The new law needs further clarification.
In May, the law of Ukraine of February 15 came into force 2022 № 2040-IX “On Amendments to Certain Laws of Ukraine on Improving Pension Legislation” (hereinafter Law 2040). This means that some retirees expect changes in the accrual and payment of pensions.
Increase in pensions (indexation)
The law actually restores the indexation of pensions of scientists, civil servants, servicemen , MPs and other categories of pensioners, whose pensions have not been indexed since 2014. The last time servicemen received pensions was in 2018 due to a change in cash security. Scientists and civil servants have not been counted since Yanukovych's presidency.
The 2040 law also stipulates that pensions will be indexed annually on March 1. However, there are only measures that will lead to an increase in individual pension benefits, and not improve the overall pension of all retirees.
In addition, there is no proper delineation and clear definition of the indexation and recalculation of pensions.
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Survivors' pensions
There is a right to a pension in connection with the loss of a breadwinner for a husband (wife), father, mother who has reached the age of 65, regardless of the length of their insurance period (Article 36 of Law 58 1058 “On Compulsory State Pension Insurance”) – Law 1058).
The right to early old-age pension
The norm (existing until January 1, 2015) on the appointment of early old-age pension for one and a half years before reaching retirement age has been restored. the innovation is provided for persons with whom the employment contract has been terminated:
- in connection with changes in the organization of production and labor (including liquidation, reorganization, bankruptcy, reorganization of the enterprise, institution, organization, reduction of the number or staff. Subject to registration of persons in the state employment service and lack of suitable work) ;
- in connection with the detection of incompatibility of the employee to the position due to health, but without the need to register with the state employment service. If the pensioner works before reaching retirement age, the early retirement pension will not be paid.
A prerequisite for such a pension is the insurance period required to receive an old-age pension in the minimum amount.
However, the establishment of a requirement for “at least 30 years of insurance for women and 35 years for men” in determining the right to such a pension clearly allows for different interpretations of this provision and, consequently, different enforcement, given that age is unclear. , one and a half years before which a person can retire early.
In the absence of the required length of service, the right to receive an old-age pension comes after reaching the age of 63 and 65 years. That is, with at least 30 years of insurance experience, women will be able to retire early one and a half years before reaching 60 years only between January 1 and December 31, 2023, because from 2024 they are entitled to a pension of 60 years if not less than 31 years of insurance experience.
The right to an early pension was also granted to the mother or father of persons with disabilities from childhood (children with disabilities under 18 years of age) and seriously ill children with no established disability who raised them before reaching the age of 6. An additional condition is that a woman is 50 years old and has 15 years of insurance experience, and a man is 50 years old and has 20 years of insurance experience. Which child, who has not been diagnosed with a disability, is considered seriously ill, is defined in paragraph 101 of Part 1 of Art. 1 of the Law of Ukraine “On Collection and Accounting of the Single Contribution to the Compulsory State Social Insurance”. Previously, the minimum amount of such a pension was determined based on the subsistence level for persons who lost their ability to work, in percentage terms:
for group I at 120%,
group II – 110%,
Group III – 105% of the subsistence level.
Now the legislator has determined the amount in a fixed numerical expression:
for Group I in the amount of 5025 UAH,
Group II – 4610 UAH,
> Group III – UAH 4,396.
At the same time, the mechanism of their indexation is still provided.
Read also: In June, working pensioners will receive these pensions and surcharges for two months
< It should be noted that in order for all the provisions of the 2040 law to work as a single mechanism, at least, it is necessary to obtain a lot of clarification from the competent public authorities.
