Administrative lawsuit on recalculation of pensions for military personnel

Military personnel who retired after serving in the Armed Forces of Ukraine often face the problem of incorrect pension accruals. This may be due to various factors: incorrect calculation of the total length of service, failure to take into account preferential coefficients and allowances for pensions, errors in the calculation of financial support, etc. In any case, if a military pensioner believes that his pension is calculated incorrectly, is underestimated or does not correspond to his actual length of service and merit, he has every right to apply to the administrative court with a claim for recalculation of the pension.

What is an administrative claim and its purpose when recalculating a pension?

An administrative claim for recalculation of a pension is one of the legal mechanisms that servicemen can use to protect their pension rights. The purpose of such a lawsuit is to restore justice by recalculating and obtaining the appropriate amount of pension.

An administrative lawsuit allows to correct errors and incorrect calculation of pension, so that a serviceman on a well-deserved rest receives the amount of funds that corresponds to his actual length of service and merit.

Thus, an administrative lawsuit is an effective legal mechanism for realizing the pension rights of military personnel.

What grounds can there be for such a lawsuit?

There are many possible grounds for challenging the amount of pension by military personnel in an administrative procedure:

• Incorrect calculation of years of service. This may be due to errors in the calculation of the total length of service of a serviceman, failure to take into account certain periods of service, which affects the underestimation of the amount of the pension.
• Exclusion of special pension allowances for work in hazardous or special conditions, for example, on training grounds, on submarines, for participation in hostilities, etc.
• Errors in the calculation of a military serviceman's financial support, which is taken into account when calculating a pension. Bonuses, allowances, other payments may not be taken into account.
• Other errors and omissions in calculating the pension, which lead to an underestimation of its amount for a serviceman.

Filing a claim

When filing an administrative claim for recalculation of pension, the person must specify as clearly and concretely as possible in the claim statement, what constitutes a violation of his rights during pension calculation. For example, if a certain period of service in hot spots is not taken into account, it is necessary to indicate which period and which allowances should have been accrued, but not accrued.

All available documents that can serve as evidence of a violation of the plaintiff's rights should be attached to the claim statement: orders on the appointment of allowances, certificates of participation in military operations, extracts from the record list, etc.

In the case of providing everything necessary, the court, having considered the submitted documents and arguments, satisfies the claims. In this case, a decision will be made to recalculate the military serviceman's pension, taking into account all allowances, supplements and other payments due to him. That is, justice will be restored with regard to pension calculation.

Apply for qualified legal assistance

If you need to receive a pension recalculation, contact the law firm "Prikhodko&Partners". Our specialists have a lot of experience in the pension affairs of military personnel. We will help you to correctly draft a lawsuit, collect evidence, go through all court instances. We work for the result - so that you get the proper pension!

To get advice or help from a lawyer on the transfer of a military pension - fill out the form on our website and we will contact you in the near future.