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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 15, 2022 No. 1289

About modification of the Regulations on the Pension fund of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Bring in Regulations on the Pension fund of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 23, 2014 No. 280 (The Official Bulletin of Ukraine, 2014, No. 60, Art. 1652; 2017, No. 41, Art. 1278; 2018, No. 37, Art. 1294; 2020, No. 71, Art. 2265; 2021, No. 1, Art. 43; 2022, No. 80, the Art. 4826), changes which are applied.

2. To provide to the pension fund of Ukraine for accomplishment of the tasks determined by the Law of Ukraine of September 21, 2022 No. 2620-IX "About introduction of amendments to the Law of Ukraine "About obligatory national social insurance" and the Law of Ukraine "About obligatory national pension insurance" completion of the corresponding software and selection of personnel in bodies of the Pension fund of Ukraine.

3. Recommend to executive directorate of Social Insurance Fund to perform inventory count of personal records of victims of labor accidents or occupational diseases (members of their families), databases, data carriers and the software on accounting and implementation of insurance payments and to transfer till November 20, 2022. To the pension fund of Ukraine the list of the software used for accomplishment of functions of Social Insurance Fund with indication of the software and hardware complexes intended for accounting and implementation of insurance payments, the description and structure of databases, technical documentation, the list and the main characteristics of technical means including data-processing centers and storages of information.

4. This resolution becomes effective from the date of its publication, except Item 1 of this resolution which becomes effective since January 1, 2023.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 15, 2022 No. 1289

Changes which are made to Regulations on the Pension fund of Ukraine

1. In Item 3:

Paragraph two after words of "provision of pensions" to add 1) with words ", obligatory national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and occupational disease which entailed disability";

2) to add Item after the paragraph of the fourth with paragraphs of the following content:

"implementation of insurance payments and provision of social services according to the laws of Ukraine" On obligatory national pension insurance "and" About obligatory national social insurance";

prevention of labor accidents and occupational diseases;

conducting check of justification of issue, the prolongation of leaves of disability and documents which are the basis for their forming based on information containing in electronic systems and registers;

control of use by insurers and insured persons of insurance means;".

With respect thereto the fifth to consider the paragraph the paragraph the ninth.

2. In item 4:

Subitems 2 and 3 to state 1) in the following edition:

"2) also management of solidary system of obligatory national pension insurance, of obligatory national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and occupational disease which entailed disability performs management;

Studies 3) and analyzes situation in the field of provision of pensions, compulsory national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and occupational disease which entailed working capacity loss provides carrying out yearly actuarial calculations of financial condition of system of obligatory national pension insurance, obligatory national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and the occupational disease which entailed disability;";

2) the subitem 4 after words of "provision of pensions" to add with words ", implementation of insurance payments and provision of social services according to the law", and after words of "other payments" - the words "and social services";

3) in subitem 6:

add the subitem after the paragraph of the fifth with the new paragraph of the following content:

"ensuring functioning of information and analytical system of social insurance;".

With respect thereto the sixth or thirteenth to consider paragraphs respectively paragraphs the seventh or fourteenth;

to state the paragraph of the seventh in the following edition:

"control of observance of requirements of the legislation on obligatory national pension insurance, correctness of charge, calculation, completeness and timeliness of payment of insurance premiums for obligatory national pension insurance (further - insurance premiums) and other payments; target use of the means intended for payment of housing subsidies and privileges for payment of housing and communal services, acquisition of solid and liquid oven household fuel and the liquefied gas; use of insurance means, correctness of use by insurers using risk - the oriented approaches, and also maintaining and reliability of accounting and the reporting on their receipts and uses; reliability of the documents submitted for award of pension and the information about persons who are subject to obligatory national social insurance; appointment (recalculation) and pension payment, monthly perpetual monetary pay to judges in resignation and other payments which according to the legislation are performed at the expense of means of the Pension fund of Ukraine, other sources determined by the legislation;";

the ninth after the word "law" to add the paragraph with words", and imposings of administrative penalties";

the paragraph the eleventh after words of "benefit for burial" to add with words", implementation of insurance payments and provision of social services according to the law";

4) in subitem 8 of the word" which consent to be bound is provided by the Verkhovna Rada of Ukraine," to exclude;

Subitem 8-1 to state 5) in the following edition:

"8-1) provides electronic information exchange of information and communication system and information and communication systems of Minsotspolitiki, the MINISTRY OF HEALTH, Ministry of Finance, Ministry of Justice, MON, VHI, traffic police, will organize exchange of data which contain signs of use of work of not properly executed workers and violations of requirements of the legislation on work, from Gostrud and traffic police;";

The subitem 9 after words to "judges in resignation" to add 6) with words ", housing subsidies and privileges for payment of housing and communal services, acquisition of solid and liquid oven household fuel and the liquefied gas, behind use of insurance means";

Subitem 11 paragraph two after the words "on obligatory national pension insurance" to add 7) with words ", on obligatory national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and occupational disease which entailed disability";

8) to add Item with subitems 13-1 and 13-2 of the following content:

"13-1) participates in carrying out scientific research concerning social insurance, studies the international experience for the purpose of implementation of innovative forms of social insurance, acts as the customer of carrying out scientific research, development of methodical providing;

13-2) provides self-representation of interests of the Pension fund of Ukraine in courts of Ukraine, in particular through territorial authorities of the Pension fund of Ukraine;".

3. In Item 6:

1) to add Item with subitem 2-1 of the following content:

"2-1) to receive gratuitously from state bodies, the companies, organizations, the organizations (including tax authorities, bank, other financial credit institutes) and physical persons - entrepreneurs of the data on use of insurance means;";

The subitem 3 after the words "to its competence" to add 2) with words ", and also to create the companies, organizations, the organizations for accomplishment of the tasks determined by the law";

3) to add Item with subitems 5-1-5-3 of such content:

"5-1) to check reliability of the data provided by the insurer for receipt of insurance means, observance of procedure for use of the insurance means provided to it by the insurer, to refuse financing of payments in case of refusal or hindrances by the insurer to conducting check, identification of the facts of submission by the insurer of false information or violations of procedure for use of insurance means;

5-2) to receive necessary explanations (including in writing) on the questions arising when conducting check;

5-3) to demand from heads and other officials of the companies, organizations and the organizations, and also from physical persons of elimination of the elicited facts of violation of requirements of the legislation;";

4) the subitem 9 after words of "the legislation on obligatory national pension insurance" to add with words ", the national social insurance in connection with temporary disability and obligatory national social insurance from labor accident and occupational disease which entailed disability, to require provision of information on the taken measures".

4. The subitem 2 of Item 11 after words of "social insurance" to add with words ", provisions of housing subsidies and privileges for payment of housing and communal services, acquisition of solid and liquid oven household fuel and the liquefied gas, implementation of insurance payments and provision of social services according to the law".

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