REDUCTION OF PENSIONS FOR MILITARY SERVANTS BY COURT DECISION

Military pensioner Oleksandr Ivanovych turned to our company for legal assistance in transferring his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From 11.03.2006 to 2018, Oleksandr Ivanovych was assigned and calculated a pension for 30 years of service in the amount of 80% of the corresponding financial support.

It should be noted that the recalculation of pensions for military personnel and pensioners of law enforcement agencies is one of the key areas of our company.

Until 2018, Oleksandr Ivanovych received a pension based on the following components of financial support for pension calculation:

• official salary;
• salary for a military rank;
• seniority allowance;
• additional types of financial support.

In 2018, the main administration of the Pension Fund of Ukraine in the Dnipropetrovsk region recalculated Oleksandr Ivanovich's pension on the basis of the Certificate on the amount of monetary support for the recalculation of pensions as of 03/01/2018, issued in accordance with the Resolution of the CMU dated 03/23/2018 № 103 "On recalculation of pensions to persons who dismissed from military service, and some other categories of persons" and did not take into account additional types of financial support when calculating the pension. In addition, the pension fund began to calculate a pension based on 70% of the financial support.

At the request of the "Prikhodko&Partners" Law Office, the authorized body prepared and sent to the pension fund an updated certificate on the amount of monetary support for pension transfer as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to transfer the pension, which is why we had to go to court.

On November 21, 2022, the Dnipropetrovsk District Administrative Court in case № 160/7625/22 satisfied the lawsuit and ordered the Main Directorate of the Pension Fund of Ukraine in the Dnipropetrovsk region to recalculate Oleksandr Ivanovich's pension from April 1, 2019, on the basis of the updated certificate on the amount of financial support based on 80% basic pension amount.

As of April 1, 2019, the Pension Fund recalculated the pension and started calculating the increased pension. Our client's pension before the recalculation was UAH 8,965, after the recalculation it is UAH 20,164. During all the years of such non-remittance, a debt in the amount of UAH 302,873 was formed.

As we can see, Oleksandr Ivanovich's pension has been increased more than twice. Therefore, we advise you not to waste your time and seek help from lawyers who specialize in recalculating military pensions.