LAW OF UKRAINE

of July 8, 2011 No. 3668-VI

About actions for legislative ensuring reforming of the pension system

Section I General provisions

Article 1. Questions of forming of accumulative system of pension insurance

1. Transfer of insurance premiums is entered into the Accumulation pension fund since year in which deficit-free of the budget of the Pension fund of Ukraine will be provided.

2. Participants of accumulative system of obligatory national pension insurance are persons which are subject to obligatory national pension insurance under the law of Ukraine "About obligatory national pension insurance" which for date of implementation of transfer of insurance premiums in the Accumulation pension fund performed no more than 35 years and who pay fees / for whom fees in accumulative system of pension insurance are paid.

3. Insurance premiums in the Accumulation pension fund are component of the single fee on obligatory national social insurance paid by participants of accumulative system of pension insurance and are subject to the direction in the Accumulation pension fund in such sizes: in year of introduction of transfer - 2 percent of accrual base of the single fee on obligatory national social insurance established for such participants, each next year - in the amount of, increased by 1 percent, before achievement of 7 percent and the subsequent payment in the specified size.

4. Insurance premiums in the Accumulation pension fund for persons taking voluntary part in system of obligatory national pension insurance are on the amount provided by the agreement on voluntary participation.

5. The pension fund of Ukraine sends insurance premiums to the Accumulation pension fund into the corresponding accounts based on the data submitted payers of single fee to the State register of obligatory national social insurance.

Article 2. Maximum size of pension or monthly perpetual monetary pay

Section II Final and transitional provisions

1. This Law becomes effective since October 1, 2011, except the paragraph of the eleventh subitem 11 and the paragraph of the hundred thirty eighth subitem 17 of Item 6 of the Section II of this Law which are becoming effective since January 1, 2012.

2. Restriction of pension (monthly perpetual monetary pay) with the maximum size established by this Law does not extend to pensioners to whom pension (monthly perpetual monetary pay) is granted before entry into force of this Law.

To pensioners to whom pension (monthly perpetual monetary pay) is granted before entry into force of this Law and at whom the pension size (monthly perpetual monetary pay) (taking into account allowances, increases, additional pension, target benefit, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to separate categories of persons having special merits before the Homeland) exceeds the maximum size of pension (monthly perpetual monetary pay) established by this Law, pension payment (monthly perpetual monetary pay) (taking into account allowances, increases, additional pension, target benefit, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to separate categories of persons having special merits before the Homeland) it is performed without indexation, without application of provisions of parts two and third article 42 of the Law of Ukraine "About obligatory national pension insurance" and carrying out other recalculation, stipulated by the legislation, till that time when the pension size (monthly perpetual monetary pay) (taking into account allowances, increases, additional pension, target benefit, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to the separate categories of persons having special merits before the Homeland) corresponds to the maximum size of pension (monthly perpetual monetary pay) established by this Law.

The pension payment procedure (monthly perpetual monetary pay) to the working pensioners is established by the legislation irrespective of date of award of pension (monthly perpetual monetary pay).

If as a result of adoption of this Law the size of pension decreases, pension is paid in earlier established size.

3. Determine that the men who reached age limit of stay in public service, diplomatic service, service in local government bodies - 62 years which on the date of entry into force of this Law are respectively in public, diplomatic service or in service in local government bodies based on the decision on prolongation of term of their stay made in the procedure established by the law on service can be respectively in public, diplomatic service or in service in local government bodies before the termination of term of such prolongation.

4. Action of the provisions provided by paragraphs the eighty first - eighty third the subitem 17 of Item 6 of the Section II of this Law, extends to pensioners to whom after entry into force of this Law pension will be granted, and also to be listed taking into account the salary for the periods of insurance years of service after purpose (the previous recalculation) of pension.

Action of the provisions provided by paragraphs the eighty fourth - the eighty ninth the subitem 17 of Item 6 of the Section II of this Law extends to persons who reached age (the man - 60 years, the woman - 55 years), before entry into force of this Law and which the old-age pension will be appointed after entry into force of this Law.

5. For the purpose of non-admission of salary reduction of hired employees in connection with transfer of insurance premiums in the Accumulation pension fund of the company, organization and the organization irrespective of pattern of ownership and the physical persons using wage labor perform:

increase in the amount of the actual expenses at compensation determined by the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance" due to reduction of charges by the specified amounts for employers;

increase during step-by-step increase in the size of insurance premiums in the Accumulation pension fund of the salary of all workers thus and in such sizes that after assignment of insurance premiums for obligatory national social insurance and tax on the income of physical persons the salary which is subject to payment was not below actually paid salary in the year preceding year of increase in the size of insurance premium in the Accumulation pension fund.

