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Publication date: 22.03.2024
Лоер
Pension. Removal of the maximum pension limit: legal aspects
Introduction
In modern society, the issue of social security, in particular pension security, is one of the most urgent. Legal norms and their implementation play a significant role in this. However, there are situations when the removal of pension restrictions imposed on the amount of pension payments become the object of a court settlement.
Pension restrictions and their implementation
Restrictions on pension payments may be established by legislation in order to regulate the financial costs of the state budget or for other socio-economic reasons. Such restrictions can be manifested in the establishment of the maximum amount of the pension, which cannot exceed a certain amount. Restrictions on the maximum amount of pensions, which are assigned by the Pension Fund of Ukraine, are illegal and violate the rights and legitimate interests of certain categories of pensioners.
Restrictions on the maximum amount of pensions provided by the Pension Fund of Ukraine cause outrage and are understood as a violation of the rights and legitimate interests of certain categories of pensioners, in particular, military pensioners - persons who have completed their military career after long service. Setting limits for the size of their pensions directly contradicts the norms of the Constitution of Ukraine and a number of laws adopted to ensure these constitutional guarantees.
At the legislative level, there can be no question of setting limits for the size of pensions of this category of pensioners, since the decisions of the Constitutional Court of Ukraine have the highest legal force after the Constitution, and they undertake to be implemented throughout the entire territory of the state.
Thus, any attempts to establish limits or limits for the pension of military pensioners today are unacceptable from the point of view of constitutional norms and fundamental rights of these citizens.
It is worth noting that compliance with such restrictions, recalculation of pensions is mandatory for relevant pension institutions and bodies that pay out pension funds.
According to the report of the Pension Fund of Ukraine, there is currently a limit on the amount of pensions for military personnel, which is 10 subsistence minimums for persons who have lost their ability to work.
Judicial settlement of the transfer of pensions
If a pensioner disagrees with the limit imposed on the amount of pension payments, he has the right to apply to the court for recalculation of the pension. The court decision may be aimed at changing the size of the pension or at removing restrictions that have been imposed.
Removal of the maximum pension limit: procedure and consequences
Lifting the maximum pension limit requires a special procedure, which may include recalculation of pension payments or amendments to the legislation on limitations.
This procedure can have various consequences for pensioners and the state as a whole. For pensioners, the removal of restrictions means receiving higher pension benefits, which makes it easier for them to get social security. However, this may become an additional financial burden for the state.
Maximum pension limit. Conclusion
Therefore, the issue of removing the maximum pension limit is important for both pensioners and the state as a whole. Judicial settlement and revision of legislation in this area can help ensure social justice and increase the level of social security of citizens.
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.
