Chornobyl pension

The key legal act regulating pensions for Chornobyl victims is the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster".

Who belongs to this category of people?

Article 9 of the Law defines the list of persons who are victims of the consequences of the Chornobyl Nuclear Power Plant accident. Among them:

• liquidators of the accident consequences;
• victims of it, including children;
• citizens who directly eliminated the consequences of other nuclear accidents, participated in nuclear tests and military exercises where nuclear weapons were used (they are equated with victims of the Chornobyl NPP consequences, and their pension benefits are regulated by the same law);
• citizens who suffered from radioactive exposure as a result of other accidents.

As can be seen from the text of this legal act, the Chornobyl accident is singled out separately and is the key motive of the document, given its scale and negative impact. However, other accidents with consequences in the form of radioactive exposure also fall under the scope of this law. The only thing worth mentioning additionally is that victims are entitled to all social guarantees provided by law if the accident occurred through no fault of their own.

Article 39 of the same law stipulates that citizens working in the exclusion zone are entitled to an additional payment. The amount and procedure for payment are established by the Cabinet of Ministers.

What else should you know about pensions for Chornobyl victims?

Pensions for persons in categories 1-4 are set in the form of:

• state pension;
• additional pension for damage to health.

The second of them is granted after the right to a state pension arises. It is also important to know that after January 1, 2015, no additional pension for damage to health is granted to persons in category 4.

Article 54 of the aforementioned law sets out the specifics of receiving a state pension by persons in category 1, as well as a survivor's pension. Such pensions can be granted at the request of a citizen from the earnings he or she received in 1986-1990. They are accrued in the amount of compensation for actual losses. The amount is determined in accordance with applicable laws and regulations.

In the case of wives and husbands who are widows and widowers after marriage to a category 1 Chornobyl liquidator, a survivor's pension is possible, regardless of the causal link between the death and the Chornobyl disaster.

It is worth noting that this law also defines the procedure for granting pensions to military personnel who are liquidators of the Chornobyl accident. More details can be found in Article 59 of the legal act.

What problems do Chornobyl pensioners often face?

When it comes to granting pensions to Chornobyl victims, the Pension Fund uses legislative provisions that limit the maximum amount. However, this practice is illegal, as evidenced by the illustrative decision of the Constitutional Court of March 20, 2024, № 2-р(ІІ)/2024 in case № 3-123/2023(229/23).

To summarize its content, the Constitutional Court of Ukraine believes that the provisions of Article 2 of Law № 3668-VI in terms of the requirements to limit the maximum pension amount for Chornobyl pensioners contradict the Constitution of Ukraine. The highest body of constitutional jurisdiction argues that legislative provisions aimed at limiting the amount of pensions go against the very essence of social security from the state.

What can we do for you?

The attorneys of Prikhodko & Partners Law Firm offer their clients high-quality legal services in the context of consulting, legal support in cooperation with the Pension Fund and representation in court.

We regularly work with such requests and know how to defend your right to fair payments. Fill out the form on our website and our lawyer will contact you as soon as possible.