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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 24, 2008 No. 862

About approval of the Procedure for establishment to members of families of miners whose death was caused by labor accident, or occupational disease of monthly pension supplement in connection with loss of the supporter

(as amended on 31-08-2016)

According to article 7 of the Law of Ukraine "About increase in prestigiousness of miner's work" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for establishment to members of families of miners whose death was caused by labor accident, or occupational disease of monthly pension supplement in connection with loss of the supporter who is applied.

2. Add:

Item 1 of the resolution of the Cabinet of Ministers of Ukraine of March 26, 2008 No. 265 "Some questions of provision of pensions of citizens" (The Official Bulletin of Ukraine, 2008, Art. No. 25 785) after the words "except pensions for special merits in front of Ukraine" the words "and monthly pension supplement in connection with loss of the supporter to members of families of miners whose death was caused by labor accident";

The paragraph third ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 06.07.2011 No. 745

Prime Minister of Ukraine

Yu. Tymoshenko

Approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008, No. 862

Procedure for establishment to members of families of miners whose death was caused by labor accident, or occupational disease of monthly pension supplement in connection with loss of the supporter

1. This Procedure determines conditions of appointment and payment of monthly pension supplement in connection with loss of the supporter to members of families of miners whose death was caused by labor accident, or occupational disease (further - pension supplement).

According to article 1 of the Law of Ukraine "About increase in prestigiousness of miner's work" workers who extract coal, iron ore, ores of non-ferrous and rare metals, manganese, uranium, magnesian (salts potassium-magnesium and salts magnesian) and ozokeritny ores, employees of the shaft construction companies which are engaged at underground works full time and employees of the public militarized rescue services (forming) in the coal industry - according to the List N 1 of productions, works, professions, positions and indicators at underground works, at works with especially harmful and especially severe conditions of work in which employment full time grants pension entitlement on the age on favorable terms approved by the Cabinet of Ministers of Ukraine treat miners.

2. The members of families (who are marked out in part three to article 6 of the Law of Ukraine "About increase in prestigiousness of miner's work") miners whose death was caused by labor accident, or occupational disease which grants pension in connection with loss of the supporter have the right to establishment of pension supplement.

3. In case of the death of the miner which was caused by labor accident the statement of the accident connected with production in the N-1 form is drawn up (further - the act in the H-1) form according to appendix 3 to the Procedure for investigation and accounting of accidents, occupational diseases and accidents on production approved by the resolution of the Cabinet of Ministers of Ukraine of August 25, 2004 No. 1112 (The Official Bulletin of Ukraine, 2004, No. 35, the Art. 2337), in case of the death of the miner which was caused by acute occupational disease (poisoning) connected with production, except the act in the N-1 form is constituted the accounting card of occupational disease (poisoning) in the P-5 form according to appendix 5 to noted Procedure, and in case of the death of the miner which was caused by chronic occupational disease, the act of investigation of chronic occupational disease in the P-4 form according to appendix 15 to noted Procedure. The causal relationship of death which was caused by acute occupational disease (poisoning), chronic occupational disease or labor accident is confirmed by the conclusion of medico-social commission of experts in form which affirms MZ, except cases when the cause of death is confirmed by the act in the N-1 form.

4. Pension supplement is established in the amount of the subsistence minimum established by the law for persons who lost working capacity, on each disabled family member who is granted pension in connection with loss of the supporter.

In case of increase in the subsistence minimum established for persons who lost working capacity, bodies which pay pension supplement perform recalculation of its size from the date of establishment of the new size of subsistence minimum.

5. Pension supplement is established by body which grants pension, from the date of award of pension in connection with loss of the supporter, but not earlier than September 16, 2008 - the date of entry into force of the Law of Ukraine "About increase in prestigiousness of miner's work", and to members of families of miners whose death was caused by occupational disease, not earlier than July 22, 2009 - the date of entry into force of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning prestigiousness of miner's work" and is paid monthly together with pension during the period to which it is appointed.

6. Financing of the monthly surcharge provided by this resolution is performed at the expense of means of the government budget.

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