How Heirs Can Recover an Unpaid Pension After a Pensioner’s Death in Ukraine

Due to the unstable situation in eastern Ukraine, many pensioners have faced difficulties receiving pension payments to which they are entitled. If a person permanently resides in a territory not controlled by the Ukrainian authorities, the Pension Fund may suspend pension payments while the pension itself continues to be accrued. The legality of such actions may be disputed, but this problem has affected many pensioners. Pension payments may be restored, including through court proceedings where necessary.

Inheritance of pension payments that were not received by a pensioner during their lifetime

1. Out-of-court procedure

There are several legal mechanisms for obtaining pension payments that remained unpaid at the time of a pensioner’s death. If an heir knows that the deceased pensioner had not received pension payments for a certain period, the heir may apply to the Pension Fund of Ukraine for payment of the outstanding pension amounts.

The amount that may be obtained directly from the Pension Fund depends on the circumstances of the case, the period for which the pension remained unpaid and the legal mechanism used to claim the funds. If the Pension Fund refuses to pay all outstanding amounts, the heir should analyse the grounds for the refusal and determine whether the remaining pension debt can be recovered through court proceedings.

2. Recovery through court proceedings

Ukrainian court practice contains decisions protecting the rights of heirs in disputes concerning pension payments that were accrued but not received by a pensioner during their lifetime. In cases involving pensioners who lived in territories temporarily outside the control of the Ukrainian authorities, the Pension Fund may refuse to pay part of the outstanding pension and refer to statutory limitations on the payment of pension arrears.

However, such a refusal is not necessarily lawful. The circumstances that prevented a pensioner from receiving payments during their lifetime must be assessed individually, particularly where the non-payment resulted from circumstances beyond the pensioner’s control.

In such cases, heirs may challenge the Pension Fund’s refusal in court and seek recovery of the unpaid pension amounts to which the deceased pensioner was entitled.

Before filing a claim, it is important to determine the exact amount of the pension debt, analyse the Pension Fund’s decision or response, examine the inheritance documents and establish the legal basis on which the outstanding pension should be paid to the heir.

Our lawyers have experience handling disputes concerning unpaid pension amounts after the death of a pensioner, including cases involving pensioners from the temporarily occupied territories of Ukraine. We can analyse the documents, communicate with the Pension Fund of Ukraine and, where necessary, represent the heir in court to recover outstanding pension payments.