Under what circumstances can the pension amount be legally reduced?

It is no secret that in our state a large pension is the lot of those in power and their relatives, friends and associates. Ordinary people cannot boast of substantial pension payments. And it’s not only difficult to travel around the world on a regular pension, but it’s also difficult to even survive until the next pension. However, it is not for nothing that there is a saying that everything is learned by comparison. And the initially established pension that you previously received may seem very good even if the pension fund cuts it.

In what cases can the insurance pension be cut?

In accordance with current legislation, a reduction in payments to a pensioner can be made in the event of:

availability of the relevant executive document,

changes in circumstances giving the right to additional payments,

detecting an overpayment and making a decision on its return by the authorities responsible for pension provision,

the presence of a court decision to recover amounts that the pensioner was not entitled to, but were paid as a result of his abuses.

Despite the fact that a pension is not subject to income tax, it is certainly income, which means that in cases established by law, it can act as a source of penalties.

So, if a pensioner has debt on a loan or housing and communal services, in the event of a trial and the opening of enforcement proceedings based on the decision, the bailiffs will withhold money from the pension until the debt is fully repaid.

What is recalculation

The existing pension system in Russia involves the “addition” of several components, which form the final amount assigned for monthly payment.

The basic part is a fixed and annually indexed amount accrued to each pensioner, regardless of his length of service.
The funded part is an amount calculated in accordance with the volume of savings formed by employer contributions. The size depends on how much money was transferred, that is, on the official salary.
The insurance part is a kind of “compensation” for work, accrued to everyone who has official work experience declared in the Pension Fund. The amount depends on salary, years worked and retirement age.
Fixed payments are fixed amounts assigned by the state that are paid under certain circumstances (dependants, etc.).

But there is a simpler way of presenting it – pension points and their value. The “price” of the IPC (individual pension coefficient) changes annually. Consequently, with each indexation, the pension also increases.

But if it grows precisely because of the points actually taken into account, will pensions decrease if the Pension Fund writes off some of these points? Unfortunately, the answer is yes. And this is the meaning of recalculation - a change in the actually accrued pension amount.

How do overpayments occur that are then deducted?

They are formed in cases where a citizen loses the right to receive a particular allowance, but does not inform the Pension Fund about this and continues to receive it.

For example, a pensioner who has a minor child receives an increase until the child turns 18 years old. However, if he studies full-time, the additional payment will last until he completes his studies or reaches 23 years of age. But if an adult child is expelled, the pensioner loses the right to the dependent supplement, and he will be obliged to notify the Pension Fund about this. If this is not done, there will be an overpayment, which may subsequently be withheld from the pension.

The Pension Fund explained that temporarily part of the insurance pension may be withheld due to the fact that it was overpaid in previous months. In this case, the excess money will be returned to the Pension Fund monthly by deducting a certain amount. More than 20% of the established pension cannot be calculated per month.

The pension may also be reduced by a court decision on recovery due to abuse by a citizen. For example, if a pensioner did not pay the rent on time, or did not pay off any fines. In this case, a collection case is initiated, which is sent to the bailiffs. Part of the pension will be retained by him until the debt is fully repaid.

In addition, a reduction in the size of the pension may occur on the basis of executive documents. In this case, the amount of deductions increases to 50%. If the penalties relate to unpaid child support, the citizen may be deducted up to 70% of the total amount.

A constant factor due to which the pension may suddenly decrease is the citizen’s move to another city. This is due to the fact that when you change your place of residence, the regional coefficient, which affects the amount of payments, may also change.

In order to find out exactly why the reduction in payments occurred, you need to contact the Pension Fund. Such information can be obtained at any branch of the fund, regardless of the place of permanent registration.

Earlier EADaily reported that Deputy Chairman of the Russian Government Tatyana Golikova spoke about how much pensions will be indexed.

Permanent news address: eadaily.com/ru/news/2019/09/14/pfr-esli-pensiya-vdrug-umenshilas-sprosite-nas-pochemu Published September 14, 2020 at 14:56

Add EAD to your sources: Yandex-News Google News

All news

02:19 Zelensky: Ukraine will not provide military assistance to Azerbaijan
01:56 Kim Jong-un wished Donald Trump a speedy recovery
01:34 The head of the Ukrainian Air Force denies involvement in the An-26 crash
01:00 Nikol Pashinyan and Emmanuel Macron discussed the situation in Karabakh
00:34 White House: Trump suffers coronavirus with “mild symptoms”
00:23 The policeman who issued a false certificate in the Efremov case was fired
00:01 The number of deaths per day from Covid-19 in Moscow exceeded 30 people

