The pension fund refuses to recalculate. The pension fund refuses to recalculate insurance premiums SP. Appeal against a denial of a pension

The issue of increasing the amount of payments is one of the main both for the pensioners themselves and for the government as part of its implementation of the Long-term Development Strategy pension system. It becomes especially important this question at the moment due to the growth of the consumer price index, and, consequently, the growing inflation and instability in the social sphere.

In the latter option, the sum insured can be increased due to unaccounted payments:

• when assigning one of the types of insurance payment;
• when transferring from one to another;
• or at the previous recalculation.

Recalculation of pensions for working pensioners

For working recipients pension payments is a change in the amount of the pension due to the continuation labor activity, and hence the continuation of the transfer by the employer of insurance premiums to the FIU. Such an increase is carried out annually on August 1 on an unannounced basis and, in fact, is an adjustment, since depends on wages particular pensioner.

For the first time recalculation under the new rules of the law "About insurance pensions" was made from August 1, 2016, taking into account insurance premiums for the full previous year.

The amount of the payment is now increased by the value of pension points (PPI). Moreover, the maximum value of the IPC, taken into account in such a recalculation, is established by law:

• no more than 3.0- for citizens who do not form pension savings in a given year;

• no more than 1,875 - for citizens transferring funds for a funded pension.

The recalculation of payments to working pensioners is carried out on the basis of Art. 18 law "About insurance pensions". Increase amount and the increased amount of the pension can be determined by the formula:

SP 2 = SP 1 + (IPK x SPK),

• SP 2- the amount of insurance payment after recalculation,
• SP 1- the amount of the insurance payment before the increase,
• IPK- individual coefficient on January 1 of the year in which the increase is made,
• SPK- the value of the pension coefficient as of the day from which the recalculation is carried out.

Petr Ivanovich receives insurance pension old age and continues to work. From August 1, 2018, he is entitled to recalculation, taking into account the accumulated points for 2017. Last year, Petr Ivanovich's average monthly salary was 15,000 rubles. Therefore, the annual salary: 15,000 x 12 = 180,000 rubles.

Contribution rate for insurance payment equal to 16%, because funded pension is not formed. Payments for the insurance pension transferred for the year: 180,000 x 0.16 \u003d 28,800 rubles.

To convert this amount into points, it is necessary to divide it by the amount of annual contributions from the maximum salary in 2017 (876,000 x 0.16 \u003d 140,160 rubles):

• 28800 rubles / 140160 rubles x 10 = 2.055 points.

The cost of 1 point in 2018 is 81 rubles 49 kopecks. Petr Ivanovich's pension at the moment is 10 thousand rubles.

Having all the above data, we calculate the amount of the payment after the future adjustment on August 1, 2018:

• 10,000 + (2.055 x 81.49) \u003d 10,000 + 167.46 \u003d 10167.46 rubles.

Thus, the size of the increase in the pension of Petr Ivanovich will be 167.46 rubles, and the amount of the payment will be 10,167.46 rubles.

Recalculation of the funded part of the pension

This type of recalculation is carried out on the basis of Art. 8 Laws "O funded pension» August 1st annually in an informal manner for citizens receiving funded or urgent pension payments.

An increase in the amount of payments for this type of pension is possible in the following cases:

• income from investment pension savings;
• receipt of payments not included in the appointment this part of the pension (for example, if the citizen continues to participate in the state co-financing program).

In fact, this change in the funded pension payment is an adjustment and is of an individual nature, since it depends on the contributions received on the personal account.

Recalculation of pensions for women for children

After the pension reform, since 2015, when calculating a pension, not only the time of work, but also other periods counted in the insurance period (non-insurance) began to be taken into account. One of them is the child care period, for which 1.8 pension points are awarded for a full year of care.

Before the pension reform, such periods did not affect the amount pension provision, however, now women have the opportunity to spend, having received an increase in their pension. Such a recalculation is carried out in a declarative manner, i.e. an application of the established form is submitted to Pension Fund RF.

