SUCCESSFUL MILITARY PENSION CALCULATION

Viktor Mykhailovych turned to "Prikhodko&Partners" Law Office for help in recalculating the military pension. The pensioner was released from military service from the structures of the Ministry of Defense of Ukraine.

Until 2018, the Claimant was entitled to 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.

On 06/24/2020, the decision of the Supreme Court of 12/17/2019 entered into force in exemplary case № 160/8324/19, where the court indicated the following:

"Thus, from 05.03.2019 - from the date of entry into force of the court decision in case № 826/3858/18, there were grounds for recalculating the pensions assigned in accordance with Law № 2262-ХІ, taking into account the amount of official salary, military (special) salary rank and percentage bonus for years of service, as well as additional types of cash support, since PERSON_1 has the right to receive a pension from this date, based on the amount of components calculated in accordance with Resolution No. 704 in accordance with the requirements of Articles 43 and 63 of Law № 2262-ХІ and Article 9 of Law № 2011-XII".

Based on this, Viktor Mykhailovych turned to the Poltava Regional Territorial Center for Staffing and Social Support with a request to prepare and submit to the State University of PFU in the Poltava Region a certificate on the amount of financial support dated 03.05.2019 indicating the monthly additional types of financial support, in accordance with the conclusions of the Supreme Court, set out based on the results of consideration of exemplary case № 160/8324/19.

The Poltava Regional Territorial Center for Staffing and Social Support has prepared a certificate on the amount of financial support as of 03.05.2019 from 03.10.2021 № FP522270/7.362

The pensioner sent an application to the Pension Fund with a request to transfer from the old-age pension calculated in accordance with the law "On Mandatory State Pension Insurance" to a military pension on the basis of the certificate on the amount of financial support as of 03.05.2019 from 03.10.2021 № FP522270/ 7362.

However, the Main Directorate of the Pension Fund of Ukraine in the Poltava region refused to recalculate the pension on the basis of the certificate issued by the Poltava OTCC and JV on the amount of financial support, taking into account additional types of financial support.

05.2022 № 440/149/21 of V.M., a recalculation of the pension for years of service, which is paid in accordance with the Law of Ukraine "On pension provision of persons released from military service and certain other persons" from 01.10.2021, was carried out and an additional payment was charged pension by court decision for the period from October 1, 2021 to May 31, 2022 in the amount of UAH 43,910.56.

The amount of the pension from July 1, 2022 will be UAH 10,654.13.

So, with the help of our company's lawyers, our client will receive a new transferred pension. Contact us and we will do our best to achieve the result!