Case: The Pension Fund of Ukraine was obliged to assign a civil servant’s pension with the inclusion of service in the tax service bodies

Client: pensioner, former tax service employee, 62 years old at the time of application.

Region: Kyiv/Zacarpattia

The essence of the case (problem): the Pension Fund did not consider the application for the appointment of a civil servant’s pension, without taking into account the length of service in the tax service bodies, as civil service.

Desired result: to oblige the Pension Fund to assign a civil servant’s pension in accordance with the law.

Responsible lawyer: Lyubomir Kozhukhov

Circumstances of the case

Our law firm was approached by a pensioner, Alexander, a former employee of the tax service, who, after his dismissal, decided to exercise his right to a civil servant’s pension, guaranteed by Article 37 of the Law of Ukraine “On Civil Service” № 3723-XII dated 16.12.1993.

Alexander independently contacted the tax authorities to obtain certificates of salary and filed an application to the Pension Fund of Ukraine. The application, as provided for by the principle of extraterritoriality, was transferred to another region for consideration.

However, after analyzing the documents, the Pension Fund refused to assign him a civil servant’s pension, arguing that the length of service in the tax authorities allegedly does not constitute civil service experience.

Progress of the case regarding the appointment of a pension to a former civil servant

Step one: analysis of refusal

After receiving the refusal, Alexander contacted our company. During the consultation, lawyer Lyubomir analyzed the situation and documents in detail. It was established:

• work in the tax service is a civil service in accordance with current legislation;
• transitional provisions of the Law of Ukraine “On Civil Service” № 889-VIII of 10.12.2015 are in effect, guaranteeing the preservation of the right to special pension provision;
• at the time of entry into force of Law № 889-VIII, Alexander held a position that fell under the definition of civil service positions.

Thus, he had sufficient grounds for the appointment and recalculation of his pension in accordance with the rules of civil service.

Step two: preparing a claim

Our lawyer prepared a claim to the administrative court, in which he substantiated his legal position in detail. The main arguments:

• service in tax authorities is equivalent to civil service;
• Alexander has more than 10 years of civil service experience as of 01.05.2016;
• the Pension Fund’s refusal contradicts the Constitution of Ukraine and Law № 3723-XII.

Step three: court proceedings

During the consideration of the case in the administrative court, our representative proved that the actions of the Pension Fund were unlawful. The court agreed with the arguments, recognized the refusal of the Pension Fund as unlawful and ordered a recalculation of Alexander’s pension taking into account his right to special pension provision as a civil servant.

During the trial it was proven that:

• The actions of the Pension Fund to not recognize the length of service in the civil service are illegal and contradict the current legislation.
• The refusal to assign a pension to a civil servant violates Alexander’s right to social security guaranteed by the Constitution of Ukraine.

As a result of the proceedings, the administrative court granted the claim in full. The court’s decision was:

• the actions of the Pension Fund were found to be illegal;
• obliged the Pension Fund to conduct a new review of Alexander’s application, taking into account his right to a civil servant’s pension;
• it was determined that the length of service in the tax authorities is subject to inclusion as civil service.

Step four: execution of the court’s decision

After the decision came into legal force, our lawyers sent legal inquiries to the Pension Fund of Ukraine. In response, it was confirmed that:

• length of service in the tax service is counted as length of service in the civil service;
• a new calculation and recalculation of the pension was made;
• Alexander received an inflated pension for a civil servant.

Result

Thanks to competent legal support:

1. the length of service in tax authorities was counted as state;
2. the illegal refusal of the Pension Fund was cancelled;
3. the transition from old-age pension to a civil servant’s pension was carried out;
4. Alexander began to receive an increased pension (the pension was 10 thousand UAH, it became 23,610 UAH).

This case proves that it is very important to contact a qualified lawyer who deals specifically with pension disputes. If you need help from a lawyer on pension matters, you have come to the right place. We specialize in pension law, have many successful cases, so our experience can become the foundation for achieving a positive result in your case. Fill out the form on the website and a lawyer will contact you shortly.