Military survivor’s pension

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

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Military survivor’s pension

Reading time: 4 min.

The issue of receiving a military pension for the loss of a breadwinner is regulated in accordance with the Law "On pension provision of persons released from military service and certain other persons". This normative legal act provides that parents, as well as the wife or husband of a breadwinner who died while performing their official duties, have the right to such a pension. The condition for receiving a pension is the age of at least 55 years. The amount of the pension should be 70% of the salary of the deceased breadwinner. At the same time, it cannot be less than UAH 7,800.

What are the features of accrual of this pension?

Such a pension is provided for family members of the breadwinner and the child. In cases where there are 2 or more children in the family, the pension is calculated in the amount of 50% for each of these children. At the same time, there is a rule that it cannot be less than UAH 6,100.

Probably, many people have a question about whether it is always necessary to wait exactly 55 years in order to receive a survivor's pension. In most cases, yes, but the current legislation provides for a number of exceptions. This should not be done by those who:

  • has the right to a pension, regardless of his age;
  • has the right to receive an early retirement pension;
  • has the right to receive a pension on preferential terms;
  • has the right to a pension with a reduction of the prescribed retirement age.

This also includes the category of persons with disabilities.

What to do if the death of the breadwinner is not related to the performance of official duties?

For such situations, other legal norms apply, and the spouse or husband, as well as the breadwinner's parents, have the right to a pension. But this is not the only difference. Also, to receive this pension, a person must reach the age of 60. In this case, the presence of disability or other circumstances listed in the previous paragraph is not taken into account as a reason for reducing the specified term.

Another significant difference is that the amount of the pension will be equal to 30% of the salary of the deceased. Such a pension will be received by each of those family members provided for in the legislation.

What else is worth knowing?

Regardless of the cause of the breadwinner's death, the minimum and maximum amounts of the pension determined by the current legal norms are applied separately to each of the family members who can claim this pension.

How can we be useful?

Among the topics of specialization in which the team of the "Prikhodko&Partners" law firm works are inquiries in the field of military law. We constantly monitor changes in the legislation, which is quite dynamic in these matters. This applies especially to the period of martial law. And we also know well from practice that clients often face artificial complications in exercising their rights. This can be related to both bureaucratic and human factors.

 

Even when the legal norms are on a person's side, they may face complications in applying them to their situation. This is where high-quality consultation and further professional legal support of the case comes to the rescue. We work with such cases quite often, so we know how to act. That is why the specialists of the law firm "Prikhodko&Partners" will explain your rights in detail to you, and will also take care to defend them qualitatively in the field of real practice.

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Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

Contact now
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