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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 13, 2008 No. 45

About approval of the Procedure for carrying out pension recalculation, appointed according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" and introduction of amendments to the Resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 No. 393

(as amended on 21-08-2019)

According to part four of article 63 of the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for carrying out pension recalculation, the appointed according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" which is applied.

2. Bring in the resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 No. 393 "About procedure for calculation of length of service, appointment and pension payment and the monetary assistance to faces of officers, to ensigns, warrant officers, the military personnel of extra urgent service and military service under the contract, faces of the commanding and ordinary structure of law-enforcement bodies and members of their families" (the joint venture of Ukraine, 1992, No. 7, Art. 182; Official Bulletin of Ukraine, 2007, No. 10, Art. 359) following changes:

1) in Item 7:

add Item after the paragraph of third with the new paragraph of the following content:

"For persons who are dismissed from service in 2008-2009 (except persons, payment of cash cover which it was performed on conditions and according to the procedure, No. determined by resolutions of the Cabinet of Ministers of Ukraine of August 17, 2005 748, of September 3, 2005 No. 865, of March 9, 2006 No. 268 and of November 15, 2006 No. 1588) or which died (died) during noted period, the average monthly amount of monthly additional types of cash cover and award is determined by division of total amount of such types of cash cover for the last actual months of service in a row before dismissal (death), since January, 2008 on the number of such months. At the same time for persons dismissed in January, 2008, the amount of monthly additional types of cash cover and award is determined on the date of dismissal from service at the rate of such payments for complete month.".

With respect thereto the fourth - the eighth to consider paragraphs respectively paragraphs the fifth - the ninth;

word in paragraph eight "the paragraph the fifth" shall be replaced with words "the paragraph the sixth";

Item 8 to exclude 2).

Prime Minister of Ukraine

Yu. Tymoshenko

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 13, 2008, No. 45

Procedure for carrying out pension recalculation, the appointed according to the Law of Ukraine "About pension providing persons discharged from military service and some other persons"

1. The pensions granted according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (further - the Law), in connection with increase in cash cover of the corresponding categories of the military personnel, persons who have pension entitlement according to the Law are recalculated on conditions and in the sizes provided by the Cabinet of Ministers of Ukraine.

2. The pension fund of Ukraine after adoption by the Cabinet of Ministers of Ukraine of the decision concerning pension recalculation and receipt of the adequate notice from Minsotspolitiki reports to the head departments in the Autonomous Republic of Crimea, areas, Kiev and Sevastopol (further - head departments of the Pension fund of Ukraine) the bases for carrying out recalculation of pensions and about need of preparation of lists of persons which pensions are subject to recalculation (further - lists), and directs the relevant information of the Ministry of Defence, the Ministry of Internal Affairs, National police, to Ministry of Justice, the Ministry of Infrastructure, the SSU, Service of foreign intelligence, GFS, Management of the state protection, Administration of Gosspetssvyaz, Administration of State frontier service, GSChS, Service of judicial protection (further - state bodies).

Head departments of the Pension fund of Ukraine in ten-day time from the moment of receipt of the specified notification constitute lists in form according to appendix 1 and give them to the bodies authorized by decisions of heads of state bodies (further - authorized bodies) to issue certificates of the amount of cash cover for recalculation of pension.

3. Based on lists authorized bodies prepare certificates of the amount of cash cover which is considered for recalculation of pensions, for each person specified in the list in form according to appendices 2 and 3 (further - references) and in a month represent them to head departments of the Pension fund of Ukraine.

References are issued by state body from which persons were dismissed from service if another is not provided by this Procedure.

References are issued on persons who are dismissed from service:

in National guard of Ukraine - state body in which they were on pension accounting till January 1, 2007;

in the liquidated headquarters and troops of Civil defense of Ukraine, bodies and divisions of service of civil protection and Gostekhnogenbezopasnosti - GSChS;

in prospecting divisions of the state security agencies of the former USSR and the Security Service of Ukraine which are liquidated, - Service of foreign intelligence on the corresponding positions in such state body at the time of emergence of the right to pension recalculation.

in bodies, divisions, institutions and organizations of execution of punishments of the Ministry of Internal Affairs, in the Public criminal and executive service (State department concerning execution of punishments, the Public penitentiary service, Ministry of Justice) - Ministry of Justice;

in the office of the Ministry of Internal Affairs, bodies and divisions of the Ministry of Internal Affairs, in organizations, at the companies and in the organizations belonging to the sphere of the Department of MIA (except the bodies, divisions, institutions and organizations provided by paragraphs the fourth, fifth and seventh this Item) - the Ministry of Internal Affairs;

To persons who were recalled for accomplishment of service duties to public authorities local government bodies, other organizations, the organizations and the companies and were dismissed from service in connection with retirement directly from positions on which they were, the pension recalculation is performed based on the certificates of the amount of cash cover issued by state bodies according to which orders persons were sent for execution of service duties.

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