CALCULATION OF MILITARY PENSION

Legal support of such requests is a common practice for us. So recently we were once again able to help one more person. Let's tell this story in more detail.

An example from practice

A military pensioner, who was dismissed from the structures of the Ministry of Defense, received a long-service pension in the amount of 83 percent of the corresponding monetary support from January 17, 2001. Until the mentioned year, our client's pension included the following parts:

• official salary;
• salary for a military rank;
• seniority allowances;
• additional types of financial support.

When in 2018, representatives of the Main Directorate of the Pension Fund of Ukraine, on the basis of the Resolution of the CMU "On Recalculation of Pensions for Persons Discharged from Military Service and Some Other Categories of Persons", recalculated our client's pension, they did not take into account the fourth item listed in the list. So, it turned out that the military pensioner received a pension in the amount of 70 percent of the financial support.

Our specialists sent a request to the authorized body to recalculate the client's pension, however, when the Pension Fund received an updated certificate from there regarding the amount of monetary support and the corresponding recalculation, the Pension Fund refused to carry out such a recalculation. Since this was against the legitimate interests of our client, it was decided to defend them in court.

The district administrative court of the city where the plaintiff lives satisfied the claim and obliged the Pension Fund to make a recalculation.

What does the result look like in practice?

Quite noticeable. Now our client receives a pension of 17,107 hryvnias instead of 8,636 hryvnias. And over the years, when the recalculation was not carried out, a debt of more than 200 thousand hryvnias was formed. Such numbers are a clear sign that you should not waste your time.

Who has the right to recalculate military pension?

Such people include the following categories of pensioners:

• those who were in military service;
• those who served in internal affairs bodies, the National Police, judicial or state fire protection, the State Service of Special Communications and Information Protection;
• those who served in civil defense bodies, tax police, criminal enforcement service.

Other categories of persons defined by current legislation also belong here. Regarding the transfer of pensions to such persons, the payment of the transferred pensions should be made from January 1, 2018. Starting from the mentioned date, this is a recalculation of 50 percent, from January 1 until the end of 2019 - at 75 percent, and from the beginning of 2020 - at a full 100 percent.

Recalculation takes place in the following stages:

• first, it is necessary to apply to the recruitment and social support center with a statement about the preparation and sending to the PF of Ukraine of an updated certificate regarding the amount of financial support;
• apply to the PF with an application for recalculation.

Refusal of transfer by the Pension Fund is a fairly common practice. However, there are not so many objective reasons for refusing the recount. Among them are the submission of inappropriate documents or unreliable information, as well as the absence of legal grounds for the recalculation.

Considering the fact that the number of such reasons for refusal is minimal and it does not apply to people who actually have the right to pension recalculation, such cases are winning. Our practice confirms this trend. So don't delay. Contact our lawyers - and they will help! Defend your legal rights and interests, and our knowledge will help in this.