Фото: Recalculation of pensions for liquidators of the Chernobyl disaster

"Law doesn’t require impossibility."

Liubomyr Kozhukhov

Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.

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Recalculation of pensions for liquidators of the Chernobyl disaster

Reading time: 3 min.

First of all, we need to determine which legal acts regulate social security for the unique but rather large category of Ukrainian pensioners, which is unlikely to exist anywhere else but in our country.

The main legal act that defines the basics and general provisions of social security, including pensions, for persons affected by the Chornobyl accident is the Law of Ukraine 796-XII «On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster».

The most vulnerable and affected population are the people who risked their lives and health and lost some of it during the liquidation of the consequences of the destruction of Unit 4. We are talking about people with disabilities due to radiation exposure.

 

Turning to Article 54 of this law, we can see a rather important detail in the first part of this article: «disability and survivor's pensions as a result of the Chornobyl disaster may be granted at the request of a citizen from the earnings received for work in the exclusion zone in 1986-1990, in the amount of compensation for actual losses».

In general, regardless of whether a pensioner has expressed such a desire or not, and whether it has a positive impact on the amount of his or her pension, each of the two pensions mentioned above is calculated at five times the minimum wage. This is set forth in a separate Procedure for Calculating Pensions for Persons Affected by the Chornobyl Disaster approved by the Cabinet of Ministers of Ukraine, Resolution No. 1210, namely paragraph 9. This resolution clearly and thoroughly explains what information is used and what formula is used to calculate these types of pensions, but a large number of pensioners may get confused by the intertwining of legal rules or terms.

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In fact, the previously mentioned pensions (disability and survivor's pensions), without taking into account the salary during the liquidation period, solely from the amount of five times the minimum wage, are recalculated automatically, due to changes in the minimum wage every year, but, unfortunately, these increases are often not so tangible. Of course, everything is very individual when we talk about salary levels during the aftermath, but few of the people who sacrificed their health received the minimum wage during the Chornobyl accident.

The problem is that those who could not, did not have time, or did not know about these legal norms, after 1986, when the consequences of radiation exposure began to take effect in their lives and compensation for the damage caused by the state was not fair, began to think about working on these issues. However, you can more clearly determine the approximate amount of your expected pension when you receive this certificate.

A small number of pensioners classified as category 1 liquidators of the Chornobyl accident (persons with disabilities due to radiation exposure) may receive or already receive pensions of 30, 40 or 50 thousand hryvnias due to the timely application of this provision of the law.

 

However, in practice, the problem and difficulty lies not only in obtaining information on earnings, but also in the correct and timely consideration of this information by the Pension Fund.

If you face any problems in resolving this issue, we are ready to assist you in such situations and protect your rights. Fill out the form on the website and our lawyer will contact you as soon as possible.

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Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.

Contact now
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