The question about monthly cash payments to the relatives of deceased military personnel, which I tried to answer (see issue dated July 1, 2010), remains open.

An inaccuracy crept into the editorial material - related to the inconsistency of the legal status of these benefit recipients: payments within the same category differ by 2.5 times, and their amount is often determined by the courts, making opposite decisions in the same cases.

Surrounded

The conflict took 20 years to develop. USSR Law "On urgent measures to improve pension provision and social services population" dated August 1, 1989, equated family members of military personnel who died in the line of duty to participants in the Great Patriotic War from among the military personnel. Then the Law of the Russian Federation “On Veterans” of January 12, 1995 appeared - but officials actually determined the status of parents and widows according to Soviet standards. But in 2004, with the release of the Law “On the Monetization of Benefits,” members of military families were already equated to combat veterans - a less protected group of beneficiaries. By adjusting the Federal Law “On Veterans”: retroactively. Until January 16, 1995 (inclusive), the norms of 1989 “became” relevant for them, after - 2004.

So, before monetization, the relatives of the victims received the same sets of benefits established for WWII participants. Now veterans of the Great Patriotic War began to be given 1,050 rubles a month, and family members of deceased servicemen - 150. Plus a social package worth 450 rubles, which was difficult to use.

18 military widows from Voronezh challenged these rules. Vera Uvarova, chairman of the regional movement of wives of fallen servicemen, reached the Constitutional Court. The ruling in her case (No. 331-O-P dated April 4, 2007) states: if the wives of military personnel before 2005 received and exercised the right to benefits in accordance with Soviet law, then they cannot be assigned an EDV that is smaller than for WWII participants.

It turns out that parents and widows who had “large” benefits before monetization (regardless of the date of death of their sons and husbands) should also receive “large” EDV - today it is 2,547 rubles. But the Pension Fund did not automatically increase payments to everyone. Many are given 1019.7 rubles (similar to those 150+450). Discussions about this with the participation of the Constitutional Court of the Russian Federation ended with a clarification: family members of military personnel who died or died after January 16, 1995 are not equated to participants in the Second World War.

This position is also shared by the PFR branch in the Voronezh region, judging by the response from the head of the social payments department, Irina Bolkvadze:

With the adoption of the Federal Law “On Veterans,” the USSR Law of August 1, 1989 lost legal force. However, from the ruling of the Constitutional Court of the Russian Federation dated April 4, 2007 No. 331-O-P, it follows that the parents and wives of deceased military personnel, who were previously provided with benefits on the basis of this USSR Law, should be established in an amount no lower than for participants in the Great Patriotic War . In this case, the fact of the death of a serviceman that occurred before the Law “On Veterans” came into force (that is, before January 16, 1995), under the circumstances specified in the USSR Law, is legally significant.

Vera Kobeleva, Elena Chepik and Elizaveta Shvedova, whose husbands died in the early 2000s - before monetization, received in-kind benefits as participants in the Second World War and, after the Constitutional Court determined the case in Uvarova, they waited for a recalculation. Three years later we went to court. “In the regional district they told us: an exception was made for widows who applied to the Constitutional Court, but you are not allowed to. Does the Constitution exist for a few people? - the women are surprised. - Many of our girls started to sue, but gave up, losing in the first instance. We will go until the end."

A matter of principle? In many ways. But its material side should not be underestimated. Both women remained widows with two minor children (“My husband died in April, payments to the children began to arrive in October. My salary was not enough, bottles were collected,” recalls Elizaveta). Both served in the army and were later forced to resign. It is too early to receive pensions in case of loss of a breadwinner, civilian professions have been forgotten - they got a job, as Elena says, on the principle of “wherever they take it.” As a result, the salary is not even enough to pay for the apartment and utility bills.

We have heard why military widows expect money from the state; their husbands knew what they were getting into. Yes, but they thought that if something happened, their relatives would not be abandoned,” says Elena. - The military wandered around the “points” with their families. Life is no good, often a threat to life. And now we are fighting for pennies...

...If they had won the trial, compensation for the EDV since 2007 would have amounted to about 70 thousand rubles.

Fire on yourself

According to the observations of lawyers of the All-Russian Mother's Right Foundation, recalculations of the EDV were made in 90 percent of cases. But the parents of those who died in January 1995, at the height of the Chechen campaign, are still fighting for their rights. Military men died every day, and their deaths were made qualitatively different by the will of the legislator.

