Lawyer on insurance pensions Federal Law 400. Law on insurance pensions

From January 1, 2015, a new procedure for calculating pensions is being introduced - the so-called. new pension formula. Its main goal is to ensure financial balance of the pension system and increase the joint responsibility of the state, employers and employees themselves for the level of pension provision.

The essence of the new pension formula comes down to the following. The retirement age remains the same: for men - 60 years; for women - 55 years. The minimum insurance period (length of payment of insurance premiums) to acquire the right to a pension will increase from 5 to 15 years. It will increase annually by 1 year starting from 2015. The same “non-insurance periods” as before will be counted into the insurance period. In this case, the period of childcare taken into account until they reach 1.5 years of age will be a total of 6 years (previously - 3 years).

The size of the pension depends on the amount of individual pension coefficients (IPC) accumulated during the insurance period and the cost of 1 pension coefficient in the year the pension was assigned. The IPC for the corresponding year of insurance experience is calculated based on the ratio of the insurance premiums actually accrued for the employee during the year and their standard amount (calculated from the maximum annual salary base subject to contributions). The cost of 1 pension coefficient will be determined annually by the federal law on the Pension Fund budget.

The right to early retirement for workers in harmful, hazardous industries and other categories of citizens is retained, but subject to the availability of a certain amount of IPC.

Thus, the size of your future pension will directly depend on your salary. The higher and more legal it is, the larger the pension will be.

To encourage citizens to retire at a later age, increasing coefficients are provided. Moreover, the later a person applies for a pension, the greater it will be.

A fixed payment of 3,935 rubles is established for the insurance pension. per month. It will also increase if you retire later. For some categories of citizens (persons over 80 years of age, disabled people of group I, etc.), an increased amount of fixed payment is provided.

The new pension formula retains the recalculation of pensions for working pensioners.

The mechanism for indexing pensions will remain the same.

The procedure for calculating disability and survivors' insurance pensions is generally similar to the previous one, taking into account the introduction of an individual pension coefficient to replace the calculated pension capital.

Pensioners receiving labor pensions will be transferred to a new procedure for calculating pensions from January 1, 2015. At the same time, the amount of the insurance pension determined according to the new rules cannot be lower for them than what they received previously.

It is planned that the new pension formula will allow the average old-age insurance pension to be increased by 2030 to the level of 2.5-3 subsistence minimums for a pensioner. Provided that insurance premiums have been paid for at least 35 years and with an average salary, the pension will be up to 40% of earnings.

The federal law comes into force on January 1, 2015, with the exception of certain provisions for which a different period of entry into force is provided.

Active

It is important that the amounts of insurance pensions for persons who, as of January 1, 2015, had labor pensions, including the share of the insurance part of the labor pension, are specified in the manner established. In Art. 35, the legislator determined the mechanism for the transition from the assignment and payment of labor pensions paid before January 1, 2015, to insurance ones. The individual pension coefficient, into which pension rights formed before the entry into force of the Law are converted, is calculated by dividing the estimated amount of the insurance part of the labor pension by the cost of one conversion pension coefficient as of January 1, 2015.

From January 1, 2015, “On Labor Pensions in the Russian Federation” loses force, with the exception of the rules governing the calculation of the amount of labor pensions and to be applied to determine the amount of insurance pensions in accordance with the commented part that does not contradict the commented Law. In other words, certain provisions of the Federal Law “On Labor Pensions in the Russian Federation” continue to be applied, but as auxiliary provisions for the purposes of calculating pension amounts.

The law is aimed at protecting the rights of citizens of the Russian Federation to an insurance pension, which is provided on the basis of compulsory pension insurance. Compulsory pension insurance in Russia exists as one of the types of compulsory social insurance, along with the system of compulsory medical insurance and social insurance against accidents. The concept of “compulsory pension insurance” is disclosed in the Federal Law “On Compulsory Pension Insurance in the Russian Federation” and implies a system of measures aimed at compensating citizens for the earnings (payments, rewards in favor of the insured person) received by them before the establishment of compulsory insurance coverage. Compulsory pension insurance was initially created to insure working citizens against possible changes in their financial and social status, including due to circumstances beyond their control. It is aimed at protecting elderly citizens, as well as the disabled, people who have lost their breadwinner, and people in a helpless state.

Compulsory pension insurance lays the foundation for pension provision. Until January 1, 2015, the majority of pensioners in Russia received labor pensions, and in the same way, from the date of entry into force of the commented Law, the majority of pensioners will be established and paid insurance pensions (along with funded ones, about which see “On funded pensions”).

