Suspension, termination and resumption of pension payments

Termination of pension payment

It is allowed to suspend, terminate and resume the accrual of pensions in connection with the occurrence in the life of the recipient of legal facts provided for by law or their change.
When considering the above categories, it is important to consider the following features:

The procedure is carried out no earlier than the 1st day of the month following the date the legal circumstances arose;
The authorized body is the Pension Fund of the Russian Federation;
The procedure can be prescribed:

upon the preliminary application of an authorized citizen;
by decision of a competent employee of the Pension Fund (for example, in case of failure to provide the required papers within the specified period).

Since the Pension Fund of the Russian Federation is also involved in the appointment and provision of pensions in connection with recognition as disabled, according to the current regulations, these categories of citizens may face the suspension of such payments if they do not appear at a medical institution within the prescribed period to confirm their status.

Peculiarities:

In case of failure to appear for examination for a valid reason, the procedure does not apply:

the list of valid reasons is accepted by the ITU institution;
if for health reasons the applicant for payment cannot visit a medical institution for an examination, then the procedure can be carried out at the home of the disabled person or in the hospital where the person is currently staying;

some ITU acts are of unlimited duration;
in exceptional cases, at the request of a disabled person, the date of examination may be postponed.

As a general rule, support for the loss of a breadwinner is assigned to a minor pupil or other disabled relative from the pension savings of a deceased family member.

The category is characterized by the following features:

accruals are made until:

the student reaches adulthood;
expiration of the period of study at an educational institution;
restoration of labor function (getting a job);

An adult child retains the right to receive these payments if:

He is a full-time student;
The educational institution is licensed.

Restoration of payments in favor of a minor child is carried out in the same way as when renewing old-age pension accruals - the authorized person must provide a document confirming the basis for accrual of assistance, which includes a certificate from:

General educational institution;
Secondary vocational institution;
University.

A citizen loses the right to receive a pension if:

Death of a pensioner

The main and indisputable basis for the complete termination of pension payments is the death of the recipient. The document that gives the Pension Fund the right to cancel the accrual of a pension to a citizen is a death certificate, which is received by the Pension Fund from the territorial branch of the Civil Registry Office. Termination of pension payments in this case is carried out automatically, without the need to contact the body of the relatives of the deceased.

Also, the pension payment is canceled if the recipient is declared dead or missing. In each case, the documentary basis for canceling the pension accrual is the corresponding court decision.

Rules for payment of pension savings

Citizens and their legal successors – heirs – can apply for payment of money accumulated in an account with the Pension Fund or Non-State Pension Fund.

A citizen can receive the funded part of the pension if, when distributed over the period of payment of the pension, its size would be less than 5 percent in relation to the old-age pension.

Both options require the applicant to perform a number of actions for payment of pension savings.

The formation of funded pensions began quite a long time ago; many do not remember where they keep their pension savings. They can be stored by the Pension Fund or Non-State Pension Fund.

How to suspend pension payments

According to regulatory regulations, the suspension of insurance pension accruals is carried out for a period of six months.

Payment of pensions is suspended in the following cases:

the authorized person (the pensioner himself or a person acting on his behalf by proxy) has not received the specified payments for six months (accruals are automatically canceled the next (seventh) month after the expiration of the specified period);
the pensioner left the territory of Russia in connection with moving for permanent residence to another country, while:

he did not provide relevant documents refuting his authority to receive a pension in another country;
Russia has an international agreement on pension provision for citizens with the country to which the subject is moving;
the accrual of payments will stop from the moment the Pension Fund receives the citizen’s departure documents, but not earlier than the 1st day of the next month;

the recipient of the payment is a foreign citizen and his document confirming the fact of permanent residence in the Russian Federation has expired;
a person moved to a permanent place of residence in another country, while:

the Russian Federation and the country of destination do not have an international agreement on pensions;
the pensioner did not notify the Pension Fund accordingly (the application procedure was not followed).

