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Publication date: 20.03.2024
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Pension, limitation. Removal of the maximum pension limit: perspectives and legal aspects
Introduction
In the modern world, the issue of social protection of the population, in particular the provision of pension rights and benefits, occupies an important place in the legal sphere. However, there are situations when pensioners face restrictions on receiving the maximum possible amount of pension. In this connection, it becomes necessary to consider the issue of removing such restrictions and their impact on the legal status of pensioners.
The concept of maximum pension limitation
That the maximum limit of the pension is a limit established by law or regulatory legal acts on the maximum amount of pension that a pensioner can receive according to certain criteria, such as age, length of service, income and other factors.
The pension calculation schedule is determined by Article 84 of the Law of Ukraine "On Pension Security". According to him:
If a pensioner submits an application and all necessary documents by the 15th of the month from which he wishes to start receiving the transferred pension, the recalculation takes place from this date. In case of submission after the 15th, recalculation starts from the first day of the following month.
If a circumstance occurs that will lead to a reduction of the pension, the recalculation takes place from the first day of the month when these circumstances arose. If they became known before the 15th, the recalculation is carried out from the same day, otherwise - from the first day of the next month.
According to Article 47 of the same Law, in case of loss of a breadwinner, the pension is paid during the entire period when the family member of the deceased is considered unable to work. Family members who have reached retirement age are granted a lifetime pension.
A change in the size or termination of pension payments to family members takes place from the first day of the month following the month in which the circumstances that led to the change or termination became known.
Article 35 of the specified Law establishes that in the event of a change in the disability group, the pension is recalculated from the date of such change. In the event that a person is found to be healthy after a repeated medical examination, the pension is paid until the end of the month in which he was found to be healthy, but no longer than until the end of the month when the disability was established.
As for the reasons for refusing to transfer a pension, the current legislation does not provide an exhaustive list. However, they can be:
Failure to submit documents confirming the right to revise the pension amount.
Submitting false information.
Absence of legal grounds for recalculation.
The need to remove restrictions and recalculate pensions
Over time, the socio-economic situation in the country can change, which is reflected in the standard of living of the population. As a result, it may be necessary to revise the pension policy and abandon the maximum limits, since they do not take into account inflationary processes, changes in the price situation and general economic development.
Judicial practice is also marked by numerous cases where pensioners challenge restrictions that prevent them from receiving a fair pension. Courts often recognize such restrictions as illegal and impose an obligation on the state to recalculate pensions taking into account modern socio-economic realities.
Legal status and implementation of decisions on lifting restrictions
Removal of the maximum restrictions on pension payments can be carried out through the adoption of special laws or changes to already existing legislation. After the adoption of relevant legal acts, the obligation of state bodies to recalculate pensions for all pensioners who have the right to receive pension payments without restrictions arises.
The court plays an important role in ensuring the rights of pensioners. In case of violation of their rights to receive adequate pension payments, citizens have the right to go to court to protect their interests and obtain a competent court decision.
Conclusion
Thus, removing the maximum limitаtion on pension payments is an important step in ensuring social justice and protecting the rights of pensioners. The process of this removal requires a comprehensive approach, taking into account socio-economic realities and judicial control over the execution of relevant decisions.
This article is intended to provide general information and is not intended to serve as legal advice. It is recommended to contact a qualified lawyer for individual advice on social law issues.
