Military pension

There are different types of military pension – for example, for long service, disability and loss of a breadwinner. Let’s take a closer look at each of these varieties. We will also tell you why you should contact the law firm Prikhodko&Partners for advice and support in the field of military law. We regularly take on such cases and know how they need to be handled so that clients are satisfied and receive high-quality legal support.

Military pension for long service

The procedure for assigning this type of pension is regulated by Art. 12 and 13 of Law № 2262-ХІІ. The norms set out in these articles talk about the conditions for granting a long-service pension in different cases. As a general rule, a pension is expected after a military man has served for 20 years or more. There is a concept of preferential length of service. For example, this applies to situations where a military man participated in hostilities to defend the Motherland. In such cases, one month is counted as three. This is just one example of preferential length of service; in fact, the legislation provides for many more such situations and for each of them specifies the conditions of appointment.

It is also worth mentioning mixed experience. This is when a military man not only served in the army, but also worked at another job. In such cases, in order to have a long service pension, the length of service must be 25 years or more, of which at least 12 years and 6 months are service in the army, National Police, internal affairs bodies and other bodies provided for by the mentioned articles of legislation.

Military disability pension

The next type of pension we will consider is a disability pension. It is regulated by the same Law, namely, its articles 18, 21 and 22. Disability pensions are established for persons whose disability occurred either during the period of service or no later than 3 months thereafter. If we are talking about a later date, then for the assignment of a disability pension there must be a basis in the form of the influence of an injury, wound, illness or concussion that occurred during service.

Military survivor’s pension

As for the survivor’s pension, it is assigned in accordance with the norms enshrined in Art. 29 and 36 of the already mentioned Law. Families of military personnel where the breadwinner died during service almost later than 3 months from the date of dismissal have the right to such a pension. The exception, as in the previous case, is the situation when death occurred later, but due to health problems that the person received during his service. Another condition is that the death of a military man occurred while he was receiving a pension, or no later than within 5 years after the termination of payment. As for missing military families who took part in hostilities, they are equal to the families of those killed in their right to receive this pension.

Right to recalculate pension

The team of the Prikhodko&Partners law office is often contacted by clients who have a request for recalculation of a military pension. This right is provided for in Art. 63 of the Law, the norms of which we are analyzing.

As for the services that we provide in the context of pension recalculation, these include:

• recalculation, during which all allowances, raises, bonuses and additional payments will be taken into account for those persons who retired before 2018;
• refund, according to PKMU № 713, of an additional payment in the amount of 2 thousand hryvnia;
• removal of restrictions on the maximum pension amount, which were established by Article 43 of Law № 2262-XII;
• return of the percentage of pension provision actually guaranteed by law if it was illegally reduced to 70%.

Therefore, given the wide range of issues on which our team works, we can help many categories of military retirees. Contact us and we provide a wide range of services, from consulting to representing your interests in court. Consultation can be ordered both in person and remotely.

Often pensioners do not defend their rights, but this path leads to the fact that you give up your legal pension in the proper amount.

Take advantage of legal assistance and resolve issues by protecting your interests. Fill out the form on our website and our lawyer will call you and provide a free initial consultation on your military pension.