However, often in order to obtain the right to account for pension points for periods of childcare, it is necessary to partially waive the previously assigned pension and apply to the FIU with an application for the appointment of a new one, in which the option of such a replacement will be taken into account. At the same time, when recalculating points, it can be reduced seniority.

Recalculation when a pensioner reaches 80 years

In this case, it happens increase in the amount of the fixed payment. For citizens who are over 80 years old, the increase is carried out in a double amount automatically, taking into account the passport data available in the payment file.

It should be remembered that the right to receive a second basic payment upon reaching the age of 80 can be exercised by only beneficiaries.

• Citizens receiving a survivor's benefit must switch to an old-age insurance pension in order to acquire the right to a double fixed payment, for which they must submit an appropriate application to the FIU.
• Retirees receiving are also not eligible for double the base amount.

Pension upon change of disability group

When changing a disability group from one to another, recalculation of the amount of payment is made without application from the date of establishment of another group. The basis for such a recalculation is the certificate of examination sent by the bodies of medical and social expertise to the territorial body of the PFR at the place of registration of the pensioner.

It is worth noting that an increase in a fixed amount when a disability group changes is also related to the insurance payment for old age and disability. For disabled citizens Group I fixed payment is carried out in double size.

Application to the Pension Fund for the recalculation of pension

A citizen receiving a pension payment has the right to apply for a change in the amount paid in the event of a change in circumstances affecting its size.

fixed amount recalculation may be the following cases:

• change in the number of dependents;
• change of residence to Far North or a locality equated to it;
• acquisition of the right to early retirement in connection with the worked experience in the Far North;
• change in the category of the recipient of the insurance payment for the loss of the breadwinner in connection with the loss of the second parent;
• moving from the countryside to another place of residence.

Grounds for implementation recalculation of insurance pension are:

• change in the number of points accumulated for the previous year;
• change in the amount of pension coefficients.

You can apply for the recalculation of a pension in person or through a representative by contacting the PFR department at the location of the pension case, through a multifunctional center, a post office or a personal account on the PFR website.

The application must have the following information:

• information contained in the citizen's passport;
• the reason that is the basis for the recalculation;
• list of attached documents.

To complete the application, you will need: a passport and SNILS, other documents can be requested from the applicant only if they are not available in state bodies. This rule is regulated by the Law on the provision of public services No. 210-FZ of July 27, 2010.

Written appeal is considered within five working days from the day of admission with all necessary documents, or from the date of receipt of the last missing document.

When does the pension adjustment take place?

Change in the amount of the paid pension in an informal manner takes place annually on August 1st. Such adjustment of pension payments is carried out:

1. taking into account the received payments for the insurance pension;
2. taking into account the payments received for the funded pension.

The reason for this change is the increase in the amount of the pension coefficient for the previous year.

Other increases in the amount of cash are carried out:

• from the 1st day of the next month after a change in circumstances, reducing the amount payments;
• from the 1st day of the next month after the receipt of the application for recalculation upward payments.

However, there are also special cases relating to the date of the right to recalculation:

• at reaching the age of 80- from the date of reaching the specified age;
• at change of disability group- from the day the disability was established (except in cases of assigning a group that entails a downward recalculation, then the change in the amount will occur from the next month).

Conclusion

The recalculation of the pension payment is due to recipients in Russia. The change in the amount occurs either on the basis of documents already available in the pension case, or in connection with the submission by the citizen of new documents or the emergence of new circumstances.

In contrast to the recalculation is more individual character for a pensioner, since it takes into account the characteristics of each individual at a certain point in time, for example, reaching the age of 80, changing the number of dependents, changing the disability group.

However, there are recalculations made en masse, for example, concerning, to whose personal accounts continue to receive insurance premiums employers. In addition, additional payments may also be received on, in connection with which, relatively recently, the new kind recalculation taking into account such contributions.

