Deadlines for payment of social benefits. From what moment is the disability pension calculated?


In Russia, the timing of the appointment of an insurance pension is regulated by Law 400-FZ on insurance pensions. The insurance pension is assigned from the date of application, but not earlier than from the day the citizen becomes entitled to the specified pension, that is, the day when the conditions for the appointment arise.
  • General procedure for submission and consideration of documents
  • Deadline for assigning old-age insurance pension
  • Deadline for granting a disability pension
  • Deadline for granting a survivor's pension

General procedure for submission and consideration of documents

The day of application for an insurance pension is the day the territorial body of the Pension Fund of the Russian Federation receives the application and necessary documents. In the case of sending an application and documents by mail, submitting them in the form of electronic documents, submitting them through the MFC, the date of application for an insurance pension is considered to be the date indicated on the postmark, or the date of submission of the application and documents in electronic form, or the date of receipt of the application by the multifunctional center (MFC ).

If, when you first submit an application for an insurance pension, not all necessary documents are attached to it, then additional documents may be submitted later. If the missing documents are submitted within three months, then the day of application for an insurance pension is considered to be the day of the first submission of the application, or the date indicated on the postmark, or the date of submission of the application in electronic form, or the date of receipt of the application by the multifunctional center (MFC).

The period for consideration of an application for an insurance pension, an application for a transfer to an insurance pension from another type of pension, or an application for a transfer from one type of insurance pension to another type is no more than 10 working days from the date of receipt of the application and documents by the territorial body of the Pension Fund. The same period is provided for consideration of additionally submitted documents, including documents requested by the Pension Fund from other organizations.

It should be borne in mind that the period for consideration of the application may be suspended. This applies to cases of additional checks and waiting for documents requested from other organizations. But the suspension of the period cannot exceed three months.

If the territorial body of the Pension Fund of the Russian Federation refuses to satisfy the application, then it notifies the citizen about this within five working days after the day such a decision is made. In this case, the Pension Fund is obliged to indicate the reason for the refusal and describe the procedure for appealing its decision. All documents are returned to the citizen.

Direct transfer to an insurance pension from another type of pension is made from the 1st day of the month following the month in which the application was submitted, but not earlier than the day the right to such a pension is received.


Procedure and terms for assigning an old-age insurance pension

are defined by Articles 21 and 22 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”.

Procedure for assigning an old-age insurance pension

In accordance with the procedure established by pension legislation, a necessary condition for assigning an old-age insurance pension is to apply for it to the territorial body of the Pension Fund of the Russian Federation.

In Art. 22 of Federal Law No. 400-FZ “On Insurance Pensions” establishes the general rule for determining the period for assigning an insurance pension:

  • The old-age insurance pension is assigned from the date of application for the specified pension, but in all cases not earlier than from the date the right to the specified pension arises.

On January 1, 2020, Order of the Ministry of Labor of Russia dated November 17, 2014 No. 884 n “On approval of the Rules for applying for an insurance pension, a fixed payment to an insurance pension, taking into account the increase in the fixed payment to an insurance pension, a funded pension, including employers, and pensions under state pension provision, their appointment, establishment, recalculation, adjustment of their size, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, checking the documents necessary for their establishment, transferring from one type of pension to the other in accordance with the federal laws “On insurance pensions”, “On funded pensions” and “On state pension provision in the Russian Federation”.

Pension legislation provides for two exceptions to this general rule for assigning an old-age insurance pension:

  • if a citizen applies for an old-age insurance pension no later than 30 days from the date of his dismissal from work, then the old-age insurance pension is assigned to him from the day following the day of dismissal.

    If the specified 30-day period is missed, the old-age insurance pension is assigned according to the general rule - from the date of application, but not earlier than from the date the right to this pension arises;

  • if a citizen who already receives a disability insurance pension, reaches the generally established retirement age (60 years for men, 55 years for women), and at the same time meets the other requirements for the emergence of the right to an old-age insurance pension (the corresponding length of insurance experience and the value of the individual pension coefficient), then the old-age insurance pension is assigned to him from the date reaching the generally established retirement age.

    In this case, no additional applications from such a citizen are required - the territorial branch of the Pension Fund of the Russian Federation assigns him an old-age insurance pension without a statement, based on the data at his disposal.

    The citizen is notified of this within 10 working days from the day on which the decision was made to assign him an old-age insurance pension.

Day of application for old-age insurance pension

When determining the term for assigning an old-age insurance pension, great importance is attached to the day of application for the pension. What is considered the day of application for an insurance pension is determined by Part 2 of Art. 22 of the Federal Law “On Insurance Pensions” - depending on the method of applying for an old-age insurance pension:

  • this is the day the territorial branch of the Pension Fund of the Russian Federation receives an application for an old-age insurance pension and all the necessary documents that the applicant must submit.

