Since 2002, lawmakers have approved a new procedure for the formation of a future pension regarding the distribution of insurance contributions deducted by the employer. From that moment, contributions deducted for the formation of pensions began to be distributed in two funds: insurance and funded. The first part, in the amount of six percent of the total amount of contributions, remained in the Pension Fund, the second - went to the personal personal account of the employee. In addition, the law provides for the inheritance of the funded part of the pension of the deceased. But not all assignees know how to do this correctly.
Recent changes to the law
Since 2015, the legislation has undergone some changes. Citizens are still entitled to make contributions to the funded part, but the insurance part of pension contributions remains a priority. Moreover, previously accumulated funds remain in private pension funds, are regularly invested and form the basis of future funded pension.
The procedure for the formation of savings of citizens
The size, procedure for the establishment and payment are regulated by Federal Law No. 424 of 2013. The right to funded pension is provided to insured citizens, in accordance with applicable law, citizens, including foreign citizens, as well as persons without Russian citizenship.
According to the previous pension program, the amount of funded pension consisted of the following deductions:
- Contributions of six percent, deducted monthly by the employer from the official earnings of the citizen.
- Amounts deducted from corporate pension schemes.
- Contributions made by the employer and the state through co-financing programs.
- Maternity capital (at the request of the woman).
- Profit from investing accumulated contributions.
In connection with the reform of the pension program, since 2015, the main source for the formation of a funded pension has remained personal contributions of a citizen made by him independently, including at the expense of funds provided by the state under certificates of maternity capital.
Advantages and disadvantages of the storage system
During the operation of the funded system for the formation of a future pension, its main pros and cons were determined. The result is the following picture: on the one hand, citizens receive additional pension guarantees for their future, and on the other, they acquire additional risks.
And if today there is no risk of losing accumulated funds, then the chances of acquiring superprofits are often minimal. The fact is that it all depends on the experience and ability of the management company to correctly manage the funds entrusted to it. In the best case, by the time of retirement, a citizen will receive a larger amount than he entrusted to management, in the worst case, he will remain with his investments. In the event of significant losses, all funds held by private pension funds are insured, so the company's losses do not affect the amount of deductions made by the insured person.
But the minus of this method of collateral is the complete absence of indexing of funds invested in investments. Regardless of the annual determined inflation index, the funds accumulated during the labor activity remain unchanged, while insurance premiums are subject to periodic indexing. Thus, the risk of depreciation of funds invested in pensions remains the biggest drawback of the funded system.
As for the pluses, the funded pension is a citizen’s personal funds, therefore, like any other savings, they are inherited. It is worth noting that this issue is regulated not by inheritance law, but by pension legislation. Therefore, it has its own nuances. According to the law, the inheritance of the funded part of the pension of the deceased is possible after the statement of the assignee. It must be submitted within a certain period. Otherwise, you will have to restore your right to this pension in court, which is not always beneficial. After all, the funded part to be transferred to the assignees may be less than legal costs.
The right to inherit a funded pension
Regulated by the Federal Law No. 424. The right to inherit the funded part of the pension of the deceased insured person is enshrined in part 6 of article 7 Federal Law No. 424. In accordance with this legal norm, if the insured person dies before the right to receive a pension, the funds accumulated by the citizen are paid to his successors, in accordance with the procedure established by federal law. It should be noted that the inheritance of the funded part of the pension of the deceased, not a pensioner, may not be carried out in full. The following funds will be excluded from the total amount:
- maternal capital;
- components of the profit from investing accumulated contributions.
In addition, if the owner of the funds has already received the amount available on the personal account, transferring them by inheritance is unacceptable.
The right to dispose of a funded pension
In addition, the same article allows for the compilation of a lifetime testamentary disposition regarding accumulated funds. At his disposal, a citizen has the right to indicate his successors, including those who are not related to him, and also to determine the distribution of funds between heirs (establish the share of each of them).
In the absence of such an order, the inheritance of the funded part of the pension of the deceased from an NPF is carried out by close relatives. According to the law, such rights are vested in:
- spouse, children, including adopted children, and parents, including official adoptive parents (inherit in the first place);
- sisters and brothers, grandparents, as well as grandchildren of a deceased citizen (inherit secondarily).
Succession order
If at the time of opening the inheritance the insured person has several successors belonging to the same line, the distribution of the funded part of the pension between them shall be made in equal shares. Relatives, whom family law refers to the second stage, are entitled to receive funds only if the citizen does not have priority successors. In this case, the inheritance of the funded part of the pension of the deceased from NPF Sberbank is carried out according to the same rules as the transfer of other property to successors. The main thing is to carry out the procedure in accordance with applicable legal standards.
