Situations when a citizen understands that he was transferred to a new NPF without consent, based on a “false” application, occur quite often. Citizens' savings are transferred to other organizations with less interest rate or bad reviews.

Most often, people learn about such a translation by accident. And the question immediately arises: 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

A transfer to a non-state pension fund without the client’s consent 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 Pension Fund of Russia 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 contributions is that this money will become an addition to the pension, which is what most citizens are interested in. This 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 transfer all savings by inheritance. That is, in the event of a sudden death of the insurer, the funds will go to his relatives and will 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 benefits:

The opportunity to significantly increase your 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 an agreement for the transfer of funds is carried out only once; there is no need to re-issue documents every year.
All cash funds stored in NPF accounts are insured. If the company goes bankrupt, all money will be returned to the owners.
If for some reason the applicant is not satisfied with the fund, 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 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 their interests and “sell” a new contract to the hapless client.

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

In this case, the following arguments are used:

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

There are rarely cases when a person is simply asked to sign a form about transferring to another fund.

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

Another way in which a transfer to a non-state pension fund is carried out without the client’s consent is through paperwork at a recruitment agency. Often, along with a contract for the provision of services, a person is given an application to transfer pension savings 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 is a transfer to a non-state pension fund without consent?

There are 5 ways you can solve this problem:

First of all, you need to go to the nearest office of the state Pension Fund and write a statement about the illegal transfer of funds to the NPF. During the calendar month, the department in each region collects such notifications, after which it sends them to the central Pension Fund to resolve the conflict.
The second option is to send a written complaint to the organization where the funds were illegally transferred. The claim reflects the client’s disagreement with the transfer of savings and the 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 documents on the basis of which his pension savings were transferred to the new organization.
The next way is to file a complaint about the actions of the fund 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 will be declared invalid, and all accumulated funds will be sent again to the previous insurance company. The transfer is carried out within 30 days from the date the court decision enters into force.
The best option is to submit an application to transfer your savings to the previous fund. This must be done before the end of this year.

Responsibility for illegal translation

Wrongful transfer to a non-state pension fund without consent has become so big problem that a bill has been passed providing for liability for such actions.

According to the provisions of this act, violators are held accountable 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, the penalty is increased to 50,000 rubles. or removal from office for a period of up to 2 years.

According to the requirements of Russian legislation, if an organization provides to the state Pension Fund inaccurate information about the insurer, which is why the illegal transfer of funds to the NPF occurs, this legal entity is subject to a restriction on concluding new insurance contracts.

The Pension Fund itself should make such a proposal; there is no point in the victim making a similar request to law enforcement agencies, since this is not within 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.

Deception cannot be a basis for bringing the perpetrator to criminal liability, since there is no real damage to the applicant’s finances. After all, no one appropriates funds; in practice, only the transfer of the right to preserve them occurs.

How to avoid falling for scammers

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

First of all, you should 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 non-state pension funds also do not need such intrusive and illegal advertising of their services.
You cannot sign contracts with unfamiliar company representatives.
If a person is concerned about the safety of his pension savings, he can contact the Pension Fund to write an application to keep all contributions unchanged for the next year.
If there is such a request from the insurer, the funds cannot be transferred, even if a new application for such a desire is submitted.

If a person nevertheless signed such a statement, and his funds were transferred to the account of a Non-State Pension Fund, it is necessary to take all measures as soon as possible to correct this error.

Let us remind you that it is possible to transfer savings without loss more often 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 for those citizens who last wrote an application to choose an insurer in 2014, and this application was considered positively by the Pension Fund. In all other cases, the transfer threatens the loss of investment income for at least the current year.

In 2019-2020, the transfer of savings to NPFs can only be carried out by personally contacting the Pension Fund office or through the State Services portal. Now neither state funds nor Multifunctional Centers accept such applications.

Dear readers!

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

Today, fraud when transferring to a non-state pension fund is an acute and pressing problem. Totally agree Last year Over 25% of all applications for transfers of funds 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 providing for penalties of up to 700,000 rubles for those who violate the laws. What to do if your savings were transferred fraudulently?

