MILITARY PENSIONERS DENY PENSIONS

Military pensioner Valentyn Andriyovych turned to our company for legal assistance in rescheduling his pension. The latter was dismissed from the structures of the Ministry of Defense of Ukraine. From 14.12.2005 to 2018, Valentyn Andriyovych was assigned and calculated a pension for 28 years of service in the amount of 74% of the corresponding financial support.

Until 2018, Valentyn Andriyovych received a pension based on the following components of financial support for pension calculation:

• official salary;
• salary for a military rank;
• seniority allowances;
• additional types of financial support.

In 2018, the main administration of the Pension Fund of Ukraine in the Zhytomyr region recalculated the pension of Valentyn Andriyovych on the basis of the Certificate on the amount of monetary support for the recalculation of pensions as of 03/01/2018, issued in accordance with the Resolution of the CMU dated 03/23/2018 № 103 "On recalculation of pensions to persons who dismissed from military service, and some other categories of persons" and did not take into account additional types of financial support when calculating the pension. In addition, the pension fund began to calculate a pension based on 70% of the financial support.

At the request of the "Prikhodko&Partners" Law Office, the authorized body prepared and sent to the pension fund an updated certificate on the amount of monetary support for pension transfer as of March 5, 2019, taking into account all allowances, surcharges and bonuses. However, the Pension Fund of Ukraine refused to transfer the pension, in connection with which we had to go to court.

02/03/2022 Zhytomyr District Administrative Court in case № 240/36222/21 satisfied the claim and ordered the Main Directorate of the Pension Fund of Ukraine in Zhytomyr Region to recalculate the pension of Valenty Andriyovych from 04/01/2019 based on the updated certificate on the amount of financial support based on 74% basic pension amount.

As of April 1, 2019, the Pension Fund recalculated the pension and began to calculate the increased pension. Our client's pension before the recalculation was UAH 9,678, after the recalculation it is UAH 19,134.

For all the years of such non-recalculation, a debt in the amount of UAH 258,296 was formed.

As we can see, the pension of Valentin Andreyovych has been increased more than twice. Therefore, we advise you not to waste time, and to seek help from lawyers who specialize in recalculating military pensions.