to Clarify – we are talking about money that honest employers deduct Pension Fund for its employees.
not all of our citizens know that by law if the person died before the well-deserved retirement, his next-of-kin can obtain his pension. Immediate family member refers to children, spouse and parents, siblings, grandparents and grandchildren.
To the FIU told what innovations are waiting to receive a pension on the Bank card
says it All spelled out in paragraph 12 of article 9 of the Law “On labour pensions in the Russian Federation”.
by the Way, to pension savings may other citizens, immediate relatives are not. But this is possible only if the testator would write about it in the statement.
Our story began with a tragedy in the Kemerovo region.
There on one of the local businesses died a man. He was a husband and father of two children. His widow, after the death of her husband had a very hard. First, the woman was issued a pension for loss of breadwinner, then sued the company for compensation for moral damage, which, without court, the company was not going to pay. These exhausting and long, the courts have gone not months, but years. And then the woman took care of the children, the debts of the deceased… And only eight years after the disaster quite by accident, our heroine found out that it has the right and even on the pension savings of her husband.
But it turned out that the claim to the pension money of her husband, a woman under the law could only for six months. But the deadline passed long ago. Knowing people advised her to try to recover the lost time. Then the widow tried in court to recover the lost time.
in fact, according to the law Pensionth Fund is required to send notification if he has information about the successors of the person who received the “white” salary, his employer deducted money for future retirement, but the employee before her did not survive. But such strict adherence to the rules, if it happens very rarely.
the Pension Fund is obliged to send out notices, if you know about the successors of the deceased
In court, the plaintiff said that the late timing was because she knew nothing about the possibility to obtain the pension money of the deceased husband. A Pension Fund it had not reported. These circumstances the plaintiff considered valid reasons for missing the deadline to submit their claims.
the First instance with these arguments the citizen agreed and went to meet her. Time woman court reinstated. The district court in its judgment recorded the following – a woman does not have special legal knowledge, and the death of a spouse was very stressful for her. And the argument the district court added that immediately after the funeral, the plaintiff had to sue for moral damages and to understand the circumstances of the accident, struggle to provide housing.
the Supreme court has clarified when an employee can’t be fired for absenteeism
in addition to this very simple problem, it sued the Bank because of a loan her husband, for which she was the guarantor.
But with the opinion of the district colleagues disagreed Kemerovo regional court. He, the plaintiff refused. The logic of regional judges, the man was not asked to reallocate their retirement savings. Well, a Pension Fund in this situation has to do with it, he had no information if he has any heirs.
From all the above, the appeal does SLEBUSY conclusion – no way to say that the Pension Fund has not fulfilled the obligation to notify the widow and the guilt of the pension office that the citizen knew nothing – not.
it seems a reasonable argument to the district court that the woman had no legal knowledge, the appeal said that ignorance of the law cannot be considered a valid reason for missing the deadline. Because the widow is as competent and could read the relevant laws, especially since all of these documents are, and are in the public domain.
it is Clear that the loser of the court, and the widow is the decision of the local judges did not suit and she has appealed the verdict of the regional court in the Supreme court of the Russian Federation.
There her civil case examined arguments of the widow carefully checked and sided with the plaintiff. Judicial Board on civil cases of the Supreme court pointed to the guilt in the current situation of the Pension Fund, which did not notify the citizen of her right to pension savings spouse.
the High court said that the Pension Fund knew: the successor of the deceased employee has. And judges of the Supreme court, based on the materials of the dispute, can easily prove this assertion.
After all, they have a widow, the Pension Fund was issued a pension for loss of breadwinner. But it was not the only argument.
in addition, said the Judicial Board on civil cases, no matter whether the deceased had filed application for life or not. After all, his wife – the successor, by law, therefore no separate expression for this is not necessary.
In the Federation Council said the reasons for the changes in pension
the Judicial Board on civil cases of the Supreme court considered legitimate and proper to consider the circumstances connected with the person of the plaintiff: it is strongerISI stress after the tragic death of a spouse, followed by numerous court proceedings.
And yet, the Supreme court criticized the argument of their colleagues from regional court on the ignorance of the law. It is not in the law, said in the high court. Just widow simply did not know that the account of her husband has some savings, which, in the case of the death of their master, rely successors. All of this and outlined the Supreme court in its determination.
of Course, it is necessary to emphasise that the Supreme court decision taken in one specific case and in relation to specific situations and specific widow. But it also applies to all other citizens who have lost relatives.
the Rest of the citizens should clarify information about pension savings of the deceased, if not received notice from the Pension Fund. And if it turns out that retirement savings is, it is necessary to boldly walk the path of our heroine to go to the court for the recovery period, and then to write the application on payment of pension savings. But, again, it’s all possible if people were “white” salary, and his employer respected the law.