Pension Fund Refusal to Recalculate Pension: What You Need to Know to Appeal to the Court.
How to Protect Your Rights When Recalculating Pension
Ukrainian pensioners often turn to the courts due to the refusal of the Pension Fund of Ukraine to recalibrate or incorrect calculation of payments. According to the law 'On Mandatory State Pension Insurance', the recalculation procedure is regulated and carried out automatically when there is a change in work experience or salary.
Pensioners do not need to submit an application for recalculation, as the Pension Fund independently determines the most advantageous calculation option. However, if a worker received a higher salary after the pension was awarded, they can appeal for recalculation. Additionally, a pensioner can recalculate their pension every two years if their earnings increase.
The pension recalculation is carried out automatically when there is a change in the minimum subsistence level and also from the day of dismissal for working pensioners and from the day of establishing a new amount of the minimum subsistence level for non-working pensioners.
In case of an unsatisfactory decision by the Pension Fund, pensioners have the right to defend their rights in court. For this, it is necessary to prepare a lawsuit and formulate the claims.
It is important to monitor the pension accrual and not be afraid to defend your rights in court if the decisions of the Pension Fund raise doubts about their legality and validity.
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