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.
Statement of claim for refusal to assign a pension
Receiving a pension is an important stage that provides a person with a stable income in old age. However, the Pension Fund of Ukraine often refuses to grant a pension, justifying its decision with formal reasons or the lack of confirmation of the insurance period. This situation may seem hopeless, but in fact it is subject to appeal. A lawsuit to refuse to grant a pension is an effective way to protect your rights if all other options have been exhausted. In this article, we will consider why confirmation of the insurance period is a key factor, what are the ways to prove it, and why the legal path is often more profitable than obtaining additional certificates.
What is the insurance period and how to confirm it?
Insurance period is the period during which an employee paid contributions to the Pension Fund. According to the Law of Ukraine “On Compulsory State Pension Insurance“, it is the insurance period that is the key factor that determines a person’s right to receive a pension and affects its size.
Until January 1, 2004, insurance period was confirmed exclusively by entries in the work book. This means that entries on hiring, transfer or dismissal had to be made clearly, in accordance with current legislation. However, after the specified date, the accounting system changed – now all data on the payment of contributions by employers and employees are recorded in the register of personalized accounting of the Pension Fund of Ukraine.
How to confirm insurance experience?
- Work book
The main document for confirming experience until 2004. Entries must be:
- Done in accordance with the legislation.
- Certified by the seal of the enterprise and the signature of the manager.
- Clear and without corrections.
- Additional documents (if entries in the work book are missing or incorrect):
- Extracts from orders on acceptance and dismissal.
- Certificates from the archive or enterprise.
- Salary information.
- Data from the register of insured persons.
- Witness testimony
If documents are lost due to the liquidation of the enterprise or other force majeure, the experience can be confirmed by the testimony of two witnesses.
“The length of service may be established on the basis of the testimony of at least two witnesses who worked at the same enterprise with the person” – Resolution of the Cabinet of Ministers of Ukraine № 637 of 12.08.1993
Typical reasons for refusal of the Pension Fund
Most often, the reason for refusal is related to problems in confirming the insurance period or non-compliance of documents with the established requirements:
- Insufficient insurance period
One of the most common reasons for refusal is the failure to count part of the insurance period. This can happen due to the lack of necessary documents confirming periods of work, or due to their incorrect registration. Problems also arise if the employer did not pay insurance premiums, although the employee was officially employed.
- Problems with the work book
The work book, as the main document for confirming the length of service until 2004, often contains errors:
- Incorrectly drawn up records of acceptance or dismissal.
- Absence of the company seal or signature of the manager.
- Corrections or entries that are not properly certified.
Such shortcomings can be grounds for refusal to count the length of service.
- Lack of archival data
If the company where the applicant worked was liquidated and his data was not transferred to the archive, it may be difficult to confirm the length of service. In such cases, additional documents are required, for example, certificates from archival institutions or witness statements.
Why is going to court a more effective solution?
Although confirmation of insurance length of service through certificates or archives is possible, this path can be long and unpredictable. In such cases, going to court has a number of advantages.
Advantages of judicial proceedings:
- Direct recognition of the right
The court may oblige the Pension Fund to credit the length of service or assign a pension even in the absence of certain documents.
- Consideration of additional evidence
The court accepts witness statements, and also takes into account any documents confirming the applicant’s work.
- Legal support
Involving a qualified lawyer allows you to avoid errors in the preparation of evidence.
How to draw up a statement of claim for refusal to grant a pension?
A statement of claim is a legal document by which the applicant applies to the court to protect his rights. It must be drawn up in accordance with the norms of the Code of Administrative Procedure of Ukraine.
Structure of the statement of claim:
- Document header
- Name of the court.
- Details of the plaintiff and the defendant (Pension Fund).
- Description of the circumstances of the case
- Briefly the issue: date of filing the application, decision of the Pension Fund, reasons for refusal.
- Justification of the illegality of the refusal.
- Grounds for the claim
- Reference to legislation (Constitution of Ukraine, Law “On Compulsory State Pension Insurance”).
- Claimant’s requirements
- Recognize the actions of the Pension Fund as illegal.
- Require the appointment of a pension.
- Attachments
- Copies of documents confirming the length of service.
- Copy of the decision of the Pension Fund.
- Other evidence.
Recommendations for applicants
- Check all documents before applying to the Pension Fund.
- If you find errors in your work book, correct them using archives or testimony.
- If the Pension Fund refuses, do not delay in going to court.
- Hire a lawyer to help you prepare a statement of claim and represent your interests in court.
Why should you contact specialists?
If you are faced with a refusal to assign a pension or problems with confirming insurance experience, do not risk solving it yourself. The specialists of the law firm “Prіkhodko&Partners” have many years of experience in the field of pension law and are ready to protect your rights effectively, reliably and safely.
Advantages of contacting us:
- Professional approach
- Experience in pension cases
- Saving time and nerves
- Personalized solution
- Security guarantee
How do we work?
- You contact us, and we analyze your situation in detail.
- We help collect all the necessary evidence to confirm the experience and file a claim.
- We represent your interests in court and ensure an effective resolution of the case.
Our goal is not just to win the case, but to provide you with a proper pension. To get legal advice on pension matters, fill out the form on the website or call the lawyer at the number on the lawyer’s card.
Calculate the cost of services
1 question
Did you apply to the PFU and get rejected?
2 question
Do you have a written refusal from the Pension Fund?
3 question
Do you need legal assistance in calculating pensions?
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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