Publication date: 29.03.2025
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 an individual residing in the Chornobyl-affected contamination zone regarding the receipt of an increased pension to which they have been entitled since 2015.
Resolution: The individual received consultations and assistance in applying to the Pension Fund, which denied the pension recalculation. A set of documents was collected, and a lawsuit was filed in an administrative court.
Result: The right was protected. The individual is now receiving an increased pension, which was also retroactively accrued for one additional year before filing the lawsuit. Additional expenses: UAH 1,000 (court fee).
Pension Recalculation: What Actions Are Required?
Pension recalculation may be necessary in the following cases:
- Increase in insurance record (e.g., after continuing employment).
- Changes in legislation (e.g., pension indexation or minimum pension increase).
- Salary increase or changes in pension calculation coefficients.
- Change in disability group or special retirement conditions.
Steps to Apply for Pension Recalculation:
- Verify eligibility for recalculation. Review the current legislation or consult the Pension Fund to confirm your right to recalculation.
- Prepare the necessary documents. Passport or ID card, tax identification code, employment record book (if needed), certificates of additional insurance record or income changes, documents confirming entitlement to benefits (if applicable).
- Submit an application to the Pension Fund. This can be done in person at a Pension Fund office or online via the Pension Fund of Ukraine’s portal.
- Wait for the application to be processed. Processing time is typically up to three months, but it may vary depending on the type of recalculation.
- Receive the recalculated pension
If the decision is positive, the pension will be adjusted according to the new terms, starting from the date of application or another specified date.
What to Do if the Pension Fund Denies Recalculation?
If the Pension Fund of Ukraine (PFU) denies the pension recalculation, you have the right to challenge this decision.
- Obtain an official written refusal. The Pension Fund is required to provide a written decision explaining the reasons for the denial upon request.
- Verify the legality of the refusal. Review the legal provisions governing pension recalculation (e.g., the Law of Ukraine "On Compulsory State Pension Insurance").
- Often, refusals occur due to incomplete documentation or incorrect interpretation of the law.
- Submit a complaint to a higher Pension Fund authority. If you believe the denial is unlawful, file a complaint with the main PFU office in your region. Processing time: 30 days from the date of submission.
- Appeal the decision in court through a lawyer
If the PFU refuses to comply with legal requirements, the next step is filing a lawsuit in an administrative court.
A lawyer will help draft the lawsuit correctly, gather evidence (insurance record certificates, income records, legal provisions guaranteeing recalculation, etc.).
The court process may take from several months to a year, but decisions are often in favor of pensioners.
Increased Pensions for Chornobyl Liquidators
As of March 1, 2024, pension increases were implemented for individuals with disabilities from among the Chornobyl accident liquidators: Group I – up to UAH 14,308.46, Group II – up to UAH 11,446.77, Group III – up to UAH 8,585.08
If the Pension Fund Does Not Voluntarily Comply with a Court Decision, you can submit an enforcement order to the State Enforcement Service for compulsory execution.
Lawsuits against the PFU are filed with the administrative court in your place of residence.
If the Pension Fund refuses to recalculate your pension, do not stop at the denial. A written refusal serves as grounds for further appeal through higher authorities or the court.
A lawyer will help properly draft documents, submit an attorney’s request, prove your case, and ensure that you receive a legally justified pension increase.
