Comments of firm’s lawyer for “Segodnya” newspaper
Mariya Bogdanovych - lawyer of law firm “Pravova Dopomoga” once again provided comments related to special features of pension provision for "Segodnya" newspaper.
The material is available in printed version and on “Segodnya” newspaper website under the link - http://www.segodnya.ua/economics/finance/Kak-platyat-pensii-pri-smene-grazhdanstva-i-kogda-dayut-nizhe-minimalki.html.
“I want to retire and receive seniority pension since I have 25 years of pedagogical work experience. Will 4 years of training school be included to my seniority pension and if so how is it calculated?”
Answer of Mariya Bogdanovych:
“Yes, these 4 years will be included into the general work experience. According to the Law of Ukraine “On pension provision” study in higher and middle specialized educational establishments, training schools, taking of human resource training courses, improvement of qualification level and change of qualification courses, postgraduate, doctoral and clinical internship studying are included in the work experience for seniority pension provision.
To calculate the amount of pension one should take the average monthly salary for any 60 months of work in a row during the entire employment period despite intervals in between employment. After this you take your salary for the period from 1.07.2003 until the moment when you apply for pension. Thus the average monthly salary is calculated for 2 periods.
The salary for the period before 1.07.2003 is calculated based on the documents about paid salary (revenue). As for the period after 1.07.2003 it is calculated based on personalized information from the system of obligatory state pension insurance”.
“My mother has 35 years of work experience. According to the new law she will retire at the age of 56 years and 6 months. But since she has 30 years of insurance employment history she is entitled to early retirement. Since she received low salary for 20 years she will get a minimal pension. When retiring before the term according to the law she will have 0.5% subtracted for each uncompleted month of work until 56 years and 6 months. My mother thinks that her pension will be lower than the minimal one and will remain 840 UAH. Is it so?
Answer of Mariya Bogdanovych:
“Yes, your mother is right, her pension can be lower than the minimal one. Indeed when retiring before term under section 7.2. of Concluding provisions of the Law of Ukraine “On obligatory state pension insurance” the amount of pension is lowered 0.5 % per each full or not full month of early retirement.
This means that if the amount of pension calculated according to article 27 and 28 is equal to minimal living wage for disabled persons then based on section 7.2. it will be lowered 0.5% per each full or not full month of early retirement.
Decrease of retirement pension amount is applied during the entire period of pension obtainment despite its type.
Still the increase of pension amount is possible in future. For example it will take place when living wage for disabled persons is changed (next increase will take place on the 1st of December 2013). Also it is possible when the percentage amount at which one’s pension is lowered is changed or if you mother gets employed”.
We have obtained considerable experience in pensioners’ interest protection within "Protection of low-income and socially vulnerable groups" project.