In Ukraine, the provision of pensions for the military discharged from service is regulated by the law “On pension provision for persons discharged from military service and some other persons”. The document defines the conditions, norms and procedure for the provision of pensions for military personnel. Edition sud. ua told how the recalculation of military pensions is carried out and who can be denied it.
Grounds and stages of pension recalculation.
The basis for taking actions aimed at recalculating previously assigned pensions can be both the corresponding application of the pensioner and the documents attached to it, and the decision taken by the Cabinet of Ministers.
Recalculation of the pension is carried out in the following stages:.
appeal to the regional territorial center for recruitment and social support with an application for issuing a certificate on the amount of monetary allowance;
sending an updated certificate of the amount of monetary allowance to the Pension Fund for pension recalculation.
It is reported that the recalculation is made for the past time, but no more than 12 months from the date of submission of additional documents.
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How is the recalculation of military pensions.
The recalculation of pensions for persons in command and rank and file of the internal affairs bodies of Ukraine, who are entitled to pensions or receive a pension, is carried out taking into account the types of monetary allowance, monthly additional types of monetary allowance (allowances, additional payments, increases) and bonuses in the amounts established by law for police officers.
All assigned pensions are subject to recalculation in connection with an increase in the monetary allowance of the relevant categories of military personnel, persons entitled to a pension, on the conditions, in the manner and in the amount provided for by the Cabinet of Ministers.
If, as a result of the recalculation of pensions, the amount of pensions for retired military personnel, persons entitled to a pension under the law “On Pension Provision for Persons Discharged from Military Service, and Certain Other Persons” is lower, the amounts of previously assigned pensions are retained.
Dismissed military personnel, persons entitled to a pension, who were assigned the next military (special) ranks while they were in the reserve or retired, the pensions previously assigned to them, taking into account the newly assigned military (special) ranks, are not recalculated.
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What are the grounds for refusing to recalculate the pension.
The current legislation does not define an exhaustive list of grounds for refusing to recalculate a pension, however, such grounds may be:.
submission of inappropriate additional documents giving the right to further review the amount of the pension paid,.
presenting false information,.
lack of legal grounds for recalculation.
To appeal against the decision to refuse to recalculate the previously assigned pension, you can file a corresponding claim with the administrative court at the place of residence.
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