1. The pension system of the Russian Federation consists of state pension provision, compulsory pension insurance, voluntary (additional) pension provision (insurance). Until January 1, 2014, it also included professional pension insurance, which ceased to be relevant (for more details, see the Government of the Russian Federation of May 20, 1998 N 463, which approved the federal pension reform, which determined the basic principles and directions for the development of the new pension model).

The legislation of the Russian Federation on insurance pensions is part of the legislation on the pension system (i.e. pension legislation) and at the same time - part of the legislation on state pension provision.

The guarantees of compulsory pension insurance are, first of all, set out in the Constitution of the Russian Federation. The norm of the Constitution of the Russian Federation proclaims the Russian Federation as a social state, which provides state support for the family, motherhood, paternity and childhood, establishes state pensions, benefits and other guarantees of social protection. The rights of every person, including compulsory pension insurance, regardless of his age and other inherent qualities, are equal.

The commented article names individual federal laws that form the basis of the legislation on insurance pensions. It must be said that the very concept of legislation is voluminous and includes normative acts of varying legal force, including by-laws (they will be discussed below).

The subject of regulation "On the Basics of Compulsory Social Insurance" is relations in the system of compulsory social insurance, determines the legal status of subjects of compulsory social insurance, the grounds for the emergence and procedure for exercising their rights and obligations, the responsibility of subjects of compulsory social insurance, and also establishes the basis for state regulation of compulsory social insurance .

This law considers compulsory social insurance as part of the state system of social protection of the population, and at the same time - as a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of working citizens, and in cases provided for legislation of the Russian Federation, other categories of citizens due to reaching retirement age, the onset of disability, loss of a breadwinner and some other events. In the context of this law, the payment of social pensions is one of the components of a set of measures taken by the state within the framework of the functioning of the compulsory social insurance system.

In the Federal Law "On the Basics of Compulsory Social Insurance", old-age pension, disability pension and survivor's pension are named as types of insurance coverage for compulsory social insurance.

The law regulates the rights and obligations of insured persons, insurers, policyholders, features of the management of the compulsory social insurance system, and the basis for the functioning of the financial system of compulsory insurance. Thus, according to compulsory social insurance funds, they are accounted for in accounts opened by territorial bodies of the Federal Treasury in the divisions of the Central Bank of the Russian Federation to record transactions with funds from the budgets of the Pension Fund of the Russian Federation. Let us add that the funds recorded in the mentioned accounts are also used to pay insurance pensions.

Mandatory insurance coverage is understood in the law as “fulfillment by the insurer of its obligations to the insured person upon the occurrence of an insured event through the payment of an insurance pension,” as well as other pensions and payments.

The subjects of compulsory pension insurance are the policyholders, the insurer and the insured persons, among the insurance risks and insured events are the achievement of retirement age, the onset of disability, and the loss of a breadwinner. “On Compulsory Pension Insurance in the Russian Federation” regulates certain issues of payment of insurance contributions to the Pension Fund of the Russian Federation, registration and deregistration of policyholders with the insurer’s bodies, rights, obligations and responsibilities of the insurer, policyholders, and insured persons.

The Law under comment contains a reference to “On Compulsory Pension Insurance in the Russian Federation” in the part concerning the establishment of the procedure for financial support for the payment of insurance pensions. In this case, one should be guided by the provisions of Chapter IV, dedicated to the financial system of compulsory pension insurance, including issues of the formation and expenditure of budget funds of the Pension Fund of the Russian Federation. The Federal Law “On Compulsory Pension Insurance in the Russian Federation” notes that the individual pension coefficient of the insured person, the sum of the individual pension coefficients of the insured persons and the cost of one pension coefficient are determined in accordance with the commented Law. Thus, both laws under consideration contain mutual references, which is explained by the fact that the areas of their regulation are closely related to each other.

The changes that were made to the Federal Law of the Russian Federation “On Insurance Pensions” dated December 28, 2013 No. 400-FZ affect a number of norms of this document.

Attention! The key provisions of pension provision in the Russian Federation are the following:

• the retirement age for men is 60 years, and for women – 55 years;
• To receive an old-age insurance pension, you must have at least fifteen years of insurance experience;
• to receive an old-age insurance pension, you must have at least 30 points of the pension coefficient;
• Citizens who have lost their ability to work and have the first, second or third group of disability have the right to receive a disability insurance pension;
• Disabled persons who are close relatives of the deceased have the right to receive a survivor's insurance pension: children, brothers and sisters, spouse, parents, grandchildren. To receive this type of pension, you need documentary evidence of the death of the breadwinner (this can be a death certificate or a court decision declaring the citizen dead).

