INFORMATION ON CASH SECURITY

The recalculation of pensions for military personnel is a category of requests that clients quite often address to the Prikhodko&Partners Law Office. This is not surprising, because such cases are winning, as evidenced by numerous examples from judicial practice. It should be noted that changes in a positive direction followed especially actively after the exemplary case accepted by the Supreme Court as part of the panel of judges of the Administrative Court of Cassation dated December 17, 2019 № 160/8324/19, concerning the issuance of a certificate on the amount of monetary allowance for recalculating the pension. one case – № 826/12704/18 against former policemen.

What is at stake in the mentioned cases?

Both court cases concern the same issue – the right of the mentioned persons to receive an updated certificate of additional types of financial security. When it comes to additional types of financial security, their accounting significantly affects the further size of the already recalculated pension.

Who is entitled to a pension recalculation?

The list of such persons is quite large – starting with military pensioners and ending with retired policemen. When advising our clients on this topic, we detail such information, taking into account their case, and orientate them in what are the prospects for recalculating the pension.

As for the legal framework that regulates this issue, here it is necessary to indicate the relevant law on pensions for military personnel, namely the Law of Ukraine “On pensions for persons discharged from military service and some other persons”.

If we talk about the circle of persons who have the right to draw up such a document as a certificate of the amount of monetary security, where MONTHLY ADDITIONAL TYPES OF CASH SECURITY will be indicated, then here it should be called:

• military personnel of the Armed Forces of Ukraine, NGU, SBU, SVR, State Border Service, State Emergency Service and former policemen.

Pensions are subject to recalculation, which, according to the mentioned Law, were assigned before March 01, 2018 to all categories of persons listed in the list, except for pensioners from the Ministry of Internal Affairs (police).

As for pensioners from the Ministry of Internal Affairs, pensions are subject to recalculation from January 1, 2016. The recalculation is made for equivalent positions according to the size of the police officer’s support.

The current legislation regulates this issue in detail. At the same time, in addition to all the listed legal acts, the Decree of the Cabinet of Ministers of November 11, 2015 № 988 “On the monetary allowance of the policemen of the National Police” plays a significant role.

How to get a certificate of financial security?

There is an exhaustive list of state bodies authorized to issue this certificate, namely:

• territorial recruitment and social support centers (military registration and enlistment offices);
• State Institution “Territorial Medical Association of the Ministry of Internal Affairs”. There are such government departments in every region.

What problems arise in upholding a fair pension?

The authorized bodies listed above voluntarily issue a certificate of financial support for the recalculation of the pension. However, in practice, there are significant complications in order for the matter to really move forward. The Pension Fund of Ukraine does not recalculate the pension until there is a corresponding court decision. This is where the services of the law firm Prikhodko&Partners will be useful, because we work for the result and achieve a positive decision. This contributes to the fact that the recalculated pension of a retired serviceman or policeman actually doubles.