Statement of claim for recalculation of pension for police workers

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Chmona Alona

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Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.

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Statement of claim for recalculation of pension for police workers

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The recalculation of pensions for police officers is an important request that is often addressed to us by clients. Indeed, the team of the “Prikhodko&Partners” law office specializes, among other things, in issues related to pension law. We know well from the inside the problem when the Pension Fund refuses to properly transfer the pension. At the same time, we have an effective algorithm that helps our clients to effectively solve their problems. This algorithm was developed during long-term work, constant monitoring of legislative updates and improvement of the practice of representing client interests in interaction with state bodies and in court.

Statement of claim for recalculation of pension for police workers - judgmentWhat legislation regulates the recalculation of pensions for police officers?

Relevant in this case is the Resolution “On Recalculation of Pensions to Persons Discharged from Military Service and Certain Other Categories of Persons”. The document is dated February 21, 2018 and has number 103. Currently, items 1-3 are excluded from this Resolution.

 

Recalculation of pensions for senior and rank-and-file members of police bodies on the basis of paragraph 3 of the Resolution is carried out in accordance with the certificates on the amount of financial support. They are issued by the Ministry of Internal Affairs, and then they must be submitted to the PF.

Notable in this topic is the Decision of the District Administrative Court of the city of Kyiv dated May 14, 2019 in case № 826/12704/18. The pensioner filed a claim with the court, in particular, against the Cabinet of Ministers of Ukraine, in which he expressed his disagreement with paragraph 3 of Resolution № 103. The mentioned paragraph led to the fact that after the recalculation of the pension, the pensioner would not receive part of the pension due to him, that is, the amount of existing pensions would be reduced the rights of persons subject to the normative legal act. And such a narrowing of the scope of rights and freedoms, according to the current legislation, is not allowed. Therefore, the pensioner managed to defend himself.

Therefore, the cancellation of paragraph 3 was left unchanged by the decision of the Sixth Administrative Court of Appeal dated November 19, 2019. Therefore, from 19.11.2019, there were grounds for recalculating pensions.

Statement of claim for recalculation of pension for police workers - urb 9889 2

Statement of claim for recalculation of pension for police workers - audit test 1What is the procedure for recalculating pensions?

If we talk about the features of the calculation procedure, it is as follows:

  • First, you need to apply for the already mentioned certificate. Retired police officers dismissed from the service apply to the Ministry of Internal Affairs. And all other police officers apply to the “TMO of the Ministry of Internal Affairs of Ukraine in the relevant region”.
  • After that, the next step is the need to apply to the PFU. You need to write an application there to transfer your pension, taking into account the data of the certificate confirming the amount of the pension.
  • When you receive a refusal (which is a typical and common situation), it is appealed in an administrative court. Regarding the filing of a claim, the rules of territorial jurisdiction must be taken into account. The court fee is 0.4 % of what was established at the beginning of the year when the application is submitted. Some categories of persons are exempted from paying it. You can learn more about this at our consultations.

 

The team of the “Prikhodko&Partners” law office will provide you with high-quality support in cases related to the transfer of pensions for police officers. You should not miss the opportunity to receive a pension of the amount that is really guaranteed by the legislation, and not by representatives of the PF, who often act contrary to it.

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