Basic provisions

In foreign countries, pensioners travel freely, relax at resorts, without experiencing financial difficulties. The pension allows them to enjoy a well-deserved rest.

In Russia, things are different: citizens who have worked most of their lives experience financial difficulties upon retirement, since the size of the pension they receive allows them to satisfy only everyday needs.

For this reason, many pensioners continue to work even after reaching retirement age, receiving additional income. The Pension Fund of the Russian Federation recorded a cash deficit, since the amount of contributions was lower than the total amount of funds for paying pensions to citizens.

To solve this problem and increase the size of pensions, the Federal Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ was adopted.

According to the provisions of this legal act, the pension began to consist of two parts: insurance and funded. The insurance part of the pension is regulated by the specified Federal Law, and the funded part is regulated by the Federal Law “On Funded Pension” dated December 28, 2013 N 424-FZ.

The insurance part of the pension, in turn, consists of a basic part (fixed payment), which is paid regardless of the availability and length of service, and an insurance part, which requires confirmation of length of service and the presence of pension points.

One of the innovations is the right of a pensioner to refuse to register for a pension in order to increase its size over several years. These innovations contributed to increasing the size of pensions and preventing a shortage of funds in the Pension Fund.

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Definition of concepts

For each person who is a pensioner, in accordance with Federal Law No. 400, a monthly insurance pension is provided. According to Article 3 of this legal act, the insurance pension is material compensation in connection with loss of ability to work upon reaching retirement age, due to disability or the loss of a breadwinner.

In accordance with Article 6 of Federal Law No. 400, the following types of pensions exist:

• upon reaching a certain age;
• according to the length of service of persons;
• due to disability;
• for the loss of a breadwinner.

However, a citizen does not automatically receive an insurance pension if the specified grounds exist. To apply for an insurance pension, the following conditions must be met.

Important! For old age pension:

• at least 15 years of insurance experience;
• reaching retirement age (60 years for men and 55 years for women);
• at least 30 points of the pension coefficient.

For long service pension:

• reaching the age of 55 years for men and 50 years for women;
• having at least 12.5 years of work experience in hazardous working conditions for men and 10 years for women, or having 15 years of work experience in the Far North;
• having at least 25 years of total work experience for men and 20 years for women.

For a disability pension:

• documentary evidence of loss of ability to work;
• presence of experience. However, no minimum length of service has been established;

For survivor's pension:

• the presence of disability due to age or health status, reaching retirement age;
• loss of a source of livelihood due to the death of a citizen;
• whether the breadwinner has insurance experience.

Watch the video. Law No. 400 “On Insurance Pensions”:

The procedure for calculating the insurance period

The main condition for exercising the right to pension provision is the presence of work experience. Experience must be confirmed using appropriate documents.

According to the provisions of Articles 11 and 12 of Federal Law No. 400, the following periods are counted in the length of service:

• periods of employment during which contributions to the Pension Fund were made;
• the period of caring for a disabled person of the first group or an elderly citizen who has reached 80 years of age;
• the period of labor activity in a foreign country, if a corresponding international agreement has been concluded;
• period of military service;
• period of parental leave (until he turns 1.5 years old);
• the period during which the citizen received unemployment benefits;
• the period during which the serviceman’s spouse lived with him in another locality, where she was unable to find a job (no more than 5 years are counted).

The procedure for confirming length of service and its calculation is carried out in accordance with the provisions of Decree of the Government of the Russian Federation No. 1015. Insurance experience is confirmed primarily with the help of a work book. If this document is missing, or some of the information in it is lost, length of service can be proven using an employment contract, salary certificates, etc.

If these documents are lost and they cannot be restored due to natural disasters, it is possible to prove the existence of an insurance record with the help of two witnesses who worked together with the citizen and a certificate from the local administration about the fact of a natural disaster.

Remember!

The insurance period is calculated in accordance with the provisions of Government Decree No. 1015: the length of service is calculated in months, and it is assumed that each month is equal to thirty days. The months are added up and the years are counted.

Periods that have documentary evidence are taken into account (from the moment of commencement of labor activity until dismissal or until the moment of applying to the Pension Fund).

Determining the amount of payments

The insurance pension includes two components: a fixed payment and an insurance part. The minimum fixed payment amount is RUB 4,805.11. It is accrued to every pensioner except those who receive a survivor's pension.

