Regarding the determination of monetary security when assigning a pension to persons entitled to a pension in accordance with paragraph g) of Article 1 -2 of the Law of Ukraine
Paragraph g) of Article 1 -2 of the Law of Ukraine “On pension provision of persons dismissed from military service and certain other persons” (hereinafter — the Law) regulates the pension provision of civil servants and employees of educational, medical institutions and research institutions of the Ministry of Internal Affairs of Ukraine or the police from among former police officers who, as of the day of the publication of the Law of Ukraine “On the National Police”, served in the internal affairs bodies and had a calendar service of at least five years and continued to work in The Ministry of Internal Affairs of Ukraine or the police (their territorial bodies, institutions and institutions) in positions replaced by civil servants in accordance with the Law of Ukraine “On Civil Service”, and in educational, medical and research institutions - in any positions.
The pension for these persons is calculated in accordance with part three of Article 43 of the Law on the amount of monetary security that they had on the day of dismissal from service in the internal affairs bodies.
If at the time of the appointment or payment of the pension there has been a change in the size of at least one of the types of monetary security and/or new monthly additional types of monetary security (surcharges, surcharges, increases) and bonuses in the amounts established by law have been introduced for these categories of persons, the pension is appointed taking into account such changes and/or innovations, and the assigned pension is subject to immediate recalculation.
In order to ensure the possibility of realizing the right to the pension of these persons in full, namely to ensure the possibility of determining the size of pensions for these persons on a par with the current police officers, the Ministry of Internal Affairs of Ukraine initiated amendments to the Procedure for calculating years of service, appointment and payment of pensions and cash assistance to office persons church staff, ensigns, midshipmen, servicemen of extra-time service and military service under contract, persons of chiefs and ordinary staff of internal affairs bodies, police officers and members their families, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 393 of July 17, 1992 (hereinafter referred to as the Procedure).
By the Resolution of the Cabinet of Ministers of Ukraine dated May 22, 2019 No. 435 “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 393 of July 17, 1992” this issue was settled by amending paragraph 6 of the Procedure, which entered into force on June 4, 2019.
From the specified date of retirement, persons provided for in paragraph (g) of Article 1 -2 of the Law are appointed to provide monetary support for the equivalent position of police officers on the day of dismissal from positions replaced by civil servants in accordance with the Law of Ukraine “On Civil Service”, in educational institutions, health institutions and research institutions of the Ministry of Internal Affairs affairs or the National Police - from any position.
Thus, for a person who, for example, resigned in December 2019 from the post of the chief expert of the Research and Development Center in the Kiev region, the amount of monetary security for calculating the pension is determined taking into account:
the official salary of a police officer in the position of a senior inspector on special assignments of the police department in the Kiev region;
salary for a special rank;
the corresponding allowance for the length of service;
the average size of allowances, surcharges and bonuses for the specified positions of police officers, which were actually paid in the GUNP in the Kiev region for December 2019.
Regarding the inclusion in the cash provision for the calculation of the pension the amounts of indexation of monetary security and monetary assistance for recovery
The third part of Article 43 of the Law of Ukraine “On pension provision of persons dismissed from military service and certain other persons” (hereinafter — the Law) establishes that pensions for officers, ensigns and midshipmen, servicemen of extra-military service and military service under contract, persons who have the right pensions under this Law, and members of their families are calculated from the amount of monetary support, taking into account the corresponding salaries by position, military (special) rank, interest allowance for years of service, monthly additional types of monetary security (surcharges, surcharges, increases) and premiums in the amount established by law, from which a single contribution to compulsory state social insurance was paid, and until January 1, 2011 - insurance contributions for compulsory state pension insurance, in the manner established by the Law Cabinet of Ministers of Ukraine.
That is, the cash provision for calculating the pension includes its additional types, which meet two conditions at the same time: payments are monthly and from them a single contribution to compulsory state social insurance (insurance contributions for compulsory state pension insurance) is paid.
Cash benefits for rehabilitation do not belong to monthly additional types of cash support. The amounts of indexation of cash support are not provided for in the lists of additional types of monetary support for servicemen, military personnel and superiors, and therefore do not belong to the monetary support and are not charged a single contribution to compulsory state social insurance (insurance contributions for compulsory state pension insurance).
Thus, these payments cannot be taken into account when calculating the pension both when it is assigned and when recalculating.
At the same time, Article 5 of the Law provides for the right of persons discharged from military service, other persons entitled to a pension under this Law, and members of their families to appoint (at their request) a pension on the terms and in the manner provided for by the Law of Ukraine “On Compulsory State Pension Insurance”. Only under this condition, all types of cash benefits received by these persons who are entitled to a pension under this Law before their dismissal from service can be taken into account for the calculation of pensions.
