Grounds and procedure for recalculation of military pension

Law of Ukraine № 2262-ХІI plays a major role in the issue of recalculation of military pension. This normative legal act, which was adopted back in 1992, was then repeatedly changed and supplemented, as can be seen from its numerous revisions, the last of which is dated October 6, 2022. It is entitled "On pension provision for persons released from military service and certain other persons". This means that it also applies to pensioners who worked in the militia/police, the State Emergency Service and a number of other structures.

What is the value of article 63 of the mentioned Law?

When we talk specifically about the issue of recalculation of the military pension, it is regulated by Article 63 of the Law. The key points that can be understood from this article are as follows:

• recalculation of military pensions takes place according to the documents in the pension file;
• other documents submitted by the pensioner at the time of recalculation are also taken into account;
• if the pensioner subsequently submits documents that entitle him to a pension increase, it is recalculated in accordance with the provisions of this Law;
• recalculation takes place no more than 12 months from the day the documents were submitted;
• when it comes to the pensions of those pensioners who belonged to the senior and rank-and-file staff of the Ministry of Internal Affairs, the recalculation takes place taking into account the types of financial support that are current on the basis of legal norms for police officers;
• recalculation of pensions takes place on the basis of the norms of this Law in the manner and amounts determined by the Cabinet of Ministers.

It is also important that persons who have the right to a pension according to the mentioned Law and received regular special or military ranks, being in reserve or retired, these ranks are not taken into account when calculating pensions.

To whom does such recalculation apply?

When talking about the mentioned legal norms, the phrase "military pension" is usually used. However, the list of persons covered by Law № 2262-ХІ is actually wider. It is specified in articles 1, 2 and 3 of this regulatory act. For example, it also refers to retirees from the ranks of firefighters, research institutions of the Ministry of Internal Affairs, employees of paramilitary security and others.

In consulting, our team tells its clients in detail about the real practice of applying the norms of this Law and their prospects in this context.

What happens in interaction with the Pension Fund?

Despite the fact that the Law is on the side of the pensioner, the Pension Fund is often not on his side. Thus, illegal actions of PFU are usually observed in the following categories of cases:

• reducing the percentage ratio to 70%;
• pension recalculation in accordance with the updated certificate on the amount of monetary support;
• removing the limit on the maximum amount of pension and taking into account indexation in 2022 and 2023 to the basic amount of pension;
• refund of additional payment in the amount of 2,000 hryvnias in accordance with Resolution of the CMU № 713.

These are the most common cases, but the specified list is not limited to the entire range of cases where pensioners see injustice on the part of the Pension Fund. We come across a wide variety of requests.

How can the services of our team be useful?

The "Prikhodko&Partners" law office is staffed by experts in their field, who are ready to qualitatively protect the interests of clients. This statement is supported by the established positive practice of the courts in the mentioned disputes. It is convincingly confirmed by our experience. So apply and don't miss the opportunity to defend your rights.