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Chernikov Dmitry

Specializes in criminal, civil and administrative law, recalculation of military pensions

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ANOTHER VICTORY FOR THE TRANSFER OF MILITARY PENSION

Military pensioner Nina Ivanivna applied to our company for legal assistance in recalculating her pension. The latter was released from the structures of the Security Service of Ukraine. From November 9, 2010 to 2018, Nina Ivanivna was granted and calculated a pension for years of service, which is 31 years, in the amount of 83% of the relevant cash benefits.

Until 2018, the Plaintiff was accrued a pension based on the following components of cash security for the calculation of pension:

  • salary;
  • salary for military rank;
  • allowances for years of service;
  • additional types of cash security.

The Main Department of the Pension Fund of Ukraine in Donetsk region in 2018 recalculated the pension of Nina Ivanovna on the basis of the Certificate on the amount 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 security 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 support 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.

09/22/2021 Donetsk District Administrative Court in case № 200/6392/21 upheld the claim and ordered the Main Department of the Pension Fund of Ukraine in Donetsk region to recalculate Nina Ivanovna’s pension from 04/01/2019 on the basis of an updated certificate of the amount of cash security based on 83% the basic size of the 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 9,546, after the recalculation it is UAH 18,540. For all years of such non-recalculation the debt in the amount of UAH 290,915 was formed. (reference is made to the court decision on the recalculation of Nina Ivanovna’s pension).

As we can see, Nina Ivanovna’s pension has almost doubled. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.

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