How to receive the funded part of a deceased relative’s pension

Inheritance disputes have long become the so-called “talk of the town.”
Everyone knows how relatives and other people, if the deceased indicated them in the will, like to argue about his property. But behind these disputes, another element of inheritance remains unnoticed - the funded part of the pension. NPP is indeed inherited - it can even be indicated in the will. If it does not appear in the document drawn up by the deceased, then the Pension Fund distributes it among all relatives in order of succession.

Is the funded part of the deceased's pension an inheritance?

Yes it is. Moreover, it is inherited even in the absence of a will . This opportunity is provided by paragraph 6 of Federal Law No. 424 with one caveat: the deceased must not be a pensioner . If he received a pension at least once, he will no longer be able to inherit the private enterprise.

Attention! In Art.
1112 of the Civil Code of the Russian Federation clearly states that things that belonged to the deceased at the time of his death, as well as his legal and property obligations, can be inherited. A funded pension is finance, material value. It belongs to the property of the deceased and is therefore inherited.

Is it possible to inherit a private enterprise?

Any person who is a relative of the deceased can inherit an NPP (read more about the features of paying the funded part of the deceased’s pension here). To do this, you need to initiate the inheritance process - bring an application and a set of necessary documents to the Pension Fund office at your place of residence. The documents and application will be discussed in more detail later in the article.

Apart from the application, nothing else is required from the potential heir. He must simply wait until the review period arrives. If his application is satisfied by the Pension Fund, he will receive his share . If he is the only applicant, he will receive the entire amount of savings (read more about what the funded part of the pension is and what is necessary to receive payments here).

If death occurs before the benefit is assigned

Yes. Moreover, this is the only option. If the deceased had already been given a pension, which included savings, then the NPP amount was included in the recalculation, and it will no longer be possible to receive it as a one-time payment. In other words, you can inherit an individual private enterprise only from a person who has not yet reached retirement age .

Receipt procedure

In general, the procedure for receiving a funded pension of a testator has a number of differences from receiving a simple inheritance. This is primarily due to the fact that almost the entire procedure for receiving payments is carried out by the heirs themselves without the participation of a notary. The only exception to this rule is if the pension is divided into parts by a will, and the parts themselves are assigned to a specific recipient.

Briefly, the process of inheriting a funded pension can be described as follows:

• An application is submitted to the pension fund that the pensioner has died;
• An application and a package of documents are submitted to the pension fund to transfer the funded pension to the heir;
• The pension fund makes a decision on the transfer of funds and sends them to the applicant.

The process itself looks quite simple, but there are so many subtleties and little things in it that the whole action is worth considering in much more detail.

Application and enrollment deadlines

How long will it take to apply and wait for funds to be credited? An application must be submitted to the Pension Fund within 6 months from the date of opening the inheritance case. There is always a possibility that the case was opened at the time of death (under the will). Therefore, it is advisable to submit an application no later than six months from the date of death . This is the main period and must be respected.

Next, the Pension Fund will consider the application. If it is in order, then you need to wait up to 1 month until it is approved. Then – about 2 more months until the payment is credited to the bank account.

All heirs receive money at approximately the same time - perhaps on different days, but not in different weeks. In practice, everything happens much faster, especially in situations related to inheritance. But the maximum terms are exactly the same – 1 and 2 months.

Receipt procedure

Inheritance of the deceased's pension savings must take place in a certain order. First of all, you need to remember the deadlines within which you need to submit your application. In total, exactly 6 months are given from the date of death of a person, and during this period you will need to contact the Pension Fund. Some people fail to contact a government agency in a timely manner for various reasons. Silent people will have the opportunity to seek justice through the courts. To do this, you need to file a claim to restore the deadlines.

USEFUL INFORMATION: Application for inheritance: writing rules and deadlines

Separately, it should be noted that court proceedings are not free of charge. That is why you initially need to think about whether this process will pay off with the help of pension savings. Because there are cases when the costs are equal, or even the court takes more money. Accordingly, it will be unprofitable for a person to conduct proceedings.

If the heir manages to contact the Pension Fund in a timely manner, then he will need to draw up an application. It can be brought in person or sent by mail. It is also possible to issue a power of attorney to a third party so that they can deal with this issue. In this case, it will be necessary to indicate in the document the powers that the representative has. It is also necessary to indicate the date of registration of the document, because without this it will be considered invalid.

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1. Death certificate of the testator.
2. Passport of the person submitting the application.
3. SNILS or special certificate.
4. Papers confirming relationship. It is necessary if the receipt does not occur under a will. A birth certificate, marriage certificate, etc. will do.

All documents are subject to verification, following which a receipt for the application must be issued within five days. They may also return the paper, and in this case they must explain the reasons. Please note that all people who can receive this property have the right to submit an application. Therefore, all applications submitted by relatives will be considered.

In this case, people have a question about how the inherited part will be calculated if there are several applicants. In most cases, equal shares are allocated to each applicant. However, people can give up their share in favor of a specific person.

Once the case is considered, the person will receive a decision. If the answer is positive, then the received portion will be transferred no later than the 15th of the following month. At this point, the procedure can be considered completed, and if the person did everything correctly, then he will be given the funds.

Who can the money be transferred to?

According to the inheritance procedure, all relatives can receive an NPP . They are divided into 2 groups:

1. priority right, according to Art. 1142 of the Civil Code of the Russian Federation, children (also adopted), mother and father (also adopted), spouse. They are paid equal shares (read about when and how to receive the funded part of the pension after the death of your husband).
2. The second line is formed by the remaining close relatives . These are grandparents, brothers and sisters, grandchildren. They get the opportunity to withdraw the NPE only if no one from group 1 applies to the Pension Fund.

