Grounds for recalculation of pension

Pension recalculation is one of the most common topics addressed to lawyers specializing in pension law. By the way, the team of Prikhodko & Partners Law Firm has such specialists. We offer you to learn more about the issue of pension recalculation. We will also share with you how we can be useful in such client requests.

What legal rules govern the recalculation of pensions?

In this context, we recommend that you pay attention to Articles 51 and 63 of the Law of Ukraine "On Pensions for Persons Discharged from Military Service and Certain Other Persons". This applies specifically to the military and former police officers. These categories of pensioners often come to us for two reasons:

• First, the so-called military pensions do indeed become significantly larger after the recalculation procedure.
• Secondly, such pensions often give rise to controversial situations when Pension Fund officials do not take into account all the types of financial support (not only basic but also additional) that should affect the amount of the pension.

That is why military retirees are suing the Pension Fund on a large scale, and their claims account for a fairly large percentage of all claims filed with Ukrainian courts in administrative proceedings.

As for the so-called civilian pensions, quite a few people also address this issue. When we talk about the legal acts that regulate it, the Law of Ukraine "On Compulsory State Pension Insurance" will be the key one. It can also include laws that deal with specific topics within pension law, such as those that regulate social security for Chernobyl victims.

When a client contacts the team of Prikhodko & Partners Law Firm, we study the situation in detail and are well aware of which legal norms will be relevant in their situation. It can be difficult to deal with all this on your own. That's why high-quality legal support comes in handy.

What are the grounds for recalculating previously granted pensions?

When we talk about military pensions (this applies to retired military personnel and former police officers), the grounds are as follows

• documents in the pension file, as well as additional documents submitted by the pensioner;
• increase in the financial support of the relevant categories of military personnel and persons entitled to a pension under the conditions, in the manner and in the amount provided by the Cabinet of Ministers.

There are also reasons for recalculating civilian pensions. When it comes to a pensioner who continues to work, the basis for recalculation is an increase in work experience or a salary increase.

If the pensioner is no longer working, the reason is the increase in the subsistence minimum. In such cases, the recalculation should be done automatically. No special application to the Pension Fund is required. Another significant detail concerning non-working pensioners is that the recalculation is carried out from the day when the new subsistence minimum is set. As for working pensioners, their pensions are recalculated from the day they resign or cease to operate.

When should you contact us?

If you are entitled to a pension recalculation, but have been denied by the Pension Fund, the specialists of Prikhodko & Partners Law Firm will consider your situation in detail and suggest ways to resolve it.

Our practice has many successful cases in the field of pension law (including when the rights and legitimate interests of a pensioner need to be defended in court). Fill out the form on the website and our lawyer will contact you shortly.