Early retirement due to health

When it comes to the right of citizens to retire early due to their state of health, it is worth understanding the specific legal trends and peculiarities of the procedure. These features will differ, depending on which factor the pensioner is talking about - civilian or military. It is worth noting that pension law belongs to the competence of the Prikhodko&Partners law firm. This is one of those areas that are the focus of our practice. So you can apply and get quality help.

Early retirement of civilian pensioners

When we talk about the early retirement of a civilian pensioner due to the deterioration of his health, the normative legal act that regulates this issue is "The procedure for terminating an employment contract at the initiative of the employer (the owner or a body authorized by him, a natural person who uses the labor of salaried employees) in connection with the discovery of the employee's incompatibility with the position he holds in terms of health, if he has the right to early retirement due to old age", approved by the Resolution of the CMU №1449 of December 27, 2022.

Clients often have questions about the interpretation of legal norms contained in such documents. So we answer your questions in a consultation format and explain complex legal norms and legal trends and phenomena in understandable terms.

Regarding the important aspects that need to be noted in such a case, they are as follows:

• Clause 4 of the above-mentioned Resolution states that in order to retire on this basis, one must have the insurance experience required to determine the minimum age pension.
• The person must be released no earlier than 1.5 years before reaching the retirement age established by law.

If it is a matter of dismissal in connection with the incompatibility of the position held due to the state of health, and the initiator of this process is the employer, then it is he who must submit an application to the authorized territorial body of the PF in order for his employee to be paid the appropriate pension. However, it is important here to provide a document that confirms that the employee really cannot perform his job duties due to his health condition.

Early retirement of military pensioners

Here, too, we will consider exclusively the reason related to the deterioration of health. As for the key normative legal act that regulates this issue, it is about the Law "On pension provision of persons released from military service and certain other persons". The relevant aspects of legal regulation, which are worth mentioning here, are the following:

• The pension provision of servicemen who retired on this basis is 55% of the amount of monetary provision
• Each subsequent year, which follows 20 years of service, adds another 3% of the pension to the soldier's pension.
• The maximum amount of the pension is 70% of the sums of the pension fund.

If you need high-quality consultation or legal support in matters related to early retirement due to health deterioration, you can contact the specialists of the Prikhodko&Partners law firm for these services. Specializing, including, in matters of pension law, we know how to help our clients efficiently and effectively.