Guys from the same city died in one operation. One late in the evening on the 16th, the other literally at 00:30 on January 17th. The second’s mother receives one and a half thousand rubles less,” said Mother’s Right Foundation lawyer Anna Mukaseyeva. - Or: the boy died on January 1, 1995, but his parents could not receive certificates of entitlement to benefits until January 16. In such cases in Kalmykia, Udmurtia and Vladimir region They were not prescribed EDV as WWII participants. We contacted the executive directorate of the Pension Fund, and the issues for these regions were resolved. It is more difficult when servicemen were considered missing in action. The courts, when establishing their identity, “set” the date of death as the date of their decision. We have to dispute this.

Another problem is that the Pension Fund recalculated the EDV from April 4, 2007, when the Constitutional Court’s ruling was made, and not from January 1, 2005, when monetization began. It was possible, according to Mukaseyeva, to sue for compensation for the “lost” years in Moscow and Zelenograd: “According to Civil Code the right is restored from the moment of its violation."

Sometimes the Pension Fund of the Russian Federation refuses to accrue EDV to the relatives of the deceased under the pretext that, according to the documents, he did not die, but died. But it is quite possible to justify the identity of these concepts in court.

Sometimes you literally have to break through regions - with cassation and supervisory complaints. Often the reason is an incorrectly drafted claim. If you are planning to sue without the help of lawyers, measure seven times! If you heard an incomprehensible word at the trial, write it down and immediately ask to postpone the hearing to another day to sort it out,” explained Anna Mukaseyeva. - Your loss could set a bad precedent for the region.

Initiative

Against the backdrop of individual victories, the overall injustice is even more noticeable. In some subjects of the Federation ( Sverdlovsk region, St. Petersburg) support measures have been introduced for relatives of those military personnel who died after January 16, 1995. But this does not solve the problem on a real scale.

Lawyers of the Mother's Right Foundation propose to amend paragraph 4 of Article 23.1 of the Law “On Veterans” (the amounts indicated below are subject to indexation and at the moment changed):

4. The monthly cash payment is set in the amount of:
<...>

2) participants of the Great Patriotic War, [members of the families of deceased (deceased) disabled war veterans, participants of the Great Patriotic War and combat veterans, members of the families of persons killed in the Great Patriotic War from among the personnel of self-defense groups of facility and emergency teams of local air defense - include] - 2,316 rubles;
<...>

4) military personnel who served in military units, institutions, military educational institutions that were not part of the active army, in the period from June 22, 1941 to September 3, 1945 for at least six months,<...>members of the crews of transport fleet ships interned at the beginning of the Great Patriotic War in the ports of other states, [members of the families of deceased (died) disabled war veterans, participants of the Great Patriotic War and combat veterans, members of the families of persons killed in the Great Patriotic War from among the personnel of self-defense groups facility and emergency teams of local air defense - exclude], as well as family members of deceased hospital workers in the city of Leningrad - 927 rubles.
This proposal was supported by the Commissioner for Human Rights in Russia, Vladimir Lukin. It was sent to the State Duma and a number of authorities with the right of legislative initiative.

Direct speech

Veronica Marchenko, Chairman of the Board of the Mother's Right Foundation:

After the Constitutional Court adopted a ruling on Vera Uvarova’s complaint, the category “family members of deceased servicemen” was divided: some receive 2,547.6 rubles, others - 1,019.7 rubles. The difference is noticeable and, in our opinion, unacceptable. Article 19 of the Constitution of the Russian Federation prohibits discrimination of rights under any circumstances. Moreover, as here, within one category of the population. The date January 16, 1995 divides the armed conflict in Chechnya and its adjacent territories, which lasted from December 1994 to December 1996. While the Federal Law “On Veterans” has not been amended, de jure family members of military personnel who died during the period of validity of the Law “On Veterans” can receive social Security only under Article 21 (which establishes a smaller amount of EDV). But de facto they should not be discriminated against.

Help "RG"

Fund Since 1990, "Mother's Right" has been providing free consultations to relatives of military personnel who died in peacetime in Russia and the CIS, and representing their interests in courts.

Ruling of the Penza Regional Court dated April 22, 2008 in case No. 33-746 The claims for the defendant’s obligation to resume monthly cash payments as the widow of a police officer killed during hostilities in the Chechen Republic were satisfied, since the plaintiff was equal in his legal status to family members of deceased (deceased) disabled war veterans, World War II participants and combat veterans, who are included in the number of recipients of monthly cash payments.

PENZA REGIONAL COURT

CASSATION DETERMINATION

Judge: Ovcharenko A.N.

On April 22, 2008, the judicial panel for civil cases Penza Regional Court composed of:

Chairman Mamonova T.I.

