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LAW OF UKRAINE

of November 5, 1991 No. 1788-XII

About provision of pensions

(as amended on 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) ceased to be valid

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.

Article 6. Pension option

Persons having at the same time the right to various national pensions are granted one pension at their choice, except for pensions to disabled people owing to wound, contusions or mutilations received in case of protection of the Homeland or in case of execution of other obligations of military service or owing to the disease connected with stay at the front or with execution of international debt.

Article 7. Request for award of pension

The request for award of pension can be performed after emergence of pension entitlement at any time.

At the same time old-age pensions and on disability are appointed irrespective of, work by the time of the request for pension is stopped or continues. Long-service pensions are granted when leaving the work granting the right to this pension.

Article 8. Funds for pension payment. Release of pensions from taxes

Pension payment is performed from means of the Pension fund of Ukraine.

The pension fund of Ukraine is independent Financial bank system, is not part of the government budget of Ukraine, is created at the expense of the means deducted by the companies and the organizations (including by those which use work of citizens under agreements of civil nature) on measures of social insurance for the rates differentiated depending on danger, harm, weight of works and condition of other working conditions, insurance premiums of the citizens who are engaged in business activity, compulsory insurance premiums of citizens, and also means of the government budget of Ukraine.

Financing of expenses on pension payment is made on all territory of Ukraine monthly irrespective of receipt of funds and social and economic condition of specific regions due to funds redistribution of the Pension fund of Ukraine within the country. The gap in terms of financing of expenses on pension payment in different administrative and territorial units is forbidden.

Pensions are not subject to taxation.

Article 9. Voluntary insurance of additional pension

Along with the state provision of pensions workers have the right to sign contracts of voluntary insurance of additional pension. Source for payment of additional pension in system of the Ukrainian state insurance commercial organization (Ukrgosstrakh) is the insurance fund consisting for 50 percent from personal fees of workers and for 50 percent - from means of the government budget of Ukraine.

The companies and the organizations for the decision of administration and elected body of primary trade-union organization (the trade-union representative) if it is provided by the collective agreement (agreement), and also can compensate kolkhozes and other cooperatives for the decision of general meeting to workers at the expense of own means intended for compensation, fully or partially the fees paid by them under agreements of voluntary insurance of additional pension.

Article 10. The bodies performing provision of pensions

Provision of pensions according to this Law is performed by bodies of the Pension fund of Ukraine.

Article 11. The questions relating to maintaining the Cabinet of Ministers of Ukraine

The questions connected with realization and observance of the guarantees provided by this Law belong to maintaining the Cabinet of Ministers of Ukraine.

Section II. Work pensions 

Old-age pensions

Article 12. Conditions of award of pension on age

The pension entitlement on age is had:

men - on reaching 60 years and in case of length of service at least 25 years;

women - on reaching 55 years and in case of length of service at least 20 years.

Article 13. Old-age pensions on favorable terms

On favorable terms have pension entitlement on age, irrespective of the place of the latest work:

a) the workers occupied full time at underground works, at works with especially harmful and especially severe conditions of work - according to the list No. 1 of productions, works, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine and by results of certification of workplaces - after achievement of 50 years and in case of length of service at least 25 years at men, from them at least 10 years at the specified works, and at least 20 years at women, from them at least 7 years 6 months at the specified works.

Before achievement of the age established by paragraph one of this Item, on age women of 1975 of year of birth on favorable terms have pension entitlement and are more senior after achievement of such age by them:

45 years - till March 31, 1970 inclusive;

45 years 6 months - from April 1, 1970 to September 30, 1970;

46 years - from October 1, 1970 to March 31, 1971;

46 years 6 months - from April 1, 1971 to September 30, 1971;

47 years - from October 1, 1971 to March 31, 1972;

47 years 6 months - from April 1, 1972 to September 30, 1972;

48 years - from October 1, 1972 to March 31, 1973;

48 years 6 months - from April 1, 1973 to September 30, 1973;

49 years - from October 1, 1973 to March 31, 1974;

49 years 6 months - from April 1, 1974 to September 30, 1974;

50 years - from October 1, 1974 to December 31, 1975.

In the absence of the length of service established by paragraph one of this Item during the period till April 1, 2024 the old-age pension on favorable terms is granted in the presence of length of service:

from April 1, 2015 to March 31, 2016 - at least 20 years 6 months at men and at least 15 years 6 months at women;

from April 1, 2016 to March 31, 2017 - at least 21 years men have also at least 16 years at women;

from April 1, 2017 to March 31, 2018 - at least 21 years 6 months men have also at least 16 years 6 months at women;

from April 1, 2018 to March 31, 2019 - at least 22 years at men and at least 17 years at women;

from April 1, 2019 to March 31, 2020 - at least 22 years 6 months at men and at least 17 years 6 months at women;

from April 1, 2020 to March 31, 2021 - at least 23 years at men and at least 18 years at women;

from April 1, 2021 to March 31, 2022 - at least 23 years 6 months at men and at least 18 years 6 months at women;

from April 1, 2022 to March 31, 2023 - at least 24 years at men and at least 19 years at women;

from April 1, 2023 to March 31, 2024 - at least 24 years 6 months at men and at least 19 years 6 months at women.

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