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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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APPOINTMENT OF MILITARY PENSIONS AND PENSIONS OF INTERIOR AFFAIRS BODIES ON PREFERRED CONDITIONS

LEGAL REGULATION

The general conditions and procedure for pension provision of persons who were in service, in particular in the internal affairs bodies of Ukraine, the police and other structures, are defined by the Law of Ukraine “On pension provision of persons discharged from military service and certain other persons” (hereinafter – Law № 2262 -XII).

In accordance with point “a” of Article 12 of Law № 2262-XII, a long-service pension is awarded:

  • officers, ensigns and midshipmen, conscripts and contract military servicemen, other persons specified in clauses “b”-“d”, “g” of Article 1-2 of this Law (except for the persons specified in Part 3 of Article 5 of this Law), regardless of age, if they are dismissed from service, in particular, from October 1, 2020 or after this date and have 25 calendar years or more of service on the day of dismissal.

It is worth noting that Article 17-1 of Law № 2262-XII defines that the procedure for calculating years of service and DETERMINING PREFERRED CONDITIONS for granting pensions to persons entitled to a pension under this Law shall be established by the Cabinet of Ministers of Ukraine.

That is, in fact, the Law contains a blanket norm, which gives the Cabinet of Ministers of Ukraine the right to establish the procedure for calculating years of service and determining preferential conditions for the appointment of a pension.

Resolution № 393 of the Cabinet of Ministers of Ukraine dated July 17, 1992 “On the procedure for calculating years of service, awarding and paying pensions and cash assistance to persons entitled to a pension in accordance with Law № 2262”, determines which types of service are counted as years of service, and what types of services and in what coefficients are counted on preferential terms.

WHO IS ENTITLED TO A PENSION ON FAVORABLE CONDITIONS?

The full list of persons entitled to pension under the terms of this Law is provided for in Article 12 of Law № 2262-XII, in particular:

  • senior and rank-and-file members of internal affairs bodies of Ukraine;
  • police;
  • persons from among the servicemen of the Armed Forces, other military formations, state security and internal affairs bodies of the former Union of the SSR, the National Guard, the Border Troops of Ukraine and others.

 

PENSION APPOINTMENT PROCEDURE

Issues regarding the submission and processing of documents for the assignment of pensions are regulated by the Procedure for the submission and processing of documents for the assignment (recalculation) of pensions in accordance with Law № 2262-XII (hereinafter – the Procedure), approved by the Resolution of the Board of the Pension Fund of Ukraine dated January 30, 2017 № 3-1.

Paragraphs 1 and 12 of the mentioned Procedure provide that applications for the appointment of a pension are submitted by these persons to the main offices of the Pension Fund of Ukraine (authorities that award pensions) through authorized structural units:

  • Ministry of Defense of Ukraine;
  • Ministry of Internal Affairs of Ukraine;
  • Security Services of Ukraine;
  • Foreign Intelligence Service of Ukraine;
  • State Border Service of Ukraine and others.

Within 10 days from the date of receipt of the pension application, the authorized structural unit prepares all the necessary documents and prepares a pension application and sends it to the body that assigns pensions at the person’s place of residence.

However, today’s realities show that the authorized bodies refuse to draw up documents and form a submission on the appointment of a pension, and the PFU authorities refuse to award a pension.

WHAT ACTIONS SHOULD BE TAKEN TO GET A BENEFICIAL PENSION?

In order to assert your right to a seniority pension, you should first of all:

  1. File a claim with the authorized body for the obligation to draw up and submit the necessary documents to the Pension Fund authorities for awarding the claimant a long-term pension in accordance with Article 12 of Law № 2262-XII.
  2. After issuing a positive court decision, with the authorized body, file a lawsuit to the PFU body for the appointment of a pension.

Lawyers of “PRIKHODKO&PARTNERS” attorney’s office provide full turnkey support for this category of cases, therefore, if there are difficulties with the bodies responsible for the process of assigning a pension, contact specialists who, referring to the norms of current legislation and the practice of the Supreme Court, will defend Your right to a decent pension.

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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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