Pension Applications During Martial Law in Ukraine: Special Rules for Occupied and Combat Areas

Martial law in Ukraine, introduced in response to the aggression of the Russian Federation, has created new challenges for citizens, particularly those who live or previously lived in territories where hostilities are taking place or have taken place, as well as in temporarily occupied territories. Under martial law, the State has had to adapt its social protection mechanisms, including the procedure for granting pensions, in order to protect citizens’ rights during the crisis.

One of the important legislative developments is subparagraph 14-6.2 of the Final Provisions of the Law of Ukraine “On Compulsory State Pension Insurance”, which introduced special pension rules for persons affected by hostilities or occupation. Below, we analyse the main provisions of this rule and its practical significance.

Special Rules for Granting Pensions

The legislation provides that during martial law and for three months following its cancellation or termination, persons who live or previously lived in territories where hostilities are taking place or have taken place, or in temporarily occupied territories, are entitled to have their pension granted regardless of the date on which the pension application was submitted. This applies where the application for a pension is submitted during martial law or within three months following its termination, provided that the statutory time limit for applying for the relevant pension had not expired as of 24 February 2022.

Types of Pensions and the Date from Which They Are Granted

Where a person meets the requirements established by subparagraph 14-6.2 of the Final Provisions of the Law of Ukraine “On Compulsory State Pension Insurance”, the following rules apply to the date from which different types of pensions are granted:

Old-age pension is granted from the day following the date on which the person reaches the statutory retirement age.
Disability pension is granted from the date on which the disability is officially established.
Survivor’s pension is granted from the day following the date of the breadwinner’s death.
Pension for years of service is granted from the day following dismissal from employment that entitles the person to such a pension, but not earlier than 24 February 2022.

These provisions help ensure continuity of social protection for citizens who were unable to apply for a pension under the standard procedure because of hostilities or occupation.

Calculation of Earnings for Pension Purposes

An important aspect concerns the procedure for determining salary (income) for pension calculation purposes. For persons who live or previously lived in territories where hostilities are taking place or have taken place, or in temporarily occupied territories, this indicator is determined taking into account the average salary (income) in Ukraine for the three calendar years preceding the year from which the pension is granted.

This approach helps reduce the impact of economic instability caused by the war on the amount of pension payments and is therefore important for maintaining an appropriate level of social protection.

List of Relevant Territories

The list of territories where hostilities are taking place or have taken place, as well as temporarily occupied territories, is determined by the Cabinet of Ministers of Ukraine. This is particularly important because eligibility for the special pension procedure depends on whether the relevant territory is included in the official list.

Definition of “Temporarily Occupied Territory”

The term “territory of Ukraine temporarily occupied by the Russian Federation” is used in accordance with the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine”. This definition is essential for the application of legislation governing the social protection of citizens who live in such territories.

Conclusion

The legislative amendments establishing a special procedure for granting pensions during martial law represent an important step towards ensuring the social protection of Ukrainian citizens. They take into account the difficult circumstances faced by people as a result of hostilities and occupation and help ensure their access to the pension payments to which they are entitled. However, the effectiveness of these provisions depends on their proper implementation in practice, including the timely determination of the relevant territories and the existence of a clear and transparent mechanism for granting pensions under the special rules.