LAW OF UKRAINE

of July 9, 2003 No. 1058-IV

About obligatory national pension insurance

This Law drafted according to the Constitution of Ukraine and Bases of the legislation of Ukraine on obligatory national social insurance determines the principles, bases and mechanisms of functioning of system of obligatory national pension insurance, appointment, recalculation and pension payment, rendering social services from the means of the Pension fund created at the expense of insurance premiums of employers, budget and other sources provided by this Law and also regulates procedure for forming of the Accumulation pension fund and financing at the expense of its means of expenses on payment of insurance contracts of life pensions or lump sum payments to insured persons, members of their families and to other persons provided by this Law.

Change of conditions and regulations of obligatory national pension insurance is performed only by introduction of amendments to this Law.

Section I General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

actuarial calculations - the financial analysis of short and long-term consequences of functioning of system of obligatory national pension insurance containing the forecast of financial flows, assessment of financial liabilities, the long-term forecast of condition and stability of system, the detailed analysis of short and long-term financial consequences of any changes in this system;

activities for asset management - professional activity on asset management of institution investors which procedure is determined by the legislation on the capital markets and the organized goods markets;

life pension (annuity) - retirement benefit at the expense of means which are considered on the accumulation retirement account of insured person, and in the cases provided by the law - on the individual retirement account of the member of non-state pension fund which amount and payment procedure are determined in the insurance contract of life pension signed with insurance company which is paid person after achievement in it of the retirement age provided by this Law, to either members of her family or heirs in the cases provided by this Law;

insured person - physical person which according to this Law is subject to obligatory national pension insurance and pays (paid) and/or for which insurance premiums for obligatory national pension insurance and are paid or paid to accumulative system of obligatory national pension insurance in the procedure established by the law;

the keeper - the bank performing the activities according to the legislation on banks and banking activity is elected by results of tender and meets the requirements of this Law concerning storage of assets and servicing of means of the Accumulation fund;

investment revenue - the surplus amount of cost of pension assets of the Accumulation pension fund for certain period received for the account of change of their market value, and profit (loss) from implementation of transactions with assets and the passive incomes added behind these pension assets;

investment profit (loss) - difference between the amount of investment revenue of the Accumulation pension fund gained for certain period and the amount of the administrative expenses of the Accumulation pension fund for this period on fee determined according to this Law;

coefficient of insurance years of service - the size determined according to this Law for shortchanging of insurance years of service in case of calculation of the size of pension in solidary system of obligatory national pension insurance;

the company on asset management - the legal entity exercising asset management based on the license for implementation of professional activity in the capital markets (activities for asset management of institution investors) is also elected following the results of tender;

tender - process of determination on the competitive principles of the legal entity (group of legal entities) who offered the best services (performance of works) in accumulative system of pension insurance in the procedure determined by this Law;

minimum pension - the state social guarantee which size is determined by this Law;

the minimum insurance premium - the amount of means which is determined it is settlement as the work of the size of minimum wage and the size of single fee on obligatory national social insurance established by the law for month for which there is salary (income);

the accumulation retirement account - part of personal accounting card in system of the personified accounting which displays condition of pension assets of insured person in accumulative system of obligatory national pension insurance;

the accumulation pension fund (further - the Accumulation fund) the trust off-budget fund created according to this Law, accumulating insurance premiums of insured persons which are considered on accumulation retirement accounts and are invested for the purpose of receipt of investment revenue for benefit of insured persons which pension assets, are used for payment of insurance contracts of life pensions or lump sum payments to insured persons, and in the cases provided by this Law, to members of their families or heirs and on other purposes provided by this Law;

non-state pension fund - the non-state pension fund created and operating according to the legislation on non-state pension provision;

disabled citizens - persons who reached the age established by this Law granting the right to award of pension on age, including on favorable terms and early pension, or person with disability including children with disability, and also persons who have pension entitlement in connection with loss of the supporter according to the law;

