PFU has recalculated the pension man and demands to return the overpayment of 146 707 UAH

PFU requires to recover from a man overpaying a pension of 146 707 UAH

The Pension Fund has recalculated a pension for a man, resulting in from 30.11.2022 it The amount decreased and is UAH 2,027. This led to overpayment of the pension for the period from 30.11.2022 to 31.07.2024 in the amount of UAH 146 707, which is required to return. This was stated in the decision of the Reshetilov District Court of Poltava Region, published on September 22, 2025.

The man is registered in the bodies of the Pension Fund of Ukraine from 27.09.2016 to 09.01.2020 as a recipient of a pension for years of service, and from 10.01.2020 as a recipient of a pension by age in accordance with the Law of Ukraine “On Compulsory State Pension Insurance”. He applied No. 1707 of 30.11.2022 on the recalculation of a pension on the basis of another law, namely for the Law on Civil Service. According to the decision of the State PFU in the Poltava region of 07.12.2022, he was denied a pension by age in accordance with the Law on Civil Service due to the lack of work experience in positions related to certain categories of civil service positions. Disagreeing with this decision, he appealed him in court. The decision of the Poltava District Administrative Court of 30.06.2023 in Case No. 440/1917/23 was declared illegal and canceled the decision of the PFU in the Poltava region of 07.12.2022; It is obliged to take into account the PFU in the Poltava region to take into account the period of work from 24.01.1983 to 03.08.1984 in the Reshetilov District Committee of LKSM of Ukraine of Poltava Oblast, from 04.08.1984 to 21.09.1986 as Deputy Head of the Poltava Regional Parliament. 09/22/1986 to 30.08.1991 as an instructor of the head of the department in the Reshetilov district Committee of the Communist Party of Ukraine of Poltava region, from 10.04.1998 to 08.02.2018 as the village head of the Reshetilovsky village council of Poltava region; It is obliged to transfer a citizen to retirement in the Poltava region in accordance with the Law on Civil Service, as well as to recalculate and pay the pension by age from the date of submission of the application, ie from November 30, 20122. The resolution of the Second Appeal Administrative Court of 23.05.2024 in this case was left unchanged. In accordance with the decision on the opening of enforcement proceedings, which was initiated as a result of the decision of the Poltava District Administrative Court, the PFU in the Poltava region carried out the recalculation of a pension, which resulted in from 30.11.2022 its size decreased to UAH 2 027, resulting in a pension overpayment for the period from 30.11.11.20222.

On 24.02.2024, the man filed a claim for a statement of claim, in which he asks to refuse to satisfy the claim because of his unreasonableness, unboundedness and unproven. He is registered with the PFU in the Poltava region from 27.09.2016, from this date to 09.01.2020 he received a pension for years of service, and from 10.01.2020 the pension by age in accordance with the rules of the Law of Ukraine “On Compulsory State Pension Insurance”. On November 30, 20122, he appealed to the PFU with a statement on the transition to another type of pension – in accordance with the rules of the Law on Civil Service. On the basis of the decision of 07.12.2022, the PFU was denied a pension in accordance with the Law on Civil Service, which was appealed in court. The decision of the Poltava District Administrative Court of 30.06.2023 in the case No. 440/1917/23, which was remained in force by the decision of the Second Appeal Court of Appeal of 23.05.2024, the said decision of the plaintiff was canceled, obliged to the PFU in the Poltava region. However, during the recalculation of the PFC pension, he did not again take into account the certificate available in his pension documentation and decided to reduce his pension by UAH 2,027. Such actions of the PFU were also challenged in the Poltava District Administrative Court, which by a resolution of 25.11.2024 opened the proceedings in case No. 440/13749/24 on the claim of a citizen to the State PFU in the Poltava region for recognition of the unlawful inactivity of the pension. He also noted that the pension can be returned unreasonably if there is an accounting error by the person responsible for making such payment, as well as unfairness from the recipient of payment. Since no evidence of the unfairness of his actions by the PFU is provided, the claim for recovery of an overly paid pension in the amount of UAH 146 707 must be rejected.

What was the court decision? The court denied the PFC to satisfy the claim. There were no evidence that would testify to the accounting mistake of the PFU Main Directorate in the Poltava Oblast or the provision of deliberately false information that caused the pension, as well as abuse on his part when receiving the amount declared in the claim.

“Documents added to the statement of claim, including copies of the letters of the PFU in the Poltava region about informing the man about the existence of a pension and the need to return it are not evidence of the defendant’s unfair behavior. No evidence of the guilt of the pensioner, namely his abuse, including the provision of false information or not provided.

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