Senior lawyer
Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat
Case: The pension of a former police officer was recalculated based on an updated certificate
Recalculating pensions for individuals receiving pensions under the Law “On pension provision for persons discharged from military service and certain other persons” is an opportunity to defend their right to a decent pension. Recalculation can be requested by former military personnel, employees of the State Emergency Service, police officers, and others, if they have sufficient grounds for doing so.
On March 2, 2023, a client contacted us with a question about recalculating a former police officer’s pension based on an updated certificate of financial support as of November 2019.
In order to prepare a correct and effective claim, we took several steps:
- Requested a certificate of financial support as of November 19, 2019;
- Requested calculations from the individual’s pension file;
- Submitted an application for pension recalculation.
From the response we received to the application, it was clear that the client was receiving a pension based on a certificate of financial support as of 2016, which did not take into account the client’s additional payments and bonuses, and a pension recalculation was also denied.
Disagreeing with this decision, we filed a lawsuit in the Zaporizhzhia District Administrative Court demanding that this decision be declared unlawful and that the Pension Fund recalculate the amount based on the updated certificate. The court granted our claims in full, finding the Pension Fund’s refusal unlawful and ordering payment of all funds lost due to the Fund’s unlawful actions.
Following this, in compliance with the court decision of 18.10.2023 № 280/6073/23, the Pension Fund recalculated our client’s increased pension and calculated the amount of debt that it must pay to the pensioner.
Based on the pension calculations provided to us before the recalculation as of March 27, 2023, the client received a pension of UAH 8,661.68. Our lawyers won the case against the Pension Fund, and our client’s pension now amounts to UAH 14,873.42.
The amount of the Fund’s debt to the client is UAH 300,743.66.
Thus, justice was achieved, and the client began receiving a pension with all payments taken into account. If you would like to increase your pension or reclaim the supplements and additional payments taken away by the Cabinet of Ministers’ decree, please fill out the form on our website, and our lawyer will contact you shortly.
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