INCREASE IN MILITARY PENSION THROUGH COURT TWICE

Vadym Anatoliyovych turned to JSB “Prikhodko and Partners” for help in recalculating his military pension. The pensioner was discharged from military service from the position of commander of department 67 of the State Fire and Rescue Unit of the 11th State Fire and Rescue Detachment (Volnovakha) of the State Emergency Service of Ukraine in Donetsk region.

Until 2018, the Plaintiff was accrued a pension based on the following components of cash security for the calculation of pension:

• salary;
• salary for military rank;
• allowances for years of service;
• additional types of cash security.

The Main Department of the Pension Fund of Ukraine in Kyiv region in 2018 recalculated the client's pension on the basis of the Certificate on the amount of cash security for recalculation of pensions as of 01.03.2018, according to the Cabinet of Ministers of 21.02.2018 № 103 "On recalculation of pensions military service, and some other categories of persons" and did not take into account additional types of cash security when calculating pensions.

At the request of the pensioner, the Main Department of the State Service of Ukraine for Emergencies in Donetsk region prepared a certificate on the amount of cash security as of 05.03.2019 from 25.05.2021 № 1283 for a similar position (on the day of dismissal) held by Vadym Anatoliyovych, indicating monthly additional types cash security. The original certificate from 25.05.2021 № 1283 was sent to the Pension Fund.

However, the Main Department of the Pension Fund of Ukraine in Kyiv region refused to recalculate the pension on the basis of a certificate issued by the Main Department of the State Emergency Service of Ukraine in Donetsk region on the amount of cash security, taking into account additional types of cash security.

The decision of the Donetsk District Administrative Court of November 29, 2021 in case № 200/9314/21 obliges the Main Department of the Pension Fund of Ukraine in Kyiv region (USREOU code 22933548, location: 40 Yaroslavska Street, Kyiv, 04071 ), from 01.04.2019, to transfer and pay Vadym Anatoliyovych pension on the basis of a certificate of the amount of cash security as of 05.03.2019, including the following components of cash security: salary - 3170 UAH., salary for military rank - 950 UAH., allowance for years of service (45%) - UAH 1,854, allowance for the peculiarities of service (50%) - UAH 2,987, bonus (70%) of salary - UAH 2,219, which were taken into account before the recalculation of the pension.

In pursuance of the decision of the Donetsk District Administrative Court of 29.11.2021 in case № 200/9314/21 VA the pension was recalculated on the basis of a certificate of the amount of cash security as of March 5, 2019, including the following components of cash security: salary - UAH 3,170, salary for military rank - UAH 950, seniority allowance (45%) - UAH 1,854 ., allowance for the peculiarities of service (50%) - 2987 UAH., bonus (70%) salary - 2219 UAH., which were taken into account before the recalculation of pensions.

The recalculation was carried out from 25.02.2020 (the date of the pension). The amount of surcharge on recalculation for the period from 25.02.2020 to 31.01.2022 is UAH 73743.22. From 01.02.2022 the pension will be paid in the amount of UAH 6931.60.

We can conclude that our client's pension has more than doubled. The practice of successful cases of JSB "Prikhodko and Partners" in the recalculation of military pensions is 100%, which is a guarantee of success of our company. Therefore, do not waste time contact our lawyers, we will help you transfer your pension.