6. Make changes to the following legal acts of Ukraine:

1) in article 165-1 of the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

word part one in paragraph one of "calculation and payment due dates" and "and the Accumulation fund" to exclude;

the paragraph one of parts three and the fourth after the words "untimely payment" to add with words of "single fee on obligatory national social insurance";

add with parts six and the seventh the following content:

"Violation of established procedure of use and implementation of transactions with means of accumulative system of obligatory national pension insurance

involves imposing of penalty on officials from three hundred to one thousand free minima of the income of citizens.

The actions provided by part six of this Article, which are commited by person which for year was subjected to administrative punishment for the same violations,

involve imposing of penalty on officials from one thousand to three thousand free minima of the income of citizens";

2) Item 9 parts one of Article 87 of the Budget code of Ukraine (2010, Art. No. 50-51, 572) to add sheets of the Verkhovna Rada of Ukraine with the subitem "zh" of such content:

"g) compensation of deficit of means of the Pension fund of Ukraine for financing of pension payment in solidary system of obligatory national pension insurance in connection with transfer of insurance premiums in accumulative system of obligatory national pension insurance";

3) actually ceased to be valid according to the Law of Ukraine of 05.07.2012 No. 5067-VI

4)

5) in the Law of Ukraine "About provision of pensions" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 3, Art. 10; 2008, Art. N№5-8, 78):

in the Item of part three of Article 37 and part one of Article 47 of the word and figures "reached: men - 60 years, women - 55 years" shall be replaced with words and in figures "reached retirement age, the stipulated in Clause 26 Laws of Ukraine "About obligatory national pension insurance";

third of Article 85 to state part in the following edition:

"The maximum size of pension (taking into account allowances, increases, additional pension, target benefit, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to the separate categories of persons having special merits before the Homeland) cannot exceed ten subsistence minimums established for persons which lost working capacity";

6) in the Law of Ukraine "About the status and social protection of the citizens injured with the Chernobyl catastrophic crash" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 13, the Art. 178, No. 37, Art. 543; 1996, No. 35, Art. 162; 2006, No. 49, Art. 485; 2008, Art. N№5-8, 78):

in Article 55:

in paragraph one of part one of the word "for receipt of national pensions" shall be replaced with words also in figures "article 26 of the Law of Ukraine "About obligatory national pension insurance";

the second to add part with the offer of such content: "At the same time the corresponding decrease in retirement age provided by this Article is applied also before completion of the period of increase in retirement age till January 1, 2022";

third of Article 67 to state part in the following edition:

"The maximum size of pension (taking into account allowances, increases, additional pension, target benefit, pension for special merits in front of Ukraine, indexation and other pension supplements established by the legislation except surcharge to allowances to the separate categories of persons having special merits before the Homeland) cannot exceed ten subsistence minimums established for persons which lost working capacity";

7) in Item 2 of article 15 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 15, Art. 190; 1997, No. 12, Art. 103; 2006, No. 37, Art. 318, No. 51, Art. 519):

the paragraph one to state in the following edition:

"2. To faces of the private, sergeant, foreman and officers and to some other persons who have pension entitlement under this Law and leave from service for health reasons, the disposable benefit in the amount of 50 percent of monthly cash cover for each complete calendar year of service is paid. In case of dismissal from military service on age, in connection with staff reduction or holding organizational actions, the termination of term of the contract, systematic failure to carry out of terms of the contract command the disposable benefit in the amount of 50 interests of monthly cash cover is paid in the presence of period of service of 10 years and more";

"the Cabinet of Ministers of Ukraine" to add paragraph two after words with words and figures "which have period of service of 10 years and more";

8) in the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 29, Art. 399; 1994, No. 27, Art. 178; 1996, No. 17, Art. 73; 2002, No. 35, Art. 262; 2004, No. 50, Art. 536; 2006, No. 37, Art. 318; 2007, No. 33, Art. 442; 2008, N№5-8, of Art. 78; 2009, No. 24, Art. 296):

add Article 7 with offers of the following content: "If person has the right to pension according to this Law and the Law of Ukraine "About obligatory national pension insurance", one pension at its choice is granted. At the same time the difference between the pension size to which person has the right according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons", and the pension size from solidary system according to the Law of Ukraine "About obligatory national pension insurance" which is determined according to the procedure, established by the Cabinet of Ministers of Ukraine is financed by means of the government budget";

in Article 9:

state part one in the following edition:

