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Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.
New pensions for Chernobyl residents
The issue of providing pensions to citizens affected by the accident at the Chernobyl nuclear power plant has always remained an important part of social policy in Ukraine. People who were exposed to radiation or participated in the liquidation of the consequences have the right to special social guarantees and payments. Recent changes in legislation have significantly improved the conditions of their pension provision. For example, liquidator disability pensions remain the largest category among others. However, until recently there were limits on the maximum size of these payments, until the Constitutional Court declared them unconstitutional, which allows revision and adjustment of the settlement amounts in a larger direction.
Types of pensions for victims
The law of Ukraine provides several types of pensions for people who suffered the consequences of the Chernobyl accident. The main categories include:
- Old-age pensions are awarded to those who worked or lived in areas of radioactive contamination. The retirement age is reduced depending on the period of stay in the zone or the performance of work on the elimination of consequences.
- Disability pensions are for people who became disabled due to radiation exposure. The amount of payments depends on the degree of disability and earnings received while working in the exclusion zone.
- Pensions in connection with the loss of a breadwinner - are assigned to disabled family members who lost a breadwinner as a result of an accident.
Additional payments are provided for liquidators who have become disabled. They are calculated according to a special formula that takes into account compensation for loss of earnings during the liquidation of the accident in 1986-1990 or five times the amount of the minimum wage.
More detailed information about who is entitled to a Chernobyl pension can be viewed in the video.
Maximum pensions for disabled liquidators
The issue of maximum payments to liquidators who received disability has been relevant for a long time. Previously, there were legal restrictions, according to which the size of the settlement could not exceed ten subsistence minimums for disabled persons. This restriction was based on Law of Ukraine № 3668-VI.
However, on March 20, 2024, the Constitutional Court ruled that these restrictions were unconstitutional. The court came to the conclusion that the restriction contradicts the constitutional norms of social protection of victims. Thus, the maximum payments are no longer limited by law, which opens the possibility to revise the size of pensions.
Judicial protection of rights
It is important to note that residents of Chernobyl have the opportunity to defend their rights to adequate pension insurance through the court. Since the Constitutional Court abolished the limit on the maximum amount of pensions, victims can apply to the courts to review the amount of their pension payments. Such an opportunity is especially important for liquidators and disabled people who have suffered from an accident.
In this context, in addition to the decision of the Constitutional Court, other legislative acts are also in force, in particular Law of Ukraine № 796–XII "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster", which regulates Chernobyl pensions and provides for the right to recalculate pensions in accordance with the change the cost of living index and the growth of the minimum wage.
Additional pensions and social benefits
In addition to basic payments, residents of Chernobyl can receive additional payments depending on the category. For example, an additional pension in the amount of 474.5 hryvnias is provided for persons with disabilities of the I group who participated in the liquidation of the accident. For persons with disabilities of the II group - 379.6 hryvnias, and for persons with disabilities of the III group - 284.7 hryvnias.
There are also additional payments for other categories, in particular for disabled children or those suffering from radiation sickness. The minimum amounts of payments from March 1, 2024 are:
- with a disability of the I group - 14,308.46 hryvnias;
- with disability of the II group - 11,446.77 hryvnias;
- with a disability of the III group - 8,585.08 hryvnias.
These amounts ensure an adequate level of social support for people who have suffered the consequences of radiation exposure.
Will there be an increase in pensions for Chernobyl residents?
The issue of a possible increase in pensions for residents of Chernobyl raises many questions, because it is an important aspect of social policy.
Regarding this, in 2025, it is expected that payments may increase depending on indexation and changes in the minimum wage. For this, the government should make appropriate decisions, and then the residents of Chernobyl will be able to receive higher pension payments.
If the increase of pensions is delayed or the amount of payments does not meet the legal norms, the victims have the right to seek legal assistance to protect their rights. The lawyers of the company "Prіkhodko and Partners" will provide professional advice on pension issues. They will help to understand the intricacies of legislation, and provide support in case of legal disputes.
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Lawyer
Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.
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