Publication date: 10.07.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Pension – is a regular cash payment made by the state or other organization to persons who have reached a certain age, become unable to work due to disability or loss of a breadwinner. The pension is one of the forms of social protection of the population and is provided for the purpose of providing material support in case of loss of income due to retirement, disability or other circumstances.
Types of pensions:
- By age: granted to persons who have reached retirement age (usually 60-65 years, depending on the country) and have sufficient work experience.
- Invalidity: paid to persons who became unable to work due to illness, injury or other reasons.
- In connection with the loss of a breadwinner: granted to family members of the deceased breadwinner who were dependent on his income.
- Social pension: awarded to persons who do not have the right to an employment pension due to lack of necessary work experience or other reasons.
- Military pension: granted to military personnel and persons equivalent to them upon reaching retirement age or in case of disability related to the performance of official duties.
- Retirement pension: awarded to persons of certain professions (for example, teachers, doctors, civil servants) who have significant work experience in the relevant field.
Conditions for receiving a pension:
- Reaching retirement age: the age at which a person is entitled to a pension is set by the legislation of the country and may vary.
- Existence of work experience: the minimum length of service required to obtain a pension is also determined by legislation and may include periods of official employment, military service, training and other activities.
- Payment of contributions to a pension fund: In many countries, entitlement to a pension is linked to regular payment of contributions to a public or private pension fund.
Each country has its own pension calculation formula, which takes into account work experience, average salary, contributions to the pension fund and other factors. Pensions may be subject to indexation, that is, regular increases in response to inflation or other economic changes.
The pension plays an important role in providing social protection to the population by providing financial support to people who have lost the opportunity to work due to age, illness or other circumstances. It contributes to the preservation of a decent standard of living and social stability in society.
Military pension – is a regular cash payment granted to military personnel who have reached a certain age, become incapacitated for work due to disability or have the necessary service experience. It is one of the forms of social security provided by the state to support former military personnel.
Types of military pensions:
Retirement pension: awarded to military personnel who have the statutory length of service. Usually, to receive this pension, it is necessary to have a certain experience (for example, 20-25 years of service).
Invalidity pension: granted to military personnel who have become disabled as a result of the performance of official duties. The amount of the pension depends on the degree of disability.
Survivor's pension: payable to family members of deceased military personnel. The amount of the pension is determined depending on the number of dependents and other factors.
Question
What does the formula for calculating a military pension depend on?
Answer
The calculation formula depends on the legislation of the country and can take into account such factors as years of service (service experience), the amount of financial support at the time of dismissal, allowances and benefits (for example, for years of service, hostilities, etc.) and the degree of disability (for disability pensions).
The procedure for issuing a pension for the military:
- Submission of an application: a serviceman or his family members submit an application to the relevant pension authority (usually to a military unit or to a pension fund).
- Provision of documents: a set of documents confirming the right to a pension must be provided (personal file, certificates of service, medical documents, etc.).
- Consideration of the application: the relevant body examines the application and makes a decision on the appointment of a pension.
- Payment of pension: Once the decision has been taken, the pension is paid monthly to the pensioner's bank account or through post offices.
Question
What are the advantages of a military pension?
Answer
Provides a stable income to military personnel after the end of service. May include additional seniority benefits, combat and other special conditions of service. Military personnel often have the opportunity to retire earlier than civilian workers. The military pension is an important element of the social security of military personnel, which guarantees them financial stability after the end of their service or in case of disability. Correct pension processing and knowledge of their rights will help ensure an adequate standard of living for military pensioners and their families.
An increase in the military pension through the court may become necessary in cases where a military pensioner believes that his pension was incorrectly calculated or his rights were violated when the pension was granted. Below are steps that can help in solving the issue of increasing the military pension through the court.
Stages of increasing the military pension through the court
Preparatory stage, analysis of the current situation:
- Check if your pension is calculated correctly.
- For this, you can contact pension specialists or lawyers.
- Read the legislation that regulates the issue of military pensions in your country.
Collection of necessary documents:
- Personal file of a serviceman.
- Orders for appointment, removal and dismissal from service.
- Certificate of financial support at the time of dismissal.
- Documents confirming benefits and allowances.
- Decision of the pension fund on the appointment of a pension.
The pre-trial stage of receiving a pension for military pensioners includes applying to the pension fund with a written application for recalculation of the pension, providing the collected documents and justification of his claim, as well as receiving an official written response from the pension fund. In case of refusal to recalculate the pension or if you are not satisfied with the answer, you can proceed to the judicial stage.
Judicial stage, algorithm of actions:
- Preparation of a claim: contact a lawyer to prepare a statement of claim to the court.
- Filing a lawsuit in court: file a lawsuit in the administrative court at your place of residence or at the location of the pension fund.
- Litigation: Take part in court sessions. The court will consider your arguments and evidence, hear representatives of the pension fund.
- Court decision: if the court decides in your favor, the pension fund will be obliged to recalculate the pension and pay you the due amounts.
Before filing a lawsuit, be sure to consult with a lawyer who specializes in pension cases. Comply with the deadlines for filing an application and a claim established by law. Keep all documents and correspondence with the pension fund.
Increasing the military pension through the court – is a complex and long process that requires careful preparation and knowledge of the law. It is important to collect all the necessary documents, correctly draw up a statement of claim and provide your position with reliable evidence. Applying to a qualified lawyer of the Legal Marketplace "Consultant" can significantly increase your chances of successfully resolving cases of receiving a pension for military personnel, as well as receive clarification on receiving a pensions of the family of the deceased.
