When will the pension for military pensioners be increased?

Law № 2262 "On Pensions of Persons Discharged from Military Service and Certain Other Persons" regulates the issue of pensions for military servicemen. The topic of so-called military pensions was still in demand in legal practice. And today it has become even more relevant in connection with the martial law. Therefore, lawyers who specialize in military law are often asked for advice on retirement and transfer of pension to ex-servicemen. By the way, such specialists work at the Prikhodko & Partners law office, since military law is one of our specialties.

What do you need to know about pension and living wage?

It should be noted that since March 2024, in connection with the change in the subsistence minimum for disabled persons, pension payments, which were limited to ten subsistence minimums, have changed in size. Now it is not 20,930, but 23,610 hryvnias. However, if you have the fact of accrual of a pension of more than 23,610 hryvnias, confirmed by appropriate calculations, the due amount can be defended in court.

It is worth touching on in more detail why the prospects of receiving a larger pension are positive. Court practice, based on the decisions of the Constitutional Court of Ukraine, shows that such cases are successful. KSU clearly testified:

limiting the maximum amount of the pension contradicts the very essence of social security from the state, the basic principles of which are enshrined in the Constitution.

The Supreme Court of Ukraine also, in its turn, protects the rights of pensioners - further we will consider an example of one demonstrative case. And the practice of the lawyers of the Prikhodko & Partners law firm also confirms that it is quite possible to defend the rights and legitimate interests of clients in such cases.

What indexation is provided for military pensions?

Annual pension indexation is provided for former military personnel and policemen. As of today, the military has an indexed pension for 2022, 2023, 2024, but for the last 2 years, no more than UAH 1,500 is paid. Again, it is in the court procedure that there is an opportunity to defend the proper amount of the calculated indexation. Court practice on this issue is currently being developed.

If the pension is limited to the maximum amount, the indexation amount is credited to the pensioner, but it is not paid. So, in order to actually receive these funds, you need to sue.

Sample case № 380/19324/23

The mentioned case, which was considered by the Cassation Administrative Court of the Supreme Court of Ukraine, is related to the right of retired military personnel to receive an updated certificate of financial support as of 2020, 2021, 2022 and 2023 in accordance with the living standards established in these years.

The pensioner appealed to the court with the aim of having the appropriate amounts and all types of security that should be taken into account when calculating the pension be indicated in the financial security certificates. This case dealt, among other things, with special service allowances, salary for military rank, seniority allowances and bonuses.

The consideration of this case ended with the fact that the Supreme Court recognized the pensioner's claims as well-founded and satisfied them. This case opened a window of opportunity for those who, in similar situations, intend to defend their rights, because, as practice shows, the pension increases by 30-40% after that.

If you want to receive advice on the prospects of increasing the military pension in your particular case, please contact us. The team of the "Prikhodko & Partners" law office will advise and provide high-quality case support.