INCREASE IN THE AMOUNT OF PENSIONS FOR FORMER POLICE OFFICERS

The issue of pension provision of law enforcement agencies remains quite relevant today.

Everyone knows how difficult and long the path of the pensioners of the Ministry of Internal Affairs was in defending their right to proper pension provision, the repeated rallies of former employees of the security forces near the buildings of the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine still gave their results.

Another piece of good news for pensioners of the Ministry of Internal Affairs was the decision of the District Administrative Court of the city of Kyiv dated 14.05.2019 in case № 826/12704/18, which was left unchanged by the decision of the Sixth Administrative Court of Appeal dated 19.11.2019, which found paragraph 3 of the "famous" Decree of the Cabinet of Ministers of Ukraine № 103, which concerns the transfer of pensions to senior and non-executive members of internal affairs bodies (police).

Precisely from 19.11.2019 - from the date of entry into force of the court decision in case № 826/12704/18 - paragraph 3 of Resolution № 103 became invalid, and other normative acts that would further limit the composition and amount of financial support for persons in the executive and ordinary members of the bodies of internal affairs (police) for calculating and recalculating the pension, absent.

Therefore, from this date, there were grounds for transferring pensions to police officers.

The judicial annulment of certain provisions of the above-mentioned Resolution № 103 gives the right to recalculate pensions taking into account the main and monthly additional types of financial support and bonuses based on certificates from authorized bodies.

Who is the authorized body for the production of updated certificates for former police officers as of November 19, 2019?

Apparently, about 90% of our clients believe that since they worked and were dismissed from the POLICE, the Ministry of Internal Affairs of Ukraine (hereinafter referred to as the Ministry of Internal Affairs of Ukraine) is the authorized body to issue updated certificates.

However, this opinion is wrong and not entirely correct, since the order of the Ministry of Internal Affairs of Ukraine dated 16.04.2021 No. 291 made changes to paragraph 1 of the order of the Ministry of Internal Affairs of Ukraine dated 25.02.2019 № 129 "On the definition of the authorized structural division in the Ministry of Internal Affairs of Ukraine for preparation and submission to of the bodies of the Pension Fund of Ukraine documents for the appointment (recalculation) of pensions" and in accordance with these changes:

• territorial medical associations of the Ministry of Internal Affairs of Ukraine in the regions, the city of Kyiv are designated by authorized institutions for issuing certificates on the amount of financial support with the assignment of such functions to the relevant sectors (departments) for social and humanitarian issues of these state institutions;
• only if the pensioner resigned from the central office of the Ministry of Internal Affairs of Ukraine, the authorized body is the Department of Pension Issues and Social Protection of the Ministry of Internal Affairs of Ukraine.

Therefore, in order not to waste time on determining the authorized body for the production of such certificates, you should contact specialists with experience in such work. You can familiarize yourself with real cases and compare the financial support of ex-policemen according to the "old" and "new" certificate in the next section of the article.

Real cases regarding increasing the amount of pensions for ex-policemen

• Grigory Mironovych from Odesa Oblast had his pension deducted from the amount of UAH 5,293.49 according to the "old certificate", but the lawyers of AB "Prikhodko&Partners" received and are accompanying the case in court with a "new" certificate in the amount of UAH 14,769.55.
• In the same way, Oleksandr Vasyliovych from the Donetsk region had his pension deducted from UAH 8,287.37 according to the "old certificate". as of today, the updated reference amounts to UAH 20,687.38.
• Police pensioner Oleksandr Volodymyrovych, who resigned from the Ministry of Internal Affairs of Ukraine, until the moment he applied to our legal company, the pension was calculated according to the "old" certificate of UAH 16,519.50. As of today, according to the new certificate we received, the pension will be calculated in the amount of UAH 23,649.16 UAH.

That is, as you can see, the difference in the size of the financial support according to the "old" and "new" certificate is significant and it is not worth postponing this issue for later.

Of course, the issue of financial support for ex-policemen is individual and depends a lot on some factors, such as years of service, position, etc., however, the lawyers of JSC "Prikhodko&Partners" specialize in these "types of pensions" and will be able to advise you with quality and carry out a full "turnkey" pension recalculation.