I retired on disability group III on December 28, 2011, I was 55 years old then, received a pension of 4000 rubles, I did not submit income certificates. On February 15, 2013, for health reasons, I stopped working and submitted documents as a non-working pensioner and began to receive an additional payment up to living wage(7100r.). Up to 12,000 I was not paid extra, since there is no 10 years of registration in Moscow. On January 15, 2014, I submitted salary certificates to the FIU. The salary for calculation was taken from 1984 to 1988, the average salary was 389 rubles. 45k. The ratio of my earnings and in the country was: 2.058. The experience is also great (more than 25 years), there were also insurance deductions, although what do insurance deductions have to do with it? AT Soviet time I was withheld 13% of my earnings. Today I receive the minimum wage, which applies to all of Russia, and not to Moscow, where I have been registered for 8 years. In addition to indexation, they never added anything to me, there was no recalculation after the provision of salary certificates, and there was no recalculation after August 11, 2016, when I became a legal pensioner. For many years I can't get the truth.

Boris, when did you first apply for a disability pension, did you submit a work book to the Pension Fund? In general, what documents were submitted, except for the pink certificate? Do you still have receipt of documents? Do you have an extract from the ILS on the date of the pension assignment? Requested the calculation of the very first pension?
If by that time you were working, and even with a good salary and considerable experience, then the size of the pension was not enough, it seems to me. You most likely missed something.
To begin with, you need to write a request to the Pension Fund in two copies, in which you request a full calculation of the amount of your pension, indicating all the data taken into account in the calculation. Submit to the office of the PF at the place of residence with mandatory registration of admission, keep the second copy.
After a maximum of 30 days, you should receive a response, then you will need to carefully study it. Then act according to the situation, if something is missing, it will be necessary to demand a recalculation.

So far, it is not at all clear what kind of truth you are seeking and how you are doing it.

Hello!
When I first went to the PF in January 2012, I brought a full package of documents (passport, labor, SNILS, TIN, pink certificate), except for income statements, since at that time I was working.
Do you still have receipt of documents? There was, but now it's gone.
Do you have an extract from the ILS on the date of the pension assignment? I don't have it because they didn't give it to me.
Requested the calculation of the very first pension? I requested verbally, but they did not give it to me.
Three times I asked to recalculate pension payments, but all to no avail.

Boris, you need to communicate with the PF only in writing: either through the office in two copies for registration, or by registered mail with a list of attachments and a message of receipt, or through the PF website, addressed to the executive directorate. The first way is the best in my opinion.
No one will give you anything, you need to make requests about everything, write applications, etc.

To ask for a recalculation, you need to know the original calculation. To do this, you need to write an application with a request to give you a full calculation of your pension from the date of initial assignment (indicate the date in 2012) indicating all the values ​​taken into account: insurance experience with dates, average earnings, from which the pension capital was calculated for the period up to 2002 and for which specific months these earnings were selected, insurance deductions, starting from 2002, which were taken into account when calculating with the transfer of all amounts for each year, etc. Right here so write in detail, do not be shy, I ask you to issue and report, and then list all this.
After you receive an answer to this application, you will need to carefully check everything that and how you have calculated and taken into account, and then ask for recalculation if there is evidence (from the answer you received) that the calculation was made incorrectly.
All receipts when submitting documents must be kept.
Regarding salary certificates: for what years approximately, starting from the beginning of your work and until 2002, did you have the best earnings? Judging by the fact that you were not “asked” for anything, they made a calculation for you from earnings for 2000-2001 according to individual accounting information that is available in the Pension Fund. If then you earned well and the employer reported for everything, then you may not need any certificates of wages for other years. But all this will be known only after your application and study of the answer to it.

The PF is a financial organization, all communication with it is exclusively around money, so be active and attentive yourself, no one will voluntarily pay you more money.

Thanks a lot!
Here's how I made a statement to the FIU

Statement

I ask you to issue a full calculation of my pension from the date of the initial assignment on 12/28/2011. On December 28, 2011, I was assigned a disability pension. The amount of the pension is directly dependent on the length of service, my length of service until 01/01/2012, according to work book amounted to -25 years 11 months 4 days. Also, the size of the pension depends on the labor earnings for the period up to 01/01/2012. I provided certificates for the period from 11/01/1984 to 10/30/1989. As a result: 60 months. Salary according to references from 300 rubles. up to 916r. per month.

