RETURN OF MILITARY PENSIONS IN UKRAINE. 100% PENSIONS FROM 2018

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law.

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RETURN OF MILITARY PENSIONS IN UKRAINE. 100% PENSIONS FROM 2018

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 In the Ukrainian reality, every military pensioner faces resistance from the Pension Fund of Ukraine to recalculate his pension. Is it realistic to recalculate pensions for military retirees in Ukraine?

 The answer to this question is unequivocally yes. It is not only possible to recalculate pensions for military retirees, but it is also necessary to do so, as your pension will increase by 50% on average.

 The absence of the Law of Ukraine on the recalculation of pensions for military pensioners contributes to the constant abuse of the Pension Fund of Ukraine.

Consider in practice how to recalculate pensions for military retirees?

 In 2020, Oleh Vasyliovych, a military pensioner, applied to the law firm Prikhodko & Partners for legal advice on the possibility of transferring his pension. Oleg Vasyliovych The Pension Fund, transferring his pension, reduced the basic amount of pension from 90% to 70% and accrued a pension increase in stages (in 2018 - 50%, in 2019 - 75%, in 2020 - 100%). We offered Oleg Vasilyevich to increase the basic amount of pension from 70% to 90%, as well as to compensate the amount of unpaid pension for 2018 and 2019.

How to oblige the Pension Fund to accrue all 100% of the pension starting from 2018?

 Resolution of the Cabinet of Ministers № 103 of February 21, 2020 increased the pensions of military retirees. However, they had to be paid in the amount of - 50% from 2018, 75% from 2019, 100% from 2020. Thus, the rights of military retirees were significantly limited.

 However, the District Administrative Court of Kyiv in its decision in case № 826/3858/18, which entered into force on March 5, 2019, repealed the above provisions of the Resolution of the Cabinet of Ministers № 103. In this regard, the Pension Fund restricts the payment of military pensions in 2018 and 2019 was illegal.

 We offered Oleh Vasyliovych to apply to the court with a statement of claim to the Main Department of the Pension Fund of Ukraine in Kyiv region on the latter’s obligation to pay 100% of the pension increase to Oleh Vasyliovych starting from January 1, 2018, taking into account previous payments, immediately and in one amount.

 Thus, as we see, the recalculation of pensions for military retirees in Ukraine is realistic. However, in order to effectively represent your interests, turn to professionals.

 If you want to recalculate your pension, contact the law firm "Prikhodko and Partners". We will help you increase your pension!

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