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.

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Issuance of old-age pension

Issuance of old-age pension

A person who has the right to a pension may apply for its appointment at any time from the moment when this right arose, no earlier than one month after reaching retirement age. In order to start receiving an old-age pension in Ukraine, both men and women need to meet the conditions that the legislation establishes for this. They relate to age and length of service.

Therefore, you must be at least 60 years old and have at least 31 years of experience. Despite the fact that at the level of regulatory legal acts everything seems clear, in fact, pensioners often face problems when applying for a pension. In such cases, high-quality support from a lawyer specializing in pension law can help.

 

Where to go to apply for a pension?

The answer to this question depends on whether the applicant is currently employed. If not, then to apply for a pension he can:

  • contact the territorial body of the Pension Fund in person with a corresponding application;
  • submit an application through the web portal of electronic services of the Pension Fund or through the Unified State web portal of electronic services (Action Portal). This requires an electronic signature based on a qualified electronic signature certificate.

If the applicant works, he can submit documents at his place of work through an authorized person whose responsibilities include communication with the PF at the location of the enterprise, institution or organization.

What are the application requirements?

The application for a pension must meet the requirements provided for by current legislation. This issue is regulated by the “Procedure for the provision and execution of documents for the assignment (recalculation) of pensions in accordance with the Law of Ukraine “On Compulsory State Pension Insurance”. The document was approved by resolution of the PFU board № 22-1 dated November 25, 2005. We are also talking about the wording of the resolution of the PFU board № 13-1 dated July 7, 2014. You need to look at Appendix 1 to the Procedure.

Also, the mentioned Procedure contains requirements for the package of documents that must be submitted in order for a pensioner to be assigned a pension. This topic often raises questions, since collecting such documents can take quite a lot of time, and representatives of the Pension Fund often have many artificial comments regarding the documents. It is in such situations that the advisory support of a lawyer on pension law or his support in interaction with the Pension Fund may be appropriate.

What do you need to know about documents?

When a person submits an application in paper form, documents can be sent to him both in originals and in copies certified by a notary. However, there are some documents that must be exclusively original.

Another acceptable option for certification of documents is done by the administration of the enterprise or institution where the applicant works. Since in this case it is the representatives of the enterprise, institution or organization who communicate with the PF, then this task is entrusted to them.

As for documents about age, length of service and salary, they must be presented in originals. If you submit documents through the PF services web portal or the Action Portal, then scanned copies of the originals must be submitted, on which you need to apply an electronic signature based on the corresponding certificate.

How is the application processed?

The PFU reviews the application within 10 days. After this, a decision is made to grant or refuse a pension. If a pensioner is faced with the second option, he can appeal the decision to refuse a pension within 6 months from the day he learned or should have learned about a violation of his right.

 

How can we be useful?

Lawyers at the Prikhodko & Partners law office know from experience how often PF representatives groundlessly refuse to grant a pension to a pensioner or, for example, do not take into account part of the length of service that affects the amount of pension benefits.

As a rule, direct communication with the Pension Fund is not effective in such situations, so the pensioner has to defend his rights and legitimate interests in court. Lawyers from the Prikhodko and Partners law office can help you with this. We have extensive experience and many successful cases behind us. So contact us!

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1 question

Do you need advice on the procedure and conditions for applying for an old-age pension?

Yes
No

2 question

Before applying for an old-age pension, did you receive another type of pension (long service, disability, etc.)?

Yes
No

3 question

Have you already applied to the Pension Fund and been denied a pension?

Yes
No

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.

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