The Law of Ukraine
On Pension Provision of Military Personnel, Persons of Senior Staff and the Ranks of Bodies of Internal Affairs and Some Other Persons
Date of Entry into Force:
March 1, 1992
The Law of Ukraine “On Pension Provision of Military Personnel, Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons” (hereinafter the Law) determines the conditions, norms and procedure of pension provision of Ukrainian citizens - the military personnel of Armed Forces of Ukraine, State Frontier Service of Ukraine, Security Service of Ukraine, Administration of State Protection of Ukraine, of other created in accordance with Ukrainian Laws military units (hereinafter military men), senior staff and the ranks of Ukrainian bodies of domestic affairs, senior staff of tax militia, senior staff and the ranks of Ukrainian criminal executive system, senior staff and the ranks of state fire security and members of their families, military personnel of former USSR Armed Forces, bodies of state security and internal affairs of USSR, Ukrainian National Guards, military personnel who in the period of Great Patriotic War served in 1st Czech army corps under the command of L. Slobody and members of their families. The Law also envisages pension provision of citizens of other states from the military personnel of armed forces and other military units created in accordance with the current legislation of these states as well as of members of their families who permanently reside in Ukraine (hereinafter the persons who have pension by Law) according to the international agreements on pension provision of such citizens conducted between Ukraine and other states which are subject to approval by the Verkhovna Rada of Ukraine. Such citizens shall be provided with pension in compliance with the legislation of the state where they live.
The officers' staff, ensigns and warrant officers, military men doing additional service and military service by contract, persons who have the right to pension by this Law shall have the right to life-long long-service pension, if they have long-service record in military service, service in the bodies of internal affairs and in the state fire protection service. The military men, the persons who have the right to pension by this Law and who became disabled on the conditions provided for by this Law shall acquire the right to disability pension. The members of families of military personnel and the persons who have the right to pension by this Law, who died or is missing, have right to pension in case of loss of the bread-winner. The military personnel, the persons who have the right to pension by this Law and members of their families who simultaneously have right to different state pensions shall be appointed one pension on their choice. Pensions shall not be subject to taxation.
The Law also determines amounts (including minimum), supplementary pensions and procedure of payment to the persons who have the right to pension by the Law, to long-service pensions, to disability pensions, to pensions in case of loss of the bread-winner. Chapter 5 of the Law determines the salary based on which pensions are calculated, the procedure of pensions calculation and increase.
Applications for appointment of pensions to the military personnel doing service for a fixed period and to members of their families shall be submitted to district (city) council of Ukrainian Pension Fund in the place of residence. The officers' staff, ensigns and warrant officers, military personnel doing additional service and military service by contract, persons who have the right to pension by this Law and members of their families shall apply to pension provision bodies of Ministry of Defense of Ukraine, to the specially authorized central body of executive power on issues related to Ukraine's state border protection, to Administration of State Protection, to other military units, to Security Service of Ukraine, to Ukraine's Ministry of Internal Affairs, to Ukraine's State Tax Administration, to Ukraine's State Department on the issues of punishment execution, to Ministry of Ukraine of Emergencies and Affairs of Population Protection from Consequences of Chornobyl Catastrophe.
If there amount of pensions appointed to the military personnel doing service for a fixed period and to their families is changed, recalculation of these pensions shall be conducted according to the terms set by Article 84 of the Law of Ukraine “On Pension Provision”. Pensions to the officers' staff, ensigns and warrant officers, military personnel doing additional service and military service by contract, persons who have the right to pension by this Law and members of their families shall be recalculated from the first day of the month following the month when change of pension amount took place. If thereto the pensioner acquired the right to pension increase, he may be paid difference between the pensions for not more than 12 months.
The pensioners from military personnel of service for a fixed period and members of their families pensions shall be paid by the bodies of State Pension Fund of Ukraine in the place of pensioner's actual residence regardless to registration. The pension may be paid by the letter of attorney which certification and validity term is determined by the legislation. The pensions appointed according to this Law shall be paid without taking into consideration received salary (profit). The sums of pensions calculated to the pensioners from the military personnel, to the persons who have the right to pension by this Law and to members of their families which were not received by them on time shall be paid for the term not exceeding 3 years before application for such pensions. The sums of pensions which have were not received by the pensioners on time because of the body which appoints or pays the pension shall be paid for the passed term without any term limit.
The pensioners shall inform the pension provision bodies about the circumstances causing change of the pension amount or stop of its payment. In case of non-fulfillment of this obligation and receipt as a result of it excess pension sums the pensioners shall compensate caused damage to the pension provision body. Prosecution of the pension sums which were paid to the pensioner as a result of giving documents with deliberately false information, non-provision of information about the change of family etc. is accomplished in the procedure set by Article 103 of the Law of Ukraine “On Pension Provision”.
Recalculation of before appointed pensions to the military personnel, to the persons who have the right to pension by this Law and to the members of their families due to coming into effect of this Law shall be conducted by the documents present in the pension case as well as by the additional documents given by the pensioners during the recalculation term. If the pensioner later on gives additional documents which give the right to further pension increase, pension shall be recalculated by the norms of this Law. Thereto recalculation shall be conducted for the passed time, but for the term not exceeding 12 months since the day of presenting new documents and not earlier than from the day this Law comes into effect. The pensions appointed to the military personnel, to the persons who have the right to pension by this Law and to the members of their families shall be recalculated with increase of monetary provision of the respective categories of military men and persons who have the right to pension by this Law.