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Do you have the right to recalculate your military pension?

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 10.05.2024

Lawyer

The pension provision of military personnel in Ukraine is regulated by the Law of Ukraine "On pension provision of persons released from military service and certain other persons", which entered into force on April 9, 1992 under N 2262-XI. The law determines the terms, amounts and procedure for awarding pensions to former military personnel and groups related to them. This article looks at who is eligible for a military pension recalculation, the types of military pension and the factors involved in the recalculation.

## Types of military pensions
There are three main types of military pensions:
1. **Pension for years of service**: is assigned to those who have a certain length of military service or insurance experience.
2. **Disability pension**: awarded to persons who became disabled during or after military service.
3. **Bereavement pension**: awarded to family members of fallen servicemen.

## The right to recalculate military pension
Recalculation of military pensions can take place under certain conditions. Here's what you need to know:

### Grounds for recalculation of military pensions
1. **Increase in financial support**: in the event of an increase in the financial support of military personnel, pensions can be transferred taking into account the new rates (Article 63).
2. **Change in earnings**: If the earnings used to calculate the pension change due to recalculation or additional factors, the pension may be recalculated.

### Pension calculation process
The recalculation involves the recalculation of the pension taking into account the updated amounts of financial support, changes in legislation or clarification of the calculation of insurance contributions. The procedure, conditions and amounts of the transfer of military pensions are established by the Cabinet of Ministers of Ukraine.

## Understanding the seniority pension
Pensioners are recalculated according to length of service and the corresponding amounts of financial support. Here are the main aspects of the retirement pension:

- **Service of 20 years or more**: Pension for service of at least 20 years is 50% of the corresponding financial support. For those dismissed due to age, health or special circumstances, it may be 55%.
- **Service over 20 years**: For each additional year over 20 percent increases by 3% to a maximum of 65%.
- **Special cases**: Those with at least 25 years of insurance service, at least 12 years and 6 months in certain positions, can receive 50% of the pension for 25 years, with a 1% increase for each subsequent year beyond 25.

## Understanding disability pension
Disability pensions are calculated as a percentage of the corresponding financial support depending on the severity of the disability. Here's how it works:

- **Disability of group I (as a result of the war)**: receives 100% of financial support.
- **Disability of the II group (military connections)**: receives 80%.
- **Disability of the III group (military connections)**: receives 60%.
- **Other Disabilities**: Group I receives 70%, Group II receives 60%, and Group III receives 40%.

## Understanding survivor's pension
Pensions in connection with the loss of a breadwinner are awarded as a percentage of the material support of the deceased, depending on the relationship with the deceased and the cause of death:

- **Death in military service**: the pension is 70% of the financial support for each disabled family member.
- **Two or more disabled family members**: each receives 50%.
- **Non-Service Death**: 30% for each disabled family member.

## Recalculation of pensions: conclusion
Recalculation of a military pension is complex and requires an understanding of basic laws and regulations.

 
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Conclusion. You need advice: If you think you are entitled to a pension recalculation, it is important to consult the relevant pension service. Consultation Provide the necessary documents to the specialist. who will do the legal analysis and make sure you get the correct adjustments.

Keep an eye out for any changes in financial support or legislation that may affect your pension rights and be aware of your rights under Ukrainian law.

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