Long-Service Pension for Teachers and Education Professionals in Ukraine

It is no secret that teaching is demanding and highly responsible work, and the knowledge of future generations largely depends on it. Education professionals devote considerable effort, energy and emotional resources to ensuring that pupils and students not only listen but truly understand what they are being taught. Such dedication does not pass without consequences. The profession may have a significant impact on a person’s health and, in some cases, may eventually result in a loss of professional capacity to work.

Until June 2019, the applicable rules provided that education professionals could qualify for a long-service pension upon reaching the age of 55, provided that they had acquired the required special service record, including at least 25 years of such service as of 1 April 2015.

On 4 June 2019, the Constitutional Court of Ukraine declared certain provisions of paragraph “a” of Article 54 and Article 55 unconstitutional. Those provisions ceased to be effective from the date of the Constitutional Court’s decision.

Accordingly, from 4 June 2019, long-service pensions for education professionals could be granted regardless of age, subject to the applicable statutory requirements. As of 2021, 28 years and 6 months of qualifying service were required to obtain a long-service pension. Periods of employment in institutions and positions included in the list approved by Resolution of the Cabinet of Ministers of Ukraine No. 909 dated 4 November 1993 are counted toward special service. When determining whether a particular period of employment qualifies, both the person’s position and the institution in which they worked must be taken into account.

For example, a person may work as a physical education teacher in a preschool institution. A situation may arise where the institution itself is included in the relevant list, but the particular position is not. In such circumstances, the period of employment may not be counted toward special service. It should also be remembered that periods of secondary or concurrent employment generally do not count toward the special service required for this type of pension.

Questions also arise as to whether the form of ownership of the educational institution or its departmental affiliation matters. These factors do not affect the right to have the relevant period of employment counted, provided that the statutory requirements concerning the institution and position are satisfied.

The amount of a teacher’s long-service pension is calculated according to principles similar to those applicable to an old-age pension. Two factors are particularly important: the person’s average monthly salary on which social insurance contributions were paid and the total duration of their insurance record.

To begin receiving a teacher’s long-service pension, a person must first leave the position that entitles them to this type of pension. If, after retirement, the person returns to a position that qualifies for a long-service pension, payment of the pension may be suspended and resumed from the day following termination of such employment. At the same time, a person may generally work in other positions that do not give entitlement to a long-service pension without losing the pension payment.

Documents required to apply for a long-service pension may include:

1. An application for a long-service pension.
2. A passport or another document confirming the applicant’s identity, age and registered or actual place of residence, where applicable.
3. Taxpayer Registration Number (RNTRC) or a document confirming that the person does not have one.
4. An employment record book or another document confirming the applicant’s employment history.
5. A certificate confirming the amount of salary, where required.
6. An application or supporting document regarding early retirement submitted by the educational institution, where required by the applicable procedure.

In conclusion, the right to a long-service pension may apply to various categories of education professionals, including teachers, preschool educators, librarians and social educators, provided that their positions and institutions meet the statutory requirements and they have acquired the necessary qualifying service. If the Pension Fund of Ukraine refuses to count certain periods of employment or to grant a long-service pension, it is advisable to analyse the grounds for refusal and determine whether the decision can be challenged.

The lawyers of our Pension Center provide consultations on long-service pensions for education professionals, calculation of qualifying service, preparation of documents and appeals against decisions of the Pension Fund of Ukraine.