Judges Moiseeva L.T. and Elagina T.V.

heard in open court on the report of L.T. Moiseeva. case on the cassation appeal of the head of the Pension Fund Office for the Leninsky district of Penza T.V. Anufrieva on Leninsky's decision district court Penza dated February 18, 2008, which decided:

Claim by K.N. satisfy.

Recognize for K.N. right to receive measures social support, established by Part 1 of Art. 21 of the Federal Law “On Veterans”.

Oblige the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza to renew K.N. monthly cash payment established by art. 23.1 of the Federal Law “On Veterans”, from April 1, 2005, taking into account the submission of an application for refusal of a set of social services in kind.

Having heard the report of Judge L.T. Moiseeva, having heard the explanations of representative K.N. - R.S. (by proxy), who asked the court decision to remain unchanged, the judicial panel

installed:

K.N. filed a lawsuit against the Pension Fund represented by the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza and asked to oblige the defendant to resume monthly cash payments, to which she has the right as the widow of an internal affairs officer who died during hostilities in the Chechen Republic.

In support of her claims, the plaintiff indicated that her husband, K.I., while on a business trip, died on May 12, 2002 while on duty in the city of Grozny, Chechen Republic.

On July 31, 2002, the pension department of the FEO of the Penza Region Internal Affairs Directorate issued her a certificate as the widow of a deceased soldier, which indicated that she, in accordance with Art. 21 of the Federal Law of the Russian Federation “On Veterans” has the right to the benefits established by this norm. In accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated November 30, 2004 N 294 “On approval of the Procedure for making monthly cash payments to certain categories of citizens in Russian Federation“The plaintiff was included in the register of federal beneficiaries and from January 1, 2005, she was paid monthly cash payments.

However, in April 2005, the defendant stopped paying these funds, which she considers illegal.

She asked to recognize her right to use measures social protection, established by Part 1 of Art. 21 of the Federal Law “On Veterans”, recognize the defendant’s actions to terminate monthly cash payments as unlawful, oblige the defendant to resume monthly cash payments from April 2005 in the amount established by Art. 154 Federal Law of the Russian Federation dated August 22, 2004 N 122-FZ “On Amendments to Legislative Acts of the Russian Federation”, taking into account submission to pension authority applications for refusal of a set of social services in kind.

Plaintiff K.N. did not appear at the court hearing, in a written petition she asked to consider the case in her absence.

Representative of the plaintiff K.N. - R.S., acting on the basis of a power of attorney dated October 24, 2007, supported the claim of his trustee and asked to satisfy it on the grounds set out in statement of claim, clarified the claims and asked the court: 1) to recognize for K.N. the right to receive social support measures established by Part 1 of Art. 21 of the Federal Law “On Veterans”; 2) oblige the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza to renew K.N. monthly cash payment established by art. 23.1 of the Federal Law “On Veterans”, from April 1, 2005, taking into account the submission of an application for refusal of a set of social services in kind.

The representative of the defendant - State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza - V.A. Torkina, acting on the basis of a power of attorney dated January 9, 2008, did not recognize the claims, explaining that since K.N. does not belong to any of the categories of citizens listed in Part 1 and Part 2 of Art. 21 and Art. 23.1 of the Federal Law “On Veterans”, she is not entitled to social support measures, incl. rights to receive monthly cash payments. Part 1 art. 21 of this Law defines such a right for family members of the deceased only if they are disabled. K.N. is able to work, and therefore monthly cash payments to her were stopped legally.

The representative of the third party - the State Branch of the Pension Fund of the Russian Federation for the Penza Region did not appear at the court hearing, was notified of the place and time of the hearing of the case in a timely and proper manner, and the court did not notify the reasons for the failure to appear.

The Leninsky District Court made the above decision.

In the cassation appeal, the head of the Main Directorate of the UPFR for the Leninsky district of Penza, T.V. Anufrieva asks to cancel the court decision as illegal, decided in violation of substantive law.

Without denying that the plaintiff is indeed the widow of an internal affairs officer who died in the line of duty during his service, the cassator believes that her previously assigned monthly cash payments were justifiably terminated, since Art. 21 of the Federal Law of the Russian Federation “On Veterans” provides that such payments can only be received by those widows of deceased employees of internal affairs bodies who are disabled, dependent on the deceased and receiving a survivor’s pension. The plaintiff is able to work and does not receive a survivor’s pension.

According to the cassator, the court incorrectly interpreted the provisions of Art. 21 Federal Law of the Russian Federation “On Veterans”.

Having discussed the arguments of the complaint and checked the case materials, the judicial panel finds no grounds for canceling or changing the court's decision.

