Enrollment of seniority to years of service

According to the general rule, the pension of a military serviceman is assigned according to calendar years of service. However, there are cases when it can be enrolled on preferential terms. This is stated in Art. 17-1 of Law № 2262 and the Procedure for calculating years of service, which was approved by Government Resolution № 393 of July 17, 1992. Let's analyze in more detail what it is about. We will also tell you how the services of the Prikhodko&Partners law firm can be useful to you.

So what does the law say?

The above-mentioned Law is entitled "On pension provision of persons released from military service and certain other persons". It lists a large list of employees of all law enforcement agencies, starting with the militia/police and ending with employees of the SBU, SZR, State Emergency Service, DPSU, NSU, and others. Thus, in Article 17-1, it is specified that the procedure by which pension is calculated for these persons and preferential conditions for its accrual are determined by the Cabinet of Ministers.

Decree № 393 of July 17, 1992 carefully details all categories of persons who are provided with crediting of years of service on preferential terms. For example, participation in combat operations in wartime involves the crediting of 1 month of service for 3. And 1 month of service for 2 is counted when a person served in units, compounds and units that participated in the maintenance of a state of emergency. These are just some examples. The resolution is quite voluminous in content and contains a lot of information regarding various situations and circumstances of the service. During consultations, we explain all this in detail according to the client's situation.

What does court practice say?

Judicial practice in such cases was greatly influenced by the decision of the Supreme Court dated March 3, 2021 in case № 805/3926/18-a. The citizen sued the Department of Economic Protection of the National Police. It was about the fact that the Department did not credit the plaintiff with years of preferential service for participating in the anti-terrorist operation. If we talk briefly about the result, the cassation appeal was satisfied.

Advantages of contacting us

Client inquiries related to the topic of pensions are common in our work. In particular, when employees of law enforcement agencies and other law enforcement agencies, upon retirement, try to ensure that their seniority is credited in accordance with current legislation.

When a person is faced with the defense of his legitimate interests in practice, he often has to deal with the fact that the authorized bodies themselves neglect the norms of the law. But with professional legal support, such cases are successfully resolved. We say this with numerous successful cases in our own work, when we helped clients protect their rights. We do not stop halfway and are always focused only on the result, especially knowing that there are all legal grounds for this.

Law office "Prikhodko&Partners" offers its clients such services as:

• Consulting assistance. It can be both offline and online consultations.
• Full support of the case and representation of the client's interests in court.

Thus, by contacting us, you can, without any extra effort on your part, ensure that the pension is calculated fairly, and the seniority is taken into account.