MILITARY PENSION: CALCULATION THROUGH THE COURT

Oleg Petrovych, a military pensioner, turned to our company for legal assistance in transferring his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From November 18, 2015 to 2018, Oleg Petrovych was assigned and calculated a pension for 29 years of service, in the amount of 77% of the corresponding financial support.

Until 2018, Oleg Petrovych was awarded a pension based on the following components of financial support for pension calculation:

official salary, salary for a military rank, allowance for years of service and additional types of financial support.

In 2018, the main administration of the Pension Fund of Ukraine in the Odesa region recalculated Oleg Petrovych's pension on the basis of the Certificate on the amount of monetary support for the recalculation of pensions as of 03/01/2018, issued in accordance with the Resolution of the CMU dated 03/23/2018 № 103 "On recalculation of pensions to persons who dismissed from military service, and some other categories of persons" and did not take into account additional types of financial support when calculating the pension. In addition, the pension fund began to calculate a pension based on 70% of the financial support.

At the request of the "Prikhodko&Partners" Law Office, the authorized body prepared and sent to the pension fund an updated certificate on the amount of monetary support for pension transfer as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to transfer the pension, which is why we had to go to court.

On November 25, 2022, the Odesa District Administrative Court in case № 420/5786/22 satisfied the lawsuit and ordered the Main Department of the Pension Fund of Ukraine in the Odesa region to recalculate the pension of Oleh Petrovych from April 1, 2019, based on the updated certificate on the amount of financial support based on 77% basic pension amount.

As of April 1, 2019, the Pension Fund recalculated the pension and started calculating the increased pension. Our client's pension before the recalculation was UAH 7,997, after the recalculation it is UAH 16,395.

During all the years of such non-remittance, a debt in the amount of UAH 287,479 was formed.

As we can see, Oleh Petrovych's pension has been increased more than twice. Therefore, we advise you not to waste your time and seek help from lawyers who specialize in recalculating military pensions.