02.10.2020

22:36 The European Union hopes to get closer to Belarus through sanctions
22:08 Turkish issue at the EU summit: Ankara was urged to refrain from provocations
22:02 Decriminalization of forestry: re-equipment of the industry or mask show?
21:46 Armenia will present data on incursions by drones of the Azerbaijani Armed Forces to the CSTO
21:29 Serbia has not made any “U-turn from Moscow” - Petr Iskenderov
21:00 Albanians in Serbia want to be on the agenda of negotiations between Pristina and Belgrade
20:11 A missile strike was carried out on the capital of Nagorno-Karabakh
19:57 Pashinyan’s chief adviser: Türkiye is sowing death around itself - interview
19:15 WHO advises against introducing strict restrictions in Russia due to coronavirus
19:01 Russian Foreign Ministry: We will automatically support retaliatory Belarusian sanctions
18:59 Russia, following Belarus, imposed sanctions on the EU
18:26 Türkiye began preparing Azerbaijan for unmanned warfare back in the summer
18:09 In Moldova, the real number of Covid-19 exceeds statistics - Ministry of Health
18:04 Elections in Moldova: candidates began campaigning, everyone is confident of their victory
17:59 Putin and Pashinyan again discussed the situation in the Karabakh conflict zone
17:59 The Kyiv Court of Appeal upheld the verdict of Viktor Yanukovych
17:52 Washington is trying to push intra-Afghan negotiations in Doha
17:45 AvtoVAZ increased sales after the August fall
17:36 Construction of the border section of the Khaf-Herat railway is being completed
17:36 Pashinyan: “Who gave NATO Turkey the right to fight in the South Caucasus?”
17:24 The editor-in-chief of an online publication burned herself in front of the Ministry of Internal Affairs building in Nizhny Novgorod
17:20 News about Trump's illness caused a rapid rise in gold prices
17:16 Kabul is perplexed: Armenia asks to deprive us of observer status in the CSTO
17:00 German columnist: Navalny is an extreme outcast
16:55 $40 million withdrawn from funds investing in Russian assets
16:53 Foreign journalists were banned from working in Belarus
16:53 There are new victims of Covid-19 in Georgia, the Ministry of Health calls on the population to stay at home
16:45 Expert: It’s better to have a cache in case of a negative scenario

Load more
Survey

Who benefits from the escalation of the conflict in Nagorno-Karabakh?

Nikol Pashinyan: 13% Ilham Aliyev: 15% Turkey: 54% Israel: 11% USA: 40% Russia: 12% Poll results

Main news

Pashinyan's chief adviser: Türkiye is sowing death around itself - interview
“Nord Stream 2”: “Chersky” at sea, another “supply” goes to Mukran
Assad: Russia must restore balance, the world lives by the law of the jungle
Baku complained about the difficult conditions of the “counter-offensive”: “It’s snowing”

Editor's Choice

Baltics - Russia: “I am not my brother’s keeper”

Analytics

War of historical memory between Romania and Hungary over Transylvania
Anti-state logging: “The Russian timber mafia sits at the very top”
Belarusian nationalist revenge and the “Karabakh move”: What does Russia lose?
Duel over military budgets: the economics of the new Karabakh conflict
Turkey factor: The war with Armenia benefits only the “king of the hill” Erdogan
Lavrov's strategy in the case of Obama and Nord Stream 2
Blitzkrieg in Nagorno-Karabakh did not work out for Azerbaijan - expert

Current stories

Brexit: divorce from the EU in English

September 2019

Information

About the agency
Authors

18+

Media registration certificate: IA No. FS 77-63062 dated September 10, 2015, issued by the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor).

When using materials, a hyperlink to the EADaily news agency is required

Using EADaily Information Agency information for commercial purposes without the agency's written permission may result in legal action.

Pension reduction due to relocation

Payments will be reduced if the pensioner officially, with a change of registration, moves to another region in which a lower regional coefficient is used when calculating pension payments.

You can avoid this if you manage to keep your old place of registration while permanently residing in the new one, but this is already an administrative offense for which you face a fine.

These are the main circumstances due to which a pensioner today may suddenly begin to receive payments in a smaller amount. Do you think this list will be expanded in the near future? Please share your opinion in the comments and thank you for your attention.

Why is this possible?

Pension legislation presupposes the possibility of recalculation, which is fraught for a pensioner with a change in the amount of the pension payment received as a result of the occurrence or change, cessation of any circumstances that influenced the decision-making on the amount of the initially established pension.

The popular bookmaker has launched a mobile application for Android, you can follow the link absolutely free and without registration.

