Refusal to grant a pension on preferential terms

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law.

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Refusal to grant a pension on preferential terms

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Pension on preferential terms is a common category of questions with which clients turn to the "Prikhodko&Partners" law office. If we conditionally divide all such appeals into two large groups, then they will be:

  • "civilian" pensions and, accordingly, refusals of the Pension Fund on these issues;
  • "military" pensions and refusals of bodies authorized to process the submission and forwarding of documents to the PFU, so that a pension can be granted on preferential terms.

So let's take a closer look at each of these categories. And we will also talk about how the services of our team will be useful.

 

"Civil" pensions

The appointment of a pension by age or length of service on preferential terms is significantly different from the procedure for the appointment of a pension on general grounds. This is due to the fact that factors affecting the formation of benefits are taken into account here. It is about reducing:

  • the length of service required for the appointment of a pension;
  • age;
  • both of these indicators.

Regarding the legal norms that regulate this issue, they can be found in List №1 - Clause 1 of Part 2 of Article 114 of the Law of Ukraine "On Mandatory Pension Insurance". There is also List №2 - item 2 of the mentioned article. It is in these two lists that you can see the list of cases where a reduction of the length of service and age required to receive a preferential pension is foreseen.

When it comes to so-called civil pensions, the Pension Fund often refuses to grant them on preferential terms, citing the following reasons:

  • the fact that the person has not reached retirement age at the time of application;
  • the fact that there is a break between certifications of workplaces according to working conditions;
  • the fact that there is no attestation of workplaces according to the mentioned criterion.

Employees of the PF can also appeal to the absence of clarifying certificates.

"Military" pensions

If we talk about the regulatory legal framework that regulates this issue, then we are primarily talking about Cabinet Resolution №393 of July 17, 1992. It specifies all the key aspects that regulate the assignment of pensions for military personnel on preferential terms.

The issue of so-called military pensions is connected in practice with many complications. A pensioner is often forced to litigate with the authorized body regarding the application for the assignment of a pension to the PFU, and also with the Pension Fund itself. Therefore, high-quality legal assistance becomes extremely important.

Why should you contact us?

Military law is one of the basic areas of specialization of the "Prikhodko&Partners" law firm team. Our lawyers act as follows:

  • analyze available documents;
  • if necessary, submit clarifying legal requests to the authorized bodies;
  • try to resolve the issue in a pre-trial procedure;
  • if the previous actions did not bring results, they provide full legal support in court.

 

So, this is exactly the sequence of our work in such requests. We understand well such categories of cases - both in the military category and in the issue of civilian pensions. Unfortunately, practice shows that the Pension Fund, which should take care of the rights of pensioners, often becomes the first entity that violates them. However, such cases are win-win, so you can be sure that we will work for the result in order to really help you efficiently and effectively.

To receive advice or help from a lawyer on pension matters - fill out the form on our website and our lawyer will contact you shortly.

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