Chernobyl victims are denied pensions due to insufficient work experience: what the law actually guarantees

Chernobyl victims are denied pensions due to insufficient work experience: what the law actually guarantees

According to ХВИЛЯ: Lawyer Andriy Dzis discusses the problems that Chernobyl victims face when applying for a pension due to refusals from the Pension Fund of Ukraine because of insufficient insurance experience. He explains that the law guarantees a reduction in the requirements for experience for the affected, which can help many people receive the necessary support.

Requirements for Insurance Experience

According to current legislation, Law No. 1058 states that to retire at 60 years old in 2025, it is necessary to have 32 years of insurance experience, and in 2026, 33 years. However, for Chernobyl victims, there is a provision that allows for a reduction in the retirement age by 5 to 10 years depending on the category. This means that Chernobyl victims categorized as 1, 2, 3, and 4 can retire if they have 20 years of insurance experience for men and 15 years for women.

Law of Ukraine No. 796 'On the Status and Social Protection of Citizens Affected by the Chernobyl Catastrophe' contains Article 56, which directly establishes the requirements for experience for Chernobyl victims. This means that, regardless of the requirements of the Pension Fund, individuals who have at least 20 years of insurance experience (for men) and 15 years (for women) have the right to retire early as Chernobyl victims.

Citizens categorized as 1, 2, 3, 4, with the requirement for experience for men being 20 years, and for women 15 years, have the right to retire regardless of how many years of insurance experience the Pension Fund requires.

Andriy Dzis

Andriy Dzis notes: 'Regardless of the Pension Fund's denial, if you have at least 20 years of insurance experience (for men) and 15 years (for women), you can retire early as a Chernobyl victim.'

The position of the Supreme Court confirms that there is well-established practice that protects the rights of Chernobyl victims. This can be an important aspect for those facing refusals in pension appointments, as the law provides them with certain guarantees. It is important for the affected to know their rights and be able to defend them if necessary.

This situation highlights the importance of understanding the rights of Chernobyl victims and their legal status in the pension appointment process. Despite existing difficulties, legislation provides clear mechanisms that can be used to protect the rights of individuals affected by the consequences of the Chernobyl catastrophe. This issue remains relevant, as many Chernobyl victims continue to encounter administrative barriers in obtaining the necessary social guarantees.