Фото: HOW TO GET A MILITARY PENSION IN UKRAINE?

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

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HOW TO GET A MILITARY PENSION IN UKRAINE?

Reading time: 3 min.

Quite often, the Pension Fund of Ukraine limits and reduces the percentage of monetary support when recalculating military servicemen's pensions. Military pensioners sometimes do not pay attention to such illegal actions of the PFU, or simply do not even know about such actions on the part of the pension fund. Accordingly, in the process of recalculating the pension in a judicial procedure, requests for an illegal reduction of the basic amount of the pension are not indicated in the claims.

Let's analyze this situation on the real case of our company.

Military pensioner Anatoly Oleksandrovych turned to us for help in recalculating his pension. From the calculations of his pension, it was seen that the main amount of the pension was assigned and paid until 2018 in the amount of 90% of the financial support.

When recalculating the pension in 2018, the PFU reduced the basic amount of the client's pension from 90% to 70% of the amount of cash support based on Resolution № 103 of the CMU. Starting from 01.01.2018, Anatoly Oleksandrovych received a pension in the amount of 70% of the amount of financial support. Accordingly, such a reduction in the percentage of monetary support is illegal and was challenged in court. After all, the Supreme Court came to the conclusion that when recalculating the Plaintiff's pension from January 1, 2018, in accordance with Article 63 of Law № 2262-ХІ, on the basis of Resolution of the CMU № 103, there are no grounds for applying the mechanism of a new pension calculation with the application of the norms of the second part of Article 13 of Law № 2262 -XII, which is applied precisely in the appointment of a pension. Therefore, when recalculating the pension, only the amount of monetary support is a variable value, instead, the percentage value of the amount of the basic pension, which was calculated at the time of its appointment in accordance with the years of service available to the Claimant, is unchanged.

Case № 240/5401/18 and the decision of the Supreme Court for this case is exemplary because all the circumstances of an exemplary case are present, which determine the typical application of substantive law norms:

  • The plaintiff is a person who has been awarded a pension for years of service in accordance with Law № 2262-ХІ;
  • The defendant is the relevant Main Department of the Pension Fund of Ukraine, in which the plaintiff is registered;
  • The subject of the dispute is a change in the percentage value of the pension amount when it is recalculated from January 1, 2018 on the basis of Resolution of the CMU № 103 in connection with the increase in the amounts of financial support determined as of March 1, 2018 in accordance with Resolution of the CMU № 704. Based on from the above, it can be seen that the PFU unlawfully reduced the basic amount of Anatoly Oleksandrovych's pension from 90% to 70% of the amount of monetary support when recalculating the pension in 2018 on the basis of CMU Resolution № 103.

Accordingly, after the lawyers of our company drew up the demands in the statement of claim to the court, on the basis of the above-mentioned arguments, the administrative court found it illegal to reduce the basic amount of the pension from 90 % to 70 % and forced the pension fund to return the percentage to the previous amount of 90 %.

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Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

Contact now
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