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The situation when a pensioner has to sue the Pension Fund, defending his justified and legal amount of pension, is quite common. Ideally, this should not be the case, but we can only state the reality by choosing the format of our legal response to certain actions or inactions of officials of relevant state bodies. So the cases when pensioners file lawsuits against the PF are frequent, and the cases themselves are successful. This is evidenced, among other things, by the long-term practice of the Prikhodko&Partners law firm team. We are regularly contacted by clients with requests for representation of interests in court when they need to defend the right to the recalculation of a pension provided for by law.
What are the common disputes regarding pension transfer?
According to our experience, some common client requests for pension transfer can be grouped into the following groups:
- cases related to military pensions and pensions of law enforcement agencies;
- cases related to civil pensions
- cases related to pensions of civil servants.
It is worth touching on each of these topics in more detail.
As for the first group, it is worth mentioning such a normative legal act as the Law “On pension provision of persons released from military service and certain other persons”. Military pensioners usually turn to us in cases where the PF refuses:
- recalculate the pension, taking the data from the updated certificate of financial support as the basis for it;
- to transfer the pension exactly in the appropriate percentage ratio, in which it is required by the norms of the current legislation;
- not to limit the maximum amount of the pension.
By the way, the third of the mentioned cases is also quite common. Therefore, it is important to know that limiting the maximum amount of the pension in the way that the PF does is often a violation of the law. If you have encountered such a situation and want to know what are the possibilities of its legal solution, you can order a consultation from the lawyers of the Prikhodko&Partners law firm. We will analyze the prospects specifically in your case and guide you in what is the optimal strategy for defending your rights and interests.
As for the problems with the transfer of civil pensions, it usually refers to a refusal due to the failure to take into account seniority or a certificate confirming the amount of the salary. But, at the same time, other reasons are also possible.
The spectrum of cases and situations with which we are approached is very wide. And in every client story, we work for the result to ensure a constructive solution to the problem.
What you should know about legal regulations?
Regarding the norms of the current legislation, which regulates this issue, it is worth noting:
- P. 3 and 4 part 1 of Art. 5 and Part 2 of Art. 5 CASHIER. These norms of the Code of Administrative Procedure of Ukraine refer to the right of citizens to apply to the court. Legal protection is one of the ways to defend one’s rights and legitimate interests.
- Art. 129-1 of the Constitution of Ukraine and Art. 370 CASH. The Basic Law of the State guarantees that court decisions in Ukraine are binding. The profile codified legal act also supports this in detail.
If there is already a positive court decision, but the PF is delaying its implementation, then high-quality legal support is simply necessary. The lawyer has the right to submit a corresponding request to the Pension Fund authorities to find out about the results of the implementation of the decision. When officials face such completely legal pressure in the legal field, they start to act much faster. And the pensioner finally gets what he stood for.