Military service for retirement

Pensions for military personnel are a topic that is relevant to many people. So if you are looking for quality legal assistance in this matter, the team of the law firm "Prіkhodko&Partners" is ready to offer its services. For us, military law is one of the main areas of specialization, so we work in this area regularly and know the features of its regulation - both in the legislative field and in the practical implementation of legal norms. We suggest learning more about military service for pensions.

What pensions can military personnel receive?

Military pensioners, according to the norms of current legislation, can receive different types of pensions, depending on the grounds for its appointment, relevant in a specific situation. This can be:

1. long service pension;
2. disability pension;
3. pension in case of loss of breadwinner;
4. old-age pension.

There are cases when one person has grounds for different types of pension from the list listed. In such a situation, one type of pension will be assigned, which he can choose himself.

When does the right to a pension for long service arise?

Articles 12 and 18 of Law № 2262 “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” determine the requirements for years of service for the assignment of a military pension. If a serviceman is 45 years of age or older and has 20 years of service, he has the right to a pension for long service.

It is also important to know about the concept of preferential service - for example, this applies to the performance of tasks in a combat zone, where one month is counted as three. The issue of preferential service is regulated in detail by the norms of current legislation, which specify various situations. So if you are interested in how your service will be credited in your case, it would be appropriate to seek legal support from a specialist specializing in military law. This will provide an opportunity to analyze the circumstances of your specific case and understand the available prospects.

What is important to know about mixed experience?

A person may be entitled to a military pension not only in cases where he or she has served in the Armed Forces, National Police, State Emergency Service or other structures mentioned in the aforementioned Law № 2262. The right to such a pension also exists when a pensioner has mixed experience - that is, part of his or her experience is military service, and part is earned in civilian work. But in this case, the requirements for the total experience will be higher. The pensioner must:

• reach the age of 45;
• have an insurance experience of 25 years in total;
• have at least 12 full calendar years and 6 months of military service within this experience.

It is only if these conditions are met that there is reason to expect to be assigned a so-called military pension.

How is the pension calculated?

The pension for long service can be established in the following maximum amount:

• up to 70 percent of the cash benefit - as a general rule;
• 100 percent of the pension - if, during service, the serviceman participated in the liquidation of the consequences of the Chernobyl NPP and, in accordance with the norms of current legislation, is classified as category 1;
• 95 percent of the pension - if the serviceman is classified as category 2 of liquidators of the consequences of the Chernobyl NPP accident.

If you are interested in what the size of the pension will be in your case, our specialists will help with the calculations during the consultation.

What problems do servicemen often face?

When servicemen interact with representatives of the Pension Fund regarding the assignment or recalculation of a pension, they often encounter a number of artificially created problems. This may include failure to properly credit preferential service, limiting the maximum pension amount, failure to take into account all additional types of cash benefits when recalculating the pension based on updated certificates. Only the most common problems are mentioned here, although in practice there are much more.

If you need professional legal support when interacting with the Pension Fund, our team of specialists is ready to provide you with the following services:

• consultative support that will help you better understand the prospects and the correct further algorithms of action;
• legal support (for example, in collecting all necessary documents and communicating with Pension Fund officials);
• representation of interests in court.

The last of these points is worth dwelling on in more detail. As practice shows, it is often not possible to resolve important issues directly in communication with the Pension Fund, because representatives of this state body in many cases act contrary to the requirements of the legislation, as well as the practice of the Constitutional and Supreme Courts.

In view of this, it is necessary to apply to the administrative court to defend the rights and legitimate interests of the pensioner. However, such lawsuits are massive, and the cases are winning in the vast majority of cases.

So if you need help with these issues, fill out the feedback form on our website, after which a lawyer will call you back for an initial consultation.