Ternova Diana

Lawyer

E-mail

ternova@prikhodko.com.ua

Phone numbers

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

PENSION FOR THE LOSS OF A CAREGIVER

According to the first part of Article 30 of the Law of Ukraine “On pensions for persons discharged from military service, and some other persons” (hereinafter – Law № 2262-XII), disabled family members of the dead, deceased or missing missing military personnel, persons entitled to a pension under this Law, who were in their support.

Disabled family members include, in particular:

spouse, parent, mother, if they are persons with disabilities or have reached retirement age;
children under the age of 18 (children studying and orphans – 23 years old) or older than this age if they became persons with disabilities before reaching 18 years of age;
husband (wife), one of the parents or brother or sister, grandfather or grandmother of the breadwinner, regardless of age and ability to work, if he (she) does not work and is busy caring for the child (children) of the breadwinner until he (they) reaches 8 years of age.

According to Article 45 of Law № 2262-XII, for families of retired military personnel, persons entitled to a pension under this Law, pensions in the event of loss of a breadwinner are calculated from the same monetary allowance (earnings) from which the breadwinner’s pension was calculated.

Disabled family members whose breadwinners were in the military service, service in the internal affairs bodies, the National Police, the Judicial Security Service, the State Fire Service, the State Service for Special Communications and Information Protection of Ukraine, bodies and divisions civil protection, tax police or the State Penitentiary Service of Ukraine and some other persons entitled to a pension under Law № 2262-XII.

Conditions for granting a survivor’s pension

The pension for the loss of a breadwinner is assigned to disabled members of the family of the deceased breadwinner who were supported by him, if the deceased person on the day of death has the insurance period necessary for him to assign a pension for disability group 3. In the event of the death of a pensioner – regardless of the length of the insurance period.

The parents and spouse of the deceased, who were not supported by him, are entitled to a survivor’s pension if they have no means of subsistence.

Disabled persons include:

parents, husband (wife) who are retired or disabled,
children under 18 years of age and adult children who are disabled (if disability occurred before the age of 18),
orphans (up to 23 years old),
children – schoolchildren, students (up to 23 years old), etc. A more complete list can be found in the Law of Ukraine “On Compulsory State Pension Insurance”.

The amount of the pension is:

50 percent of the old-age pension of the deceased breadwinner per 1 disabled family member;
100 percent of the old-age pension of two or more disabled family members, distributed between them in equal shares.

A pension in connection with the loss of a breadwinner is assigned for the entire period during which a family member of the deceased breadwinner is considered disabled, and for pensioner family members who have reached retirement age – for life.

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