Recalculation of MIA Pensions in Ukraine Through Court

Pension provision for former employees of the Ministry of Internal Affairs of Ukraine (MIA) is regulated by special legislation, similarly to pensions for military personnel. The calculation of an MIA pension depends, in particular, on the amount of monetary allowance and the person’s qualifying years of service.

There is a significant amount of information available concerning the recalculation of pensions for former MIA employees and police officers. Recalculation of pensions for MIA pensioners may be required where the amount or components of the monetary allowance used for pension calculation purposes have changed.

Former employees of the Ministry of Internal Affairs who retired while serving in the former militia and whose pensions have not been recalculated on the basis of an updated certificate reflecting the current components of the monetary allowance of police officers may be entitled to obtain such a certificate and seek recalculation of their pension.

However, even after an updated certificate of monetary allowance has been obtained, the Pension Fund may refuse to recalculate the pension voluntarily, including by referring to the absence of the necessary procedure or legal grounds for such recalculation. In such circumstances, the pensioner may need to challenge the refusal before an administrative court.

The duration of court proceedings depends on the workload of the particular court and other procedural circumstances. When filing a claim, a court fee must generally be paid in the amount established by law, unless the claimant is exempt from paying it. When considering the case, the court will assess the legal grounds for the claim, the available evidence and compliance with procedural requirements. Our pension lawyers can provide professional legal assistance throughout this process.

After a favourable court judgment has been issued and enforced by the Pension Fund, the MIA pension may increase significantly. Depending on the circumstances of the case and the applicable legal grounds, the Pension Fund may also be required to pay pension arrears representing the difference between the pension previously paid and the recalculated amount for the relevant past period.