What periods are not included in the insurance period?

The statutory definition of insurance length of service is contained in the Law "On Mandatory State Pension Insurance". This document is dated January 1, 2004. So, the first article of this legal act states that the insurance period is the period when a person was subject to state social insurance, for which or for which the corresponding fee was paid. In simple words, it refers to the period when a person paid insurance premiums. The question of what is included in the insurance record and what is not is quite common today. Therefore, the team of the "Prikhodko&Partners" law office is often contacted with him. This topic is one of our core areas of expertise, so we are happy to help you.

What transformations has the legislation undergone?

Until January 1, 2004, the concept of "work experience" was in the legislation. He was enrolled on the basis of the employment book. The person also submitted other additional documents to the Pension Fund that confirmed his work experience. The mentioned date was the beginning of certain changes. The length of service began to be counted according to the data of personalized accounting, taking into account the payment of insurance premiums.

What is the most common reason for seniority not being credited?

In the vast majority of cases, the reason for not including one or another period in the insurance record is the employer's failure to pay insurance premiums for the employee. It is important to note that the obligation of such payment and the obligation to calculate length of service is placed on the employer, because he is the insured. Accordingly, if a situation occurred when the actual length of service was not included, the employer is responsible for this.

What does court practice say?

Case law on this topic is another important layer of information that should be considered. Especially when it comes to decisions of the Supreme Court of Ukraine. So, the Supreme Court has repeatedly noted that the employee is not responsible for the fact that the insured (who is the employer) did not fulfill his obligations to calculate and pay insurance premiums.

When it comes to non-accrual and non-payment of such contributions in the disputed period, this period cannot be disregarded when calculating the insured person's insurance experience.

Which periods really do not count?

And when we talk about periods that really do not count, then we are talking about studies - in higher and secondary schools, as well as other educational institutions. It also happens that certain periods of work are not counted for other reasons. In this case, each reason should be considered together with a lawyer. You will meet such a specialist in the team of the Prikhodko&Partners law office.

Summing up…

Therefore, in some situations, insurance experience may not be counted. But it often happens that representatives of the Pension Fund do not want to take into account in the calculation of the insurance period the period that should be clearly included in it. In the first case, you need the consulting help of specialists to figure it out. And in the second situation, you will need high-quality support, which will ensure the possibility of including the disputed period in the insurance period. As a rule, such cases are resolved through the court. And it is worth understanding that they are winning.

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