Application for issuance of a certificate of the amount of financial support

The certificate of the amount of monetary support for military personnel and former police officers is the document on the basis of which pensions are accrued and recalculated for these categories of persons. If you are interested in high-quality advice or legal support on these issues, you can contact the lawyers of the law firm "Prikhodko&Partners".

Specializing in military and pension law, we know how to act in those cases where pensioners need high-quality support that will save them time and effort. We also have a good understanding of solving the problems that military pensioners regularly face in Ukraine. We now offer to learn more useful information about the importance of the certificate of the amount of monetary support during the accrual or recalculation of a pension.

What is worth knowing about the so-called military pensions?

For military pensioners or former police officers, their pension is deducted from the entire cash benefit they received by virtue of their position. If the document confirming such payments for civilian pensioners is a certificate of salary, then for military/police/police officers it is a certificate of cash benefit.

The certificate of cash benefit contains information about such types of cash benefit as:

1. official salary;
2. salary for military rank;
3. seniority bonus
4. additional types of cash benefit.

Now let's consider the practice of the Supreme Court of Ukraine regarding cases related to the issuance of certificates of cash benefit.

What does the practice of the Supreme Court say?

In the practice of the Supreme Court, there is a category of cases called exemplary. These are those cases in which the decisions are mandatory for application in subsequent similar cases. Thus, if there is a decision of the Supreme Court of Ukraine regarding a certain situation, it can be referred to in the courts of first and second instance when considering similar claims. So, here the Resolution of the Supreme Court of Ukraine of December 17, 2019 in case №. 160/8324/19 is interesting for us. This case concerns former military personnel who have retired. If you are interested in the result of an identical consideration of the case regarding a certificate on the amount of the GZ for former police officers, then you should pay attention to the Resolution of the Supreme Court of Ukraine in case № 826/12704/18. Let's consider the first of these cases.

So, a retired military personnel went to court to challenge the actions of the Dnipropetrovsk Regional CCC and the Joint Venture. Authorized officials of the CCC refused the pensioner to prepare and submit to the Main Department of the PFU in the Dnipropetrovsk region an updated certificate on the amount of pension as of March 5, 2019, which would have necessarily indicated the following information:

• main types of cash benefits;
• amounts of additional monthly types of cash benefits.

The certificate did not indicate additional types of cash benefits, such as allowances, promotions, additional payments and bonuses. And they are important for the pension recalculation to be carried out correctly. Only in this case can one count on the pension amount being what it should be, taking into account all the norms of current legislation. If the certificate does not indicate all additional types of cash benefits, the pensioner will have a smaller amount of pension than he is entitled to.

That is why the plaintiff's demand was to issue an updated certificate on the amount of cash benefits, which would indicate all the data listed above. As a result of the consideration of this case, the claim was satisfied, so the Dnipropetrovsk Regional TCC and the SP were obliged to issue an updated certificate, which will indicate all types of monetary support. Given that this case is exemplary, now all other courts must use the relevant resolution of the Supreme Court of Ukraine when considering identical categories of cases.

How can we be useful?

As you have already had the opportunity to see, a certificate of the amount of monetary support is a very important document when it comes to the assignment or recalculation of pensions for former military personnel or law enforcement officers. In turn, an application for the issuance of a certificate of the amount of monetary support and its receipt with the appropriate information is an important stage in the process of pension recalculation, because without this certificate, recalculation is impossible at all.

Our team in such cases is ready to offer the following services:

• Consulting. If, for example, you have received a certificate on the amount of the pension and you doubt whether it really contains all the necessary information, we are ready to analyze the document and voice our professional opinion to you. Based on it, you can plan further actions.
• Legal support. For example, this may be assistance in obtaining a certificate on the amount of monetary support.
• Representation in court. If the authorized representatives of the CCC and the SP, when issuing a certificate to a pensioner, did not indicate all the information regarding the amount of the pension and are not ready to correct these errors in the pre-trial regulation format, we will prepare a lawsuit in court. Based on the practice of the Supreme Court in exemplary cases, it can be argued that such cases are winning. Therefore, you should not stop halfway in the matter of defending your rights to proper pension provision.

If you need the services that were listed, fill out the feedback form on our website. A military law specialist will call back for an initial consultation.