Recalculation of Military Pensions through the Court

Usually, the recalculation of military pensions is carried out to account for new service conditions, changes in salary amounts, inflationary processes, or other factors that may affect the amount of pension provision. For servicemembers who are retiring or have the right to a recalculation, it is important to know which factors affect the pension calculation, how the recalculation is carried out, and which documents are necessary. This process ensures compliance with the rights of military personnel and guarantees that their pension provision corresponds to current conditions and legal requirements.

The Importance of Recalculation of Pensions for Servicemembers

The recalculation of pensions for servicemembers is significant as it impacts their financial situation after service. This ensures fairness in payments, considering changes in legislation and the economic situation, allowing pensions to meet new standards and requirements.

Adapting to economic changes, such as inflation, helps maintain the real value of pensions, preserving their purchasing power. Considering changes in legislation ensures that payments are made according to current laws. The recalculation also improves the financial situation of servicemembers and their families, increasing pension payments and ensuring a decent standard of living after retirement. This recognizes the merits of servicemembers for their service, emphasizing the importance of their work and compensating for the costs and efforts spent on protecting the country.

Legal Basis for Recalculation of Pensions

The main regulatory document governing the recalculation of pensions is the Law of Ukraine “On Pension Provision of Persons Discharged from Military Service, and Some Other Persons.” This law establishes general rules regulating the pension provision for servicemembers, defines the conditions for calculating pensions, their types, and the procedure for recalculating pension payments.

Other important regulatory acts include:

• The Law of Ukraine “On Mandatory State Pension Insurance,” which defines the general principles of pension provision in Ukraine, including the procedure for calculating pensions and the grounds for their recalculation.
• The Law of Ukraine “On Social Protection of Servicemembers and Their Families,” which defines additional guarantees of social protection for servicemembers, including pension provision.

In addition to laws, decrees, and other regulatory acts of the Cabinet of Ministers of Ukraine, detailing the procedure for recalculating pensions, establishing the amounts of pension payments, and the procedure for their calculation, considering length of service, salary, and other criteria, are of significant importance.

Conditions and Grounds for Recalculation of Pensions

One of the main grounds for recalculating pensions is the change in the subsistence minimum established by law. The subsistence minimum defines the basic income level necessary to meet a person’s basic needs and is often used as a criterion for calculating social benefits, including pensions. With the increase in the subsistence minimum, pension payments also increase accordingly.

Conditions for the recalculation of pensions also include the consideration of additional types of monetary provision. These can be various allowances, bonuses, seniority payments, payments for performing particularly important tasks, or compensation for special service conditions. All these additional payments can be considered when recalculating the pension, ensuring a fairer and more adequate level of pension payments.

Other grounds for recalculation may include changes in legislation, such as the adoption of new laws or amendments to existing ones that affect the rules for calculating pensions. Additionally, socio-economic factors such as inflation can also be grounds for recalculating pensions. Changes in the economy that lead to rising prices and decreased purchasing power require adjustments to pension payments to ensure a proper standard of living for retirees.

When Should You Go to Court?

You should go to court to protect your rights regarding the recalculation of pensions if:

• The servicemember received a refusal to recalculate the pension, although they believe they have the right to it under the law.
• The person believes that the pension is calculated incorrectly, for example, all additional types of monetary provision or service periods are not considered.
• Pension payments are delayed or not paid at all.
• Disputes arise regarding the right to receive a pension, such as when pension authorities refuse to grant a pension or do not recognize a certain period of service.
• The servicemember is entitled to additional payments (for seniority, special service conditions, etc.), but they were denied these payments.
• The servicemember believes that the actions of the pension authorities violate the law.

Procedure for Going to Court

First of all, it is important to consult a qualified lawyer who specializes in the pension provision of servicemembers. The lawyer will help assess the situation, determine the chances of success, and provide recommendations on further actions.

To file a lawsuit, you need to collect all necessary documents that confirm the right to recalculate the pension and substantiate the claims. These documents include:

• A certificate of the amount of pension provision;
• A decision to refuse the recalculation of the pension;
• Documents confirming the length of service: combatant ID, military ID, extracts from orders for appointment to positions, dismissal from positions, award documents, etc.;
• Documents on additional types of monetary provision: extracts from orders for granting allowances, bonuses, seniority payments, for performing particularly important tasks, etc.;
• Other documents that may be important to substantiate the claims, such as medical certificates, court decisions on similar cases, etc.

Procedure for Filing a Lawsuit: Preparation of the Claim, Necessary Documents, Review Periods

The claim must be drawn up in accordance with the requirements of procedural legislation. The claim should set out the circumstances of the case, substantiate the demands, and provide references to relevant legal norms. The lawyer will help prepare the claim and the necessary attachments. The prepared claim is submitted to the court authorized to consider such cases.

The court sets a date for the hearing, where the plaintiff or their representative presents their evidence and arguments. After reviewing the case, the court issues a decision. If the court’s decision is in favor of the plaintiff, it becomes the basis for recalculating the pension and paying the due amounts.

The review periods for the claim can vary depending on the court’s workload and the complexity of the case, but they usually take several months. It is important to thoroughly prepare for the court process, gather all necessary evidence and documents, and enlist the support of a qualified lawyer to protect your rights effectively.

Enforcement of Court Decisions

First of all, the court decision becomes legally binding after the appeal period expires if no appeal is filed. The Pension Fund of Ukraine receives a copy of the court decision and is obliged to enforce it.

After receiving the court decision, the Pension Fund must start the procedure for recalculating the pension in accordance with the court’s instructions. This includes reviewing the amount of the pension, considering additional payments, or changing the conditions of payments.

The law sets certain deadlines for enforcing court decisions. Usually, this is 30 days from the receipt of the enforcement document. However, delays may occur in practice due to administrative or bureaucratic obstacles.

If the enforcement of the decision is delayed, the plaintiff has the right to apply to the enforcement authorities for the compulsory enforcement of the decision. Additionally, a complaint can be filed for the inaction of the Pension Fund with the relevant supervisory authorities or the court.

Monitoring the Enforcement of Court Decisions and Possible Additional Actions in Case of Non-Enforcement

The plaintiff or their representative must monitor the process of enforcing the court decision. This involves regular inquiries to the Pension Fund to check the status of the enforcement of the decision and to the enforcement service if necessary.

In case of non-enforcement of the court decision, additional measures can be taken:

• Apply to the State Enforcement Service for compulsory enforcement of the decision.
• File a complaint about the inaction of the Pension Fund with the prosecutor’s office or other supervisory authorities.
• File a lawsuit to recover penalties or compensation for damages caused by the non-enforcement of the court decision.

It is important to act quickly and effectively to enforce the court decision and protect your rights promptly. Turning to qualified lawyers can significantly simplify the process and increase the chances of successfully enforcing the decision.

Lawyers at Dextra Law have deep knowledge in the field of pension provision for servicemembers, allowing them to effectively address even the most complex issues. With their expert support, clients can be confident in the correctness of their actions and the successful protection of their rights.

If you are facing issues with pension recalculation or have grounds for appealing the Pension Fund’s decision, do not delay. Contact the specialists at Dextra Law right now. We will provide professional support, help prepare the necessary documents, and protect your rights in court. Dextra Law is your reliable partner in legal protection matters.