The key normative legal act, which regulates the general rules and features of pension assignment, is the Law of Ukraine “On Mandatory State Pension Insurance” № 1058-IV. In particular, this document regulates the procedure for transitioning from one type of pension to another. We suggest you learn about it in more detail. We will also tell you why you should contact the Prikhodko&Partners law office for legal assistance in matters of pension law. We specialize in consulting and legal support of such cases, if clients have problems that have made it difficult to solve these issues on their own.
What should you know about the appointment of a pension?
There are currently 3 types of pensions in Ukraine:
- by age;
- on disability;
- in connection with the loss of a breadwinner.
It happens that one person may be entitled to different types of pension. In any case, one of them is appointed, but she can choose him. The procedure for determining the salary indicators, which are taken into account when calculating the pension, is approved by the Pension Fund, agreeing with the central bodies of the executive branch of government in the relevant field.
If we talk briefly about the key rules for pension calculation, then their essence boils down to the following – to calculate the pension, the average salary, from which taxes have been paid, for 3 calendar years before retirement is taken into account.
What documents are required to transfer from one type of pension to another?
As for the documentation that will be relevant in this case, it is worth mentioning here the documents on:
- insurance experience;
- salary or income.
This also includes other documents that are in the pension file. When a person switches from one type of pension to another, when calculating its amount, the average salary indicator is used, which was taken into account during the appointment of the previous type of pension.
What is the procedure for calculating the pension?
If a person is assigned a pension in accordance with the Law “On Pension Security”, then this normative legal act provides for other grounds, as well as the procedure for assigning a pension, than Law № 1058-IV. So, for example, if a person applies for a pension for the first time in accordance with the second of these laws, when calculating the age pension, the average salary per insured person in Ukraine for the 3 years preceding the pension application is taken into account.
It is also important to note about the size – it is taken into account in the amount from which the insurance premiums were paid.
For those who are interested in court practice relevant today on this topic, it is worth paying attention to the decisions of the Supreme Court of Ukraine dated 15.03.2018 in case № 521/4655/17, 19.06.2018 in case № 381/1405/17, as well as 04.04.2019 in case № 359/7624/16-a.
When a person without relevant legal knowledge gets acquainted with the text of these documents, he may not fully understand the complex mechanism of pension calculation during its recalculation, when switching from one type of pension to another. If we explain the essence of these cases in simple words, they boil down to the fact that the Pension Fund refused to recalculate the pension in accordance with the average salary for the 3 years preceding the plaintiff’s appeal to the court. For example, if the application took place in July 2022, the average salary (excluding taxes) for the years 2019-2021 should be taken into account when recalculating.
How will we be useful?
Our team is regularly approached by clients who need protection of their violated rights in matters of pension provision. If you recognize circumstances similar to your situation in the mentioned court cases, it is time to think about defending your rights and legal interests.
If you are still hesitating about the legal support of your case, you can start communication with a specialist in the format of a consultation. It will give you an opportunity to get answers to your key questions and orient yourself in the direction in which you should defend yourself. And if you entrust this advocacy to specialists, you will greatly simplify your life, having the opportunity to save a lot of time and effort.
Our specialists regularly deal with pension issues of various categories, so they have a high level of knowledge and experience in such cases, and we also know how the Pension Fund will operate, which means we can effectively help our clients defend their interests. Fill out the form on our website and we will call you back.