CLAIM FOR PENSION REDUCTION: Security Service of Ukraine, Armed Forces of Ukraine, Ministry of Internal Affairs, State Emergency Service, National Guard

Military pensioner Semyon Ivanovych 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 September 18, 2001 to 2018, Semyon Ivanovich was assigned and calculated a pension for 31 years of service, in the amount of 83% of the corresponding financial support.

Until 2018, Semyon Ivanovych was awarded a pension based on the following components of financial support for pension calculation:

• official salary;
• salary for a military rank;
• allowance for years of service;
• additional types of financial support.

In 2018, the Main Directorate of the Pension Fund of Ukraine in Kyiv recalculated Semyon Ivanovich's pension on the basis of 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 70% 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, which is why we had to go to court.

On 08/29/2022, the District Administrative Court of the city of Kyiv in case № 640/24848/22 satisfied the lawsuit and obliged the Head Office of the Pension Fund of Ukraine in the city of Kyiv to recalculate Semyon Ivanovich's pension from 04/01/2019 on the basis of the updated certificate on the amount of financial support based on 83 % of the 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 9,473, after the recalculation it is UAH 18,948. During all the years of such non-remittance, a debt in the amount of UAH 250,939 was formed.

As we can see, Semyon Ivanovich'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.