The military profession is associated with risks. Getting injured or disabled is not the worst of the risks. High probability of death is part of this work. These factors influence the size of pension payments to military personnel. Moreover, even if it is prescribed after reaching the appropriate age.
Along with the military, members of their families also occupy a special position. The law clearly defines the procedure for assigning and paying military pensions to family members for the loss of a breadwinner, including the circle of persons who are entitled to it. Payments may be increased by the size of the premium, depending on the specific situation. We can say for sure that this type of support for a family that has lost a breadwinner has its own characteristics.
When is a pension established?
The survivor's military pension is established for only one reason - in connection with the death of an employee. The need to assign such a payment to relatives is recognized provided:
- when the death occurred at the time of service;
- a soldier dies during the first three months after leaving service;
- if the cause of death was a wound or some illness received during the service, regardless of the duration of the course of the latter.
Pension payments are established regardless of whether the military served under a contract or draft. The difference will only be in the calculation and amount of benefits.
If a soldier’s death is proved that is not related to the above reasons, relatives can only rely on a social pension.
Who is entitled to a survivor benefit?
The loss of a breadwinner is public. That is, they are financed not from the pension fund, but directly from the budget and depend on how the soldier passed away and in what form he served (draft or contract). Legislation clearly distinguishes between those who are entitled to a pension and who are not. More on this later in the article. Military survivor pensions are granted:
- native and adopted children under the age of eighteen; the term is extended to 23 years if the children are in full-time education;
- mother and father, including adoptive parents;
- the widow of a soldier;
- in the absence of providing parents with brothers, sisters and grandchildren;
- grandmother or grandfather, in the absence of an obligation to ensure their maintenance and care under applicable law;
- to those relatives who received military service.
After the onset of disability, the pension is removed. However, in some cases it is unlimited, for example, for military children with disabilities. If, however, a spouse or relatives take care of a child under fourteen years of age, which makes it impossible to carry out labor activity, then the military pension for the loss of the bread-winner is granted regardless of age and disability.
Upon appointment, circumstances are taken into account when payments are received on a preferential basis. So, the age of the beginning of receiving pension payments for spouses and parents of the deceased military is reduced to 50 and 55 years old, respectively, for women and men. Both wives and husbands with children under eight in their care can expect a preferential payment regime. They receive a survivor's pension immediately after the death of a military man. Moreover, the receipt of payments does not depend on:
- the availability of employment opportunities;
- age
- the presence or absence of work.
The right to a military pension for the loss of a breadwinner is established only if the death of a military man has occurred:
- during the fighting;
- at the time of captivity;
- when a military man performed his duty outside the country, being in a "hot spot";
- during the performance of direct duties.
It is important for parents of military personnel to know that the death of their son (daughter) under the circumstances listed above is the basis for assigning payments for the loss of a breadwinner to everyone, regardless of whether they were dependent or not.
Where to apply to apply for payments? Possible options
To establish a military survivor pension, you can contact:
- the local branch of the pension fund, if the deceased was in the conscription service;
- Pension Fund of the Ministry of Internal Affairs, during military service under a contract.
In these instances, you can clarify the list of necessary documents for the presentation and calculation of the amounts of payments, as well as a sample application. All documentation is attached to it.
What do you need to apply for a pension?
Documents required to establish payments:
- identity document;
- document confirming the loss of a breadwinner;
- extract from the order on exclusion from the list of military personnel with an indication of the reason;
- documents that confirm the family ties of the applicant (s) with the deceased;
- evidence of being dependent on the deceased military applicant;
- evidence of caring for a child of a military man who has not reached the age of fourteen;
- confirmation of the established disability that was obtained while in the service;
- certificate of study for students;
- proof of lack of income.
Persons entitled to pension payments may apply for their determination at any time. The calculation will be made from the moment the law comes for the entire period that financial support from the state has not been appointed.
In addition, it can be noted that a number of persons are entitled to payments for the loss of a breadwinner at the same time as a social pension or insurance. This group includes:
- the parents of the deceased soldier;
- widow of a military man who did not remarry.
After collecting the necessary package of documents, they must be submitted for consideration. If an authorized person is involved in this matter, then a power of attorney must be attached to the package of securities. An identity document will also be required.
Ways to submit documents
Today, there are several ways to submit documents for consideration:
- to personally appear in the branch of the PF of the RF or PF of the Ministry of Internal Affairs;
- send documents by mail;
- submit documents through the MFC.
It is important to know that officials do not have the right to demand information that is available internally. After filing the documents, the authority responsible for determining the payments must consider them and make a decision within ten days. If it is positive, then a pension is established, its size depends on a number of factors.
The establishment of a pension, its size
The amount of payments for the loss of the breadwinner of a soldier while he is in the conscription service is:
- 200% of the minimum social allowance established at the time of the death of a person as a result of the injury;
- 150% of the size of the minimum social allowance at the time when the military died as a result of a disease received during the period of military service on conscription.
If the applicant, at the time of the application for the determination of a pension, lives in the regions of the Far North, then the payment increases by the size of the increasing coefficient. However, moving to more favorable regions removes this allowance.
If a person served under a contract, then what kind of pension is due to relatives?
