Pensioners will prove that they do not receive income

A pension is an important payment for every person. It can be issued upon reaching a certain age, registration of a disability group, or for other reasons. If an insurance pension is issued based on length of service, the procedure is carried out only after the person reaches the required age. He must have the optimal number of pension points and minimum length of service. But often citizens, when applying to the Pension Fund, are faced with the fact that this payment is calculated incorrectly for them. Therefore, the question arises of where to go if your pension was calculated incorrectly. To do this, you can write to the management of the PF or even file a claim against the employees of this institution.

Why is the payment calculated incorrectly?

If PF employees incorrectly calculated their pension, this leads to the fact that the citizen is forced to receive a low payment that does not correspond to his length of service and average income. Therefore, a person must understand the rules for calculating pensions in order to ensure that they are calculated correctly by PF representatives.

Most often, errors in calculating this payment are due to the following reasons:

• PF employees deliberately reduce pension amounts in order to reduce the financial burden on the fund;
• calculations are carried out by employees who do not have the necessary education and experience, so they make mathematical errors;
• Some years when a citizen worked in a company are not taken into account, since it is not possible to obtain information about this company due to its closure.

The above errors are a violation on the part of PF employees, therefore citizens have every right to file complaints or lawsuits in court. Based on such statements, the incorrectly accrued pension is recalculated.

Unfavorable period

According to the latest changes in the pension system, the most profitable period of the employee’s entire working experience should be used to calculate final accruals. It must be 60 months. It is extremely rare for an ordinary person to have complete data on salary and deductions for his entire work experience of 30, and sometimes 45 years. Records like this are very rare. Therefore, Pension Fund employees can freely choose any period. These will definitely be the least profitable months.

This pension fraud scheme also includes a situation in which calculations are carefully hidden from the recipient of social benefits. Employees, according to unofficial instructions, may refer to the fact that this data is strictly confidential and cannot be disclosed. They also sometimes offer to check the accuracy of their calculations using virtual calculators on the official website of the government department. However, this is illegal, and the calculator works using the same deceptive algorithms.

Where can I file a complaint?

Initially, you should decide where to complain if your pension was calculated incorrectly. You can make official statements to various government agencies. Each organization promptly considers such complaints. Where to go if your pension was calculated incorrectly? A complaint can be submitted to the following authorities:

• Initially, you need to write a statement to the Pension Fund, which indicates the need for recalculation, and if within 5 days an error is not identified or there is a negative response to such a statement, then more serious measures will have to be taken;
• a complaint is submitted to the head of a specific branch of the Pension Fund, and documentation received from the fund employee, as well as evidence of incorrect calculations, is attached to it;
• a citizen applies to the prosecutor's office with a complaint because human rights are being violated by PF employees;
• an application is drawn up and sent to Rospotrebnadzor, since it is this organization that allows you to protect the rights of clients of various public or private institutions;
• a statement of claim is formed, on the basis of which all documents are studied, and a separate calculation is carried out to identify an error, and if it is actually discovered, the court obliges PF specialists to recalculate, correctly calculate the payment, and also transfer compensation to the citizen.

If the case goes to court, then all legal costs will be covered by the Pension Fund, but only if the citizen can really prove that the calculations by the specialists were made incorrectly.

Contributions to NPF

In recent years, non-state funds that provide payments to people of retirement age have been in demand. When choosing such an organization, it is important to take into account its reputation and level of trust on the part of pensioners. The number of non-state pension funds in Russia is about a hundred, which complicates the choice. With such diversity, it is difficult to decide on a suitable organization.

To attract clients, many non-state pension funds set a high rate, reaching 13% per year. People believe in promises and hope for increased capital. But it often happens that organizations deceive clients. A common situation is the recognition of insolvency (insolvency) of a non-state pension fund. As a rule, bankruptcy is fictitious. The organization collects money from citizens, and at a certain point disappears. There are also other situations where the final amount of payments turned out to be significantly lower than expected.

Another common deception scheme is. The pension fund, without approval, sends the funded part of the pension provision to a non-state pension fund. Pension Fund employees explain their actions by caring for clients and a large percentage of accruals. Many people are lazy to resolve the issue and leave everything unchanged. In practice, such a transfer is easy to cancel, but you will have to try hard to do it.

