RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 22, 2018 No. 649

Question of debt repayment on retirement benefits on the judgments

 Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for debt repayment on retirement benefits on the judgments which is applied.

2. Determine that for execution of judgments which to bodies of the Pension fund of Ukraine assign obligations on charge (recalculation) of retirement and other related benefits which are financed from the government budget payment of the means added for the period to the introduction of the judgment in legal force is performed according to Procedure for debt repayment on retirement benefits on the judgments approved by this resolution.

3. Bring in the budget of the Pension fund of Ukraine for 2018 approved by the resolution of the Cabinet of Ministers of Ukraine of January 11, 2018 No. 8 (The Official Bulletin of Ukraine, 2018, No. 8, the Art. 310), changes which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 22, 2018, No. 649

Procedure for debt repayment on retirement benefits on the judgments

1. This Procedure determines the mechanism of debt repayment, formed owing to charge (recalculation) of retirement benefits in pursuance of judgments at the expense of the means provided in the government budget of the Pension fund of Ukraine on this purpose.

2. In this Procedure terms are used in such value:

the debtor - the body of the Pension fund determined by court the debtor performed by the judgment;

the claimant - physical person for benefit of which the decision is passed;

decisions - the judgments which took legal effect and issued or entries into force of the Law of Ukraine accepted later  "About guarantees of the state concerning accomplishment of judgments" in pursuance of which to the claimant the pension or monthly perpetual monetary pay to judges in resignation (allowances, increases, compensations of loss of part of the income, the monetary assistance) financed by means of the government budget is added and remain unpaid, or the judgments about money recovery.

Other terms are used in the value given in the Laws of Ukraine "About enforcement proceeding" and "About guarantees of the state concerning accomplishment of judgments".

3. The debtor records decisions in the register of decisions which accomplishment is performed according to the separate budget program (further - the register), according to the procedure established by the Pension fund of Ukraine.

4. The priority of accomplishment of decisions is determined by date of their receipt to the debtor.

5. For confirmation of the amount which is subject to payment, the debtor gives to the Pension fund of Ukraine:

the document confirming receipt date of the judgment to the debtor;

copy of the judgment (judgments) or writ of execution;

the calculation of the amount which is subject to payment, certified by the head of the debtor or person authorized by it.

6. Check of justification of the amount calculated by the debtor which is subject to payment is carried out in the Pension fund of Ukraine by the commission concerning debt repayment on retirement benefits on the judgments (further - the commission).

7. The commission is formed as a part of at least seven people. The staff of the commission, its chairman, the vice-chairman and the secretary affirm the Chairman of the board of the Pension fund of Ukraine.

Commission session is competent on condition of presence on it at least two thirds of its structure and are carried out in case of need, but at least once a month.

8. The commission accepts one of the following decisions:

about availability of the bases for payment of the amount specified in calculation;

about lack of the bases for payment of the amount specified in calculation.

In case of lack of the bases for payment of the amount specified in calculation in five-day time the commission reports to the debtor about the made decision, having specified at the same time causes of failure.

In case of need the commission can make the decision on return of materials to the debtor to completion.

9. Decisions of the commission are made by open voting and are considered accepted if most of the members who are present at its meeting voted for them.

Decisions are drawn up by the protocol in which in the presence of the bases offers on money transfer are specified the account of the debtor. The protocol is signed by all members of the commission and it is represented to the Chairman of the board of the Pension fund of Ukraine who no later than three working days makes the decision on assignment.

10. Assignment for payment is performed by the Pension fund of Ukraine within the available budget settings to the Pension fund of Ukraine on this purpose by money transfer to the debtor.

11. The debtor in three-day time reports to the claimant about assignment and no later than ten working days from the date of receipt of funds within the period of pension payment established by the Law of Ukraine "About obligatory national pension insurance" shall perform payment to the claimant of the amount which is subject to payment, according to the procedure, stipulated in Clause 47 specified the Law.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 22, 2018 No. 649

Changes which are made to the budget of the Pension fund of Ukraine for 2018

1. In the Section "Income":

1) in line item "on provision of pensions of the military personnel, pension payment, the allowances and increases intended according to different pension plans covering of deficit of means of the Pension fund of Ukraine of" figure "118 764 493,7" to replace with figures "118 714 493,7";

2) after line item

add with such line item:

2. In the Section "Expenses":

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