unit of pension assets - indicator of system of the personified accounting which is applied to determination of the amount of the pension means belonging to the participant of accumulative system of pension insurance and are considered on its accumulation retirement account in the Accumulation fund or in the cases provided by the law - on the individual retirement account in the relevant non-state pension fund - the subject of the second level of system of provision of pensions;

lump sum payment - the retirement benefit performed in case of achievement by the insured person of retirement age and in other cases on the conditions and according to the procedure determined by this Law at the expense of means of the Accumulation fund;

the main directions of investment policy - the document which according to requirements of this Law determines the directions, and restrictions of investment of means of the Accumulation fund, levels of investment revenue, amount of funds for administrative expenses, financing expenses of payment of insurance contracts of life pensions and lump sum payments in the corresponding year;

retirement benefits - the money payments in system of obligatory national pension insurance performed in the form of pension, life pension or lump sum payment;

pension - monthly retirement benefit in solidary system of obligatory national pension insurance which is received by insured person in case of achievement by it of the retirement age provided by this Law or recognition by his face with disability or members of his family in the cases determined by this Law receive;

pension assets of accumulative system of pension insurance - money, financial instruments, property rights and obligations concerning them which are created according to this Law in the Accumulation fund or in the cases provided by the law - in non-state pension funds - subjects of the second level of system of provision of pensions;

the pensioner - person who according to this Law receives pension, life pension, or members of his family who receive pension in case of the death of this person in the cases provided by this Law;

the personified accounting in system of obligatory national social insurance (further - the personified accounting) - the organization and accounting of information about insured person which is performed according to the legislation and is used in system of obligatory national social insurance in the procedure established by the legislation;

the paragraph of the twenty sixth is excluded;

the paragraph of the twenty seventh is excluded;

the paragraph of the twenty eighth is excluded;

the working pensioner - person who is granted pension and who is insured according to Items 1 - 7, 11 - 13 parts one of article 11 of this Law;

representatives of insured persons - labor unions or their associations or other representatives hired employees bodies (representatives);

representatives of employers - the organizations of employers, their consolidation or other representatives employers bodies (representatives);

professional activity on asset management regarding pension assets - professional activity, is determined by the Law of Ukraine "About the capital markets and the organized goods markets" and connected with management of pension assets of the Accumulation fund for the purpose of preserving their cost and receipt of investment revenue for benefit of insured persons;

Council of the Accumulation fund - the supreme collegiate organ of management of accumulative system of obligatory national pension insurance which is created and is effective according to the procedure, determined by this Law;

the employer - the owner of the company, organization, organization or the body authorized by it irrespective of patterns of ownership, type of activity and managing; the physical person using work of hired employees (including foreigners who work at legal causes on hiring in Ukraine); the owner of the overseas enterprise located in Ukraine, organization, the organization (including international), branch and representation, the using work of hired employees if other is not provided by international treaties of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine;

social services - the services rendered to persons at the expense of means of the Pension fund on the conditions and according to the procedure determined by this Law;

insurance years of service - the period (term) during which person was subject to the national social insurance which or for which collection on compulsory national pension insurance according to earlier existing legislation was paid, and/or is subject to obligatory national pension insurance according to this Law and for which insurance premiums are paid;

insurance premiums - funds of assignments for social insurance, collection for the compulsory national pension insurance and insurance premiums for obligatory national pension insurance paid (which are subject to payment) according to the legislation which was effective earlier; receipts from payment of single fee on obligatory national social insurance which are allocated for obligatory national pension insurance the money paid under the agreement on voluntary payment of insurance premiums for obligatory national pension insurance;

the insurance company - the insurer having the license for carrying out life insurance also conforms to the requirements established by the National Bank of Ukraine, and the Law of Ukraine "About insurance";

insurers are employers and other persons who according to the law pay single fee on obligatory national social insurance and/or are payers according to this Law;

authorized bank - the bank performing the activities according to the legislation on banks and banking activity and making settlement and cash transactions with means of the Pension fund;