Recalculation methods

Initially, it is important to figure out whether the pension was actually accrued incorrectly. How to return funds for the entire time when a citizen received a smaller payment than expected? To do this, the correct calculation is initially made. It can be done in different ways:

• independent calculation using the appropriate formula or a special online calculator located on the PF website or other sites on the Internet;
• contacting another employee of the Pension Fund, for which an official statement is drawn up with a request to recalculate, and the process must be completed within 5 days, and if an error is actually identified in past calculations, then the specialists of this fund are obliged to pay the due funds from the next month;
• drawing up an application addressed to the head of the PF department.

If PF employees do not identify any discrepancies, a written refusal will be received. The most reliable information can be obtained only after an independent calculation, since the citizen can be confident in the correctness of the manipulations performed.

Verifying the correctness of military pension calculations

Military pensioners: military personnel, employees of the Ministry of Internal Affairs, the Russian National Guard, and other law enforcement agencies, from October 1, 2020, pensions were indexed by 6.3%. It is logical to expect that the same thing will happen in 2020, but this is not a fact.

Before looking for an error in the calculations of indexation of pension benefits, you need to take into account the changes in the current year. The fact is that the State Duma adopted a law freezing pension increases until 2021. The standard for accrual of 73.68% will remain until 01/01/2021.

The explanations to the law state that an annual increase in allowances by the amount of inflation of 3% can occur from October 1, 2020. Errors of other kinds can be checked using one of the methods discussed above.

Self-recalculation rules

Many pensioners are wondering what to do if they calculated their pension incorrectly. To do this, it is necessary to officially verify that the payment received is indeed less than required by law. For this purpose, an independent recalculation is performed. The procedure is divided into the following stages:

• Initially, you need to obtain a certificate containing information about the status of your personal account in the Pension Fund, and the process can be completed when visiting a branch of this institution or on the organization’s website;
• a formula is studied that allows for recalculation;
• the necessary indicators for calculation are substituted into the formula;
• it is taken into account that for each year of work before 1991 an additional one percent is accrued per year of experience, but the total amount of the bonus cannot be more than 75%;
• for the years after 2002, the indexation percentage should be taken into account;
• The pension coefficient is determined, and the number of points available is calculated.

If the pensioner has a certificate from the pension fund in hand, then actually making the calculation will not be difficult. If it turns out that a person receives a smaller payment than required by law, then he should know what to do if the pension was calculated incorrectly. Using various methods, you can ensure that you receive the payment required by law.

Normative basis for contestation

This length of service must be at the time the citizen reaches retirement age. The insurance period includes all periods of a citizen’s work for which the employer paid social and pension contributions. The periods of caring for each child under 1.5 years of age are also counted, but the total amount of such experience should not be more than 6 years.

The main problem of disputes with the Pension Fund Administration is precisely the incorrect calculation of the insurance period. Specialists do not take into account all certificates, due to their improper execution or incorrect information about the organization. Incorrect coefficients may be used when calculating the minimum pension and allowances for long service and for working under hazardous working conditions. When calculating pension coefficients, allowances for caring for each child are taken into account. A pensioner is entitled to:

• — 1.8 – for 1 year for the first child;
• – 3.6 – for 1 year for the 2nd child;
• – 5.4 – for 1 year of caring for the 3rd child.

You can appeal the payment amount on various grounds. The Pension Fund may not correctly indicate the coefficients, as well as calculate the required payments for caring for a disabled child. When resolving a dispute related to the calculation of supplements and payments, the argument should be based on federal legislation that provides for the procedure for calculating additional payments to pensions. To calculate its size, you should also take into account the amount of wages in relation to the average wage in Russia. The final calculations are carried out by the Pension Fund. All calculations can be displayed in the form of help or email.

Rules for using the online calculator

Directly on the PF website and other resources on the Internet there is a special online calculator that allows you to quickly and easily determine the optimal pension amount. To obtain the necessary information, you only need to enter reliable information in a special form, represented by length of service, number of points and other parameters.

The calculation is made promptly, and the information received is correct and up-to-date. The process can be carried out not only after the pension is calculated, but also before going on vacation to understand whether it is advisable to continue working or whether the citizen can retire.

Results

Taking into account the above, the conclusion suggests itself that the Pension Fund has at its disposal many tools that allow it to fraudulently reduce the amount of payments to pensioners. The task of representatives of this category is to carefully consider the calculation of payments and not to trust the actions of Pension Fund employees. The best solution is to request a full recalculation of the pension payment, and compare the obtained parameters with real work data. Special attention should be paid to length of service and the correct calculation of coefficients. It’s a good idea to register on the State Services Internet platform and make sure the accruals are correct through your personal account.