When assigning a military pension for the loss of the breadwinner who served under the contract, other payment methods are used. In this case, the size of the monetary allowance of the deceased is taken as the basis, and the pension will be:
- 50% of the salary if the death came from a wound received in the course of performing direct duties;
- 40% of the salary at the onset of death due to illness received during the period of service.
As an additional measure of support, we can separately mention that the disabled people of the first group and parents over eighty years have the right to a 100% pension supplement.
Additional allowance. Who is she put to?
A premium of 32% is due:
- children with disabilities who were left without parental care, and children who lost their mother in a lonely status;
- disabled people of groups 1 and 2, whose status has been established since childhood, deprived of parental care.
The recipient of such a survivor benefit payment needs to know that it can only be received for the period of incapacity for work. After the widows reach 55 years of age, and widowers are sixty years old, a pension is granted for life.
Separately, we can say about the pension to the widows of the military, who receive a fixed allowance of one thousand rubles. Upon reaching 55 years, the widow has the right to choose either the security that was paid to the spouse in retirement, or the supplement to the pension for the loss of the breadwinner (former military). In this case, it is recommended to proceed from what is more profitable.
Types of widow pensions. What documents are needed?
So that this payment could become a military pension for the loss of the breadwinner, you must contact your local military registration and enlistment office for registration with a statement and a package of the following documents:
- identity document;
- personal file of the deceased spouse;
- recommendation;
- document proving military service by the deceased spouse.
After receiving notification of registration, you can contact the PF department to establish a widow's pension. However, it should be noted that the receipt of this type of pension is retained when remarrying, provided that it was appointed after the death of a military man and before entering into remarriage. If a widow is assigned two payments, it is important to know that one of them is charged under the RF PF. The second is an additional payment for the death of a soldier of the Ministry of Defense of the Russian Federation. True, the latter applies to all who receive two pensions.
How to receive payments? Options
The established pension can be received in various ways:
- courier delivery, which is paid separately and is made through an order in a special service;
- by Russian post, with a personal visit to the department or through targeted delivery by postal service;
- by transferring funds on bank details.
The latter method is the most reliable. To do this, it is enough to open a special bank account and provide the details to the body that transfers the pension for the loss of the breadwinner - a military pensioner.
Termination of Payments. Why can this happen?
Pensions can be lost by the family, either partially or by all members of his family. This is easier to understand by the example, when the elderly parents, spouse and two children remain in the family. In this case, payments are terminated if:
- death of parents has come;
- children have come of age and did not continue to study full-time;
- spouse went to official work.
The combination of all factors leads to the cancellation of payments in general. Reduction can occur if it happened at the same time:
- family composition has changed due to the departure of the older generation;
- the widow is not competent;
- children are in full-time education.
That is, payments are saved, but in a truncated version. Which entails a decrease in the total family budget.
Grounds for terminating payments to the widow. Which can be?
The right to a military pension for the loss of the bread-winner by children over 23 years old is lost. And if the widow remarries before assigning her payments, then she loses the opportunity to receive them.
Among the grounds for stopping the payment to a widow of a military who has not reached retirement age are:
- children reaching the age of fourteen;
- going to work with official earnings;
- in the presence of a disability group, its removal;
- death of the recipient of the pension payment.
The last paragraph applies to all applicants for such a pension in case of loss of a breadwinner. It is important to note that missing persons on the battlefield are equated with the dead. This gives their relatives the right to receive all payments and subsidies.
If the authority paying the survivor's pension makes a decision on their increment, then this happens only from the first day following the month in which it is adopted.
Illegal termination of payments. What to do in this situation?
If the pension has ceased to be received or the refusal to transfer the military widow to his pension is due to illegal reasons, then apply to the court. To do this, you must write a statement to the court at the location of the plaintiff. The lawsuit is written in the name of this authority. It indicates the full details of the plaintiff and defendant.
The essence of the problem is described in detail, with a list of all the facts proving the offense. The application lists all the documents that prove the plaintiff. The application and the package of documents are handed over to the appropriate department of the court.
Without fail, the defendant is sent a copy of the claim. This can be done by mail. Or in the form of a notification letter. The latter will serve as proof of receipt of paper. You can carry out the delivery yourself, again with the receipt of a supporting document confirming receipt of a copy of the claim.
After consideration, if the applicant’s arguments are justified, then the payment will be appointed by the court in the agreed time. All costs will be borne by the defendant. If the plaintiff paid them, the other party will be forced to reimburse them if the court takes the side of the applicant.
Little conclusion
Obtaining a military pension is a very troublesome and difficult task. However, given the size of average payments for other types of pensions, these difficulties are justified. Of course, the very fact of a person’s death is rather regrettable. However, the usual payout for the same loss of a non-serviceman is lower. Although the damage is essentially the same.
This is especially acute when there are disabled persons in the family due to disability and minor children. The needs of these categories of citizens are higher. The need for constant care makes it impossible to work even for those who can. To solve these issues, a survivor's pension is assigned.
With respect to the amounts paid, the military is distinguished by higher numbers. This is a consequence of the presence of an increased risk to life and health. The special situation of widows is also explained by the fact that, due to constant movements, women are not able to find jobs to gain the necessary experience in order to receive a decent pension.