the seriously ill child to whom disability is not established, - the child sick with crushing perinatal defeat of nervous system, heavy congenital malformation, rare orphan disease, oncological, oncohematological disease, cerebral palsy, heavy mental disturbance, diabetes of the I type (insulin-dependent), acute or chronic disease of kidneys of the IV degree, the child who got severe injury, needing transplantation of body, needing palliative care to whom disability is not established;

net value of unit of pension assets - estimated cost of unit of pension assets which is determined according to the procedure, provided by this Law, way of division of net value of pension assets into total quantity of units of pension assets as of day of calculation;

net value of pension assets - difference between the cost of pension assets on the date of carrying out calculation and the total amount of the obligations of the Accumulation fund which are subject to execution on the date of carrying out calculation which is calculated for technique and according to the procedure, determined by the National commission on securities and the stock market in coordination with the National Bank of Ukraine.

The term "elderly person" is used in this Law in the value given in the Law of Ukraine "About the basic principles of social protection of veterans of work and other citizens of old age in Ukraine".

The terms "controller", "control", "affiliate" and "connected person" are used in the values given in the Law of Ukraine "About financial services and state regulation of the markets of financial services".

The terms "financial instrument" and "capital markets" are used in this Law in the values given in the Law of Ukraine "About the capital markets and the organized goods markets"

Article 2. Structure of system of provision of pensions in Ukraine

1. The system of provision of pensions in Ukraine consists of three levels.

The first level - the solidary system of obligatory national pension insurance (further - solidary system) which is based on the principles of solidarity, subsidizing and implementation of pension payment and rendering social services at the expense of means of the Pension fund on the conditions and according to the procedure provided by this Law.

The second level - the accumulative system of obligatory national pension insurance (further - accumulative system of pension insurance) which is based on the principles of accumulating of means of insured persons in the Accumulation fund or in the relevant non-state pension funds - subjects of the second level of system of provision of pensions and implementation of financing of expenses on payment of insurance contracts of life pensions and lump sum payments on conditions and according to the procedure, provided by the law.

The third level - the system of non-state pension provision which is based on the principles of voluntary participation of citizens, employers and their associations in forming of pension accruals for the purpose of receipt of retirement benefits by citizens on conditions and according to the procedure, stipulated by the legislation about non-state pension provision.

2. The first and second levels of system of provision of pensions in Ukraine constitute system of obligatory national pension insurance.

The second and third levels of system of provision of pensions in Ukraine constitute system of accumulative provision of pensions.

3. For separate categories of citizens conditions, regulations and the procedure for their provision of pensions other than obligatory national pension insurance and non-state pension provision can be established by the laws of Ukraine.

4. Citizens of Ukraine can be participants and receive retirement benefits at the same time from different levels of system of provision of pensions in Ukraine. Obligation of participation or restriction concerning participation of citizens in appropriate levels of system of provision of pensions in Ukraine and receipt of retirement benefits are established by the laws concerning provision of pensions.

Questions of participation of foreigners and stateless persons in system of provision of pensions in Ukraine and participations of citizens of Ukraine in foreign pension systems are regulated by respectively this Law, other laws concerning provision of pensions and international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.

Article 3. Subjects of system of provision of pensions in Ukraine

1. Subjects of solidary system are:

insured persons, and in some cases, determined by this Law, - members of their families and other persons;

insurers;

Pension fund;

authorized bank;

the companies, organizations, the organizations (further - the organizations) performing payment and delivery of pensions.

2. Subjects of system of accumulative provision of pensions are:

persons for benefit of whom are performed accumulating, including transfer of fees and investment of means (participants);

persons who or on behalf of which are performed transfers of fees (investors);

Accumulation fund;

non-state pension funds;

legal entities who perform activities for administration of non-state pension funds, management and storage of pension assets;

insurance companies which signed insurance contracts of life pension with participants, risk insurances of approach of disability or the death of the participant;

bank institutions which signed contracts on opening of retirement deposit accounts.

