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Ministry of Justice of Ukraine

October 20, 2014

No. 1294/26071

ORDER OF THE MINISTRY OF DEFENCE OF UKRAINE

of August 14, 2014 No. 530

About approval of the Regulations on the organization in the Ministry of Defence of Ukraine works on calculation of length of service for purpose of pensions to the military personnel and providing with social payments persons dismissed from military service in the Armed Forces of Ukraine and members of their families

(as amended on 18-08-2021)

According to the Laws of Ukraine "About social and legal protection of the military personnel and members of their families", "About provision of pensions of persons discharged from military service and some other persons", the resolution of the Cabinet of Ministers of Ukraine of December 25, 2013 "About approval of the Procedure for appointment and payment of the one-time monetary assistance in case of death (death), disability or partial disablement without establishment of disability of the military personnel, persons liable for call-up and reservists called on educational (or checking) and special charges or for service in war reserve" and for the purpose of reduction of regulatory legal acts of the Ministry of Defence of Ukraine in compliance with the current legislation I order to No. 975:

1. Approve Regulations on the organization in the Ministry of Defence of Ukraine of work on calculation of length of service for purpose of pensions to the military personnel and providing with social payments persons dismissed from military service in the Armed Forces of Ukraine and members of their families which is applied.

2. Declare invalid the order of the Minister of Defence of Ukraine of August 19, 2008 No. 407 "About approval of the Regulations on the organization in the Ministry of Defence of Ukraine of work on calculation of length of service for purpose of pensions to the military personnel and social security of persons discharged from military service, and members of their families", registered in the Ministry of Justice of Ukraine on November 6, 2008 on No. 1079/15770.

3. This order becomes effective from the date of its official publication.

Acting as Minister of Defence of Ukraine

I. S. Rusnak

It is approved:

Acting Chairman of the board of the Pension fund of Ukraine

 

V. A. Kravchuk

First Deputy Chairman of General representative body of trade union associations

 

S. M. Kondryuk

The First Deputy Chairman of General representative body of the party of employers at the national level

 

A. Miroshnichenko

Minister of social policy of Ukraine

L. Denisova

Approved by the Order of the Ministry of Defence of Ukraine of August 14, 2014 No. 530

Regulations on the organization in the Ministry of Defence of Ukraine works on calculation of length of service for purpose of pensions to the military personnel and providing with social payments persons dismissed from military service in the Armed Forces of Ukraine and members of their families

I. General provisions

1.1. This Provision determines procedure:

calculations of length of service (general insurance years of service) for purpose of long-service pensions to persons discharged from military service according to article 17-1 of the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (further - the Law) and to 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, police officers, the staff of Service of judicial protection and members of their families" (with changes);

registrations and submissions to bodies of the Pension fund of Ukraine of documents for appointment and recalculation of long-service pensions, on disability and on the occasion of loss of the supporter according to the Law, the resolution of the Cabinet of Ministers of Ukraine of February 13, 2008 No. 45 "About approval of the Procedure for carrying out recalculation of the pensions granted 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" (with changes) and the resolution of board of the Pension fund of Ukraine of January 30, 2007 No. 3-1 "About approval of the Procedure for provision and document creation for purpose (recalculation) of pensions according to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons" (with changes), registered in the Ministry of Justice of Ukraine on February 15, 2007 for No. 135/13402;

payments of the disposable monetary assistance in case of death (death) or mutilation of the military personnel, persons liable for call-up and reservists called on educational (or checking) and special charges, according to article 16 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families" and the resolution of the Cabinet of Ministers of Ukraine of December 25, 2013 No. 975 "About approval of the Procedure for appointment and payment of the one-time monetary assistance in case of death (death), disability or partial disablement without establishment of disability of the military personnel, persons liable for call-up and reservists called on educational (or checking) and special charges or for service in war reserve" (with changes)";

document creation for payment of the compensation amounts according to the resolution of the Cabinet of Ministers of Ukraine of May 05, 1994 No. 290 "About approval of the Regulations on payment procedure of the compensation amounts by the serviceman, to faces of the private and the commanding structure, police officers who became persons with disability, to members of families of the military personnel, faces of the private and the commanding structure, police officers who died during fulfillment of duties of military service, service in law-enforcement bodies, National police as a part of the national contingent or national personnel, and also in other separate cases";

the organizations of work on determination of the amount of cash cover for appointment and recalculation of pensions to persons discharged from military service (except the former military personnel of compulsory military service);

carrying out audits and checks concerning providing with social payments persons discharged from military service and members of their families.

