In May, the Law of Ukraine dated February 15, 2022 No. 2040-IX “On Amendments to Certain Laws of Ukraine to Improve Pension Legislation” (hereinafter Law 2040) came into force. This means that some pensioners expect changes in the calculation and payment of pensions..

Growth of pensions (indexation).

The law actually resumes the indexation of pensions of scientists, civil servants, military personnel, people's deputies and other categories of pensioners whose pensions have not been indexed since 2014. The last time pensions were transferred to servicemen was in 2018 in connection with a change in monetary allowance. Scientists and civil servants have not been transferred since the presidency of Yanukovych.

Also by law 2040. it was determined that the indexation of pensions will take place annually on March 1. However, only measures are envisaged that will lead to an increase in individual pension payments, and will not generally improve the level of pension provision for all pensioners..

In addition, there is no proper delineation and clear definition of the procedure for indexing and recalculating pensions..

Survivors' pensions.

The right to a pension in connection with the loss of a breadwinner is provided for a husband (wife), father, mother who has reached the age of 65, regardless of the length of their insurance period (Article 36 of Law No. 1058 “On Compulsory State Pension Insurance” (hereinafter) - Law 1058).

Right to early retirement.

Renewed the norm (existed before January 1, 2015) on the appointment of an early old-age pension one and a half years before reaching retirement age. This innovation is provided for persons whose employment contract has been terminated:.

in connection with changes in the organization of production and labor (including liquidation, reorganization, bankruptcy, re-profiling of an enterprise, institution, organization, reduction in the number or staff of employees. When registering persons in the state employment service and there is no suitable job for them);

in connection with the identification of an employee’s inconsistency with the position held for health reasons, but without the need for registration with the state employment service. If a pensioner works in the period before reaching retirement age, early pension will not be paid.

A prerequisite for the appointment of such a pension is the existence of an insurance period necessary for the appointment of an old-age pension in the minimum amount..

However, when determining the right to such a pension, the requirement to have “at least 30 years of insurance experience for women and 35 years for men” clearly allows for different interpretations of this provision and, as a result, different enforcement of it, given that the age is not clear, for a year and a half.

In the absence of the necessary insurance period, the right to receive an old-age pension comes upon reaching the age of 63 and 65 years.. That is, having at least 30 years of insurance experience, women will be able to retire early one and a half years before reaching the age of 60 only from January 1 to December 31, 2023, since from 2024 they are entitled to a pension of 60 years if they have not.

The right to early retirement was also given to a mother or parent of persons with disabilities from childhood (children with disabilities under 18 years of age) and seriously ill children who have not been diagnosed with disabilities, who raised them up to the age of 6. An additional condition is that a woman is 50 years old and her insurance period is 15 years, and a man is 50 years old and her insurance period is 20 years.. Which child, not established disability, is considered seriously ill, is defined in paragraph 101 of the. 1 st. 1 of the Law of Ukraine "

Military pensions.

The minimum pension for military personnel who received a disability as a result of the war has been increased. Previously, the minimum amount of such a pension was determined based on the subsistence minimum for persons who lost their ability to work, in percentage terms:.

for group I in the amount of 120%, group II - 110%, group III - 105% of the subsistence minimum.

Now the legislator has determined the size in a fixed numerical expression:.

for group I in the amount of UAH 5025, for group II - UAH 4610, for group III - UAH 4396. At the same time, a mechanism for their indexing is still provided..

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It should be noted that in order for all the provisions of the 2040 law to work as a single mechanism, at least, it is necessary to obtain a lot of clarifications from the competent state authorities..