7 example application to a pension fund. Where to file a complaint against the Pension Fund? Care allowance

28.09.2019

Pension disputes are an extremely common type of conflict between pensioners and state pension insurance authorities. Since the actions of the pension fund do not always correspond current legislation, complaint about Pension Fund can become an effective mechanism for protecting the rights and legitimate interests of pensioners. Let's take a closer look at what grounds to complain and how to write a complaint.

Grounds for filing a complaint against a pension fund

Each case of a dispute between a pensioner and a pension fund is individual, however, there are several typical reasons that provoke a conflict between the pension authority and the pensioner:

Incorrect pension calculation. The formula by which pensions are calculated is complex even for professionals, so the pension fund often tries to reduce its expenses by illegally understating the amount of payments.
Refusal to recalculate pension. Working pensioners, whose insurance period and the amount of contributions to the pension fund have increased, have the right to regular recalculation of pensions. However, the authorities of the pension insurance system often refuse to recalculate such pensioners, continuing to accrue pensions in the same amount.
Non-payment of pension or pension supplement. It is not very common to encounter non-payment of the basic amount of a pension, but non-payment of various bonuses is still a common violation in the activities of pension authorities.

Where to file a complaint?

A complaint about the decision or, conversely, the inaction of the pension fund can be written either to a higher administrative body (city, republican branch of the pension fund) or to the court. As practice shows, it is the judicial method of protecting the rights of pensioners that is much more effective. However, since filing a complaint with a higher office of a pension institution does not prevent the case from being considered in court, you can also use this tool.

A complaint against a pension fund or a lawsuit must contain summary all the circumstances of the case, as well as the arguments relied upon by the applicant. Despite the fact that the burden of proof in such cases falls on the pension fund, it is in the interests of the applicant to describe in as much detail as possible what the violation on the part of the pension fund is. The time limit for filing a complaint or claim is limited total term limitation period and is three years. Thus, even if you have not been paid a bonus for more than long time, payments can only be received within the last three years.

A sample complaint against a pension fund can be downloaded from our website. In the same time, best result A professional lawyer specializing in pension law can provide advice.

The responsibility of the policyholder is to pay contributions to the Pension Fund. It is necessary to periodically verify data with the fund to avoid arrears. What does a sample reconciliation report with the Pension Fund look like in 2019 and on what basis is it created?

The policyholder's confidence in the accuracy of settlements with the Pension Fund and the absence of arrears is ensured through periodic reconciliation with the fund.

Such reconciliation must be carried out in anticipation of the preparation of annual financial statements. What is reconciliation with the Pension Fund? How is a sample reconciliation report with the Pension Fund formed in 2019?

Basic moments

In order to carry out a reconciliation with the Pension Fund, the payer of contributions must request from the control authorities one of the following documents:

By means of a certificate, the applicant is informed about the presence of arrears in insurance payments or excessive overpayment. The certificate is compiled as of a specific date.

The information provided by the Fund provides a breakdown of all payments made by the policyholder in the period shown in the submitted request.

If there is no arrears or overpayments, the reconciliation process is considered completed.

Based on the results of the reconciliation, the company receives the right to submit an application for clarification of payment or an application for a refund or offset of the excess amount. Any reconciliation ends with the execution of a settlement reconciliation report.

The form of the reconciliation report on insurance premiums, penalties and fines with the Pension Fund has been approved.

It is noteworthy that Federal Law No. 212 does not regulate the procedure for delivering a reconciliation report to an organization. But based on the form of the act, two methods can be used to transfer a document - personal delivery or transfer by post.

There are no clear deadlines for the execution of the reconciliation report, nor are there strict regulations regarding the reconciliation procedure itself.

Request for a sample reconciliation report with the Pension Fund of Russia

Before initiating reconciliation with the Pension Fund of Russia, the payer is required to obtain a certificate or information on insurance premiums. To do this, an application is submitted to the Fund. Based on the state of the calculations, the need for reconciliation is determined.

If there are no discrepancies, the presence of a certificate or information is sufficient condition confirmation of the accuracy of calculations. The payer can submit an application to the Pension Fund in person.

