Complaint Against the Pension Fund of Ukraine: How to Challenge a Decision
It is no secret that the Pension Fund authorities may sometimes make decisions that pensioners consider unlawful. For example, the Pension Fund may refuse to grant or recalculate a pension despite the existence of legal grounds, or refuse to include certain periods of employment in the insurance record even though the employment record book has been properly completed. Any decision, action or failure to act by a public authority may be challenged in court. However, there is also another way to challenge a Pension Fund decision before initiating court proceedings – filing a complaint with the Pension Fund of Ukraine.
If you believe that a territorial authority of the Pension Fund has acted unlawfully or made an incorrect decision, you may file a complaint with the competent higher-level authority. Depending on which Pension Fund authority made the contested decision, the complaint should be submitted to the authority authorised to review it under the applicable procedure.
A complaint against a Pension Fund decision should preferably be submitted in writing or electronically using an officially available communication channel. A written or electronic complaint makes it possible to retain evidence of the submission and its contents. The complaint should contain the applicant’s full name, contact details, the substance of the complaint, information about the contested decision, action or failure to act, the applicant’s requests and, where appropriate, the preferred method of receiving a response. Copies of documents supporting the applicant’s position should also be attached where relevant.
It is important to comply with the applicable deadline for filing a complaint against the Pension Fund. The relevant time limit depends on the type of decision being challenged and the administrative procedure applicable to the particular pension dispute. Missing the statutory deadline may result in the complaint being left without consideration unless there are legal grounds for restoring or extending the relevant period.
The Pension Fund must consider the complaint within the time limits established by Ukrainian legislation. The exact period may depend on the nature of the complaint, the applicable procedure and whether additional documents or verification are required.
The applicant should receive a decision or response setting out the results of the review and the position of the competent Pension Fund authority. If the complaint to the Pension Fund does not restore the applicant’s violated pension rights, the Pension Fund’s decision, action or failure to act may be challenged before an administrative court.