Illegal transfer to NPF

Illegal transfer to a non-state pension fund without the consent of the owner is a serious violation of the law. There are several actions to help keep your savings safe and sound:

You cannot show your documents to strangers.
Under no circumstances should you enter into agreements with suspicious agents of unfamiliar funds.
You can contact the Pension Fund 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 deceive

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

There are cases when agents go around apartments and conclude contracts fraudulently. By introducing themselves as an employee of a pension fund, they gain the trust of a person who thinks that they are representatives of a state fund. After all, in fact, you can’t undermine here: the NPF is also a pension fund, but a non-state one.

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

Combating illegal transfers of pension savings

According to the 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;
Repeating the offense involves a fine of 50 thousand rubles or the offender is suspended from his position for 2 years.

Checking the safety of savings

To avoid illegal actions, you need to periodically check whether your NPF has been changed. To do this, register on the official website of government services and create 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 a non-state pension fund without my knowledge? If you encounter fraud, you should file a complaint with the NPF, Pension Fund and the Central Bank. To return savings, you must submit an application to the judicial authorities. The court recognizes the invalidity of the contract, and the funds will be returned within up to one month.

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SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

July 4, 2014 Golovinsky District Court of Moscow
as part of the presiding judge Novikova E.A.
under secretary D.V. Mayorov,
Having considered in open court civil case No. 2-1801/12 at the claim of the Golovinsky interdistrict prosecutor of Moscow in the interests of A.A. Bukvareva. to the non-profit organization Non-state Pension Fund "Norilsk Nickel" on the invalidation of the agreement on compulsory pension insurance and the transfer of the funded part of the labor pension, court

INSTALLED:
The Golovinsky interdistrict prosecutor of Moscow filed a lawsuit in the interests of A.A. Bukvareva. to the defendant Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" and asks to invalidate the agreement on compulsory pension insurance No. dated 02.12.2010, the parties to which are A.A. Bukvareva. and the Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" and oblige the defendant to transfer the funded part of the labor pension to A.A. Bukvareva. to the Pension Fund of the Russian Federation.

The plaintiff motivates his demands by the fact that Bukvareva A.A. filed a complaint with the prosecutor's office about the illegal transfer of her pension savings funds from the Pension Fund of the Russian Federation to the Non-State Pension Fund "Norilsk Nickel", since she did not express the corresponding will, did not sign the agreement, she learned about the transfer of pension savings funds from the notification of the Pension Fund of the Russian Federation about making changes to the unified register of insured persons.

At the court hearing, the assistant to the Golovinsky Interdistrict Prosecutor of Moscow, M.K. Postavnicheva, acting on the basis of a power of attorney, supported the claim regarding the requirements to invalidate the compulsory pension insurance agreement No. dated 02.12.10, explaining that she does not support the requirements for the defendant’s obligation to transfer accumulative part of the labor pension of Bukvareva A.A. to the Pension Fund of the Russian Federation, due to the transfer by the defendant on March 30, 2012. funds of pension savings Bukvareva A.A. in the amount of 26,693 rubles. 23 kopecks to the Pension Fund of the Russian Federation.

Plaintiff Bukvareva A.A. was notified of the time and place of the court hearing, but did not appear in court.

The defendant, the non-profit organization Non-State Pension Fund "Norilsk Nickel", was notified of the time and place of the court hearing, but the representative did not appear in court.

The third party 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 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, due to its recognition as such by the court (voidable 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 of its completion.

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 contestable 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 must be concluded in writing by drawing up a document expressing its contents and signed by the person or persons making the transaction, or their duly authorized persons.

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 court hearing and follows from the case materials, 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 received by the plaintiff from the Pension Fund of the Russian Federation dated March 17, 2011, her pension savings were transferred to the Non-State Pension Fund Norilsk Nickel, based on the plaintiff’s application dated December 16, 2010. No. on the transfer of pension savings funds from the state pension fund to the non-state pension fund "Norilsk Nickel", as well as newly received pension savings funds reflected in the special part of the personal account No., in accordance with the agreement on compulsory pension insurance No. dated 02.12.2010. (ld. 5-6.17).

