Complaint to the Pension Fund: where to file, sample complaint to the Pension Fund

It happens that when summing up your working career and preparing for retirement, you are faced with the fact that the data available in the pension fund does not coincide with reality. In such cases, you cannot let things take their course, because your future well-being and material wealth depend on these accruals.

There are no hopeless situations, especially when it comes to resolving conflicts related to the violation of your rights. In our article we will tell you how to complain about a pension fund, to which authorities you should file a complaint, and how to resolve the conflict out of court.

The legislative framework

Unfortunately, the reform of pension legislation each time makes it more and more difficult to understand not only by ordinary citizens, but even by pension workers themselves. Therefore, they often make mistakes when calculating length of service, amount of payments and other issues. If you have the right to receive any payment, we strongly recommend that before contacting the Pension Fund you contact a lawyer to find out:

what documents will be required to obtain, and which the Pension Fund of the Russian Federation has no right to require;
how to calculate the length of service required to receive a pension in your individual case;
the size of the payment itself.

With this knowledge, you can confidently submit an application to the Pension Fund and not be afraid that your rights will be violated.

However, before writing to the Pension Fund of the Russian Federation, it would not be amiss to personally familiarize yourself with the main regulations in accordance with which the Pension Fund carries out its activities:

in 2021, the Board of the Pension Fund of the Russian Federation approved administrative regulations for the provision of services, which describe in detail all the conditions for receiving a particular service, including: who has the right to receive the service, an exhaustive list of documents to be provided, deadlines, etc., up to requirements for the premises in which the service is provided. Any violation of these regulations may be appealed;
Federal Law of December 15, 2001 No. 167-FZ, Federal Law of April 1, 1996 No. 27-FZ - regulation of compulsory pension insurance;
Federal Law No. 166-FZ of December 15, 2001 – on types of pensions and the procedure for their appointment;
Federal Law No. 256-FZ of December 29, 2006 – on maternity capital and the general conditions for its payment;
Federal Law No. 210-FZ of July 27, 2010 - contains general rules for the provision of public services, including the procedure for appealing actions and inactions of government agencies;
Decree of the Government of the Russian Federation dated August 16, 2012 No. 840 - on the procedure for filing and considering complaints about violations by government agencies.

When to contact the prosecutor's office

The prosecutor's office does not consider all complaints against the Pension Fund, but only the most serious ones. They are turning to it not with a request to punish the Pension Fund, but in an attempt to understand the situation and turn it to their advantage, if it is known that the Pension Fund of the Russian Federation specifically limits your freedoms and rights regarding pension provision.

You should not contact the prosecutor's office if:

You were rude.
You sat in line for a long time.
There is an error in the documents and the employees refuse to correct it.
There was a slight delay in processing the application (1-2 days).

All these issues are decided by the head of the Pension Fund unit, and it is at the local level that they can be eliminated without involving a prosecutor or a serious audit.

However, most of the offenses committed by the Pension Fund of Russia relate to cash contributions to future or current pensioners. It is in such cases that a complaint to the prosecutor’s office will have an effect:

Your pension was calculated incorrectly, payments were limited, and years of work were not included in your length of service.
Payments stopped for some unknown reason, and the Pension Fund of the Russian Federation is silent and does not give an explanation.
You were illegally denied a pension or additional payments, citing unknown orders from above.
You were forced to pay for free government services or asked for a bribe.
The Pension Fund employee says that your problem is not in his area of responsibility.
The head of the Pension Fund is inactive or refuses to consider your complaint.
There is a long delay in processing your application.
You are being threatened by co-workers or your boss, or are putting your life in danger.

The prosecutor's office is a supervisory authority, and in these cases it is obliged to launch an audit of the PFR unit and the actions of its employees. It doesn’t matter whether you are a pensioner or have only reached pre-retirement age. You are a citizen of the Russian Federation, and the prosecutor’s office will accept your complaint in any case.

Grounds for appeal

Let's consider the most common reasons for complaints about the actions of employees of the Pension Fund of the Russian Federation.

Incorrect calculation of pension accruals

This is perhaps the most common reason for citizens’ dissatisfaction with the work of the Pension Fund. The formula for calculating the amount of pension payments is quite complex and depends on many factors: year of birth, place of residence, length of work experience, working conditions, profession, etc. Therefore, Pension Fund employees often do not take into account all factors and assign a lower pension level than expected.

In this case, it is important to appeal the decision of the Pension Fund by presenting correct calculations and evidence of all factors influencing the calculation.

Inappropriate behavior of Pension Fund employees

In some cases, the fault of inadequate service in Pension Fund branches is the human factor: employees are rude and rude, provoke the formation of long queues, or unreasonably refuse service.

