The procedure for transferring pensions to civil servants

The subject of the transfer of pensions by a civil servant is one of the common client requests that the lawyers of the Prikhodko&Partners law firm work with. Recalculation of pensions, in principle, is a difficult and problematic issue, around which you can see a lot of speculation on the part of the Pension Fund. The law and judicial practice here are clearly on the side of the pensioner, but the officials themselves, on whom the decision on recalculation depends, are not. This leads to the fact that some people accept this state of affairs, while others decide to defend themselves in court. This is where the quality legal support we can provide comes in handy.

Why such cases need legal support?

The decision of the Constitutional Court of Ukraine in case № 3-132/2018(5462/17) dated December 23, 2022, № 3-r/2022, is sufficiently indicative of the issue we are considering. This document is quite extensive, so let's focus on the key points that can be highlighted. So, they are as follows:

The KSU recognized as unconstitutional the provision of the Law "On Civil Service" dated December 10, 2015 № 889-VIII, which made it impossible to recalculate pensions for individual civil servants. Therefore, after that, the pensioner's chances of proving his truth in court increased many times.

If we assess the constitutionality of subsection 1, paragraph 2 of Chapter XI "Final and Transitional Provisions" of Law № 889, the KSU noted that the regulation of the pension provision of civil servants, depending on the time of pension appointment, was carried out or will be carried out in accordance with normative acts (primarily, these are laws), according to the content of which the forms, conditions, types and grounds of pension provision of these categories of persons underwent changes.

From the day Law № 889 entered into force, the issue of pension provision of the subject who filed the complaint and other civil servants is regulated by Law № 1058.

At the same time, the right to assign a pension based on Art. 37 of Law № 3723 (as a special law) is reserved for the persons defined in Clauses 10 and 12 of Chapter XI "Final and Transitional Provisions" of Law № 889. At the same time, these persons were not granted the right to indexation, as well as recalculation of the amount of pensions, which was assigned to them.

In addition to all of the above, it is important to note that subsection 1, paragraph 2 of the section "Final and Transitional Provisions" of Law № 889 does not contain a reference to Art. 37-1 of Law № 3723. Thus, for the subject of the right to a constitutional complaint and other persons who are entitled to the appointment of a pension on the basis of Art. 37 of Law № 3723, made it impossible to recalculate pension amounts. This led to the fact that, depending on the time of the pension, there is a difference in its amount.

However, it is no less important to note that the decree, which is recognized as unconstitutional, will expire 3 months after martial law is lifted in Ukraine. Professional legal assistance in this matter is necessary for the client when he wants to understand his rights and prospects for resolving the situation.

How we will be useful for you?

Unfortunately, some norms of the current legislation are in conflict with each other, and even when everything is fine with the legal regulation, the PFU is not on the side of the pensioner. Therefore, a person needs high-quality legal support, as well as a detailed explanation of everything that was stated above, precisely in the context of his situation.

Even among lawyers, such cases should be accompanied by those who specialize in pension law, regularly monitor legislative updates and can professionally assess the prospects for the development of a specific case and build a high-quality strategy for representing the client's interests. Our team has such experts.