How to switch from long service pension to old age pension?

The transition from one type of pension to another is regulated by Article 10 of the Law of Ukraine «On Compulsory State Pension Insurance». It states that a person who is entitled to different types of pensions may choose which one he or she wishes to receive. And even if a person is currently receiving one type of pension, the law provides for his or her right to switch to another, which is more favorable for him or her. If you are interested in legal support of the issue of transferring from one type of pension to another, the team of Prikhodko & Partners Law Firm provides its services in this area. We can advise you, provide legal support in your interactions with the Pension Fund, and represent your interests in court.

What does the law say?

Article 45(3) of Law № 1058-IV stipulates that the average salary (or income) determined by Article 40(2) of this Law for the purpose of granting a pension is applied only in case of transfer from one type of pension to another or granting a pension for the first time. This refers to the salary for the three calendar years preceding the year of application.

An important aspect is that the long-service pension must be granted on the basis of the Law «On Pensions» or «On Pensions for Persons Discharged from Military Service and Certain Other Persons».

How does the transition to old-age pension work?

If a pensioner wants to transfer from a long-service pension to an old-age pension, he or she needs to apply to the Pension Fund, providing documents confirming his or her length of service and salary.

In this matter, the rights of pensioners are often violated when it comes to calculating the amount of pension during the transfer. Representatives of the Pension Fund, as a rule, carry out the so-called recalculation, but do not apply the average salary for the 3 calendar years before the application. Such actions of the Pension Fund are a violation of the pensioner's right to a proper pension.

What can we do for you?

As our regular practice shows, in the vast majority of such cases, it is necessary to resolve the issue through the courts. These cases are winnable. Sometimes it happens that pensioners do not believe in success in this matter at first, because the refusal to properly calculate their pensions comes from the body that implements state pension policy and should be on their side. However, this does not mean anything. The number of similar cases won in administrative courts shows that you need to defend your rights and legitimate interests. So our team will help you do it.

How do we work?

During the initial consultation, we carefully analyze a specific case and decide on the person's right to transfer from a long-service pension to an old-age pension. If the Pension Fund representatives violate your right to a proper transfer from one type of pension to another, we develop a plan of further actions and a strategy for representing your interests in court. Although each situation is unique, there are trends and patterns that unite all such cases, as the Pension Fund behaves identically in most similar situations.

Therefore, seeing examples of won cases where other pensioners managed to defend their rights, you should not give up and contact specialists. The lawyers of Prikhodko & Partners Law Firm will help you.