Can Employment in Japan Be Counted Towards a Pension in Ukraine?
Ukrainian citizens have often worked outside Ukraine. This was particularly common during the Soviet period and has continued with modern labour migration. When a person approaches retirement age, an important question arises: whether employment and insurance periods accumulated in another country can be taken into account when determining pension entitlement in Ukraine.
Recognition of foreign employment and insurance periods for Ukrainian pension purposes depends on Ukrainian legislation and the international social security framework applicable between Ukraine and the relevant country. Where an international agreement provides for the recognition or aggregation of insurance periods, periods accumulated abroad may be taken into account subject to confirmation by the competent authorities of the foreign state.
Some Ukrainians have worked in Japan in science, industry and other sectors. Recognition of employment and insurance periods accumulated in Japan for Ukrainian pension purposes depends on the international social security arrangements applicable between Ukraine and Japan. In the absence of an agreement providing for the aggregation or mutual recognition of insurance periods, employment in Japan is not automatically included in the insurance record required for a Ukrainian pension. Likewise, Ukrainian insurance periods are not automatically recognised for Japanese pension purposes solely on the basis of Ukrainian legislation.
A separate issue concerns the payment of an already granted Ukrainian pension after a pensioner moves to Japan or another country for permanent residence. Ukrainian legislation previously contained provisions under which pension payments to persons permanently residing abroad depended on whether Ukraine had concluded an international pension agreement with the relevant country.
However, in its Decision No. 25-rp/2009 of 7 October 2009, the Constitutional Court of Ukraine declared unconstitutional provisions that made pension payments to persons permanently residing abroad dependent on the existence of such an international agreement. The Court’s position confirmed that the exercise of an acquired pension right cannot be made conditional solely on whether Ukraine has concluded a pension agreement with the pensioner’s country of residence.
Accordingly, permanent residence in Japan should not, by itself, deprive a person of the right to receive an already granted Ukrainian pension. Ukrainian courts have also considered disputes concerning the restoration of pension payments to persons permanently residing abroad and, depending on the circumstances of a particular case, have ordered the Pension Fund of Ukraine to resume such payments.
It is important to distinguish between the recognition of Japanese employment and insurance periods when determining entitlement to a Ukrainian pension and the right to continue receiving an already granted Ukrainian pension while residing in Japan. The Constitutional Court’s position concerning pension payments abroad does not, by itself, create a mechanism for adding Japanese insurance periods to a person’s Ukrainian insurance record.
Ukrainians who have worked in Japan should therefore retain documents confirming their employment, earnings and participation in the Japanese pension and social insurance system. Such documents may become important when determining pension rights under Japanese law or if an international social security mechanism applicable between Ukraine and Japan provides for the recognition or aggregation of insurance periods.
When applying for a pension, the legislation and international arrangements applicable at that time should be examined to determine whether and under what conditions periods of employment or insurance accumulated in Japan can affect pension entitlement in Ukraine.
