Frequently Asked Questions

Have Your Pension Been Calculated Correctly? Verification of Insurance Record and Pension Calculation

Have you ever wondered whether your pension has been calculated correctly? If you have any doubts regarding the accuracy of your pension amount or the calculation method used, we offer a professional Pension Calculation Verification service.

Under Ukrainian law, several factors affect the amount of pension benefits. One of the most important is the length of your insurance (employment) record. Therefore, it is essential to determine whether your entire employment history was taken into account when your pension was granted. The pension application process involves numerous legal and procedural nuances that require professional knowledge and experience.

In particular, pension calculations are generally based on the insured person's earnings (income) received throughout the insurance period beginning July 1, 2000. However, at the pensioner's request and subject to supporting salary documentation, the Pension Fund may also take into account earnings for any consecutive 60 calendar months of employment prior to June 30, 2000, regardless of interruptions in employment. The same rule applies where the insurance period accumulated after July 1, 2000, is less than 60 months.

To determine whether your pension has been calculated correctly, it is important to understand the components of the calculation and the methodology applied by the Pension Fund. Our pension lawyers will review the legality of every stage of the calculation process, verify the methodology used, and independently assess the accuracy of your pension amount. Our professional review serves as an effective safeguard of your pension rights.

Upon your request, we can:

obtain copies of your pension file;
request the official calculation of your insurance record and earnings used when your pension was granted;
verify your employment history and salary using original supporting documents;
analyze all pension recalculations, supplements, allowances, and benefit increases granted throughout the entire period during which you have been receiving your pension.

The information we require from you is minimal—only your passport details and taxpayer identification number.

If we discover that the Pension Fund has violated your rights or made errors in calculating your pension, we will assist you in ensuring that your pension is recalculated in accordance with the law and that you receive all pension amounts that were previously underpaid.

We also remind you that, under the Constitution of Ukraine, pensions and other social benefits that constitute a person's primary source of livelihood must guarantee a standard of living that is not lower than the subsistence minimum established by law.

As of January 1, 2017, the statutory subsistence minimum for a person who has lost working capacity was UAH 1,247 per month.

If your pension is lower than this amount and pension payments are your only source of income, you may have legal grounds to seek protection of your rights before a court.

How to Obtain or Recalculate a Pension Through Court Proceedings

Disputes concerning pension rights may be resolved either by the Pension Fund of Ukraine or through the courts.

A complaint against a decision made by the authority responsible for granting a pension may be submitted personally by the applicant, by a legal representative, or by an authorized representative acting under a power of attorney. It is important to remember that filing an administrative complaint does not deprive the applicant of the right to seek judicial protection.

A complaint may be submitted to a higher-level body of the Pension Fund of Ukraine within one year from the date the disputed decision was adopted, but no later than one month after the applicant became aware of that decision.

The complaint must be submitted in writing, signed by the applicant, and dated.

The Pension Fund is required to review the complaint, adopt a reasoned decision, and send it to the applicant by mail or deliver it personally against signature no later than one month from the date the complaint was received.

When reviewing a complaint, the Pension Fund examines the legality and validity of the challenged decision and adopts one of the following decisions:

dismiss the complaint;
satisfy the complaint in full or in part.

If you disagree with the decision issued upon review of your complaint, you have the right to challenge it before a higher-level body of the Pension Fund within one month after receiving the decision.

Our pension lawyers can assist you with pension disputes of any complexity, including preparing a legally sound administrative complaint.

If the administrative appeal does not produce the desired result, you may protect your rights through court proceedings.

To do so, it is necessary to file a statement of claim with the competent local court, which will open administrative court proceedings in accordance with the rules of administrative justice.

In pension disputes, the general limitation period for bringing a claim is six months, unless otherwise provided by law. This period is calculated from the date on which the individual became aware, or should reasonably have become aware, of the violation of his or her rights.

Naturally, it is advisable to entrust court proceedings to an experienced lawyer who understands the legal requirements governing the form and content of a statement of claim, the commencement of court proceedings, and the litigation process itself.

When representing your interests before the court, our experienced attorneys assume full responsibility for every stage of the proceedings.

Through judicial proceedings, we successfully obtain:

the award of old-age, disability, survivor's, and preferential pensions;
pension recalculations;
recognition of disputed periods of employment and insurance service;
confirmation of pension entitlement where supporting documents are missing;
increases in pension payments from the statutory minimum to the legally guaranteed subsistence level;
restoration of pension payments for Ukrainian citizens residing abroad;
and legal protection in many other pension-related matters.