Article 4. The legislation on provision of pensions in Ukraine

1. The legislation on provision of pensions is based on the Constitution of Ukraine, consists of Bases of the legislation of Ukraine on obligatory national social insurance, this Law, the laws of Ukraine "About non-state pension provision", "About the status and social protection of citizens which suffered owing to the Chernobyl catastrophic crash", "About provision of pensions of persons discharged from military service and some other persons", international treaties on provision of pensions which consent to be bound is this the Verkhovna Rada of Ukraine (further - the laws on provision of pensions), and also other laws and regulatory legal acts adopted according to the laws on provision of pensions which govern the relations in the sphere of provision of pensions in Ukraine.

2. If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other regulations, than those which are stipulated by the legislation Ukraine about provision of pensions then are applied regulations of the international treaty.

3. Only are determined by the laws on provision of pensions:

types of provision of pensions;

conditions of participation in the pension system or its levels;

retirement age for men and women in case of which achievement person has the right to retirement benefits;

sources of forming of means which are aimed at provision of pensions;

conditions, regulations and procedure for provision of pensions;

the organization and procedure of management in system of provision of pensions.

Article 5. Law coverage

1. This Law governs the relations arising between subjects of system of obligatory national pension and social insurance. Action of other regulatory legal acts can extend to these relations only in the cases provided by this Law and the Law of Ukraine "About obligatory national social insurance".

2. Are determined by exclusively this Law:

principles and structure of system of obligatory national pension insurance;

the group of people, subject to obligatory national pension insurance;

types of retirement benefits;

conditions of acquisition of right and procedure for determination of the sizes of retirement benefits;

retirement age of men and women in case of which achievement person has the right to award of pension on age;

minimum size of old-age pension;

procedure of retirement benefits on obligatory national pension insurance;

procedure for use of means of the Pension fund and Accumulation fund of accumulative system of pension insurance;

the organization and procedure of management in system of obligatory national pension and social insurance.

Article 6. Social payments to disabled citizens

1. Disabled citizens except retirement benefits from system of provision of pensions have the right to receive surcharges, allowances and increase to the specified payments, additional pension according to the procedure of and at the expense of the means determined by the legislation.

2. If set of the payments specified in part one of this Article together with retirement benefits from system of provision of pensions and other income do not reach the size of the subsistence minimum determined by the law for disabled citizens, such citizens have the right to the public social benefit according to the procedure, the sizes and at the expense of the means determined by the law.

Article 7. Principles of obligatory national pension insurance

1. Obligatory national pension insurance is performed by the principles:

legislative determination of conditions and procedure of obligatory national pension insurance;

obligation of insurance of persons working at conditions of the employment contract (contract) and other bases stipulated by the legislation, and also persons providing themselves with work independently, physical persons - entrepreneurs;

voluntary participation in system of obligatory national pension insurance of persons for whom it is not performed / payment of insurance premiums, and also the rights to additional payment of insurance premiums under the agreement on voluntary payment of insurance premiums for obligatory national pension insurance was not performed;

interest of each able-bodied person in own material security after retirement;

equality of insured persons concerning receipt of retirement benefits and accomplishment of obligations on payment of insurance premiums for obligatory national pension insurance;

differentiations of the sizes of pensions depending on duration of insurance years of service and the size of the salary (income);

solidarity and subsidizing in solidary system;

financings of expenses on pension payment, rendering social services at the expense of insurance premiums, budgetary funds and means of the trust funds;

the directions of part of insurance premiums in the Accumulation fund of accumulative system of pension insurance for implementation of payment of insurance contracts of life pension and lump sum payment depending on the amount of accumulatings of insured person taking into account investment revenue;

the state sales warranties insured persons of the rights provided by this Law;

publicity, transparency and availability of pension fund activity;

obligation of financing at the expense of means of the Pension fund of the expenses connected with pension payment and rendering social services in the amounts provided by this Law;

target and effective use of means of obligatory national pension insurance;

responsibility of subjects of system of obligatory national pension insurance for violation of regulations of this Law, and also, for non-execution or improper execution of the obligations assigned to them.

