Фото: RETURN OF MILITARY PENSIONS 2021. INCREASE IN MILITARY PENSION FROM 70 TO 90%

"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. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

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RETURN OF MILITARY PENSIONS 2021. INCREASE IN MILITARY PENSION FROM 70 TO 90%

Reading time: 3 min.

 In Ukraine, even military retirees are constantly at the forefront. The state is constantly trying to reduce pensions for servicemen. Numerous appeals of pensioners to the Pension Fund of Ukraine for recalculation of pensions in accordance with current legislation, the latter constantly refuses. Therefore, pensioners have only one way to protect their rights - to recalculate their pensions in court.

 Today we will talk about the recalculation of military pensions from 70 to 90 %. Every pensioner wonders whether it is realistic to recalculate the pensions of Ukrainian servicemen in 2021. Unequivocally, the answer to this question is yes.

 Consider, for example, how pensions can be recalculated for military retirees in Ukraine.

 Serhiy Mykolayovych, a military pensioner, turned to the law firm Prikhodko & Partners for advice. We offered to help him recalculate his pension by increasing the basic pension from 70 to 90 %. Serhiy Mykolayovych was granted a pension in 1997. Based on years of service - 31 years, the amount of pension was set at 90% of the amount of cash benefits. However, on the basis of the Resolution of the Cabinet of Ministers of Ukraine №103 in 2018, the recalculation of military pensions was carried out. The Pension Fund transferred a pension to Serhiy Mykolayovych from January 1, 2018, based on the basic amount of the pension 70 % of the cash security.

 Given the fact that the maximum amount of military pensions at the time of awarding a pension to Sergei Nikolaevich, in accordance with Art. 13 of the Law "On pensions of persons discharged from military service and some other persons" accounted for 90 % of the cash benefits of pensioners, and the Pension Fund in 2018 recalculated pensions for servicemen based on amendments to the above law, where the maximum pension of military was reduced to 70%, the recalculation of Serhiy Mykolayovych's pension based on 70 % of the cash security is illegal.

 In order to transfer the pension, we suggested that Serhiy Mykolayovych apply to the district administrative court with a statement of claim declaring illegal the actions of the Main Department of the Pension Fund of Ukraine in Kyiv region to reduce the basic pension from 90% to 70% of the amount of cash security and oblige pension fund to transfer and pay a pension of 90% of cash benefits.

 Judicial practice in this matter is unambiguous. The courts recognize the actions of the pension fund regarding the recalculation of military pensions in 2018 based on 70% of the cash security, illegal. At the same time, a pensioner has the right to receive compensation for unpaid pensions starting in 2018.

Thus, as a result of the lawsuit, Serhiy Mykolayovych's pension is increased by 20 %, which is a good increase to his pension.

 We have considered only one option how to increase the pension of military retirees. In addition to this method, you can increase your pension by including in the cash benefits of a military retiree additional types of cash benefits, which on average increases the pension by 30-50 %.

 If you want to recalculate your pension, contact the law firm "Prikhodko and Partners". We will help you increase your pension!

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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. Entered the TOP-100 lawyers of Ukraine for 2023 and the TOP-10 lawyers in military law.

Contact now
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