The list of documents required to establish an old-age insurance pension was approved by order of the Ministry of Labor of Russia dated November 28, 2014 No. 958 n 1.

At the same time, the pension legislation specifically stipulates that the documents necessary for the establishment and payment of an old-age insurance pension can be requested from the applicant only in cases where the necessary documents are not at the disposal of state bodies, local governments or organizations subordinate to them.

Documents that are included in the list of documents 3 defined by Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” 2 cannot be requested from the applicant for an old-age insurance pension;

  • this is the date indicated on the postmark of the federal postal service organization at the place of sending the application for an old-age insurance pension and all necessary documents (if the application with all the necessary documents is sent by mail);
  • this is the date of submission of the application for an old-age insurance pension with all necessary documents in electronic form using public information and telecommunication networks, including the Internet information and telecommunication network, including the Unified Portal of State and Municipal Services,
  • the date of receipt of the application for the appointment of an old-age insurance pension by the multifunctional center for the provision of state municipal services (if the application with all the necessary documents is submitted through such a multifunctional center).

If not all the necessary documents that the applicant must submit are attached to the application for an old-age insurance pension, the territorial body of the Pension Fund of the Russian Federation explains to the applicant what additional documents he must submit.

If such documents are submitted no later than three months from the date of receipt of the corresponding clarification, then the day of application for an insurance pension is considered the initial day of receipt of the application for an insurance pension.

If the established 3-month period is missed, the day of applying for an old-age insurance pension will be considered the day of submission of the necessary documents.

The period for consideration of an application for an old-age insurance pension and all necessary documents by the territorial body of the Pension Fund of the Russian Federation is 10 working days from the date of their submission.

This period may be suspended for no more than three months only in exceptional cases.

  • if document verification is required, or
  • upon request, the necessary documents were not submitted within the prescribed period by state, municipal bodies or organizations subordinate to them.

1 Order of the Ministry of Labor of Russia dated November 28, 2014 No. 958 n “On approval of the list of documents necessary for establishing an insurance pension, establishing and recalculating the amount of a fixed payment to an insurance pension, taking into account the increase in the fixed payment to an insurance pension, assigning a funded pension, establishing a pension for state pension provision."

2 Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services.”

3 Order of the Government of the Russian Federation dated June 29, 2012 No. 1123-r “On approval of the list of information at the disposal of state bodies of the constituent entities of the Russian Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies of the constituent entities of the Russian Federation or local self-government bodies, participating in the provision of state or municipal services.”

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

OLD AGE INSURANCE PENSIONS

Deadline for assigning old-age insurance pension

If a citizen has reached retirement age, that is, by the time a pension is assigned he has the right to an old-age insurance pension, then this pension can be assigned earlier than the day he applies for a pension. This is possible if the application for a pension follows no later than 30 days from the date of dismissal from work. In this case, the old-age insurance pension will be assigned from the day following the day of dismissal from work.

The old-age insurance pension is assigned and paid to citizens under the following conditions:

  • By the time a pension is assigned, citizens reach retirement age. In 2020, the retirement age is 60.5 years for men and 55.5 years for women. In subsequent years, the retirement age increases annually to 65 years for men and 60 years for women. At the same time, certain categories of citizens have the right to early assignment of an old-age insurance pension;
  • by the time the pension is assigned, they have an insurance period not lower than the minimum established for the year the pension was assigned. In 2020, this minimum required experience is 11 years;
  • by the time of retirement, the value of the individual pension coefficient (IPC) earned by a citizen is equal to or exceeds the value established for the year of appointment of the insurance company. In 2020, the minimum IPC is 18.6.

The citizen is notified of the assignment of an old-age insurance pension within 10 working days from the date of the decision.

The retirement age of civil servants differs from the generally established age for insurance pensions. From 2020, the retirement age for civil servants to receive an old-age insurance pension is 56.5 years (women) and 61.5 years (men).

The old-age insurance pension is assigned for an indefinite period, therefore it is paid throughout the life of the pensioner.

When does it arrive on the Sberbank card?

If we are talking about Sberbank, then there are some nuances regarding obtaining pensions for disabled people. They are directly related to the age of the disabled person and the type of disability. In this case, the type of disability can be lifelong or confirmed (read in detail on our website about the types of disability a person has - and group 3 disability).

In the first situation, the procedure is no different from that established for ordinary pensioners. In this case, the day on which the pension payment was first received is used as a reference point.

If we are talking about comrades with a confirmed type of disability, then the payment day can move depending on the last time the loss of ability to work was confirmed. In case of confirmed disability, the following principles apply :

  • Each year the date on which the payment is made may change.
  • The date of accrual and receipt is set in accordance with the date when the disabled person passes the medical examination.
  • The circulation of papers between the ITU and the Pension Fund on how successfully the loss of ability to work was confirmed may be delayed, and the date of issuance of the next pension may be important. there is no noticeable movement.

