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.
Military pension
There are different types of military pension – for example, for long service, disability and loss of a breadwinner. Let’s take a closer look at each of these varieties. We will also tell you why you should contact the law firm Prikhodko&Partners for advice and support in the field of military law. We regularly take on such cases and know how they need to be handled so that clients are satisfied and receive high-quality legal support.
Military pension for long service
The procedure for assigning this type of pension is regulated by Art. 12 and 13 of Law № 2262-ХІІ. The norms set out in these articles talk about the conditions for granting a long-service pension in different cases. As a general rule, a pension is expected after a military man has served for 20 years or more. There is a concept of preferential length of service. For example, this applies to situations where a military man participated in hostilities to defend the Motherland. In such cases, one month is counted as three. This is just one example of preferential length of service; in fact, the legislation provides for many more such situations and for each of them specifies the conditions of appointment.
It is also worth mentioning mixed experience. This is when a military man not only served in the army, but also worked at another job. In such cases, in order to have a long service pension, the length of service must be 25 years or more, of which at least 12 years and 6 months are service in the army, National Police, internal affairs bodies and other bodies provided for by the mentioned articles of legislation.
Military disability pension
The next type of pension we will consider is a disability pension. It is regulated by the same Law, namely, its articles 18, 21 and 22. Disability pensions are established for persons whose disability occurred either during the period of service or no later than 3 months thereafter. If we are talking about a later date, then for the assignment of a disability pension there must be a basis in the form of the influence of an injury, wound, illness or concussion that occurred during service.
Military survivor’s pension
As for the survivor’s pension, it is assigned in accordance with the norms enshrined in Art. 29 and 36 of the already mentioned Law. Families of military personnel where the breadwinner died during service almost later than 3 months from the date of dismissal have the right to such a pension. The exception, as in the previous case, is the situation when death occurred later, but due to health problems that the person received during his service. Another condition is that the death of a military man occurred while he was receiving a pension, or no later than within 5 years after the termination of payment. As for missing military families who took part in hostilities, they are equal to the families of those killed in their right to receive this pension.
Right to recalculate pension
The team of the Prikhodko&Partners law office is often contacted by clients who have a request for recalculation of a military pension. This right is provided for in Art. 63 of the Law, the norms of which we are analyzing.
As for the services that we provide in the context of pension recalculation, these include:
- recalculation, during which all allowances, raises, bonuses and additional payments will be taken into account for those persons who retired before 2018;
- refund, according to PKMU № 713, of an additional payment in the amount of 2 thousand hryvnia;
- removal of restrictions on the maximum pension amount, which were established by Article 43 of Law № 2262-XII;
- return of the percentage of pension provision actually guaranteed by law if it was illegally reduced to 70%.
Therefore, given the wide range of issues on which our team works, we can help many categories of military retirees. Contact us and we provide a wide range of services, from consulting to representing your interests in court. Consultation can be ordered both in person and remotely.
Often pensioners do not defend their rights, but this path leads to the fact that you give up your legal pension in the proper amount.
Take advantage of legal assistance and resolve issues by protecting your interests. Fill out the form on our website and our lawyer will call you and provide a free initial consultation on your military pension.
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1 question
Are you a former military man?
2 question
Did you retire before 2018?
3 question
Are you just planning to retire?
4 question
Do you need legal advice regarding your military pension?
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.
You may also need:
PREFERRED YEARS OF SERVICE OF MILITARY SERVANTS AND THE RIGHT TO A PENSION
Read moreRecalculation of pensions for military personnel
Read moreTransition from a preferential pension to an old-age pension
Read moreCOURT WITH PENSION FUND OF UKRAINE
Read moreRegistration of pension
Read moreRecalculation of pensions to civil servants
Read moreStatement of claim to the Pension Fund
Read moreApplication for recalculation of pensions for Chernobyl victims
Read morePension recalculation: why is it worth suing?
Read morePension for years of service
Read moreIssuance of old-age pension
Read moreTRANSITION TO THE PENSION OF THE CIVIL SERVANT
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