Chornobyl Pension Recalculation: Supreme Court Protects Existing Pension Rights
Analysis of the Supreme Court Judgment of 4 November 2024 in Case No. 240/30679/23
The Supreme Court judgment of 4 November 2024 in case No. 240/30679/24 highlights important aspects of the application of pension legislation to persons affected by the Chornobyl disaster. The main dispute concerned the claimant’s right to have her pension recalculated in accordance with the legal provisions that were in force at the time her pension was initially granted, without applying subsequent legislative amendments.
The claimant challenged the refusal of the Pension Fund of Ukraine to recalculate her pension by including an additional payment for years of service exceeding the statutory requirement. Her claims were based on the version of paragraph 2 of Article 56 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” (hereinafter – Law No. 796-XII) that was in force before the amendments introduced in 2017.
The court of first instance dismissed the claimant’s claims, referring to amendments to the legislation. Following consideration of the claimant’s appeal against that judgment, the appellate court overturned the decision of the court of first instance.
The pension authority disagreed with the appellate court’s judgment and lodged a cassation appeal with the Supreme Court.
The Pension Fund argued that the application of the amended provisions of the law was lawful. However, it failed to provide convincing evidence demonstrating the legality of its refusal to recalculate the pension. Its position also failed to take into account decisions of the Constitutional Court of Ukraine that prohibit the deterioration of citizens’ legal position as a result of legislative amendments.
The Supreme Court upheld the judgment of the appellate court and found the actions of the Pension Fund unlawful.
In its judgment, the Supreme Court confirmed that the State must comply with its obligations towards citizens affected by the Chornobyl disaster. The special legal status of such persons includes not only entitlement to certain payments but also stability in the conditions under which those payments are provided. The cancellation or restriction of existing benefits without equivalent replacement is contrary to Article 22 of the Constitution of Ukraine.
The Supreme Court emphasised that legislative amendments cannot worsen the position of persons who have already acquired the right to certain payments or benefits. This approach strengthens legal certainty and citizens’ confidence in the State.
The Court based its position on Articles 16, 22, 46 and 58 of the Constitution of Ukraine, which emphasise the State’s obligation to provide social protection to persons whose health has been affected by man-made disasters.
The Supreme Court noted that the Pension Fund had failed to take proper account of the special legal status of persons affected by the Chornobyl disaster. The cancellation of additional payments without taking into account the circumstances of such persons may be regarded as a departure from the State’s social obligations.
The Court noted that previous Supreme Court decisions concerning the application of Law No. 796-XII were inconsistent with the constitutional principles prohibiting the restriction of existing rights and requiring the State to comply with its social obligations. The absence of a clear and consistent judicial approach demonstrates the need for further legal regulation in this area.
This Supreme Court judgment is an important step towards protecting the rights of citizens affected by the Chornobyl disaster and deserves a positive assessment. At the same time, its implementation should be accompanied by systemic changes in approaches to social policy and the protection of citizens’ rights.
However, as practice demonstrates, when considering applications for pension recalculation, particularly those submitted by persons affected by or involved in the liquidation of the consequences of the Chornobyl disaster, the Pension Fund of Ukraine may disregard the legal conclusions of the Supreme Court and the Constitutional Court of Ukraine, thereby violating pensioners’ rights.
In such circumstances, court proceedings may become the only effective way to achieve justice. However, effective protection of one’s rights requires properly selected and qualified legal representation.
The lawyers and attorneys of the Pension Center have many years of experience in judicial protection of the rights of persons affected by the Chornobyl disaster to the payments to which they are legally entitled and can provide highly qualified professional legal assistance.
If you are looking for effective legal solutions that work, contact us today.