Specifics of applying to the Pension Fund

If discrepancies are identified, a complaint about an incorrectly accrued pension is initially filed with the Pension Fund. The rules for applying to this institution include:

• an initial application is generated, on the basis of which the citizen requests a recalculation;
• this document is transferred to the PF employee responsible for calculating the pension;
• You must have with you not only this application, but also SNILS with your passport.

Recalculation is completed within 5 days. If the answer is still negative, then a second application is drawn up addressed to the head of the PF branch. If a pensioner cannot, for various reasons, independently visit the Pension Fund branch, then he can use the help of a trusted person who has a power of attorney certified by a notary.

Trial

To clarify the positions of the parties, the judge may schedule a preliminary hearing, at which the parties to the trial can exchange arguments and evidence. It is important for the plaintiff to convince the court that the Pension Fund’s calculations are erroneous. This is not always easy to do, since the legislation is quite confusing and at the time of filing the application, the plaintiff may not take into account certain nuances. When resolving a case on its merits, it is necessary to refer to the current legislation. In his decision, the judge can refer not only to laws, but also to judicial acts - Resolutions of the Plenums of the Armed Forces of the Russian Federation and Determinations of the Constitutional Court of Russia.

Shortcomings in determining the amount of a pension may be based on various legislative nuances and depend on the circumstances of a particular case. If the decision was not made in favor of the plaintiff, then it can be appealed to higher authorities. It is important to comply with the procedural deadlines for appeal, and if they are missed, to prove the validity of the reasons for the untimely appeal to the appellate, cassation or supervisory authority. Proceedings of this nature are complex and require assistance from a competent lawyer.

How to file a complaint?

Many pensioners are faced with incorrectly accrued pensions. How to deal with such a situation? For this purpose, a complaint is filed with the Pension Fund department. The application must contain the following information:

• name of the state organization;
• her address;
• information about the applicant provided by his full name, residential address and contact telephone number;
• it is indicated that PF employees incorrectly calculated the pension, thereby infringing on the rights and interests of the applicant;
• the citizen's requirements are presented, represented by the need to recalculate and accrue the correct amount of pension;
• the documents attached to this application are listed;
• The date of drawing up the application and the signature of the citizen are placed at the end.

The application is drawn up in two copies, since one document is handed over to the PF employee, and the other is marked with acceptance.

What to do if you don’t agree with the accrued pension

rzd, I didn’t really understand your question. Are we talking about the same child or different ones? Was care provided for the same child from birth or for one child from birth for 1.5 years, and for another - from some other moment? And in what sense is this disadvantageous? Which option do you think could be more profitable? As far as I know, if caring for a disabled child has been officially registered, then it is simply included in the length of service along with other periods of work or non-insurance periods. If this care was provided from birth, then most likely you can replace 1.5 years of this period with points for caring for a child up to one and a half years old - you write about this, the number of points depends on the birth order of this child. As far as I know, no other points are added for caring specifically for a disabled child. Unless the mother of a disabled child, if she raised him until he was 8 years old, has the right to retire at 50 years old. But at the same time, the size of the pension will be calculated as for all early workers, with an increase in the period of “survival” (disgusting term), i.e. The pension amount will be less than if you retire at the usual time.

This is interesting: What does the title Veteran of Ak Alrosa give?

I’ll write more, in case it comes in handy. For this mother, if she has not applied for a pension within the period when she received the right to it (in this case, from the age of 50) or refuses it for some period of more than a year, according to the current law, the size of the pension should be increased in the same way, as for those people who retire later than the established period. Only the coefficients for increasing pensions for early workers are lower.

Contacting the prosecutor's office and Rospotrebnadzor

Where to go if your pension was calculated incorrectly? If PF employees refuse to recalculate, then complaints are filed with the prosecutor’s office and Rospotrebnadzor. To do this, you can use the free application form. The name of the organization to which the citizen is applying is indicated, as well as the reasons for filing such a complaint.

Based on these statements, employees of the organizations conduct an inspection. If it really turns out that PF specialists incorrectly calculated the payment, then they will be held accountable. Additionally, they will be required to correctly determine the pension.

I Don’t Agree With the Accrued Pension Where to Apply

EXPERIENCE COEFFICIENT AND EARNING RATIO To do this, first determine the experience coefficient (SC). SC = 0.55 (for 20 full years of work with a woman before 2002) + 0.04 (0.01 each for 4 years of Konovalova’s work over 20 years) = 0.59. Now let’s determine the ratio of the average monthly salary of a reader to the average salary in the country for the same period. According to statistics, the average salary (salary) in Russia for 2000-2001. was 1494.50 rubles. Then it turns out that the ratio of earnings (ZR) to the average salary in the country (ZP) for the same period is: ZR: ZP = 2142.30 rubles: 1494.50 rubles. = 1.43.