2. Pensions, other types of social payments and benefits which are the main source of existence shall provide level of living, not below the subsistence minimum established by the law.

Article 8. Right of citizens of Ukraine to receipt of retirement benefits and social services

1. The right to pensions and social services from solidary system have:

1) the citizens of Ukraine insured according to this Law and who reached the retirement age established by this Law or recognized as persons with disability in the procedure established by the legislation and having insurance years of service, necessary for purpose of the corresponding type of pension, and in case of the death of these persons - the members of their families specified in article 36 of this Law and other persons provided by this Law;

2) persons who about day of entry into force of this Law were granted pension according to the Law of Ukraine "About provision of pensions" (except social pensions) or pension (monthly perpetual monetary pay) under other legal acts was granted, but they had the right to award of pension under the Law of Ukraine "About provision of pensions" - under condition if they do not receive pension (monthly perpetual monetary pay) from other sources, and also in the cases provided by this Law - members of their families.

2. Insured persons and members of their families and/or heirs on conditions and according to the procedure, determined by this Law have the right to life pension and lump sum payment for the account of means of the Accumulation fund of accumulative system of pension insurance.

3. Persons who voluntarily paid insurance premiums according to the procedure and the sizes established by the law to solidary system and/or accumulative system of pension insurance have the right on the conditions determined by this Law to receipt of pension and social services at the expense of funds of the Pension fund and/or for receipt of life pension or lump sum payment for the account of means of accumulative system of pension insurance.

4. The foreigners and stateless persons staying in Ukraine on legal causes have the right to retirement benefits and social services from system of obligatory national pension insurance on an equal basis with citizens of Ukraine on conditions and according to the procedure, provided by this Law if other is not provided by international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.

Article 9. Types of retirement benefits and social services

1. According to this Law in solidary system the following retirement benefits are appointed:

1) old-age pension;

2) disability pension;

3) pension in connection with loss of the supporter.

2. At the expense of means of accumulative system of pension insurance which are considered on accumulation retirement accounts of the Accumulation fund or on individual retirement accounts in the relevant non-state pension funds - subjects of the second level of system of provision of pensions such retirement benefits as life pensions and one-time payment are performed.

3. Social services at the expense of means of the Pension fund are rendered in solidary system.

The help on burial of the pensioner belongs to the social services provided by this Law.

Article 10. Option of retirement benefits

1. To person having at the same time the right to different types of pension (on age, on disability, in connection with loss of the supporter), one of these types of pension at its choice is appointed.

2. To person having the right to life pension one of types of life pension at its choice is appointed.

Article 11. Persons who are subject to obligatory national pension insurance

Are subject to obligatory national pension insurance:

1) citizens of Ukraine, foreigners (if other is not established by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine) and the stateless persons working at the companies in organizations, the organizations created according to the legislation of Ukraine irrespective of the pattern of ownership, type of activity and managing including which are residents Action of City in branches, representations, departments and other separate divisions of these companies and the organizations, in public associations, in physical persons entrepreneurs, persons performing independent professional activity and at other physical persons on the terms of the employment contract (contract) or work at other conditions, stipulated by the legislation, or perform works (provide services) at the specified companies, in organizations, the organizations or at physical persons on gigabyte contracts, to other agreements of civil nature;

2) physical persons entrepreneurs, including those which chose simplified taxation system;

3) persons performing independent professional activity, namely scientific, literary, artistic, art, educational or teaching, and also medical, legal practice, including lawyer, notarial activities, or the faces performing religious (missionary) activities other similar activities also gain income from these activities;

4) the citizens of Ukraine working in located outside Ukraine, branches, representations, other separate divisions of the companies and the organizations (including international) created according to the legislation of Ukraine (if other is not established by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine);

4-1) employees of diplomatic service sent to long-term business trip;

5) the citizens of Ukraine and stateless persons working in foreign diplomatic representations and consular establishments of foreign states, branches, representations, other separate divisions of overseas enterprises and the organizations, the international organizations located in the territory of Ukraine (if another is not established by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine);

