CALCULATION OF MILITARY PENSIONS THROUGH THE COURT – 2022

Military pensioner Volodymyr Mykolayovych turned to our company for legal assistance in transferring his pension.

The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From 11.12.2003 to 2018, Volodymyr Mykolayovych was assigned and calculated a pension for 27 years of service, in the amount of 71% of the corresponding financial support.

Until 2018, a pension was accrued to Volodymyr Mykolayovych based on the following components of financial security for pension calculation:

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

In 2018, the Main Directorate of the Pension Fund of Ukraine in the Dnipropetrovsk region recalculated the pension of Volodymyr Mykolayovych based on the Certificate on the amount of monetary support for the recalculation of pensions as of 03/01/2018, issued in accordance with the Resolution of the CMU dated 03/23/2018 № 103 "On recalculation of pensions to persons who dismissed from military service, and some other categories of persons" and did not take into account additional types of financial support when calculating the pension. In addition, the pension fund began to calculate a pension based on 71% of the financial support.

At the request of the "Prikhodko&Partners" Law Office, the authorized body prepared and sent to the pension fund an updated certificate on the amount of monetary support for pension transfer as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to transfer the pension, in connection with which we had to go to court.

14.03.2021 Dnipropetrovsk District Administrative Court in case № 160/90/22 satisfied the lawsuit and obliged the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region to recalculate the pension of Volodymyr Mykolayovych from 01.04.2019 on the basis of an updated certificate on the amount of financial support based on 71% basic pension amount.

As of April 1, 2019, the Pension Fund recalculated the pension and started calculating the increased pension.

Our client's pension before the recalculation was UAH 7,193, after the recalculation it is UAH 14,656. For all the years of such non-recalculation, a debt in the amount of UAH 195,232 was formed.

As we can see, Volodymyr Mykolayovych's pension has been increased more than twice. Therefore, we advise you not to waste your time and seek help from lawyers who specialize in recalculating military pensions.