Situations when a citizen understands that he was transferred to a new NPF without consent, according to a “fake” application, are quite common. Savings of citizens are transferred to other organizations, with a smaller interest rate or bad reviews.

Most often, people learn about such a translation by accident. And immediately they have a question, what to do if the money was transferred to the NPF fraudulently? More on this later.

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The process of transferring the funded part of the pension

Transferring to an NPF without the consent of the client is a violation of the law, because according to the latest reforms, citizens have the opportunity to manage pension savings on their own, and not under pressure from third parties.

One of the options for such management is the transfer of funds to the Non-State Pension Fund, which became especially important in 2014, when the PFR officially stopped the formation of savings. Now the money is automatically sent to the insurance part of the pension.

The advantage of pension savings over insurance premiums is that this money will be an addition to the pension, which is what most citizens are interested in. That is why it became possible to deposit additional funds into your account in order to increase your income in the future.

The convenience of such a pension reform lies in the fact that NPFs pass on all savings in the order of inheritance. That is, in the event of the sudden death of the insurer, the funds will go to his relatives, and not disappear.

There are no mandatory requirements for transferring funds to NPFs in the legislation. Thanks to this, citizens have the opportunity to take advantage of a number of advantages:

The possibility of a significant increase in their pension savings, in comparison with the conditions offered by the state pension fund.
Account holders can independently track the movement of their funds, for example, through special online services.
The conclusion of the contract for the transfer of funds is made only once, there is no need to re-register the documents every year.
All cash kept on NPF accounts are insured. If the company goes bankrupt, all the money will be returned to the owners.
If the applicant is not satisfied with the fund for any reason, he has the right to renew the contract at any time.

When is it possible to transfer a pension without notifying the owner

After the adoption of a legislative act on the mandatory transfer of a part of the pension from the state fund, NPFs became more active and began to act aggressively. For example, most of these firms hire agents to represent them and "sell" a new contract to an unlucky client.

Most often, scammers act in this way: the agent rings the doorbell of the apartment and asks the tenant to show.

In this case, the following arguments are used:

Registration of various documents, without which the percentage of growth of the funded part may decrease, or such interest will not be accrued.
Conducting a population census in order to draw up inserts that will contain information about valid SNILS.

Rarely there are cases when a person is simply offered to sign a form for transfer to another fund.

Despite the fact that the FIU has repeatedly made statements that its employees do not go from door to door, there are citizens who fall for the bait of such scammers.

Another way in which a transfer is carried out to an NPF without the consent of the client is the execution of documents at a recruitment agency. Often, along with a contract for the provision of services, a person is given an application to transfer pension funds to a non-state pension fund.

How to solve the problem of transferring funds to a non-state pension fund

What to do if there was a transfer to an NPF without consent?

There are 5 ways to solve this problem:

First of all, you need to go to the nearest department of the state FIU and write a statement about the illegal transfer of funds to the NPF. Within a calendar month, the department in each region collects such notifications, after which it sends them to the central FIU to resolve the conflict.
The second option is to send a written claim to the organization where the funds were illegally transferred. The claim reflects the client's disagreement with the transfer of savings, loss of income from investing this part of the pension.
In this case, the citizen has the right to demand the provision of certified copies of the documents on the basis of which his pension savings were transferred to a new organization.
The next way is to file a complaint against the fund's actions with the Central Bank, which regulates and controls the activities of such organizations in the field of compulsory pension insurance.
Another popular way is to go to court. If the applicant manages to prove that his funds were transferred to the NPF without his knowledge and consent, then the contract is invalidated, and all accumulated funds will be sent back to the previous insurance company. The transfer is carried out within 30 days from the date of entry into force of the court decision.
The best option is to apply for the transfer of your savings to the previous fund. This must be done by the end of this year.

Liability for illegal translation

Improper transfer to NPF without consent has become as big problem that a bill had been passed to provide accountability for such acts.

