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Chernikov Dmitry

Specializes in criminal, civil and administrative law, recalculation of military pensions

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INCREASE IN THE PENSION OF A MILITARY PENSIONER. ANOTHER VICTORY OF JSC “PRIKHODKO&PARTNERS”

Yuriy Serhiyovych, a military pensioner, applied to our company for legal assistance in recalculating his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From August 16, 2002 to 2018, Yuriy Serhiyovych was granted and calculated a pension for years of service, which is 30 years, in the amount of 80% of the relevant cash security.

Until 2018, Yuriy Serhiyovych was accrued a pension based on the following components of cash security for calculating the pension:

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

In 2018, the Main Department of the Pension Fund of Ukraine in Kyiv recalculated Yuriy Serhiyovych’s pension on the basis of the Certificate on the amount of financial support for recalculation of pensions as of March 1, 2018, issued in accordance with the Cabinet of Ministers Resolution of March 23, 2018 № 103 “On the recalculation of pensions for persons discharged from military service and certain other categories of persons” and did not take into account additional types of cash security when calculating pensions. In particular, the pension fund began to accrue a pension based on 70% of cash benefits.

At the request of Prikhodko & Partners Law Firm, the authorized body prepared and sent to the pension fund an updated certificate on the amount of cash support for pension recalculation as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to recalculate the pension, so we had to go to court.

On January 16, 2021, the District Administrative Court of Kyiv in the case № 640/21712/21 satisfied the claim and ordered the Main Department of the Pension Fund of Ukraine in Kyiv region to recalculate Yuriy Serhiyovych’s pension from April 1, 2019 on the basis of an updated certificate of cash security based on 80% of the basic amount of pension.

From April 1, 2019, the Pension Fund recalculated the pension and began to accrue an increased pension.

Our client’s pension before the recalculation was UAH 8,456, after the recalculation it is UAH 17,367. For all years of such non-recalculation the debt in the amount of UAH 286,889 was formed. (reference to the court decision is attached).

As we can see, Yuriy Serhiyovych’s pension has been doubled. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.

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