Limiting the Chernobyl pension to the maximum amount

The problem of lifting the limit on the maximum amount of pension for the liquidators of the Chernobyl nuclear power plant is becoming more and more urgent. Retirement benefits for these people who sacrificed their health to respond to the disaster are limited by law, preventing them from receiving the full amount of the pension they are entitled to. This issue is particularly important because it affects the level of social support for these individuals. However, the decision of the Constitutional Court of Ukraine of March 20, 2024 recognized such restrictions as unconstitutional, opening the possibility for pensioners to request a recalculation of their pension without any restrictions.

Normative and legal regulation

The main legal acts that regulate the issue of calculating pensions for liquidators are the Law “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” and the Law “On Mandatory State Pension Insurance“. Both documents define preferential conditions for charging pensions to liquidators. An important role is also played by the decision of the Constitutional Court of Ukraine dated March 20, 2024, which recognized the limitation of the maximum amount of pensions as unconstitutional. This makes it possible for pensioners to demand the payment of pensions without restrictions, which ensures a fair level of social security for this category of citizens.

Step-by-step process of removing the pension restriction

In order to remove the limit on the maximum amount of pension benefits for liquidators of the Chernobyl Nuclear Power Plant, we follow a clear algorithm of actions:

• Lawyer’s request to the Pension Fund (PFU): the first step is to submit a request to receive pension calculations. This will make it possible to identify restrictions and determine how much the pension should be increased after their removal.
• Submitting an application for recalculation: after receiving the documents, you need to submit an official application to the PFU with a request to recalculate the pension based on the decision of the Constitutional Court of Ukraine.
• Filing a lawsuit: if the Pension Fund refuses to recalculate, an administrative lawsuit should be filed in court. The lawsuit must specify all violations and provide arguments in favor of the client.
• Waiting for a court decision: the court process can take from 4 to 6 months. After a positive decision is made, the Pension Fund will be obliged to transfer the pension, which will significantly increase the amount of payments.

Practical experience of actions when transferring a pension

The legal company “Prikhodko&Partners” has considerable experience in cases related to the lifting of the limit on the maximum amount of pension provision for the liquidators of the Chernobyl Nuclear Power Plant. Here is an example of one of the successful cases:

1. Filed a legal request to the Pension Fund to receive official pension calculations. These calculations reflected the actual payments should have been much higher than what was actually charged to the client.
2. On the basis of the received data, they prepared a statement demanding the lifting of restrictions on pension payments and sent it to the Pension Fund.
3. After receiving a refusal from the PFU, they prepared a lawsuit in court, in which they presented all the documents and arguments that confirmed the need to recalculate the pension.
4. The court ruled in favor of our client. As a result, the Pension Fund was obliged to recalculate the pension, which significantly increased the amount of payments for the client.

This example shows how effectively you can protect your rights and receive proper payments with the help of our company.

How do we help liquidators of the Chernobyl nuclear power plant?

Lawyers accompany clients at every stage of the process — from collecting documents to obtaining a court decision. Our lawyers will prepare all the necessary documents for submitting a request to the Pension Fund, help with the preparation of lawsuits, and, if necessary, represent your interests in court. The won cases show that in most cases the court sides with pensioners-liquidators, which significantly increases the chances of a successful resolution of your issue.

Our advantages include the following:

1. We work throughout Ukraine: we sign contracts online, regardless of your location.
2. Qualified consultations: You can not worry about receiving information on your issues, because even the initial consultation is extremely extensive and detailed.
3. Extensive experience and numerous successful cases: our successful cases in this category are documented.

Contact us today and we can help you achieve a fair pension transfer and remove any restrictions that prevent you from receiving the benefits you deserve.