According to the norms of this act, violators are held liable in the form of a fine, the amount of which depends on who the culprit is:

The organization is subject to a fine of 700,000 rubles.
For an official, the fine is 30,000 rubles.
For a repeated offense committed by an official, an increase in the amount of punishment to 50,000 rubles is provided. or removal from office for up to 2 years.

According to the requirements of Russian legislation, if an organization submits to the state Pension Fund false information about the insurer, due to which the illegal transfer of funds to the NPF occurs, this legal entity is restricted from concluding new insurance contracts.

The FIU itself should come up with such a proposal, it makes no sense for the victim to make a similar request to law enforcement, since this is not in their competence, because in the fraudulent actions of a non-governmental organization there are no signs of a crime provided for by the Criminal Code of the Russian Federation.

Fraud cannot be grounds for bringing the perpetrator to criminal liability, since there is no real damage to the applicant's finances. After all, no one appropriates money, in practice there is only a transfer of the right to save it.

How not to fall for scammers

There are several ways in which a person can maintain his rights and savings.

First of all, do not show your documents to anyone. Representatives of state insurance companies do not go door to door and do not offer their services, and large NPFs also do not need such intrusive and illegal advertising of their services.
You can not sign contracts with unfamiliar representatives from companies.
If a person is worried about the safety of his pension savings, he can apply to the FIU to write an application to keep all contributions unchanged for the next year.
If there is such an appeal from the insurer, the funds cannot be transferred, even if a new application for such a desire is presented.

If a person nevertheless signed such an application, and his funds were transferred to the account of the Non-State Pension Fund, all measures must be taken as soon as possible to correct this error.

Recall that it is possible to transfer savings without loss no more than once every 5 years, otherwise the future pensioner will suffer damage in the form of loss of investment income. In 2019-2020, transferring pension savings without loss is beneficial only to those citizens who last wrote an application for choosing an insurer in 2014, and this application was considered positively by the Pension Fund. In all other cases, the transfer threatens with a loss of investment income, at least for the current year.

In 2019-2020, savings can be transferred to NPFs only by personally contacting the PFR department or through the State Services portal. Now neither state funds nor multifunctional centers accept such applications.

Dear readers!

We describe typical methods resolving legal issues, but each case is unique and requires individual legal assistance.

To date, deception during the transition to the NPF is an acute and urgent problem. Totally agree Last year more than 25% of all transfer applications were false, that is, people's money was transferred to another fund without their consent and notification.

To combat such illegal actions, there is a bill that provides for penalties for violating laws in the range of 700,000 rubles. What to do if your savings were transferred fraudulently?

Illegal transfer to NPF

Illegal transfer to an NPF without the consent of the owner is a serious violation of the law. There are several actions that help keep savings safe and sound:

Do not show your documents to strangers.
In no case should you enter into agreements with suspicious agents of unfamiliar funds.
You can contact the FIU with a request to leave your savings unchanged for the next year. If there is such a statement, the savings will not be transferred under any circumstances.

How scammers cheat

IN judicial practice many cases of illegal transfer to the NPF are being considered. Some representatives make a transfer to another pension fund without notifying the client. To do this, you only need the presence of passport data and a SNILS number. For each person who signs the contract, the agent is paid up to 5,000 rubles.

There are cases when agents bypass apartments and conclude contracts by deceit. Posing as an employee of a pension fund, they gain confidence in a person who thinks that they are representatives of the state fund. After all, in fact, you can’t dig here: the NPF is also a pension fund, but non-state.

Must be remembered! Fraudsters only need your personal data to conclude a new contract. By gaining access to them and forging signatures, unscrupulous agents give contracts to the pension fund. The depositor will know about it only after 2-3 months.

Fight against illegal transfers of pension savings

By law, violators who make illegal transfers are subject to penalties, the amount of which depends on who the culprit is:

For legal entities, the fine is up to 700 thousand rubles;
For officials - 30 thousand rubles;
The repetition of the offense provides for a fine of 50 thousand rubles, or the violator is removed from his post for 2 years.

