INCREASE TO THE PENSION OF PENSIONERS OF INTELLIGENCE MILITARY

It is a well-known fact that intelligence in any country is a very important element of national security and defense, which is carried out by specially authorized intelligence agencies that can act as an independent state agency (CIA, MI6, Mossad, in Ukraine - the Foreign Intelligence Service). or function as part of one of the central bodies of the executive power (in Ukraine – the Main Intelligence Directorate of the Ministry of Defense of Ukraine).

According to the current legislation, intelligence agencies are:

•  the Foreign Intelligence Service of Ukraine (hereinafter - SZR)
• the intelligence body of the Ministry of Defense of Ukraine (hereinafter - GUR of the Ministry of Defense of Ukraine)
• the intelligence body of the central executive body, which implements state policy in the sphere of state border protection.

It is an important duty for the state to provide a decent amount of pension to such categories of military pensioners.

Legal regulation:

As stated in the previous articles of our Law Firm "PRIKHODKO&PARTNERS", on 08/20/2017 the Cabinet of Ministers of Ukraine adopted Resolution № 704, which entered into force on 01.03.2018 (hereinafter - Resolution № 704), which approved the tariff grids of grades and salary coefficients, schemes tariff classes, tariff coefficients, additional types of financial support, amounts of allowances for years of service.

Clause 2 of this resolution establishes that the financial support of military personnel, rank-and-file and senior officers consists of official salary, salary for a military (special) rank, monthly (increase in official salary, allowances, extra payments, rewards of a permanent nature, bonuses) and one-time additional types of financial support.

In addition, on July 14, 2021, the Cabinet of Ministers of Ukraine adopted Resolution № 729 "On Amendments to Resolution" № 704" (hereinafter Resolution № 729), which increased the financial support of servicemen of intelligence agencies.

Thus, taking into account the amendments made to Resolution № 704, the following changes have been made: the amount of official salary of servicemen of intelligence agencies, the amount of bonuses for servicemen of intelligence agencies, and the seniority allowance of servicemen of intelligence agencies.

Please note that Resolution № 729 of the Cabinet of Ministers of Ukraine entered into force on July 14, 2021.

In order to implement the above-mentioned resolution, the Cabinet of Ministers of Ukraine adopted Resolution №144 "On recalculation of pensions to persons dismissed from intelligence agencies" (hereinafter - Resolution № 144).

In accordance with paragraph 1 of Resolution № 144, it was decided:

• to transfer from August 1, 2021, the pensions assigned in accordance with the Law of Ukraine "On pension provision of persons released from military service and certain other persons" to persons from among military personnel of intelligence agencies (except military personnel of conscript service) based on the amount determined by Resolution № 704 financial support for the corresponding (equivalent) positions of military personnel, taking into account: official salary, salary according to military rank and allowance for years of service - in the amounts established on the date of entry into force of Resolution № 729

Clause 4 of Resolution № 144 provides for the further procedure for notifying the PFU to its head office about the need to prepare lists of persons whose pensions are subject to recalculation and their subsequent submission to the Ministry of Defense, the Foreign Intelligence Service and the State Border Guard Administration.

On the basis of the received lists, the above-mentioned power structures, from which persons were dismissed from service, prepare certificates on the amount of financial support, which will be taken into account during the calculation of pensions, for each person indicated in the list.

Please note that the claimant's right to pension recalculation is indisputable, as Resolution № 729 changed the financial support of servicemen of intelligence agencies, and the prerequisite for pension recalculation is an appropriate certificate of the amount of financial support.

So, to sum up, it should be noted that the practice on this issue is only being developed and the state authorities are not taking appropriate actions to further increase the pension of servicemen of the intelligence agencies, and their right to an increased amount of pension must be defended in court, so we advise you to contact the specialists of the Advocacy Bureau "PRIKHODKO& PARTNERS" who will "turnkey" take care of your case until its logical conclusion.