Pension suspension is carried out according to the algorithm below:

the occurrence of circumstances with which the competent authority associates the suspension of payments;
adoption by the Pension Fund of the Russian Federation of an appropriate decision (the body is primarily guided by the Federal Law “On Insurance Pensions”);
formation of an order (the document is prepared within 1 business day);
suspension of pension accruals until the situation serving as the basis for the procedure is eliminated or with subsequent termination of payments.

If, for some reason, a citizen wants to initiate the suspension of his pension through independent efforts, then if he fails to appear within six months to receive the appropriate funds, the Pension Fund will automatically stop accruing them.

When identifying periods of non-receipt of pensions, the Pension Fund is guided by:

marks on the delivery documents (accordingly, the signatures of the recipient pensioner will be absent);
reports and information about the bank accounts of the recipient citizen.

Suspension of payment of insurance pension

Payment of the insurance pension is suspended in the following cases (Part 1, Article 24 of the Federal Law of December 28, 2013 No. 400-FZ

;
pp. 34, 61 of the Rules, approved. Order of the Ministry of Labor of Russia dated November 17, 2014 No. 885 n
(hereinafter referred to as
Rules No. 885 n
);
pp. 5, 14 of the Procedure, approved. Decree of the Government of the Russian Federation dated December 17, 2014 No. 1386
):

1) the citizen did not receive a pension for six consecutive months for various reasons - for the entire period of non-receipt of the pension, starting from the 1st day of the month following the month in which the specified period expired;

2) the disabled person did not appear at the appointed time for re-examination at the federal institution of medical and social examination - for three months starting from the 1st day of the month following the month in which the specified period expired;

3) a citizen receiving an insurance pension in case of loss of a breadwinner has reached the age of 18 years and has not submitted to the territorial body (TO) of the Pension Fund of Russia documents confirming that he is studying full-time in an organization that carries out educational activities in basic educational programs, or a citizen over 18 years of age has completed training, confirmed by a document from the specified organization or information available to the Pension Fund of Russia, for six months starting from the 1st day of the month following the month in which the citizen turned 18 years old, or the month in which the training period expired;

4) the residence permit issued to a foreign citizen or stateless person has expired - for six months starting from the 1st day of the month following the month in which the specified document expired.

Note! In connection with the coronavirus infection, the validity of a residence permit, which expires from March 15, 2020 to September 15, 2020, is automatically extended (clause “d”, clause 1 of Decree of the President of the Russian Federation dated April 18, 2020 No. 274

);

5) the Pension Fund Office has received documents confirming that a pensioner has left for permanent residence in a foreign country, which, in accordance with an international treaty, has obligations to provide pensions to pensioners living on its territory, and has not received documents confirming that the pensioner does not have the right to a pension for territory of the specified state - for six months starting from the 1st day of the month following the month in which the specified documents were received;

6) the Pension Fund Office has received documents on the pensioner’s departure for permanent residence to a foreign country with which an international treaty has not been concluded, and the pensioner has not received an application to leave the territory of the Russian Federation - for six months starting from the 1st day of the month following the month , in which the specified documents were received;

7) an adult citizen receiving a survivor's insurance pension, studying full-time in basic educational programs in a foreign organization outside the territory of the Russian Federation, has not fulfilled the obligation to annually confirm the fact of such training - for six months starting from the 1st day of the month following the month in which the period for confirming the fact of training expired;

a pensioner who left for permanent residence outside the Russian Federation and submitted an application for departure did not submit, within the prescribed period, a certificate confirming permanent residence outside the Russian Federation indicating the date of move, a certificate of completion (non-performance) of paid work outside the Russian Federation, or an annually submitted confirmation document the fact that the pensioner is alive.

