Application to the Pension fund for recalculation of pension

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Chmona Alona

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

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Application to the Pension fund for recalculation of pension

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Recalculation of a pension is a procedure that enables a pensioner to receive the amount of pension provided for in accordance with the law. Such recalculation occurs with a certain periodicity and is regulated by Articles 51 and 63 of the Law of Ukraine "On pension provision of persons released from military service and certain other persons" (for military and former police officers) and Article 42 of the Law of Ukraine "On mandatory state pension insurance" (for civilian pensioners).

The team of the "Prikhodko&Partners" law office regularly works with clients' requests in the field of pension law. This applies to both military and civilian pensions. Therefore, we provide support in interaction with the Pension Fund, representation in court and provide consultations. We suggest you familiarize yourself with this topic in more detail.

 

What requirements must an application for pension recalculation meet?

The requirements depend on whether it is a pension for a military pensioner or a civilian. So, for the military, these are the norms of the "Procedure for submission and processing of documents for the appointment (recalculation) of pensions in accordance with the Law of Ukraine "On pension provision of persons discharged from military service and certain other persons". This procedure was approved by the PFU Resolution № 3-1 dated January 30, 2007. It is worth paying attention to Appendix 1.

As for civil pensions, here it is necessary to take into account the norms of the "Procedure of submission and processing of documents for the assignment (recalculation) of pensions in accordance with the Law of Ukraine "On mandatory state pension insurance". The above-mentioned Procedure was approved by the PFU Resolution № 22-1 dated November 25, 2005. The most recent edition of this resolution dates back to 2014.

What should you know about the arbitrary form of the application?

If the application is drawn up in an arbitrary form, the pensioner's intention to have the appropriate recalculation of his pension should be specifically stated there. It often happens that representatives of the PF refuse to carry out a recalculation, citing formal reasons. For example, they can say that the application was submitted not in accordance with the already mentioned Procedure. However, as our regular practice shows, such refusals are very easily challenged in court, because there are no real legal grounds behind them.

What should be the package of documents attached to the application?

Such documents include:

  • a certificate on the amount of financial support;
  • salary certificate;
  • other documents on the basis of which the pensioner wishes to carry out recalculation (if any).

The Pension Fund has a 10-day deadline for considering such an application. Based on the results of the review, an appropriate decision must be made.

 

It is important to know that the recalculation of the pension in the context of its amount is primarily influenced by the length of service and the amount of the salary. Practice shows that, for example, military personnel often do not want to take into account additional types of financial support, which should actually be taken into account and information about which is in the updated information on the amount of financial support. This is just one example. In fact, there are quite a lot of such and other situations.

We constantly deal with them and know how to protect the pensioner's rights, really working for the result and effectively defending your rights.

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