Satisfying K.N.’s claim, the court found it established and proceeded from the fact that her demands complied with the law and were confirmed by relevant evidence.

This conclusion of the court is correct.

At the court hearing it was established that K.N. is the widow of internal affairs officer K.I., who died on May 12, 2002 while on duty during hostilities in the Chechen Republic.

By the decision of the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza dated December 27, 2004, K.N., as a member of the family of a deceased internal affairs officer, was assigned a monthly cash payment of 150 rubles for life from January 1, 2005. (case file 35).

However, by the decision of the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza dated March 22, 2005, the monthly cash payment to the plaintiff was stopped from April 1, 2005 (case file 41).

Letter No. 16/6019 of the Penza Region Branch of the Pension Fund of the Russian Federation dated October 18, 2007 confirmed the legality of this decision and the plaintiff was informed of the impossibility of renewing the monthly cash payment.

According to the defendant, K.N. as the widow of an internal affairs officer who died in the line of duty, she does not have the right to social support measures provided for by the Federal Law of the Russian Federation “On Veterans”, since, being able-bodied, she does not belong to any of the categories of citizens listed in Parts 1 and Parts .2 tbsp. 21 and Art. 23.1 Federal Law of the Russian Federation “On Veterans”.

However, the court reasonably concluded that the defendant’s conclusions were incorrect.

At the same time, the court, having analyzed the provisions of the relevant norms of the Federal Law of the Russian Federation “On Veterans”, the Law of the Russian Federation “On the Police”, proceeded from the following.

In accordance with the provisions of Art. Art. 14 - 16 Federal Law of the Russian Federation “On Veterans” During their lifetime, disabled war veterans, participants of the Great Patriotic War and combat veterans, including members of their families living with them, were provided with social support measures in the form of payment in the amount of 50 percent of the occupied total residential area premises (in a communal apartment - occupied living space).

In the event of their death (death), based on the defendant’s interpretation of the provisions of Art. 21 of this Law, a family member (widow), if she is unable to work, loses the named measure of social support, as well as a number of others provided for in paragraph 1 of Art. 21 Federal Law “On Veterans”.

In accordance with clause 3 of the Rules for providing members of the families of deceased (deceased) military personnel and employees of certain federal executive bodies with compensation payments in connection with the costs of paying for residential premises, utilities and other types of services, approved by Decree of the Government of the Russian Federation of August 2, 2005 N 475 , family members of deceased (deceased) military personnel who are entitled to compensation payments include, in particular, widows (widowers), with the exception of those who have remarried, regardless of their ability to work.

According to Part 3 of Art. 21 of the Federal Law “On Veterans”, social support measures established for family members of the deceased (deceased) apply to family members of military personnel, private and commanding officers of internal affairs bodies, the State Fire Service, institutions and bodies of the penal system and state security bodies, killed in the line of duty military service(official duties). The social support measures specified in this article are provided to family members of military personnel who died in captivity, recognized in the prescribed manner as missing in combat areas, from the time of exclusion of these military personnel from the lists of military units.

Clause 2 of Art. 21 provides for social support measures regardless of being a dependent and receiving any type of pension and earnings: to the parents of the deceased (deceased), to the spouse of the deceased (deceased) disabled person of the war who did not join (did not join) remarriage, the spouse of a deceased participant in the Great Patriotic War who became disabled due to a general illness, work injury and other reasons (except for persons whose disability resulted from their illegal actions), who did not remarry, the spouse of the deceased a participant in the Great Patriotic War or a combat veteran who has not remarried and lives alone.

Thus, the parents and widows of the deceased (deceased) are indicated in one paragraph of the said article, in connection with which the constitutional principle of equality of all before the law should be applied.

From the analysis of the provisions of Part 3 of Art. 21 of the Federal Law “On Veterans,” the court came to the conclusion that the plaintiff, being the widow of an employee of the internal affairs body who died in the line of duty, is equal in legal status to members of the families of deceased (deceased) disabled war veterans, participants in the Great Patriotic War and veterans military operations.

Due to the fact that family members of deceased (deceased) war invalids, participants in the Great Patriotic War and combat veterans in accordance with sub-clause. 7 clause 1 art. 23.1 of the Federal Law “On Veterans” are classified as recipients of a monthly cash payment, the court reasonably recognized that K.N., as a person equated by law to this category of citizens, also has the right to receive a monthly cash payment in accordance with this legal norm.

