Limiting the pension to the maximum amount

Lawyer in the field of military pensions and military law.

Contact now

Limiting the pension to the maximum amount

Reading time: 3 min.

Restrictions on the maximum amount of pensions, which are assigned by the Pension Fund of Ukraine, are illegal and violate the rights and legitimate interests of certain categories of pensioners.

Limitations contradict the Constitution

In particular, we are talking about military pensioners - persons who retired after long-term military service. The establishment of limits for the size of their pensions directly contradicts the norms of the Constitution of Ukraine and a number of laws adopted for the development of these constitutional guarantees.

An attempt to limit the size of the pension

In October 2011, the law "On measures to provide legislative support for the reform of the pension system" was adopted, which introduced the limitation of the maximum amount of military servicemen's pensions to ten subsistence minimums for persons who have lost their ability to work.

 

Cancellation of restrictions by the Constitutional Court

However, in December 2016, the Constitutional Court of Ukraine declared such a legal restriction unconstitutional. The court's reasoning was based on the fact that any restrictions on the amount of pensions (especially for military personnel) should not be set at a certain limited amount, because this contradicts, first of all, the Constitution of Ukraine.

Accordingly, there are no such restrictions in the Constitution. As a result of this decision of the Constitutional Court, the corresponding provision of the law lost its validity and was actually excluded from the legislation.

Therefore, during the years 2016-2022, there were no restrictions on the amount of pensions of military personnel in Ukraine. And in October 2022, the Constitutional Court emphasized in a new decision that the maximum pension for military pensioners cannot, in principle, be limited to any specific absolute amount or multiple of the subsistence minimum.

Military pensions cannot be limited

At the legislative level, there can be no talk of setting a ceiling for the amount of pensions for this category of pensioners. Given that the decisions of the Constitutional Court of Ukraine have the highest legal force after the Constitution, this conclusion is binding on the entire territory of the country.

Therefore, any attempts to establish any limits or restrictions on the pension provision of military pensioners today are unconstitutional and violate the fundamental rights of these citizens.

 

Importantly! As of January 1, 2023, the size of one such subsistence minimum was 2,093 hryvnias. Accordingly, 10 subsistence minimums equaled 20,930 hryvnias. And it was this amount that actually limited the maximum amount of pension that a military pensioner could receive in Ukraine before the above-mentioned decision was adopted by the Constitutional Court of Ukraine.

Receiving a pension of less than UAH 20,930 is a violation of your rights!

However, if you still receive pension payments in the amount of 20,930 hryvnias per month, this is a violation of your rights.

To protect your rights to a decent pension, contact the team of experienced lawyers - "Prikhodko&Partners". We will help to understand your situation as quickly as possible and defend your interests in court. Thanks to the experience of working with similar cases, we know all the nuances of pension legislation and guarantee a positive result - you will definitely achieve a fair amount of pension payments. Ask for a consultation today! Together we will defend your rights!

Calculate the price of assistance:

1 question

Have other lawyers handled your case?

Yes
No

2 question

Are you in Kyiv or Kyiv region?

Yes
No

3 question

Do you need legal assistance urgently?

Yes
No
20%
discount
If we do not
call back
during the day
Consultation
Law Company
Leave a request for legal assistance right now:
The best lawyers
Fair price
We work quickly
Online / offline consultation