Comments for “Segodnya” newspaper on the issues of pension provision
Mariya Bogdanovych - lawyer of Ukrainian law firm “Pravova Dopomoga” once again provided comments related to special features of pension provision for "Segodnya" newspaper.
Our firm has obtained considerable experience in pensioners’ interest protection within "Protection of low-income and socially vulnerable groups" project.
“A breadwinner who died of heart attack was a retired miner. His basic pension was 2000-2200 UAH and 3200 UAH with additional payments. It is claimed by a retired widow and a mother. Will they receive 50% of a basic pension or of the total one? Additionally the deceased was entitled to an occupational disease pension (regression - a compensation for harm caused to health. - Auth.). Are disabled heirs entitled to it due to the loss of their breadwinner or not? ”
Answer of Mariya Bogdanovych:
“Together two of them will receive 100% of the basic pension. In this case additional payments and occupational disease pension are not taken into consideration.
The legislation defines that disabled family members of the deceased breadwinner on the conditions that they were supported by him are entitled to survivor’s pension. In our case both wife and mother fall under this category. In this case the amount of survivor’s pension when it is claimed by two or more dependents is equal to 100% of retirement pension of the deceased breadwinner. This amount is divided between them in equal parts. At the same time members of a breadwinner’s family are entitled to one pension for all. However at any of the dependents request the share may be allocated from the total amount which will be paid separately.
Thus the survivors’ pension is calculated on basis of retirement pension excluding additional allowances and payments. As for the occupational disease pension each disabled family member of such breadwinner would receive an extra payment in the amount of 1 living wage only if the death was the result of such disease or work accident. ”
Question: “Can I anyhow regain the survivor’s pension if I haven’t been receiving it for 2.5 years?”
Answer of Mariya Bogdanovych:
“Most likely no. You can apply for a pension at any time after the occurrence of a right to receive it. But according to a general rule survivors' pension is granted from the date of applying for a period of disability or for a lifetime (for the disabled persons and pensioners).
Therefore if a person did not receive a pension because he or she did not apply for it then it is practically impossible to regain it for the lost period. There are exceptional cases when a person due to valid and independent of his will reasons could not apply for a pension. Or if the payments failure is related to the actions of Pension Fund officials. In this case the shortfall may be regained in court. Furthermore examination of the survivors' pension issues shows that if you applied for it only after 2.5 years after the occurrence of such right it may mean that you were not the deceased breadwinner dependent and had your own sources of income. Thus it is possible that such pension granting will be denied completely.”
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