Pension Fund Russian Federation once again made life difficult for individual entrepreneurs by announcing that he would not recalculate insurance premiums for mandatory pension insurance, calculated at the maximum for previous periods. Letter N NP-30-26/9994 dated July 10, 2017 from the Pension Fund of the Russian Federation informs that the Pension Fund has no grounds for reorganizing insurance premium obligations in the event that payers of insurance premiums submit information on income to the tax authorities after the end of the billing period and receive from the tax authorities relevant information on income after sending the payer of insurance premiums a claim for payment of arrears on insurance premiums, penalties and fines in the amount based on 8 minimum wages.

It should be recalled that in accordance with the now inactive Federal Law of July 24, 2009 N 212-FZ “On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”, individual entrepreneurs were required to pay insurance premiums in the amount of one percent of the annual income exceeding 300 thousand rubles. To calculate the contributions, data on the income of individual entrepreneurs were transferred by the tax authorities to the FIU. If an individual entrepreneur did not submit reports and, accordingly, there was no data on his income, the calculation of IP insurance premiums was made to the maximum, based on 8 minimum wages. For 2014, the maximum amount is 138627.84 rubles, for 2015 - 148886.40 rubles, for 2016 - 154851.84 rubles.

Meanwhile, the legislation does not contain a ban on the re-formation by the territorial bodies of the Pension Fund of the obligations of payers of insurance premiums - individual entrepreneurs, calculated on the basis of 8 minimum wages, when information is received from the tax authorities on the income of an individual entrepreneur, regardless of the billing period that submitted tax returns, including and in violation of the deadline, and allow you to determine the obligations of an individual entrepreneur based on the amount of his income. Not later than the 1st day of each month, the tax authorities transfer to the territorial bodies of the Pension Fund of the Russian Federation information that was not submitted in a timely manner by payers of insurance premiums to the tax authorities, information on income specified by the payer, information revealed in the course of tax control measures.

The position voiced by the Pension Fund violates the rights of individual entrepreneurs in terms of determining the actual amount of insurance premiums payable based on the actual results of business activities, and prevents a decrease in the level of debt on insurance premiums calculated by the territorial bodies of the PFR. It seems that in the case of an individual entrepreneur submitting tax reports and transferring data from it to the Pension Fund by the tax authority after the territorial bodies of the PFR formed the obligations of the individual entrepreneur for insurance premiums, calculated in maximum size, The Pension Fund is obliged to recalculate unfulfilled obligations on insurance premiums on the basis of data received from the tax authority.

This is not the first obstacle placed by the Pension Fund to individual entrepreneurs. Earlier, entrepreneurs had problems with the recalculation of insurance premiums for mandatory pension insurance for previous years in connection with the decision on insurance premiums issued by the Constitutional Court of the Russian Federation (see Insurance premiums for individual entrepreneurs without overpayment). Some territorial FIU branches refused to recalculate insurance premiums, referring to the fact that tax authorities provide data on individual entrepreneur income. In turn, the tax authorities justified that they only provide the Pension Fund with information on income from the activities of payers of insurance premiums for the billing period (see).

As a result, many individual entrepreneurs have not yet been able to return the overpayment of insurance premiums for mandatory pension insurance for 2014-2016. Given the importance of the problem, Kirpikov & Partners Center offers legal assistance in the recovery of overpaid (collected) insurance premiums for previous years. In order to return overpaid (collected) insurance premiums for compulsory pension insurance, it is necessary to describe the problem with the return of contributions, provide the TIN, registration number in the Pension Fund of the Russian Federation, periods and amounts of overpaid (collected) insurance premiums, and also pay for the preparation of an application for the return of insurance contributions.

To protect the rights and legitimate interests in tax disputes, you should seek legal assistance from the Kirpikov and partners center.