Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.

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Recalculation of pensions for military personnel

Recalculation of pensions for military personnel

Recalculation of pensions for military personnel and former law enforcement officers 2026 – legal support

When it comes to recalculating military pensions, pensioners often need high-quality legal support from lawyers. The fact is that in the vast majority of cases, Pension Fund officials respond with a refusal when a military pensioner writes an application for pension recalculation and indicates the grounds on which he justifies this right. On the other hand, court practice shows that such cases are winning. So you should pay attention to the opportunity to defend your interests in court. First, you need to receive an official refusal from the Pension Fund, and only then – move on, appealing it in court. We will touch on this topic in more detail, and also tell you how the services of the Prikhodko & Partners law firm will be useful to you in this direction.

 

Recalculation of military pensions: features

It is worth mentioning the profile law No. 2262, which regulates the pension provision of military personnel and the procedure for recalculating pensions. At the same time, it should be noted that this regulatory legal act is not simple in its content. And it is not the only thing that should be guided by in this matter. In order to qualitatively defend the rights and legitimate interests of a military pensioner, you need to know not one law or subordinate regulatory act, but to navigate in judicial practice, in particular, to understand the content of each exemplary case on the recalculation of pensions for military personnel. Exemplary cases are those that have reached the Supreme Court of Ukraine and the decisions in which have become a mandatory guideline for subsequent similar cases.

From 03/01/2018, the Pension Fund, having recalculated pensions for military personnel based on Resolution of the Cabinet of Ministers of Ukraine № 103 dated 02/21/2018:

 

illegally failed to take into account additional types of monetary benefits, namely allowances, promotions, additional payments and bonuses;

 

 

illegally reduced the maximum pension amount from 90% to 70% of the cash benefit;

 

 

illegally paid from 01.01.2018 – 50% of the pension amount, from 01.01.2019 – 75%.

 

Certificate of financial support for military personnel

The key factor that influences the determination of the size of a military pension is a certificate of financial support. Such a certificate is issued by an authorized body. In most cases, this is the body from which the military was discharged.

When a lawyer specializing in military law represents the interests of a military serviceman, obtaining such documents is much faster and easier. Next comes the stage when you need to contact the Pension Fund with the received certificate and an application for pension recalculation. At this stage, the military pensioner receives a refusal.

You may have a question about why the mentioned stage is mandatory if its negative result is predictable and foreseeable. The fact is that in order to appeal the refusal, it must first be obtained. Otherwise, the appeal to the court will be groundless.

So, when the refusal is received, the next stage comes – writing a statement of claim regarding the pension recalculation.

Перерахунок пенсій військовослужбовцям

Statement of claim for recalculation of pensions for military personnel

Such an application is submitted to the administrative court. It must be accompanied by a package of supporting documentation, which will certify that a specific military pensioner really has grounds for having his pension transferred to him.

If we talk in more detail about the recalculation of pensions to military pensioners, judicial practice indicates in their favor. The decision in such an exemplary case № 160/8324/19, which was considered within the framework of administrative proceedings № Pz/9901/20/1, was made by the Supreme Court of Ukraine. The right of a military serviceman to recalculate his pension was protected. So today there are good chances of achieving the desired results when such cases are considered within the framework of administrative proceedings. And therefore the procedure for recalculating pensions to military personnel is quite clear. One has only to use it and reach the desired result.

Common categories of cases regarding the recalculation of military pensions

Among such categories, the following cases are worth noting:

  • cases on lifting the limit on the maximum pension for military personnel, as well as taking into account the indexation of 2022 and 2023;
  • cases, as a result of which an additional payment of UAH 2,000 is assigned to military pensioners (the basis is Government Resolution № 713);
  • cases on reducing the percentage ratio to 70%;
  • cases on recalculating the pension in accordance with the updated certificate of the amount of monetary support;
  • cases on defending in court the right of a military pensioner to receive an updated certificate of financial support, which indicates the amounts in accordance with the current subsistence minimum.

So, summing up, it is worth summarizing that there are a number of different categories of cases related to the recalculation of pensions for military pensioners. Despite the different grounds for such recalculation, most of these cases are united by one motive – the Pension Fund refuses the applicant to recalculate the pension in accordance with the norms of current legislation, and then the person is forced to defend his rights in court. So if you need professional legal assistance on this path, fill out the feedback form. We will call you back for an initial consultation.

What do we offer?

 

We oblige the authorized body to issue a certificate of financial security, taking into account all allowances, bonuses and surcharges;

 

 

We transfer the military serviceman’s pension through the court system, taking into account additional types of financial support;

 

 

We are increasing the basic amount of military pension from 70% to 90% of the cash benefit through judicial proceedings;

 

 

We are transferring the pension through the court procedure, taking into account 100% of payments from January 1, 2018.

 

 

For which structures is the military pension recalculation service relevant?

  • SBU
  • ZSU
  • MIA
  • Criminal Enforcement Service
  • National Guard
  • SES
  • SBSU
  • SFS

Advantages of working with us:

  • We work throughout Ukraine (we sign the contract online)
  • We do not abandon our clients’ cases, as our competitors do, but bring the case to the end until you receive an increased pension
  • Your case will be considered in an expedited manner

 

What documents are needed to start the process of recalculating a military pension:

  • Passport (1st page of the spread + registration)
  • Identification code
  • Benefits (disability 1-2 groups)
  • Pension certificate
  • New certificate (if any)
  • Application to the PFU for recalculation (if any)
  • Refusal from the PFU for recalculation (if any)

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1 question

Are you receiving a military pension now?

Yes
No

2 question

Have you retired by 2018?

Yes
No

3 question

Did you receive a pension in court?

Yes
No

Is it possible to get a consultation online if it is not possible to come to the office?

Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.

Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?

Yes,  we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.

Do you work only in Kyiv or throughout Ukraine?

Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.

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