RECALCULATION OF PENSIONS FOR MILITARY SERVICE VETERANS BASED ON A COURT DECISION
It is worth noting for military retirees that their pensions are regulated by a special law – the Law of Ukraine “On Pensions for Persons Discharged from Military Service and Some Other Persons” of April 9, 1992, No. 2262-XII (hereinafter – the Law).
This Law establishes the conditions, norms and procedure for pension provision for Ukrainian citizens who served in the military.
The state is obliged to ensure decent pension provision for persons entitled to a pension under this Law by establishing pensions not lower than the subsistence minimum provided by law, recalculating the pensions granted in connection with the increase in the level of financial security, providing state social guarantees as defined by law and taking measures at the state level for their social protection.
However, during the next massive (all-Ukrainian) recalculation of pensions for these categories of pensioners in 2018, the state, represented by the Cabinet of Ministers of Ukraine, made several mistakes in the calculation and subsequent recalculation of pensions.
The Cabinet of Ministers of Ukraine adopted Resolution No. 70
which entered into force on March 1, 2018. This resolution approved the tariff scales of salary levels and coefficients, schemes of tariff levels, tariff coefficients, additional types of remuneration and length of service bonuses.
August 30, 2017The Cabinet of Ministers of Ukraine adopted Resolution No. 10
paragraphs 1 and 2 of which established that from January 1, 2018, pensions granted under Law No. 2262-XII until March 1, 2018, should be recalculated, taking into account the amount:
- salary;
- salary by military (special) rank;
- a percentage allowance for the length of service in the relevant or similar position held by the person on the date of dismissal from service (on the date of secondment to work for state authorities, local governments or bodies formed by them, enterprises, institutions, organizations, higher education institutions), determined as of March 1, 2018 in accordance with Resolution No. 704.
the decision of the District Administrative Court of Kyiv dated December 12, 2018 in case No. 826/3858/18 entered into force
which declared paragraphs 1 and 2 of Resolution No. 103, as well as amendments to paragraph 5 and Annex 2 of Procedure No. 45, unlawful and invalid.
March 5, 2019Thus, in fact, from March 5, 2019, the date of entry into force of the court decision in case No. 826/3858/18, there were grounds for recalculating pensions granted under Law No. 2262-XII, taking into account the amount of official salary, military (special) rank salary, percentage allowance for length of service and additional types of financial support, based on the size of the components calculated in accordance with Resolution No. 704 in accordance with the requirements of Articles 43 and 63 of Law No. 2262-XII and Article 9 of Law No. 2011-XII.
The procedure for recalculating pensions for the following categories of persons
Unfortunately, there is no automated mechanism for recalculating pensions for former military personnel to take into account additional types of financial support. Therefore, it is necessary to take certain active steps:
Which categories of military pensioners are entitled to an almost double increase in their pensions based on a court decision?
Absolutely all retired military personnel who were granted a pension under Law of Ukraine No. 2262 and retired before 2018 are entitled to an almost double increase in their pensions based on a court decision.
In particular, this applies to retired military personnel of such units:
- The Armed Forces of Ukraine
- Staff of the Ministry of Internal Affairs of Ukraine
- Internal Troops of the Ministry of Internal Affairs (National Guard of Ukraine)
- State Emergency Service of Ukraine (SES)
- State Border Guard Service of Ukraine (SBGS)
- Security Service of Ukraine (SBU)
- Foreign Intelligence Service
- Main Intelligence Directorate
- Other relevant authorities
To summarize, many pensioners try to solve the issue of pension recalculation on their own, considering the process to be clear and simple, or turn to unqualified lawyers with no experience in this matter. This often leads to mistakes and a loss of the opportunity to increase the pension. Therefore, in order to avoid mistakes, we advise you to seek legal advice and further full legal support from our law firm. Our lawyers specialize in military pensions and have extensive experience in this area.
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