6) persons working at elective offices in public authorities, local government bodies, public associations also receive the salary (remuneration) for work on such positions;

7) persons who undergo compulsory military service in the Armed Forces of Ukraine formed according to the law other military forming, the Security Service of Ukraine and service in bodies and divisions of civil protection;

8) persons who look after the child before achievement of three-year age by him and according to the law receive child care allowance before achievement of three-year age by it and/or in case of the child's birth, in case of adoption of the child;

9) one of unemployed able-bodied parents, adoptive parents, the guardian, the custodian, one of adoptive parents, parents tutors who actually perform child care with disability the seriously ill child to whom disability, and also idle able-bodied persons which perform face care with disability of the I group or behind person which reached retirement age, stipulated in Clause 26th this Law is not established and according to the conclusion of medical institution requires permanent foreign care if such idle able-bodied persons receive the help, the allowance or compensation according to the legislation;

10) persons who receive the help with temporary disability, and also the persons who are on maternity leave and receiving the help in connection with pregnancy and childbirth;

11) the military personnel (except the military personnel of conscription service), police officers, face of the private and the commanding structure, including those which pass military service during the special period determined by the laws of Ukraine "About mobilization preparation and mobilization" and "About conscription and military service";

12) foster tutors, parents tutors of orphanages of family type, adoptive parents if they receive cash cover according to the legislation;

13) members of farm if they do not treat persons who are subject to insurance on other bases;

14) the unemployed of other of spouses of the employee of diplomatic service who is abroad in the place of long-term business trip of such worker;

15) citizens of Ukraine, concerning which according to the Law of Ukraine "About social and legal protection of persons, concerning which established fact of deprivation of personal liberty as a result of the armed aggression against Ukraine, and members of their families" established fact of deprivation of personal liberty as a result of the armed aggression against Ukraine.

Article 12. Voluntary participation in system of obligatory national pension insurance

1. The persons which reached 16-year age and not belonging to the group of people, subject to obligatory national pension insurance according to article 11 of this Law, including persons studying in higher educational institutions on day form of education and also in postgraduate study and doctoral studies, the foreigners and persons without citizenship who are constantly living or working at the territory of Ukraine the citizens of Ukraine who are constantly living or working outside Ukraine if other is not established by international treaties which consent to be bound is this the Verkhovna Rada of Ukraine, have the right to voluntary participation in system of obligatory national pension insurance.

Specified persons can take voluntary part in solidary system or in accumulative system of pension insurance, or at the same time in both systems according to the signed agreement on voluntary participation in system of obligatory national social insurance (further - the agreement on voluntary participation) according to the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance.

2.  part 2 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

3.  part 3 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

4. part 4 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

5. part 5 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

6.  part 6 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

7.  part 7 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

8.  part 8 of Article 12 is excluded according to the Law of Ukraine of 04.04.2013 No. 184-VII

9. Persons who reached 16-year age and do not treat persons who are granted pension in solidary system, have the right to voluntary payment of insurance premiums for obligatory national pension insurance according to the agreement on voluntary payment of insurance premiums for obligatory national pension insurance which is signed with the Pension fund.

The agreement on voluntary payment of insurance premiums for obligatory national pension insurance is signed by person who is identified by use of the qualified digital signature, electronic system of identification "Bank ID" or other means of identification of the personality which gives the chance unambiguously to identify the applicant, electronically through the Single state web portal of electronic services (further - the Action Portal), including with use of mobile application of the Action Portal (further - the Action mobile application), or through the web portal of electronic services of the Pension fund by accession to the standard agreement about voluntary payment of insurance premiums for obligatory national pension insurance (further - the standard agreement).

The agreement on voluntary payment of insurance premiums for obligatory national pension insurance can be signed for benefit of the third party meeting the requirements provided by paragraph one of this part except person, information on whom is absent in information base of system of the personified accounting.

