Limitation of the pension amount for Chernobyl victims

The topic of pension provision is complex and multifaceted, and the legal field surrounding it is very dynamic. This is due to the fact that not only laws are changed, but also those by-laws aimed at detailing legislative norms for their clearer and more understandable application in a specific applied context. In addition, some norms are recognized as contradicting the Constitution, when the Constitutional Court came to such a conclusion.

If we talk about the issue of limiting the maximum amount of pensions for Chernobyl residents, then everything that was discussed earlier is relevant for this topic. Conflicts of legal norms become a "gap" for opportunities to illegally limit the size of the pension. This is the tendency often observed by representatives of the Pension Fund.

What the current legislation says on this topic?

The concept of the maximum amount of the pension was first implemented by the Law of Ukraine "On measures for legislative support of the reform of the pension system" dated July 8, 2011 № 3668-VI. Specifically, amendments were made to Article 67 of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster."

However, the practice of the Constitutional Court of Ukraine shows that such a restriction is not legal. In particular, this thesis is contained in the decision of March 20, 2024 № 2-r(II)/2024. Thus, the highest body of constitutional jurisdiction came to the conclusion that the introduced limitation of the maximum amount of pension for persons who suffered as a result of the Chernobyl disaster violates the essence of constitutional guarantees regarding the provision of their social protection.

This means that since the entry into force of the mentioned decision, the legal norms limiting the maximum amount of pension for residents of Chernobyl are invalid. Implementation of the decisions of the Central Committee of Ukraine on the territory of our state is mandatory for everyone. So now pensioners who want to protect their right to a proper amount of pension have sufficient legal grounds to do so.

Does this mean changes in the position of PFU?

Despite everything that was described above, officials of the Pension Fund continue to be guided by those unconstitutional provisions of the law, which limit the maximum amount of pension for residents of Chernobyl. This situation is typical not only for this issue, but also for many other topics where the Constitutional Court sides with the pensioner, but the Pension Fund does not. Therefore, it is not surprising that lawsuits against the PF make up almost the largest share of all lawsuits that citizens bring to administrative courts.

Why you should turn to professional lawyers for support?

The team of the Prikhodko & Partners law firm helps pensioners defend their rights and legitimate interests in such cases. When clients contact us, we act in the following algorithm:

• We send a lawyer's request to the PF body to receive pension calculations. This is necessary in order to establish the fact of limiting the maximum amount of the pension specifically in your case.
• We use the method of pre-trial settlement, namely, we submit an application for pension transfer to the PF itself. As practice shows, such applications face rejection. But it is important to follow this procedure so that you can use the argument in court that you tried to use the option of settling the situation directly with the Pension Fund. Also, an official refusal serves as proof that the pensioner's rights are really being violated.
• After the PF authorities refuse to transfer the pension, we prepare an administrative lawsuit in court.

Our practice shows that such cases are successful. So don't miss the opportunity to receive exactly the pension you deserve, and not an artificially limited amount.

To receive advice or help from a pension lawyer regarding the maximum pension limit - fill out the form on our website and our lawyer will contact you shortly.