As stated in the court decision, the provisions of Art. Art. 21 and 23.1 of the Federal Law “On Veterans” cannot be applied separately from each other, because are in systemic unity and have a common subject of regulation - they establish social support measures that are uniform in their legal purpose for family members of deceased (died) disabled war veterans, participants in the Great Patriotic War and combat veterans, as well as categories of citizens equivalent to them.

Taking into account the above circumstances, the court declared unlawful the refusal to provide K.N. monthly cash payment provided for in Art. 23.1 of the Federal Law “On Veterans”, as a person entitled to receive social support measures established by Part 1 of Art. 21 of this Law.

Otherwise, it would contradict the above-mentioned legal purpose of this payment (replenishment of losses of previously existing benefits and guarantees in kind and ensuring the stability of the legal status of a citizen) and would put the plaintiff in an unequal position with other similar recipients of social support measures, which does not correspond to the principle of equality of all before the law, guaranteed by Art. 19 of the Constitution of the Russian Federation.

Taking into account the above, the court found it necessary to satisfy the stated claim, assigning the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza the obligation to renew K.N. monthly cash payment established by Art. 23.1 of the Federal Law “On Veterans” from April 1, 2005 (i.e. from the moment of its termination).

Since the arguments of the cassation appeal do not refute the conclusions of the court set out in the decision, the judicial panel does not find grounds to satisfy it.

Based on the above, guided by Art. 360, 361 Code of Civil Procedure of the Russian Federation, judicial board

determined:

decision of the Leninsky District Court of Penza dated February 18, 2008 in the case brought by K.N. to the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza on recognizing the right to receive social support measures and forcing the resumption of monthly cash payments to be left unchanged, the cassation appeal of the State Administration of the Pension Fund of the Russian Federation for the Leninsky District of Penza - without satisfaction.

For several months now, Volgograd widows and parents of fallen military personnel have been receiving a significant cash increase. Since May, an average of 123 to 1,207 rubles have been added to their previous monthly cash payment.

“Previously, this category of citizens received a monthly cash payment as disabled people or members of the family of a deceased (deceased) serviceman,” says Vladimir Salny, manager of the Branch of the Pension Fund of the Russian Federation for the Volgograd Region. “And this state of affairs did not suit both the residents themselves and the Pension Fund authorities. Constitutional Court Russia eliminated the legal gap and issued a determination according to which widows and parents of deceased military personnel received the right to an increased amount of monthly wages established for participants in the Great Patriotic War. And this, in turn, is a significant amount. For your information, at present, WWII participants who refused the social package receive EDV in the amount of 2,012 rubles; those who opted for a set of social services receive 1,455 rubles.

As for the procedure for paying the new amount of EDV, this requires fulfillment of a number of conditions. Firstly, the date of death of the serviceman must be no later than January 16, 1995. Secondly, widows and parents already had the right to benefits provided for participants in the Great Patriotic War, and exercised this right until January 1, 2005. Thirdly, the presence of a certificate or certificate of entitlement to benefits in the established form, a certificate or notice of the death of a serviceman. In some cases, other documents may be required (court decisions, pension certificates, certificates of exercise of rights to benefits before 01/01/2005, etc.).

It is worth noting that the Pension Fund authorities carried out painstaking work to identify residents of the region who are entitled to an increased payment. As a result, more than 1,400 Volgograd widows and parents of deceased military personnel began to receive monthly allowance in a new amount.

PENSION FUND OF THE RUSSIAN FEDERATION

RESPONSIBILITY IS THE KEY TO STABILITY!

The life and health of military personnel is subject to compulsory insurance at the expense of the Ministry of Defense. This means that for any damage to health associated with the performance of official duties, the insured is paid compensation. In the event of the death of an officer or “contractor,” state support is provided to members of his family.

This means that widows of military personnel receive benefits from the Social Insurance Fund.

Legislative regulation

Legal support for the issue being covered occurs at the federal and regional levels. The main regulations are:

What benefits and allowances are due to the widow of a serviceman in 2020?

Laws establish what additional payments a military widow is entitled to. These include:

  • military man;
  • survivor's benefit;
  • some social benefits;
  • second pension (applies to wives of military pensioners);
  • old-age pension with at least 15 years of service.

This list includes the right of widows of heroes of the Russian Federation and full holders of the Order of Glory to receive a monthly cash payment in the amount of 36,410 rubles.

Procedure for paying survivor benefits

Financial support is entitled equally to the widow, child or dependents of the deceased. The benefit is paid from the state budget. Its size is determined based on factors such as:

  • the salary of the deceased, including the base salary and bonuses for rank, length of service, “harmfulness”, etc.;
  • indicator of promotion for service beyond the required length of service.