In addition to the inheritance procedure, there is the possibility of obtaining an NPP without a family connection with the deceased . To do this, it is necessary for the deceased to draw up a statement during his lifetime, in which he included those to whom he wants to “give out” his accumulated savings. When there is such a statement, the inheritance procedure does not apply.

Important! If you are a member of the 2nd line, you should still apply. Practice shows that people often forget about NHP. Most cases of the death of the owner of an individual private enterprise are managed without withdrawal of savings, since no one came to the Pension Fund and wrote a statement. So the chance of receiving benefits for a member of the 2nd line is very high.

Lifetime pension scheme

The definition of a pension scheme assumes that a pension will be accrued to a citizen for the rest of his life immediately after retirement. The inheritance mechanism in this case is not particularly different from that used when inheriting a funded state pension.

Heirs can count on receiving funds only if the testator did not live to see retirement and the appointment of a pension. If the pension has already been assigned, then the inheritance cannot take place.

What documents are required for this?

List of papers that a potential heir must include in the Pension Fund :

• application on a special form (more on this below);
• ID of the heir, preferably a passport;
• passport, certificate of a trustee or guardian, if the heir has one;
• any documentary evidence of relationship with the deceased (birth or marriage certificate, other similar documents);
• certificate that the testator has died;
• certificate of family composition.

The list of documents is in most cases exhaustive, but sometimes it happens that other papers are needed . This is usually due to the facts of adoption and guardianship. Then the Pension Fund employees will tell you what documents you still need to bring.

Writing an application

It is not difficult to fill out such an application for inheritance, since any branch of the Pension Fund of Russia has the appropriate forms and samples. It must be written by hand. Handwriting must be legible so that Foundation employees do not have the opportunity to confuse anything. Errors and blots are unacceptable; if they appear, you need to rewrite the document again.

The application must contain the following information:

• Full name of the testator, dates of birth and death, residential address at the time of death.
• Legal grounds for inheritance (usually indicated by Federal Law No. 173, paragraph 12 of Article 9 and paragraph 6 of Article 16, as well as Federal Law No. 48, Article 1).
• List of documents (copies) attached to the application.
• Signature and date of the applicant.

Attention! The document can have any text. There is no need to repeat the sample word for word. All the necessary information is on the sample. Legible handwriting is more important than legal language.

How to receive funds?

So, how to inherit these funds? Let's consider the procedure for obtaining an individual private enterprise by a legal heir :

1. First you need to collect documents . From the above list you can understand that there is nothing complicated in this step. All documents should be at home, and if they are lost, they can be restored without any problems. You need to make sure that the certificate of relationship with the deceased is valid at the time of submitting the application. So, a divorce certificate will not work - it becomes invalid after the death of the divorced person.
2. Then you need to find out where the NPC is located - on the account of the deceased in the Pension Fund or on the account in the Non-State Pension Fund . You need to go to this body with the collected documents.
3. You should go with the documents to the PFR or NPF branch at your place of residence and attach them to the application. This application must be submitted earlier than six months have passed from the date of death of the testator. All copies of documents must be notarized, but you should also take the originals with you. It is possible to send an application by mail, but it is better to come to the Pension Fund yourself.
4. The next step is to make sure that the application and documents are accepted . To do this, you should pay attention for several days and not go anywhere. If there is something wrong with the papers, a Foundation employee will send the documents back.
5. If everything is fine with the papers, you can wait for the payment decision . By law, this decision must be made no later than the 20th day of the 7th month from the date of death of the testator. Sometimes the procedure is delayed, but not longer than until the middle of the 8th month. The applicant will be notified of the decision by mail - he will receive a copy of the decision.
6. Having received such a decision, all that remains is to wait for the payment of money . The most common way to receive them is by transfer to a bank account. But in the application it is possible to note the desire to receive a transfer by Russian Post if a bank account does not exist.
7. The amount is credited to the account no later than 20 days after the decision is sent to the applicant’s address.

Important! If the six-month application period has been missed, then you should go to your local court and file a claim to restore the term. If the court satisfies this claim, then the corresponding document from the court must be attached to the list of documents and proceed in the same order.

Restoring the deadline for payment of NPP

It happens that the heir misses the deadline for issuing benefits. This period is six months from the moment of the tragic event. If the heir does not appear at the Pension Fund during this period, then he has the opportunity to write a statement of claim to the court with a request to restore the period for payment of the NPP.

This statement is similar to the previous one, but contains an additional reference to paragraph 3 of Article 38 of Federal Law No. 111. And, accordingly, it is submitted not to the Pension Fund, but to the local court.

There are 2 good reasons why the court can restore the period for payment of benefits:

• if the heir was abroad and could not come (worked or was otherwise restricted in movement);
• if the heir simply did not know about the death and can prove it.

At the same time, simply missing a deadline or ignorance of the law are not good enough reasons. For them, the period for payment of NPP will not be restored.

Term pension scheme

A citizen who has resorted to this scheme, after retirement, receives appropriate payments for a certain time. The number of years over which payments are made depends on several factors:

• Desire face. For example, a seven-year period may be set.
• Rules established by a specific non-state pension fund: for example, no less than five years and no more than 15 years.

According to this scheme, pension funds will be inherited provided that the citizen to whom they were supposed to be paid did not live to see this moment. Another situation is possible in which a citizen retired and lived on it for less than the established period. Despite this, the NPF is obliged to give the heirs the full amount remaining in the testator’s account.