But also necessary documents You can also inquire about the status of paid insurance premiums and accrued payments via the Internet.

In this case, there are two options for interacting with the Pension Fund online:

Contacting the Fund through a specialized operator	Namely, the one through which reporting is submitted to the Pension Fund. In most cases, in this way you can only obtain a certificate about the current status of insurance payments and related payments
Using the Policyholder's Account on the official website of the Pension Fund	By registering and creating a personal account, the payer gains access to personal account. Here you can view the history of any payments ever made to the Fund. It is also possible to request a certificate about the current status of settlements for insurance payments

Contacting the Pension Fund through Internet resources significantly reduces the payer’s time costs.

When, based on the information received from the Pension Fund, debts or surpluses in insurance premiums are identified, a reconciliation of payments must be carried out.

And based on its results, a reconciliation report with the Pension Fund is drawn up. How to request permission to conduct a reconciliation, and what information does the reconciliation report contain?

What data does it contain?

To draw up a reconciliation report for insurance payments, a unified one is used.

It was approved by Resolution of the Board of the Pension Fund of the Russian Federation No. 511 dated December 22, 2015. What is a sample reconciliation report with the Pension Fund of Russia in 2019?

The upper part of the first page of the form contains the document details, namely:

The following information identifies the parties, in particular:

The following is a description of the procedure. It is indicated that the parties carried out a joint verification of calculations for insurance premiums for compulsory pension insurance in the Pension Fund for the period from ___ to ___ as of ___.

The next stage of filling out is filling out a special table on the second or third pages of the act.

The tabular part consists of several columns, which indicate the amounts in rubles and kopecks received by the Pension Fund and the Federal Compulsory Medical Insurance Fund.

In this case, payments received to:

insurance pension;
funded pension;
contributions at additional rates.

At the same time, during the filling process, arrears, deferred payments, overpaid or collected, debt, debts due to fines, and outstanding payments are displayed.

The table is filled out by the Fund indicating his signature with a transcript and date.

This is followed by a line indicating the presence or absence of disagreements with the payer. The method for receiving the act is also displayed. Finally, the signature of the payer or his legal representative is affixed.

How to request

Clause 7, Part 3, Article 29 of Federal Law No. 212 defines the obligation of the bodies monitoring the payment of insurance premiums to issue to the payer, upon his request, certificates about the status of settlements for insurance payments.

The document is drawn up based on data from the Pension Fund of Russia. The certificate is issued after receiving a written request from the payer within five days.

In this case, both the Fund and the payer have the right to initiate the process. The law does not define a unified form of application to the Pension Fund for the provision of a reconciliation report.

Video: reconciliation report with the buyer (example)

Because this document served in free form. When drawing up a document, it is important to display in it all the necessary data that allows you to most accurately identify the applicant and the period of interest.

Writing an application

How to write an application to the Pension Fund for a sample reconciliation report? First of all, you need to write who the document is intended for, that is, the name of the territorial branch of the Pension Fund.

name of the organization or full name the applicant;
details of the organization or passport details of the payer;
legal address or place of residence;
Contact details.

Next, write the title of the document and the text of the appeal itself. Here you need to indicate a request for data regarding the status of payments for insurance premiums from the applicant for the specified period. The date of compilation and signature are indicated.

When accepting an application in person, the document must receive a registration number, executive marks acceptance.

Completed sample

You can reconcile payments not only as of the current date, but also for any period of time.

To receive a reconciliation report in a timely manner, the main thing is to submit the application correctly, indicating the correct information about the payer and the time period being verified.

Not only pensioners, but also working people who have lost their ability to work or simply want to find out about contributions to this authority are forced to periodically apply to the Pension Fund. There is a specific algorithm for any application: passing the application, Required documents to provide information. If any disagreements arise and you need to get additional clarification or challenge the actions of the Pension Fund, then a complaint is filed. Often, complaints are filed with the Pension Fund due to incorrect calculation or recalculation of pensions, non-payment of the pension itself or any bonuses, or refusal to recalculate. But in order for the result to really meet expectations, you need to know the rules for drawing up similar documents, as well as the main nuances of this issue.

