Do persons receiving an old-age pension on preferential terms have the right to compensation in accordance with Article 1200 of the Civil Code of Ukraine?

Saturday July 9th, 2016

In accordance with Art. 1200 of the Civil Code of Ukraine, in case of death of the victim the right to compensation of damage has incapable persons who were on his maintenance or had on the day of his death the right to receive from him maintenance. Damage is reimbursed: … 2) husband, wife, parents (adoptive parents) who have reached the retirement age established by law – for life… Persons specified in paragraphs 1 – 5 of part one of this article, the damage is reimbursed in the amount of average monthly earnings (income) the victim less the share that accounted for himself and able-bodied persons who were dependent on him, but are not entitled to compensation.

According to Part 1 of Article 1202 of the Civil Code of Ukraine, compensation for damage caused by injury, other damage to health or death of the victim is made in monthly payments.

According to Article 26 of the Law of Ukraine “On Compulsory State Pension Insurance”, persons have the right to receive an old-age pension after reaching the age of 60 and having at least 15 years of insurance experience.

However, what if the person at the time of the victim’s death did not reach the age of 60, but received an old-age pension on preferential terms, in particular on the list №2 (with full preferential length of service)?

In accordance with Part 2 of Section XV Final Provisions of the Law of Ukraine “On Compulsory State Pension Insurance” pension provision of insured persons who worked or work in underground work, in work with particularly harmful and particularly difficult working conditions on the list № 1 and in other work with harmful and difficult working conditions according to the list № 2 productions, works, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine, and according to the results of attestation of jobs, in positions that give the right to appointment ensi age on favorable terms or length of service, which according to the legislation in force still had the right to retire on preferential terms or seniority, in accordance with a separate legislative act

Such a special legislative act in this case is the Law of Ukraine “On Pensions”.

Thus, in accordance with Article 13 of the Law of Ukraine “On Pension Provision” on preferential terms are entitled to an old-age pension, regardless of the last place of work: a) full-time employees in underground work, work with particularly harmful and especially difficult working conditions, – according to the list of 1 productions, works, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine, and according to the results of attestation of jobs – after reaching 50 years and with work experience of at least 25 years for men, including at least 10 years on the note b) workers, not less than 7 years 6 months on the specified works … b) workers, employed full-time on other jobs with harmful and difficult working conditions, – according to the list № 2 productions, jobs, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine, and according to the results of certification of jobs – after reaching 55 years and with work experience of at least 30 years for men, of which at least 12 years 6 months in these jobs, and not less 25 years for women, of which at least 10 years for these works … Therefore, taking into account the above, if at the time of the victim’s death, the person received an old-age pension on preferential terms, he is entitled to compensation in accordance with Article 1200 of the Civil Code of Ukraine.

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