Confirmation of work experience in court

When it comes time to retire, a future pensioner begins to interact more actively with Pension Fund representatives, providing all the necessary documents. Many people are surprised to find that Pension Fund officials often take sides that are not in favour of the pensioner and create artificial complications in the process of obtaining the appropriate benefits.

For example, in some cases, it may be claims that entries in the employment record book are allegedly unclear. Or, there are situations where the length of service that should be credited on preferential terms is not credited on this basis, despite the existence of all the necessary grounds for this. 

In short, there can be many problems and complications. In the vast majority of such situations, you need the help of good lawyers, starting with consulting and ending with the support of the case in court. The team of Prikhodko&Partners Law Firm has just such specialists.

What you need to know about work experience verification?

According to Article 62 of the Law of Ukraine No. 1788-XII "On Pension Provision" of 5 November 1991, the key document confirming the length of service is the employment record book.

The Pension Fund authorities determine the length of service required for further pension granting by making a relevant decision. If the applicant disagrees with this decision, it can be appealed in accordance with the procedure established by law. The appeal takes place within the framework of administrative proceedings.

Pension Fund refuses to grant a pension due to failure to take into account length of service: what to do?

So, when going to court, you should ask for it:

• cancel the decision to refuse to grant a pension;
• to declare unlawful the actions of the Pension Fund authority in refusing to include work experience in the employment/insurance period;
• to credit the relevant length of service.

This is how the claims that a person brings to a court of law are formed.

What you need to know about the package of documents to prove your work experience?

With regard to documentary proof of seniority and appealing against decisions and actions of the Pension Fund in court, you should know the following:

• the court will consider only those documents that were submitted with the pension application;
• documents that were not submitted by the person to the Pension Fund when applying for a pension, the court will not evaluate.

The above principles are related to the fact that the court is not obliged to examine the documents that the Pension Fund did not examine. That is why it is a rational decision for a pensioner to choose a legal support service for his or her interaction with the Pension Fund from the very beginning. We will immediately advise you on what documents you need to submit to this institution to minimise the risk of refusal to credit your service.

Peculiarities of administrative proceedings in such cases

The statement of claim is filed with an administrative court, taking into account the rules of territorial jurisdiction. You will have to pay a court fee of 0.4 per cent of the rate set on 1 January of the calendar year of filing the application. Certain categories of persons are exempt from paying the court fee.

When the lawyers of Prikhodko&Partners Law Firm advise their clients on these topics, we provide more detailed answers to such questions, based on the circumstances of each specific situation with which we are contacted. By engaging professional support, you get the opportunity to resolve legal issues that are important to you quickly and efficiently, without wasting time, nerves and effort.