It is permissible to increase the size of the fixed payment if the pensioner has dependents to support (increases by 30%) or has work experience in the Far North (increases by 50%).

The insurance part of the pension is determined in accordance with the existing insurance period and the presence of IPC pension points, which are influenced by contributions to the Pension Fund of the Russian Federation transferred during the working period.

To receive an insurance pension, a citizen must have at least 30 points. As a rule, points that were awarded for maternity leave are added to them (1.8 for each child). Each point has a certain value, which is determined by law, and is subject to annual indexation.

According to Article 22 of Federal Law No. 400, the pension will be assigned from the moment of registration of the submitted documents. After the Pension Fund employee has accepted them, an authenticity check is carried out within ten days. If certain documents are missing, the applicant has the right to submit them additionally within the next three months.

In accordance with Part 5 of Article 22 of this regulatory act, early assignment of a pension is permissible. This means that the pension will be assigned not from the moment of filing the documents, but earlier if the applicant applied to the Pension Fund within a month after dismissal upon reaching retirement age or within a year after receiving a disability certificate.

After submitting the necessary documents, the pension will be paid monthly, including for the month in which it was issued.

Attention! According to Article 21 of Federal Law No. 400, a pensioner has the right to independently choose the method of receiving a pension: by mail, to a bank card or in person.

Early accrual

All citizens work in various conditions, some of them work in the Far North, some have hazardous working conditions. These categories of workers have the right to retire at the earlier retirement age established for all.

Men have the right to claim a pension upon reaching 55 years of age, and women upon reaching 50 years of age.

According to the provisions of Articles 30-32 of Federal Law No. 400, early pension is established under the following circumstances:

• presence of harmful work experience: for men - at least 12.5 years, and for women - at least 10 years;
• persons permanently residing in the Far North, if they have the following experience: at least 25 years for men and at least 20 years for women, with at least 15 years of experience directly in the Far North;
• women who have given birth and raised 5 or more children, with at least 15 years of experience;
• one of the parents of a disabled child with at least 20 years of experience for men and 15 years for women;
• disabled people with military trauma, with at least 25 years of experience for men and 20 years for women.

These persons receive a pension taking into account an increased fixed payment.

Disability Insurance Pension Law

Disabled people of each group have the right to receive a disability pension. When assigning a pension, the causes of disability are not taken into account. The length of the citizen’s insurance period is also not taken into account; it may be minimal.

The procedure for obtaining the status of a disabled person is regulated by the provisions of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995 No. 181-FZ. A medical and social examination is being carried out.

On the occasion of the loss of a breadwinner

Close relatives of the deceased who are disabled have the right to receive a survivor's pension.

What are insurance pensions? The answer to this question is contained in No. 400-FZ “On Insurance Pensions”. It is this law that will be discussed in the article.

About legal regulation

The presented bill was developed in accordance with the Russian Constitution. It is intended to establish the grounds for the emergence and implementation of civil rights to insurance-type pensions. The purpose of regulatory act No. 400-FZ is to protect the rights of Russians to insurance pensions provided under the terms of compulsory pension-type insurance. Moreover, the social significance of labor activity must be taken into account here, as well as the social orientation of the economy in the country and the constitutional principles of providing employed citizens with pension payments.

We should also talk about the legal regulation of the pension sector. No. 400-FZ is far from the only regulatory act regulating pension-type payments. Here it is also worth highlighting No. 156-FZ “On Social Insurance”, Federal Law “On Personalized Accounting in the Insurance System”, as well as some other laws. All presented regulations, in accordance with Article 2 No. 400-FZ, are designed to consolidate the existing pension system and modernize it.

About basic concepts

The presented regulatory act contains a large number of highly specialized concepts that are worth paying special attention to. What is an insurance pension? In accordance with the law, this is a financial payment on a monthly basis designed to compensate the wages of insured persons when they reach the age of disability. It is important to take into account the insurance experience here. The law states that the insurance period is the total duration of working periods during which insurance contributions to the Russian Pension Fund were calculated.

Another important concept is coefficient. According to No. 400-FZ “On insurance”, a special parameter that can reflect the pension rights of the insured person in relative units. The value of such a coefficient can be the ratio of the amount of insurance-type contributions to the financial security of the pension.

Who is entitled to insurance pensions?

Which persons have the opportunity to receive an insurance-type pension on time? According to Article 4 No. 400-FZ, these must be persons with Russian citizenship who have special insurance. In some cases, family members of insured citizens who are unable to work have pension rights. It is also worth adding foreigners and stateless persons here.