Savings security check

To avoid illegal actions, it is necessary to periodically check whether your NPF has been changed. To do this, register on the official website of public services and start Personal Area, where you can find out all the necessary information about the status of your account.

What should I do if my savings were transferred to NPFs without my knowledge? If you encounter fraud, you should file a complaint with the NPF, PFR and the Central Bank. To return the savings, you must apply to the judicial authorities. The court recognizes the invalidity of the contract, and the funds will be returned within a period of up to one month.

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SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

July 04, 2014 Golovinsky District Court of Moscow
as part of the presiding judge Novikova E.A.
under Secretary Mayorov D.V.,
examined in open court civil case № 2-1801/12 on the claim Golovinsky interdistrict prosecutor g.Moscow in the interests of Bukvareva A.A. to the Non-profit organization Non-state pension fund "Norilsk Nickel" on the invalidation of the contract on compulsory pension insurance and the transfer of the funded part of the labor pension, the court

SET UP:
Golovinsky interdistrict prosecutor of Moscow filed a lawsuit in the interests of Bukvareva A.A. to the defendant Non-profit organization Non-state pension fund "Norilsk Nickel" and asks to invalidate the agreement on compulsory pension insurance No. 02.12.2010, the parties to which are Bukvareva A.A. and Non-profit organization Non-state pension fund "Norilsk Nickel" and oblige the defendant to transfer the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation.

The plaintiff motivates his claims by the fact that Bukvareva A.A. applied to the prosecutor's office with a statement about the illegal transfer of her pension savings from the Pension Fund of the Russian Federation to the Norilsk Nickel Non-State Pension Fund, since she did not express her will, did not sign the contract, she became aware of the transfer of pension savings from the notification of the Pension Fund of the Russian Federation about making changes to the unified register of insured persons.

At the court session, M.K. Postavnicheva, assistant to the Golovinsky Interdistrict Prosecutor of the City of Moscow, acting on the basis of a power of attorney, supported the claim in terms of the requirements to invalidate the contract on compulsory pension insurance No. dated 02.12. the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation, in view of the transfer of the defendant 30.03.2012g. means of pension savings Bukvareva A.A. in the amount of 26693 rubles. 23 kop. to the Pension Fund of the Russian Federation.

Claimant Bukvareva A.A. the time and place of the hearing notified, the court did not appear.

Defendant Non-profit organization Non-state pension fund "Norilsk Nickel" was notified of the time and place of the court session, the representative did not appear in court.

The third party of the State Pension Fund of the Russian Federation, represented by a representative acting on the basis of a power of attorney Rybnikova Yu.V., supports the claim.

The court, having heard the prosecutor, a representative of a third party of the State Pension Fund of the Russian Federation, acting on the basis of a power of attorney to Yu.V. Rybnikov, having checked and studied the case materials, comes to the following.

According to part 2 of article 1 of the Civil Code of the Russian Federation, citizens ( individuals) and legal entities acquire and exercise their civil rights of their own free will and in their own interest. They are free to establish their rights and obligations on the basis of the contract and to determine any terms of the contract that do not contradict the law.

In accordance with Part 1 of Article 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by this Code, by virtue of its recognition as such by a court (disputable transaction) or regardless of such recognition (void transaction).

According to part 1 of article 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.

By virtue of Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.

In accordance with Article 160 of the Civil Code of the Russian Federation, a transaction in writing must be made by drawing up a document expressing its content and signed by the person or persons making the transaction, or persons duly authorized by them.

According to part 2 of article 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties ...

