Retirement of the deceased husband of Chernobyl

The Chernobyl disaster left a deep mark not only in the history of Ukraine, but also in the lives of thousands of families who lost their loved ones. The state, realizing the scale of the tragedy, took responsibility for the social protection of the victims. One of the important aspects of this protection is pension provision for family members who lost their breadwinner as a result of the accident at the Chernobyl nuclear power plant.

Who is entitled to a pension?

Disabled family members of the deceased who were dependent on him have the right to a pension.

They include:

1. Wife (husband): incapacitated wife (husband) of the deceased.
2. Children: children of the deceased up to the age of 18 or in full-time education up to the age of 23.
3. Parents: disabled parents who were dependent on the deceased son.

Pension registration procedure

• Applying to the Pension Fund: the first step is to apply to the territorial office of the Pension Fund at your place of residence.
• Submission of an application: an application of the prescribed format is filled out, in which all the necessary data about the applicant and the deceased are indicated.
• Submission of documents: a package of documents confirming the right to a pension is attached to the application.

Such documents include:

• Passport.
• Identification code.
• Death certificate of the breadwinner.
• Birth certificate, marriage certificate, etc. (documents related to family ties).
• Certificate of disability, extract from the medical card, etc. (documents regarding incapacity for work).
• Certificates of cohabitation, certificates of receipt of financial assistance, etc. (Documents regarding maintenance).
• Other documents that may be necessary for consideration of the case.

Examination of the application and documents: the Pension Fund carefully checks the submitted documents and makes a decision on granting or refusing to grant a pension.

Making a decision: the Pension Fund informs the applicant in writing about the results of the application review. In the case of a positive decision, the pension is granted from the month in which the application was submitted.

Recalculation of pension

The amount of the pension can be recalculated in the following cases:

• Change in the number of family members: If a child is born in the family, one of the family members dies or reaches working age, the amount of the pension is recalculated according to the new number of disabled members.
• Indexation: the pension is indexed annually in accordance with the law. The amount of indexation depends on the level of inflation and other economic indicators.

Judicial appeal: if a family member does not agree with the decision of the Pension Fund, he has the right to appeal to the court. The court considers the case in the order of administrative proceedings and can cancel the illegal decision of the Pension Fund.

Why might a legal challenge be necessary?

1. Unlawful rejection of the application: if the Pension Fund refused to assign a pension or transfer it without valid reasons.
2. Incorrect calculation of the amount of the pension: when the amount of payments does not comply with the legislation and established norms.
3. Violation of payment terms: if the pension is paid late or not in full.

What to do if the court decision is not implemented?

If the Pension Fund has not implemented the court decision, it is possible to apply to the state executor for enforcement of the decision.

It is important to remember that the terms of appeal to the court are limited. Do not delay filing a claim. Each case is individual. The outcome of the trial depends on the specific circumstances of the case.

The pension provision of family members who lost their breadwinner as a result of the Chernobyl disaster is an important component of the social protection of the victims. The legislation of Ukraine guarantees the right to such a pension and provides a certain procedure for its registration. However, various issues and difficulties may arise in practice. Therefore, when applying to the Pension Fund, it is recommended to familiarize yourself with your rights and obligations in advance, and if necessary, consult a lawyer.

Legislation in this area is constantly changing, so information should be regularly updated. To receive detailed advice on your pension case - leave a request on the website and our lawyer will contact you in the near future.