“The State Fund demands the return of the man’s excess payment of the pension in the amount of UAH 132 326, as he signed a contract for serving in the State Emergency Service of Ukraine. The man received retirement payments for years in accordance with the Law of Ukraine “On Pension Support of Persons Dismissed from Military Service and Some Other Persons”. Later it became known that he […]”, – WRITE: Businessua.com.ua
The State Fund demands the return of the man’s excess payment of the pension in the amount of UAH 132 326, since he signed a contract for service in the State Service of Ukraine with emergencies.
The man received retirement payments for years in accordance with the Law of Ukraine “On Pension Support of Persons Dismissed from Military Service and Some Other Persons”. He later became known that he concluded an agreement on the service in the State Emergency Service of Ukraine. In this regard, there was a overpayment of a pension in the amount of UAH 132 326, which is asked to be compensated. This was reported in the decision of the Desnyanskiy District Court of Kyiv, published on February 17, 2025.
The man was registered with the Main Directorate of the Pension Fund of Ukraine in Kyiv, and he was paid a pension for years in accordance with the Law of Ukraine “On Pension Support of Persons Dismissed from Military Service and Some Other Persons”. Since 01.12.2020, the management stopped the payment of a pension in accordance with the Law of Ukraine “On Pension Support of Persons Rivited from Military Service and Some Other Persons”, since there are no grounds for continuing its payment in connection with the conclusion of the contract for the service in the State Service of Ukraine for Emergency Situations. Because of this, a pension was formed from 01.08.2019 to 30.11.2020 in the amount of 132 326 UAH.
The course of the trial The court found that on February 12, 2015, the man appealed to the PFU with a statement of appointment/recalculation of the pension. According to the protocol on the pension case of February 13, 2015, he was awarded a pension since December 31, 2014 on the basis of the Law of Ukraine “On Pension Provision of Persons Roseved from Military Service and Some Other Persons”. According to an extract from the Order of the State Emergency Service of Ukraine of August 1, 2019, he signed a contract for a civil protection service for a term of 3 years and was admitted to the service. According to the certificate of withdrawal from accounting No. 2554, the Main Directorate of the Pension Fund of Ukraine in Kiev stopped payment of the pension from November 30, 2020 in connection with the restoration in the service. The overpayment of the pension for the period from 01 August 2019 to November 30, 2020 is 132 326 UAH.
The letter dated January 19, 2021, informed the man that in connection with the restoration of the service, the amount of excess paid funds (pensions) in the amount of UAH 132 326 and asked to return the specified money was established. By the decision of the Kyiv District Administrative Court of November 4, 2024 in case No. 640/6732/21, his administrative claim to the Main Directorate of the Pension Fund of Ukraine in the city of Kyiv on recognition of illegal actions, the obligation to carry out actions was satisfied in full. The actions of the Main Directorate of the Pension Fund of Ukraine in Kyiv on the termination of accrual and payment of pension payments from December 1, 2020 were declared illegal. It is obliged to restore the accrual and payment of pension payments in accordance with the requirements of the Law of Ukraine “On Pension Provision of Persons Relieved from Military Service and Some Other Persons”, starting on 01 December 2020. This decision of the court is justified by the fact that due to the fact that it was admitted to the service under the bodies and units of civil protection during the period of validity in Ukraine of a special period, in accordance with the requirements of part three of Article 2 of the Law of Ukraine “On Pension Provision of Persons Released from Military Service, and some other persons. By the decision of the sixth appeal of the Administrative Court of Appeal on December 23, 2024 the appeal of the Main Directorate of the Pension Fund of Ukraine in the city of Kyiv on the decision of the Kyiv District Administrative Court of November 4, 2024 in the case of the administrative claim of the citizen to the Main Directorate of the Pension Fund of Ukraine in Kyiv.
What decision did the court make? The court rejected the PFC’s claim.
“The decision of the Kyiv District Administrative Court of November 4, 2024 in Case No. 640/6732/21 was declared illegal actions of the Main Directorate of the Pension Fund of Ukraine in Kyiv on the termination of accrual and payment of a man of pension payments from 01 December 2020 “The pension provision of persons released from military service and some other persons”, starting on December 1, 2020. exists. Requirements of the Law of Ukraine “On Pension Support of Persons Relieved from Military Service and Some Other Persons”, starting on December 1, 2020. There is no satisfaction of the claim, ”the court emphasized.
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