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The disappearance of a loved one is always a great stress. However, in addition to the emotional plane of experiencing such events, the legal one does not disappear anywhere. In particular, when it comes to pension provision for children of servicemen who have gone missing. The team of the “Prikhodko&Partners” law firm works regularly in these topics, as client requests in the field of military law are common in our work. We offer to deal with this topic in more detail.
What legal acts are relevant?
If we talk about the legislation, the norms of which regulate this issue, then it is worth mentioning 2 key laws:
- “On the legal status of persons missing under special circumstances”;
- “About mandatory state pension insurance”.
First of all, it will be advisable to refer to the terminology. Therefore, a person whose whereabouts are unknown at the time of submitting a search application is considered missing. Also, persons who disappeared under special circumstances are allocated to a separate group. Here under special circumstances are meant military actions, armed conflicts, temporary occupation and man-made and natural emergencies.
There are clearly defined categories of children who are entitled to a breadwinner’s pension who have been granted the legal status of a person who has disappeared under special circumstances. These are children who:
- were born before resurfacing 10 months from the moment the serviceman went missing;
- are 18 years of age or older if they have a disability;
- study in institutions of secondary, higher and vocational education until the age of 23.
Thus, the legislation sufficiently carefully regulates the issue of pension in such cases.
What documents must be submitted?
Regarding the documents that should be submitted for the registration of a pension, these are:
- passport of a child or a person who legally represents the child’s interests;
- TIN certificate, if any;
- Birth Certificate;
- information from the relevant register containing data on persons who went missing during special circumstances.
Thus, the procedure for receiving a pension is quite clearly regulated.
What else should you know?
It is also worth knowing the following aspects:
- the very fact of accruing a pension to a child does not depend on the insurance length of service of the missing soldier, length of service affects only its size;
- the child can start receiving a pension one month after the serviceman’s data has been entered into the relevant Unified Register;
- the pension is paid during the period as long as the serviceman maintains this status, and ceases to be accrued from the first day of the month following the establishment of the location, stay or finding of the remains of the serviceman.
If you have any questions on this topic, we are ready to answer them in the format of a consultation. The team of the “Prikhodko&Partners” law office provides consultations both face-to-face and online. We also offer services for legal support of your interaction with authorized state bodies during the preparation of the necessary documents.
Of course, the disappearance of a loved one is a big challenge. But at the same time, the legal aspects should be properly adjusted so that the children of a military serviceman can receive support from the state.