Not Everyone Will Have Their Years of Study Counted Towards Pension Service: Who It Concerns

The period of study in higher, specialised secondary, and other educational institutions may be considered when assigning a pension, but the rules depend on when the person studied.

If the study took place before 1 January 2004, it can be counted towards the insurance period provided there are supporting documents. However, after this date, the mere fact of studying is no longer a basis for counting the period — the necessary condition is the payment of insurance contributions within the framework of voluntary participation in the compulsory state pension insurance system.

When study is counted towards the insurance period

The period of study before 1 January 2004 can be included in the insurance period if the person studied full-time.

Such a period can be confirmed by:

• diplomas;

• certificates;

• identification cards;

• testimonials;

• references and other documents issued based on archival data containing information about study periods.

At the same time, study after 1 January 2004 is counted towards the insurance period only if insurance contributions were paid for this period on the basis of voluntary participation in the compulsory state pension insurance system, and the relevant information is contained in the Register of Insured Persons of the State Register of Compulsory State Social Insurance.

Which legislative norms regulate the confirmation of insurance periods

The procedure for confirming the insurance period is defined by Article 24 of the Law of Ukraine "On Compulsory State Pension Insurance" (Law No. 1058).

According to this provision, the insurance period for periods before the introduction of the personalised accounting system is calculated based on documents and in the manner established by the legislation that was in force before the entry into force of Law No. 1058, as well as based on data entered into the Register of Insured Persons on the basis of these documents.

Periods of employment and other periods that before 1 January 2004 were counted towards work experience for pension assignment are credited to the insurance period according to the legislation in force at that time. Confirmation is made based on documents defined by the Procedure for confirming existing work experience for pension assignment in the absence of a labour book or relevant entries in it, approved by the Cabinet of Ministers of Ukraine Resolution No. 637 dated 12 August 1993.

How personalised accounting was introduced

The Pension Fund noted that in accordance with the Decree of the President of Ukraine dated 4 May 1998, No. 401 and the Cabinet of Ministers of Ukraine resolutions dated 4 June 1998, No. 794 and 8 June 1998, No. 832, personalised accounting of information in the compulsory state pension insurance system was implemented during 1998–2000.

Starting from 1 July 2002, pensions are calculated based on the person's earnings for the period of work after 1 July 2000, based on data from the personalised accounting system according to paragraph 3 of Resolution No. 794.

Thus, personalised accounting of information in the compulsory state pension insurance system is mandatory for periods starting from 1 July 2000.

Which study periods were counted before 2004

Article 56 of the Law of Ukraine "On Pension Provision" provided for the inclusion in the insurance period, among others, of the time of study:

• in higher education institutions;

• in specialised secondary educational institutions;

• in vocational schools;

• in training courses;

• in advanced training and retraining courses;

• in postgraduate studies (aspirantura);

• in doctoral studies (doktorantura);

• in clinical residency.

According to Procedure No. 637, the period of full-time study in higher education institutions (except preparatory departments), professional training institutions, institutions for advanced training and retraining of personnel, as well as in postgraduate, doctoral studies, and clinical residency is confirmed by diplomas, certificates, testimonials, references, and other documents issued based on archival data.

Why study after 2004 is not counted automatically

Regarding study periods after 1 January 2004, the Pension Fund explained that Article 11 of Law No. 1058 defines the list of persons subject to compulsory state pension insurance. Persons studying in higher and specialised secondary educational institutions, vocational schools, training courses, advanced training and retraining courses, as well as in postgraduate, doctoral studies, and clinical residency, are not included in this list.

At the same time, Article 12 of Law No. 1058 provides the right of such persons to voluntary participation in the compulsory state pension insurance system.

Who can voluntarily pay insurance contributions

The right to voluntary participation is granted to persons who have reached the age of 16 and do not belong to the category of persons subject to compulsory state pension insurance, in particular:

• students studying full-time;

• postgraduate students (aspirants);

• doctoral candidates;

• foreigners and stateless persons permanently residing or working in Ukraine;

• Ukrainian citizens permanently residing or working abroad, unless otherwise provided by international agreements.

Such persons may participate voluntarily in the solidarity system, the funded pension insurance system, or simultaneously in both systems by concluding an agreement on voluntary participation in the compulsory state social insurance system.

Thus, the decisive factor is not only the fact of studying itself but also the period when it took place. Before 1 January 2004, full-time study can be counted towards the insurance period if there are supporting documents. After this date, such a period is considered only if insurance contributions were voluntarily paid and this information is reflected in the Register of Insured Persons.

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