"To faces of the private, sergeant, foreman and officers, and the disposable benefit in the amount of 50 percent of monthly cash cover for each complete calendar year of service is paid to some other persons having pension entitlement under this Law and leaving from service for health reasons. In case of dismissal from service on age, in connection with staff reduction or holding organizational actions, the termination of term of the contract, systematic failure to carry out of terms of the contract command the disposable benefit in the amount of 50 interests of monthly cash cover is paid in the presence of period of service of 10 years and more";

the second after the words "which list is determined by the Cabinet of Ministers of Ukraine" to add part with words and figures "which have period of service of 10 years and more";

in Article 12:

state the Item "and" in the following edition:

"a) to faces of officers, ensigns and warrant officers, the military personnel of extra urgent service and military service under the contract, other persons specified in the Items "b"-"d" of article 1-2 of this Law (except persons specified in part three of article 5 of this Law), irrespective of age if they are dismissed from service:

till September 30, 2011 and on the date of release have period of service of 20 years and more;

from October 1, 2011 to September 30, 2012 and on the date of dismissal have period of service of 20 calendar years and 6 months and more;

from October 1, 2012 to September 30, 2013 and on the date of dismissal have period of service 21 calendar years and more;

from October 1, 2013 to September 30, 2014 and on the date of dismissal 21 calendar years and 6 months and have period of service more;

from October 1, 2014 to September 30, 2015 and on the date of dismissal have period of service of 22 calendar years and more;

from October 1, 2015 to September 30, 2016 and on the date of dismissal have period of service of 22 calendar years and 6 months and more;

from October 1, 2016 to September 30, 2017 and on the date of dismissal have period of service of 23 calendar years and more;

from October 1, 2017 to September 30, 2018 and on the date of dismissal have period of service of 23 calendar years and 6 months and more;

from October 1, 2018 to September 30, 2019 and on the date of dismissal have period of service of 24 calendar years and more;

from October 1, 2019 to September 30, 2020 and on the date of dismissal have period of service of 24 calendar years and 6 months and more;

since October 1, 2020 or after this date and on the date of dismissal have period of service of 25 calendar years and more.

In calendar length of service also the period specified in part two of article 17 of this Law is set off";

in the Item "in" of figure and the word "15 years" to replace with figures and the words "20 calendar years and more";

add with the Item "g" of such content:

"d) to faces of officers, ensigns and warrant officers, the military personnel of extra urgent service and military service under the contract, other persons specified in the Items "b"-"d" of article 1-2 of this Law which held positions of aircrew and floating structure of submarines of Armed Forces at least 20 years irrespective of age if they have on the date of dismissal from service period of service of 20 years and more, except for persons specified in part three of article 5 of this Law";

in Article 13:

in the Item "in" of part one of the word and figures "for period of service of 15 years - 40 percent of the corresponding amounts of cash cover with increase in this size by 2 percent for each complete year of period of service over 15 years, but no more than 50 percent" shall be replaced with words also in figures "for period of service of 20 years - 50 percent of the corresponding amounts of cash cover with increase in this size by 3 percent for each complete year of period of service over 20 years, but no more than 65 percent";

in part two of figure "90" to replace with figures "80";

in part one of Article 26 of the word and figure "and to disabled people - men 60 years are more senior and to women 55 years are more senior" shall be replaced with words also in figures "and to the disabled people who reached retirement age, the stipulated in Clause 26 Laws of Ukraine "About obligatory national pension insurance";

in Article 30:

in word part three "but not earlier than in 5 years prior to achievement of retirement age, "About obligatory national pension insurance" shall be replaced with words the stipulated in Article 26 Laws of Ukraine "after achievement of 55 years by men, zhenshchinami50 years";

in part four:

in the Item of the word and figures" (men - 60 years, women - 55 years)" shall be replaced with words also in figures "the stipulated in Clause 26 Laws of Ukraine "On obligatory national pension insurance";

in the Item "in":

words and figures "after achievement of 55 years by men, women - 50 years or if they are disabled people" shall be replaced with words also in figures "not earlier than in 5 years prior to achievement of retirement age, the stipulated in Clause 26 Laws of Ukraine "About obligatory national pension insurance" or if they are disabled people";

add with the paragraph the second such content:

"The corresponding decrease in retirement age to women established by paragraph one of this Item is applied also before completion of the period of increase in retirement age till January 1, 2022";

in part one of Article 40 of the word and figure "which reached: men - 60 years, women - 55 years" shall be replaced with words and in figures "which reached retirement age, the stipulated in Clause 26 Laws of Ukraine "About obligatory national pension insurance";

in Article 43:

the third and fifth to state parts in the following edition:

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