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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 4, 2019 No. 986

About approval of the Procedure for capitalization of payments in Social Insurance Fund in cases of liquidation of insurers

Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for capitalization of payments in Social Insurance Fund in cases of liquidation of insurers which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 , No. 986

Procedure for capitalization of payments in Social Insurance Fund in cases of liquidation of insurers

1. According to this Procedure capitalization of payments in Social Insurance Fund in liquidation cases (including in connection with bankruptcy) the insurer (further - payments) for satisfaction of the requirements which arose from its obligations owing to damnification of life and to health to insured persons is performed.

2. In this Procedure the term "capitalization of payments" means determination of the amount of the monetary commitments of the insurer in case of its liquidation (including in connection with bankruptcy) which arose owing to damnification of life and to health to insured faces which should be paid to Social Insurance Fund of Ukraine for ensuring insurance payments and expenses on obligatory national social insurance from labor accident and occupational disease which entailed disability.

The terms "insured person" and "insurers" are used in the value given in the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance".

3. Capitalization of payments is made concerning each insured person taking into account debt for previous years and necessary further payments for ensuring insurance payments and expenses on obligatory national social insurance from labor accident and occupational disease which entailed disability. During capitalization of payments the salary of the victim, percent of loss of professional working capacity, expenses on care of the victim, on rehabilitation, prosthetics, acquisition of vehicles, types of the public assistance according to the medical certificate, lump-sum allowance in case of permanent loss of professional working capacity or the death of the victim, and and other payments, stipulated by the legislation are considered.

4. Capitalization of payments before insured persons or before persons determined in article 41 of the Law of Ukraine "About obligatory national social insurance" is calculated for the period determined as difference between average remaining life expectancy for men and women in the country and age of person at the time of its carrying out and is estimated concerning each payment as follows:

1) monthly insurance payments of the lost earnings - taking into account average monthly earnings and extent of loss of professional working capacity;

2) expenses on care of the victim according to the medical certificate - according to the regulations established by regulatory legal acts;

3) costs for providing the victim with the car free of charge or on favorable terms, the organization and payment of instruction of driving of the car, and also on payment of compensation on gasoline (fuel), repair and maintenance of cars or on transport servicing - according to the regulations established by regulatory legal acts;

4) expenses on sanatorium treatment - at the rate of average cost of the sanatorium permit: for persons with disability of the I group - annually, for other persons with disability - at least once in three years.

5. Capitalization of payments before insured persons on expenses on professional training or retraining of the victim according to the individual program of rehabilitation (if since establishment of extent of loss of professional working capacity there passed no more than one year) is made at the rate of average monthly earnings during the term determined by the program of rehabilitation.

6. Capitalization of payments is made for providing expenses on the one-time help in case of permanent loss of professional working capacity or the death of the victim in the sizes established according to the Law of Ukraine "About obligatory national social insurance". Charge of such payment is performed based on the conclusion of medical institution about possibility of approach of permanent loss of professional working capacity or the death of the victim.

7. Capitalization of payments includes debt of the insurer on the payments connected with its obligations to compensate the harm done to life or health of insured person, namely the amount of lump-sum allowance, monthly payments of the lost earnings, expenses on care of the victim and payments for disability leaves.

8. In creditor requirements of Social Insurance Fund of Ukraine to the insurer concerning whom liquidation is begun the amount of monetary commitments estimated taking into account each payment, which is subject to capitalization is specified.

The amounts of the capitalized payments according to the specified creditor requirements in cases of liquidation of the insurer are transferred to working body of executive directorate of Social Insurance Fund of Ukraine in which the insurer stays on the registry.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 , No. 986

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of May 6, 2000 No. 765 "About implementation of articles 45 and 92 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (The Official Bulletin of Ukraine, 2000, No. 19, the Art. 786).

2. The resolution of the Cabinet of Ministers of Ukraine of May 16, 2007 No. 743 "About modification of the Procedure for capitalization of payments for satisfaction of the requirements which arose from obligations of the bankrupt company to citizens owing to damnification of their life and to health" (The Official Bulletin of Ukraine, 2007, No. 37, the Art. 1492).

3. The resolution of the Cabinet of Ministers of Ukraine of December 26, 2012 No. 1195 "About introduction of amendments to the resolution of the Cabinet of Ministers of Ukraine of May 6, 2000 No. 765" (The Official Bulletin of Ukraine, 2012, No. 99, the Art. 4012).

 

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