Latest news about civil servant pensions

The issue of pension provision for civil servants traditionally arouses great public interest, as it directly concerns a large category of citizens who have devoted years of their lives to working for the state. Headlines about “reforms” or “new rules” often appear in the press, however, if we turn to the legislation, it should be admitted: no significant changes have occurred in the field of pension provision for civil servants so far. All key norms remain valid in the versions adopted even earlier, and the practice of their application by the Pension Fund of Ukraine (PFU) remains stable.

At the same time, the stability of the legislation does not mean the absence of problems. On the contrary, the greatest difficulties arise precisely at the stage of exercising the right to a pension. The latest “news” for many civil servants is that the Pension Fund continues to massively refuse to appoint or retire a civil servant due to formal shortcomings in the documents.

Current legislation on pensions for civil servants

The main document regulating the assignment of pensions to civil servants remains the Law of Ukraine “On Civil Service” No. 889-VIII of December 10, 2015. At the same time, certain categories of persons continue to enjoy the right to be assigned a pension in accordance with the provisions of the previous law — the Law of Ukraine “On Civil Service” No. 3723-XII of December 16, 1993.

The Law of Ukraine “On Compulsory State Pension Insurance” No. 1058-IV is also applied, which defines general approaches to pension provision and calculation of insurance experience.

Thus, no “new rules” or “updated conditions” for assigning pensions to civil servants in 2024–2025 have appeared. But problems with the practical application of the norms of the legislation have not disappeared.

Typical Pension Fund Refusals: Why Do Problems Arise?

Although the laws clearly define the right of individuals to a civil servant's pension, in practice the PFU often refuses to grant it. The main reasons remain the same as a few years ago:

1. Deficiencies in the work book. If entries are made with errors, there are no seals or signatures, or the position or body where the civil servant worked is incorrectly indicated, the PFU may refuse to count the relevant periods as seniority.
2. Non-inclusion of seniority for tax and customs officers. A particularly common situation is when tax or customs service employees are faced with a refusal to count the periods of their work as civil servants. The Pension Fund sometimes interprets the provisions of the law too narrowly, although case law confirms that such seniority should be taken into account.
3. Formal shortcomings in military tickets, archival certificates, orders. Any inaccuracy — from a discrepancy in dates to the absence of an official's signature — can be used as a basis for refusal.
4. Incorrect application of transitional provisions. Some civil servants who worked before 2016 are denied a special pension by the Pension Fund, although in fact they have a legal right to receive one.

How to confirm seniority and avoid rejection?

To confirm seniority in civil service, a work book, orders on appointment and dismissal, certificates from archival institutions, personal files, etc. are used. If the work book contains shortcomings, it is worth taking care of obtaining additional documents in advance.

For example:

• archival certificates from the personnel departments of liquidated bodies;
• copies of orders on admission to service;
• certificates from the State Tax Service or customs authorities confirming service.

Often, it is additional documents that allow you to avoid rejection when applying to the Pension Fund.

What to do in case of rejection by the Pension Fund?

If you still receive a decision to refuse to grant a pension, it is worth remembering that it can be appealed in court. According to the Code of Administrative Procedure of Ukraine, the deadline for applying to court is 6 months from the date of receipt of the refusal.

The statement of claim must indicate:

• data on the contested decision;
• information on work experience;
• a list of submitted documents;
• an argument why the refusal is illegal;
• a reference to the relevant provisions of the law.

Judicial practice shows that a significant part of such cases is resolved in favor of the plaintiffs. The court recognizes the Pension Fund's refusals as illegal if the length of service is confirmed by documents, even despite formal inaccuracies in their registration.

Case law: examples in favor of civil servants

The Supreme Court has repeatedly noted that formal errors in documents cannot be a reason for refusing to grant a pension. If the evidence provided clearly shows that a person worked in the civil service, the Pension Fund is obliged to count this experience.

It is worth emphasizing separately that the courts often side with tax and customs officials. Although the PFU sometimes denies that their service belongs to the state, the courts confirm the opposite, obliging the fund to grant a pension.

Conclusions: what can be considered “the latest news”?

Despite the absence of new legislative changes, the current practice of granting pensions to civil servants demonstrates a number of trends:

• The Pension Fund continues to pay excessive attention to formal shortcomings in documents.
• Taxpayers and customs officials remain one of the most vulnerable categories in matters of confirmation of experience.
• Judicial practice is mostly positive for civil servants: PFU refusals are recognized as illegal if the length of service is confirmed by documents.

Thus, the "news" for civil servants is not in changes in the legislation, but in the fact that appealing the Pension Fund's refusals remains a relevant and effective way to defend one's rights.

Contacting a pension lawyer will allow you to properly prepare documents, draw up a statement of claim, and ensure a positive court decision.