In resolving pension disputes, we actively rely on the case law of Ukraine's highest courts, as well as the jurisprudence of the European Court of Human Rights concerning the calculation, payment, and recalculation of all categories of pensions.

Whenever a dispute arises concerning the granting or recalculation of a pension, it is always advisable to entrust your case to experienced legal professionals.

How to Increase Your Pension? Alternative Pension Recalculation

In which pension-related matters is it advisable to seek legal assistance?

Let us examine some of the most common situations:

You have previously contacted the Pension Fund but did not receive a clear or well-reasoned response to your request.
You have not yet contacted the Pension Fund but would like to prepare an official request to understand your pension rights and obligations.
You are already receiving a pension and would like to determine whether it is possible to increase the amount of your pension benefits.

You may also require legal advice on a specific issue—for example, how to transfer your pension file to another Pension Fund office, prepare an application or official request, better understand the pension procedure, receive your pension before moving abroad, or resolve many other pension-related matters.

Whatever your pension issue may be, we are ready to help. Timely and professional legal assistance can save you significant time, effort, and unnecessary stress.

What Can We Recommend?

We will carefully review your individual circumstances, analyze your current pension payments, and evaluate opportunities for increasing your pension under one of the following options.

Option 1. Pension Recalculation for Working Pensioners

If you continued working after your pension was granted, you are entitled to apply for a pension recalculation every 24 calendar months. The additional two years of employment will be included in your insurance record.

In this situation, the Pension Fund is required to determine the recalculation method that is most beneficial for you. Depending on your circumstances, the recalculation may be based on:

both your updated insurance record and your salary (including earnings received during the additional two years of employment); or
your insurance record only, where using the more recent salary data would actually reduce your pension because of changes in the salary coefficient.

Option 2. Alternative Pension Recalculation Based on a New Salary Certificate

When a pension is initially granted, the Pension Fund generally considers earnings received throughout the insurance period beginning July 1, 2000.

However, a pensioner may submit supporting documents confirming previous earnings. In addition, if the person accumulated less than 60 months of insurance service after July 1, 2000, it is possible to submit salary information for any consecutive 60 calendar months prior to July 1, 2000, regardless of interruptions in employment.

For example, if you earned a relatively high salary before 2000, you may be able to increase your pension through an alternative recalculation.

What Is Required?

You need to obtain salary records and submit an application to the Pension Fund office where your pension file is maintained.

To simplify the process, our lawyers can:

obtain the necessary employment and salary documents from your former employer, including where the company has been liquidated;
independently calculate your pension using the new salary information;
provide a detailed written legal analysis of the proposed recalculation.

Option 3. Changing to Another Type of Pension

Ukrainian legislation allows individuals to transfer from one type of pension to another.

This option is particularly relevant for:

persons receiving a disability pension who later become eligible for an old-age pension;
pensioners who may qualify for a survivor's pension following the death of a family member.

When changing from one type of pension to another, it is important that the Pension Fund applies the average national salary coefficient for the calendar year preceding the transfer, where required by law.

Additional Supplements, Allowances, and Compensation

Special attention should also be given to additional pension supplements, allowances, compensation payments, and other statutory increases. To obtain these benefits, supporting documents may include:

certificates confirming dependent family members who are unable to work;
documents confirming veteran status or entitlement under the Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection", or confirmation of special merits before the State;
documents confirming rehabilitation status or membership in the family of a rehabilitated person;
evidence that the individual worked, studied, or resided in a designated mountainous area;
a certificate confirming the status of a liquidator of the Chornobyl Nuclear Power Plant accident or a person affected by the Chornobyl disaster;
a forensic medical report confirming that a person's death resulted from participation in the liquidation of the Chornobyl disaster;
documents confirming the award of the honorary title "Honorary Donor of Ukraine" or "Honorary Donor of the USSR" for purposes of establishing the corresponding pension supplement;
a medical advisory commission's conclusion confirming the need for permanent care, for purposes of receiving the appropriate care allowance;
documents confirming the status of a victim of Nazi persecution or a close family member of such a person;
documents confirming the taxpayer identification number (Tax Identification Number) of dependent family members who are unable to work.

A professional legal review of your pension file often reveals opportunities to increase your pension that may otherwise remain unnoticed. Our pension lawyers will evaluate every available legal mechanism to ensure that you receive all pension benefits and supplements to which you are entitled under Ukrainian law.

