PENSIONS RECALCULATION OF FORMER MILITIA EMPLOYEES
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
This article is dedicated to the research of the problems of pension’s recalculation of former militia employees due to the increase of policemen money security. The ratio of the concepts of a «police officer» and the concept of «employees of militia» is disclosed due to the fact that the concept of a «police officer» is a new legal phenomenon. It is proved that the recalculation of pensions of the persons of the commanding and rank-and-file staff of the Internal Affairs bodies of Ukraine (militia) is provided taking into account the monetary security, monthly additional types of monetary support (allowances, additional payments, increases) and premiums in the amounts established for policemen. The main guarantee of social protection of policemen is monetary security, consisting of a salary, a salary for a special rank, monthly additional types of financial aid (increase of official salary, allowances, surcharges, which are permanent), one-time additional types of financial security. The regulatory acts, which give the former militia employees the right to increase the pension due to the establishment of new salaries, salaries for special ranks and changes in the length of service allowance for police officers, are analyzed. It is substantiated that the recalculation of the pension from January 01st, 2016 to the persons of the commanding and ordinary members of the internal affairs authorities (militia) is provided on the equivalent position of a police officer with the amount of monetary security, taking into account the corresponding salaries for the position, special rank, the percentage bonus for the length of service, monthly additional types of cash support (surcharges, additional charges, increases) and premiums. Judicial practice on claims of former employees of militia to the Departments of Pension Funds of Ukraine on the procedure for recalculating pensions and establishing new amounts of pensions has been considered. The decision of the Supreme Court of Ukraine on exemplary cases concerning the recalculation of pensions to pensioners of the Ministry of Internal Affairs of Ukraine has been analyzed.
Authors and Affiliations
Lyubov Knyzkova
Keywords
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