Petro Oleksandrovych, a military pensioner, applied to our company for legal assistance in recalculating his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From 01.01.2007 to 2018, Petro Oleksandrovych was granted and calculated a pension for years of service, which is 30 years, in the amount of 80% of the relevant cash security.
Until 2018, Petro Oleksandrovych was accrued a pension based on the following components of the cash security for calculating the pension:
- salary for military rank;
- seniority allowances;
- additional types of cash security.
In 2018, the Main Department of the Pension Fund of Ukraine in Zhytomyr Oblast recalculated Petro Oleksandrovych’s pension on the basis of the Certificate on the amount of cash security for recalculation of pensions as of March 1, 2018, issued in accordance with the Cabinet of Ministers Resolution of March 23, 2018 “On the recalculation of pensions for persons discharged from military service and certain other categories of persons” and did not take into account additional types of cash security when calculating pensions. In particular, the pension fund began to accrue a pension based on 70% of cash benefits.
At the request of the Prikhodko & Partners Law Firm, the authorized body prepared and sent to the pension fund an updated certificate on the amount of cash support for pension recalculation as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to recalculate the pension, so we had to go to court.
08/02/2021 Zhytomyr District Administrative Court in the case № 320/28435/21 upheld the claim and ordered the Main Department of the Pension Fund of Ukraine in Zhytomyr region to recalculate the pension of Peter Alexandrovich from 04/01/2019 on the basis of an updated certificate of the amount of cash security based on 80% the basic size of the pension.
From April 1, 2019, the Pension Fund recalculated the pension and began to accrue an increased pension. Our client’s pension before the recalculation was UAH 6,798, after the recalculation it is UAH 15,525. For all years of such non-recalculation the debt in the amount of UAH 245,543 was formed.
As we can see, Petro Alexandrovich’s pension has more than doubled. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.