Specializes in civil and administrative law, recalculation of military pensions

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TRANSFER OF MILITARY PENSIONS THROUGH COURT – 2022

Ivan Oleksandrovych, a military pensioner, applied to our company for legal assistance in recalculating his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From November 6, 2005 to 2018, Ivan Oleksandrovych was granted and calculated a pension for years of service, which is 32 years, in the amount of 86% of the relevant cash benefits.

Until 2018, Ivan Oleksandrovych was accrued a pension based on the following components of cash benefits for calculating the pension:

  • salary;
  • salary for a military rank;
  • seniority allowances;
  • additional types of cash security.

The Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region in 2018 recalculated the pension of Ivan Alexandrovich on the basis of the Certificate of cash security for recalculation of pensions as of 01.03.2018, issued in accordance with the Cabinet of Ministers of 23.03.2018 № 103 “On recalculation of pensions discharged from military service, and some other categories of persons” and did not take into account additional types of cash benefits when calculating pensions. In particular, the pension fund began to accrue a pension based on 70% of cash benefits.

At the request of Prikhodko & Partners Law Firm, the authorized body prepared and sent to the pension fund an updated certificate on the amount of cash benefits for pension recalculation as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to recalculate the pension, so we had to go to court.

21.03.2021 Dnipropetrovsk District Administrative Court in the case № 160/27010/21 upheld the claim and ordered the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region to recalculate the pension of Ivan Alexandrovich from 01.04.2019 on the basis of an updated certificate of the amount of cash security based on 86% the basic size of pension.

From April 1, 2019, the Pension Fund recalculated the pension and began to accrue an increased pension. Our client’s pension before the recalculation was UAH 8,457, after the recalculation it is UAH 16,976.

For all years of such non-recalculation the debt in the amount of UAH 267,868 was formed.

As we can see, Ivan Alexandrovich’s pension has more than doubled. Therefore, we advise you not to waste time, and seek the help of lawyers who specialize in the recalculation of military pensions.

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