"Every person has the moral ability to defend their rights".
Assistant lawyer
Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.
Case: Pension recalculation on the basis of a certificate of financial support
A military pensioner applied to the Prikhodko & Partners Law Firm because he believed that the amount of his pension did not correspond to reality and was understated. At the time of the pensioner’s appeal to our AB, the amount of the pension was UAH 13,072.50.
It was explained to the pensioner that he has the right to recalculate his pension from April 2019 and to renew the violated right, he needs to go to court.
An agreement was concluded between JSC “Prikhodko & Partners” on the provision of legal assistance to support the case in court regarding the transfer of pension based on the certificate of financial support as of 03/05/2019, starting from 04/01/2019.
In order to properly provide legal assistance, we requested documents from the State Administration of PFU in Kyiv, and after receiving them, we prepared and sent a statement of claim to the court.
By the decision of the District Administrative Court dated 10/20/2021 in case № 640/11564/21, which entered into force on 12/22/2021:
the Main Directorate of the Pension Fund of Ukraine in the city of Kyiv is obliged to recalculate and pay the pension on the basis of the certificate of the Military Unit dated 09.10.2020 № 222/4/164/239/474, taking into account all components of monetary support, starting from 01.04.2019 in accordance with the requirements of articles 43 and 63 of the Law of Ukraine dated 04/09/1992 № 2262-ХІ “On pension provision of persons released from military service and certain other persons”, provisions of the Resolution of the Cabinet of Ministers of Ukraine dated 08/30/2017 № 704 “On monetary provision of military personnel, private persons and senior staff and some other persons”, taking into account the amounts already paid.
After the pension was recalculated on the basis of the decision dated October 20, 2021 in case № 640/11564/21, the amount of the pension amounted to UAH 19,340.
However, having recalculated the pension on the basis of the decision of the District Administrative Court dated 20.10.2021 in case № 640/11564/21, the State Administration of PFU in Kyiv unlawfully limited the pension the client received the maximum amount, and also unlawfully reduced the basic amount of the pension from 83% to 70% of the corresponding monetary security.
Since the State University of PFU in Kyiv has again violated the pensioner’s right to the proper amount of pension, an additional agreement to the contract was concluded between AB “Prikhodko & Partners” and the Client regarding the transfer of the pension in the amount of 83% of the financial support and without limitation to the maximum amount of the pension.
In order to fulfill the terms of the additional agreement, a corresponding statement of claim was prepared and submitted to the District Administrative Court.
By the decision of the District Administrative Court dated 13.10.2022 in case № 640/7880/22, the Main Department of the Pension Fund of Ukraine in Kyiv is obliged to calculate and pay a pension in the amount of 83% of the financial support without limits to the maximum amount, starting from 01.04.2019, taking into account the certificate on the amount of financial support dated 09.10.2020 № 222/4/164/239/474, based on the decision of the District Administrative Court of Kyiv in case № 640/11564/21, taking into account the earlier payments.
By the decision of the Sixth Administrative Court of Appeal dated 04/18/2023 in case № 640/7880/22, the appeal of the Main Directorate of the Pension Fund of Ukraine in the city of Kyiv was dismissed, and the decision of the District Administrative Court of the city of Kyiv of 10/13/2022 remained unchanged.
Thus, the claimant’s right to the appropriate amount of pension was renewed at the rate of 83% of the monetary support and without restrictions on the maximum amount of the pension. The amount of the pension was UAH 27,273.80.
If you are a pensioner of law enforcement agencies and retired before 2018, you have the right to have your pension recalculated. Fill out the form on the website and our lawyer will contact you shortly.