Recalculation of pensions for veterans of the MIA

The Law of Ukraine "On Pensions for Persons Discharged from Military Service and Certain Other Persons" provides for the possibility of reviewing and adjusting pension payments for former law enforcement officers. This applies to both those who are already pensioners and those who have recently retired on the basis of length of service after leaving the ranks of the National Police of Ukraine (former militia). These categories of veterans have the right to use a legally defined mechanism to bring their pension payments in line with the current conditions of financial support for current police officers by reviewing and adjusting the amount of their pension.

The basis for recalculating the pension of the Ministry of Internal Affairs is a certificate as of 2019

Starting from December 1, 2019, veterans of law enforcement agencies were entitled to have their pensions recalculated to reflect the new salaries of current police officers. In order to initiate the procedure for such recalculation, it is necessary to obtain a special certificate from the authorized state body reflecting the amount of official salaries, allowances, surcharges and bonuses as of November 19, 2019. This certificate is the key document that serves as the basis for the recalculation of pension payments to MIA veterans.

Having received such a certificate, former police officers can initiate the process of reviewing and bringing their pensions in line with the current conditions of law enforcement financial support. The new pension amounts will be calculated based on current data on salaries, allowances and other payments to active police officers as of the end of 2019. This will bring veterans' pensions in line with the actual levels of salaries in the law enforcement agencies.

The procedure for reviewing pension payments

• To apply to the authorized body (e.g., the Ministry of Internal Affairs) with a request to issue a certificate on the amount of remuneration of active police officers as of November 19, 2019, including salaries, allowances, surcharges, etc.
• In case of refusal to appeal against the unlawful inaction of the authorized body in accordance with the procedure established by law - by appealing to higher authorities or going to court.
• After receiving the certificate, submit it together with a written application to the Pension Fund office at the place of residence with a request to recalculate the pension from December 1, 2019, on the basis of this довідки.
• If the Pension Fund unreasonably refuses to recalculate, challenge such an unlawful refusal in court by filing a lawsuit to oblige the Pension Fund to recalculate in accordance with the documents and legislation.

Important steps: obtain a certificate from the authorized body, submit it with an application to the Pension Fund, and in case of refusal, appeal the refusal in court. Following this procedure will help you defend your right to recalculation.

Difficulties in practice

Despite clear legislative provisions, in practice, veterans of the Ministry of Internal Affairs often have to overcome numerous obstacles to recalculate their pensions. Authorized bodies incorrectly interpret the rules and refuse to issue certificates. The Pension Fund also often ignores legitimate requests without proper justification. Therefore, the assistance of experienced lawyers is critical to successfully defend your rights.