The maximum amount of pension for military personnel

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The maximum amount of pension for military personnel

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The protection and social support of military personnel who have devoted their lives to the service and defense of the Motherland, risking their own health and even their lives, is one of the priority duties of the state. One of the key areas of such social protection is pension provision for former military personnel. It is the appropriate level of pensions that allows them to live decently after leaving the service, without worrying about financial hardship.

Limitation of the maximum amount of military servicemen's pensions

The legislation establishes the maximum amount of pensions that a retired serviceman can receive. This applies to all types of pensions - retirement, disability or survivor's pensions.

 

The calculation of this maximum amount includes all possible allowances, increases, additional payments, indexation and other pension supplements provided for by current legislation. The only exception is the supplement to allowances for certain categories of persons with special services to the country - it is not taken into account when calculating the maximum amount.

Actually, the maximum amount of the pension cannot be greater than ten subsistence minimums established by the state for persons who have lost their ability to work. In this way, the state limits the maximum possible amount of pension payments.

Judicial practice and position

Initially, the courts approached the issue of limiting military pensions in different ways due to the lack of a unified position of the Supreme Court. The result depended only on the particular judge.

However, the situation changed after the decision of the Constitutional Court in 2016, which declared unconstitutional the limitation of pensions of military personnel. This eliminated legal uncertainty.

As a result, the district courts began to review previous decisions in favor of pensioners, and the Supreme Court confirmed the illegality of the restrictions in its conclusions.
Therefore, now any attempts of the Pension Fund to limit military pensions are illegal, because they contradict the Constitution and the legal conclusions of higher courts.

How is it possible to remove restrictions on the maximum amount of the pension?

Today, it is possible to get rid of the illegal limitation of the pension of military personnel only through the court, challenging the actions of the Pension Fund.

In order for the court to satisfy the claim for recalculation, there must be a confirmed limitation of a specific pensioner. Otherwise, there is a risk of being refused due to the lack of infringement at this time.

In fact, you have to go to court twice. First - to oblige the Pension Fund to transfer the pension based on the updated certificate or other changes. When the pension should exceed the limit after that, it is necessary to apply again to remove the illegal restriction.

Unfortunately, judges formally approach this issue, believing that the restriction will occur only in the future. Such actions contradict the principle of the rule of law.

Legal assistance

Contacting the specialists of the law firm "Prikhodko&Partners" significantly increases the chances of successfully defending the right of a military pensioner to a decent amount of pension without illegal restrictions.

 

A qualified attorney can take the following steps:

  • Provide detailed advice on the rights and possible ways to protect the interests of the pensioner.
  • Prepare a substantiated claim, taking into account all the intricacies of the legislation and the legal positions of the courts.
  • Collect and submit the necessary evidence.
  • Represent interests in court, competently defending your rights.
  • File an appeal in the event of an appeal against an unlawful court decision.
  • Get a fair and legal decision in your case.

Our lawyers have extensive experience in defending the pension rights of military personnel. With us, you can be sure of a successful outcome. To get advice or help in pension matters - fill out the form on our website and our lawyer will contact you.

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