How Former Prosecutors Can Recalculate Their Pension in Ukraine
According to the circumstances of the case, a man who had worked in the prosecutor’s office for many years retired in 2010. His pension was granted under the legislation on the prosecutor’s office that was in force at that time. Since pensions granted to former prosecutors were subject to recalculation following increases in the remuneration of serving prosecutors, in 2019 the pensioner applied to the Pension Fund of Ukraine requesting a recalculation of his pension. The Pension Fund refused, arguing that there were no legislative acts confirming an increase in the salaries of prosecutors that could serve as grounds for recalculation.
The legal framework governing prosecutors changed substantially in 2015. As a result, certain issues, including the procedure for recalculating pensions previously granted to prosecutors, remained unresolved. The authority to establish the relevant recalculation procedure had been transferred to the Cabinet of Ministers of Ukraine, but the necessary mechanism was not introduced. In 2019, the Constitutional Court of Ukraine found the relevant legislative regulation unconstitutional and restored the effect of provisions governing the recalculation of pensions for former prosecutors.
When considering the dispute, the court concluded that the Pension Fund was required to take into account changes in the remuneration of serving prosecutors when recalculating pensions previously granted to former prosecutors. The court also noted that, in determining the appropriate amount for recalculation, the Pension Fund should take into account other applicable legislation, including resolutions of the Cabinet of Ministers regulating the remuneration of prosecutors.
What did the court decide regarding the recalculation of prosecutors’ pensions?
In the relevant model case, the court concluded that, taking into account Decision No. 7-r(II)/2019 of the Constitutional Court of Ukraine, former prosecutors who became entitled to pension recalculation could apply to the Pension Fund following the Constitutional Court’s decision of 13 December 2019. When considering such applications, the Pension Fund must apply the legislation governing the relevant legal relations and take into account the applicable changes in prosecutors’ remuneration.
At the same time, the date from which the recalculated pension is payable and the period for which pension arrears may be recovered depend on the statutory rules applicable to the particular circumstances. In cases where the legislation provides for a 12-month limitation on payment of the difference resulting from recalculation, this limitation must be distinguished from the pensioner’s substantive right to have the pension itself recalculated.
Therefore, former prosecutors whose pensions were granted under the legislation previously in force may have grounds for recalculation following changes in the remuneration of serving prosecutors. If the Pension Fund refuses to carry out the recalculation despite the existence of the relevant legal grounds, its decision may be challenged before an administrative court.