Person for benefit of whom the agreement on voluntary payment of insurance premiums for obligatory national pension insurance is signed can refuse the right granted to it based on the agreement, at any time, but no later than three years from payment date of insurance premiums. Person reports the Pension fund through private office of insured person on the web portal of electronic services of the Pension fund about such refusal. The amount of the insurance premiums paid under such agreement are credited in the budget of the Pension fund.

The standard agreement and procedure for its conclusion affirm the Pension fund in coordination with the central executive body providing forming of state policy in the sphere of social protection of the population and provide the following:

for the conclusion of the agreement person having intention to sign the agreement reports data on itself and on person for benefit of whom insurance premiums will be paid (surname, own name, middle name (in the presence), birth date, registration number of accounting card of the taxpayer or series and passport number (for physical persons which through the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport), confirms the compliance or compliance of person for benefit of which insurance premiums will be paid, to requirements of this part, about acquaintance and consent with terms of the contract;

independent determination by person signing the agreement, the size of insurance premiums, frequency and terms of their payment;

the amount of the paid insurance premiums are credited in month in which means arrived into the account of the Pension fund and if taking into account the single fee which is actually paid for person on obligatory national social insurance for the corresponding month the wages amount (income) estimated according to part four of article 40 of this law with which insurance premiums are actually paid will exceed the maximum size of the salary (income) with which insurance premiums are paid, the corresponding part of means is enlisted in the account of the next month;

information on payment of insurance premiums in system of the personified accounting is entered by the Pension fund automatically upon transfer of means about what the message in private office of insured person on the web portal of electronic services of the Pension fund is created.

Cash amounts under the agreement on voluntary payment of insurance premiums for obligatory national pension insurance are subject to payment into the account of the Pension fund opened in authorized bank, and are not subject to return, except cases of wrong money transfer into the account of the Pension fund.

Article 13. Termination of participation in system of obligatory national pension insurance

1. Participation of insured persons in system of obligatory national pension insurance stops:

if person which is subject to obligatory national pension insurance according to this Law lost the status of insured person determined by this Law;

in case of expiration of the contract about voluntary participation or early termination of this agreement in the cases provided by this Law;

if insured person according to this Law is granted pension and it does not continue to work or if insured person according to this Law acquired the right to life pension or lump sum payment;

in case of the death of insured person.

2. If person did not pay insurance premiums for obligatory national pension insurance during study, during recognition by person with disability, temporary trip abroad, etc., behind it the right to the acquired insurance years of service and the right to pension assets which are considered on its accumulation retirement account in the Accumulation fund or on the individual retirement account in the relevant non-state pension fund - the subject of the second level of system of provision of pensions remains.

3. Person which stopped participation in system of obligatory national pension insurance can resume the participation in this type of insurance with acquisition of the status by it according to which it is subject to obligatory national pension insurance according to this Law or in the way of the conclusion in the procedure for the agreement on voluntary participation established by this Law.

Article 14. Insurers

Insurers according to this Law are:

1) employers:

the companies, organizations and the organizations created according to the legislation of Ukraine, irrespective of pattern of ownership, type of activity and managing, consolidation of citizens, labor unions, political parties (including branches, representations, departments and other separate divisions of the specified companies, organizations, the organizations, associations of citizens, labor unions, political parties which have separate balance and independently conduct settlings with insured persons), physical persons - entrepreneurs and other persons (including legal entities and physical person - entrepreneurs who chose special method of the taxation (the single tax, the fixed agricultural tax), using work of physical persons on the terms of the employment contract (contract) or on other conditions, stipulated by the legislation, or under agreements of civil nature, for persons, specified in Items 1, 4-1, 10, of the 14th article 11 of this Law;

the paragraph third is excluded;

the branches, representations, other separate divisions of the companies and the organizations (including international) created according to the legislation of Ukraine, having separate balance and which are independently perfroming calculations with insured persons - for persons specified in item 4 of article 11 of this Law;

foreign diplomatic representations and consular establishments of foreign states, branches, representations, other separate divisions of overseas enterprises and the organizations, the international organizations located in the territory of Ukraine - for persons specified in Item 5 of article 11 of this Law;

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