An application for crediting work experience

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Chmona Alona

Assistant lawyer

Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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An application for crediting work experience

Reading time: 4 min.

When it comes time to apply for a pension, pensioners often face a number of artificial complications. There are situations where the Pension Fund of Ukraine refuses to credit insurance periods and sends a written refusal to this effect. When you know that you will be denied illegally, citing certain formal reasons, you should contact qualified lawyers who will support the case in court.

How to defend your rights when the Pension Fund does not count your work experience?

A statement of claim in this regard is filed with an administrative court, taking into account the rules of territorial jurisdiction. During this procedure, you need to pay a court fee. The fee is 0.4% of the minimum wage established on January 1 of the calendar year when the application is filed. When advising our clients on this topic, we explain in detail who is exempt from paying the court fee.

 

What requirements must a statement of claim meet?

The requirements for a statement of claim are set out in Articles 160 and 161 of the Code of Administrative Procedure of Ukraine. When a judge receives a statement of claim, he or she must check its compliance with the requirements. And if there are any deficiencies in such a statement, they must be eliminated within the time limit provided by the judge. Our clients do not have such problems, as the lawyers of the Prikhodko & Partners Law Firm regularly deal with such appeals and work in the context of supporting client interests in court in a clear and coordinated manner.

The application must contain information about the registration number of the individual's taxpayer registration card, and if it is not available, the passport number and series. Contact information for feedback must also be provided.

However, compliance with the formal requirements for an application is not the only requirement for its consideration to ensure the desired result. You should also take care to state your claims convincingly and support the content of the application with a package of documents that will confirm the existence of work experience not taken into account by the Pension Fund. As for the defendant, it is, in fact, the Pension Fund.

How claims are formed?

As for the claims, they are aimed at recognizing as unlawful the actions or omissions of the Pension Fund body in not including the length of service in the employment/insurance period. An important claim should also include an obligation to include such work experience.

It is important to understand that the court will consider only those documents that were submitted by the person to the pension application. The court will not evaluate documents that were not submitted to the Pension Fund when applying for a pension. This is because the Pension Fund did not examine them.

 

In view of all the above, it is better to seek advice and support on pension matters immediately. This will greatly simplify the further course of events. And even if you receive an unmotivated refusal to credit your service from Pension Fund representatives, we will achieve the desired result in your case as quickly as possible and defend your rights.

To summarize...

Despite the fact that Pension Fund representatives often violate the rights of pensioners in the context of pensionable service, such cases are winnable. The main thing is to entrust their support to qualified specialists who are well versed in representing clients' interests in the framework of pension law.

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