October 22, 2025
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PFU explains about early retirement due to health.

Health pension Photo: Pension Fund of Ukraine According to Clause 7 of Article 115 of the Law of Ukraine “On Mandatory State Pension Insurance”, persons with whom the employment contract was terminated at the initiative of the employer or a person authorized by him, in connection with the established inadequacy of the employee to the position he holds, in terms of health, in the manner determined by the Cabinet of Ministers of Ukraine, […]”, — write: businessua.com.ua

Health pension Photo: Pension Fund of Ukraine

Health pension Photo: Pension Fund of Ukraine

According to Clause 7 of Article 115 of the Law of Ukraine “On Mandatory State Pension Insurance”, persons with whom the employment contract was terminated at the initiative of the employer or a person authorized by him, in connection with the established incompatibility of the employee with the position he holds, in terms of health, in accordance with the procedure determined by the Cabinet of Ministers of Ukraine, have the right to issue an early retirement pension. For this, on the date of dismissal, there must be no more than a year and a half before retirement age, as well as the necessary insurance experience, namely: for men – 35 years, for women – 30 years. The Pension Fund of Ukraine informs about this on October 21.

The procedure for terminating the employment contract at the initiative of the employer (the owner or a body authorized by him, a natural person who engages the labor of employees) (hereinafter referred to as the Procedure) in connection with the established inadequacy of the employee for the position he holds, due to his health, provided he has the right to receive an early retirement pension, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 27.12.2022 No. 1449 (with changes).

What documents confirm the employee’s lack of fitness for the position he holds? According to paragraph 2 of the specified Procedure, the lack of suitability of the employee for the position he holds in terms of health is confirmed by one of the following documents:

  • a certificate from a health care institution, which contains information about the final conclusion of the medical advisory commission regarding the change of place of work, specified in the journal of the conclusions of such a commission;
  • notification to the employer about the disability group and its cause, or an extract from the inspection report of the medical and social expert commission, or an individual rehabilitation program (if provided by the person), or an extract from the decision of the expert group for assessing the daily functioning of the person and recommendations (which are part of the individual rehabilitation program of a person with a disability) in connection with the decision made by the expert assessment group daily functioning of a person;
  • a medical opinion on the impossibility of the civil servant to perform official duties due to the state of health;
  • a medical certificate on passing a preliminary (periodic) medical examination of an employee of a specific category, issued by the commission for conducting medical examinations of health care institutions.

What are the actions of the employer after receiving one of the documents? On the basis of one of the documents, the employer must take measures to transfer the employee, with his consent, to another position temporarily or indefinitely if there are vacancies, or in the absence of vacancies, draw up an act on this.

If the employee refuses to be transferred to another position, the employer receives permission from the trade union organization to dismiss the employee in connection with the identified incompatibility with the position he holds due to his health (except for the dismissal of an employee who is not a member of the primary trade union organization operating at the enterprise, institution, organization, or in the absence of the primary trade union organization at the enterprise, institution, organization).

The detected incompatibility of the employee to the position he holds, due to his health, in the case of his refusal to be transferred to another position or the absence of vacancies for his transfer, may be grounds for terminating the employment contract and dismissing the employee at the initiative of the employer in accordance with paragraph 2 of the first part of Article 40 of the Labor Code of Ukraine or paragraph 2 of the first part of Article 88 of the Law of Ukraine “On Civil Service”.

Therefore, a person who was dismissed on such a basis and who has insurance experience (men – 35 years, women – 30 years), has the right to apply to any territorial body of the Pension Fund of Ukraine with a request for an early age pension, if such dismissal took place no earlier than one and a half years before reaching retirement age. Attached to the application is a copy of the paper on the revealed inadequacy of the employee for the position he holds, in terms of health, and other papers required for the registration of an early retirement pension.

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