How to Restore a Ukrainian Pension While Living in Australia
Many Ukrainian pensioners are now choosing to relocate permanently abroad, particularly to Australia. However, moving to Australia is often accompanied by difficulties in receiving a Ukrainian pension. The Pension Fund of Ukraine (PFU) frequently suspends pension payments, citing the pensioner's failure to appear in person or other formal requirements. Nevertheless, court practice has significantly shifted in favor of protecting the rights of Ukrainian citizens.
Until 2009, Article 49 of the Law of Ukraine No. 1058-IV "On Mandatory State Pension Insurance" allowed pension payments to be suspended for the entire period during which a pensioner resided abroad, unless otherwise provided by an international treaty. This provision discriminated against thousands of Ukrainians who emigrated. In Decision No. 25-rp/2009, the Constitutional Court of Ukraine declared this provision unconstitutional. The Court clearly held that the right to a pension is a constitutional right and cannot depend on a person's place of residence. As a result of this decision, relocating to Australia—or to any other country—is no longer a lawful basis for suspending pension payments. The Pension Fund of Ukraine is required to continue accruing and paying pensions to Ukrainian citizens regardless of where they reside.
Despite this, the Pension Fund of Ukraine frequently ignores this legal position in practice. Pensioners who have moved to Australia often receive refusals based on their alleged failure to appear personally before a regional office of the PFU in Ukraine. Such refusals are usually justified by identity verification requirements, even though Ukrainian legislation permits alternative methods of confirming both the pensioner's identity and proof of life.
In such circumstances, it is entirely possible to apply to the Pension Fund by post. A pensioner may send a written application for the restoration of pension payments by registered mail or insured mail together with copies of their passport, pension certificate, proof of address in Australia, and a certificate confirming that they are alive (for example, issued by an Australian notary public or the Consulate of Ukraine). The application should also include the IBAN details of a Ukrainian bank account. Many Ukrainian banks, including PrivatBank and Oschadbank, allow accounts to be opened remotely or through an authorized representative.
It is important to note that payment of pensions to a Ukrainian bank account using an IBAN is standard practice for pensioners living abroad. The Pension Fund transfers pension payments to the specified account every month without requiring the pensioner to be physically present in Ukraine. This approach is confirmed by official explanations issued by the Pension Fund as well as by established court practice. Nevertheless, the PFU frequently rejects such applications solely because the pensioner has not appeared in person. This position directly contradicts Decision No. 25-rp/2009 of the Constitutional Court of Ukraine and the Constitution of Ukraine, as it violates the principle of equality regardless of a person's place of residence.
If the Pension Fund refuses to restore pension payments, judicial protection becomes the only effective remedy. A notable example is the court decision available at: https://reyestr.court.gov.ua/Review/113500256. In that case, a pensioner who had relocated to Australia submitted an application by post requesting the restoration of pension payments. The Pension Fund refused the application because the pensioner had not appeared in person. The court upheld the claim and ordered the Pension Fund to restore the pension in full from the date when the payments had originally been suspended.
Importantly, the court ordered restoration of pension payments without applying the usual three-year limitation period on recovering pension arrears. In other words, the pensioner became entitled to recover the entire amount of unpaid pension rather than only the payments accrued during the last three years. The court expressly held that the unlawful suspension of pension payments under an unconstitutional legal provision could not limit the pensioner's rights.
According to the legal position of the Supreme Court of Ukraine, where pension payments were unlawfully suspended either before or after 2009, the pension arrears must be calculated for the entire period of non-payment. The ordinary three-year limitation applies only to lawful situations and cannot be relied upon where the Pension Fund's actions were discriminatory or unlawful. In the Australian case, the court emphasized that the pensioner was entitled to recover the full accumulated amount, not merely a portion of it. This principle is particularly important for Ukrainians who left the country many years ago.
Therefore, current court practice clearly confirms that the right to a Ukrainian pension does not depend on the pensioner's country of residence and that unlawful actions by the Pension Fund of Ukraine can be effectively challenged and overturned through judicial proceedings.
