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The concept of pension and the specifics of its purpose in various cases are regulated by Law of Ukraine № 1058, which is entitled “On mandatory state pension insurance”. In particular, in the context of this topic, Article 10 of this normative legal act is of great importance, according to which, having the right to different types of pension, a person can independently choose the one that is more profitable. Therefore, the transition from the old-age pension to the pension provided for civil servants is quite real, if a person is entitled to each of them. In this case, it is often advisable to choose the second option. We invite you to learn more about this topic.
What legal acts regulate this issue?
The Law “On Civil Service”, dated January 10, 2015, which entered into force in May of the following year, is relevant for civil servants in the matter of their pension provision. Part I of Article 90 of this normative legal act provides that the pension provision of civil servants is carried out in accordance with the Law of Ukraine “On Mandatory State Pension Insurance”.
However, the final provisions of Law № 889 preserve the right to grant a pension in accordance with Article 37 of the Law of Ukraine “On Public Service” № 3723-ХІІ “previous law on public service”.
In the context of the topic we are considering, it is important to note the following regarding persons who are entitled to a civil servant pension. It is about:
- civil servants who, on the date of entry into force of the new Law, hold relevant positions and have at least 10 years of experience in civil service positions specified in Art. 25 of Law № 3723 and acts of the Cabinet of Ministers;
- persons who, on the date of entry into force of the new Law, have at least 20 years of experience in public service positions, mentioned in Art. 25 of Law № 3723 and acts of the Cabinet of Ministers.
Despite the fact that such formulations may seem difficult to understand, the specialists of the “Prikhodko&Partners” law firm know how to explain legal topics to clients in the most accessible way possible during consultations.
What problems do pensioners face in practice?
Ukrainian pensioners often face a problem when the Pension Fund abuses the transfer from one type of pension to another. For example, seniority, which should have been counted specifically for public service, is not properly taken into account. Or else, PFU officials do not want to take into account the updated financial support certificates, when the pension needs to be recalculated based on them. And there are also such situations when representatives of this institution show excessive formalism regarding the consideration of entries in the work book. For example, they may refuse to take into account the length of service, which, in their opinion, is not clearly recorded.
In some cases, pensioners give up, because it may seem that suing a government agency, defending their rights, is not a promising strategy. But it is not so. In fact, you can protect your rights, and such cases are winning, as evidenced by numerous examples from actual court practice.
The team of the law office will provide quality help in this, because we regularly and effectively work with such requests. So apply.