How to take the funded part of the pension at a time: who is supposed to, methods of obtaining, necessary documents and legal advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The funded pension is the money that a citizen pays to the relevant organizations on a voluntary basis. They are accumulated on a separate account of a non-state pension fund (NPF for short) or a state management company (MC). When the time comes, citizens think about how to take the funded part of the pension at a time. Sometimes it works without problems. In other cases, you have to be content with other options for receiving funds.

A bit of history

In 2002, the first pension reform began, in accordance with which the system of compulsory pension insurance (in short, OPS) was adopted. It forms the pensions of future pensioners. By law, the employer is required to make contributions for the employee every month. This procedure is carried out as long as the employee is registeredat work. Of course, we are talking only about those cases where the labor activity of a citizen is carried out in an official manner. This means that the employee should receive the so-called white salary, and not money “in an envelope.”

At the same time, the labor pension was divided into insurance and funded parts, and citizens got the opportunity to choose:

• Leave the deductions in full in the insurance part.
• Separate the funded part in order to later receive the right to a lump sum payment of the funded part of the pension.

This right only applied to persons born in 1967 or later.

Formation of a funded pension

The funds contributed by the employer began to be distributed on the personal account of the future pensioner, depending on the choice he made. Citizens were also en titled to voluntarily contribute the appropriate funds to the funded pension, in accordance with one of the following programs:

• Co-financing (currently no longer possible).
• Maternal capital (currently still active).

These funds transferred to NPF or UK are invested in various projects. This allows you to significantly increase the income that can be received in the future. Thus, a funded pension can consist of the following parts:

1. Contributions made by the employer.
2. Voluntary contributions from citizens.
3. Income receivedfrom investing the funds available in the account.

Paying dues

Currently, employers transfer contributions to the Pension Fund in the amount of 22% of the employee's salary. This is stated in Art. 426 of the Tax Code of the Russian Federation. These funds are distributed as follows:

• 6% goes to solidarity;
• 16% - for individual.

The funds of the solidary part are used to pay pensions for today's pensioners, and can also be spent on the necessary needs of the state.

The individual part is fixed on the employee's personal account. It is from this money that his future pension will consist. It can be distributed as follows:

1. For persons born in 1966 and earlier, all funds are directed to the insurance pension.
2. For persons born in 1967 and later, 10% of the insurance payment, and 6% of the funded pension, if the future pensioner expresses a corresponding desire.

This is evidenced by the law on the lump-sum payment of the funded part of the pension. In addition, the funded pension is paid in a lump sum to citizens who contributed money voluntarily (previously under the co-financing program, and then maternity capital).

When can I withdraw my savings?

Despite the fact that the funds of the funded pension are not stored in the Pension Fund of the Russian Federation, but in the NPF or the Criminal Code, it will not be possible to withdraw them before the retirement age. This type of pension is assigned together with the main insurance pension.payment.

Early receipt of funded pension

As mentioned above, the method of how to take the funded part of the pension at a time or otherwise is relevant only when the right to an insurance pension arises. However, citizens can go on a well-deserved rest earlier than the term laid down by law on a general basis. There are a number of categories of insured persons who are eligible for early retirement.

There are no other grounds for receiving the funded part of the pension by law. The reason for this is that the employer makes contributions to the compulsory pension insurance system. And in accordance with it, payments are assigned only in the event of an insured event. This is stated in Article 6 of the Law "On Funded Pension" No. 424-FZ.

Having decided that the time has come, those who are en titled to a one-time payment of the funded part of the pension apply to one of the following organizations for this purpose:

• FIU (if the money was entrusted to the management company).
• NPF (if the savings were kept by a non-state pension fund).

Receiving a funded old-age or disability pension

There are cases when an early old-age pension is assigned due to a deterioration in a person's he alth or for various social reasons. Then you can simultaneously apply for the funded part of the pension.

In principle, this can be done later. And this option willmore profitable, as the amount of payment will only increase. That is, the later a citizen writes an application for a one-time payment of the funded part of the pension (or in another order), the greater the amount he will receive as a result. This provision applies both to pensioners who go on vacation in the generally established regime, and to those who do it ahead of schedule. You can receive funds as follows:

1. One time.
2. Urgently.
3. Indefinitely (or for life).

Unlimited payment of savings

Indefinitely, the funded pension is paid every month during the life of the pensioner. However, it is assigned only if the amount available on the corresponding account is more than 5% compared to the main insurance payment.

