As a result of errors in the calculation or recalculation of pensions, the courts are literally inundated with lawsuits against the misconduct of the pension fund.
More recently, another pensioner sought through the courts to return the illegally reduced pension to its previous level and pay the underpaid for 2 years of litigation. Here is how lawyer Tatyana Levchuk commented on the oddities with arithmetic in the Pension Fund:.
“Three of my clients went to court in connection with the illegal actions of the pension fund when calculating pensions. All three cases were decided in their favor.. I believe and prove it in the courts that the pension fund deliberately makes obvious and regularly repeated mistakes when it makes decisions either to reduce people's pensions, or to refuse to assign pensions, or to refuse to recalculate them.
There are especially many problems with the appointment and recalculation of pensions for civil servants and the military.. Almost everyone who filed lawsuits regarding the illegal actions of the pension fund is proving their case”.
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According to Tatyana Levchuk, legislative and regulatory acts regarding pension provision are interpreted by employees of the pension fund to the detriment of people.
“I believe that this is done intentionally,” the lawyer believes.. - Indeed: both the plaintiff, and the PF official, and the judges read the same regulatory documents. If the court agrees with the arguments of the plaintiff, then two out of three understand them correctly, and the third - the pension fund in the role of the defendant - is wrong. And if this is repeated regularly, then it can be argued that the mistakes of PF officials in interpreting legislation and other regulations are made systematically and deliberately.. Thousands of people apply to the courts with claims against the Pension Fund, and the defendant, after all, is one! This means that this is a problem of this state body, which should be solved at the level of state power”.
The lawyer gave a fresh example: one pensioner was suddenly reduced the size of the pension. On his requests to explain the reason for the decrease, he received a standard answer: when recalculating the pension, the coefficient of increase in the average wage (1.17) was applied erroneously. It was canceled - the pension decreased. The pensioner applied to the administrative court. Failed to prove right at first instance. But the appellate instance read the regulations (Decree of the Cabinet of Ministers of February 20, 2019 No. 124) correctly, obliged the pension fund to restore the previously assigned pension to the plaintiff and return the underpaid. What the PF did without waiting for the visit of the state executor. True, the litigation took 2 years....
However, not every pensioner whose pension has suddenly decreased or its legal recalculation has not been carried out will incur a lawsuit in court.. One in a hundred, maybe one in a thousand. In any case, PF is not a loser.. But what is the purpose of this game: saving the pension fund budget on the barely surviving old people or redistributing it? Then in whose favor? Citizens of Ukraine have the right to know the answers to these questions.
And the fact that mistakes are made from year to year, but there are no effective attempts to debug the system and unload the courts from the shaft of lawsuits, only says that all branches of government, except for the judiciary, are satisfied with this state of affairs.
Indeed, it is difficult to imagine that a structure operating with hundreds of billions of hryvnias would act autonomously, outside the field of view of the legislative and executive authorities, as well as law enforcement agencies and the prosecutor's office..