Lawyer
Lawyer practicing pension law. Specializes in the field of recalculation of pensions of military personnel, persons affected by the accident at the Chernobyl nuclear power plant, confirmation of seniority and crediting of preferential seniority.
Recalculation of pensions for the Ministry of Internal Affairs
Pension recalculation for retirees of the Ministry of Internal Affairs of Ukraine remains one of the most pressing and challenging issues in pension provision. Despite numerous legislative changes, government decrees, and court decisions, the procedure for determining pension amounts, sources of confirmation of payment components, and recalculation mechanisms often pose challenges for both retirees and the Pension Fund of Ukraine. Our law firm specializes in pension provision for law enforcement agencies, particularly former employees of the Ministry of Internal Affairs, police, and other agencies, and provides comprehensive legal support for pension recalculation procedures for all categories of pensioners within the Ministry of Internal Affairs system.
Pension recalculation is carried out based on the Law of Ukraine “On pension provision for persons discharged from military service and certain other persons” № 2262-XII, as well as relevant Cabinet of Ministers of Ukraine regulations governing the structure and amounts of pensions. The key document for recalculation is the certificate of financial support, which contains information on the official salary, salary for a special rank, monthly additional types of pensions, and bonuses.
Below is a detailed description of the main aspects of our service and the legal mechanisms used to recalculate pensions for former employees of the Ministry of Internal Affairs.
Certificate of financial support from the Ministry of Internal Affairs
The salary certificate is the primary document determining the basis and amount of pension recalculation for retired Ministry of Internal Affairs personnel. It is on this basis that the Pension Fund authorities update the pension amount in accordance with the current amounts of monetary support for individuals who are currently serving in similar positions in the Ministry of Internal Affairs system.
The certificate must contain:
- Basic salary
- Salary based on special rank
- Percentage bonus for length of service
- Monthly additional types of monetary benefits (bonuses, allowances, increases)
- Average bonus for the corresponding position
Since 2018, the procedure for generating certificates has changed several times. Specifically, the key regulations are:
- Cabinet of Ministers Resolution № 704 of August 30, 2017 (salary provisions for military personnel, rank-and-file personnel, and command staff),
- Cabinet of Ministers Resolution № 988 of November 11, 2015 (police officer salary structure),
- Cabinet of Ministers Resolution № 1294 of November 7, 2007 (salary provisions until new approaches are adopted).
Important: for former police officers, recalculation is based on the police officer salary requirements established by Resolution № 988. This provision has been confirmed by numerous positive judicial decisions, including those of the Supreme Court.
Our company helps:
- obtain or update a certificate of financial support,
- verify its accuracy,
- appeal illegal actions by the Ministry of Internal Affairs or liquidation commissions,
- ensure the inclusion of all necessary allowances and bonuses.
Recalculation of pensions for former police officers
Currently, pension recalculations for former police officers are based on the current salary components of police officers currently serving in the relevant positions. This follows directly from the provisions of Law № 2262 and has been confirmed in numerous Supreme Court case law.
Former police officers may receive both automatic and judicial pension recalculations in cases where the Pension Fund refuses to take into account updated salary amounts or does not recognize the salary certificate.
We provide full legal support, including:
- document collection,
- preparation and submission of applications to the Pension Fund,
- assistance in obtaining a certificate,
- development of a legal position,
- representation in court to ensure proper pension recalculation,
- monitoring the enforcement of court decisions,
- eliminating restrictions on pension provision.
The result of the recalculation is:
- updated pension amount in accordance with the current pension provision,
- payment of arrears for the previous period (for recent years).
Recalculation of police pensions: judicial practice
Unfortunately, judicial practice regarding pension recalculations for current and former police officers is consistently negative. This is because police legislation does not provide a mechanism for updating salary certificates for pension recalculation, as the National Police has no legally approved changes to salaries and additional payments that could serve as grounds for recalculation.
The Supreme Court’s key positions:
- NPU Resolution № 260 of April 6, 2016, does not provide for salary increases, but only defines the structure of compensation.
- Changes in allowances or bonuses do not constitute grounds for recalculation.
- There are no new regulations that would change the basic components of police compensation.
Therefore, recalculating pensions for former police officers is currently legally impossible, and all legal disputes end in denials, even with certificates issued by police agencies to certain categories of individuals.
Therefore, we honestly inform our clients:
- recalculation of pensions for former police officers is possible;
- recalculation of pensions for police officers is not provided for by law.
Removing the pension limit (10 subsistence minimums)
An important area of our work is lifting the maximum pension cap, which is set at 10 subsistence minimums. This cap was introduced by the Law of Ukraine “On amendments to certain legislative acts of Ukraine” in 2015 and applies to most pensions assigned under Law № 2262.
However, judicial practice in this category of disputes has been consistently positive. The Supreme Court has established in a number of rulings:
- the maximum pension limitation under Law № 2262 does not apply to individuals who became eligible for a pension before the restrictions were introduced;
- the right to a pension is guaranteed by the Constitution of Ukraine and cannot be restricted by retroactive legislative amendments;
- the Pension Fund of Ukraine is obligated to pay the pension in full, taking into account the actual amount, without applying an upper limit.
After the restriction is lifted:
- the pension is paid in full,
- any underpayment for the previous period (up to three years) is compensated,
- Pension Fund authorities undertake to ensure continuous payments.
Our law firm:
- analyzes the pension case,
- prepares a substantiated application to the Pension Fund,
- if necessary, files an administrative claim,
- supports the process until the actual payment of the full pension amount,
- obtains payment of the arrears through the Treasury.
Professional support in recalculating Ministry of Internal Affairs pensions
Our law firm specializes in pensions for law enforcement agencies. With years of experience and a deep understanding of the law and case law, we guarantee the most effective results.
We undertake:
- obtaining a certificate of financial support,
- recalculating pensions for former police officers,
- restoring full pensions,
- removing illegal restrictions,
- court support and enforcement of decisions,
- compensation for underpaid amounts.
You receive not just legal advice, but full, comprehensive support from the first request to the actual payment of an updated, fair pension.
Calculate the cost of services
1 question
Are you a pensioner of the Ministry of Internal Affairs?
2 question
Did you retire before 2016?
3 question
Have you already contacted the Pension Fund about recalculating your pension?
4 question
Do you need legal assistance regarding the recalculation of your MIA 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.
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Certificate of financial support from the Ministry of Internal Affairs
Recalculation of pensions for former police officers
Recalculation of police pensions: judicial practice
Removing the pension limit (10 subsistence minimums)
Professional support in recalculating Ministry of Internal Affairs pensions