According to Article 5, it may be possible to receive insurance and state pensions at the same time. Citizens entitled to receive an insurance pension are entitled to one pension of their choice. There are the following types of insurance payments:

• in connection with acquiring the status of a disabled person;
• in case of loss of a breadwinner;
• by old age.

Article 7 establishes the rules for financial support for insurance-type pensions. Thus, the bill under consideration may be amended to increase costs for the payment of insurance-type pensions. Such changes are permissible only once a year as part of drawing up a budget for the new year or for the planning period.

Terms of insurance payments

Chapter 2 of Federal Law No. 400-FZ details the main types of insurance payments, as well as the conditions for their implementation. Article 8 deals with the formation of pension payments in case of old age. The age is regulated for civil, military and government employees. A minimum period of fifteen years is established for the assignment of a pension on an insurance basis. It also talks about the coefficient, which should be at least 30.

Article 9 establishes the norms for assigning pensions to disabled people of groups I, II or III. According to the law, only a special medical and social examination can recognize a citizen as disabled. The cause of disability, the period of insurance coverage or the duration of work are not conditions for the formation of pension payments in connection with disability. Here, only the conclusion of a special commission on the presence of a disabled group is sufficient.

Finally, Article 10 of the law in question refers to the case of loss of a breadwinner. According to the normative act, the opportunity to receive an insurance pension is acquired by family members of the breadwinner who are not capable of working. The insurance experience of the deceased breadwinner does not play a role here - it may not even exist.

About the assignment of insurance experience

Federal Law No. 400-FZ “On Insurance Pensions” regulates in detail the process of assigning insurance experience. Article 11 talks about the periods of work that should be included in the length of service. Thus, labor activity had to be performed on the territory of Russia. During the entire working period, insurance-type contributions were to be accrued to the Pension Fund budget. Working periods performed outside the Russian state are regulated separately.

Article 12 details the working periods provided for in Article 11. Here is what is worth highlighting here:

• duration of military service;
• deadlines for registration and receipt of benefits under the compulsory social program. insurance;
• periods of child care (maternity leave);
• period of use of unemployment benefits;
• the period of unjustified bringing of a citizen to criminal liability, which resulted in a temporary inability to carry out work activities;
• duration of care for a disabled person over 80 years of age;
• other periods established in Article 12 of the bill under consideration.

How does the process of assigning insurance experience work? This will be discussed further below.

The process of assigning insurance experience

Above we talked about the main conditions for the formation of insurance-type experience. Articles 13 and 14 of Federal Law No. 400-FZ establish the norms in accordance with which the process of calculating length of service is carried out.

The calculation of length of service must occur in calendar order. When calculating, all periods that can legally be included in the insurance type of experience must be confirmed by special documents issued by employers or individual government agencies. The basis for individual accounting information also serves as confirmation of individual periods included in the length of service. The entire process of calculating, registering and confirming the insurance period is established by the Government of Russia.

About the amount of payments

In No. 400-FZ, Art. 15 there is an analysis of the formula according to which the amount of the insurance pension is determined. According to the formula, the amount of an old-age, survivor or disability pension is equal to the product of the type and cost of one such coefficient per day included in one of the periods listed above.

Article 16 sets specific figures. So, if we are talking about group III pensioners, then a little more than 3.9 thousand rubles are added to the insurance type pension. A rule is established according to which the amount of payments to the insurance pension must be indexed annually.

About appointment dates

Chapter 5 No. 400-FZ (with comments and additions from 2017) establishes the rules governing the specific timing of the appointment of insurance pensions. Thus, Article 22 talks about the day of applying for an insurance type pension. Payments, according to the law, are assigned from this day. If a citizen has not submitted to the appropriate authority some part of the documentation necessary for registration of a pension, then a delay of up to three months may be assigned.

An insurance-type pension can be assigned ahead of the application period only in certain cases:

• for old age - from the date of dismissal from work, if the citizen applied for the specified payment no more than a month from the date of dismissal;
• for disability - on the day the citizen is recognized as disabled, if the application occurred no later than a year from the specified date;
• on the occasion of the death of the breadwinner - if the appeal was submitted no later than one year from the date of confirmation of the death of the breadwinner.

Disability pension payments are established for the period of recognition of a citizen as disabled. Payments for old age or in connection with the loss of a breadwinner are always unlimited.