Documents

To apply for benefits in terms of receiving benefits, military widows will need:

  • passport (not required for minor applicants);
  • a court decision that has entered into legal force declaring a citizen missing (if any);
  • marriage certificate (if the applicant is a child, then optional);
  • certificates of disability or other documents additionally confirming the status of a “beneficiary” (attached only if available);
  • certificate from educational institution(if the benefit is issued in the name of a student at a university or college);
  • SNILS;
  • passport of the bank account where the funds will be transferred;
  • military ID or other documents confirming that the deceased was a member of the RF Armed Forces;
  • the conclusion of the military medical commission that the death occurred as a result of the performance of official duties;
  • a certificate from the registry office confirming that the applicant does not have a registered marriage.

The application with attached documents is submitted to the local branch of the Pension Fund and is considered within 10 working days. If the decision is positive, the widow is granted a pension from the date of her husband’s death; the date of application does not matter.

Important! and its size is determined by the causes of death of the serviceman. If a deceased officer became disabled while on duty, his widow will receive 50% of his salary. If death occurred as a result of health damage received during hostilities, then the pension amount will be 40% of the military’s lifetime salary. Widows of officers who lived together with their spouse within the Far North are also entitled to increased benefits.

Second pension for a military widow

The widow of a deceased military pensioner has the right to benefits in the form of additional pension benefits.

This type of payment is provided to widows of military pensioners who, during their lifetime, exercised their rights to receive a “civil” pension for old age or disability. This is the additional, so-called “second” pension. To obtain it, a woman must contact the Pension Fund R. To receive state pension you must submit an application to the Ministry of Defense or the military commissariat at your place of residence.

The same documents are sent to both of these authorities:

  • applicant's passport;
  • death certificate of a retired military personnel;
  • if the pensioner was disabled during his lifetime, a corresponding certificate is attached;
  • marriage certificate;
  • Bank account details for crediting funds.

If a woman herself has a disability group, then this list is supplemented with a supporting document. Pension Fund employees often demand information about the cause-and-effect relationship between the functional responsibilities of a former officer and the death that occurred.

The period for consideration of an application to the Ministry of Defense and the Pension Fund of the Russian Federation is 10 days. After which, authorized commissions of both authorities make a decision on the appointment of double pension provision. The right to it remains even after remarriage.

Social support

In addition to cash benefits, the state provides benefits to widows of military personnel who died in the line of duty in a number of social areas. As for tax benefits for the widow of a deceased serviceman, there are no plans for such benefits in 2020.

Compensation for housing and communal services

Compensation for utility expenses for widows of military personnel is calculated on the basis of already paid receipts. Widows of officers killed during hostilities are entitled to compensation of 50% of expenses.

Free travel

This is not about daily travel to public transport. This benefit provides the opportunity for a woman and two other family members to visit the place of death and burial of an officer once a year at the expense of the state. Provided that these places are located on Russian territory. Travel to a sanatorium or other place for health restoration, prescribed by a doctor, is also compensated.

Medical care

The widow of a serviceman is entitled to medical benefits. In particular, after the death of her spouse, she and the family members living together retain the opportunity for free treatment and rehabilitation in departmental medical institutions (hospitals, sanatoriums, resorts), as well as the right to be provided with medications as prescribed by the attending physicians.

Regarding discounted vouchers in a sanatorium, the state will compensate 50% of their cost. You will still have to pay the second half yourself. To obtain a voucher, an application is submitted to the Regional Department for Sanatorium and Resort Services of the Ministry of Defense. It is reviewed within 30 working days. After which the applicant is given a decision on granting benefits.

Providing living space

The widow and other close relatives of the deceased living together retain the right to the housing that they occupied during the life of the head of the family. During the entire period of residence, these persons cannot be evicted. The leadership of the military unit or the municipality do not have the right to transfer them to housing with a smaller area or otherwise worsen living conditions.

A woman has the right to a housing subsidy in the amount that her husband would have been entitled to during his lifetime, provided that he was a member of the NIS and his service is 10 years or more. The state also returns payments made to military personnel as part of participation in the NIS.

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In the event of the death or death of a serviceman, members of his family, namely relatives of officers, warrant officers, midshipmen, soldiers, sergeants, foremen and sailors, in certain cases have the right to monthly payments in monetary terms from the number of state pensions.

If a serviceman died as a result of unlawful acts, then instead of this payment to members of his family, the loss of a breadwinner is established.

