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Pension assignment to military personnel

Pension assignment to military personnel

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With inquiries related to the assignment of pensions to military personnel, clients turn to lawyers specializing in pension law. The team of the law firm "Prikhodko and Partners" includes such specialists. So you can get professional and competent assistance in those cases that concern the assignment of so-called military pensions. In the meantime, we suggest that you familiarize yourself with the legislation that regulates this area in more detail.

Pension assignment to military personnel

 

Among the legislation regulating the assignment of military pensions, it is especially worth mentioning the following regulatory legal acts:

  • The Law of Ukraine “On Pension Provision”;
  • The Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons”;
  • The Law of Ukraine “On Monthly Cash Payment to Certain Categories of Citizens”;
  • The Law of Ukraine “On Pensions for Special Merits to Ukraine”;
  • The Law of Ukraine “On Compulsory State Pension Insurance”.

Attention should also be paid to the following Resolutions of the Cabinet of Ministers:

  • Resolution № 393 of July 17, 1992 “On the Procedure for Calculating Years of Service, Assigning and Paying Pensions and Cash Benefits to Officers, Warrant Officers, Warrant Officers, Servicemen of Overtime Service and Military Service Under Contract, Personnel of Command and Rank-and-File Members of Internal Affairs Bodies, Police Officers, Employees of the Judicial Security Service and Members of Their Families”;
  • Resolution № 45 of February 13, 2008 “On approval of the Procedure for recalculating pensions assigned in accordance with the Law of Ukraine “On pension provision for persons discharged from military service and certain other persons” and amending the Resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 No. 393”;
  • Resolution № 704 of August 30, 2017 “On monetary support for military personnel, rank-and-file and command personnel and certain other persons”.

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As you can see from this list of regulations, the legislation governing the issue of pensions for military personnel is quite complex and extensive. Therefore, it is good to have a lawyer assist in the implementation of specific norms in practice, who can help you navigate how to better understand and implement them in the context of a specific client's story.

What types of pensions can military personnel receive?

Among the pensions received by military personnel in Ukraine, it is worth noting the following types of pension provision:

Requirements for years of service may vary depending on the date of discharge of military personnel from service. For example, if a military personnel was discharged before September 30, 2011, he or she must have 20 years of service or more. This is enough for the military personnel to be assigned a pension. And if we are talking about those who were discharged from October 1, 2018 to September 30, 2019, then on the day of discharge, such military personnel must have 24 calendar years of service to be assigned this pension.

The above are just 2 examples. If we examine in more detail the legal norms enshrined in Article 12 of the Law "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons", we can see a much wider differentiation of requirements for service, depending on the date of discharge of the serviceman. We are talking about service from 20 to 25 years as the minimum indicator for the assignment of such a pension.

What documents are required for the appointment of a pension?

To apply for a pension, a serviceman must submit the following documents:

  • application for the appointment of a pension;
  • a passport of a citizen of Ukraine or a temporary certificate;
  • a copy of a certificate of the National Service for the Protection of the Armed Forces;
  • a certificate or other document confirming an open account with Oschadbank, since it is to this account that the pension will be paid;
  • a cash certificate or certificate of the amount of monetary support (GS);
  • certificates of additional types of GS received by the applicant during the last 24 months preceding dismissal from service;
  • a document confirming the insurance experience;
  • military medical documents regarding the state of health;
  • a certificate of the MSEK, if the serviceman was recognized as a person with a disability;
  • documents confirming the right to establish allowances, supplements, and promotions.

Thus, the legislation quite carefully regulates the procedure for the appointment of a pension for long service or in connection with the disability of servicemen.

How can we be useful?

When you contact the lawyers of the law firm "Prikhodko and Partners" with inquiries regarding the assignment of pensions to military personnel, you can receive the following services from us:

  • consultation that will help you more thoroughly analyze your situation and its prospects;
  • legal support - for example, when interacting with the Pension Fund, the Central Committee of the Armed Forces, the military unit;
  • representation in court if there are problems with the assignment of a pension.

To order the listed services, fill out the feedback form on our website.

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