INCREASE FROM ACCRUED CONTRIBUTIONS To calculate it, the insurance contributions accrued to the employee from January 1, 2002 until the date of assignment of the pension must be divided by the number of months of the expected period of pension payment (T). The size of T depends on the year the labor pension was assigned. For the purpose of pensions in 2014, it is set at 228 months. From the letter we know that the amount of the reader’s insurance contributions as of the date of her pension was 496,740 rubles. SCH2 = 496,740 rubles: 228 months. = 2178.68 rub.

Features of going to court

Every pensioner should know where to send a request if their pension was calculated incorrectly. Contacting the Pension Fund is the first step, which in practice rarely gives the desired result. Often recalculation is carried out after filing an application with the prosecutor’s office and Rospotrebnadzor. But most often citizens have to go to court.

The court will certainly force a qualified and independent specialist to make a calculation in order to obtain information about what pension the pensioner should actually receive. If discrepancies are identified with the payment that is transferred to the plaintiff from the Pension Fund, then the employees of this body will be forced to recalculate. Additionally, compensation will be accrued for all the time when the pensioner received an incorrect payment.

If the recalculation shows that the PF specialists correctly determined the amount of the pension, then the claims will not be satisfied. In this case, the plaintiff will have to bear the legal costs.

Reason 1: delay

Delayed payments, alas, are increasingly upsetting pensioners. Basically, it happens on the bank's side. But this does not exclude a delay on the part of the Pension Fund.

In any case, you need to contact the financial institution or pension fund and clarify why the pension payment did not arrive. First, you need to call the Pension Fund and check whether the payment went through. If the answer is yes, you must contact the financial institution.

You should ask your bank for a statement of transactions on your bank account so that you have written confirmation of the delay, if any.

Rules for filing a claim

The nuances of filing a claim include:

• This application is submitted to the court only if the PF employees give a negative response to the previously filed complaint;
• it is important to attach documents to the claim confirming that the plaintiff is right;
• It is advisable to use the help of lawyers;
• if the court accepts the claims, then not only will the pension be increased, but compensation will also be paid, and legal costs will be covered from the funds of the fund;
• when drawing up a claim, indicate the full name, date of birth and registration address of the citizen;
• you must apply to the court at the place of residence of the plaintiff;
• the statement clearly states the essence of the problem that has arisen;
• As a claim, you can indicate not only the need to correctly calculate the pension, but also to pay compensation to the citizen.

You can get help in filing a claim from a lawyer.

How to challenge the amount of a pension

You can defend your right to both an insurance and a labor pension in court. Before going to court, the plaintiff must study the regulatory framework governing pension legislation. It is quite labor-intensive and cannot always be examined without the help of a competent specialist.

In exceptional cases, if it is necessary to request additional documents, the period may be extended by another 30 days. A decision on a citizen’s issue must be motivated. If the Pension Fund believes that the calculations were carried out correctly, then it has the right to issue a reasoned refusal. It is possible to recommend providing other documents - confirming the pensioner’s work experience, preferential accrual of pension points and calculation of length of service.

If you do not agree with the pension amount

When assessing pension rights as of January 1, 2002, the ratio of the average monthly salary of a citizen to the average monthly salary in the country for the corresponding period is not more than 1.2 and the length of service coefficient is not more than 0.75, which corresponds to the length of service calculated in calendar order for men 45 years old.

The press service of the Pension Fund branch for the Kursk region answers: “In accordance with current legislation, the assessment of pension rights for periods of work before January 1, 2002 is carried out based on the average monthly salary and length of service. For periods of work after January 1, 2002, the amount of the pension depends on the amount of insurance contributions paid by the employer for the insured person to the budget of the Pension Fund of the Russian Federation. The higher the amount of insurance premiums, which directly depends on the amount of earnings, the higher the size of the insurance part of the labor pension.

Subject: They did not provide a full calculation of my pension

At 61, she is already working due to old age. Disability is somehow taken into account in it. I can not say exactly. When disability is granted before retirement age, for example, at 56 years old for a man, a social pension is assigned. And when retirement age comes, it is recalculated into an old-age labor pension.

Or maybe Putin misspoke? After all, I spent half a day and got tired in the evening. I heard this figure in his answer to a question, and he mentioned the word “social”. Most likely he doesn’t know that we have different pensions: social and labor in old age.

10 Jun 2020 lawurist7 562
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I do not agree with the accrued pension

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