Head of the Verkhovna Rada Committee on Social Policy, Halyna Tretyakova, registered draft law 12165 on pension provision for certain categories of employees (civil servants).
As she points out, the goal is to establish uniform conditions for calculating pensions, regardless of the law by which the pension is calculated, including for prosecutors, as well as uniform conditions for awarding pensions for years of service - after dismissal from office or service.
"Despite the war, a situation has arisen in Ukraine in which, due to different application of pension legislation, over the past 10 years, the number of lawsuits in court regarding the appointment and determination of pensions by court decision has increased, primarily by prosecutors. In addition, employees of prosecutor's offices, along with the privileged conditions for calculating pensions, have the exclusive right to appoint a pension for years of service, without leaving their jobs, and to receive a double prosecutor's salary. Under such conditions, it is necessary to define uniform conditions for calculating special pensions regardless of the law by which the pension is calculated, as well as uniform conditions for awarding a pension for years of service" — notes Tretyakov.
The bill proposes:
- pension for years of service to be assigned to prosecutors after their dismissal from the prosecutor's office;
- pensions for law enforcement officers and employees of the prosecutor's office are recalculated taking into account the increase in monetary income of the population in Ukraine and the increase in consumer prices by the increase factor determined in accordance with paragraphs 2 and 3 of part 2 of Article 42 of the Law "On Mandatory State Pension Insurance";
- to enter into force from January 1, 2025, part five of Article 61 of the Law "On Law-Making Activities", which stipulates that if a provision of the law was recognized as unconstitutional by the Constitutional Court of Ukraine, this does not give grounds for the courts to use the provisions of laws when making decisions, which are no longer active;
- legislatively determine that changes to the pension legislation can be carried out exclusively by a separate law on amendments to the Law "On mandatory state pension insurance" or "On pension provision of persons released from military service and certain other persons".
- the final provisions suggest that the Cabinet of Ministers submit to the Verkhovna Rada a draft law on the introduction of a professional pension system for employees of the prosecutor's office, judges, law enforcement officers, defense agencies of Ukraine and anti-corruption agencies with accumulation elements for high-paid positions whose average monthly salary exceeds the size of the average monthly salary in the country for the previous year, due to income in such positions.
Bill 12165 proposes to add a new section to the law on pension provision "Features of pension provision for certain categories of employees".
It is also proposed to establish that pensions assigned to military personnel, persons entitled to a pension according to this law, and their family members are recalculated every year from March 1, taking into account the increase in the monetary income of the population in Ukraine and the increase in consumer prices by the increase factor, which is determined accordingly to paragraphs two and three of part two of Article 42 of the Law "On Mandatory State Pension Insurance".
The procedure and conditions of such recalculation are determined by the Cabinet of Ministers of Ukraine.
In the event that a person submits documents giving the right to receive allowances, promotions, additional pension, targeted cash assistance, pension for special services to Ukraine and other pension supplements established by law, previously assigned pensions to military personnel, persons entitled to a pension in accordance with with this Law, and their family members are listed taking into account the submitted documents. At the same time, the recalculation is carried out for the past time, but not more than 12 months from the date of submission of additional documents.
For military personnel released from service, persons entitled to a pension, who were assigned regular military (special) ranks during their stay in the reserve or retired, the pensions previously assigned to them, taking into account the newly assigned military (special) ranks, are not revised.
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