In these cases, you should file a complaint with the head of the relevant department so that the service is provided properly and disciplinary action is taken against the incompetent employee.

Refusal to provide services

The pension fund is obliged to accept submitted applications and packages of documents; a refusal to accept them, as well as a demand for documents beyond the list specified by the regulations, is unlawful. The application may be returned, but the basis for the return must be strictly justified in accordance with the law.

Violation of deadlines for decision-making and provision of services

The deadlines for consideration of applications are contained in the above regulations. Thus, the consideration of the application and the decision to issue or refuse to issue maternity capital is carried out within a period not exceeding five working days from the date of receipt of the application. If these deadlines are violated, this is a reason to contact higher authorities.

The Pension Fund's decision contains errors and typos

Errors in documents can cause them to lose their validity. Therefore, it is important to carefully check the documents issued by the government agency and, if necessary, apply for their correction.

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Causes

The reasons for filing complaints can be very diverse, but the Pension Fund itself indicates the following reasons for filing:

Violation of terms of provision of services;
Violation of deadlines for registering requests for services;
Refusals to correct typos, provide government services, or accept documents;
Requiring additional documents or additional payment.

Of course, the list cannot end here. So you may not be counted into your insurance period for periods that you think should be taken into account, you may not be given a preferential bonus, and they may simply be rude to you. What to do in these cases? The fact is that a complaint can be submitted to the Pension Fund itself and the official website lists violations that are monitored by the organization itself. Accordingly, for all other reasons you will have to contact the supervisory authorities.

Procedure for appealing actions and decisions of the Pension Fund

Although the law calls the pre-trial appeal procedure a citizen’s right, and not an obligation, in fact it is impossible to appeal the actions and decisions of Pension Fund of Russia employees in court or other authorities without first filing a complaint directly with the Pension Fund itself. Therefore, you need to start complaining in the following order.

The head of the territorial branch of the Pension Fund considers complaints about the actions of employees of his branch, including rudeness, refusal of service, etc.
The decisions of the head of the territorial branch must be appealed to a higher branch of the Pension Fund. As a rule, they are called regional departments.
The actions and decisions of the regional management of the Pension Fund are appealed to the central (Moscow) branch of the Pension Fund. Also, if you are faced with a significant violation of the deadlines for providing services or making payments, it makes sense to complain directly to the central office, since it monitors compliance by territorial offices with legislation and the quality of services provided.
If complaints to all authorities of the Pension Fund have led nowhere, you need to restore your rights through the courts.
The decision of the Pension Fund of the Russian Federation can be appealed to other government agencies, but such complaints do not give a positive result in all cases. However, you need to use every opportunity to protect your rights, so we’ll tell you where else you can complain about the work of the Pension Fund:
The Prosecutor's Office of the Russian Federation is also authorized to consider complaints about violations of the law. The procedure for filing and considering a complaint at the prosecutor's office has its own specifics.

How to complain about the Pension Fund to the prosecutor's office?

The Pension Fund of Russia is one of the government agencies that causes depression and frustration among the population. Many people know that disputes over pension accruals can drag on for more than one month, and department employees repeat like dummies that they do not have the authority to decide anything.

When the situation drags on or turns out not to be in your favor, there is an effective tool for influencing both the Pension Fund and other authorities - a complaint to the prosecutor's office. It is this body that should protect your rights when they are violated in other government formations.

Methods of contacting the Pension Fund

Regardless of the level of office to which you need to send a complaint, there are several ways to submit it.

Personally

If possible, the easiest way is to come to the department in person during reception hours. However, verbally expressing complaints will not be enough: you must submit a complaint in writing. To do this, you need to make a complaint in two copies: one will be accepted for consideration, and the second will be marked as received and returned.

This copy will serve as proof of contact with the appropriate authority.

By mail

The complaint should be sent to the location of the relevant department. Contacts of the branch you are interested in can be found on the official website of the Pension Fund. The letter to the Pension Fund must be sent by registered mail with acknowledgment of receipt. Such a letter can be tracked on the Russian Post website, and the receipt notification will be proof that the complaint has been accepted for consideration.

In electronic form

An electronic appeal is convenient because you can send it without leaving your home, simply by filling out a form on the official website of the Pension Fund. To draw up an appeal through the online reception of the Pension Fund of the Russian Federation, you will need SNILS, as well as scans of documents that must be attached to the complaint. The maximum length of an appeal is only 2000 characters, so it needs to be succinct and concise. The response to your email will be sent to the specified email address.

Consequences

After submitting a complaint to the prosecutor's office, events can develop in several ways:

The prosecutor will have enough documents that you sent, and he will send you a letter with the results of checking your case:
If there was no violation and the Pension Fund of Russia acted legally, they will explain to you on the basis of which legislative acts your appeal is unfounded.
The prosecutor will not have enough documents that you sent, and you will be given time to convey what you need. Further outcomes are the same as in paragraphs 1.1. and 1.2.

