The civil service covers a number of responsible and difficult areas of activity. Such areas of employment allow you to receive a number of preferences from the state – in particular, a good pension. But at the same time, it is far from always possible to achieve this in practice without hindrance, since situations often occur when a person has to sue the Pension Fund of Ukraine regarding the fact that his pension is not transferred on time, even if there are all the necessary grounds for this.
This is where the help of professional lawyers working in the law office “Prikhodko&Partners” is appropriate. Having enlisted the help of qualified lawyers, you have a chance to defend your rights much more effectively and not lose funds, which, according to the accumulative principle, form quite large sums.
Recalculation of pensions for civil servants: what are the options?
When a certificate on recalculation of a civil servant’s pension is received, we can interact both with the competent state bodies in whose authority these issues are directly located, and resolve the problem through the courts. Unfortunately, quite often it is necessary to use the second option. In order for a claim for the recalculation of a civil servant’s pension to achieve the desired result, it must be drawn up in accordance with all relevant procedural requirements, as well as be supported by convincing supporting documents confirming the validity of the claim.
The recalculation of pensions for civil servants by a court decision is the desired result that the client receives as a result of considering such a case. When we talk about who is entitled to a civil servant’s pension, we mean persons who have worked in state bodies and their apparatus since January 1994. At that time, the Law of Ukraine “On Public Service” came into force. When it comes to such an issue as the pension of civil servants, its recalculation is carried out on the basis that the said law was supplemented by Article 37-1. The main content of the legal norm contained in this article is that the increase in the salary of working civil servants and the acquisition by a person of the right to receive a pension provision for a civil servant is the basis for the previously assigned pensions to be transferred.
All of the above applies to those pensioners who have been assigned an appropriate pension since the entry into force of the said law. As for the timing, the recalculation of pensions for civil servants is carried out from the month when the salary of working civil servants was raised. The grounds are the submitted application and certificates issued by state bodies at the place of work.
We will help to obtain the necessary documentation from the Ministry of Labor and Social Policy and the main departments of labor and social protection of the population at the local level. When the state body where the civil servant worked was liquidated, the documentation on the recalculation of the pension can be obtained from the assignee.
What does the jurisprudence say?
Modern judicial practice knows many cases when the pensions of civil servants were successfully transferred. For example, the Akimovsky District Court of the Zaporozhye Region satisfied the claims of the plaintiff, whom the Pension Fund of Ukraine initially refused to take into account bonuses, bonuses for ranks, bonuses for length of service and other types of bonuses in the transferred pension. On the basis of the current legislative norms, the court indicated that these components of the civil servant’s salary are indeed taken into account when calculating the pension. The claims were satisfied.
This is one of the current examples. In fact, there are a large number of them, and retired civil servants regularly win courts for the recalculation of pensions. So get in touch and we’ll help you.