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Work in the Ministry of Internal Affairs is difficult and often dangerous. Therefore, it is not surprising that the legislators provide a number of guarantees and benefits for retired employees of the Ministry of Internal Affairs, as well as their families. This issue is regulated by the Law of Ukraine “On the National Police” and the Law of Ukraine “On pension provision of persons released from military service and certain other persons”. There are also a number of subordinate legal acts that are relevant. At the same time, jurisprudence, which stands guard over the pensioner’s rights in the event of their violation, is of no less importance. The team of the Prikhodko&Partners law firm regularly receives client inquiries related to the transfer of pensions for employees of the Ministry of Internal Affairs. Therefore, we have good experience in accompanying such cases and defending the legitimate interests of pensioners. We invite you to familiarize yourself with this topic in more detail.
What does the current legislation emphasize?
The state institution “Territorial Medical Association of the Ministry of Internal Affairs” is authorized to issue certificates regarding the amount of financial support. It is these documents that are necessary during the pension calculation.
Resolution of the Cabinet of Ministers № 988 of November 11, 2015 “On financial support of police officers of the National Police” regulates salary schemes. At the same time, the Order of the Ministry of Internal Affairs № 260 of April 6, 2016 is of great importance. It was he who approved the “Procedure and conditions for payment of financial support to policemen of the National Police and cadets of higher educational institutions of the Ministry of Internal Affairs with specific conditions of study.”
And now let’s touch on paragraph 3 of Resolution № 103, which was recognized as illegal. Relevant information is contained in the decision of the District Administrative Court of Kyiv in case № 826/12704/18. Therefore, the claimant was recognized as having the right to receive an appropriate certificate on the amount of financial support and to recalculate the pension, based on the amount of the components of this pension, in accordance with Resolutions № 260, № 988 and in accordance with Articles 43 and 64 of Law № 2262-XII .
How to understand it in simpler words?
So, all of the above boils down to the fact that retired policemen have the right to pension in accordance with the aforementioned Law, taking into account the types of financial support provided for policemen. This applies not only to the official salary, but also to promotions, bonuses and allowances.
And the Supreme Administrative Court in its resolution in case № 480/11090/21 of June 21, 2023 concluded that such persons have the right to have income indexation amounts included in their pension.
How it affected the outcome of a specific case?
Therefore, the aforementioned resolution became the basis for the representatives of the “Territorial Medical Association of the Ministry of Internal Affairs” in the Sumy region to draw up and submit to the relevant territorial unit of the PFU a new certificate on the amount of the pension for further recalculation of the pension taking into account indexation.
What does this mean for every retiree?
The entire analyzed regulatory framework shows that the legislation is on the side of the pensioner. However, some state-authorized bodies refuse to take this into account. At the same time, there is a clear legislative mechanism that provides for the recalculation of the pension taking into account indexation.
Some, seeing the resistance of officials in such situations, give up. However, such a decision will only lead to the fact that you will not receive the full pension to which you are entitled. A much better option would be to contact a qualified team of lawyers and receive high-quality consultation and support in interaction with authorized state bodies (including representation in court). This will help solve the problem.