Pension for the loss of a breadwinner of the Chernobyl nuclear power plant

Pension amount: 50% of 6, 8 or 10 minimum pensions by age

Law No. 796-XII establishes special guarantees for the amount of pension payments to the families of deceased liquidators. For families of persons with disabilities whose disability is related to the Chernobyl NPP, the survivor's pension is determined as a percentage of the guaranteed base - 6, 8 or 10 minimum pensions by age, depending on the disability group of the deceased.

In particular:

• in case of disability of group I - the starting base is 10 minimum pensions by age;
• group II - 8 minimum pensions;
• group III - 6 minimum pensions.

The pension amount for each disabled family member is determined as 50% of the corresponding base. Thus, if the liquidator had a group II disability, the family is entitled to 50% of 8 minimum old-age pensions, and not to the “regular” insurance calculation.

Judicial practice proceeds from the fact that the minimum old-age pension is determined in accordance with Article 28 of Law No. 1058-IV and is equal to the subsistence minimum for persons who have lost their ability to work. Any reduction of this base or the application of subordinate legislation restrictions is recognized as unlawful.

Typical violations by the PFU bodies

In practice, the Pension Fund bodies often:

• refuse to apply the special norms of Law No. 796-XII, citing the lack of separate documents;
• transfer the family to a general pension for the loss of the breadwinner under Law No. 1058-IV, which significantly reduces the amount of payments;
• illegally reduce the amount of an already assigned pension under the pretext of “clarifying data”;
• do not recalculate in accordance with the current subsistence minimum.

A particularly common situation is when, after the death of a disabled liquidator, the PFU does not apply the guarantee of 50% of 6, 8 or 10 minimum pensions, citing the lack of an archival certificate or primary order to participate in the liquidation. Such an approach contradicts the principle of the rule of law and the social orientation of the state.

Judicial appeal of pension reduction

The appeal is carried out in the administrative procedure in accordance with the Code of Administrative Procedure of Ukraine.

Claims usually include:

• recognition of the actions or inaction of the PFU body as unlawful;
• cancellation of the decision to reduce or refuse;
• obligation to recalculate using 50% of 6, 8 or 10 minimum pensions by age;
• recovery of the unpaid amount for the past period.

Courts systematically emphasize: if the status of the liquidator and disability related to the Chernobyl NPP are established in the manner prescribed by law, the PFU body does not have the discretion to change the guaranteed amount of the pension. The absence of individual documents can be compensated for by other appropriate evidence, including archival extracts, decisions of the MSEK, court decisions on the establishment of legal facts.

In addition, case law confirms that the special provisions of Law No. 796-XII have priority over the general provisions of pension legislation. Therefore, converting to the "normal" calculation formula is illegal.