Before you start directly writing a complaint against the pension fund authorities, you need to find out which department you need to contact and how it is possible to send this appeal. A correctly drafted application and sent to the address can not only significantly speed up the review process, but also save time spent on submitting your document to the office.

Submission methods

Anyone can submit an appeal by choosing the most convenient method. However, the algorithm for considering applications will not change. That is, absolutely equal chances of receiving a timely response, regardless of the method of submission. You can send your appeal:

simply by bringing an application in 2 copies to the organization and receiving a mark on acceptance for consideration on one;
by sending by registered mail, in which case notification of delivery will be required, as well as a list of the contents if there are additional attached documents;
by filling out the form on the website, you should definitely write separately which department the request will be sent to, since all forms are sent to single address and only then are redistributed to prepare the response form.

Each of the proposed methods has its own advantages and disadvantages. You need to choose best option depending on how exactly it will be more convenient to fill out the necessary documents. It is easier to submit the form online because it is guaranteed that it is impossible to miss any important piece of information. But at the same time, it will be much more difficult to attach documentary evidence to the application - they must first be scanned and then sent as an additional file. But this saves time on going to the office or delivering a letter, so it will be easier and faster to get an answer.

That is, if you are simply interested in the answer to general question or a complaint is sent to the Pension Fund due to low level service, it will be easier and more rational to send it online. But if incorrect charges were made and the visitor wants to recalculate based on available documents, then it is better to bring such requests personally to the office or send them by official letter.

Where to go

Where exactly it would be most logical to send the appeal depends on its essence. If a citizen has been poorly served, he should contact the head of the department in the area. For all other questions, you can contact higher authorities if a citizen is denied any legal right locally.

The number of requests that can be sent is not limited by any rules. Therefore, any person has the right to do as much as he sees fit.

If it was not possible to achieve justice, then the citizen can file a claim in court in the usual manner. Many lawyers believe that this is the most effective way resolve any dispute.

A common misconception of many visitors to Pension funds is that they believe litigation admissible only in cases where it is not possible to resolve the dispute peacefully. In fact, going to court is not always an obvious conflict with an organization. In some cases, even the fund employees themselves recommend going to court. The reason is that there are clear points of contention in legislative acts. Although general rule and it is assumed that laws should not contradict each other, but sometimes such contradictions are possible. In this case, employees of the Pension Fund do not have enough authority to regulate at their own discretion controversial point and then it is permissible to resolve the issue only on the basis of a court decision.

Sometimes situations arise with outright fraudulent actions (for example, someone, using the documents of a specific person, has issued payments to himself or provided a fake power of attorney to receive them). In these situations, you need to contact the prosecutor's office or the police.

Submission deadlines

It should be understood that any financial claims against the Pension Fund have a standard statute of limitations. As a general rule, it is 3 years. If any additional payment is not paid for a longer time, then the applicant has the right to file a claim in court or address claims to the Pension Fund at any time, but he can only count on payment for the last 3 years.

If we talk about complaints about poor quality service, then the appeal should be sent to the maximum extent possible. short time. Although there is no clear time frame in this case, it is still recommended to take action before the dispute loses its relevance.

Any complaint that is received by the Pension Fund must be registered within 3 working days of submission. From this date, the time allocated for its consideration begins to count. As a general rule, the period for consideration of a complaint is 10 days, but in some cases the period may be increased, if necessary objective reasons. At the same time, if the period is increased, the applicant must be informed about this by an official notification. They must also inform you if, for any reason, consideration of the application is refused - they must notify you of this within 7 days after registration of the document.

Drawing up a complaint

When making a complaint to the Pension Fund, you should Special attention focus specifically on its content and design. If we talk about standard complaints against a specialist due to his unprofessionalism, then there are no clear requirements - the appeal is drawn up like any document and should simply contain a detailed statement of the problem. But for applications with financial requirements, more stringent parameters are provided that you need to pay attention to.

Sample document

The complaint form to the Pension Fund is standard. Only the essence of the issue and some parameters change depending on the situation. In this case, certain points must be present, without which the document cannot be accepted for consideration. TO necessary information relate:

Information about the parties to the dispute

Address and name of the Pension Fund administration, as well as contact information of the applicant

Essence of the question

It is necessary to present the problem, starting from the very first point relevant to the case.