As established at the hearing and follows from the case file, Bukvareva A.A. was in a contractual relationship for compulsory pension insurance with the Pension Fund of the Russian Federation and had no intention of transferring the funded part of her labor pension to the Non-State Pension Fund Norilsk Nickel. However, according to the notification of the Pension Fund of the Russian Federation of March 17, 2011 received by the plaintiff, the funds of her pension savings were transferred to the Norilsk Nickel Non-State Pension Fund, based on the plaintiff's statement of December 16, 2010. No. on the transfer of pension savings from the state pension fund to the non-state pension fund Norilsk Nickel, as well as newly incoming pension savings reflected in the special part of the personal account No. in accordance with the contract on compulsory pension insurance No. dated 02.12.2010. (ld 5-6.17).

These circumstances are not disputed by the defendant; No. of the pension savings fund of Bukvareva A.A. (No.) in the amount of 26693 rubles. 23 kop. transferred to the Pension Fund of the Russian Federation on March 30, 2012. as part of the amount of 956288514 rubles. 08 kop., which is confirmed by the copy of the payment order No. dated 30.03.2012, an extract from the register dated 30.03.2012, submitted to the case file. No. (serial number No.) (case sheet 52.53); response to the request of the court of the Pension Fund of the Russian Federation dated 19.06.2012. No. that the means of pension savings Bukvareva A.A. were transferred by the non-profit organization Non-State Pension Fund Norilsk Nickel to the Pension Fund of the Russian Federation on March 30, 2012 in the amount of 26,693 rubles. 23 kop. (case file 73).

According to Part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation, the recognition by a party of the circumstances on which the other party bases its claims or objections relieves the latter from the need to further prove these circumstances.

Whereas, the defendant does not dispute the arguments of the plaintiffs to the effect that Bukvareva A.A. did not sign an agreement on compulsory pension insurance No. dated 02.12.10, by virtue of Article 168 of the Civil Code of the Russian Federation, part 1 of Article 167 of the Civil Code of the Russian Federation, the court concludes that this agreement on compulsory pension insurance, the parties to which are Non-State pension fund - Non-profit organization Non-state pension fund "Norilsk Nickel" and Bukvareva A.A., is invalid, since during the trial it was reliably established that Bukvareva A.A. did not express its will to transfer from the Pension Fund of the Russian Federation to the Non-State Pension Fund Norilsk Nickel and transfer pension savings to it, did not sign an agreement with the Non-Commercial Organization Non-State Pension Fund Norilsk Nickel, and therefore the form of the transaction required by law was violated. The legal consequence of the recognition of the contract as invalid is the transfer by the defendant of pension savings Bukvareva A.A. previous insurer - to the Pension Fund of the Russian Federation.

In view of the fact established at the hearing of the transfer defendant 30.03.2012g. means of pension savings Bukvareva A.A. in the amount of 26693 rubles. 23 kop. to the Pension Fund of the Russian Federation, in satisfaction of the requirements in terms of imposing on the defendant the obligation to transfer the funded part of the labor pension Bukvareva A.A. to the Pension Fund of the Russian Federation should be denied.

In accordance with Part 1 of Article 103 of the Code of Civil Procedure of the Russian Federation, a state duty to the budget of the city of Moscow in the amount of 200 rubles is subject to collection from the defendant, from the payment of which the Claimant, by virtue of paragraph 9 of Part 1 of Article 333.36 of the Tax Code Russian Federation, released.

Based on the foregoing, guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court

DECIDED:
To invalidate the contract on compulsory pension insurance No. dated 02.12.2010, the parties to which are the Non-State Pension Fund - Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" and Bukvareva A.A.

Collect from the non-profit organization Non-state pension fund "Norilsk Nickel" the state duty to the budget of Moscow in the amount of 200 rubles.

The rest of the claim is denied.

The decision can be appealed to the Moscow City Court by filing an appeal within a month from the date of the final decision of the court through the office for civil cases of the Golovinsky District Court of Moscow.

Situations when a citizen understands that he was transferred to a new NPF without consent, according to a “fake” application, are quite common. The savings of citizens are transferred to other organizations with a lower interest rate or bad reviews.

Most often, people learn about such a translation by accident. And immediately they have a question, what to do if the money was transferred to the NPF fraudulently? More on this later.

