Limitation of the maximum amount of pension for military personnel: how to remove the limit?

Quite often, retired military personnel and former policemen began to turn to the legal company “Prikhodko&Partners” with the question: “Is it possible to remove the so-called “ceiling” from the amount of their pension?”

Therefore, today we will draw your attention to the regulatory and legal framework on this issue and tell you step-by-step actions to remove the limit on the maximum amount of the pension.

Normative and legal regulation on this issue

The limitation of the maximum amount of the pension, assigned on the basis of the Law of Ukraine “On pension provision of persons released from military service and certain other persons” dated 09.04.1992 № 2262-XII, to ten subsistence minimums established for persons who have lost their ability to work, was introduced for the first time in effect of the Law of Ukraine “On Measures for Legislative Support of Reforming the Pension System” № 3668-VI, which entered into force on October 1, 2011.

However, it is worth noting that the mentioned provision as a whole was recognized as unconstitutional in accordance with the decision of the Constitutional Court of Ukraine № 7-рп/2016 of December 20, 2016. According to the second paragraph of the operative part of the said decision, in particular, part 7 of Article 43 of the Law of Ukraine “On pension provision of persons discharged from military service and certain other persons” became invalid from the date of adoption of this decision by the Constitutional Court of Ukraine.

So, in essence, since December 20, 2016, Part 7 of Article 43 of the Law of Ukraine “On pension provision of persons released from military service and certain other persons” has been absent.

No less important and significant for further practice is the decision of the Constitutional Court of Ukraine dated October 12, 2022, in which the court noted that the maximum pension for military pensioners cannot be limited to 10 subsistence minimums.

Implementation of decisions of the Constitutional Court of Ukraine on the territory of Ukraine is mandatory for everyone, therefore such restrictions are invalid, unconstitutional and impossible to implement.

What are we doing?

The algorithm of actions is as follows:

• we send a lawyer’s request to the PFU body to provide calculations of your pension (to establish the fact of limiting the maximum amount of your pension);
• in order of pre-trial settlement, we submit an application for recalculation of pension without limitation of the maximum amount (requirement of the Code of Administrative Procedure of Ukraine);
• after the PFU authorities refuse such a recalculation, we are preparing an administrative lawsuit to the court with the provision of numerical practice of the Supreme Court on this issue.

Please note that there are many requests from Clients with the question: “How long does this whole “procedure” take?”

We are forced to warn that all these step-by-step actions from the submission of a lawyer’s request to the rendering of a decision on the merits take about 4-6 months, except for pensioners who are registered in the city of Kyiv or the Kyiv region, where in connection with the liquidation of the District Administrative Court of the city of Kyiv the terms of consideration of administrative cases increased due to heavy workload of judges.

Therefore, if you receive a pension with a maximum limit of UAH 20,930 for 2023, you should not give up and think that nothing can be done about it, contact the Prikhodko&Partners law office, which individually approaches each case cases and “turnkey” will increase your pension to real sizes.

Advantages of working with us:

• We work throughout Ukraine (we sign the contract online);
• We advise free of charge on pension issues;
• We have won more than one case (we can prove it with documents).

How do we sign the contract if the client is not in Kyiv?

• we exchange documents via Viber;
• we exchange documents through Nova Poshta.