The Rada adopted a bill that makes changes to the issue of calculating the insurance period. Focus I learned what will change now for Ukrainians who worked abroad and in the temporarily Russian-occupied territories of Ukraine.
The need to adopt bill No. 9453 is dictated by the fact that in connection with Ukraine’s withdrawal from the Agreement between the CIS member states on guarantees of the rights of citizens of these countries with regard to pension provision dated March 13, 1992, part of the length of service of Ukrainians that was acquired in the period from 1991 to 2022 in the countries of the former USSR was not counted by the Pension Fund for the purpose of granting a pension. This means that pensioners did not have the opportunity to add periods of such work to their insurance record and were forced to go to court. About it Focus Olga Khomich, senior lawyer at AB Ivan Khomich, said. According to her, this bill should also resolve the issue of recording the insurance period of citizens who left the territories of Ukraine temporarily occupied by Russia.
Important
Experience in a new way: what changes did parliament adopt and how will this affect the amount of pension payments?
“At the same time, the need to adopt this law is caused by the fact that citizens of Ukraine who left the temporarily occupied territories of the Autonomous Republic of Crimea, Donetsk and Lugansk regions could not resume payment of pensions on the territory of Ukraine due to the fact that the PFU authorities needed a written confirmation from the pension authorities of the Russian Federation that this particular person does not receive a pension in Russia. This happened through correspondence between pension authorities, but starting from 02/24/2022, document flow does not occur between government authorities. The law simplifies the procedure, because now it will be enough only a written statement from the pensioner himself that he does not receive a pension on the territory of the Russian Federation“, said Oksana Khomich.
To calculate the pension, as before, the amount of unified social contribution paid in Ukraine is taken into account
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Among the objectives of bill No. 9453 is to resolve the issue of calculating the amount of pension in proportion to the insurance period acquired in Ukraine for persons who worked in Ukraine and abroad. But this will not affect the size of the pension, the expert says.
“The size of the pension will be determined on the basis of the salary (earnings) that a person received in Ukraine and from which a single social contribution was paid. Unfortunately, earnings abroad are not taken into account in the pension amount, since taxes were paid in another country“, said Oksana Khomich.
According to her, now after the law comes into force (after official publication), work experience up to 01/01/2004 can be confirmed by entries in the applicant’s work book; additional documents will not be needed. If there is a record of work in another country (mainly former CIS member countries), then the Pension Fund will take this experience into account when determining the right to grant a pension.
“As for work experience after 01/01/2004, which was acquired abroad, it can be confirmed both by the applicant’s work book and by additional documents: a certificate of registration in the social register of the country where the work was carried out; registration with the tax authorities of the country where the work was carried out activities; extract from the social register; employment agreements, contracts with employers, certificates of payment of taxes,” the lawyer explained.
Now, to assign a pension to those who worked in Russia, there is no need to go to court; an application to the Pension Fund is sufficient.
Photo: NBU
She added: according to the bill, the length of service can be recalculated for those who worked for a certain time in countries such as the Republic of Azerbaijan, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, and the Republic of Georgia.
“Experience acquired in these countries in the period from 01/01/1992 until the date of entry into force of the Law “On amendments to certain laws of Ukraine regarding the proportional calculation of insurance experience for persons who worked outside of Ukraine”, will be counted on the basis of entries in the work book; additional documents will also be taken into account if the applicants have any. If agreements are not concluded separately with each country, then the length of service that a person acquires in these countries now will not be counted towards the assignment of a pension in Ukraine.“, says the expert.
If a record of work in another country is contained in the labor record, then the Pension Fund will take this length of service into account when determining the right to a pension.
Regarding the acquired experience in Russia, the bill indicates that such experience in the period from 01/01/1992 until the date of entry into force of the specified draft No. 9453 will be counted on the basis of entries in the work book in the general manner. And after the entry into force of the Law “On amendments to certain laws of Ukraine regarding the proportional calculation of the insurance period for persons who worked outside of Ukraine,” the experience acquired in Russia will not be counted towards the insurance period unless an agreement is concluded between Ukraine and the Russian Federation in the future on guarantees of rights in the field of pension provision.
Let us remind you that pensioners in Ukraine whose work experience exceeds the established insurance minimum have the opportunity to receive additional payments. These payments are accrued for each year of service that exceeds the required minimum length of service as required by law.
Previously Focus wrote that citizens of Ukraine who have reached retirement age, but do not have sufficient insurance coverage to receive a regular pension, can apply for temporary support in the form of a social pension.