How to Recover Unpaid Pension Benefits of a Person Who Died in the ATO Conflict Zone

This is a particularly complex legal issue because the territorial offices of the Pension Fund of Ukraine located in the Anti-Terrorist Operation (ATO) zone ceased performing their functions, and in many cases their powers were not officially transferred to other Pension Fund offices.

There are two possible scenarios, depending on whether the deceased person's pension had already been calculated before death.

Option 1. The Pension Was Calculated but Not Paid

This is the less complicated situation.

If the deceased person's family members lived together with the pensioner at the time of death (for example, this may be confirmed by a common registered address of residence), the unpaid pension may be claimed through the territorial office of the Pension Fund where the pension file is maintained.

If the relevant Pension Fund office has not been re-registered or relocated from the temporarily occupied territory, the application should be submitted to the Main Department of the Pension Fund of Ukraine in the Donetsk or Luhansk Region, as appropriate.

If the deceased person's family members did not live together with the pensioner at the time of death, they must first apply to a notary to accept the inheritance and obtain a Certificate of Inheritance Rights before claiming the unpaid pension.

Option 2. The Pension Was Never Calculated

This situation generally requires court proceedings.

In such cases, the Pension Fund will usually refuse payment because the pension had never been officially calculated before the person's death and, according to its position, the right to receive such pension ceased upon the pensioner's death.

Before filing a lawsuit, it is necessary to collect all relevant documents, including:

the Pension Fund's written refusal to pay the pension;
the death certificate;
documents confirming that the deceased was registered with a specific office of the Pension Fund;
documents confirming that the claimant has accepted the inheritance and that inheritance proceedings have been opened.

Such litigation is particularly complex because judicial practice remains inconsistent, while Ukrainian legislation does not provide clear legal regulation for these situations.

For this reason, it is strongly recommended to consult an experienced pension lawyer who can analyze the available documents and evaluate the prospects of successful court proceedings.

When representing your interests before the court, our legal team assumes full responsibility for handling the case. We make every effort to achieve the best possible outcome through judicial proceedings.

As our client, you receive the assurance that your interests will be represented professionally and effectively. We independently handle all matters related to representation before courts of all instances, the Pension Fund of Ukraine, enforcement authorities, and other government agencies, allowing you to avoid direct involvement in the legal process.

In resolving pension disputes, we successfully rely on the case law of Ukraine's highest courts as well as the judgments of the European Court of Human Rights concerning pension rights.

It is always important to remember that when facing a complex pension dispute, the most effective solution is to entrust your case to experienced legal professionals.

Will the pensions of the liquidators of the Chernobyl tragedy be recalculated?

In 2020, the minimum pension for liquidators of the consequences of the Chornobyl Nuclear Power Plant accident, as well as participants in other nuclear exercises, tests, and nuclear accidents, will increase.

A recurring issue in the implementation of social protection policies for liquidators of the Chornobyl disaster is the unlawful refusal of the Pension Fund to recalculate pensions, as an automatic recalculation mechanism has not yet been established.

Individuals who apply for a pension recalculation in accordance with the law often receive refusals based on various reasons that, in most cases, do not correspond to the actual legal requirements.

In November 2016, the claimant submitted an application to the Pension Fund requesting a pension recalculation. However, the application was treated merely as correspondence rather than as a formal application in accordance with the law, and the Pension Fund refused to recalculate the pension.

The claimant subsequently filed a lawsuit seeking recognition of the Pension Fund's actions as unlawful and requesting the court to order the recalculation of the pension. The trial court and the appellate court upheld the claim. The Supreme Court (Court of Cassation) agreed with the conclusions of the lower courts and stated that the right to social protection is guaranteed through the state social insurance system funded by insurance contributions from citizens, enterprises, institutions, and organizations, as well as through state budget funds and other sources of social security. The state also ensures social protection through a network of public, municipal, and private institutions providing care for persons unable to work.

Article 28 of Law No. 1058-IV provides that each additional year of insurance service beyond the statutory minimum (35 years for men and 30 years for women) increases the pension by 1% of the current pension amount, but not by more than 1% of the minimum old-age pension for each additional year.

Citizens classified under Categories 1, 2, 3, and 4 under the Chornobyl legislation are entitled to receive a full pension provided they have at least 20 years of service for men and 15 years for women. Their pension is increased by 1% of their earnings for every year of employment exceeding the required service period, but not above 75% of their earnings. For individuals employed in occupations listed under List No. 1 (hazardous occupations), the pension may reach up to 85% of their earnings provided they have at least 10 years of qualifying service for men and 7 years and 6 months for women.

