Recalculation of the Ministry of Internal Affairs pension

According to Ukrainian law, namely the Law "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons", former employees of the Ukrainian internal affairs agencies (police) who are entitled to or already receive a pension in accordance with the terms of this Law must undergo a recalculation of their pensions. In other words, the amount of their pension payments is subject to review and adjustment in accordance with the established requirements. This applies to both those who have just acquired the right to a pension for years of service in the internal affairs agencies and those who are already pensioners under the Law.

Components for recalculation of the Ministry of Internal Affairs pension

When recalculating pensions of former law enforcement officers (former militia, current police), all the same components of their remuneration are taken into account as those currently received by current police officers. In particular, the following are taken into account:

• Basic salary - base salaries and salaries for special ranks.
• Monthly additional payments - allowances, surcharges, salary increases depending on position, length of service, qualifications, etc.
• Bonuses in the same amount as for current law enforcement officers, in accordance with the current legislation.

Thus, all monetary payments that currently constitute the remuneration of current police officers are taken into account when recalculating the pensions of their former colleagues. This makes it possible to bring pension payments of former police officers in line with the current level of remuneration in the internal affairs agencies.

Another review in 2019

On December 1, 2019, the Law on Pensions for Persons Discharged from Military Service and for Certain Other Categories, including Former Employees of the Ministry of Internal Affairs, was revised again. This law allowed for an increase in payments by revising them to reflect the new conditions of financial support for current law enforcement officers.

Algorithm of actions for recalculation of the Ministry of Internal Affairs pension

• First, you need to contact the authorized body with a request to draw up an updated certificate of remuneration as of 19.11.2019. This certificate is mandatory for review.
• If the authorized body fails to issue such a certificate, it is necessary to appeal against its inaction in accordance with the established procedure.
• After receiving the certificate, it must be sent to the Pension Fund of Ukraine in the relevant region. Together with the certificate, you must submit an application for pension revision from December 1, 2019, based on the submitted certificate.
• If the Pension Fund refuses to conduct an inspection, this unlawful inaction must be appealed in court.

That is, you first need to obtain an up-to-date certificate of monetary compensation from the authorized body. Then, with this certificate, apply to the Pension Fund with an application for a pension review under the new law. In case of refusal at any time, it is necessary to appeal against illegal actions or inaction in court.

Difficulties in revising pensions

In practice, former law enforcement officers face bureaucratic obstacles and refusals from both the authorized bodies and the Pension Fund when they seek to review their pensions. Despite the legal grounds for review, this process is also complicated by ambiguous interpretation of the law by different authorities and their reluctance to conduct massive reviews. For this reason, the assistance of a qualified lawyer is essential to effectively assert one's right to a pension review with a significant increase.

Legal support for the recalculation of pensions for veterans of the Ministry of Internal Affairs

Contacting the experienced lawyers of Prikhodko & Partners will make it much easier to defend your legal rights in court. Qualified attorneys have a thorough understanding of the issue and have a successful track record of victories in similar cases. They will help you properly prepare a statement of claim, substantiate your claims and professionally represent your interests in court.