Фото: Who is entitled to a privileged pension?

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Chmona Alona

Assistant lawyer

Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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Who is entitled to a privileged pension?

Reading time: 3 min.

The Laws of Ukraine "On Compulsory State Pension Insurance" and "On Pension Provision" regulate the granting of preferential pensions. At the same time, there are many complex issues in the field of pension law that require not only reading the text of key regulations, but also the support of a professional lawyer. There are several reasons for this.

  • First, the Pension Fund in many situations is not on the side of the pensioner, so its representatives may refuse to grant a pension on preferential terms without proper grounds.
  • Secondly, there are legal provisions that create a conflict, i.e., provisions of different legal acts on the same issue contradict each other. And although the practice of the Supreme and Constitutional Courts of Ukraine is usually in favor of the pensioner, Pension Fund officials, as a rule, apply a less favorable rule for him or her. In view of this, legal support in the matter of preferential pensions is very important.

 

What articles of legislation regulate the appointment of a preferential pension?

The list of employees who are recognized as entitled to a pension on preferential terms is defined in the following articles of the relevant regulations:

  • Article 114 of the Law of Ukraine "On Compulsory State Pension Insurance"
  • Article 13 of the Law of Ukraine "On Pension Provision".

The key conditions for granting a privileged pension include

  • a certain length of insurance period, including in particularly harmful, particularly difficult working conditions, underground work or in certain industries
  • reaching a certain age;
  • compliance with the requirements for workplace certification.

As noted above, sometimes legislative provisions are in conflict with each other, such as the granting of preferential pensions to women in List 1. Law №1788-XII, subject to the requirements for length of service and certification of workplaces, provides for the possibility of retirement at the age of 45, while Law №1058-IV provides for retirement at the age of 50. In its turn, the Constitutional Court of Ukraine has enshrined the right of women in List 1 to retire at the age of 45. The Pension Fund, on the other hand, refuses to grant a reduced pension in such cases, and its representatives argue that the applicant must be 50 years old. When a professional lawyer specializing in pension law takes on such a case, the situation can be moved forward.

The above is just one example of when professional legal support in pension law matters is appropriate. In fact, there are many similar cases, all of which are united by the fact that they are winning cases. But to achieve the desired result, you need to have a perfect knowledge of the relevant legislation and judicial practice in exemplary cases, where decisions are binding on other similar cases.

 

How can our pension lawyer help?

When the team of the Prikhodko & Partners Law Firm takes on such topics, at the initial consultation, we decide on the person's right to a preferential pension. If the prospect is positive, we guide the client on what documents he or she needs to collect to receive it.

If there is a refusal from the Pension Fund, and the person's right to a privileged pension is violated, we analyze the refusal at the initial consultation, building a plan for further action and appeal. We do not stop halfway and guide our clients to the result.

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Assistant lawyer

Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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