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When a son or daughter dies in war, defending the Motherland, it is always a tragedy for the family. At the same time, the state, on its part, is doing something to support relatives. In particular, the parents of a deceased serviceman may receive an appropriate pension. Lawyers of the Prikhodko&Partners law firm are often approached by clients with such requests. In a consultative format, we explain the specifics of the current legal framework, and we can also provide legal support in the matter of pension registration.
What does the current legislation say?
As for the conditions for granting a pension in such cases, the article is relevant here. 30 of Law № 2262-XI. It is entitled “On pension provision for persons released from military service and certain other persons”. Specifically, part 3 of the mentioned article mentions the conditions under which the parents of a deceased serviceman have the right to a corresponding pension. This is an early age pension, which can be granted to men upon reaching 55 years of age, and to women upon reaching 50 years of age. However, age is not the only condition in this case. It is also about having a certain insurance experience. He must be at least 25 years old when it comes to the father of a fallen military man, and not less than 20 years old when they mean the mother of a fallen military man.
What amount of pension is provided in such cases?
As for the amount of the pension, it is established by the Resolution of the Cabinet of Ministers “On additional social protection of certain categories of persons”. The document has number 674 and was adopted on August 3, 2020. Today, the amount of the pension must be no less than 7,800 hryvnias.
In Art. 50 of the above-mentioned Law № 2262-XI states that parents who have acquired the right to receive a survivor’s pension have the right to a pension from the day they apply for it. If the pension was not awarded on time, it must be paid from the day when the right to receive it arose.
What normative legal act regulates the procedure for assigning a pension
Such a document is the “Procedure for submission and execution of documents for the assignment (recalculation) of pensions in accordance with the Law of Ukraine “On pension provision of persons discharged from military service and certain other persons”.
Usually, any such procedure is additionally approved by a resolution. In this case it is no exception. This refers to the Resolution of the Pension Fund № 3-1 dated January 30, 2007.
How our services can be useful?
The team of the legal company “Prikhodko&Partners” works in various client requests, including those at the intersection of military and pension law. If you divide our services into groups, they will be as follows:
- Consultations. This is possible both in face-to-face and in remote format. So customers can choose the format that is more convenient for them.
- Legal support. For example, this applies to situations when we are delegated interaction with certain state institutions.
- Representation of interests in court. This happens in situations when it is not possible to defend the rights of clients in another way – for example, if the Pension Fund unreasonably refuses to pay the exact amount of pension that a person should receive, according to the norms of current legislation.
The death of an adult child who died defending the Motherland is a tragedy. But, at the same time, it is worth taking care of the legal side of the issue and getting the well-deserved social guarantees provided for by law. This will not bring back the son or daughter, but it will make it possible, at least in material terms, to have the support due in connection with the loss of the breadwinner.