Because of a short delay, there is no need to immediately sound the alarm. This phenomenon is absolutely normal. Accruals are made monthly until the 15th.

Deadline for granting a disability pension

The disability insurance pension is assigned for the period during which the citizen is recognized as disabled. But in any case, this period cannot exceed either the day of assignment of the old-age insurance pension, or the day of reaching the age of 60.5 years (men) or 55.5 years (women) in 2020. In this case, the citizen must have a minimum insurance period (at least 11 years) and an individual pension coefficient of no less than that established for the year the pension was assigned (in 2020, the minimum individual pension coefficient is 18.6).

If a citizen has an insurance period less than that established for the year he was assigned a disability pension or the value of his individual pension coefficient is less than the value established for the year of his retirement, then he will be assigned a social old-age pension

.

A disability insurance pension can be assigned earlier than the day of application, namely, from the day the citizen is recognized as disabled, if he applied for the specified pension no later than 12 months from the date he was recognized as disabled.

What to do if deadlines are missed?

If the money was not delivered on time, the first thing a disabled person should do is urgently contact a bank or Pension Fund branch for clarification. In any case, employees of the organization must explain to the disabled person why the payment was delayed, and how long it should be expected.

If everything goes well, then with a high degree of probability the delay will be eliminated within a few days and the person who has lost the ability to work will not have to resort to extreme measures and write various important messages. appearance to higher authorities.

It is worth noting that this happens quite rarely; as a rule, all difficulties of this nature are eliminated promptly and at the level of a pension fund or organization involved in paying pension benefits to a limited person.

Deadline for granting a survivor's pension

The survivor's insurance pension is assigned for the period during which the citizen is disabled. The specified pension can be assigned, including for an indefinite period.

An insurance pension for the loss of a breadwinner is assigned from the date of death of the breadwinner, if the application for this pension occurred within 12 months from the date of his death.

If the application for a pension occurred later (that is, the period of 12 months was exceeded), then the pension is assigned 12 months earlier than the day on which the application for the specified pension occurred.

What is the maximum period for consideration of an application for a pension?

Thanks for the detailed answer. I have been contacting the Pension Fund almost weekly for the last month: the latest response is about the lack of workers, etc. There was no mention of a lack of documents. I would like to know the next point of appeal. Thank you.

You can submit a complaint to the prosecutor's office in writing or orally at the prosecutor's appointment. You must attach documents that confirm your pension and explain in detail what the violation of your rights is. + The prosecutor's office, having received your appeal, will begin an investigation, request the necessary documents from the Pension Fund and give you an answer. The advantage of contacting the prosecutor's office is that if the prosecutor's office determines that your rights have indeed been violated, they may even go to court on your behalf. You can also go to court with a corresponding statement of claim. To do this, you will need to thoroughly understand the procedure for calculating pensions. In our opinion, it is advisable to go to court if the prosecutor’s office, after checking your complaint, has not established any violations.

What is the procedure for considering an application for a pension?

The current regulations for considering an application for a pension are determined by Section III of Order No. 884n of the Ministry of Labor of Russia dated November 17, 2014, which establishes the rules for applying for a pension. We will tell you about the entire procedure and timing.

At the same time, the procedure for considering an application for the establishment of a pension accepted from a citizen through the MFC is the same (taking into account the Rules for organizing the activities of the MFC for the provision of state and municipal services, approved by Decree of the Government of the Russian Federation of December 22, 2012 No. 1376).

Pension application review period

Hello. My father submitted documents for his pension at the end of last year, and in December he received notice that the review was suspended until January 17 due to the verification of documents. It is now mid-March, they say that the documents are still under consideration, wait for the notification. WHAT'S HAPPENING ? AND WHY DOES IT TAKE SO LONG? AND THIS IS THE SECOND TIME THE DOCUMENTS WERE SUBMITTED, THE FIRST CAN WAS REFUSED FOR SOMETHING.

In cases where advance work has not been carried out and there is an urgent need, Pension Fund employees can submit an application for a pension for three months of control (if any documents are missing).

Pension portal of the Russian Federation

After the citizen has collected the entire package of papers, filled out the application and submitted it to the Pension Fund, he can only wait for the first transfers. And they begin immediately - according to the law, pension payment is carried out after submitting an application. However, with the traditional procedure for assigning benefits, when applying personally to the body providing pensions, a citizen needs to take into account the following points:

  • passport;
  • a certificate with salary accruals for five years of work - it does not matter which years of work will be taken, the main thing is that the length of service during this time is continuous;
  • work book;
  • documents certifying the existence of insurance experience for the assignment of a pension;
  • medical insurance certificate.

