Pension Increase for Non-Working Pensioners in Radioactively Contaminated Areas
On 23 June 2024, the Grand Chamber of the Supreme Court of Ukraine delivered an important judgment in case No. 240/19227/21 concerning social guarantees for non-working pensioners residing in areas affected by radioactive contamination.
Persons affected by the Chornobyl Nuclear Power Plant disaster have often faced insufficient social protection. Pensioners who continued to reside in areas affected by radioactive contamination did not always receive adequate support from the State.
Ukrainian legislation defines “radioactively contaminated territories” as territories within the exclusion zone, the zone of unconditional (mandatory) resettlement and the zone of guaranteed voluntary resettlement. The zone of guaranteed voluntary resettlement includes significant territories in Zhytomyr Region (including the city of Korosten), Volyn Region and Rivne Region.
The Grand Chamber of the Supreme Court considered a case concerning the right of non-working pensioners residing in areas affected by radioactive contamination to receive an additional pension payment. In its judgment, the Court confirmed that such pensioners are entitled to a pension increase equal to two subsistence minimums, as provided by law.
The Court emphasised that ensuring social guarantees for persons affected by radiation is an important element of State policy aimed at protecting vulnerable categories of the population.
Under Article 39 of Law of Ukraine No. 796-XII “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster”, non-working pensioners residing in areas affected by radioactive contamination were entitled to a pension increase equal to two minimum wages.
From 1 January 2015, payment of this pension increase was discontinued following amendments to Law No. 796-XII introduced by Law No. 76-VIII, which, among other things, removed Article 39 from Law No. 796-XII.
On 17 July 2018, by Decision No. 6-r/2018, the Constitutional Court of Ukraine declared the relevant amendments to Law No. 796-XII unconstitutional.
In addition, Law No. 1774-VIII was adopted on 6 December 2016 and entered into force on 1 January 2017.
Paragraph 3 of Section II “Final and Transitional Provisions” of Law No. 1774-VIII established that, after the Law entered into force, the minimum wage could no longer be used as a calculation basis.
Until the relevant amendments were made to Ukrainian legislation regarding the non-application of the minimum wage as a calculation basis, it was to be applied at the level of the subsistence minimum for able-bodied persons.
Based on this legal framework, the Grand Chamber of the Supreme Court concluded that non-working pensioners residing in areas affected by radioactive contamination are entitled to a pension increase equal to two subsistence minimums for able-bodied persons.
The Grand Chamber’s judgment confirming the right of non-working pensioners to a pension increase equal to two subsistence minimums is an important step towards ensuring social justice. The judgment confirms the State’s obligation to protect its citizens, particularly those who have faced significant hardship and health risks as a result of radioactive contamination.
However, it should be noted that the territorial bodies of the Pension Fund of Ukraine do not always follow the legal position of the Grand Chamber of the Supreme Court and may refuse to grant pensioners the additional payments to which they are entitled.
What should you do in such a situation? How can you protect your rights and obtain pension payments in the amount established by law?
The lawyers of the Pension Center have extensive experience in protecting pensioners’ rights in court, including the rights of persons who have the status of victims of the Chornobyl disaster.
We are ready to provide comprehensive legal representation in court proceedings concerning the granting of an additional pension payment to a non-working pensioner residing in an area affected by radioactive contamination. We provide professional legal assistance, analyse relevant court practice and assess the prospects of challenging decisions of the Pension Fund in court.
Choosing qualified legal representation is an important factor in successfully protecting your rights. Contact the Pension Center today, and we will provide legal advice regarding your individual situation and explain the prospects of challenging a Pension Fund decision in court.