Requirements

Here it is necessary to set out in detail everything that the applicant wants to receive from the Pension Fund authorities. If financial claims are presented, it is necessary not only to indicate the final amount, but also to provide detailed calculations (for what period and what amounts must be paid). If possible, links should be made to additional regulations, which confirm the applicant’s right to satisfy the requirements.

Attached documents

Without this clause, the appeal may be accepted for consideration, but a complaint with supporting documents has a much greater chance of satisfaction than unfounded requests. Therefore, it is better to provide copies of all materials on the case. They should be additionally listed in the text of the complaint itself. To give additional formality to the document, you can specify the details of each document. If appeals have already been sent to the Pension Fund, then when filing a complaint with higher authorities, it is necessary to focus on this. This can be indicated both in the text of the appeal itself, and an additional copy of the complaint and the response to it can be attached. Even if no specific explanations were provided, in any case attempts to peacefully resolve the dispute should be pointed out.

If we talk about statements of claim to court, then they are filed precisely according to the standard algorithm for filing claims. Here it is necessary to indicate the price of the claim (the amount of the declared financial claims), include a request to recover legal costs from the defendant, and also be sure to include in the document a clause about attaching a receipt for the state fee. There are no special requirements for such claims, and they can be filed in the standard manner, like any other financial claims.

Compilation rules

In addition to the strict list of mandatory items that must be included in the appeal, it is also necessary to comply with additional recommendations for preparing such requests:

Even if the complaint is submitted in person or sent by mail, it is recommended to type it on a computer. When writing by hand, the applicant has the right to refuse consideration if it is not possible to make out the essence of what was written due to poor handwriting.
The complaint must be made strictly business style. If you use obscene language or make threats, the applicant will also be denied consideration.
It is necessary to present the essence of the issue strictly on topic; all events are described in chronological order. You should not include any personal thoughts or descriptions of emotions—just facts. In this case, it is necessary to include as much specificity as possible in the appeal: dates, names and other circumstances relevant to the case.
If the application is submitted personally to the office of the Pension Fund, then it should be provided in two copies - on one of them a note indicating the date of receipt is made. If documents are sent by mail, then an inventory of the contents and a notification of delivery are required.
Although the document should be drawn up in the most restrained style, it is still possible to highlight any additional important points. For this you can use bold font or underscore. These techniques are even welcome, especially if the complaint contains too much text. People deal with applications, and therefore it can sometimes be difficult to understand what exactly the applicant wanted to focus on. For this reason, it is better to independently highlight the most important points in the case.

Since a complaint to the Pension Fund is often filed due to any financial disputes, it is necessary to resolve the issue as quickly as possible so as not to waste the time allocated for legislative level for such proceedings. Although many believe that issues are resolved in judicial procedure The most effective, but still preliminary, it is recommended to make attempts to peacefully resolve the dispute by contacting the Pension Fund management directly. Often this is enough to decide controversial issues. Moreover, such actions can significantly save time spent on solving the problem. Also, the official response of the organization and a link to such an appeal will be an additional advantage in the case. If you fail to achieve anything, then you will have to go to court. But in any case, it is very important to draft the complaint correctly, including all the required points in the document and following the basic recommendations. This will significantly increase the chances of a favorable outcome of the case.

We file a claim against the Pension Fund correctly!

Application methods

The legislation defines several options for filing an application. Future pensioner can use any method convenient for him:

Personal visit to the Pension Fund.
Personal visit to the multifunctional center.
Through a representative who has been issued a notarized power of attorney for the right to represent interests in the Pension Fund.
Send a registered letter by mail with an inventory and delivery notification.
Through an employer who has this moment a future retiree is employed.

It is necessary to submit documents immediately after the pensioner has decided to receive a pension, since the start date pension payments The day of filing the application is considered. No compensation will be awarded for lost time.

When sending by mail, the date of sending of documents is considered to be the date on the postal stamp, which was affixed by the postal employee upon receipt of the letter from the applicant.