The organization of work on calculation of length of service for purpose of pensions to the military personnel and providing persons with social payments who served and left other military forming and law enforcement agencies and members of their families is performed according to requirements of the current legislation, in particular, of regulatory legal acts which regulate activities of these forming and bodies.

1.2. Appointment and pension payment to persons discharged from military service and to members of their families are performed by bodies of the Pension fund of Ukraine according to the Law.

1.3. The serviceman having the right to provision of pensions according to the Law, pensions are granted and paid after their dismissal from military service.

To pensioners from among the former military personnel in case of their repeated acceptance on military service in the Armed Forces of Ukraine formed according to the laws of Ukraine other military forming in the Public special service of transport, service in law-enforcement bodies, Public service of special communication and information security of Ukraine, bodies and divisions of civil protection, tax police and the Public criminal and executive service of Ukraine pension payment is performed according to article 2 of the Law.

The territorial centers of completing and social support (further - TTsKSP) in 10-day time inform relevant organs of the Pension fund of Ukraine on repeated acceptance on military service of such people.

The paragraph the fourth is excluded according to the Order of the Ministry of Defence of Ukraine of 18.08.2021 No. 248

1.4. To persons discharged from military service on age, for health reasons, in connection with staff reduction or organizational actions without pension entitlement within one year after dismissal from service regional and the Kiev city TTsKSP (further - regional TTsKSP) the monthly monetary assistance in the amount of salary on military rank according to the resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 is paid to 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, police officers, the staff of Service of judicial protection and members of their families".

Who have no pension entitlement, for employment, but no more than one year, the monthly allowance in the amount of official pay rate and salary on military rank is paid to persons discharged from military service according to the Law of Ukraine "About the state guarantees of social protection of the military personnel who leaves from service in connection with reforming of the Armed Forces of Ukraine and members of their families" (with changes). In case of registration in accordance with the established procedure of these persons in public service of employment the specified payment is not made.

II. Procedure for calculation of length of service for award of pension

2.1. To persons discharged from military service, having pension entitlement according to the Law, in length of service for award of pension are set off:

1) military service;

2) service in law-enforcement bodies, National police, Service of judicial protection, the state fire protection, Public service of special communication and information security of Ukraine, bodies and divisions of civil protection, tax police, the Public criminal and executive service of Ukraine on positions of the commanding and ordinary structure from the date of appointment to the corresponding position;

3) really military service in the Soviet Army and Navy, border, internal, railway troops, in the state security agencies and other military forming of the USSR, and also service in law-enforcement bodies of the USSR and other types of service and the periods of work which according to the legislation of the USSR were enlisted in length of service for purpose of pensions to the military personnel, and also to faces of the commanding and ordinary structure of law-enforcement bodies. The length of service (including on favorable terms) in this case is estimated according to the procedure, the USSR established by the legislation if this Provision does not provide more preferential terms of transfer of time of service for purpose of pensions to the military personnel and faces of the commanding and ordinary structure of law-enforcement bodies (the list of internal troops of the USSR is given in appendix 1 to this Provision);

4) service as military builders in military and construction groups (parts);

5) stay time on practical flight training of the persons which are called up for military service studying for reserve officers of aircrew in the educational organizations of Society of assistance to defense of Ukraine, from January 1, 1961 to October 11, 1991 - in system of Volunteer society of assistance of army, aircraft and fleet of the USSR;

6) operating time in public authorities, local government bodies or bodies created by them, at the companies, in organizations, the organizations and in institutions of higher education with leaving on military service, service in law-enforcement bodies, National police, Service of judicial protection, 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;

7) time of accomplishment of deputy powers with leaving on military service, service in law-enforcement bodies, National police, 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 Ukraine;

8) stay time under guards and term of imprisonment in places of detention persons having pension entitlement under the Law is groundless brought to trial, is groundless victims of political repression and subsequently rehabilitated;

