Case: The Pension Fund of Ukraine’s refusal to recalculate the pension of a Chernobyl liquidator was appealed

Client: Chernobyl accident liquidator, 62 years old

Region: Donetsk region

The essence of the case (problem): The Pension Fund refused to recalculate the disability pension and actually reduced its amount, not taking into account the salary for work in the exclusion zone and applying restrictions and calculation from the minimum wage

Desired result: cancellation of the PFU decision, recalculation of the pension without limiting it to the maximum amount, taking into account actual earnings

Responsible lawyer: Kozhukhov Liubomyr

The Law Office of “Prikhodko&Partners” was contacted by the liquidator of the Chernobyl accident, whose disability pension was actually reduced after a “recalculation” by the Pension Fund.

The client received a pension in accordance with the Law of Ukraine “On the status and social protection of citizens affected by the Chernobyl disaster”. After the decision of the Constitutional Court of Ukraine dated 20.03.2024 № 2-р(II)/2024, which abolished the limitation on the maximum amount of pensions, he applied to the Pension Fund with an application for recalculation.

At the request of the PFU body, the client provided a certificate of salary for work in the exclusion zone, and later a full package of primary documents, including personal accounts, orders, and calculations.

However, the Pension Fund refused to recalculate. Formal reasons:

• “non-compliance of the certificate with the requirements of the legislation”;
• “lack of provisions on bonuses”;
• “overcalculation of wages”.

As a result, the pension was calculated based on five times the minimum wage, which led to its significant reduction.

In fact, the state:

• initially offered to provide documents for recalculation;
• after their submission, refused on formal grounds;
• did not take into account its own powers to verify documents.

Legal position

During the consultation, we analyzed:

• Law № 796-ХІІ
• decision of the Constitutional Court of Ukraine № 2-р(II)/2024
• subordinate acts on the remuneration of liquidators in 1986
• current case law of the Supreme Court

The legal position was based on the following:

1. No limit on the maximum pension amount

After the decision of the Constitutional Court of Ukraine dated March 20, 2024, the limitation of the maximum pension amount for Chernobyl survivors is unconstitutional and cannot be applied.

2. The right to take into account actual earnings

According to Article 54 of Law № 796-XII, a pension may be calculated from earnings for work in the exclusion zone – as compensation for actual losses.

3. Legality of the 1986 assessments

Case law confirms that:

• a 100% increase in the tariff rate is legitimate;
• the application of multiplicity (3-, 4-, 5-fold) complies with the regulations of the USSR;
• bonuses of up to 60% are provided for by law and do not require additional proof.

4. The PFU’s obligation to act proactively

According to:

• article 44 of Law № 1058-IV
• the Law “On administrative procedure”

it is the Pension Fund that is obliged to request and verify documents, and not shift this responsibility to the pensioner.

5. Lack of documents is not the person’s fault

Loss of a paper pension file (due to military action) cannot limit the right to a pension.

Progress of the case

A contract for the provision of legal assistance was concluded between the Law Office “Prikhodko&Partners” and the client.

We prepared and filed an administrative lawsuit with the Donetsk District Administrative Court.

In the lawsuit, we demanded:

• to declare unlawful and cancel the decision of the PFU to refuse;
• to oblige to recalculate the pension:

– taking into account the salary certificate;

– without maximum size limit;

– from March 20, 2024.

Court decision

The court considered the case in a summary procedure and examined the materials in detail.

Key findings of the court:

• the salary certificate was previously submitted and was contained in the pension file;
• its absence in the electronic file is not the plaintiff’s fault;
• the Pension Fund did not prove the illegality of the calculations;
• the accruals (multiplicity, 100% increase, bonuses) comply with the legislation;
• the PFU did not fulfill its obligation to verify the documents.

The court specifically emphasized:

• the authority must act in good faith and reasonably;
• the shortcomings of the administration cannot be shifted to the citizen;
• the right to a pension is a component of the constitutional right to social protection.

Result

By court decision:

• the decision of the PFU to refuse was declared unlawful and annulled;
• it is obliged to recalculate the disability pension:

– taking into account salary according to the certificate;

– without maximum size limit;

– from March 20, 2024.

This case is indicative for all Chernobyl NPP liquidators, who:

• reduced pension after “recalculation”;
• did not take into account earnings for work in the exclusion zone;
• refused due to formal reasons (certificates, bonuses, multiplicity).

The court confirmed a key position: the state does not have the right to reduce the already guaranteed level of social protection due to its own procedural shortcomings or formal remarks on documents.

After the decision enters into legal force, we will monitor its implementation and the actual receipt by the client of the appropriate pension amount.

Our goal is to ensure everyone has a fair and timely pension recalculation. We provide professional assistance that guarantees the correctness of calculations, the efficiency of the process and the protection of your rights. Contact us to resolve your pension issues quickly and without unnecessary worries. To get online legal advice – fill out the form on our website and our lawyer will contact you.