Pension is an important benefit for every person. It can be issued upon reaching a certain age, registration of a disability group or for other reasons. If an insurance pension is issued on the basis of work experience, then the procedure is carried out only after a person reaches the desired age. He must have an optimal number of pension points and a minimum length of service. But often, when applying to the PF, they are faced with the fact that this payment is incorrectly calculated. Therefore, the question arises of where to apply if the pension is incorrectly accrued. To do this, you can write to the management of the Pension Fund or even file a lawsuit against the employees of this institution.
Why is the payout calculated incorrectly?
If PF employees incorrectly accrued a pension, this leads to the fact that the citizen is forced to receive a low payment, which does not correspond to his experience and average income. Therefore, a person must understand the rules for calculating a pension to make sure that it is correctly calculated by the PF representatives.
Most often, errors in calculating this payment are due to the following reasons:
- PF employees deliberately reduce the amount of pensions in order to reduce the financial burden from the fund;
- the calculation is carried out by employees who do not have the necessary education and experience, so they make mathematical mistakes;
- some years when a citizen worked in a company are not taken into account, since there is no opportunity to obtain information about this company due to its closure.
The above errors are a violation on the part of PF employees, therefore, citizens have every right to file complaints or lawsuits in court. On the basis of such statements, the incorrectly accrued pension is recalculated.
Where can I file a complaint?
Initially, you should decide where to complain if you incorrectly accrued a pension. You can apply with official statements to various state authorities. Each organization promptly considers such complaints. Where to go if the pension is incorrectly accrued? You can file a complaint with the following authorities:
- Initially, you need to write a statement to the PF, which indicates the need for recalculation, and if within 5 days there is no error or there is a negative answer to such a statement, more serious measures will have to be taken;
- a complaint is filed in the name of the head of a particular branch of the Pension Fund, with documentation attached to it from the employee of the fund, as well as evidence of an incorrect calculation;
- a citizen appeals to the prosecutor's office with a complaint, since the PF employees violate human rights;
- a statement is being sent to Rospotrebnadzor, since it is this organization that protects the rights of clients of various public or private institutions;
- a statement of claim is formed, on the basis of which all the documents are studied, and a separate calculation is carried out to identify the error, and if it is really found, the court obliges the PF specialists to recalculate, correctly charge the payment, and also transfer compensation to the citizen.
If the case comes to court, then all legal costs will be covered by the PF, but only if the citizen can really prove that the calculations were made by specialists incorrectly.
Allocation Methods
Initially, it is important to find out if the pension is really incorrectly accrued. How to return funds for the whole time when a citizen received a lower payment than expected? For this, the correct calculation is initially performed. It can be performed in various ways:
- independent calculation using the appropriate formula or a special online calculator located on the PF website or other sites on the Internet;
- an appeal to another PF employee, for which an official statement is drawn up with a request to recalculate, and the process should be carried out within 5 days, and if an error in previous calculations is really revealed, then the specialists of this fund are obliged to pay the required funds from the next month;
- preparation of an application addressed to the head of the PF branch.
If the PF employees do not reveal any discrepancies, then a written refusal will be received. The most reliable information can be obtained only after independent calculation, as a citizen can be sure of the correctness of the performed manipulations.
Rules for self-allocation
Many retirees are thinking about what to do if they incorrectly accrued pension. To do this, you must formally verify that the payment received is indeed less than what is required by law. For this, an independent recalculation is performed. The procedure is divided into the following steps:
- Initially, it is necessary to obtain a certificate containing information about the status of the personal account in the Pension Fund, and the process can be performed when visiting the branch of this institution or on the organization’s website;
- a formula is being studied that allows recalculation;
- the necessary parameters for calculation are substituted into the formula;
- it is taken into account that for each year of work until 1991 an additional one percent is accrued per year of experience, but the total amount of the allowance cannot be more than 75%;
- for years after 2002, the percentage of indexation should be taken into account;
- the pension coefficient is determined, and the number of available points is calculated.
If a pensioner has a certificate from the PF in his hands, then in fact, it will not be difficult to make a calculation. If it turns out that a person receives a lower payment than is legally required, then he should know what to do if the pension is incorrectly accrued. Using various methods, it is possible to guarantee the payment of statutory payments.