After receiving the documents, the PFR or MFC specialist must issue a receipt notification that he has received the documents indicating the date of their receipt.

From this moment, within 10 days a decision must be made on the appointment of pension payments.

In case of an error or incomplete set of documents, the Pension Fund employee must notify the citizen about this. 3 months are given to correct any shortcomings.

Who is eligible

Russian legislation establishes certain requirements for future pensioners. To receive this type of pension, a citizen must meet the following established requirements:

retirement age;
required number of years insurance period;
accumulated number of pension points.

So far it's new reform, Russian citizens who worked half their time under the Soviet Union are given the opportunity for a smooth transition to the new pension reform.

Thus, the requirements for the amount of experience and points increase every year until they reach the planned maximums. In terms of experience, the maximum will be 15 years, in terms of points - 30. But today, in 2019, pensioners need to have 7 years of insurance experience and 11.4 points.

The established retirement age is 60 and 55 years for men and women, respectively.

If a citizen has reached required age, but the experience is not enough or there are not enough points, he can continue to work until the required indicators are achieved or apply for a social pension.

Insurance experience

This period includes all the time labor activity, as well as periods of interruption in work established by law for certain reasons. These include the following reasons:

time to care for a child up to one and a half years, 4.5 years - the maximum permissible total period;
periods of temporary disability;
periods of a citizen’s unemployed state, when he was registered with the Employment Center and received unemployment benefits;
military wives, when they were forced to live with their spouse in military camps for a period of no more than 5 years;
spouses of diplomats accompanying them in other countries who cannot find employment there, for no more than 5 years;
when a citizen is imprisoned, if he was subsequently acquitted;
periods of military service;
any periods of paid work employment contract or other community service;
the period of time when a person cared for an elderly pensioner over 80 years of age;
periods of time when care was provided for a person with 1 group of disability or a child with a disability.

All listed periods are included in the insurance period and are taken into account when calculating pension payments.

Everyone pre-retirement age must know the procedure for applying for an old-age pension and the procedure for calculating it. And also be sure to know the established requirements for future retirees.

Excessive premiums paid by the policyholder, as well as penalties and fines to the Pension Fund of the Russian Federation and the Federal Compulsory Compulsory Medical Insurance Fund can be returned. To do this, the organization (IP) must submit form 23-PFR “Application for the return of amounts of overpaid insurance premiums, penalties, fines” to its branch of the Pension Fund of the Russian Federation at the place of registration (approved by Resolution of the Board of the Pension Fund of the Russian Federation dated December 22, 2015 No. 511p).

It should indicate:

information about the policyholder (name, registration number in the Pension Fund of Russia, TIN, KPP, address);
“type” of the overpaid amount and its meaning;
details of the account to which it should be transferred upon return.

Return procedure

The policyholder can send an application for the return of overpaid amounts to the Pension Fund within 3 years from the date of payment (Part 13, Article 26 of Law No. 212-FZ of July 24, 2009). The Pension Fund of the Russian Federation must make a decision on the return (or refusal of it) within 10 working days from the date of receipt of the application for return from the policyholder (Part 6, Article 4, Part 14, Article 26 of the Law of July 24, 2009 No. 212-FZ) . And to return the overpaid amounts within a month (Part 11, Article 26 of Law No. 212-FZ of July 24, 2009). If this deadline is violated, the Fund will have to pay the policyholder, in addition to the refunded amount itself, interest accrued for each day of delay in the amount of 1/300 of the refinancing rate (Part 17, Article 26 of Law No. 212-FZ of July 24, 2009).

At the same time, if the policyholder submits an application for a refund at a time when he has a debt to the Pension Fund that is subject to collection, then due to the overpayment, the payer’s debts will first be repaid, and only the remainder will be returned to him (Part 12, Article 26 Law of July 24, 2009 No. 212-FZ).

Let us note that it is impossible to return overpaid contributions if they were indicated in personalized reporting (within the framework of the RSV-1) and, according to the information of the territorial office of the Pension Fund of the Russian Federation, have already been allocated to individual accounts of insured persons (Part 22 of Article 26 of the Law of July 24, 2009 No. 212-FZ). Such amounts can be offset against future payments.