400-FZ of December 28, 2013 was adopted in pursuance of the Constitution and in accordance with Law of December 15, 2001 No. 167. The purpose of the normative act is to provide citizens with guarantees in receiving money in connection with the end of their working career. Let us consider further some provisions of the Law "About insurance pensions".

general characteristics

The normative act in question determines first of all. At the same time, the importance of labor activity or other socially useful occupation of people in a state with a socially oriented economic model is taken into account. In accordance with the document, a material basis is formed for financial provision of citizens of specific categories to meet their key life needs. On the basis of this normative act, the subsidiary responsibility of the state is implemented.

Categories of citizens

Persons entitled to an insurance pension, are listed in Art. 4 commented acts. The following legal options are available to:

Special cases

The legislation provides for the right to early assignment of an insurance pension. According to the regulatory act under consideration, it can be used by citizens whose individual coefficient is at least 30 and who worked in special labor or climatic conditions. The relevant provisions are established in Articles 30-32.

Selecting payouts

Russian legislation establishes different ones. If the status of a citizen provides for the simultaneous receipt of several payments, then the subject must choose one of them. However, exceptions may be made for certain individuals. The relevant cases are established in Law No. 167. According to the normative act, simultaneous receipt of state security payments and an insurance pension is allowed. The calculation and provision of the latter are carried out regardless of the accumulative amount. A citizen can apply for an insurance payment at any time from the moment the corresponding right arises.

Classification

The Law in question defines such as:

1. Due to old age.
2. Due to disability.
3. Due to the loss of a breadwinner.

For each type, general and special rules for obtaining are provided.

Financial support

It is established in accordance with Law No. 167. The standards define the procedure for financing the payment of insurance pensions, fixed amounts to them and their increases. If changes are made to Federal Law 400 that entail an increase in the cost of monetary support, corrective provisions must be adopted to the budget legislation for the current and upcoming periods. In addition, the Law on Financing the Pension Fund of the Russian Federation is subject to amendment.

Old age payments

Law " About insurance pensions" establishes the requirements that citizens must meet in order to receive the appropriate amounts. The main requirements are:

1. Reaching the required age. For men it is 60, for women - 55 years.
2. Having an insurance experience of at least 15 years.
3. The individual coefficient must be at least 30.

Disability payments

Federal Law 400 establishes that the opportunity to receive amounts of money of this type can be taken advantage of by citizens who have 1, 2 gr. Recognition of a subject as disabled and the establishment of the appropriate group is carried out by the federal institutions of the ITU. The rules for conducting the examination are established in Law No. 181. The insurance payment is assigned regardless of the cause of disability or length of service. It does not matter whether the citizen continues to work or performs other socially useful work. The time of onset of disability (during work, after its termination or before entering the enterprise) is also not taken into account. If the subject has no insurance experience at all, he is assigned a social benefit according to the rules provided for in Law No. 166.

Payments due to the loss of a breadwinner

The disabled relatives of the deceased insured person have the right to receive a pension if they were his dependents. An exception to this category are subjects who committed a crime that resulted in the death of the specified citizen and was established in criminal proceedings. One of the spouses, parents or other family members can receive a payment regardless of whether they were dependent on the deceased or not. In a number of cases, the breadwinner in the family is recognized as missing. If there is an appropriate court decision, his relatives are equal to the relatives of the deceased citizen.

Disabled categories

Paragraph two of Article 10 of Federal Law 400 defines citizens who have the opportunity to receive payments due to the loss of a breadwinner. These include the disabled:

Nuances

Relatives of the deceased will be considered dependent if they received assistance that acted as a permanent and main source of income, or were fully supported by the deceased. A special provision in Federal Law 400 is provided for children. They are considered dependents by default unless declared fully competent by law or under 18 years of age. A disabled spouse or non-dependent parent can expect to receive a payment if, regardless of the time that has passed since the death of the insured person, they have lost their main and permanent source of livelihood.

Additionally

The insurance payment due to the loss of a breadwinner-spouse upon entering into a new officially registered marriage is retained. Adoptive parents and adopted children can also count on benefits on the same basis as parents and natural children. A stepmother and stepfather have the right to receive a pension in the same way as their own mother and father if they supported and raised the deceased child for at least five years. Payment to a family that has lost its breadwinner is provided regardless of the length of service of the deceased, time and cause of death. The exception is the cases defined in Article 11 of Federal Law 400. In accordance with it, if the deceased has no work experience at all or if disabled relatives commit a criminal act that resulted in his death, social benefits are accrued according to the rules of Law No. 166.