Survivor's pension rights for members of military families

They can apply for financial support from the state in the event of the loss of a breadwinner disabled relatives of a citizen who died or died during military service or within three months from the date of dismissal, who were dependent on him. Recipients can be:

  • minors and adults (up to 23 years old) children, grandchildren, brothers and sisters;
  • spouse;
  • parents;
  • grandparents over 60 and 55 years old, respectively, or with disabilities, if they do not have legal persons who are obliged to support them;
  • unemployed brother or sister, grandfather or grandmother whose dependent children are under 14 years of age.

They also include family members of a serviceman who died from injuries and illnesses received during his service, and relatives of military retirees.

Regardless of being dependent on the deceased, this payment is established:

  • minor children;
  • father, mother, husband (wife), if they have no means of subsistence;
  • parents and widows of those killed during conscription service.

At the same time, relatives of a person liable for military service who is declared missing during hostilities are equated to to the families of those killed at the front.

Survivor's pension for children of military personnel

The children of a deceased serviceman, including adopted children, legal stepsons and stepdaughters, have the right to this payment:

  • under 18 years of age;
  • who have reached 18 years of age, but who undergo full-time training in state educational institutions (except for those organizations where training is related to entry into military service or police service), including foreign ones, until completion of training, but before they reach the age of 23 years.

If children become disabled when they are minors, then financial support in the event of the loss of a breadwinner will be paid to them and after reaching 23 years of age.

Minor and adult sisters, brothers and grandchildren of a deceased citizen who served in military service also have the right to this pension on an equal basis with the children of a military serviceman, but provided that they have no able-bodied parents.

Pension for the widow of a military pensioner (spouses of the deceased)

A spouse over 60 years of age or a spouse over 55 years of age of a deceased serviceman also has the right to demand this payment. And if they are disabled, then this pension is established and paid to them earlier than the specified date.

The payment is also assigned if the unemployed spouse of a deceased serviceman has a dependent child under the age of 14 years. In this case, the recipient's age is not taken into account.

The wife or husband of a citizen who died as a result of a military injury received while defending the Motherland at the front or abroad (where military operations took place), in accordance with Article 30 of Law of the Russian Federation No. 4468-1, can receive a monthly pension on preferential terms. In this case, the right to this security arises for citizens:

  • over 50 years of age (condition for women);
  • over 55 years of age (condition for men).

But if a citizen is younger than the specified age and is dependent on him child under 8 years old, then this monetary support is established regardless of his age and ability to work. Also in this case it does not matter whether the recipient is working or not.

In accordance with Article 35 of Law of the Russian Federation No. 4468-1, state material support in the event of the loss of a breadwinner is preserved and paid to the spouse of the deceased in full, even after remarriage.

But the widow of a citizen who died during military service on call due to a military injury, is entitled to receive survivors' benefits if she has reached the age of 55 and did not remarry.

Military pension for parents of deceased military personnel

The father of a deceased serviceman over 60 years of age and the mother over 55 years of age are entitled to this payment. A disabled parents can receive cash regardless of age.

  • If one of the parents of a deceased citizen of this category of the population not working and busy raising a child(including a brother, sister or grandson of the deceased) who is under 14 years of age, this pension is established regardless of the recipient’s ability to work and age.
  • If a person liable for military service dies during conscription as a result of injury at the front or as a result of military operations abroad, then his parents have the right to receive financial support if they over 50 and 55 years old(women and men respectively).

Adoptive parents, stepfather and stepmother, have every right to receive data funds on a par with natural parents, if the deceased serviceman was in their custody for at least 5 years.

The size of the survivor's pension in 2019

The amount of monthly cash support in the event of the loss of a breadwinner directly depends on the cause of death of the serviceman and the type of military service he performed. Pension for relatives of a military man or employee under contract, is calculated based on the amount of monetary allowance (DS) described in Art. 43 of the Law of the Russian Federation of February 12, 1993 N 4468-1, and is calculated as follows:

  • 50% of DD- families of military personnel who died as a result of military trauma;
  • 40% FROM DD- families of military personnel who died as a result of a disease acquired during service.

After the indexation of monetary allowances in January 2018, pensions of military personnel and members of their families increased by 4%.
For relatives of military personnel who served under conscription, the pension is calculated based on the estimated pension amount ( social pension):

  • If a citizen who served in military service died as a result of a military injury, then his relatives are entitled to payments in the amount 200% of the social pension for everyone. Until April 2018, this type of security is 10,068.5 rubles (after - 10,471.24 rubles).
  • If a person liable for military service dies as a result of a disease that he received during military service, then each disabled member of his family is paid money in the amount of 150% of social benefits . Before April 2018, it was 7,551.38 rubles (after - 7,853.43 rubles).