9) time of stay in fascist concentration camps, ghetto and other places of detention of persons, including children who were violently exported from temporarily occupied territory of the former USSR during World War II and who after release from these places were called or accepted directly on military service, service in law-enforcement bodies if during stay in the specified places of detention they did not commit crime against the world and mankind;

10) stay time in captivity or the hostage if capture or capture by the hostage was not voluntary and person having pension entitlement under the Law, being in captivity or the hostage, did not commit crime against the world and mankind;

11) operating time in judicial authorities and bodies of prosecutor's office of persons working at positions of judges, prosecutors, investigators and the being on military service or service in bodies and military forming of the Security Service of Ukraine, service in law-enforcement bodies, National police, tax police or the Public criminal and executive service of Ukraine on positions of the officer and commanding structure, in Service of judicial protection on positions of average and highest structure;

12) military service in armed forces, law-enforcement bodies, National police, the state security agencies of the State Parties of the Commonwealth of Independent States (further - the CIS) and other military forming created by legislature of these states, the Joint Armed Forces of the CIS.

The length of service (including on favorable terms) in this case is estimated according to the procedure, established by the legislation of the State Parties of the CIS in the territory of which the military personnel passed military service, service in law-enforcement bodies, National police, the state security agencies if other is not established by the corresponding international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine;

13) operating time in state bodies in case of transition to military service to bodies and military forming of the Security Service of Ukraine, Management of the state protection of Ukraine, law-enforcement bodies, National police, the state fire protection, Public service of special communication and information security of Ukraine, bodies and divisions of civil protection, tax police or State criminal and executive service of Ukraine to positions of officer and administrative board according to the lists of positions approved respectively by the Security Service of Ukraine, Management of the state protection of Ukraine, the Ministry of Internal Affairs of Ukraine, National police, Public service of special communication and information security of Ukraine, the central executive bodies providing forming of state policy in spheres of execution of criminal penalties, civil protection, fire and technogenic safety the state financial policy, and also in case of transition to service to Service of judicial protection to positions of average and highest structure according to the list of positions approved by the Chairman of Service of judicial protection;

14) stay time on positions of employees of the Public criminal and executive service of Ukraine, in divisions of the professional (not militarized) fire protection which were transferred further to category of the positions replaced by the private and the commanding structure according to the list of positions and on conditions which are determined by the central executive bodies providing forming of state policy in the sphere of execution of criminal penalties, civil protection, fire and technogenic safety;

15) time of passing of military service outside Ukraine according to the procedure of military cooperation or as a part of the national contingent or personnel according to international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

16) service in war reserve during direct participation in anti-terrorist operation, during direct participation in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, being directly in areas and during implementation of the specified actions.

2.2. In length of service to police officers, the staff of Service of judicial protection, faces of officers, faces of average, the senior and highest commanding structure of law-enforcement bodies, 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 Ukraine in case of award of pension on the terms of the Law is in addition set off time of their training (irrespective of form of education) in civil institutions of higher education, and also in other educational institutions after which termination the officer (special) rank, before revenues to military service, service in law-enforcement bodies, National police, Service of judicial protection, the state fire protection, Public service of special communication and information security of Ukraine, bodies and divisions of civil protection is given, tax police or the Public criminal and executive service of Ukraine or appointment to the corresponding position in limits up to five years at the rate of one year of study in six months of service.

Time of stay of the serviceman in child care leave is set off in length of service in calendar calculation.

According to article 2 of the Agreement on procedure for provision of pensions of the military personnel and members of their families and national insurance of the military personnel of the State Parties of the CIS signed in the city of Tashkent on May 15, 1992, article 2 of the Agreement between the Cabinet of Ministers of Ukraine and the Government of Georgia about provision of pensions of the military personnel and members of their families signed on October 2, 1999, article 2 of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Azerbaijan Republic about provision of pensions of the military personnel and members of their families and the national compulsory personal insurance of the military personnel signed on March 16, 2000, article 3 of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Moldova about provision of pensions of persons discharged from military service, members of their families and other types of social protection of such persons signed on October 21, 2007 in Kiev, length of service (including on favorable terms) it is estimated according to the procedure, established in the State Parties of the CIS and the states with which the Cabinet of Ministers of Ukraine signed the relevant agreements in the territory of which the military personnel passed military service.

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