Online calculator terms of use
Directly on the PF website and other resources on the Internet, there is a special online calculator that allows you to quickly and easily determine the optimal pension amount. To obtain the necessary information, it is enough only to enter in a special form reliable information provided by the experience, number of points and other parameters.
The calculation is carried out promptly, and the information received is correct and relevant. The process can be carried out not only after accruing a pension, but also before going on vacation, in order to understand whether it is advisable to continue to work further or if a citizen can retire.
The specifics of treatment in the PF
In case of discrepancies, a complaint is first drawn up on the incorrectly accrued pension to the Pension Fund. The rules for contacting this institution include:
- the initial statement is formed, on the basis of which the citizen requests a recalculation;
- this document is transmitted to the employee of the pension fund pension fund;
- you must have not only this statement with you, but also SNILS with a passport.
Recalculation is carried out within 5 days. If you still give a negative answer, then a second statement is drawn up in the name of the head of the PF branch. If a pensioner cannot independently visit the PF branch for various reasons, then he can take the help of a proxy who has a power of attorney certified by a notary.
How to make a complaint?
Many pensioners face improperly accrued pensions. How to deal with this situation? For this, a complaint is drawn up to the PF department. The application must contain the following information:
- name of state organization;
- her address;
- information about the applicant, submitted by his full name, address of residence and contact telephone number;
- it is indicated that PF employees incorrectly calculated the pension, thereby violating the rights and interests of the applicant;
- the citizen's requirements are presented, represented by the need to recalculate and accrue the correct amount of the pension;
- The documents attached to this application are listed;
- put at the end of the date of the application and the signature of the citizen.
The statement is made in duplicate, as one document is handed over to the PF employee, and the acceptance mark is put on the other.
Appeal to the prosecutor's office and Rospotrebnadzor
Where to go if the pension is incorrectly accrued? If PF employees refuse to recalculate, then complaints are filed with the prosecutor's office and Rospotrebnadzor. To do this, you can use the free application form. The name of the organization to which the citizen applies is indicated, as well as the reasons for making such a complaint.
Based on these statements, employees of the organizations carry out an audit. If it is really revealed that the PF specialists incorrectly calculated the payment, then they will be held accountable. Additionally, they will be required to correctly determine the pension.
Features of going to court
Each pensioner should know where to send the appeal if the pension is incorrectly accrued. The appeal to the PF is the first stage, which in practice rarely gives the desired result. Often, recalculation is carried out after submitting an application to the prosecutor's office and Rospotrebnadzor. But most often, citizens have to go to court.
The court will certainly force a qualified and independent specialist to make a calculation in order to get information about what kind of pension a pensioner should actually receive. If there are discrepancies with the payment that is transferred to the plaintiff from the PF, then the employees of this body will be forced to recalculate. Additionally, compensation will be accrued for all the time when the pensioner received the wrong payment.
If recalculation shows that the PF specialists correctly determined the size of the pension, then the claims will not be satisfied. Costs in this case will have to be borne by the plaintiff.
Rules for making a claim
The nuances of making a claim include:
- this application is submitted to the court only if the PF employees give a negative answer to a previously filed complaint;
- it is important to attach documents confirming the plaintiff’s right to the claim;
- it is advisable to use the help of lawyers;
- if the court accepts the claim, then not only the size of the pension will be increased, but compensation will also be paid, as well as legal costs will be covered by the fund;
- when drawing up the claim, F. I.O., date of birth and address of registration of the citizen are indicated;
- you must apply to the court at the place of residence of the plaintiff;
- the statement clearly sets out the essence of the problem;
- as claims can be indicated not only the need to correctly calculate the pension, but also to pay compensation to the citizen.
You can get help in drawing up a lawsuit from a lawyer.
Conclusion
All pensioners should know where to apply if they incorrectly accrued pension. They can achieve justice in the PF department, as well as when applying to the prosecutor's office, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare or the court. It is advisable to use several ways of influencing PF employees at once in order to rely on the recalculation of payments.
Many retirees are forced to face underpayments, so they must independently defend their interests. To do this, you can use the help of proxies or experienced lawyers.