Expert opinion

Sometimes the very fact of checking the situation prompts the Pension Fund to move, and sometimes even a full check does not help. Then you have to go to court, and it is very advisable to have a good lawyer on your side.

In any case, your complaint can greatly affect the situation and further developments. The main thing is to submit it correctly and know for sure that you are acting legally.

Time limits for consideration of complaints to the Pension Fund of Russia

The period for receiving a response to a complaint should be counted from the moment it is received by the Pension Fund of Russia. This is the date when you brought the complaint in person or sent an email, or the date the Pension Fund of Russia office received the letter with the complaint, which is indicated in the receipt receipt. Further, the period should be calculated as follows:

the complaint is registered within 1 working day;
As a general rule, 15 working days are allotted for consideration of a complaint, but for some cases a shorter period of consideration is established. Complaints are reviewed within 5 working days:
to refuse to accept documents;
refusal to correct typos and errors;
for violation of the established deadlines for such corrections;
if the complaint is satisfied, measures must be taken to eliminate the identified violations within 5 working days;
the response based on the results of the review is sent no later than the business day following the day the decision is made.

Thus, the maximum period for the Pension Fund to respond to an application is 17 working days, and within 21 working days the violation must be eliminated.

Steps to take before filing a complaint

It is not recommended to immediately go to the prosecutor's office after an offense. The regulatory authorities must understand that you tried to resolve the situation peacefully and locally. Therefore, your first complaint should be to the Pension Fund itself, where you are served - addressed to the boss. When consideration or satisfaction of your petition is refused in writing, you can begin to prepare a package of documents for the prosecutor’s office.

The prosecutor will need from you:

The text of the complaint itself with a detailed explanation of what happened, when, where and what your rights were violated.
Evidence that the Pension Fund of Russia did not act in accordance with the law - a refusal from the head of the Pension Fund of Russia, legal recordings of conversations with employees, testimony of witnesses, checks for services, etc. will be useful here.
Documents regarding your case being considered by the Pension Fund, with which you can also confirm that you were treated incorrectly.

If what you brought is not enough, the prosecutor will send you a list of missing documents within 5 days from the date of filing the complaint, and you must promptly submit them so that a full check can begin.

By law, the prosecutor’s office can consider the complaint itself within 1 month, but usually, with all the documents in place, this time is no more than 2 weeks. During this time, the prosecutor will check not only the PFR unit itself, but also the legislative framework. If the violation is confirmed, they will help you file a claim with the courts to oblige the Pension Fund to comply with the requirements of the law.

Important! The prosecutor does not have the right to “oblige” the Pension Fund to do something. He's just checking. In serious, especially monetary, matters, punishment is the prerogative of the court.

How to file a complaint to the Pension Fund of Russia?

The law does not provide for a special form of application to the Pension Fund, so the text can be written freely. However, there are still a number of requirements for a complaint.

Firstly, in accordance with Government Decree No. 840, the complaint must contain the following information:

the name of the PFR branch where the complaint will be filed, as well as, if necessary, the full name of its head;
personal data of the applicant: full name, address, telephone number, SNILS, email address (if the response is required in electronic form);
the essence of the appeal: which actions are being appealed, which officials;
justification for the complaint, including the documents required for this.

Secondly, additional requirements for applying to government agencies are established by Federal Law No. 59 of May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation”:

A written complaint on paper must be dated and signed.
The application must not contain insults or profanity, otherwise it may be left without consideration.

Thirdly, all legal nuances should be taken into account. As mentioned above, the claims in the complaint must be justified, i.e. supported by relevant documents and references to the provisions of the law. Here everything largely depends on the circumstances in each specific situation, so it is better to seek advice from a lawyer.

In addition, when writing, you must adhere to a business style of presentation, succinctly and concisely describe the circumstances of the complaint, and maintain chronological order. It is also better not to deviate from the topic of the address, not to make lyrical digressions and exclude the emotional component.

Taking into account the above, the structure of the complaint to the Pension Fund consists of the following elements:

The header of the document, which indicates information about the applicant and recipient of the complaint.
The essence of the appeal, consisting of:
the motivational part, where the applicant substantiates his claims with references to documents and legal norms;
the petition part, which indicates specific measures expected from the Pension Fund.
Enumeration of applications.
Date and signature if the document is on paper.

To draw up a complaint yourself, you can use our sample complaint to the PRF against a decision.