The funded pension depends on the amount of funds in the pensioner's account, as well as on the period set by the state. If in 2017 it was appointed for a duration of 20 years or 240 months, then in 2018 it increased by half a year and began to equal 20.5 years or 246 months. To determine the exact amount of payments, divide the amount available by the number of months.

Lump-sum payment

The law on the payment of funded contributions No. 360-FZ (namely, Article 4) refers to the possibility of taking the funded part of the pension at a time, that is, in the form of one payment. This is possible, as mentioned earlier, upon reaching the retirement age (both in general and in early retirement).okay). And another condition is the insignificant size of the lump-sum payment of the funded part of the pension. That is, the payment is made as a one-time payment only if it is less than 5% of the basic insurance pension.

You also need to understand that if a citizen by retirement age does not have the required number of pension points, as well as the number of years of work experience, then he will be able to use savings, in such cases:

• If a survivor's or disability insurance pension is awarded.
• Assigned state pension (including social).

After receiving the money, if desired, it is possible to continue to form a funded pension if a citizen decides to continue working while already retired. But the next time you can apply for a withdrawal of money is possible not earlier than in 5 years. In addition, if earlier savings were already withdrawn, then a one-time payment to pensioners from the funded part of the pension is no longer allowed this time.

Urgent payment

Term pension, as well as indefinite, is a payment transferred to a pensioner every month, but during the period chosen by him. But this option is possible only if the citizen made voluntary contributions to his account, namely, the funds were transferred:

• wombcapital;
• co-financing contributions;
• extra money contributed by the employer on a voluntary basis (that is, in addition to mandatory payments).

Term pension is set for a different period, whichdetermined by the insured person. However, it cannot be less than 10 years or 120 months.

The payout amount also depends on the respective term. To find out the exact amount, you need to divide the available savings by the number of months during which it is supposed to receive this pension.

Payment upon death of the insured person

The funded part of the pension, which is paid at a time, has an advantage over the insurance and state payments in that it can be inherited. To this end, a citizen can apply to the Pension Fund or the NPF on how to manage the money after his death.

The application should indicate the heirs, as well as their shares. In this case, family ties will not matter. The insured person can indicate whoever they wish. If he does not make such an order, then after his death the money is inherited only by relatives according to the law (that is, in order). In this case, the funds are first distributed among the children, spouse or parents. If the deceased does not have such, then the inheritance passes to sisters and brothers, grandfathers and grandmothers, as well as grandchildren.

But the money will be transferred only in the following cases:

1. If the deceased did not apply for payment while alive.
2. If an urgent payment is set.
3. After the amount of the one-time funded part of the pension was determined but not paid.

In addition, it must be borne in mind that onlychildren of the deceased mother and her husband (father of children). If there are none, then the money goes into the reserve budget of the Russian Federation. If there are no heirs for other parts of the funded pension, then the funds are transferred to the budget of the organization where they were stored (PFR or NPF).

Legal Advice

The funded pension has its advantages and disadvantages. The pluses include the possibility of inheritance of this part. But when making an appropriate decision, it is recommended to take into account some negative factors. These include, for example, the impossibility of early withdrawal of a pension, as well as failure to index it, which is carried out annually in the insurance payment.

In this regard, lawyers suggest to carefully weigh the pros and cons, as well as to consider a number of alternative ways to save money. These include, for example, the following:

• Open a special pension deposit in a demand bank. It can be replenished at any time, as well as withdrawing these funds.
• Take advantage of the cumulative life insurance program, the term of which is from 5 to 40 years.
• Conclude an agreement with the NPF for voluntary pension provision.

In this case, you need to pay attention to the following point. If in the first two cases it is allowed to invest money in any currency, then in the case of NPFs, contributions can only be made in rubles.

Unlike the funded pension discussed in the article, these methods allowuse the funds early.

Savings yesterday and today

Everyone who is en titled to a one-time funded part of the pension could conclude an agreement with the selected organization earlier. But there is currently a moratorium on this action. This decision is explained by the fact that during a certain period it is supposed to check the activities of NPFs, namely their breakeven. But, according to experts, in fact, the reason is that a lot of citizens hastened to exercise their right, which caused a budget deficit in the FIU.

Therefore, insured persons who already have a savings account can now use the methods of how to take the funded part of the pension at a time or receive it urgently or indefinitely. The exception is those citizens who decide to make savings on a voluntary basis.

Conclusion

Judging by the information presented in the article, in order to receive a lump sum payment to pensioners from the funded part of the pension, many nuances must be taken into account. It is not always possible to comply with all of them. This leads to the fact that in some cases one has to be content with only a small increase in the basic pension.