Our citizens stubbornly hope for the best, believe in the state’s care for them, and therefore always interpret the term “recalculation” exclusively in the direction of increasing pension payments. However, such an association is not always true. After all, the law provides for the possibility of reducing pensions. Therefore, pensioners cannot be completely sure that a reduction in their pension payments is impossible. According to current legislation, an already assigned pension can be reduced in a number of cases.

Can the old-age pension be reduced by decision of the Pension Fund of the Russian Federation?

Art. 26 of the law on labor pensions determines for what reasons a portion of payments may be withheld by decision of the Russian Pension Fund. This is an overpayment of social benefits and pensions resulting from the fault of the pensioner himself. This is due to the fact that, according to the law, an elderly person is obliged to notify the Pension Fund as soon as possible about changes in circumstances that may affect the amount of payments.

For example, a citizen is awarded a fixed payment in an increased amount due to the fact that he has a full-time student as a dependent. If he transfers to the correspondence department, is expelled or finishes studying, the pensioner must notify the Pension Fund authorities about this to carry out a recalculation.

Concealing information will be considered a violation of the law. The resulting overpayment will subsequently be recovered from the pension.

Many people are interested in whether the pension fund has the right to withhold overpayments resulting from the fault of the former employer. The Pension Fund does not have such a right. A striking example is that in order to calculate pension payments, erroneous information was provided about the amount of earnings received, which is why the citizen was assigned an increased pension. After identifying an inaccuracy, the pension provision will be recalculated by the fund employee, but the money paid in excess will not be deductible.

5 signs of coronavirus from Wuhan
Which pensioners will receive a pension increase in May 2020
Increasing pensions for military pensioners in 2020

Identifying unreliable or unverified records

The main data on the basis of which the pension is calculated is the length of service and the salary of the person who applied to the Pension Fund for calculating the pension.

What pension size, according to Russians, is adequate for life?

Thanks to the reflection of all the information on the individual personal account of any Russian citizen, available in the electronic database of the Pension Fund of Russia, practically no questions arise regarding the length of service obtained with a certificate of compulsory pension insurance. However, for those periods of work when “green certificates” had not yet been issued, proof of work experience is provided exclusively by paper documents. And sometimes serious questions arise regarding how to fill them out correctly.

In practice, there are cases of assigning a pension based on such documents, but over time, for example, when conducting an audit or transferring the pension file to another executor, it becomes clear that the documents on which the pension was assigned by the Pension Fund employee are unreliable.

As an example, we can cite cases where the signature of the chief accountant of an organization is missing on a salary certificate or there are no grounds for issuing the document. Such failure to fill out a financial document in a strictly established form leads to its invalidity.

On this basis, all information contained in it should be considered unreliable. This gives the Pension Fund employees the right to recalculate the pension payment, reducing it from the first day of the coming month. The overpayment that accrued during the payment of the pension will be recovered from the guilty person.

Working pensioners have been given their final pension amount

They carry on the old life

It’s unlikely that they imagined that life would play such a cruel joke on them that at the end of their days they would not only have to raise their grandchildren, but also spin around, saving every penny. They have honestly worked for decades in production, at school, and in agriculture. But the state did not offer them a decent life in old age in return for their efforts.

Article on the topic: Medicines and kefir

Money goes down the drain

“In Soviet times, teachers were respected more than they are now,” says Tver pensioner Raisa Zhdanova . “And now I tell my grandson that under no circumstances should he go to work at school.” When I finished my career, my salary was 15 thousand rubles. But teaching is hard labor!

Raisa Vasilievna is 78 years old. For half a century she worked as a German language teacher at the Glebovsky secondary school in the Rzhev district. She retired three years ago. Now the pensioner receives 18 thousand rubles.

A former teacher lives in a dilapidated house with stove heating. The worst time of the year for her is winter. A cart of firewood costs 7 thousand rubles. For the cold season you need three of these. Compensation for utility bills for a veteran of teaching labor is only 1,500 rubles. per month. So the pensioner cannot afford firewood - it turns out that her entire pension will literally go down the drain. Therefore, for the winter, her son takes her to his city.

Article on the topic

Why are pensions being reduced? 3000 rub. spends on medicines, and sometimes even on paid clinics. In state clinics, old people are often forced to content themselves with the phrase: “You are no longer 40. What do you want?” That's all the diagnosis and treatment is.

There is no meat, expensive sausages, smoked meats, overseas fruits or other delights on the woman’s menu. Chicken, cheap pollock, half a loaf of bread for two days - bread in the countryside is more expensive than in the city. With each pension he tries to replenish his supply of cereals, sugar, and canned food. As a result, he spends 5,000 rubles on groceries. per month. Saves the garden, where there is still enough strength to grow vegetables and potatoes.