The order of entry into the inheritance
To claim their rights, the assignee does not need to contact the notary's office. An application for the inheritance of the funded part of the pension of the deceased in the PFR or NFR (depending on where the contributions are kept) must be submitted within a six-month period. The sample will be issued by an employee of the organization to which the assignee applies. As an annex to the written request, a number of binding documents will also be required.
If the successor does not want to take over the rights (this often happens when the amount of the inheritance is less than the debt obligations of the deceased), the refusal is executed in the same way. That is, by contacting the fund managing the funds. Inheritance of the funded part of the pension of the deceased after 6 months is possible with the restoration of the term through the judiciary. To do this, the interested party must apply with the appropriate statement of claim. A written refusal must be attached to the claim. Therefore, you must first contact the branch of the PF of the Russian Federation, and having received a refusal on the basis of a pass of the legal period for the presentation of your rights, go to court.
As practice shows, most often they apply for restoration of terms in case of inheritance of the funded part of the pension of the deceased to a minor.
What documents must be provided to assignees?
Filing an application for the inheritance of the funded pension of the deceased from an NPF or PFR is allowed both on behalf of the assignee and through a representative by proxy. In any case, the application must provide the originals and copies of the following documents:
- identity document of the successor;
- notarized power of attorney, if the application is submitted through a representative;
- document confirming the existence of family ties with the deceased citizen;
- death certificate of the insured person;
- SNILS of the testator (if any).
In accordance with the Federal Law No. 424, the funds of the maternity capital transferred to the funded part of the pension in the event of the death of the insured are not inherited. However, Art. 3 Federal Law No. 256 provides for the possibility of transferring the right to receive maternity capital from mother to father of a child in case of:
- death of mother;
- recognition of her deceased;
- deprivation of parental rights;
- committing a crime against a child born;
- cancellation of the adoption procedure.
In this regard, the spouse or the official adoptive parent of the child, after the birth or adoption of which the mother had the right to receive a certificate, has the right to apply to the pension fund / non-state pension fund (management company) with an application for receiving maternity capital funds after the death of the spouse.
In addition, in the absence of a spouse or in the event of his death, the right to receive capital funds passes to the children of the deceased woman: minors, or adults studying full-time, but no later than the child reaches twenty-three years.
In such situations, the spouse of the deceased must additionally provide a document confirming paternity (birth certificate or adoption of a child), as well as confirm the fact that there is no court decision regarding him depriving the parent of his rights.
If the applicant is an adult child who has become an orphan, in order to receive maternity capital funds, he needs to provide a certificate of full-time education in an educational institution.
The main causes of failure
When checking the authenticity of the documents submitted by the heirs, the authorized bodies pay attention not only to the relationship between the applicant and the deceased insured person. Equally important is the deadline for filing an appeal.
Due to the lack of knowledge of the applicable law, a majority of heirs faces a similar problem. In the case of inheritance of the funded pension, the general term of entry into the inheritance rights, which, in accordance with civil law, is six months, applies. Based on the missing deadline, the applicant will be denied the payment of funds accumulated by the deceased citizen. Appeal after a specified period of time requires judicial authorization in terms of restoring the missed period.
To inherit the funded part of the pension of the deceased after 6 months, it is necessary to restore rights. To do this, the assignee will have to apply to the court with a statement on the restoration of the deadline for accepting funds. In this case, the successor will need a good enough reason. If none is found, the only evidence of succession can be considered the fact that the relative accepted the inheritance of the deceased (if the heir took any property after his death). If the application for the restoration of the missed period is satisfied, the applicant can be applied for the inheritance of the funded part of the pension of the deceased pensioner in the general manner.
In addition, any doubt about the authenticity of the documents submitted by the successor may constitute grounds for refusal of payment.
Another likely reason for the refusal is an attempt by relatives to claim the inheritance of the funded part of the pension of a deceased pensioner in a manner that violates the basic rules of law. According to the law, in the absence of a life order left by the insured person, funds are transferred, in accordance with the procedure established by Article 1141 of the Civil Code of the Russian Federation, that is, in order of priority. From this article it follows: if a relative of the second or subsequent stages declared his inheritance rights before receiving an application from the primary relatives, he will be denied the payment of inheritance savings of the deceased. The same result will follow if relatives of the first and subsequent lines simultaneously declare their rights to inherit the funded part of the deceased's pension.
When else can they refuse?
In addition to generally accepted restrictions, there are a number of reasons for refusing to inherit the funded part of the deceased's pension, provided for by federal law. These include:
- by the time of the death of the insured person, on his personal account there are no funds accumulated during the period of employment;
- after a four-month period has elapsed since the death of the insured person, if during his life he was assigned an urgent funded pension;
- if during life a citizen was assigned an indefinite funded pension.
Moreover, if urgent payments are assigned to a citizen during his life, inheritance of the funded part of the pension of the deceased is possible only within the amount remaining in the account.