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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Pension indexation for military pensioners

Pension indexation for military pensioners

Military pensions are a topic in which interest does not subside. This is natural, given that retired military personnel regularly face many artificially created complications. Therefore, on the Internet, people regularly search for information on these search queries, and they turn to lawyers for the interpretation of legal norms and assistance in the format of representing interests when interacting with government agencies.

What is the problem with indexing?

When it comes to the indexation of pensions, which took place in 2022 and 2023, the Pension Fund of Ukraine, unfortunately, takes a position that violates the rights of military pensioners. In short, pensions are not recalculated in accordance with current legal regulations. Therefore, people have to be determined and go to court, having previously enlisted good support. It can be provided by the team of the law office “Prikhodko&Partners”.

What does the law say?

Analyzing the current legislation on this topic, one should mention the Resolution of the Cabinet of Ministers of Ukraine № 118 of February 16, 2023 “On the indexation of pensions and measures to increase the level of social protection of the most vulnerable segments of the population in 2022”. Also important in the legal regulation of the issue of indexation is Decree № 168 of February 24, 2023 “On the indexation of pension and insurance payments and additional measures to increase the level of social protection of the most vulnerable segments of the population in 2023”.

We are well aware that it can be difficult for our clients to understand such issues on their own, therefore, for our part, we do everything to explain the complex as simply as possible, and most importantly, to effectively solve the problem.

What do the numbers say?

If we move away from complex legal formulations into a practical financial plane, then the following figures will be relevant here:

  • in 2022, the military pension increased by 14% of the monetary allowance;
  • in 2023, it increased by 19.7% of the allowance.

If in practice everything happened as the law stipulates, it would be possible to put an end to this, however, the Pension Fund, for its part, allows numerous violations of the rights of retired servicemen.

How does everything really happen?

Among the most common problems faced by a military pensioner from the PFC, one can note:

  • limiting the maximum payment of the indexation amount in 2023 in the amount of UAH 1,500;
  • gross violations in the case of limiting the maximum amount of pension, where indexation amounts are accrued, but not paid;
  • situations where, even when the maximum size limit is removed, this happens only by the time of indexing, that is, 2022 and 2023, respectively.

Unfortunately, this is exactly the situation in a real practical context.

What to do with it?

It is possible to solve all the listed problems and violations on the part of the PFC only in court. The extrajudicial way of regulating the problem, unfortunately, does not work. Both the military pensioners themselves and their representatives, who tried to look at this situation more optimistically, could be convinced of this more than once. Therefore, you should be realistic and act in accordance with the situation. And it is the following – the effectiveness shows only a judicial way of upholding rights.

 

The team of the law office “Prikhodko&Partners” has extensive experience and knows how to oblige the PFU authorities to recalculate the pension without limiting the maximum amount, taking into account indexations in accordance with the resolutions of the Cabinet of Ministers № 118 and 168.

If you tried to solve the problem yourself and failed, do not give up. Despite the fact that the described situation is unfair, this category of cases, with the right approach, is advantageous. So contact us – we will help you defend your rights.

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1 question

Did you recalculate the pension based on the updated certificate?

Yes
No

2 question

Is your pension limited to a maximum of UAH 20,930?

Yes
No

3 question

Do you live in Kyiv or Kyiv region?

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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