Фото: RETURN OF MILITARY PENSIONS 2021

"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

Reading time: 4 min.

 A very painful issue in the Ukrainian reality is the issue of appointment, accrual and recalculation of military pensions. The state is constantly trying to reduce the cost of pensions for military retirees by changing the mechanism for calculating cash benefits, changing the procedure for calculating military pensions. The question arises: can a pensioner protect his constitutionally guaranteed right to a pension?

 Judicial practice of transferring pensions to servicemen unambiguously answers this question. A large number of court decisions where military retirees award pensions.

  Is it possible to transfer military pensions without going to court?

Unfortunately no. The practice of appealing to pensioners to the Pension Fund of Ukraine shows that the recalculation of pensions for servicemen can be done only by court decision!

 Consider the mechanism of how you can recalculate the pension of servicemen.

 Additional types of cash security and the listed military pension: algorithm of actions

 This mechanism for transferring military pensions applies to additional types of cash benefits for servicemen.

 The procedure for recalculation of military pensions, approved by the Cabinet of Ministers of February 13, 2008 № 45, provided that when recalculating pensions for servicemen, the salary, salary for military (special) rank, interest allowance for years of service and additional types of cash benefits are used. In accordance with this procedure, the authorized body (military registration and enlistment office, SBU and others) prepares certificates of financial support for servicemen and sends them to the relevant GU of the Pension Fund of Ukraine (hereinafter - PFU). The Resolution of the Cabinet of Ministers of February 21, 2018 №103 amended the Resolution of the Cabinet of Ministers № 45, in connection with which, when recalculating the pensions of servicemen, additional types of cash benefits no longer had to be taken into account. This resolution significantly reduced the amount of cash benefits for military retirees.

 However, the above-mentioned changes in the form of the certificate on recalculation of pensions for servicemen were recognized by the decision of the District Administrative Court in Kyiv as illegal and canceled. This decision came into force on March 5, 2020.

 Despite the repeal of the Resolution of the Cabinet of Ministers of Ukraine №103, the authorized bodies did not start issuing these certificates voluntarily in order to issue a certificate on the amount of cash security for pension recalculation. Therefore, it is necessary to apply to the court to oblige the authorized body to issue this certificate and send it to the PFC.

 Sending an application to the pension fund for the recalculation of pensions for servicemen also remains without result. Refusing to recalculate the pension on the basis of a new certificate of the amount of cash benefits, the PFC notes that it can recalculate only in the manner prescribed by the resolution of the Cabinet of Ministers, and no changes were made to this resolution. Therefore, it is again necessary to apply to the court to oblige the PFC to recalculate the military pension on the basis of a new certificate.

 Thus, as we see, in practice, the recalculation of pensions for servicemen can be done only by court decision.

 An exemplary case on the recalculation of pensions for servicemen is the case of the District Administrative Court of Kyiv №640/6478/20. The court ordered the city military commissariat to issue a new certificate of the amount of cash security, which contains additional types of cash security.

 Thus, the amount of cash security for a military pensioner before and after a court decision differs twice. The amount of financial support for the serviceman was doubled.

 In addition to the above, the PFC illegally reduces the maximum pension from 90 % to 70 % when recalculating military pensions. Thus, in particular, PFU, recalculating the pension in 2018, automatically reduced the maximum pension for all pensioners to 70 %. Unfortunately, the recalculation of the pension in this case is possible only by going to court with a statement of claim.

 If you know that your military pension has been illegally reduced and you want to recalculate it, then contact us! Prikhodko & Partners Law Firm will be happy to help you transfer 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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