The issue of military disability pension is regulated by Art. 18 of the Law of Ukraine № 2262. This document is entitled “On pension provision for persons discharged from military service and certain other persons” and is dated 1992. However, numerous amendments were subsequently made to it. As of today, the last of them date from October 2022. And this means that the legal act is sufficiently adapted to the realities of martial law. Let’s consider its norms in more detail, and also touch on the question of how the services of specialists working in the team of the Prikhodko&Partners law office can be useful.
What does the Law say?
Therefore, disability pensions are provided for those persons whose disability occurred during the period of service or no later than 3 months after the person resigned. Also, the reason may be a disability that occurred later than the mentioned term, but is the result of an illness, mutilation, contusion or injury received during service or while in captivity or as a hostage. At the same time, in order to receive such a pension, an essential condition must be met – during the stay in the status of hostage or prisoner, the person did not commit crimes against peace and humanity.
What amount of pension is provided for such cases?
When it comes to disability pension, its amount is assumed to be from 40 to 100 percent of the amount of monetary support. You can read about this in more detail in Article 21 of the already mentioned law. When consulting our clients, we answer these questions in detail, because we understand that it is often difficult to deal with legal regulations on your own, when the analysis of them in open sources is not sufficiently high-quality or objective.
To answer this question briefly, the specific amount of the disability pension depends on such factors as:
- group of disability that the serviceman has;
- its reason;
- the status of a military serviceman.
So, persons who received the 1st group of disability as a result of the war will have a pension in the amount of 100% of the financial support. When it comes to the II group, a pension of 80% of the basic pension is provided, and for the III group of disability it will be 60% of the basic pension.
If we are talking about other persons with disabilities, the I group becomes the basis for a pension in the amount of 70% of the pension, the II group – 60% of the pension, and the III group – 40% of the pension.
Thus, the legislators regulated everything in sufficient detail.
So, summing up, it is worth noting that the amount of the pension depends on the cause of disability. It is appointed from the moment when the group was established or the person resigned. However, no more than 3 months should elapse between the release and the establishment of the group, except in the situations mentioned above.
In order to confirm the special legal status that caused the disability, when applying for a pension, it will be necessary to provide an extract from the inspection act of the MSEK.
If you have some or other documentary problems or you feel hostage to bureaucratic processes during the registration of a pension, it makes sense to contact the specialists who work at the “Prikhodko&Partners” law office. We will help you in interaction with authorized state bodies, and if necessary, we will represent your interests in court.
If at the moment you just need to understand the legal regulations relevant to your situation, advisory support may be appropriate for you. We provide it both in the format of live communication in our office and in the mode of video communication. So choose a convenient format and apply.
By choosing the law firm “Prikhodko&Partners” you get:
A successful legal company that provides services throughout the territory of Ukraine;
The best lawyers and advocates who have experience in pension issues and have an excellent understanding of legislation;
Professional approach and focus on results.