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The concept of pension is enshrined in the current Law “On mandatory state pension insurance”. In particular, we are talking about the pension payment, which is made every month in accordance with the solidarity system of mandatory pension state insurance. To receive it, you need to reach retirement age or have a disability.
Also, family members of a person can receive a pension in cases specifically defined by law. For the team of the “Prikhodko&Partners” law office, pension law is one of the key areas of work. Therefore, you can contact us with questions related to this branch of law. For now, let’s talk in more detail about such a phenomenon as a disability pension.
How the legislation regulates this issue?
The already mentioned Law regulates the issue of disability pensions in several articles. It is about Art. 30-35 of this regulatory act. For example, Article 30 specifies the cases when such a pension can be issued. Namely, these are situations when:
• disability became the cause of total or partial loss of working capacity, and at the same time the person has the insurance experience stipulated by current legal norms;
• the disability occurred during the period of work, before or after employment (thus, the circumstances themselves are a secondary factor).
It is worth noting that in the case of disability from an accident at work, you need to refer to another legal act. It is the Law of Ukraine “On mandatory state social insurance against accidents at work and occupational diseases that have caused the loss of working capacity”.
A specific disability group reflects the degree of a person’s loss of working capacity. Regarding the period of pension payment, the legislators have provided for various cases, including if the person has become healthy and his working capacity has been restored. In this case, the pension is paid only until the end of the month for which the disability was established. If the group has changed, then the new amount of pension is provided from the day when the disability group changed.
What insurance experience is required?
Each disability group provides for its insurance length of service for pension assignment. We talk about this in more detail when we advise our clients and guide them in which specific legal norms are relevant for their situation. The following factors influence the establishment of a disability pension:
- insurance experience;
- age when the disability was established for the first time.
For example, unemployed persons with the II disability group can choose to receive this type of pension if:
- women have 20 years of insurance experience, and disability was first established up to and including 46 years of age;
- men have 25 years of experience at the same age of disability.
If the disability was established before the age of 48 inclusive, then for women it is 21 years of experience, and for men – 26 years. Later in the Law, this gradation is described in more detail.
What to do in the absence of insurance experience?
Current legislation also provides for such cases. If a person with a disability does not have enough insurance experience, he should contact the Department of Labor and Social Protection of the Population. This happens at the place of residence. It is necessary to submit an appropriate application on the basis of the Law “On State Social Assistance to Persons Ineligible for Pensions and the Disabled”.
Our team is ready to provide you with legal support for requests related to the registration of a disability pension. It will be profitable to order this service from us, given the extensive experience of our lawyers in such cases.