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LAW OF UKRAINE

of November 5, 1991 No. 1788-XII

About provision of pensions

(The last edition from 22-05-2018)

This Law according to the Constitution of Ukraine guarantees to all disabled citizens of Ukraine right to maintenance at the expense of public funds of consumption by provision of retirement and social pensions.

The law is directed to that socially useful work as source of growth of welfare of the people and each person was more fully considered, establishes unity of conditions and regulations of provision of pensions of workers, members of kolkhozes and other categories of workers.

The law guarantees social security of pensioners by establishment of pensions at the level oriented to subsistence minimum and also regular review of their sizes in connection with increase in the size of the minimum consumer budget and increase in efficiency of economy of the republic.

Section 1. General provisions

Article 1. Right of citizens of Ukraine to the state provision of pensions

Citizens of Ukraine have the right to the state provision of pensions on age, on disability, in connection with loss of the supporter and in other cases provided by this Law.

The Foreigners and persons without citizenship living in Ukraine have pension entitlement on an equal basis with citizens of Ukraine on conditions, stipulated by the legislation or interstate agreements.

Provision of pensions of the citizens of Ukraine living beyond its limits is made on the basis of agreements (agreements) with other states.

When agreements (agreements) between Ukraine and other states provide other rules, than those which contain in this Law are applied the rules established by these agreements (agreements).

Article 2. Types of national pensions

Under this Law are appointed:

a) work pensions:

on age;

on disability;

on the occasion of loss of the supporter;

for long service;

b) voided

Article 3. Persons having the right to work pension

Persons occupied with socially useful work in case of observance of other conditions provided by this Law have the right to work pension:

a) working at the companies, in organizations, the organizations, cooperatives (including under agreements of civil nature), irrespective of the used patterns of ownership and managing, or being members of kolkhozes and other cooperatives, - on condition of payment by the companies and organizations of insurance premiums in the Pension fund of Ukraine;

b) engaged in the business activity based on personal property of physical person and only its work - on condition of payment of insurance premiums in the Pension fund of Ukraine;

c) members of the creative unions, and also other creative specialists who are not members of such unions - on condition of payment of insurance premiums in the Pension fund of Ukraine;

d) other persons which are subject to the national social insurance;

e) the workers of paramilitary forces who are not subject to the national social insurance, faces of the commanding and ordinary structure of courier service;

e) pupils, pupils, students, cadets, listeners, trainees, clinical interns, graduate students, doctoral candidates;

є) persons which became disabled people in connection with accomplishment of the state or public duties or in connection with accomplishment of actions for rescue of human life, protection of the state-owned, collective and individual property and also on protection of law and order;

g) persons performing care of the disabled person of 1 group or the handicapped child aged up to 16 years and also for the pensioner who according to the conclusion of medical institution needs permanent foreign care;

h) members of families of persons specified in this Article and pensioners from among these persons - in case of loss of the supporter.

Article 4. Provision of pensions of the military personnel and their families

Conditions, regulations and procedure for provision of pensions of the military personnel, and also faces of the commanding and ordinary structure of law-enforcement bodies, police officers and members of their families are established by the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons". They are granted also the right to pensions on the bases provided by this Law irrespective of the place of passing of military service. At the same time all types of cash allowance of the military personnel, and also faces of the commanding and ordinary structure of law-enforcement bodies, police are considered on an equal basis with the salary of workers and employees.

Article 5. Persons having the right to social pension

(Article 5 voided regarding purpose of social pensions according to the Law No. 2603-IV of 31.05.2005)

 All disabled citizens on the conditions determined by this Law have the right to social pension.

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