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Removal of the maximum pension limit

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Consultant # 1284
Consultant # 1284
Lawyer
Ukraine / Kyiv

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Publication date: 13.05.2024

Lifting the maximum pension limit: A step towards social justice

A pension is an inalienable right of every citizen who has devoted his years of work to the development of the state and society. However, for a long time there was a pension restriction in Ukraine, which limited the amount of payments for many pensioners. Recently, the situation changed when the Constitutional Court declared this limit unconstitutional, opening the way for the lifting of the maximum pension limit.

Prerequisites of the court decision

Pension restrictions were introduced in 2015 as part of the pension reform. It established the maximum amount of pension payments at the level of 10,740 hryvnias. This meant that regardless of length of service and contributions to the Pension Fund, no pensioner could receive more than this amount. This limitation was introduced in order to save the funds of the Pension Fund, which at that time was in a difficult financial situation.

However, over time, this restriction has given rise to numerous discussions and legal disputes regarding its constitutionality and fairness. Many pensioners, whose pensions exceeded the established limit, considered this a violation of their constitutional rights and discrimination.

Removal of pension restriction: Court decision

In June 2022, the Constitutional Court of Ukraine made a historic decision, declaring pension restrictions unconstitutional. The court ruled that establishing the maximum amount of pension payments contradicts the principles of equality and justice laid down in the Constitution of Ukraine.

According to the court's decision, every pensioner has the right to receive a pension in full, calculated according to his work experience and contributions to the Pension Fund. Limiting the size of the pension was recognized as discriminatory and as violating the rights of citizens.

Execution of a court decision and recalculation of pensions

After the court decision was passed, the government and the Pension Fund of Ukraine began the process of its implementation. The first step was to lift the maximum pension limit and recalculate payments for those pensioners whose pensions were previously capped.

The process of recalculating pensions is complex and long, as it requires a careful review of each individual case. The pension fund must take into account length of service, contributions and other factors affecting the size of the pension.

Consequences of lifting the pension restriction

Removing the maximum pension limit will have far-reaching consequences both for individual pensioners and for society as a whole.

First, it will ensure social justice and equality for all pensioners. Now every citizen will receive a pension calculated according to his individual contribution to the social insurance system.

Second, it will improve the standard of living of many pensioners who have previously suffered financial hardship due to restrictions on their pensions. Increased pension benefits will allow them to meet their basic needs and live in dignity.

At the same time, lifting the pension limit will create an additional burden on the Pension Fund and the state budget. This may require finding new ways to increase income or optimize costs in the pension system.

Conclusions

Removing the maximum pension limit is an important step on the way to social justice and equality in Ukraine. This decision protects the rights of pensioners and provides them with a decent standard of living after many years of work.

Although the process of executing a court decision and recalculating pensions can be complex and lengthy, it is necessary to restore citizens' trust in the state social protection system. The state must make every effort to ensure a decent standard of living for all pensioners who have contributed to the country's development.

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