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Chernikov Dmitry

Specializes in criminal, civil and administrative law, recalculation of military pensions

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Military pensioner Anatoly Petrovich turned to our company for legal assistance in recalculating the pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From 05/15/1995 to 2018, Anatoly Petrovich was assigned and calculated a seniority pension, which is 35 years, in the amount of 90% of the corresponding monetary allowance.

Until 2018, the Claimant was accrued a pension based on the following components of monetary allowance for calculating the pension: official salary, salary for military rank, seniority allowance and additional types of monetary allowance.

In 2018, the Main Directorate of the Pension Fund of Ukraine in Kiev made a recalculation of the pension Anatoly Petrovich on the basis of the Certificate on the amount of monetary allowance for the recalculation of pensions as of 03/01/2018 issued by the Military Unit A0515 in accordance with the Resolution of the Cabinet of Ministers of 03/23/2018 of pensions to persons, dismissed from military service, and some other categories of persons ”and did not take into account additional types of monetary allowances when calculating pensions. Among them, the pension fund began to calculate the pension based on 70% of the monetary allowance.

At the request of the Prikhodko & Partners Law Office, the authorized body prepared and sent to the pension fund an updated certificate of the amount of monetary allowance for recalculating the pension as of 03/05/2019, taking into account all allowances, additional payments and bonuses. However, the Pension Fund of Ukraine refused to recalculate the pension, in connection with which we had to go to court.

04/19/2021 The Kiev District Administrative Court in case № 640/6113/21 satisfied the claim and ordered the Main Directorate of the Pension Fund of Ukraine in Kiev to recalculate Anatoly Petrovich’s pension from 04/01/2019 on the basis of an updated certificate of 90% of the basic pension.

From 04/01/2019, the Pension Fund recalculated the pension and began calculating the increased pension. Our client’s pension in recalculation was UAH 7549, after recalculation it is UAH 18,540. For all the years of such non-recalculation, a debt in the amount of UAH 307,915 was formed. (a link is attached to the court’s decision and the PFU’s response, which indicates the recalculation of Anatoly Petrovich’s pension).

As we can see, Anatoly Petrovich’s pension has almost doubled. Therefore, we advise you not to waste your time, seek help from lawyers who specifically specialize in recalculating military pensions.

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