Pension for years of service

The issue of pension law is one of the common categories of requests that are addressed to lawyers. On the one hand, the legislation clearly regulates this area. On the other hand, pensioners often face artificially created problems. As evidenced by the practice of administrative proceedings, many lawsuits are brought precisely in relation to the decisions, actions or inaction of the Pension Fund bodies and their authorized persons. Therefore, if you also need professional legal support, you can contact the lawyers of the “Prikhodko & Partners” law office and receive quality legal assistance.

Pension law belongs to the branches of jurisprudence in which we specialize. So let’s touch on some of his questions in more detail. In particular, we will consider the topic of retirement pension.

How is retirement pension regulated by law?

Among those normative legal acts that regulate this issue, it is worth noting:

1. Law of Ukraine “On mandatory state pension insurance”;
2. Law of Ukraine “On pension provision”.

Regarding the list of employees who are entitled to a pension based on years of service, it is specified in:

• Article 114 of the Law “On Mandatory State Pension Insurance”;
• Articles 52, 54 and 55 of the Law “On Pension Security”.

When it comes to the appointment of a retirement pension, the key conditions for its issuance are:

• availability of experience in the specialty prescribed by current legislation;
• mandatory dismissal from work, which gives the right to a pension on this basis.

The general aspects are clear at first glance, but in practice various unforeseen situations may arise. Often they are artificially created. For example, this may apply to cases when representatives of the PFU refuse to award a person a pension for years of service where this is expressly provided for by the current legislation. Or – there are cases when a pensioner wants to switch from a seniority pension to an old-age pension and receives a refusal. There are also situations when officials of the Pension Fund point to seemingly unclear entries in the work book, thereby obliging the pensioner to prove the availability of relevant experience in certain periods.

Above were mentioned only some examples of when representatives of the PFU show unfounded bias and act contrary to the current legislation. At the same time, the number of satisfied lawsuits in cases against the Pension Fund indicates a clear trend – when a pensioner enlists professional support from professional lawyers and sets himself the goal of defending his rights, this leads to the desired result.

How can we be useful for you?

When you seek legal support from the specialists of the Prikhodko & Partners law firm, you will receive quality assistance in matters of pension law. We offer our clients such services as:

• consultancy;
• legal support during interaction with state bodies;
• representation of interests in court.

Let’s touch on these directions in more detail. Therefore, during the initial consultation, we analyze the issue of a person’s right to a seniority pension and what documents are required for its appointment. If there is a refusal from the Pension Fund and a person’s right to a retirement pension is violated, we analyze the content of this refusal in detail. This is followed by planning how to appeal the relevant decision of the PFU.

Why not “stop halfway”?

Often, pensioners, faced with a refusal from the Pension Fund, stop there, because such a decision by a state body looks authoritative and final. However, as already mentioned, judicial practice shows otherwise. This applies, among other things, to decisions of the Constitutional and Supreme Courts in exemplary cases. In the vast majority of cases, they are on the side of the pensioner.

Therefore, you should not stop and refuse to defend your rights. Moreover, the support of professional lawyers will give an opportunity to reach the desired result, which is the appointment of a pension for years of service in the appropriate amount.

Specialists of the “Prikhodko & Partners” law office will use all the necessary knowledge and experience to help you in the appointment of a pension. Fill out the form on our website and our lawyer will contact you shortly.