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The document ceased to be valid since September 23, 2016 according to the Resolution of the Cabinet of Ministers of Ukraine of September 14, 2016 No. 622

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 31, 2000 No. 865

About some questions of enhancement of determination of the sizes of earnings for calculation of pension

(as amended on 09-12-2015)

For the purpose of enhancement of determination of the sizes of earnings for calculation of pension the Cabinet of Ministers of Ukraine decides:

1. Determine that the amount of payments (except official pay rates, allowances for rank or qualification classes, the class rank or special ranks, length of service), join in earnings for calculation of pension according to the Law of Ukraine "About public service", it is determined by the choice addressed for pension for any 60 calendar months of work which grants the right to this type of pension, in a row before the request for pension. The average monthly amount of the specified payments for 60 calendar months is determined by division of total amount of these payments on 60.

In case of change of salary structure with simultaneous increase in official pay rates to workers of the office of executive bodies, local self-government and their executive bodies, bodies of prosecutor's office, courts and other bodies of payment, the salary structures received by person for the period before change, join in earnings for calculation of pension according to paragraph one of this Item without adjustment according to Item 2 of this resolution.

Action of paragraphs of the first and second this Item does not extend to rural, settlement chairmen, their deputies, other leading employees and specialists of the office of village and settlement councils, their executive bodies which the separate payments which are earlier joining in the salary for calculation of pension according to the Law of Ukraine "About public service" (except official pay rates, allowances for rank and length of service), are not established according to the paragraph to third, subitem 1 "in" Item 2 of the resolution of the Cabinet of Ministers of Ukraine of March 9, 2006 No. 268 (268-2006-p) "About ordering of structure and payment terms of work of workers of the office of executive bodies, bodies of prosecutor's office, courts and other bodies" (The Official Bulletin of Ukraine, 2006, No. 10, the Art. 632, No. 29, Art. 2092; 2007, No. 37, Art. 1455; 2008, No. 43, Art. 1417; 2009, Art. No. 39 1305).

For persons specified in paragraph three of this Item, average monthly benefits amount (except official pay rates, allowances for rank and length of service, and also separate payments which are not established according to the paragraph to third subitem 1 "v" of Item 2 of the resolution of the Cabinet of Ministers of Ukraine of March 9, 2006 No. 268 "About ordering of structure and payment terms of work of workers of the office of executive bodies, bodies of prosecutor's office, courts and other bodies" (The Official Bulletin of Ukraine, 2006, No. 10, 632) is determined by the Art. by the choice of person who addressed for pension, for any 60 calendar months of such work in a row before the request for pension irrespective of availability of breaks during these periods at this work. The average monthly amount of the specified payments for 60 calendar months of work in a row before the request for pension is determined by division of total amount of such payments on 60. At the same time the payments received till May 31 in 2009 inclusive join in the salary for calculation of pension without carrying out adjustment according to Item 2 of this resolution.

At the request of persons specified in paragraph three of this Item who since June 1, 2009 have no 60 calendar months of work in a row which grants the right to this type of pension, before the request for pension the average monthly benefits amount (except official pay rates, allowances for rank and length of service) is determined by division of total amount of such payments for the available months of work, since June 1 in 2009 on the number of such months.

At the request of persons who have at least than 20 years of length of service on the positions referred to categories of positions of government employees and who at the time of retirement are not in public service and also officials of local self-government who worked at elective offices in local government bodies eight more years or during complete two and more convocations since convocation of 1990 and at the time of retirement are not in the service in local government bodies, the amount of the payments noted in paragraph one of this Item can be determined also according to the procedure, provided in the subitem 2 of item 4 of this resolution.

2. The procedure for adjustment of the payments specified in Item 1 of this resolution in case of award of pension is established by the Ministry of social policy together with the Ministry of Finance.

3. The official pay rate, the allowance for rank or qualification classes, the class rank or special ranks, length of service during award of pension according to the procedure and on the conditions provided by the Law of Ukraine "About public service" are considered in the sizes established on the date of award of pension.

4. No. 1013 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.12.2015

5. The form of the certificate of the salary which moves for award of pension by the government employee affirms board of the Pension fund of Ukraine in coordination with the Ministry of social policy.

In case of liquidation of state body the reference is issued by body which is legal successor, and in case of its lack and renaming (absence) of positions the reference is issued according to the procedure, established by the Ministry of social policy in coordination with Head department of public service.

6. In all cases of purpose of pensions earnings for award of pension cannot exceed wages amounts on which the single contribution on obligatory national social insurance, at the time of purpose of pensions is assessed.

7. To provide to the ministry of social policy explanation concerning application of this resolution.

Prime Minister of Ukraine

V. Yushchenko

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