How to Get a Pension Assignment? A Lawyer’s Advise

How to Get a Pension Assignment? A Lawyer’s Advise

Sometimes in order to find confirmation of the employment track record bodies of the Ukrainian Pension Fund demand documents, which typically should not be requested, and then illegitimately deny the assignment of pension. Bohdan Danylenko, a lawyer of the Charitable Foundation for Social Development of the Kharkiv Region, clarifies prescriptions of the law for such cases and conditions for the assignment of pension.

 “According to Part 1 Article 62 of the Law of Ukraine “On Pension Benefits”, employment record book is the main document confirming the employment history. The procedure for confirming one’s professional track record in case of the missing employment book or relevant records in it is prescribed by the Ukrainian Cabinet of Ministers.

In order to confirm one’s employment history when the employment record book is missing, or in case it contains no necessary records or incorrect records about employment periods, it is admissible to use data from the insured persons register, the General State Social Insurance State Register, certificates, extracts from orders, personal accounts, and information about paid salary, certificates, job reviews, written employment agreements and agreements evidencing notes on their fulfillment, as well as any other documents that give information about employment periods (point 3 of the Procedure for Confirming the Employment Track Record in Order to Get the Pension Assignment in Case of the Missing Employment Record Book or Relevant Records in It, as approved by the regulation of the Ukrainian Cabinet of Ministers No.637 as of 12 August 1993).

Thus, the employment record book is the only document that must be submitted to bodies of the Pension Fund in order to confirm the employment history. And only in case such record book or relevant records in it are missing, or such records have been made with errors, the employment history may be proved by other documents.

Yet, when it comes to the preferential pension, the following conditions must be met in order to get it assigned:

1) age requirements;

2) general admissible employment duration; and

3) necessary specialized employment track record. 

This is what has to be proved when one needs to decide on the assignment of the age-based preferential pension.

It should be noted that different categories of employees have different requirements concerning their age and employment duration. For example, according to point в) of Part 1 Article 13 of the Law of Ukraine “On Pension Benefits”, male tractor drivers, who are directly involved into agricultural production at private farms, state farms, or any other agricultural enterprises, have the right to preferential benefits only after they get 55 years old with the general employment of at least 30 years and at least 20 years of employment in the mentioned field.”