Termination of pension payment in connection with departure abroad

Every citizen of Ukraine has the right to freely choose his place of residence, knowing that his rights will be preserved. This applies, including, to pensioners. Today, despite the restrictions on travel abroad for some segments of the population due to martial law, most pensioners are traveling abroad. So the desire to move to a place where you can live in a peaceful environment seems natural. All the more so considering the fact that it has become very dangerous to live in many cities of Ukraine, and such a move has turned into a forced measure.

What does the law say about pensions, if a person has left?

Sometimes you can hear the myth that going abroad is a reason to stop paying a pension. But this is not true, because the right to pension remains and remains relevant, regardless of where a person lives. The pension is paid when it is stipulated by the international treaty of Ukraine, which our Parliament recognized as mandatory.

Let's take a closer look at Article 51 of the Law of Ukraine "On Mandatory State Pension Insurance" dated July 9, 2003 № 1058-IV. It says that the pension assigned in Ukraine can be paid to the pensioner 6 months in advance before leaving, upon the pensioner's application. This is calculated starting from the day that follows the month of deregistration at the pensioner's place of permanent residence.

At the same time, in the mentioned Law, namely, clause 2, part 1, article 49, it is stated that during the pensioner's residence abroad, the PFU will stop paying the pension, if this is determined by an international treaty to which our state has joined. Perhaps someone has a question, how then will the right to pension security be respected, if there is such a legal norm. But in order to understand, you need to pay attention to what the Constitutional Court of Ukraine says about this legal norm.

What is the position of Constitutional Court of Ukraine?

Decision №25-rp/2009 dated 07.10.2009 will be relevant here. It states that the already mentioned Clause 2 Part 1 of Article 49 regarding the possibility of suspending pension payments during the pensioner's stay abroad is unconstitutional. This, in its turn, means that from the date of adoption of the relevant Decision of the Constitutional Court of Ukraine, the specified provision of the law has lost its validity.

If we talk briefly about the content of the Decision and its reasoning, it says that the social protection of citizens includes, among other things, the right to pension. Therefore, the termination of pension payments in connection with moving abroad contradicts the very social and legal nature of pensions. That is why neither temporary nor even permanent residence abroad is a reason not to pay a pension to a person. Therefore, if territorial bodies of the PFU make such decisions, they are illegal and can be successfully challenged in court.

How will the help of our law firm be useful?

Law office "Prikhodko&Partners" is a team of competent specialists who specialize, including, in the field of pension law. Unfortunately, in our practice, we regularly encounter the fact that the Pension Fund is not on the side of the pensioner in situations where he is protected by the law. Then we have to defend the interests of our clients in court.

Despite the fact that this position of the PFU creates certain stress for the pensioner, there is a legal and economic expediency to seek justice.

• First, current legal norms allow this.
• Secondly, there is rationality in such a decision from the point of view that a person pays taxes from his salary all his life, counting on further protection from the state.

When a citizen on his part fulfills the duties prescribed by law, even the representatives of the authorized state bodies should not prevent the social protection of the citizen to be adequate, regardless of his place of residence.

Contact us - and we will help you defend the truth and achieve the desired result.