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Chernikov Dmitry

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

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JSC “PRIKHODKO AND PARTNERS” HELPED TO TRANSFER MILITARY PENSION

Mykola Dmytrovych, 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 01.01.1988 to 2018 Mykola Dmytrovych was awarded and calculated a pension for years of service, which is 37 years, in the amount of 90% of the relevant cash benefits 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 when recalculating the pension in 2018 on the basis of the Resolution of the Cabinet of Ministers №103 reduced the basic pension of Mykola Dmytrovych from 90% 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 90% to 70%, Prikhodko & Partners Law Firm, in the interests of Mykola Dmytrovych, filed a lawsuit with the Kyiv District Administrative Court, requesting:

  • Recognize illegal actions of the Main Department of the Pension Fund of Ukraine in Kyiv to reduce Mykola Dmytrovych’s basic pension from 90% to 70% of the amount of cash security and payments to Mykola Dmytrovych 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 Mykola Dmytrovych a pension in the amount of 90% of cash benefits, as well as to pay Mykola Dmytrovych 100% of the pension increase in accordance with Article 63 of the Law of Ukraine “On Pensions 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.

30.06.2021 The District Administrative Court of Kyiv in the case № 640/3179/21 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 Mykola Dmytrovych during its recalculation from 90% 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 90% 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 Mykola Dmytrovych, 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 85,574.83 was formed (reference to the court decision is attached).

As we can see, Mykola Dmytrovych’s pension has been increased by 20%. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.

20%
discount
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