Publication date: 09.05.2024
Consultations, direct case management, document retrieval, drafting written conclusions, implementation of citizens' rights and freedoms.
Each person from the number of military pensioners (a pensioner who receives a pension under Law No. 2262-ХІ), taking into account the implemented pension reform and the amendments to the legislation adopted by the Parliament and the Government regulating the NPA, receives the right to its recalculation, while not being aware of the existence of such a right .
At the present time, even taking into account the fact of the introduction of martial law, a person is still socially protected in our country according to the provisions of the Basic Law, and this right cannot be limited.
What pensions can be transferred according to Law No. 2262-ХІІ:
- pension for years of service;
- breadwinner's death pension;
- disability pension.
Legislation norms, which also establish the corresponding additional payments depending on the established status of the claimant:
- Law No. 3551;
- Law No. 796;
- Order 1210;
- Order 1384.
Depending on the body where the person served, the amount of cash support for pension transfer is determined:
1. Resolution No. 704 dated 30.08.2017 (military armed forces, employees of the National Guard, State Emergency Service, SBU, UDO, border guards);
2. Resolution No. 988 dated 11.11.2015 (police officers and equivalent employees of the Security Service).
Reasons for not receiving the appropriate amount of pension are:
1. ignorance of the pensioner regarding the emergence of such a right;
2. inaction (actions) of authorized bodies regarding (failure to) carry out such a recalculation;
3. the interpretation of the adopted norms is not in favor of the pensioner.
An analysis of the current legislation and the legal positions of the court of cassation regarding the determination of the right to pension recalculation indicates the possibility of recalculation starting from:
1. from 04/01/2019 (according to the new certificate as of 03/05/2019 for military personnel whose financial support is determined by Resolution No. 704);
2. from 01.12.2019 (according to a new certificate as of 19.11.2019 for employees of the National Security Service whose financial support is determined by Resolution No. 988).
3. from 01.01.2020 (due to the contradiction between the prescriptions of paragraph 4 of Resolution No. 704 and the prescriptions of Law No. 294-IX);
4. from 01.01.2021 (due to the contradiction between the provisions of paragraph 4 of Resolution No. 704 and the provisions of Law No. 1082-IX);
5. from 01.07.2021 (in connection with the adoption of Resolution No. 713);
6. from 01.01.2022 (due to the contradiction between the provisions of paragraph 4 of Resolution No. 704 and the provisions of Law No. 1928-IX);
7. from 01.01.2023 to 05.23.2023 (due to the contradiction between the prescriptions of paragraph 4 of Resolution No. 704 and the prescriptions of Law No. 2710-IX);
8. Quarterly mass recalculation (indexation of the pension according to Government regulations).
To increase the pension of military personnel, it is necessary: in the cases defined in points 1-4, 6, 7, a new certificate must be submitted, in the cases defined in points 5, 8, it is done automatically.
The recalculation terms are determined by the provisions of Law No. 2262-ХІІ (Articles 51, 63) and may be:
1. unlimited terms of recalculation due to the fault of the pension body for not carrying out such recalculation;
2. 12 months before the pension transfer date (pension increase, provision of additional documents );
3. for 6 months in case of recalculation of pension according to the provisions of Resolution No. 713.
The reason for increasing the pension may be:
1. pension increase by law;
2. change in the mechanism for determining the amount of monetary support for the corresponding category of military personnel;
3. establishment of additional surcharges;
The basis for recalculating the pension is:
- legislative requirement (establishment of additional payments, pension indexation);
- application for recalculation of pension (in case of submission of a new certificate or additional documents).
