Where to complain about the Pension Fund is a matter that affects all citizens: those who have already received pensioner status, and those who are preparing for retirement. Immediately contact the court or are there other instances that can change the decision? How to write complaints?
Normative regulation
The actions of an official of any level are regulated in sufficient detail by both laws and by-laws. Employees of the Pension Fund are no exception.
However, citizens are constantly faced with the actions of employees of the organization that violate their rights. The reason for this is not always an unfair attitude of a person to his work. Pension legislation is structured in such a way that even specialists are not able to fully understand it.
The appeal procedure is determined by where the person decided to complain about the Pension Fund. Authorities that handle such complaints:
- higher PF department in the region;
- executive management located in Moscow;
- prosecutor's office;
- courts of law.
What are the reasons for writing complaints?
There is a standard list of errors made by this organization:
- shortcomings in calculating the size of individual payments;
- deliberate understatement of the amount of payments that are due to a person;
- refusal to recalculate a pension (usually it is done automatically);
- refusal to pay the prescribed pension or allowances to it;
- rude attitude of employees.
Communication with leaders
The reason for the violation, as described above, is not always the dishonesty of employees. Given the lack of staff and the growing volume of work, their commission is not surprising. Sometimes the causes of errors are the actions of the applicant himself. So you should first talk with the boss. To protect yourself, it is worth storing the originals of all documents, except those that are easy to recover. There are cases of disappearance of documents from case files.
Writing a complaint
Choosing where to complain about the Pension Fund, you should think about what to write in the application. There is no form established by law for a claim to a court.
All statements or complaints are written in accordance with the provisions of the legislation on the treatment of citizens.
The document must not allow emotional statements, everything should be substantive and based on regulatory acts and facts. Also, the complaint is built according to a certain scheme, regardless of the reason:
- name of the authority where the document is sent;
- information about the applicant (full name, address of residence, email address);
- circumstances of the complaint;
- explanations of why the actions, according to the applicant, are unlawful;
- the result that we want for the submitter;
- list of attached documents;
- Signature and date of sending the document.
The listed councils are suitable for complaints to higher bodies of the foundation and the prosecutor's office.
Fund structure
The PF system is organized as follows: the lower level is the department of the Pension Fund ; then follows the branch, the competence of which extends to the whole region. As part of the fund, an interdistrict administration may operate, serving several districts simultaneously. Today, the departments are reformatted into inter-district administrations, and the process is progressing. Where management has not yet been established, departments responsible for the districts continue to operate.
What does this lead to? For example, where to complain about the Pension Fund in St. Petersburg? The complaint is submitted to the department responsible for servicing St. Petersburg and the Leningrad Region.
What destination should I start with?
First of all, it is advisable to send your papers to higher bodies of the fund, to the regional administration. Why not the prosecutor? She supervises the activities of other bodies and organizations within the framework of her powers, and should not replace them. If you first send a complaint to the prosecutor’s office, she will forward it to the department of the fund. Where to complain about the separation of the Pension Fund? To the directorate in Moscow or to the local prosecutor’s office.
Pension Fund Proceedings
The features of the procedure are that the superior is entitled to make a decision on payments: their reduction, increase, the purpose of payments, etc.
Where to complain about the employees of the Pension Fund? To their immediate superior or to the department. Based on the results, disciplinary measures may be taken. No compensation for non- pecuniary damage is made. Such issues are resolved only in court.
Features of contacting the prosecutor
Papers are sent by mail or dumped in a special box for citizens, after which they are registered and considered. With the development of technology, it is allowed to send complaints electronically, the procedure for making decisions on them is no different.
You can come to the reception in person, the prosecutor’s office has a schedule for the reception of citizens. As in any organization, the principle of separation of competencies has been introduced into the activities of the prosecutor's office. There are employees specializing in labor and social disputes.
Features of the passage of documents in the prosecutor's office
Where to complain about the Pension Fund to the prosecutor? It is also necessary to start from the lower level, with the district prosecutor's office. The term for consideration of materials may not exceed 15 days. If an employee needs extra time, another 15 days are given. Consideration of standard requests fits within the allotted time.
If the applicant does not agree with the answer, he has the right to write complaints to higher structures of the prosecutor's office. In the case of a serious violation, prosecutors usually turn to the courts with lawsuits in favor of citizens. The CPC expressly spells out their obligation to protect the social rights of citizens. It should be noted that older people are classified as requiring special protection of the state. In a statement to the prosecutor's office, a person who wants to receive help from her must indicate the lack of funds to pay for the services of a lawyer or the inability to protect his rights due to age.
Result when contacting the prosecutor
As stated above, prosecutors go to court with lawsuits in favor of citizens. Of course, they have the right to make decisions obliging supervised organizations to take certain actions, but no one bears responsibility for their implementation. Because of what there is a need for a lawsuit.
For all the difficulties of answering the question: "Where to complain about the work of the pension fund?" just two - to the prosecutor’s office or department.
What do not have the right to do when considering a complaint?
When deciding where to complain about the actions of the Pension Fund, one trend should be taken into account. The law prohibits the forwarding of complaints to persons or to the bodies to which it is actually filed. In fact, both the fund’s branches and the prosecutor’s office are guilty of this, hiding behind formal formal replies.
Trial
Pension disputes are dealt with in a civil process. The statute of limitations for requirements of at least 3 years. Therefore, before applying to the court, it makes sense to contact both the department and the prosecutor's office. It has already been noted that the prosecutor’s office, noting violations, has the right to sue. Her representation will add weight to the statement.
Independent treatment is complicated by the need to know quite well the procedure for assigning and calculating pensions. And without the help of a specialist in this matter can not do.
An application, depending on the price of the claim, is filed with either the magistrate or the district court. More often than not, district judges are involved in such cases.
What are the requirements for a lawsuit? The structure is as follows:
- court name or magistrate court number;
- information about the applicant (full name, address of residence);
- information about the department: it is on his behalf that the organization is represented;
- statement of circumstances;
- reference to regulations;
- Fund requirements (to oblige to assign pension payments, recalculation, etc.).
The claims for payments should specify for what period payments should be made.
Copies of the claim and documents attached to it are attached in number depending on the number of participants. If a lawsuit is filed by prosecutors, they must substantiate the reasons for their participation.
Where to complain about the Pension Fund in Moscow and the Moscow Region? The answer does not change - to the department. If it does not help, the lawsuit is filed at the location of the authority.
Arbitration
The collection of organizations' payments to the fund is carried out as part of the arbitration process. If claims for payment are made, their appeal is also made within the framework of the arbitration, according to the section on administrative proceedings.
Features of non-state funds
Non-budget organizations offer their services, trying to attract citizens with the benefit of investments. However, not all of them operate within the law. Citizens are faced with illegal transfers to these structures of their savings.
Where to complain about the actions of private pension funds?
- territorial administration of the Central Bank;
- Branch of the Pension Fund.
In the first case they complain about manipulations with incomes and investments, in the second - about illegally concluded contracts. A copy of the complaint filed at the PF department is also handed over to the Central Bank staff.
Citizens reviews
Feedback on appealing the actions of the Pension Fund suggests that the court is the most effective way. As for appeals to higher structures of the foundation or the prosecutor's office, their effectiveness is less, but they make it possible to collect evidence.
Disputes over the right to payments, about the size of payments and recalculation are settled through the court. It is enough to complain to the immediate superior about the incorrect behavior or incompetence of the employee.