Download for viewing and printing:

The process of transferring the funded part of the pension

There are no mandatory requirements for transferring funds to NPFs in the legislation. Thanks to this, citizens have the opportunity to take advantage of a number of advantages:

The possibility of a significant increase in their pension savings, in comparison with the conditions offered by the state pension fund.
Account holders can independently track the movement of their funds, for example, through special online services.
The conclusion of the contract for the transfer of funds is made only once, there is no need to re-register the documents every year.
All funds kept in NPF accounts are insured. If the company goes bankrupt, all the money will be returned to the owners.
If the applicant is not satisfied with the fund for any reason, he has the right to renew the contract at any time.

When is it possible to transfer a pension without notifying the owner

Most often, scammers act in this way: the agent rings the doorbell of the apartment and asks the tenant to show.

In this case, the following arguments are used:

Registration of various documents, without which the percentage of growth of the funded part may decrease, or such interest will not be accrued.
Conducting a population census in order to draw up inserts that will contain information about valid SNILS.

Rarely there are cases when a person is simply offered to sign a form for transfer to another fund.

Despite the fact that the FIU has repeatedly made statements that its employees do not go from door to door, there are citizens who fall for the bait of such scammers.

How to solve the problem of transferring funds to a non-state pension fund

What to do if there was a transfer to an NPF without consent?

There are 5 ways to solve this problem:

First of all, you need to go to the nearest department of the state FIU and write a statement about the illegal transfer of funds to the NPF. Within a calendar month, the department in each region collects such notifications, after which it sends them to the central FIU to resolve the conflict.
The second option is to send a written claim to the organization where the funds were illegally transferred. The claim reflects the client's disagreement with the transfer of savings, loss of income from investing this part of the pension.
In this case, the citizen has the right to demand the provision of certified copies of the documents on the basis of which his pension savings were transferred to a new organization.
The next way is to file a complaint against the fund's actions with the Central Bank, which regulates and controls the activities of such organizations in the field of compulsory pension insurance.
Another popular way is to go to court. If the applicant manages to prove that his funds were transferred to the NPF without his knowledge and consent, then the contract is invalidated, and all accumulated funds will be sent back to the previous insurance company. The transfer is carried out within 30 days from the date of entry into force of the court decision.
The best option is to apply for the transfer of your savings to the previous fund. This must be done by the end of this year.

Liability for illegal translation

Improper transfer to NPFs without consent has become such a big problem that a bill has been passed making it punishable.

According to the norms of this act, violators are held liable in the form of a fine, the amount of which depends on who the culprit is:

The organization is subject to a fine of 700,000 rubles.
For an official, the fine is 30,000 rubles.
For a repeated offense committed by an official, an increase in the amount of punishment to 50,000 rubles is provided. or removal from office for up to 2 years.

According to the requirements of Russian legislation, if an organization provides false information about the insurer to the State Pension Fund, which causes an illegal transfer of funds to the NPF, this legal entity is restricted from entering into new insurance contracts.

The FIU itself should come up with such a proposal, it makes no sense for the victim to make a similar request to law enforcement agencies, since this is not within their competence, because the fraudulent actions of a non-governmental organization do not contain any signs of a crime provided for by the Criminal Code of the Russian Federation.

How not to fall for scammers

There are several ways in which a person can maintain his rights and savings.

First of all, do not show your documents to anyone. Representatives of state insurance companies do not go door to door and do not offer their services, and large NPFs also do not need such intrusive and illegal advertising of their services.
You can not sign contracts with unfamiliar representatives from companies.
If a person is worried about the safety of his pension savings, he can apply to the FIU to write an application to keep all contributions unchanged for the next year.
If there is such an appeal from the insurer, the funds cannot be transferred, even if a new application for such a desire is presented.

If a person nevertheless signed such an application, and his funds were transferred to the account of the Non-State Pension Fund, all measures must be taken as soon as possible to correct this error.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.