How to Receive a Ukrainian Pension While Living Abroad
There are situations in life that can significantly change a person's circumstances. One of them is moving to another country. This issue is particularly important for pensioners who already receive a pension in Ukraine and do not want to lose their pension payments after relocation. When a Ukrainian pensioner moves abroad, in addition to dealing with various administrative formalities, it is important to understand how to receive a Ukrainian pension while living abroad and what should be done to preserve pension payments. This issue is also relevant to pensioners who leave Ukraine for permanent residence in another country.
In this article, we will consider whether a Ukrainian citizen who lives outside Ukraine is entitled to continue receiving a Ukrainian pension abroad.
First of all, Ukrainian legislation contains specific provisions governing pension payments when a pensioner leaves Ukraine for permanent residence abroad. Article 51 of the Law of Ukraine “On Compulsory State Pension Insurance” provides for the payment of a pension awarded in Ukraine for six months in advance before departure for permanent residence abroad, calculated from the month following the month in which the pensioner is removed from the relevant registration records. The legislation also regulates the payment of Ukrainian pensions abroad, including situations covered by international treaties of Ukraine.
Where Ukraine and the country in which the pensioner resides are parties to an applicable international social security agreement, the procedure for receiving pension payments may be governed by that agreement. Depending on its provisions, a pensioner may be able to apply to the competent social security or pension authority in the country of residence in order to arrange the payment or transfer of a pension from Ukraine.
The applicable procedure therefore depends significantly on the country to which the pensioner has moved, whether an international social security agreement exists between Ukraine and that country, the type of pension involved, and the pensioner's individual circumstances.
Ukrainian legislation also provides mechanisms for receiving pension payments through an authorized representative in circumstances permitted by law. Where a pension is received under a power of attorney, the pensioner must comply with the applicable requirements regarding the validity of the authorization and confirmation of the right to continue receiving pension payments.
At the same time, pensioners living abroad may encounter practical difficulties with the Pension Fund of Ukraine, including suspension of payments, requests for additional documents, identification requirements or refusal to resume pension payments. In such situations, it is important to determine whether the Pension Fund's actions comply with Ukrainian legislation and relevant court practice.
Ukrainian courts have considered numerous disputes concerning pension payments to Ukrainian citizens residing abroad. An important role in this area has also been played by the case law of the Constitutional Court of Ukraine concerning restrictions on pension payments based solely on a person's residence outside Ukraine.
In particular, Ukrainian courts have, in certain cases, ordered the Pension Fund to resume pension payments to persons who moved abroad for permanent residence. When considering such disputes, courts assess the applicable pension legislation, decisions of the Constitutional Court of Ukraine, the circumstances in which pension payments were suspended, and whether the Pension Fund had lawful grounds for refusing to resume payments.
Therefore, moving abroad does not automatically mean that a person loses pension rights acquired in Ukraine. If the Pension Fund of Ukraine has suspended or terminated your pension because you reside abroad, it is advisable to analyze the individual circumstances of the case and determine whether there are legal grounds to resume the Ukrainian pension and recover unpaid pension amounts.
