Petro Romanovich, 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 01.01.2007 to 2018, Petro Romanovych was granted and calculated a pension for years of service, which is 27 years, in the amount of 71% of the relevant cash security.
Until 2018, Petro Romanovych was accrued a pension based on the following components of cash benefits for calculating the pension:
- salary for military rank;
- allowances for years of service;
- additional types of cash benefits.
The Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region in 2018 recalculated the pension of Peter Romanovich on the basis of the Certificate of the amount of cash 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.
04.03.2021 Dnipropetrovsk District Administrative Court in the case № 160/22685/21 upheld the claim and ordered the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk region to recalculate the pension of Peter Romanovich from 01.04.2019 on the basis of an updated certificate of the amount of cash security based on 71% the basic size of the 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 7,986, after the recalculation it is UAH 16,876. For all years of such non-recalculation the debt in the amount of UAH 203,457 was formed.
As we can see, Petro Romanovich’s pension has more than doubled. Therefore, we advise you not to waste time, and seek the help of lawyers who specialize in the recalculation of military pensions.