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LAW OF UKRAINE

of April 9, 1992 No. 2262-XII

About provision of pensions of persons discharged from military service and some other persons

(as amended on 30-03-2021)

This Law determines conditions, regulations and procedure for provision of pensions of citizens of Ukraine from among persons which were on military service, service in law-enforcement bodies, National police, Service of judicial protection, faces of the commanding and ordinary structure of Public service of special communication and information security of Ukraine, the state fire protection, Public service of special communication and information security of Ukraine bodies and divisions of civil protection, tax police or the Public criminal and executive service of Ukraine and some other persons having pension entitlement under this Law.

The law is intended for realization by persons having pension entitlement under this Law of the constitutional right on the state provision of pensions in the cases provided by the Constitution of Ukraine and this Law and is directed to establishment of unity of conditions and regulations of provision of pensions of the specified category of citizens of Ukraine.

The state guarantees worthy provision of pensions of persons having pension entitlement under this Law by establishment of pensions by it not below the subsistence minimum determined by the law, recalculation of the granted pensions in connection with increase in level of cash allowance, provision of stipulated by the legislation state social guarantees, acceptance at the national level of the measures directed to their social protection.

Section I. General provisions

Article 1. Types of provision of pensions

Faces of officers, ensigns and warrant officers, the military personnel of extra urgent service and military service under the contract, persons having pension entitlement under this Law in the presence of the period of service established by this Law on military service, service in law-enforcement bodies, National police, Service of judicial protection and in the state fire protection, service in Public service of special communication and information security of Ukraine in bodies and divisions of civil protection, tax police State criminal and executive services of Ukraine have the right to life pension for long service.

The military personnel, persons having pension entitlement under this Law, who became persons with disability under the conditions provided by this Law acquire pension entitlement on disability.

The members of families of the military personnel, persons having pension entitlement under this Law, the dead or the dead or missing persons have pension entitlement on the occasion of loss of the supporter.

Article 1-1. The legislation on provision of pensions of persons discharged from military service and some other persons having pension entitlement under this Law

The legislation on provision of pensions of persons discharged from military service and some other persons having pension entitlement under this Law is based on the Constitution of Ukraine and consists of this Law, the Law of Ukraine "About obligatory national pension insurance" and other regulatory legal acts of Ukraine adopted according to these laws.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other regulations on provision of pensions of persons discharged from military service, and some other persons having pension entitlement under this Law, then regulations of the international treaty are applied.

Change of conditions and regulations of provision of pensions of persons discharged from military service and some other persons having pension entitlement under this Law is performed only by introduction of amendments to this Law and the Law of Ukraine "About obligatory national pension insurance".

Article 1-2. Persons having the right to provision of pensions on the terms of this Law

The right to provision of pensions on the terms of this Law is had dismissed from service (except cases of award of pension on the occasion of loss of the supporter to the wife (husband) taking into account requirements of part five of article 30 of this Law, it is appointed irrespective of dismissal from service):

a) faces of officers, ensigns and warrant officers, the military personnel of extra urgent service and military service under the contract;

b) faces of the commanding and ordinary structure of law-enforcement bodies of Ukraine, police officers, the staff of Service of judicial protection, faces of the commanding structure of tax police, face of the commanding and ordinary structure of the Public criminal and executive service of Ukraine, face of the commanding and ordinary structure of bodies and divisions of civil protection;

c) persons from among the military personnel of Armed Forces, other military forming, the state security agencies and internal affairs of the former USSR, National guard of Ukraine, Border troops of Ukraine, troops of civil defense of Ukraine;

d) faces of the commanding and ordinary structure of the state fire protection, face of the commanding and ordinary structure of Public service of special communication and information security of Ukraine;

e) the citizens of other states from among the military personnel of the armed forces and other military forming formed according to the legislation of these states who are constantly living in Ukraine and according to international treaties which consent to be bound is this the Verkhovna Rada of Ukraine their provision of pensions is performed according to the legislation of the state in the territory of which they live;

e) persons specified in articles 3 and 4 of this Law;

є) persons from among the military personnel of conscription service and members of families of faces of officers, ensigns and warrant officers, the military personnel of extra urgent service and military service under the contract and some other persons having pension entitlement under this Law in the cases provided by this Law;

g) government employees and employees of educational, medical institutions and research establishments of the Ministry of Internal Affairs of Ukraine or police from among former employees of militia who as of day of publication of the Law of Ukraine "About National police" served in law-enforcement bodies and had calendar period of service at least five years and continued work in the Ministry of Internal Affairs of Ukraine or police (their territorial authorities, institutions and organizations) on the positions replaced by government employees according to the Law of Ukraine "About public service", and in educational, medical institutions and scientifically research organizations - on any positions.

Article 2. Conditions of provision of pensions

To the military personnel, persons, having pension entitlement under this Law, having the right to provision of pensions, pensions according to this Law are granted and paid after their dismissal from service.

To pensioners from among military personnel and persons who receive pension under this Law in case of repeated acceptance military service in the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming, Public service of special communication and information security of Ukraine and the Public special service of transport, service in National police of Service of judicial protection,  bodies and divisions of civil protection, tax police and the Public criminal and executive service of Ukraine pension payment for the period of service stops. In case of the subsequent dismissal from service of these persons payment of pensions to them is performed taking into account general length of service on the date of the last dismissal.

To pensioners from among the military personnel and persons receiving pension under this Law, in case of their appeal on military service during mobilization, for the special period, military service of persons from among reservists during the special period or acceptances on military service under the contract, including by the conclusion of the new contract for passing of military service, in the Armed Forces of Ukraine, other military forming formed according to the laws of Ukraine, bodies and divisions of civil protection during action of the special period for a period of up to its termination or about day of the actual dismissal pension payment does not stop. After dismissal from service of these persons payment of pensions to them is performed taking into account additional length of service since their appeal on military service during mobilization, for the special period, military service of persons from among reservists during the special period or their repeated acceptance on service under the contract, including by the conclusion of the new contract for passing of military service, about day of the actual dismissal. If the new size of pension of these persons is lower than the size which they received to appeal or their repeated acceptance on service, payment of pensions to them is performed in the amount of which they received to appeal or acceptance on service during the special period.

The procedure for storage specified in part three of this Article, charges and pension payments extends to pensioners from among the military personnel and persons receiving pension under this Law, employed to positions of police officers in divisions of police of special function.

To the military personnel, persons, having pension entitlement under this Law of disability pension, and pensions on the occasion of loss of the supporter are granted to members of their families irrespective of service life.

Article 3. Persons having the right to pensions on an equal basis with military personnel of conscription service and members of their families

Conditions, regulations and the procedure for provision of pensions established by this Law for the military personnel of conscription service and members of their families extend also (if other is not provided) on:

a) the guerrillas and underground workers recognized as those the legislation of Ukraine who did not hold command positions, and members of their families;

b) workers and employees of the corresponding categories determined by the Cabinet of Ministers of Ukraine who became persons with disability in connection with wound, mutilation or owing to the disease connected with stay on military service during World War II or at work in war zones (on front sites of the railroads, construction of defensive boundaries, naval bases, airfields etc.), and members of their families;

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