PENSION SUPPLEMENT TO PERSONS LIVING IN THE CHERNOBYL ZONE

A similar topic regarding the pension provision of persons living in the "Chernobyl zone" and their right to the so-called "supplement to pension" has already been covered on our website of the "Prikhodko&Partners" Law Firm, which can be found at the link.

However, a number of almost the same questions arise when discussing the applications of pensioners regarding their pension security and the right to such "additional payment", so today we will tell in more detail what problems arise at the stage of filing a lawsuit in court and directly during the execution of a court decision.

Persons entitled to such additional payment are:

• pensioners who live in one of the zones of radioactive contamination (according to the List of settlements classified as zones of radioactive contamination due to the Chernobyl disaster);
• pensioners who do not officially work;
• pensioners who have an appropriate identity card of a person who suffered as a result of the accident at the Chernobyl NPP.

Analyzing these requirements, we should pay special attention to the fact that, through the numerous practice of the Supreme Court, namely the exemplary case № Pz/9901/21/20 (№ 580/2371/20) – regarding the promotion of pensions to persons injured as a result of the disaster at the Chernobyl nuclear power plant, the court reached to the conclusion that - "restoration of the effect of Art. 39 of Law № 796, as amended until January 1, 2015, does not grant the right to receive a pension increase in the amount of one minimum wage to unemployed pensioners who live in the territory that belonged to the zone of enhanced radio-ecological control."

That is, pensioners who meet all the above requirements, but live in the so-called "4th zone" do not have the right to such an additional payment in accordance with the norms of the current legislation and the established judicial practice of the Supreme Court.

Problems arising in the execution of a court decision

A large percentage of requests among our Clients is the question of the difference between "minimum wage" and "living wage" and how to oblige the PFU to make additional payment in accordance with the final part of the court decision.

As you know, judicial practice is not clear-cut, and each judge has his own position on this issue.

• or from the minimum wage (as it is written in Law № 796)
• or from the subsistence minimum for able-bodied persons (applied in connection with the current Law of Ukraine № 1774).

The majority of administrative courts (depending on the region) make decisions, where in the operative part they apply the calculated amount, namely "subsistence minimum for able-bodied persons" guided by the following:

• "The provisions of Clause 3 of Section II of the "Final and Transitional Provisions" of the Law of Ukraine № 1774-VIII define a new calculation value that is subject to application during the implementation of the provisions of Article 39 of the Law of Ukraine № 796-XII, which does not have the legal effect of suspending its effect.

A similar approach was applied by the Supreme Court during the consideration of exemplary case № 200/9195/19-a, with which the Grand Chamber of the Supreme Court agreed.

Thus, in the decision of the Supreme Court based on the results of consideration of the mentioned case, it is stated that the Law of Ukraine № 1774-VIII changed the approach to determining the size of salaries and wages of employees, as well as other payments (for example, for calculating the amount of fees for the provision of administrative services, in collective contracts and agreements of all levels). That is, this Law introduces a new calculation value for determining the size of certain payments by replacing the minimum wage with a living wage."

So, how to proceed further, what to do, if there is already a court decision with the calculated amount of "minimum wage", how to force the PFU to comply with the court decision in a proper way? Call the "Prikhodko&Partners" Law Office, which will professionally advise you and answer all your questions.