Is the PENSION card account a special account in the context of...?

As a general rule, 20% of the amount remaining after withholding taxes, fees and a single contribution to mandatory state social insurance can be withheld from the debtor's salary or pension according to executive documents until the debt is fully repaid.

There is no mention in the legislation that such an account is special, that is, protected from seizure of the funds on it.

The bank has no right to seize:

• salary accounts;

• pension accounts;

• cards for scholarship payments;

• accounts for payments of social assistance and other social payments;

• cards for payment of funds for children.

Normative acts:

• Law of Ukraine "On Executive Proceedings" https://zakon.rada.gov.ua/laws/show/1404-19#Text

• Order of the Ministry of Justice "On approval of the Instruction on the organization of enforcement of decisions" https://zakon.rada.gov.ua/laws/show/z0489-12#Text

Neither the "salary" nor the "pension" account of an individual is protected from the seizure of the funds received in the enforcement proceedings. A retirement account is no different from an account that an individual opened in order not to carry cash with them.

According to Part 3 of Article 52 of the Law of Ukraine "On Enforcement Proceedings", funds held in accounts with a special mode of use, special and other accounts, the collection of which is prohibited by law, are not subject to seizure in accordance with the procedure established by this Law. A bank, other financial institution, or a central executive body that implements state policy in the field of treasury service of budget funds, in the case of receipt of an executor's decision on the seizure of funds on such accounts, must notify the executor of the purpose of the account and return the executor's decision without execution regarding the seizure of funds on such accounts. Funds on bank correspondent accounts are not subject to seizure.