Law of Ukraine
"On Ratification of the Agreement between Ukraine and the Republic of Estonia in the Sphere of Social Security"
Date of entry into force:
December 2, 2011
The Agreement between Ukraine and the Republic of Estonia in the Sphere of Social Security (hereinafter referred to as "Agreement") was concluded on October 5, 2010, in Tallinn.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
According to Article 2 of the Agreement, it applies to the following legislation:
- in Ukraine – legislation that regulates: mandatory state pension insurance; mandatory state social insurance against industrial accidents and occupational diseases; mandatory state social unemployment insurance; state benefits for families with children related to one-time childbirth allowance and assistance for care of a child under the age of three (hereinafter referred to as family benefits); funeral payment;
- in the Republic of Estonia – legislation that regulates: mandatory state pension insurance; compensation of damages in case of industrial accidents and occupational diseases; unemployment allowance and compensation; parental allowance and state family allowance (hereinafter referred to as family benefits); funeral payment.
Persons to whom the Agreement applies that reside on the territory of one of the Parties shall possess the same rights to benefits, pensions and compensation, and the same obligations as the citizens of that Party possess according to the legislation of that Party (Article 4 of the Agreement).
Preventing simultaneous payment of allowance, pension, compensation, and the use of legislation applicable to persons is envisaged in Chapter 5 of the Agreement.
According to Article 6 of the Agreement, if the pension entitlement arises under the legislation of one Party without consideration of the pensionable service carried out under the legislation of the other Party, the respective Party shall only award the pension for the pensionable service carried out under its legislation, regardless of the person's residence on the territory of one of the Parties. If the pension entitlement arises based on the accumulated pensionable service, the pension shall be awarded based on the pensionable service carried out under the legislation of each of the Parties, provided that the other Party is not paying the pension for the same pensionable service. Each of the Parties awards and pays the pension based on the actual pensionable service carried out on its territory, unless the Agreement envisages otherwise. If the pension entitlement arises based on a special law and/or in relation to working in a certain occupation or in certain conditions, the pension based on this is awarded and paid only by the Party on whose territory the pension entitlement arose, and only according to its legislation. Periods of work in a certain occupation or in certain conditions carried out under the legislation of the Parties are not accumulated. If the pension entitlement does not arise under the above legislation of either Party, these periods are treated on general terms when the pension is awarded. If the total duration of pensionable service carried out under the legislation of one of the Parties does not exceed one year, the competent authority of the other Party takes this service into consideration when awarding and paying the pension, and the income (earnings) of this period are not taken into account. If a pensioner leaves the territory of one Party to reside on the territory of the other Party after this Agreement comes into effect, the awarded pension will continue to be paid by the Party that awarded it. A person receiving age or disability pension from one of the Parties is not awarded survivor's pension under the legislation of the other Party, or the people's pension of the Republic of Estonia. Payment of survivor's pension awarded by one of the Parties is stopped if the other Party awards the beneficiary age or disability pension. Payment of the people's pension of the Republic of Estonia is stopped if the other Party awards the beneficiary any pension under its legislation. When awarding the pension, the competent authorities of each Party calculate the length of pensionable service and income only under its national legislation.
Compensation of damages due to a workplace accident, occupational disease or death for the above reasons is carried out according to Article 8 of the Agreement.
If the right to unemployment assistance or allowance arises based on the pensionable service under the legislation of the Parties, accumulation of pensionable service according to the Agreement shall include pensionable service carried out under the legislation of each Party, provided that it does not coincide in time, partially or completely. A person residing on the territory of one of the Parties, whose last work place was located on the territory of the other Party is entitled to unemployment assistance or allowance according to the legislation of the Party of their residence (Article 9 of the Agreement).
According to Article 10 of the Agreement, family benefits are awarded and paid by the Party on whose territory the family resides, under the legislation of such Party. If the right to family benefits arises under the legislation of both Parties, the benefits are paid by the Party on whose territory the child is residing.
Article 11 of the Agreement is dedicated to awarding and payment of child care benefits.