The minimum set of household goods for a month is minus 500 rubles. from the budget. About 3,500 rubles, as the pensioner says, “go through our fingers”: one thing is needed, then another. The total amount of expenses is 15,000 rubles. There is no entertainment in the village. This means there is no spending on them. So another 3 thousand can be put aside for a rainy day.

Erased from life. Why is growing old scary in our country? More details

On the pasture

A resident of the Karelian village of Chalna, Nina Aleksandrovna, worked for 30 years at an enterprise that provided telephone communications to several forest villages, enterprises, and social institutions. On the eve of retirement age, it was reduced, replacing it with a computer. Over these 30-plus years of experience, Nina Aleksandrovna earned a pension of 14 thousand rubles. You have to save on everything: 2000 rubles. goes to utilities, the rest goes to food. Once a year, 10-15 thousand must be spent on firewood.

— We still have enough for everything we need, because my husband also receives a pension. We grow all the vegetables in the garden and make twists for the winter. In summer and autumn we collect mushrooms and berries in the forest and freeze them. Sometimes it is possible to sell if the year is fruitful.

Pensioners have not gone on vacation for a long time. They don’t even remember what the sea is. For some major purchase they save for a year.

Article on the topic

Where does pension money go?

And Sergei Stepanovich and Natalya Anatolyevna, at over 70 years old, are also sending “tranches of money” from Budennovsk to children in Moscow - they still won’t get back on their feet. How do two pensioners with incomes of 12 and 13 thousand rubles manage? help Muscovites? They do not go to doctors - neither paid nor free. They “prescribe” medications to themselves, spending from 500 to 1000 rubles on them. per month. They spend about 300 rubles on food. in a day.

— How many stores will you go to to find a cheap product on sale! - says Natalya Anatolyevna. - But look: there are 100 rubles. I saved, here it’s 200. We save on utilities: we spend two cubic meters of water for two. Energy-saving lamps were installed. True, in winter it still costs 7 thousand rubles for heating.

The old people eat sparingly: porridge, chicken soups, sometimes sausages. Fruits include apples and bananas; fresh vegetables are eaten only in summer. Clothes and shoes have been worn since the days when people went to work.

Article on the topic

“This is a poverty benefit.” Expert on pensions in Russia

Rest - on the porch

In Soviet times, people went to the Kola Peninsula to buy long rubles. And Viktor Golinkov was born in Murmansk, served in the army here, and lived his entire life in the Arctic.

— Today, my wife and I live together in a three-room apartment in the village of Revda; we spend almost 8 thousand rubles a month on utilities. (Utility costs in the Murmansk region are among the most expensive in the country, they eat up almost a third of the income of old people. - Ed.) But the pension is enough for us, I’m not complaining! — Viktor Pavlovich says with a smile. — Now they pay me a little over 30 thousand, before I was 80 it was under 20 thousand rubles. Then they added for old age and disability. I will soon be 82 years old, and my wife turned 80 the other day. We don’t drink vodka anymore - we don’t need it! We don’t go on vacation either—sometimes I just go out onto the porch to get some air. But a lot of money is spent on medicines: for two people it’s about 7-8 thousand a month. But we also manage to help our grandchildren!

The ability to make do with the bare minimum, denying oneself the pleasure of eating well and dressing normally, is a common way of life for our pensioners. Alas, living poorly has become the habit of a working person.

Click to enlarge

Legal regulation

All questions about cases when it is possible to withhold part of the pension, the grounds and features of the process are enshrined in law:

Law No. 400-FZ (December 28, 20013) “On insurance pensions”;
Law No. 229-FZ (02.10.07) “On enforcement proceedings”.

A pensioner can obtain detailed information by contacting the territorial office of the Pension Fund of the Russian Federation, if the recovery is made through the fund, or from the bailiff who signed the writ of execution.

If the court makes a decision, the pension recipient will receive the corresponding document.

Chili con carne - ingredients for a Mexican dish and step-by-step cooking recipes with photos
What kind of bread can you eat while losing weight?
Minimum old-age pension - conditions for assigning insurance and social insurance, calculation procedure

If the pensioner is employed

There are cases of assignment of pension payments, one of the conditions of which is the absence of official work for the pension recipient. Such payments include, in particular:

compensation for caring for disabled people;
social pension assigned upon reaching retirement age;
survivor's pension benefits. This could be a pension payment to a non-working spouse caring for the children of the deceased who have not reached the age of majority;
assigned social supplement (up to the subsistence level) to pension maintenance.

In these cases, the fact of official employment or part-time work will lead to the loss of the right to the corresponding payment and to a reduction in the total amount of pension benefits.