Payment of pensions is suspended based on the order of the Pension Fund. During the period of suspension of maintenance, the Pension Fund finds out the reasons for the failure to provide the necessary documents and works to obtain them from legal entities and the pensioner himself (clauses 70, 71 of Rules No. 885 n

How to renew your pension payment

The procedure for restoring previously terminated payments depends on the reasons why the pension payment was cancelled:

If the court overturned a previously made decision to declare a pensioner dead (missing), then the citizen acquires the right to payment from the month following the date of such a decision.
A pensioner whose payments have been stopped due to long-term non-receipt of a pension can apply to the Pension Fund for the renewal of payments at any time, before the expiration of 10 years from the date of termination of the pension payment. The basis for the resumption of pension accrual is a statement indicating the reasons for non-receipt of payments for a long time.
A citizen who cares for a minor child of a deceased relative has the right to renew his pension at the time of termination of his employment relationship with the employer.
A survivor's pension assigned to a child and terminated when he turns 18 years old can be renewed provided that the child is a full-time student in one of the educational institutions.

In each case, the citizen should contact the Pension Fund with documents entitling him to renew his pension. The payment restoration period is the 1st day of the month following the month of application.

Termination

Payment may stop altogether in the following cases:

in the event of the death of a pensioner, as well as in the event of declaring him dead in the manner prescribed by law or recognizing him as missing. Payment of the pension ceases from the 1st day of the month following the month in which the death of the pensioner occurred or a court decision declaring him dead or a court decision declaring him missing came into legal force;
after six months from the date of suspension of pension payment. Payment of the pension stops starting from the 1st day of the month following the month in which the specified period expired;
in case of loss of the pensioner's right to the pension assigned to him.

In addition, termination of pension payment may occur in the following cases:

discovery of circumstances or documents disproving the accuracy of the information presented in confirmation of the right to the specified pension;
expiration of the term for recognizing a person as disabled;
acquisition of working capacity by a person receiving a survivor's pension;
entry to work (resumption of other activities subject to inclusion in the insurance period) of the following persons: one of the parents or spouse, or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for children, brothers, sisters or grandchildren of the deceased breadwinner who are under 14 years of age and are entitled to a survivor's insurance pension and are not working). If a pensioner loses the right to the pension assigned to him, payment of the pension ceases from the 1st day of the month following the month in which the above circumstances or documents were discovered, or the period of disability expired, or the person concerned became unable to work;
in case of refusal of the pensioner to receive the assigned insurance pension. Payment of pensions stops on the 1st day of the month following the month in which the pension provider received the corresponding application from the pensioner.

Payment of disability insurance pension, along with the above cases, is terminated:

from the day from which the old-age insurance pension was established, assigned before reaching retirement age;
from the 1st day of the month following the month in which the pensioner reached the age for an old-age insurance pension, if he has 15 years of insurance experience and an individual pension coefficient of at least 30;
from the 1st day of the month following the month in which the pensioner reached the age for receiving a social old-age pension.

How to restore your pension payment

Payment of the pension is restored if the person provides documents due to the absence of which the suspension of pension accruals occurred, these may include the following documents:

a judicial act canceling a previous decision to declare a person dead or missing;
a personal statement from a pensioner canceling his previous refusal to receive (in accordance with Article 25 of the Federal Law “On Insurance Pensions”);
other documents confirming newly occurring circumstances or duly confirming previously existing facts for receiving an insurance pension.

Restoration of pension payments is carried out according to the algorithm below:

elimination of the circumstances that led to the suspension of payments;
receipt by the pensioner of the necessary documents confirming his right to payments;
appearance at the Pension Fund;
drawing up an application for restoration of payments;
waiting for the application consideration period (no more than 5 working days);
restoration of accruals on the 1st day following the month in which the Pension Fund made the relevant decision.

Features of resumption of payments:

The amount of newly assigned (after suspension) payments is equal to the previous one;
The Pension Fund of the Russian Federation takes into account indexation when recalculating payments;
If a citizen did not receive a pension due to the fault of the Pension Fund, then the amount of money due to him will be paid in full without time limits;
If a previous suspension of payments occurred due to the fault of an authorized citizen, then the uncollected amount can only be restored for the last 3 years preceding the date of the application to the authority.