Chornobyl Pension: Court Confirmed a 9-Year Reduction in Retirement Age

The Court Confirmed the Right of a Category 2 Person Affected by the Chornobyl Nuclear Power Plant Accident to a Pension with a Reduced Retirement Age.

On 7 July 2025, the Eighth Administrative Court of Appeal in Lviv issued a judgment in case No. 140/12553/24, upholding the decision of the Volyn District Administrative Court, which had fully granted the claim prepared by our company’s lawyer on behalf of a person affected by the Chornobyl disaster.

The court conclusively confirmed our client’s right to an old-age pension with the retirement age reduced by 9 years pursuant to Article 55 of Law of Ukraine No. 796-XII “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster”.

Our client is a resident of Poliske, Kyiv Region, who had permanently lived in the zone of unconditional (mandatory) resettlement since the Chornobyl Nuclear Power Plant accident. Upon reaching the applicable age, he applied to the Pension Fund for an old-age pension with a 9-year reduction in the statutory retirement age.

Despite having all the necessary documents, including a certificate confirming his status as a citizen who permanently resided in the zone of unconditional (mandatory) resettlement (Category 2), the Pension Fund refused to grant the pension, claiming that the required supporting documents had not been provided.

Our company’s lawyer proved in court that:

• the client holds a certificate confirming his status as a person affected by the Chornobyl disaster, issued in 1992, which is the official document confirming his status and entitlement to the corresponding benefits;
• his residence in the zone of unconditional resettlement was confirmed by a number of certificates and archival documents, which the Pension Fund was required to verify independently rather than placing this obligation entirely on the applicant;
• according to the legal position of the Supreme Court, failure by the Pension Fund to properly verify documents cannot serve as grounds for restricting a person’s constitutional right to a pension.

The lawyer successfully demonstrated that the client had lived in the zone of unconditional resettlement for more than five years (from 1986 to 1996) and was therefore entitled to the maximum reduction of the retirement age – 9 years.

The Volyn District Administrative Court declared the Pension Fund’s refusal unlawful and ordered the pension authority to grant the client an old-age pension with the retirement age reduced by 9 years.

The appellate court – the Eighth Administrative Court of Appeal – agreed with the arguments presented by our lawyer and upheld the judgment of the court of first instance without changes.

As a result, the judgment entered into legal force, restoring the client’s right to pension benefits.

This case once again demonstrates that the Pension Fund may refuse to recognise the pension rights of people affected by the Chornobyl disaster on formal grounds. Our task is to demonstrate, through the applicable law and supporting evidence, that the pensioner is legally entitled to the relevant benefits.

Our company has extensive successful experience in cases where the Pension Fund unlawfully refuses to reduce the statutory retirement age or grant pensions to people affected by the Chornobyl Nuclear Power Plant accident.

If the Pension Fund has refused to grant you an old-age pension or to reduce your retirement age based on your Chornobyl status, you have the right to challenge such a decision and protect your pension rights.

Our lawyers can provide professional assistance with:

• collecting the necessary documents;
• challenging an unlawful refusal by the Pension Fund;
• obtaining the granting or recalculation of a pension through court proceedings.