SUPPLEMENT TO THE PENSION FOR NON-WORKING PENSIONERS UNDER ARTICLE 39

PENSION INCREASE FOR NON-WORKING PENSIONERS IN THE AMOUNT OF 2 OR 3 MINIMUM WAGES: WHO IS ELIGIBLE?

Today, most pensioners receive meager pensions, as of January 01, 2023, according to the published statistics of the Pension Fund of Ukraine, the average pension in Ukraine is UAH 4,622.59.

Some categories of pensioners do not even suspect that they are entitled to an increase, the so-called “surcharge”, provided for by current legislation.

Therefore, today we will analyze in detail who is entitled to an increase to a pension in the amount of two or three minimum wages.

REGULATORY REGULATION

Article 39 of the Law of Ukraine “On the status and social protection of citizens affected by the Chernobyl disaster” (hereinafter – Law № 796-XII), as amended by
On January 01, 2015, it assumed that citizens working in the territories of radioactive contamination would receive an additional payment in the following amounts:

• in the zone of unconditional (mandatory) resettlement – three minimum wages;
• in the zone of guaranteed voluntary resettlement – two minimum wages;
• in the zone of enhanced radioecological control – one minimum wage.

Subsequently, on December 28, 2014, Law № 76-VIII was adopted, which entered into force
January 01, 2015, subparagraph 7 of paragraph 4 of Section I of which amended Law № 796-XII by deleting articles 31, 37, 39 and 45.

However, by the decision of the Constitutional Court of Ukraine № 6-р/2018 dated July 17, 2018, it was recognized as inconsistent with the Constitution of Ukraine (are unconstitutional), in particular, subparagraph 7 of paragraph 4 of Section I of Law № 76-VIII.

It was decided that the provisions of subparagraph 7 of paragraph 4 of section I of the Law № 76-VIII, recognized as unconstitutional, become invalid from the date of adoption of this decision by the Constitutional Court of Ukraine.

So, from July 17, 2018, the wording of Article 39 of Law № 796-XII, which was in force until January 01, 2015, was renewed.

Moreover, on March 18, 2020, the Grand Chamber of the Supreme Court adopted exemplary case № 240/4937/18 on this issue.

WHICH CATEGORIES OF PENSIONERS ARE ELIGIBLE FOR THE SPECIFIED SUPPLEMENT?

The requirements for assigning such a “surcharge” to a pensioner are:

• the pensioner lives in one of the zones of radioactive contamination (according to the List of settlements classified as zones of radioactive contamination due to the Chernobyl disaster);
• the pensioner does not officially work;
• there is a corresponding certificate of the person who suffered as a result of the Chernobyl accident.

IN WHAT AMOUNT IS THE “ADDITIONAL PAYMENT” TO THE PENSION?

The Law of Ukraine № 796-XII, as amended until January 01, 2015, provides for an additional payment in the amount of 2 or 3 MINIMUM WAGES, in accordance with the territories of radioactive contamination where the pensioner lives, as of today, one minimum wage is UAH 6700.00 accordingly, two minimum wages amount to UAH 13,400.

It should be noted that, analyzing numerous judicial practice, the lawyers of the PRIKHODKO&PARTNERS Law Office came to the conclusion that the PFU authorities, when implementing these decisions, take into account the subsistence minimum for able-bodied persons, referring to paragraph 3 of section II of the “Final and Transitional Provisions” of the Law dated 06.12.2016 № 1774-VIII “On Amendments to Certain Legislative Acts of Ukraine”, which noted that the minimum wage is not used as a calculated value for determining official salaries and wages of employees and other payments.

Pensioners should pay attention to the fact that the subsistence minimum for able-bodied persons is much less than the minimum wage, therefore, the lawyers of our Bureau make every effort to ensure that the PFU authorities make such an “surcharge” in the appropriate amount provided for by the current legislation.

HOW DOES THIS “SUPPLEMENT” BE PAYED?

If a pensioner (both civil and military) meets the above requirements, an application should be submitted to the territorial body of the Pension Fund of Ukraine (registered in which he is) about the obligation to make such a “surcharge”, however, unfortunately, the Pension Fund of Ukraine in the first The queue refuses to pay such a “surcharge” and it is possible to oblige him to make such a “surcharge” only through the court.

Therefore, if you are an unemployed pensioner, live in one of the zones of radioactive contamination, in accordance with the List of settlements classified as zones of radioactive contamination as a result of the Chernobyl disaster and a certificate of a person injured as a result of the Chernobyl accident, please contact the lawyers of the Law Bureau “PRIKHODKO&PARTNERS” for full support of your case until you receive a full pension in accordance with the requirements of the current legislation.