Switching from a Long-Service Pension to an Old-Age Pension in Ukraine

Switching from a Long-Service Pension to an Old-Age Pension through Court Proceedings: The Role and Services of a Lawyer

Population ageing and changes in social security systems have made pension reform an important issue in many countries. One of the key aspects of this process is switching from a long-service pension to an old-age pension. In some cases, obtaining the correct pension calculation requires legal assistance and court proceedings against the Pension Fund of Ukraine.

A long-service pension and an old-age pension are two different types of pension benefits. The former is based primarily on the required length and nature of employment, while the latter is associated with reaching the statutory retirement age and having the required insurance record. Switching from one type of pension to another may involve complex legal issues and require professional legal analysis and representation in court.

Why should you contact a lawyer from our firm?

There are several reasons to seek legal assistance when switching from a long-service pension to an old-age pension. Where the correct pension calculation can only be achieved through court proceedings, a lawyer can represent the client, prepare the necessary legal documents and challenge the actions or decisions of the Pension Fund of Ukraine. 

In practice, obtaining an increased pension without court proceedings may be impossible. Unfortunately, when switching from a long-service pension to an old-age pension, the Pension Fund of Ukraine may apply the average salary (income) in Ukraine that was previously used to calculate the long-service pension instead of applying the average salary in Ukraine for the three calendar years preceding the year in which the person becomes entitled to the old-age pension. 

Our lawyers have successfully handled similar pension cases on numerous occasions and achieved the required results for our clients.

The unlawfulness of this approach by the Pension Fund of Ukraine is confirmed by court practice.

Where a person was previously granted a pension under the Law of Ukraine “On Pension Provision” and subsequently applies for an old-age pension under the Law of Ukraine “On Compulsory State Pension Insurance”, the average salary indicator used to calculate the old-age pension should be determined on the basis of the calendar years preceding the year in which the new type of pension is granted. This is because the old-age pension is provided for under a different law from the pension previously granted to that person.

As an example, you can review a positive court judgment in a case successfully handled by the lawyers of our firm at the following link: https://reyestr.court.gov.ua/Review/115035762.

Switching from a long-service pension to an old-age pension through court proceedings is a complex legal process in which the assistance of an experienced pension lawyer can be crucial. A lawyer can analyse the pension calculation, determine whether the Pension Fund has applied the correct average salary indicator, prepare a claim and represent the client’s interests in court. Professional legal assistance can therefore help pensioners protect their rights and obtain the pension amount to which they are legally entitled. 

Our lawyers are ready to provide a full range of legal services related to switching from a long-service pension to an old-age pension and to help you obtain the highest pension amount available under Ukrainian law.