund website. To visit the territorial office of the Pension Fund of Russia, it is better to make an appointment in advance.

Source:

https://involokolamsk.ru/novosti/obrazovanie/o-poryadke-prodleniya-vyplaty-pensii-po-sluchayu-poteri-kormilca-studentam-ochnikam

Changes in 2021

In 2021, there were no changes to the legislative framework for calculating survivor pensions

Compared to the previous year, there were no changes to the legislative framework for calculating survivors' pensions. However, according to the government's plan, it is planned to index the insurance pension for non-working pensioners, which is the basis for calculating the insurance benefit for the loss of a breadwinner.

Restrictions have been lifted for students at foreign universities to receive survivor pensions

A survivor's pension is awarded to family members of the deceased breadwinner who are studying full-time in foreign educational organizations. Previously, such pensions were awarded only if there was a referral for training in accordance with an international treaty with Russia.

Types of survivors' pensions

Survivor pensions are included in both the compulsory pension insurance system and the state pension system.

The survivor's insurance pension is regulated by Federal Law No. 400-FZ dated December 28, 2013 “On Insurance Pensions” (hereinafter referred to as Law No. 400-FZ). To assign an insurance pension in the event of the loss of a breadwinner, two requirements must be met:

• the deceased has insurance experience;
• there is no unlawful act committed by a disabled family member and resulting in the death of the breadwinner.

The state survivor's pension is established in the event of the death of a conscript, cosmonauts and cosmonaut candidates.

Pension payments to family members of a deceased serviceman who served under conscription are paid in full, regardless of the fact of work.

The procedure for assigning and paying state pensions in the event of the loss of a breadwinner is regulated by Federal Law No. 166-FZ of December 15, 2001 “On State Pension Provision in the Russian Federation” (hereinafter referred to as Law No. 166-FZ).

Also, the establishment of rights to a survivor's pension is provided for:

• Law of the Russian Federation dated May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” (hereinafter referred to as Law No. 1244-1);
• Law of the Russian Federation dated June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation” (hereinafter referred to as Law No. 3132-1).

Who will receive a pension

Survivor pensions are assigned and paid to citizens classified as dependents.

These include children of a deceased breadwinner, as well as his brothers, sisters and grandchildren, studying full-time at foreign universities, provided that they do not have able-bodied parents (Clause 1, Part 2, Article 10 of Law No. 400-FZ, para. 10 Article 2 of Law No. 166-FZ).

In the event of the loss of a breadwinner, adopted children also receive a pension from the judicial system (paragraph 2, 3, paragraph 4.2, article 20 of Law No. 3132-1). And according to Law No. 1244-1 - only children of Chernobyl victims.

Despite some differences in the composition of potential “pensioners,” all of these laws had a common limitation. It was possible to count on financial support from the state only in the case when “the referral for training was made in accordance with the international treaties of the Russian Federation.” That is, if a person entered a foreign university to study on his own, of his own free will and desire, but found himself in a difficult situation and lost his breadwinner, he was not entitled to a pension.

Federal Law No. 409-FZ dated November 12, 2018 abolished the condition for studying in the direction. A survivor's pension will be awarded to those in need until they complete their studies, but no longer than until they reach the age of 23. And children of Chernobyl victims - until they complete such training, but no longer than until they reach the age of 25 years (paragraph 3, paragraph 3, part 1, article 29 of Law No. 1244-1).

Law No. 409-FZ comes into force on November 27, 2018.

Confirmation of training

However, there is also a “restrictive” innovation. It was included in Law No. 400-FZ.

When a pensioner receiving a survivor's insurance pension who is a student at a foreign university reaches the age of 18 and continues his studies, he must annually confirm this fact (new part 19.1 of Article 21 of Law No. 400-FZ). If there is no such confirmation, then the payment of the pension is suspended for six months, starting from the 1st day of the month following the month in which the period for confirmation of the fact of training expired (new clause 7 of part 1 of article 24 of Law No. 400-FZ).

Other benefits

In addition to financial benefits for the loss of one of the parents, no other compensation is provided at the federal level. However, the authorities of the constituent entities can introduce their own benefits. Depending on the region, a child may receive free travel on public transport or free meals in schools and educational institutions.

In the event of the loss of both parents, social protection of orphans takes place in accordance with Federal Law No. 159 of December 21, 2018 and regional regulations. In accordance with it, a child has the right to receive living space if he is not a tenant under a social tenancy agreement.

Possible difficulties

Possible difficulties when applying for a survivor's pension

When considering situations of death of a breadwinner, you can count on receiving a pension if it is proven that the child was fully dependent at the time of the death of one of the parents.

In practice, there are situations when at the time of the tragedy the child was serving in the armed forces, which means he was on state support. Despite the formal academic leave from the university, the Pension Fund decided to refuse to grant a pension. Separately, it is worth considering the relationship between parents during a divorce. If the mother does not file for child support despite separation, the child is considered to be in the custody of the father.

A student on academic leave has the right to receive a survivor's pension; if the Pension Fund refuses, we recommend contacting a lawyer

If you receive a refusal to apply for a survivor's pension, it is recommended that you contact a lawyer. In some cases, it is possible to restore justice through the courts.

Until what age is a survivor's pension paid?

Payment of a survivor's pension to students who have reached the age of 23 is terminated.

Students lose the right to receive a pension:

• in case of official employment and deduction of insurance premiums;
• after expulsion;
• during distance learning.

The accrual of payments stops next month, after the student reports this to the local Pension Fund. If the child quits his job and continues to study full-time, payments will be resumed. In each case, the student is responsible for independently notifying the PF department of changes.