Pension – through the court: Ukrainians are suing the Pension Fund over problems when taking into account length of service

The greatest conflict with the Pension Fund arises when they need to confirm the insurance period due to incorrect entries in the work book. writes about this Focus in his new article “Go to court for pensions: Why Ukrainians are suing the Pension Fund and how to avoid problems with the payment of pensions.”

The main document confirming work experience is the work book. This is provided for by the Decree of the Council of Ministers No. 637 of August 12, 1993: “On approval of the procedure for confirming current work experience for the allocation of pensions in the absence of a work book or relevant entries.” registered Focus “If the work book does not exist, is missing the required entries, or contains incorrect or erroneous entries regarding periods of work, work experience will need to be confirmed,” said Andrey Shabelnikov, managing partner of EvrikaLaw JSC. .

According to the managing partner, The most common mistakes when filling out the workbook are::

• personal data (full name, date of birth) on title page difference from passport data;
• lack of seal and signature a person authorized to register dismissal;
• lack of name organizations in employment records;
• name of organization on employment record does not match the name of the organization on the seal in the dismissal report;
• found in workbooks corrections, strikethroughs, other changes not approved as prescribed;
• no details filled in work book (for example, there is no reference to the employment order, dismissal, or the number and date of the order are not indicated);
• absence printing on title page workbook (or tab);
• impossible to read Work records due to improper storage of the work book.

Inaccuracies and errors in entries in the workbook can be corrected as follows: obtaining explanatory certificates or orders from the workplace, archival institutions, registered Focus Olga Khomich is senior attorney at Ivan Khomich Law Firm.

Important

But Olga Khomich says this is often unrealistic. For example, due to the liquidation of an enterprise, the absence of archival documents or the location of such an enterprise on the uncontrolled territory of Ukraine.

Granting pensions to people from occupied areas is a separate issue. For this reason, Pensions were denied to former residents of the Autonomous Republic of Crimea and the city of Sevastopol Due to the suspension of correspondence with the Russian Federation as of February 24, 2022. “As a result, the Pension Fund of Ukraine cannot require a pension file on paper and a certificate of termination of pension payment in the territory of the Autonomous Republic of Crimea and the city of Sevastopol. In addition, the Pension Fund sometimes refuses to consider a pension payment. previous salary certificate because it cannot be verified due to the location of the business or the archives of the business are in uncontrolled territory (although in some cases such a certificate significantly increases the size of the pension)),” said the lawyer.

Loss or incorrect filling of the work book and failure to obtain explanatory documents from the previous place of work reduce the chances of inclusion in the insurance period of certain years. “Therefore, often the only effective and reliable way to grant a person the old-age pension he is entitled to is Filing a lawsuit to declare the rejection of the Pension Fund illegal and the obligation to provide pensions, including the entire period of service“, Olga Khomich remarked.

In most cases, the court comes to the defense of pensioners and recognizes the PFU’s decision to refuse to grant pensions as unlawful, he added. “In general, in order to avoid problems when issuing a pension, you need to make sure that you have sufficient insurance experience to allocate a pension, that all entries in your employment book, diploma or military ID are filled in without errors. outtakes or sketches,” the expert concluded.

Important

Let us remind you that retirement indexation is not done in December. Only retirees aged 70, 75 and 80 will receive additional payments. Allowances will be 300, 456, 570 hryvnia respectively.

Moreover Focus He wrote that according to Resolution No. 261 of the Cabinet of Ministers of Ukraine, some categories of retirees can receive an increase in their pensions by 837 hryvnia. Retirees over 80 who live independently and need ongoing health care can count on this money.