In addition, for residents of the Far North and areas with severe climatic conditions, the size increases by regional coefficient depending on your region of residence.

An increased pension is paid during the citizen’s residence. When moving to a new place of residence that is not related to these areas, the payment is made without taking into account the coefficient.

In accordance with Article 38 of the Law of the Russian Federation No. 4468-1, this pension in case of loss of a breadwinner includes: allowances(calculated from the estimated size):

  • disabled people of the first group - 100%;
  • citizens over 80 years of age - 100%;
  • for disabled children and people with disabilities from childhood of the first and second groups who do not have parents, in the amount of 32% of the calculated pension amount.

Serviceman Vladislav Borisovich Kharlamov and his wife Elena Semyonovna Kharlamova adopted a girl, Ekaterina, in infancy eleven years ago. After some time, another child appeared in the family - Natalya. Elena Semyonovna has never officially worked anywhere. Recently, Vladislav Borisovich died while on a mission.

Since citizen Kharlamov was a military serviceman and was killed during his service, his family is entitled to government cash payments in the event of the loss of a breadwinner. Citizen Kharlamova and her minor daughter Natalya will receive monthly state cash support in the amount of 50% of the military allowance. Kharlamova Ekaterina Vladislavovna also has the right to establish this type of payment on an equal basis with the native daughter of the deceased.

Assigning pensions to military family members

To assign payments in the event of the loss of a breadwinner, you must submit the appropriate application and necessary documents no time limit to the multifunctional center (MFC) or to the territorial office of the Pension Fund of the Russian Federation at the place of residence or place of registration:

  • by mail;
  • electronic document through your personal account on the official website of the Pension Fund of the Russian Federation.

Required package of documents to establish this type of pension includes:

  1. a corresponding application (the form is available on the official website of the Pension Fund of Russia);
  2. recipient's passport or other document confirming identity, age and citizenship;
  3. death certificate of a serviceman or a court decision (if a citizen is missing in action);
  4. documents confirming family relations with the deceased citizen (birth certificate, adoption certificate, marriage certificate or divorce certificate);
  5. other documents that may be required in individual cases.

Other documents there may be all kinds of certificates from housing authorities, about income, from educational institutions and so on.

Documents can be submitted in person or through a legal representative. In the second case, the representative to necessary documents The recipient must present his passport and a notarized document ( power of attorney).

Payment of survivor's pensions to military families

Pensioner has the right to choose the method of receiving funds. Currently, there are several ways to deliver pensions:

  • branch of the Russian Post;
  • organization that delivers pensions. A complete list of such organizations is available in the territorial body of the Pension Fund of the Russian Federation;
  • bank branch (account in any bank);
  • bank card.

When choosing the first or second method from the above, a citizen can issue home delivery.

Also, the recipient of funds has the right change delivery method, having previously notified the Pension Fund. This can be done by submitting a corresponding application in writing to the territorial body of the Pension Fund, or electronically through your personal account on the official website of the Pension Fund.

Deadline for payment of survivor's pension

The right to a survivor's pension arises from the date of death of the serviceman. This financial support is established for the relatives of killed or deceased military personnel for the entire period of incapacity and is paid monthly. For men and women who have reached the generally established level in the Russian Federation retirement age, is appointed indefinitely(until the end of life).

If citizens, for some reason, applied for it later, the funds will be paid for the past period, but no more than 12 months.

Termination of pension payment

In accordance with Article 41 of the Law of the Russian Federation No. 4468-1, this payment may be stopped, if certain changes have occurred in the family that entail the loss of the right to receive this security. Such changes in some cases may include:

  • death of the recipient;
  • entering into a new marriage;
  • official employment;
  • recognition of a citizen as able to work;
  • reaching a certain age and so on.

In this case, funds will be paid the last time in the month in which this change occurred.

The right of family members to receive a second pension

Two pensions can be established simultaneously for some relatives of a serviceman who died during military service on call. Such relatives may be:

  • parents;
  • widows, provided that the women have not remarried.

It is established by law that these citizens can simultaneously receive state provision in case of loss of a breadwinner and:

  • any except identical to this one;
  • state payment for length of service;
  • state disability benefits.

To assign a second payment, you must submit an application to territorial body of the Pension Fund of Russia at the place of residence or place of registration.

Conclusion

In case of death or tragic death For a military serviceman, the state guarantees monthly financial assistance to members of his family. In addition, for some relatives of the deceased, certain allowances or even the right to second pension.

Depending on what caused the death of a serviceman, the amount of pension benefits is determined. Every year payments increase, this happens as a result of indexation, which annually on April 1 increases the state.