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Chernikov Dmitry

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

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RETURN OF MILITARY PENSION. ANOTHER VICTORY OF JSC “PRIKHODKO&PARTNERS”

Volodymyr Yuriyovych, a military pensioner, applied to our company for legal assistance in recalculating his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From May 23, 2007 to 2018, Volodymyr Yuriyovych was granted and calculated a pension for years of service, which is 28 years, in the amount of 74 % of the relevant cash security.

Until 2018, the Plaintiff was accrued a pension based on the following components of cash security for the calculation of pension:

  • salary;
  • salary for military rank;
  • allowances for years of service;
  • additional types of cash security.

The Main Department of the Pension Fund of Ukraine in Kyiv region in 2018 recalculated the pension of Volodymyr Yuriyovych on the basis of the Certificate on the amount of cash security for recalculation of pensions as of 01.03.2018, issued in accordance with the Cabinet of Ministers of 23.03.2018 № 103 “On recalculation of pensions discharged from military service, and some other categories of persons” and did not take into account additional types of cash security when calculating pensions. In particular, the pension fund began to accrue a pension based on 70% of cash benefits.

At the request of Prikhodko & Partners Law Firm, the authorized body prepared and sent to the pension fund an updated certificate on the amount of cash support for pension recalculation as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to recalculate the pension, so we had to go to court.

16.01.2021 The District Administrative Court of Kyiv in the case № 640/23663/21 upheld the claim and ordered the Main Department of the Pension Fund of Ukraine in Kyiv region to recalculate the pension of Volodymyr Yuriyovych from 01.04.2019 on the basis of an updated certificate of cash based on 74 % of the basic amount of pension.

From April 1, 2019, the Pension Fund recalculated the pension and began to accrue an increased pension. Our client’s pension before the recalculation was UAH 9,657, after the recalculation it is UAH 19,340. For all years of such non-recalculation the debt in the amount of 309 889 UAH was formed. (reference to the court decision is attached).

As we can see, Volodymyr Yuriyovych’s pension has been doubled. Therefore, we advise you not to waste time, seek the help of lawyers who specialize in the recalculation of military pensions.

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