Search by the Territorial Recruitment Center and military service: can you really lose insurance record for pension assignment

In Ukraine, the issue of forming insurance record during martial law has become particularly sensitive. A rather sensitive question has come into focus: whether the period when a person is wanted by the Territorial Recruitment and Social Support Center (TRSSC) can be included in the insurance record. In practice, this status is often perceived as a "temporary loss of legal status," causing citizens concern about possible consequences for their pension.

The legal answer to this question is unequivocal but requires detailed explanation through the lens of pension legislation, principles of paying the single social contribution (SSC), and the general insurance record system.

What is insurance record and why is it key

The pension system in Ukraine is based on the insurance principle. This means that the right to a pension and its amount directly depend on the periods for which the single social contribution (SSC) has been paid. According to Article 24 of the Law of Ukraine No. 1058-IV "On Compulsory State Pension Insurance", insurance record is the period during which a person is subject to compulsory state pension insurance and for which monthly insurance contributions have been paid in an amount not less than the minimum insurance contribution.

For calculating the pension amount by age, disability pension, or survivor's pension, besides the existing insurance record, the period from the day disability is established until the insured person reaches the age specified in part one of Article 26 of this Law, and the period from the day of the breadwinner's death until the date when the breadwinner would have reached the age specified in part one of Article 26 of this Law, are also counted on general grounds.

Thus, the basic conditions for forming insurance record are: official employment or another status defined by law, accrual and payment of SSC, and inclusion of the period in the state social insurance system. If at least one of these conditions is missing, insurance record is not formed.

Is the period of being wanted by the TRSSC counted

The period when a person is wanted by the Territorial Recruitment Center is not counted towards insurance record. The reason is not the fact of being wanted itself but the legal nature of such status.

It should be noted that the search by the TRSSC is an element of the administrative mechanism of military registration aimed at ensuring the citizen fulfills military duty. It is not: a type of labor activity, a form of military service, or a basis for SSC payment by the state or employer.

Why this period does not form insurance record

The Ukrainian pension system does not link insurance record to the fact of being under control of a state body. It links it exclusively to insurance contributions. Usually, during the period of being wanted by the TRSSC: the person is not in labor relations, the employer does not pay SSC, the state does not make insurance contributions on their behalf, and the person lacks insured status.

Therefore, the key condition of insurance record – financial participation in the social insurance system – is not met.

Military service as an exception: when the record is counted

Unlike the situation with military registration, the period of military service is fully included in the insurance record. This applies to: conscript service; contract service; mobilization service; service in units of the Armed Forces of Ukraine and other military formations. In such cases, SSC is paid by the state, and the person automatically acquires insured status.

Territorial defense servicemen who serve under contract or are mobilized:

• are part of the Armed Forces of Ukraine;
• receive monetary allowance;
• are included in the state insurance system.

The entire period of service in the Territorial Defense is counted towards insurance record without additional conditions.

A different legal situation applies to volunteer formations. In the case of volunteer territorial defense formations: a person may not be on the military unit's staff, SSC may not be paid automatically, and insurance record may not be formed.

At the same time, participation in combat or obtaining the status of a combatant opens additional social guarantees, including the right to early retirement by age.

Preferential calculation of military service years The legislation separately provides for preferential calculation of length of service for servicemen who participated in combat or served under special conditions. In such cases, an increased coefficient for accounting service length is applied, which can significantly increase its duration. However, it is important to distinguish between:

• insurance record (for general pension);
• length of service (for military pension); preferential record (for special calculation conditions).

These are different legal categories that are not always identical.

Does martial law affect insurance record accrual

Since February 24, 2022, the rules for accounting military service have gained special significance, but the basic principle remains unchanged: insurance record is formed only if insurance contributions or equivalent state periods exist. Service in combat conditions may affect length of service but does not change the fundamental insurance record model.

How military service record is confirmed

Before 2004: military IDs, certificates from TRSSC, archival documents of military units.

After 2004: personalized accounting data; information from the insured persons register. If data is missing, confirmation is possible through official certificates from military authorities.

In conclusion, the period when a person is wanted by the TRSSC is not counted towards insurance record for pension because it is not a period of official employment or military service and does not involve payment of the single social contribution. At the same time, military service, including service under martial law conditions, is fully included in insurance record and may have preferential calculation conditions depending on the nature of the tasks performed.

Thus, the key criterion for forming pension rights remains not the administrative status of the person but their participation in the state social insurance system through payment of SSC or equivalent periods.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay updated on the most important events.