Law No. 796-XII establishes special rules and conditions governing pension provision for citizens affected by the Chornobyl disaster.

Part Two of Article 27 of Law No. 1058-IV grants individuals the right to choose whether their pension will be calculated under the general provisions of the Law of Ukraine "On Mandatory State Pension Insurance" or under the special provisions of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chornobyl Catastrophe."

For citizens affected by the Chornobyl disaster, the pension calculation is based on preferential rules. Pursuant to paragraph 2 of Article 56 of Law No. 796-XII, the pension is increased based on earnings for each year of employment exceeding the minimum service period established by that provision.

Accordingly, individuals whose pensions were granted under Law No. 796-XII are entitled to have their pensions recalculated for every full year of employment exceeding the statutory minimum insurance period required for pension entitlement (15 years for women and 20 years for men), by increasing the pension by 1% of their earnings for each additional year of service.

Therefore, the lower courts correctly concluded that there were sufficient grounds for partially satisfying the claimant's claims. The arguments raised in the defendant's cassation appeal did not refute the conclusions reached by the courts of previous instances.

How to Restore a Lost Employment Record Book (Work Book) in Ukraine

Losing important documents is always an unpleasant experience, especially when they confirm your employment history. For many years, the employment record book has served as the primary document proving a person's work experience. Without it, obtaining new employment or claiming a pension may become significantly more difficult.

The procedure for maintaining, issuing, and storing employment record books is regulated by Instruction No. 58. According to this Instruction, all entries in the employment record book are made by the employer on the basis of the relevant employment orders.

An important provision for individuals who have changed several jobs is contained in paragraph 5.3 of Instruction No. 58. It states that if an employee had previous employment records before joining the employer that issues the duplicate employment record book, those records must be transferred to the duplicate.

In practice, an employment record book is usually kept by the employer during the employment relationship. Therefore, in many cases, the employer is responsible for its loss.

Paragraphs 5.5 and 5.6 of Instruction No. 58 specifically regulate such situations. If an employment record book has been damaged or contains entries that cannot be clearly identified, the employer at the employee's last place of work must issue a duplicate employment record book on its own initiative. At the same time, a note must be made on the first page of the damaged employment record book indicating that a duplicate has been issued in its place.

A duplicate employment record book may also be issued by a new employer. This applies when it is impossible to transfer information from the original due to extraordinary circumstances provided for by Ukrainian law or because military operations (including the Joint Forces Operation) took place in the territory where the employee previously worked. To obtain a duplicate in such circumstances, the employee must submit a written application together with written confirmation of the emergency situation or military operation affecting the employer's location.

Sometimes the employment record book itself has not been lost, but only part of the employment records is missing.

If you need to restore information about positions previously held, you should contact the human resources department of your former employer and request documents confirming your employment history.

It is also common for a former employer to have ceased operations. In such cases, documents confirming employment history may be obtained from the legal successor of that enterprise. After receiving certificates confirming the employment relationship, the employee may apply to the human resources department of the current employer to obtain a duplicate employment record book or supporting documents that allow previous employment records to be restored.

If the former employer has been liquidated, you may apply to the archive where the personnel records are stored. This requires submitting a written request asking the archival institution to issue an official certificate confirming your employment. Based on this certificate, the relevant entries may be added to the restored employment record book.

When requesting archival certificates confirming employment history or workplace certification, copies of all pages of the employment record book relating to the relevant employer should be attached to the application. If the employment record book is unavailable, the applicant should provide all available information regarding the missing employment records.

If it is impossible to obtain information from the archives, there is one final option for confirming employment history—through court proceedings. In such cases, it is necessary to file an application with the court requesting the establishment of a legally significant fact.

As you can imagine, this procedure is far from simple. It requires properly preparing the application, identifying the correct authority or respondent, and monitoring the progress of the proceedings.

For this reason, the experienced lawyers of our firm are ready to undertake the entire process on your behalf, providing comprehensive legal assistance to help restore your employment history and protect your pension rights.

Verification of Pension Calculation by the Lawyers of the Pension Center

It is no secret that bureaucracy remains a significant challenge in Ukraine. According to political science experts, Ukraine has approximately 63 excessive administrative procedures, which is about 4% higher than the average among other countries. Unfortunately, the Pension Fund has not escaped this problem.

