Senior lawyer
She specializes in pension disputes, pension recalculation for law enforcement agencies, former civil servants, and social protection for military personnel and their families. With deep knowledge of the law, she effectively protects the interests of clients in courts and government agencies. Her work is respected by clients and hated by the pension fund.
Recalculation of pensions
Among those issues in the field of pension law that are relevant among appeals to lawyers, the topic of pension recalculation is one of the top ones. This phenomenon has a completely explainable reason. When a pensioner has the right to such recalculation, representatives of the Pension Fund in most cases are not on his side. So a person seeks protection where he can be effectively helped.

What legislation regulates the transfer of pensions?
If we talk about the normative legal acts that regulate the issue of recalculation of pensions, then everything depends on the type of pension in question – general (civilian), military or special (relevant for certain categories of persons). So, when we talk about the general pension, the Law “On mandatory state pension insurance” is relevant here. This normative legal act is universal, so its effect extends to the regulation of all pensions, except for military and special ones.
When it is necessary to regulate the assignment or recalculation of military servicemen’s pensions, other laws are relevant. In particular, the key one of them is the Law “On pension provision of persons released from military service and certain other persons”.
As for special pensions, they are regulated by those laws that are relevant for the area in question. For example, pensions for civil servants are mentioned in the Law “On Civil Service”. And when we talk about “Chernobyl residents”, this is the Law “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster”. In view of this, the activities of lawyers who specialize in pension law issues require special qualifications and knowledge of many regulatory and legal acts. The relevance of this thesis is especially confirmed by the fact that, in addition to laws, there are also many by-laws and decisions of the Armed Forces of Ukraine and the KSU.
For example, decisions of the Supreme Court, which are made in exemplary cases, are binding for all other similar cases.
What problems does a pensioner face in practice?
Success in a specific case related to the transfer of a pension depends on knowledge of all the mentioned types of legislative and by-laws, as well as the relevant judicial practice. That is why it is extremely difficult for pensioners who do not have specialized knowledge in jurisprudence to defend their rights and legitimate interests on their own. This factor is reinforced by the fact that the officials of the Pension Fund usually refuse to transfer the pension without having any reason for it. Therefore, the state body, which, on the contrary, should represent the rights of pensioners and protect them, turns out not to be on their side. This psychologically demotivates and encourages many to give up further self-advocacy. However, such a decision is wrong for several reasons:
- the vast majority of such cases are winning, so pensioners have the opportunity to significantly increase the amount of their own pension;
- regarding the majority of cases on the subject of recalculation, there are decisions of the Supreme Administrative Court in exemplary cases that can be used (or – decisions of the Supreme Administrative Court, which recognized certain norms regarding the limitation of the pension amount as inconsistent with the Constitution of Ukraine);
- lawyers who specialize in such cases have sufficient experience to work for a successful predicted outcome.
Regarding the last item from this list, you will meet such specialists at the Prikhodko & Partners law office.
What requests do clients make to us?
All requests regarding the transfer of pensions with which we work can be divided into the following groups:
- recalculation of military servicemen’s pensions;
- recalculation of civil servants’ pensions;
- appointment of the so-called “Chernobyl” pension in the appropriate amount;
- indexation of pensions.
If we recall individual requests within these groups, then, for example, in the topic of military pensions, it may be a matter of recalculation based on an updated certificate of financial support. There are also massive lawsuits filed by servicemen against the PF regarding the return of additional payments in the amount of 2,000 hryvnias.
There are also situations when they illegally limit the maximum amount of the pension or refuse to transfer it to the appropriate interest provision. Refusal of the PF to index the military serviceman’s pension based on the indicators determined by the legislation is another common problem. These are just a few examples, of which there are actually many more.
As for civil pensions, here too there can be very different grounds for applying to court. For example, a pensioner who receives an old-age pension is refused to be transferred to a civil servant pension in accordance with the “old law”. Or – they do not assign an additional payment that belongs to a person due to living in Zone 2 or 3 of the Chernobyl Nuclear Power Plant. No less common are cases when officials of the Pension Fund refuse to assign a pensioner a preferential pension due to him according to List № 1 or List № 2.
In summary…
In the matter of recalculating pensions, regardless of their type, it is important to avoid two extreme positions. The first of them is to expect from the representatives of the PF that they will, in the end, conduct the recalculation themselves. The second is to give up the idea of defending your rights when legislation and court practice are on your side, and the PF refuses to transfer the pension.
Contact professional lawyers – and you will receive quality help. Such specialists are in the team of the Prikhodko & Partners law office.
Is it possible to increase the amount of the pension through the court?
Yes, it is possible, but it all depends on the type of pension the pensioner receives. In most cases, the court takes the side of pensioners, but it is necessary to provide a maximum of documents that confirm the increase in the amount of the pension (including certificates of seniority and earnings).
What to do if the Pension Fund does not comply with the court decision?
I would like to note right away that the Constitution of Ukraine has defined the obligation to execute the court decision, however, the PFU neglects this obligation and delays the execution of the decision or does not fulfill it at all. Among the effective ways that can be offered in order to implement the court decision:
- lawyer’s request;
- receiving executive letters from the court with subsequent appeal to the executive service;
- submission of applications to the court in accordance with Articles 382 and 383 of the Civil Code of Ukraine.
I emphasize that in this way it is impossible to solve the issue of receiving the debt, since there is another payment procedure.
What is required to apply for a pension?
An application for a pension can be made at any time after the right to a pension has arisen or no earlier than one month before reaching the retirement age.
To apply for a pension, you need to collect the necessary list of documents and apply for a pension to the Pension Fund.
The pension application is considered within 10 days, and a corresponding decision is made based on the results of such consideration.
Is it possible to appeal against the Pension Fund's refusal to grant a pension?
We would like to note that the Pension Fund quite often refuses to grant a pension for one reason or another. However, an effective way to restore the violated right in case of refusal to grant a pension is to appeal the decision on the refusal to grant a pension to the court within 6 months from the day when the person learned or should have learned about the violation of his right. In most cases, the court sided with the pensioners, as the refusals to grant a pension are unfounded and due to formal circumstances.
Is it possible to get a lawyer's consultation by phone if it is not possible to come to the office?
Yes, our lawyers provide consultations online: by phone, video call, and Viber. We have many clients from different regions of Ukraine, whose interests we successfully defended in court and helped increase their pension. We conclude the contract remotely and exchange documents via Nova Poshta, Viber or email.
call back
during the day
"Recalculation of pensions"
Facts, not fictional reviews and a dry list of logos.
Compensation for moral, material damage
Protection of honor, dignity, business reputation servicesLicensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
European Court of Human Rights (ECHR)
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honor, dignity, business reputation services
Support of real estate transactions
Escort of the tender participant
Why postpone, describe the task now and you will be surprised how quickly we will provide an answer!
Describe the task
What legislation regulates the transfer of pensions?
What problems does a pensioner face in practice?
What requests do clients make to us?



