Oleksiy Serhiiovych, 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 November 12, 1985 to 2018, Oleksiy Serhiyovych was granted and calculated a pension for years of service, which is 31 years, in the amount of 83% of the relevant cash security at the time of dismissal in accordance with the Law of Ukraine of 09.04.1992 №2262-XII “On pensions , discharged from military service, and some other persons “.
The Main Department of the Pension Fund in recalculating the pension in 2018 on the basis of the Resolution of the Cabinet of Ministers №103 reduced the basic pension of Alexei Sergeevich from 83% to 70% of the amount of cash benefits. Starting from January 1, 2018, our client received a pension of 70% of the amount of cash security.
Given the illegal reduction of the basic pension from 83% to 70%, Prikhodko & Partners Law Firm, in the interests of Oleksiy Serhiyovych, filed a lawsuit with the Kyiv District Administrative Court, requesting:
- Declare illegal the actions of the Main Department of the Pension Fund of Ukraine in Kyiv to reduce the basic pension of Oleksiy Serhiyovych from 83% to 70% of the amount of cash benefits and payments to Oleksiy Serhiyovych in 2018 only 50%, in 2019 only 75% of the increase pensions.
- To oblige the Main Department of the Pension Fund of Ukraine in Kyiv to transfer and pay Oleksiy Serhiyovych a pension of 83% of cash benefits, as well as to pay Oleksiy Serhiyovych 100% of the pension increase in accordance with Article 63 of the Law of Ukraine “On Pension Provision for Discharged Persons from military service, and some other persons” from 09.04.1992 № 2262-XII, the resolution of the Cabinet of Ministers of Ukraine from 30.08.2017 №704 “About monetary maintenance of servicemen, persons of rank and file and some other persons” and the resolution of the Cabinet of Ministers of Ukraine from 21.02.2018 № 103 “On recalculation of pensions to persons discharged from military service and certain other categories of persons”, without restrictions on the maximum amount, starting from 01.01.2018, taking into account previous payments, making payments immediately and in the same amount.
25.05.2021 The District Administrative Court of Kyiv in the case № 640/538/21 satisfied the claim, in which it decided:
- To declare illegal the actions of the Main Department of the Pension Fund of Ukraine in Kyiv to reduce the basic amount of pension for years of service of Oleksiy Serhiyovych during its recalculation from 83% to 70% of the relevant amounts of cash benefits.
- To oblige the Main Department of the Pension Fund of Ukraine in Kyiv from 01.01.2018, taking into account the basic amount of the pension for years of service 83% of the relevant amounts of cash security, taking into account the payments made.
- To recognize illegal inaction of the Main Department of the Pension Fund of Ukraine in Kyiv due to the payment from 05.03.2019 of 75% of the amount of pension increase, determined as of 01.01.2018.
- To oblige the Main Department of the Pension Fund of Ukraine in Kyiv to pay the amounts of pension increase not received by Oleksiy Serhiyovych, taking into account 100% of the amount of pension increase from March 5, 2019 to September 4, 2019.
For all years of such non-recalculation the debt in the amount of UAH 92,574.83 was formed. (reference to the court decision is attached).
As we can see, Oleksiy Serhiyovych’s pension has been increased by 13%. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.