People approaching retirement often wonder what pension they will ultimately receive. However, when submitting their pension application, they usually have no way of knowing whether the Pension Fund will recognize disputed periods of employment or take into account all of the salary they earned throughout their working life.

The attorneys and pension law specialists of the Pension Center provide an independent professional review of your documents, prepare well-founded legal opinions on disputed issues, and help protect your pension rights. In this article, we explain the key principles behind an objective and accurate pension calculation.

How Is a Pension Calculated?

The amount of a retirement pension is determined in accordance with the Law of Ukraine "On Mandatory State Pension Insurance." It depends on several key factors, including:

the length of the person's insurance (employment) record;
the amount of salary on which pension insurance contributions were paid;
the individual's insurance record coefficient;
the salary coefficient;
the age at which the person decides to retire.

Calculating an old-age pension requires consideration of numerous legal and financial variables. The methodology is established by Articles 25 and 40 of the Law of Ukraine "On Mandatory State Pension Insurance."

When verifying the correctness of a pension calculation, our experts independently calculate 16 different coefficients and variables, because each of them may significantly affect the final pension amount.

If a person worked in occupations classified under List No. 1 or List No. 2 (hazardous or preferential occupations), the calculation becomes even more complex, as additional preferential rules and statutory coefficients must also be applied.

Why Is Independent Verification Important?

In practice, pensioners who personally visit the Pension Fund often encounter an unwillingness to provide meaningful explanations. Instead of receiving a detailed calculation, applicants are frequently denied clear information regarding how their pension was determined.

Without access to a complete calculation, it is extremely difficult to determine whether the Pension Fund has correctly:

calculated the insurance record;
applied the appropriate salary coefficient;
taken into account all periods of employment;
applied statutory supplements and preferential coefficients;
correctly determined the final pension amount.

How We Can Help

If you would like to determine whether the Pension Fund has calculated your pension correctly, or if you believe mistakes have been made and wish to protect your rights, the experienced attorneys and pension law specialists of the Pension Center are ready to assist you.

We conduct a comprehensive legal and financial review of your pension calculation, identify errors, prepare a detailed legal opinion, and, where necessary, represent your interests before the Pension Fund and the courts to ensure that your constitutional right to social security is fully protected.

Pension Recalculation

After retiring, many people realize that living on approximately 40% of their previous salary may not be sufficient to maintain their standard of living. As a result, they begin looking for legal ways to increase their pension. Ukrainian legislation provides a limited number of situations in which a pension may be recalculated and increased. Fortunately, once a pension has been granted, its amount generally cannot be reduced as a result of recalculation.

The main circumstances in which a pension may be increased include:

an increase in the minimum wage;
an increase in the statutory subsistence minimum;
newly discovered circumstances (such as additional salary certificates issued for periods before 2000);
continued employment after retirement;
transferring from one type of pension to another.

1. Increase Following Changes to the Minimum Pension Amount

The minimum pension payable to eligible pensioners increases whenever the statutory minimum pension is raised under Ukrainian law. As of mid-2021, the minimum pension amounted to more than UAH 2,000 per month for eligible recipients.

2. Increase Following Changes to the Subsistence Minimum

Because food prices and the cost of living are constantly changing, the Cabinet of Ministers of Ukraine may increase the statutory subsistence minimum. Whenever this occurs, certain pension payments are recalculated accordingly. However, such increases do not occur frequently.

3. Submission of Additional Salary Information for Employment Before July 1, 2000

If you received a relatively high salary before July 1, 2000, you may submit an updated salary certificate issued by your former employer so that this income can be considered when recalculating your pension.

To qualify for such recalculation, the relevant employment period must generally cover at least 60 consecutive calendar months, regardless of interruptions in employment.

4. Recalculation for Pensioners Who Continue Working

If you continue working after retirement and continue paying mandatory pension insurance contributions, the Pension Fund is required to recalculate your pension every two years, taking into account your additional insurance record and contributions made after retirement.

5. Transferring to Another Type of Pension

This option is available where a pensioner becomes entitled to another category of pension that may be more advantageous.

For example, a person may have retired early under a long-service pension but continued working afterward. Upon reaching the statutory retirement age of 60, that person may become eligible for an old-age pension.

Before changing from one type of pension to another, however, it is essential to calculate the expected pension amount in advance to ensure that the new pension will not be less beneficial than the current one.

A professional legal assessment of your pension file can help determine whether you qualify for any of these forms of pension recalculation and identify the option that provides the greatest financial benefit under Ukrainian law.