Military Pension Recalculation in Ukraine Through Court
Despite the war in Ukraine, state institutions continue to perform their functions to the extent permitted by the circumstances. One of the most important issues today is the social protection of Ukrainian servicemembers. Servicemembers protect Ukraine’s sovereignty and independence, and their social guarantees should therefore be properly ensured. In practice, however, former servicemembers often encounter problems when applying for a pension or when they are already receiving a military pension but the amount calculated by the Pension Fund does not correspond to the amount they believe they are legally entitled to receive.
An important stage in the history of military pension recalculation was Resolution No. 103 of the Cabinet of Ministers of Ukraine dated 21 February 2018. The application of the relevant pension recalculation rules resulted in numerous disputes concerning the components of monetary allowance that had been taken into account. In particular, disputes arose concerning additional types of monetary allowance, including allowances, bonuses and increases, as well as the percentage of monetary allowance used to calculate pensions and the staged payment of recalculated pension increases.
Our lawyers have experience handling military pension recalculation cases in Ukraine. Depending on the circumstances of the particular case, the first step may involve obtaining an updated certificate of monetary allowance from the competent authority. Such a certificate may include the relevant basic and additional components of monetary allowance, including allowances, supplements, increases and bonuses, where these components must be taken into account under applicable legislation. After obtaining the necessary documents, we can prepare and file an administrative claim seeking to require the Pension Fund of Ukraine to recalculate the military pension in accordance with the applicable legislation and relevant court practice.
In certain cases, a separate dispute may concern the percentage of monetary allowance used to calculate the pension. Where a pension had previously been granted at a higher percentage and that percentage was subsequently reduced during recalculation, there may be grounds to challenge such a reduction. Other disputes may concern restrictions on the payment of the full amount of a recalculated pension. Each of these issues requires an individual analysis of the pension file, the date on which the pension was granted, the applicable legislation and relevant court decisions.
When you enter into a legal services agreement with our firm, we can handle the military pension case comprehensively. Our lawyers analyse the pension documents, prepare requests to the relevant authorities, obtain the documents required for recalculation, prepare procedural documents and represent the client in administrative court where necessary. We also keep the client informed about the progress of the case. The ultimate objective is to obtain the pension amount and pension arrears to which the client is legally entitled.
We provide assistance with pension matters involving former servicemembers and employees of various Ukrainian defence, security and law enforcement authorities, including the Armed Forces of Ukraine, Security Service of Ukraine, Ministry of Internal Affairs, National Guard of Ukraine, State Emergency Service, State Border Guard Service and other authorities whose former personnel receive pensions under special pension legislation.
It is not always possible or necessary for a lawyer and client to meet personally. Therefore, many stages of a military pension case can be handled remotely. Documents and information can be exchanged electronically or, where original documents are required, delivered by postal or courier services.
If you believe that your military pension has been calculated incorrectly, that certain components of your monetary allowance have not been taken into account or that the Pension Fund has unlawfully reduced your pension, the decision can be legally reviewed and, where sufficient grounds exist, challenged in court. Our Pension Center can analyse your pension case and determine which recalculation options are available in your particular circumstances.