These circumstances are not disputed by the defendant; in the case file, the defendant Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" submitted a certificate stating that, in accordance with the Notification of amendments to the unified register of insured persons dated March 15, 2012. No. of the pension savings fund of Bukvareva A.A. (No.) in the amount of 26,693 rubles. 23 kopecks transferred to the Pension Fund of the Russian Federation on March 30, 2012. included in the amount of RUB 956,288,514. 08 kopecks, which is confirmed by the copy of payment order No. dated 03/30/2012 submitted to the case materials, and an extract from the register dated 03/30/2012. No. (serial number No.) (case sheet 52,53); in response to a request from the court of the Pension Fund of the Russian Federation dated June 19, 2012. No. that the pension savings funds of A.A. Bukvareva 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 kopecks (case file 73).

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

Taking into account that the defendant does not dispute the plaintiffs’ arguments that Bukvareva A.A. did not sign the 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 comes to the conclusion 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-Profit Organization Non-State Pension Fund "Norilsk Nickel", and therefore the form of the transaction required by law was violated. The legal consequence of recognizing the agreement as invalid is the transfer by the defendant of pension savings to A.A. Bukvareva. to the previous insurer - to the Pension Fund of the Russian Federation.

Taking into account the fact established at the court hearing that the defendant transferred on March 30, 2012. funds of pension savings Bukvareva A.A. in the amount of 26,693 rubles. 23 kopecks to the Pension Fund of the Russian Federation, to satisfy the requirements in terms of imposing on the defendant the obligation to transfer the funded part of the labor pension to Bukvareva A.A. application 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, the defendant is subject to collection of a state duty to the budget of the city of Moscow in the amount of 200 rubles, from which the plaintiff, by virtue of Clause 9 of Part 1 of Article 333.36 of the Tax Code, is waived Russian Federation, released.

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

DECIDED:
Invalidate the agreement 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 A.A. Bukvareva.

To collect from the Non-Profit Organization Non-State Pension Fund "Norilsk Nickel" a state duty to the Moscow budget 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 the court decision was made in final form through the office for civil cases of the Golovinsky District Court of Moscow.

Most often, people learn about such a translation by accident. And the question immediately arises: 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 benefits:

The opportunity to significantly increase your 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 an agreement for the transfer of funds is carried out only once; there is no need to re-issue documents every year.
All funds stored in NPF accounts are insured. If the company goes bankrupt, all money will be returned to the owners.
If for some reason the applicant is not satisfied with the fund, 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 this way: the agent rings the doorbell of the apartment and asks the tenant to show it.

In this case, the following arguments are used:

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

There are rarely cases when a person is simply asked to sign a form about transferring to another fund.

Despite the fact that the Pension Fund of Russia has repeatedly made statements that its employees do not go 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 is a transfer to a non-state pension fund without consent?

There are 5 ways you can solve this problem:

First of all, you need to go to the nearest office of the state Pension Fund and write a statement about the illegal transfer of funds to the NPF. During the calendar month, the department in each region collects such notifications, after which it sends them to the central Pension Fund to resolve the conflict.
The second option is to send a written complaint to the organization where the funds were illegally transferred. The claim reflects the client’s disagreement with the transfer of savings and the 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 documents on the basis of which his pension savings were transferred to the new organization.
The next way is to file a complaint about the actions of the fund 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 will be declared invalid, and all accumulated funds will be sent again to the previous insurance company. The transfer is carried out within 30 days from the date the court decision enters into force.
The best option is to submit an application to transfer your savings to the previous fund. This must be done before the end of this year.

Responsibility for illegal translation

Wrongful transfer to a non-state pension fund without consent has become such a big problem that a bill has been passed providing for liability for such actions.

According to the provisions of this act, violators are held accountable 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, the penalty is increased to 50,000 rubles. or removal from office for a period of 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 is why an unlawful transfer of funds to a non-state pension fund occurs, this legal entity is subject to a restriction on concluding new insurance contracts.

The Pension Fund itself should make such a proposal; there is no point in the victim making 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 have any signs of a crime provided for by the Criminal Code of the Russian Federation.

How to avoid falling for scammers

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

First of all, you should 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 non-state pension funds also do not need such intrusive and illegal advertising of their services.
You cannot sign contracts with unfamiliar company representatives.
If a person is concerned about the safety of his pension savings, he can contact the Pension Fund to write an application to keep all contributions unchanged for the next year.
If there is such a request from the insurer, the funds cannot be transferred, even if a new application for such a desire is submitted.

Dear readers!

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