Sample complaint

Sample and drawing rules

A complaint to the prosecutor's office is an official document on the basis of which the prosecutor will authorize an official audit of a government agency. Accordingly, there are requirements for a complaint - it must be drawn up without the use of profanity, threats, insults and unlawful demands.

Adhere to a structure that is typical for all documents and requests. The header should include information about where you are sending the complaint and who you are. Don't forget to write your address and phone number if you really want someone to answer it. Next, after the word “Complaint” in the middle, you will need to describe the situation that arose at the Pension Fund of Russia, quote the employees’ responses, attach documentary refusals or decisions about the impossibility of fulfilling your requirements, and also request verification of illegal actions against you. Be sure to refer to dates, laws and statutes. Also, provide sufficiently compelling arguments for your appeal.

Important! It is advisable not to ask the prosecutor’s office to punish the FIU that “offended” you, because this body does not deal with punishments. Just ask for verification and leave the punishment to the judiciary.

Expert opinion

Also, remember that unsigned complaints, complaints without your name (anonymous), as well as those full of threats and profanity will not even be considered. In these cases, you will face a lawful refusal, if not a counter-complaint or even a lawsuit for insults.

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Appealing decisions of the Pension Fund in court

The practice of appealing the actions and decisions of the Pension Fund in court is quite common, since this is often the only way to achieve justice. It makes sense to go to court when you need to get the Pension Fund to make a positive decision or recalculate pension payments. The court will consider the case on its merits, so with the right argumentation there is every chance of getting the claim satisfied.

It is better to entrust the drafting of a statement of claim to lawyers, since it is important for the court to have a legally competent substantiation of the claims. In addition, lawyers know the prevailing judicial practice and will be able to present more compelling arguments for the court.

Contents and samples of claims

If you decide to file a claim yourself, the easiest way to do this is to use previously written complaints as a basis. The following changes will need to be made:

The name of the court in which the claim will be filed is written in the header of the statement of claim. The statement of claim is filed with the district court at the location of the territorial body of the Pension Fund of Russia, whose actions are being appealed. The plaintiff (applicant) and the defendant (PFR branch) are indicated;
to the statement of circumstances in the complaint, a brief description of the pre-trial settlement of the dispute should be added: filing a complaint and responding to it;
to the basic requirements you can also add a requirement for compensation for moral damage and payment of interest for the use of other people's funds;
attach all the documents that were attached to the complaint, as well as the complaint itself and the response to it.

Sample claim

Application procedure

To file a claim in court, you must:

Pay the state fee. The state duty upon application will be 300 rubles. Pensioners and disabled people of groups I and II are exempt from paying it. A receipt for payment is attached to the statement of claim.
If the application is submitted in paper form, you need to print out the statements according to the number of persons participating in the case: for yourself, the defendant and the court. Copies of the attachments must also be printed for the court and for the defendant. The originals should be kept with you and will only need to be taken with you to the court hearing.
Take to the post office a copy of the claim for the defendant along with the attachments and send it to the PRF branch by registered mail with acknowledgment of delivery. Receipts of delivery will also need to be attached to the claim in court.
Apply to the court. This can be done in three ways:
send the claim by registered mail;
use the electronic system of GAS Justice and send documents electronically in PDF format. This will require authorization through the ESIA.

The consideration of the case will take about two months, unless it is necessary to appeal the court decision to a higher authority.

Possible results

The prosecutor's office considers complaints within 30 days - this is the legal period for those situations that require additional checks by the Pension Fund. If there is no need to conduct a check, and the documents in your hands are sufficient evidence, then the prosecutor’s office will send an answer to you in the first two weeks after the application. At the same time, if any additional information or clarification is needed, it will be requested from you within the first five days after filing a complaint.

After contacting the prosecutor's office, you can start drawing up a statement of claim against the Pension Fund of the Russian Federation, if your rights were indeed violated. At the same time, an inspection by the prosecutor’s office is often enough for the Pension Fund to contact you to resolve the problem “on the spot.” However, if the case comes to court, then you will need to be concerned about the possibility of hiring a lawyer, even with a decision from the prosecutor's office in hand.

Remember that any actions of the Pension Fund against you, which followed your filing of a complaint and led to even greater confusion or further refusals, may serve as evidence that the body decided to “revenge” you. According to the law, this should not happen, so going to court and judicial review of employees’ actions will be more important than ever.

Where to complain?

For issues that the Pension Fund is not authorized to resolve, you should contact the prosecutor's office. A complaint here will help you figure out the problem yourself, because here a pension law specialist can provide you with an explanation of your complaint and help you solve the problem.

The advantage of contacting the prosecutor's office is also that it does not require legal knowledge and can be sent orally at an appointment with the prosecutor. You will be required to clearly convey to the employee what specific inconsistencies or violations you want to appeal.