Chornobyl Pension in Ukraine: How We Challenged PFU Refusals in Court
Persons affected by the Chornobyl disaster, given the serious consequences they have faced, are entitled to special social protection, including preferential pension benefits. However, instead of receiving the benefits guaranteed by law, they often face unjustified refusals by the Pension Fund of Ukraine and are forced to defend their pension rights in court.
Ms. Bilonoh and Ms. Pasko are persons affected by the Chornobyl disaster. They applied to the Pension Fund of Ukraine for old-age pensions with a reduced retirement age under part 2 of Article 55 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster” No. 796-XII dated 28 February 1991 (hereinafter – Law No. 796).
However, both applicants were refused pensions for similar reasons. Ms. Bilonoh was refused on the grounds that she had resided in the zone of enhanced radiological control for only 3 years, 4 months and 9 days, while Law No. 796 required a period of at least 4 years.
The Pension Fund also refused to count certain periods of Ms. Pasko’s residence in the zone of enhanced radiological control because of alleged deficiencies in the certificates submitted to confirm her residence.
We considered the refusals issued by the Pension Fund authorities to be unlawful for the following reasons.
Persons affected by the Chornobyl disaster who permanently resided/reside or permanently worked/work in the zone of enhanced radiological control and who, as of 1 January 1993, had resided or worked in that zone for at least 4 years may be entitled to an old-age pension with a reduced retirement age.
According to Article 65 of Law No. 796, the documents confirming the status of citizens affected by the Chornobyl disaster and entitling them to the benefits established by that Law include the certificates “Participant in the Elimination of the Consequences of the Chornobyl Nuclear Power Plant Accident” and “Person Affected by the Chornobyl Disaster.”
Accordingly, the certificates issued to the applicants as persons permanently residing or working in the territory of enhanced radioecological control constituted important evidence confirming their status and the circumstances relevant to their entitlement to benefits under Law No. 796, including their residence in the relevant territory for the required period as of 1 January 1993.
Therefore, the applicants argued that their certificates provided sufficient grounds for exercising their right to an old-age pension with a reduced retirement age under the applicable provisions of Chornobyl legislation.
Consequently, the Pension Fund’s reliance on alleged deficiencies in, or the absence of, other primary documents confirming the applicants’ residence in the zone of enhanced radioecological control could not, in the circumstances of these cases, constitute sufficient grounds for refusing the pensions.
Given the lack of sufficient legal grounds for the refusals, we challenged the decisions of the Pension Fund before the administrative courts.
Following consideration of the cases, the courts granted almost all of our claims. In particular:
1) the decisions of the Pension Fund authorities were declared unlawful and set aside;
2) the courts ordered the Pension Fund authorities to grant the applicants old-age pensions with a reduced retirement age.
