Claim against the Pension Fund for recalculation of pension

When is it necessary to go to court?

Pensioners are not always satisfied with the Pension Fund’s decisions on the appointment or recalculation of their pensions. In such cases, there is a need to protect their rights in court.

The most common reasons for going to court are:

• Incorrect calculation of the pension amount: if you believe that your pension was calculated in violation of the current legislation and should be higher.
• Refusal to grant a pension: if the Pension Fund refused to grant a pension, citing the lack of necessary documents or other grounds.
• Violation of the terms of consideration of the application: if the Pension Fund did not consider your application for pension recalculation within the time limits established by law.

Let’s take a closer look at several typical situations when you have to go to court.

1. Limitation of pensions to a maximum amount for Chornobyl liquidators and military pensioners: The legislation provides certain guarantees for liquidators of the Chornobyl disaster and military pensioners. In particular, their pensions cannot be limited to a maximum amount. If a pension fund applies such restrictions, this is a direct violation of the law and grounds for going to court.
2. Pension recalculation for military retirees: Military pensioners have the right to periodic recalculation of their pensions, taking into account changes in legislation and other factors. If the pension fund refuses to recalculate or does so in violation of the established rules, this is grounds for a court appeal.
3. Refusal to grant a pension: If the pension fund refuses to grant a pension, citing lack of necessary documents or other grounds, and you believe you are entitled to a pension, you can appeal against such a decision in court.
4. Refusal to transfer a civil servant to a pension: Civil servants are entitled to a pension based on length of service. If a pension fund refuses to transfer a civil servant to a pension based on ineligibility, and you believe you are eligible, you can appeal the decision in court.
5. Incorrect pension calculation: If you believe that your pension was calculated in violation of the current legislation and should be higher, you can file a lawsuit to recalculate your pension.

How to prepare a statement of claim?

A statement of claim is a legal document in which you describe your claims to the court in detail. It is recommended that you seek legal assistance in drafting a statement of claim. However, if you decide to draft it yourself, pay attention to the following mandatory elements:

• Name of the court: indicates the court with jurisdiction over your case.
• Parties to the case: the name of the plaintiff (you) and the defendant (the Pension Fund).
• Claims: clearly formulate your claims to the court, for example, recalculation of your pension based on certain circumstances.
• Substantiation of claims: You must explain in detail why you believe that the Pension Fund’s decision is illegal.
• Evidence: Attach copies of all documents that support your claims (e.g., Pension Fund decisions, pension calculations, medical certificates, etc.).
• Request: At the end of the application, you ask the court to satisfy your claims.

Where to file a lawsuit?

The claim is filed with the administrative court at the location of the body whose decision is being appealed.

It should be noted that in many cases, pensioners try to sue for their pensions on their own, but due to a lack of experience, knowledge and procedural issues or the formulation of incorrect claims, they are denied. As a result, precious time is lost and no result is achieved.

What documents should be attached to the statement of claim?

In addition to the statement of claim, the following documents must be submitted to the court:

• A copy of the passport;
• Identification code;
• Pension certificate;
• Military ID card;
• Other documents that can confirm your requirements.

Timeframe for consideration of the case: the timeframe for consideration of administrative cases is set by the Code of Administrative Procedure of Ukraine. As a rule, the case consideration takes several months.

The cost of legal services for the recalculation of pensions

The cost of legal services depends on the complexity of the case and the region. It is recommended to contact several lawyers to compare prices and terms of cooperation.

• Limitation period: The general limitation period for appealing against decisions in administrative proceedings is six months from the date when the person learned or should have learned of the violation of his or her right.
• Free legal aid: If you are unable to pay for the services of a lawyer, you can apply for free legal aid from the relevant organizations, but the result may be disappointing.
• Changes in legislation: It is important to keep track of changes in legislation as they may affect your case.

Appealing a Pension Fund decision in court is a complex process that requires knowledge of the law and legal procedures. Our lawyers have the necessary experience in disputes with the Pension Fund and have won many cases of various categories of pensions. Fill out the form on our website and our lawyer will contact you shortly.