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Publication date: 31.01.2025
Master of Laws, I can provide nutrition and provide local consultations and support clients with the following services: The employer's protection from the procedure for renewing a job before senior workers, including those under contract; Zachist rights creditor oberzhuvacha; Inquire about the establishment of Fatherland and adoption; Establishment of the right of authority to a land plot; Procedural assistance in registration.
Input data: An appeal from a person living in the contaminated zone of the Chernobyl Nuclear Power Plant (CNPP) regarding the increased pension they were entitled to receive since 2015.
Decision: The person received consultations and assistance in appealing to the Pension Fund, where the request for recalculation was denied. A package of documents was collected, and a lawsuit was filed in the administrative court.
Result: The right was protected. The person now receives an increased pension, which was retroactively applied for an additional year before the lawsuit was filed. 1000 UAH (additional expenses: court fee).
Pension recalculation: What actions need to be taken?
A pension recalculation may be necessary in the following cases:
- Increase in insurance experience (e.g., after continuing employment).
- Changes in legislation (e.g., an increase in the minimum pension, indexation, etc.).
- Salary increase or changes in the pension calculation coefficients.
- Change in disability group or special conditions for retirement.
- What needs to be done for a pension recalculation?
Check the grounds for recalculation.
- Familiarize yourself with the applicable legislation or contact the Pension Fund to clarify whether you are eligible for recalculation.
- Prepare the necessary documents: passport or ID card, identification code, work book (if necessary), certificates of additional insurance experience or income changes, documents confirming entitlement to benefits (if applicable).
- Submit an application to the Pension Fund. This can be done in person at the Pension Fund office or online through the Pension Fund of Ukraine portal.
- Wait for the application to be processed. The usual processing time is up to 3 months, but this may vary depending on the type of recalculation.
- Receive the new pension calculation. If the decision is positive, the pension will be recalculated according to the new terms from the date of application or another specified date.
What to do if the Pension Fund denies recalculating the pension?
If the Pension Fund of Ukraine (PFU) denies the recalculation of the pension, you have the right to challenge this decision. To do so, you can contact a lawyer and go through the appropriate procedure.
- Obtain an official written refusal. The first step is to request a written decision of the refusal with an explanation of the reasons. The Pension Fund is obligated to provide it upon the applicant's request.
- Verify the legality of the refusal. Familiarize yourself with the legislative norms governing pension recalculations (e.g., the Law of Ukraine "On Mandatory State Pension Insurance"). Often, PFU refuses due to an incomplete set of documents or incorrect interpretation of them.
- File a complaint to a higher instance of the Pension Fund. If you believe the refusal is illegal, file a complaint to the main office of the PFU in your region. The processing time is 30 days from the submission date. If the decision remains unchanged, you can go to court.
- Judicial appeal through a lawyer. If the PFU refuses to comply with legal requirements, the next step is to file a lawsuit in the administrative court. A lawyer will help properly prepare the lawsuit, gather evidence (e.g., certificates of insurance experience, income, laws guaranteeing recalculation, etc.). The court process may take from several months to a year, but often decisions are made in favor of pensioners.
If the Pension Fund of Ukraine (PFU) denied the recalculation of the pension, you have the right to challenge this decision in court. A lawyer will assist in properly preparing the lawsuit, collecting the necessary evidence, and representing your interests in court.
From March 1, 2024, pensions for persons with disabilities from among the participants in the liquidation of the accident at the Chernobyl nuclear power plant were increased: group I - up to 14,308.46 UAH; Group II - 11,446.77 UAH; Group III - 8585.08 UAH.
If the Pension Fund does not voluntarily execute the court's decision, you can submit an enforcement order to the State Enforcement Service for forced execution.
Lawsuits against the PFU are filed with the administrative court at the place of residence.
If the Pension Fund denies recalculating the pension, don't stop. A written refusal is grounds for challenging it through higher authorities or the court. A lawyer will help properly prepare the documents,advocate's request, prove your case, and achieve a legal pension increase.
