Recalculation of pensions for flight test personnel of civil aviation

Pension provision for civil aviation flight test personnel is one of the most specific and highly specialized areas of pension law. Legislation classifies these individuals as having specialized professions with significant risks to life and health, so their right to early retirement and special pension calculation conditions are defined by separate regulations. However, in practice, recalculating such pensions is a complex procedure that requires an in-depth analysis of legislation, the historical version of laws, and current judicial practice.

The law firm “Prikhodko&Partners” specializes in complex pension cases, including those involving flight test crews, aviation workers, military personnel, civil servants, and other categories whose pensions are subject to special legal treatment. We provide comprehensive legal support for pension recalculations, prepare applications, collect documents, and represent clients in the Pension Fund and in court.

Below is a complete, legally sound analysis of possible pension recalculations for civil aviation flight test personnel as of 2025.

Legal regulation of pensions for flight test personnel

The grounds for assigning and calculating pensions for this category are defined:

• The Law of Ukraine “On pension provision” (articles regarding pensions for length of service);
• Resolutions of the Cabinet of Ministers on the lists of flight crew positions and the procedure for calculating special length of service;
• The Law of Ukraine “On compulsory state pension insurance” № 1058-IV (for old-age pensions);
• Certain clarifications from the Pension Fund of Ukraine and established judicial practice.

Until 2004, pensions were assigned exclusively according to the Law “On pension provision”. After the adoption of Law No. 1058, the system was divided: old-age pensions were assigned according to the new law, while pensions for length of service were assigned according to the old law. This created a legal conflict, which is particularly noticeable when recalculating these pensions.

As of today, legislation provides for only two viable options for recalculating pensions for flight test personnel. Other options (such as recalculations due to wage increases in the aviation industry, changes in salary levels, additional seniority, etc.) are not provided for by law and are not applied in practice, as confirmed by case law.

Recalculation of pension when switching from a pension for length of service to an old-age pension

This is the main and, in fact, the only recalculation that allows for an increase in the pension amount of flight test personnel upon reaching the general retirement age.

The legal nature of such a recalculation

A pension for length of service is assigned in accordance with the Law “On Pension Provision,” while an old-age pension is assigned in accordance with Law № 1058-IV. When switching from one type of pension to another, a completely new calculation mechanism is applied, including:

• using the innovative average salary in Ukraine for the three years preceding the year of appointment (indicator 3s);
• taking into account the indicator for assessing one year of insurance experience;
• using insurance experience coefficients and an individual earnings coefficient.

Why is this beneficial?

Since long-service pensions are assigned based on the salary in the earlier year of retirement, their amounts are significantly lower than those assigned under Law № 1058.

Average salaries in Ukraine have increased significantly since 2017. Therefore, the transition to an old-age pension allows for the application of a new, significantly higher salary indicator, which directly increases the pension amount.

For example, in 2025, the average salary for 2022, 2023, and 2024 is used during the transition. The following year, the average salary for 2023, 2024, and 2025, respectively, is used.

Who is eligible for this recalculation?

For flight test personnel who:

• receive a pension for length of service in accordance with Article 54 of the Law “On Pension Provision”;
• have reached the general retirement age (as of 2025: 60 years for men, 60 years for women, depending on their date of birth);
• have the required insurance record.

Recalculation procedure

1. Preparing documents on work experience
2. Confirming salary (if necessary)
3. Submitting an application to the Pension Fund of Ukraine to switch to a different pension type
4. Obtaining a decision from the Pension Fund of Ukraine
5. Checking the accuracy of the calculation

If necessary, lawyers file a complaint or administrative claim regarding the incorrect application of the calculation formula.

Removal of the maximum pension limit (10 minimum old-age pensions)

For persons who retired for length of service BEFORE 2011

In 2011, the legislation changed the approach to determining the maximum pension amount, limiting it to 10 subsistence minimums for the disabled (in 2025, this is the equivalent of 23,610 UAH).

However, the Supreme Court has confirmed in a number of decisions that the maximum pension limit cannot be applied to individuals who were already entitled to a pension before the limit was introduced.

This means that flight test personnel who:

• retired before 2011,
• received a pension for length of service,
• have a calculated pension amount exceeding the limit,

— may demand that the restriction be lifted and that the pension be paid in full.

Why is this possible?

Judicial practice relies on the principle that the law’s effect on rights already acquired by an individual is irreversible.

Consequently, if the right to a pension arose earlier, new restrictions cannot worsen the pensioner’s situation.

What does lifting the restriction mean?

The pension amount may increase:

• twice,
• three times,
• and sometimes even more,

since the actual calculated amount of the flight crew pension often significantly exceeds the established limit.

Procedure for lifting restrictions

• Preparing a complete set of documents
• Determining the date of eligibility for a pension
• Submitting an application to the Pension Fund
• In case of refusal, file an administrative claim
• Obtaining a new pension calculation

Lawyers accompany clients at all stages, as the Pension Fund often applies general restrictions without taking into account individual circumstances.

Judicial practice

As of 2024-2025, the following trend has emerged:

• Judicial practice regarding recalculation upon transition to an old-age pension is positive, with courts recognizing the right to apply the new average salary indicator.
• Practice regarding lifting the limitation of 10 minimum pensions is also relatively positive if the pension was assigned before 2011.
• Any other claims for “recalculation based on official salaries,” “recalculation due to changes in aviation industry earnings,” or “indexation of special pensions” are not upheld by the courts, as the law does not provide for such recalculation.

Legal assistance with pension recalculation

We support the entire process of recalculating flight test crew pensions:

1. Analysis of the client’s legal situation: we verify the grounds for pension assignment, dates, service history, and pilot documents.
2. Determining which recalculation is available to the client: we choose between transitioning to an old-age pension or lifting the restriction.
3. Document preparation and submission to the Pension Fund: we prepare legally sound applications.
4. Legal support: we challenge the Pension Fund’s illegal actions and achieve the maximum recalculation.
5. Monitoring the actual pension payment: we work until the client receives the full amount.

Flight test personnel are entitled to only two legal types of recalculation:

• Recalculation of pensions upon transition to an old-age pension using the new average salary for the previous three years.
• Removal of the limit of 10 minimum old-age pensions for those who were awarded a service pension before 2011.

Both options allow for a significant increase in pension benefits. Court practice in these categories is consistently positive, and legal support significantly increases the chances of a successful outcome.

If you need legal assistance with pension recalculation, we are ready to handle your case from start to finish and achieve your desired outcome.