On April 15, the Verkhovna Rada adopted as a basis bill 12278 on the pension provision of prosecutor's office employees, prepared for a second first reading. We will remind, in mid-March, deputies sent it for revision.
The revised version of the bill proposes to establish that the pension assigned in accordance with the laws "On Civil Service", "On the Prosecutor's Office", "On the Status of a People's Deputy of Ukraine", "On Scientific and Scientific-Technical Activities", during the period of work in positions that give the right to the assignment of a pension or a monthly lifetime allowance on the terms stipulated by the laws "On the Prosecutor's Office", "On Civil Service", "On the Judiciary and the Status of Judges", to persons who do not have the right to the assignment of a pension in accordance with the Law "On Compulsory State Pension Insurance", not paid.
Also, as stated in the committee's conclusion, the pension assigned in accordance with this article (except for persons with disabilities of groups I and II, persons with disabilities as a result of war of group III and participants in hostilities, persons subject to paragraph 1 of Article 10 of the Law "On the Status of War Veterans, Guarantees of Their Social Protection"), during the period of work in positions that give the right to the assignment of a pension or a monthly lifetime allowance in the manner and on the terms provided for by this article, the laws "On Civil Service", "On the Judiciary and the Status of Judges", to persons who have the right to the assignment of a pension in accordance with the Law "On Compulsory State Pension Insurance", is paid in the amount calculated in accordance with the Law "On Compulsory State Pension Insurance".
The text of the revised bill itself has not yet been published.
The committee indicated that the purpose of the bill is to change the conditions for assigning pensions to prosecutors and apply uniform grounds for their recalculation.
The draft law proposes to amend the Law "On the Prosecutor's Office" to provide for the following:
- Long-service pensions in accordance with Article 86 of the Law "On the Prosecutor's Office" are assigned and paid after the person is dismissed from the positions that give the right to the assignment of a pension under this article;
- prosecutors who are diagnosed with disability in accordance with the law are granted a disability pension in accordance with the Law "On Compulsory State Pension Insurance";
- the assignment (recalculation) of a pension, payment, termination and resumption of payment of pensions are carried out in accordance with this Law and the Law "On Compulsory State Pension Insurance", the appeal of the decision to assign (recalculate) a pension or to refuse to assign (recalculate) a pension is carried out in accordance with the Law "On Administrative Procedure", taking into account the features determined by this Law and the Law "On Compulsory State Pension Insurance";
- a pension awarded during the period of work in positions that give the right to a pension/monthly lifetime allowance in the manner and under the conditions provided for by this article, the laws "On Civil Service", "On the Judiciary and the Status of Judges", to persons who have the right to a pension in accordance with the Law "On Compulsory State Pension Insurance", shall be paid in the amount calculated in accordance with the Law "On Compulsory State Pension Insurance";
- The pension assigned in accordance with this article shall not be paid to persons who do not have the right to be assigned a pension in accordance with the Law "On Compulsory State Pension Insurance" during the period of work in positions that give the right to be assigned a pension/monthly lifetime allowance under the conditions provided for in this article, the laws of Ukraine "On Civil Service", "On the Judiciary and the Status of Judges";
- after dismissal from positions that give the right to a pension in accordance with Article 86 of the Law "On the Prosecutor's Office", the payment of the pension is resumed;
- pensions assigned in accordance with this Law shall be recalculated annually from March 1, taking into account the growth of the population's monetary income in Ukraine and the growth of consumer prices and the application of the increase coefficient determined in accordance with paragraphs two and three of part two of Article 42 of the Law "On Compulsory State Pension Insurance";
- It is clarified that the length of service entitling to a pension under this article includes time spent working in scientific and educational institutions of the Office of the Prosecutor General; military service; half of the period of obtaining a higher legal education in full-time education in higher education institutions.
It was also clarified that the right to a long-service pension is granted to persons who, immediately before applying for such a pension, work in scientific and educational institutions of the Prosecutor General's Office.
The draft law provides that amendments to the Law "On Mandatory State Pension Insurance" may be made exclusively by laws amending the Law "On Mandatory State Pension Insurance".
In addition, it is proposed to grant the Pension Fund of Ukraine the status of a central executive body with a special status.
The draft law instructs the Cabinet of Ministers, together with the central law enforcement agencies, to develop legislative proposals by December 1, 2025 to unify approaches to determining financial support/salaries for prosecutors, in particular, prosecutors of the Specialized Anti-Corruption Prosecutor's Office, and law enforcement officers.
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