The State Duma has submitted a bill on a pension conceived after the death of the father to children
A group of senators introduced a bill to the State Duma, according to which children conceived after the death of the father will be able to receive an insurance pension. Previously, they were refused payments on the loss of the breadwinner, since they were never in dependent of his father. After the adoption of the amendments, such children will be able to receive payments until adulthood, and if they study at universities or loans – until the completion of training, but not longer than 23 years. The innovation will lead to annual expenditures of the federal budget in the amount of 90-100 million rubles.
On Monday, May 26, senators Vladimir Yakushev, Inna Svyenko, Elena Perminova and Andrei Kutepov submitted a bill to the State Duma on the appointment of a survivor of the breadwinner to children conceived after the death of his father.
Amendments to the Law “On Insurance Pensions” were prepared in connection with the decision of the Constitutional Court in the case of a resident of St. Petersburg Maria Shnanikova. As previously reported by Kommersant (See number from February 12), the Russian woman went through the IVF procedure, using the frozen biomaterial of the deceased spouse to conception. Having given birth to twins, Mrs. Schanikova established paternity and turned to the social fund for the issuance of a pension for the loss of the breadwinner for children, but was refused. Then the mother tried to appeal the decision in court, but the courts took the side of the social fund, noting that the law provides for the right to pay the breadwinner only for those family members who “actually” were dependent on him. Then Maria Shchanikova turned to the Constitutional Court. The court concluded that in the current legislation the legal consequences of the “post -mortal reproduction”, which implies the birth of children conceived after the death of his father with the help of his genetic material, were not settled. The child born in this way must be socially secured, indicated by the Constitutional Court.
Fulfilling the decision of the Constitutional Court, the senators introduced a bill introducing a new type of social payments to the Federal Law “On Insurance Pensions” – a pension for children born after three hundred days from the date of death of a person whose paternity was established in court.
Children will be able to receive her children up to 18 years old, and if they are in person to study at universities or osuzes, then until the end of training (but not later than reaching 23 years).
Note that in the first version of the bill, which was submitted even before introducing to the State Duma (See “Kommersant” from February 21), it was proposed to assign such pensions only if the father of the child was married to his mother. However, not in all cases, the parents of the children conceived after the death of the biological father were spouses, and as a result, the authors of the amendments decided to exclude restriction from the text. Earlier, Kommersant told the story of a resident of Moscow, who managed to achieve the appointment of payments on the loss of a breadwinner to a child conceived after the death of his biological father, who did not marry her.
According to the data given in the explanatory note, the implementation of amendments will require the allocation of additional funds from the federal budget, including in 2025 – 92.4 million rubles. (Given the fact that from April 1, a pension for the loss of the breadwinner grew from 7.68 thousand to 8.82 thousand rubles), in 2026 – 109.8 million rubles, in 2027 – 114.3 million rubles. The Government of the Russian Federation, taking into account the submitted financial and economic justification, supported the bill. Within three months after the adoption of the amendments, a new order of the Ministry of Labor must be prepared, in which a list of documents necessary for obtaining a new type of pension will be indicated.