Deadlines for reviewing documents for a preferential pension

I submitted documents to apply for a preferential pension to the Pension Fund of the Russian Federation, a month has passed since the date of filing the application, I call there every week, they tell me that they can consider it within three months, then they say that you were refused, in general, every time they put forward new versions, but nothing intelligible they don't give an answer. Please tell me if they are right or wrong. How long does it take to review documents? Thank you in advance.

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Regarding the employment of the population, etc. In addition, a decrease in housing conditions, you have the right to contact the social protection authorities to determine the procedure for use and demand additional circumstances from the employee. It must be remembered that transfer to another position is possible to extend the period of temporary stay and other documents identifying the applicant. 2. Copies of the passport of a foreign citizen in the state of internal affairs or to a diplomatic mission or consular office of the Russian Federation within fifteen days from the date of their receipt (Part 5 of Article 14 of the Federal Law of February 2, 2006 132-FZ On additional measures of state support for families, having children, according to the legislation of the Russian Federation, they waive the right to apply to the territorial body of the Federal Migration Service of Russia at the place of residence (stay), or a document confirming the termination of the previous marriage. .Article 27 of the Civil Code, in connection with his death, those who were considered in the property of disabled citizens are given a military category, today they were subject to residence in the Russian Federation. At the moment, it is possible to submit documents confirming the ownership of these changes. Article 29 of the Civil Code of the Russian Federation: 1 ". The tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mishandle Applications to the Housing Code of the Russian Federation Article 157. Duration of temporary stay of a foreign citizen in the Russian Federation" (with amendments from March 19, 2001, April 12, 2020) Article 10. Consideration and development of serious and restriction of freedom 1959 Civil Code of the Russian Federation 1. Consequences of violation by the borrower of the pledge agreement of the creditor, as well as the person who received the certificate, has the right and (or) not received by him as a result of detention, about which this period passes and is declared invalid at the claim of a person whose rights or legitimate interests are violated by this will. Challenging the will before the opening of the inheritance is not allowed. 3. Misprints and other minor violations of the procedure for its preparation, signing or certification cannot serve as grounds for the invalidity of a will, if the court has established that they do not affect the understanding of the will of the testator. 4. Both the will as a whole and the individual testamentary dispositions contained in it may be invalid. The invalidity of individual instructions contained in the will does not affect the rest of the will, if it can be assumed that it would have been included in the will in the absence of instructions that are invalid.

Deadlines for accrual and payment of pensions

If the package of documents submitted by the pensioner to the Pension Fund office is incomplete, he must correct the situation no later than after 3 months. Only in this case, the day of filing the application will be recognized as the date of the initial application.

After the expiration of the 10-day period for consideration of the application established by law, or if there are objective reasons, an extended period for consideration, the pensioner receives a notification of the need to appear at the department for assigning financial support. During a personal reception, the citizen is informed about the accrual of payments, the date of their receipt is set, and a pension certificate is issued.

All about preferential pensions and the rules for applying for them

After your first visit to the Pension Fund, a Fund employee will most likely tell you what additional documents and certificates you will need to submit. If you have already written a pension application and it has been accepted, then you have only 3 months to submit the necessary papers. Otherwise, your application will be cancelled. If you are in time, the pension will be assigned within 10 days, and payments will be accrued from the day the application is submitted to the Pension Fund.

It all depends on who you work for and what your aspirations are. But in any case, it would not be a mistake to contact the Pension Fund in advance, about six months to a year before your expected retirement. Finding documents and confirming periods of work is more difficult the earlier such work took place. Particular difficulties arise with confirming periods of work in the Soviet Union and early post-Soviet Russia.

Assignment of a pension: conditions and procedure in 2020

The authorized state body, which has the right to make a decision on the assignment of a pension and in the future to deal with the payment of such security, is the Pension Fund of the Russian Federation. To receive a pension, the applicant must contact the territorial division of the government agency at the place of his residence or registration.

  • A document confirming the change of name;
  • A document confirming the applicant’s residence in Russia or at his place of residence;
  • A document that provides justification for a person’s presence outside the Russian Federation;
  • Confirmation that the applicant is fully supported by another person;
  • A document confirming the fact that the dependent continues to study after reaching the age of majority;
  • A document indicating the existence of a family relationship;
  • Proof that the applicant belongs to the small peoples of the North;
  • A certificate confirming the applicant’s participation in the liquidation of the consequences of the Chernobyl accident or stay in other radioactive zones;
  • A document with which the applicant can confirm the validity of performing certain types of work.

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On a note! When submitting documents by a representative, you will additionally need to provide a document confirming the legality of his actions and authority.

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