Chernobyl Pension at Age 60: Is a New Old-Age Pension Calculation Possible?

Court disputes with the Pension Fund of Ukraine (PFU) are not uncommon today. They arise particularly often in cases involving the granting of an old-age pension after Chernobyl, recalculation of a pension upon reaching the age of 60, or refusal to grant an old-age pension again. A recent decision of the Supreme Court in case No. 400/5538/24 clearly demonstrates how complex the interpretation of pension legislation can be even for experienced lawyers, let alone ordinary citizens.

The claimant, a person affected by the Chernobyl disaster, was granted a pension with a reduced retirement age back in 2014 pursuant to Article 55 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster.” After reaching the age of 60, he applied to the Pension Fund for the re-granting of an old-age pension, believing that he was now entitled to a new calculation using the average salary for pension calculation purposes for the three preceding years (2021–2023).

However, the PFU refused, arguing that the claimant was already receiving an old-age pension, although granted on preferential terms. Therefore, his application did not constitute a “new granting of a pension,” but merely an attempt to transfer from one type of pension to another, which is not provided for by law in such circumstances.

The courts at all levels, from the district administrative court to the Supreme Court, supported the position of the Pension Fund. The Supreme Court stated that a pension granted under Article 55 of the Chernobyl Law is the same type of old-age pension as that provided for by the Law of Ukraine “On Compulsory State Pension Insurance.” The only difference is that persons affected by the Chernobyl disaster have the right to early retirement, rather than the right to a separate type of pension. Accordingly, reaching the age of 60 does not create a new entitlement to an old-age pension and, therefore, there are no grounds for granting the pension again using a new average salary indicator.

The Court also distinguished between situations where a new pension may be granted, for example, when switching from a long-service pension to an old-age pension, and situations involving only a transfer from one type of pension to another within the framework of the same law. In the case of persons affected by the Chernobyl disaster, the latter approach applies.

Thus, the Supreme Court ultimately confirmed the lawfulness of the PFU’s refusal to grant the pension again, emphasizing that the Pension Fund had acted within its powers and in accordance with applicable legislation.

Many such disputes arise because of an incorrect interpretation of pension legislation or a misunderstanding of the difference between “re-granting a pension” and “transferring to another type of pension.” Citizens often expect that after reaching the age of 60 they will automatically become entitled to a new pension calculation using the current average salary indicator for pension calculation purposes. However, this is not always the case. Everything depends on the specific law under which the pension was originally granted and the type of pension benefits involved.

This is why, without an in-depth understanding of pension legislation, it is easy to make a serious mistake at the stage of applying to the Pension Fund or preparing a claim for court proceedings.

A competent lawyer specializing in pension disputes can help you:

1. Assess the prospects of your case. A lawyer will determine whether your situation involves the granting of a new pension, a pension recalculation, or a transfer to another type of pension.
2. Properly prepare an application to the PFU. An incorrectly formulated request or reliance on an inappropriate provision of law may result in a refusal.
3. Challenge a decision of the Pension Fund. If a refusal has already been issued, a lawyer can properly prepare a court claim and substantiate it with reference to current case law.
4. Ensure the correct calculation of the pension. In some cases, the PFU formally grants a pension but calculates it incorrectly, for example, by failing to take into account certain periods of insurance record or by incorrectly determining the average salary indicator.

This Supreme Court decision once again emphasizes that pension disputes are among the most complex areas of administrative law. Even persons entitled to preferential pension benefits due to their Chernobyl status may face bureaucratic obstacles and conflicting interpretations of legislation.

To avoid an unlawful refusal to grant or recalculate a pension, it is advisable to seek professional advice in advance. Our lawyers have experience in cases involving:

• granting pensions to persons affected by the Chernobyl Nuclear Power Plant disaster and Chernobyl cleanup workers;
• pension recalculation;
• challenging decisions of the Pension Fund;
• transferring from one type of pension to another;
• disputes concerning the determination of the average salary indicator used for pension calculations.

Professional legal assistance not only helps ensure that all procedures are followed correctly but also provides an effective means of protecting your pension rights.