Updated information on the amount of financial support

Unfortunately, in the vast majority of cases, the interaction of a retired serviceman with the Pension Fund of Ukraine is not simple. Especially when it comes to recalculation of military pension. It is quite natural for a pensioner to seek to improve the conditions of his pension provision, if the law expressly provides for such a possibility. However, officials often create a whole series of artificial bureaucratic complications that prevent people from realizing their rights.

Demonstration case from court practice

It is worth noting the exemplary case accepted by the Supreme Court as part of the panel of judges of the Cassation Administrative Court dated 12.17.2019 No. 160/8324/19. It concerned the issuance of a certificate on the amount of financial support for the transfer of a serviceman's pension. This is not the only case that can be used in such matters. Case No. 826/12704/18 is no less significant. The basis of the appeal was identical, but the plaintiff there was not a military serviceman, but a retired former policeman.

So, certificates for such cases are issued as of 2019. They can be obtained without unnecessary obstacles from the structures from which pensioners were once released. However, having this certificate in hand, unfortunately, does not indicate that the PFU will take it into account. As already mentioned, in the vast majority of cases the Pension Fund is not on the side of the pensioner. Accordingly, there is a right to pension recalculation and a corresponding documentary basis, but all this is not taken into account.

What to do to change the situation

As practice shows, proving something to the Pension Fund is fruitless. Therefore, you need to go to court. And when the case is resolved in court, a military pensioner has a much better chance of achieving the result he needs and is directly provided for by current legislation.

The team of the Prykhodko and Partners law firm regularly provides legal support services in this category of cases. In 99.9% of cases, the outcome of the trial is positive. And this means that you will have a court decision that will oblige officials from the PFU to recalculate the pension.

Updated information on the amount of financial support

When we talk about the updated certificate, we mean that the calculations for it are carried out according to the updated living wage. This issue became relevant after the adoption by the Sixth Administrative Court of Appeal of the resolution dated 01.29.2020 in case No. 826/6453/18, which entered into force on 01.29.2020 and reinstated paragraph 4 of Resolution No. 704 of the CMU.

If we talk about it in more detail, since January 29, 2020, military personnel have been provided with the right to recalculate their pension taking into account the subsistence minimum, which is relevant in 2020-2023. At the same time, today's judicial practice is quite dynamic. This is evidenced by the decision of the Supreme Court No. 380/14933/22 dated 04.12.2023, which refers to the application of a 6-month term.

Why legal aid is important

When a person, having no legal knowledge, tries to defend himself on his own, he spends a lot of time and nerves on this. We have to deal with many norms of legislative and by-laws. This can be very difficult to do. Therefore, a significantly better solution would be to contact a team of specialists who specialize in legal support of such cases and know exactly which legal way to help their clients.

Such experts work at the law firm "Prykhodko and Partners". So apply and simplify your life. And you should not think that the behavior of representatives of the Pension Fund of Ukraine is the obstacle that will prevent you from resolving the situation in your favor. Our numerous clients have already received a positive result, defended their right and significantly increased the amount of their own pension.