"Every person has the moral ability to defend their rights".
Assistant lawyer
Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.
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:
- Law of Ukraine “On mandatory state pension insurance”;
- 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.
Calculate the cost of services
1 question
Do you need advice on the procedure and conditions for issuing a retirement pension?
2 question
Have you already applied to the PFU and there is a refusal to issue a pension for years of service?
3 question
Would you like to appeal the decision on the refusal to grant a pension to the court?
Expert in the field of civilian pensions, recalculation of pensions of law enforcement agencies and military law.
Cases on the topic of services: “Pension for years of service”
TOP lawyers dealing with such cases in Ukraine
How to order the service? How do we work?
The team of lawyers of the “Prikhodko & Partners” law office includes experts in pension law with extensive practical experience and many successful cases behind them. So, if you are looking for someone who is able to move your business from a standstill and is used to working for results, you have come to the right place.
In the matter of recalculating pensions, regardless of their type, it is important to avoid two extreme positions:
- the first of them is to expect from the representatives of the Pension Fund that they will, in the end, carry out the recalculation themselves.
- the second is to give up the idea of defending your rights when legislation and court practice are on your side, and the Pension Fund refuses to transfer the pension.
Contact professional lawyers and you will receive quality help in pension matters.
- Application
- Calling a lawyer
and defining tasks - Contract and payment
- Consultation,
case analysis, specialist work
What is the price for a lawyer's consultation and assistance?
Price for services in the "Recalculation of pensions" category:
The name of the service | Price, UAH | Terms |
---|---|---|
Recalculation of pensions for military personnel | from 4,000 UAH | 5 months |
TRANSITION TO THE PENSION OF THE CIVIL SERVANT | from 8,000 UAH | 5 months |
Limitation of the maximum amount of pension for military personnel: how to remove the limit? | from 8,000 UAH | 6 months |
Statement of claim to the Pension Fund | from 7,000 UAH | 6 months |
Application for recalculation of pensions for Chernobyl victims | from 8,000 UAH | 5 months |
SUPPLEMENT TO THE PENSION FOR NON-WORKING PENSIONERS UNDER ARTICLE 39 | from 6,000 UAH | 4 months |
Issuance of old-age pension | from 8,000 UAH | 7 months |
COURT WITH PENSION FUND OF UKRAINE | from 7,000 UAH | 6 months |
Transition from a preferential pension to an old-age pension | from 8,000 UAH | 7 months |
Transition from seniority pension to old-age pension | from 8,000 UAH | 7 months |
from 4,000 to 20,000 UAH The price is valid for October 2024
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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