Territorial Recruitment Centre blocks recalculation of payments to military personnel, and military personnel underreceive money for years: what pensioners should do

For thousands of military pensioners, the certificate of the amount of monetary provision is not just another document. It actually opens the way to recalculating the pension after changes in the monetary provision of active servicemen. Without such a certificate, the Pension Fund authorities cannot carry out the recalculation, even if the right to it is directly provided by law.

However, in practice, territorial recruitment and social support centers often refuse to issue updated certificates or issue them with violations. Most often, military pensioners receive standard responses about "lack of grounds" or certificates that do not take into account all components of monetary provision. As a result, people receive smaller pensions for years than the law guarantees.

"Judicial and Legal Newspaper" examined whether the Territorial Recruitment Centre (TRC) has the right to refuse to issue such a document, which legislative norms regulate this issue, and what the Supreme Court says.

The right to pension recalculation is guaranteed by law

Military pension provision is regulated by the Law of Ukraine No. 2262-XII "On pension provision for persons released from military service and some other persons". According to Article 43 of this Law, the pension is calculated based on the amount of monetary provision of the serviceman, which includes: official salary;

• salary for military rank;
• seniority allowance;
• monthly additional types of monetary provision;
• bonuses and other payments established by law.

In turn, Article 63 of Law No. 2262-XII provides that if at least one type of monetary provision of active servicemen changes, previously assigned pensions are subject to recalculation. Therefore, the certificate of the current amount of monetary provision is a mandatory basis for such recalculation by the Pension Fund of Ukraine. Without this document, it is practically impossible to realize the guaranteed right by law.

Why the TRC most often refuses to issue the certificate

The most common reason for refusal is the use of outdated calculation indicators. The TRC calculates official salaries using an outdated subsistence minimum indicator (for example, 1,762 UAH) instead of the current one as of January 1 of the current year. This leads to artificially lowering the pension amount and, accordingly, to refusal to issue an updated certificate of the amount of monetary provision.

After the Supreme Court canceled certain provisions of the Cabinet of Ministers Resolution No. 103, official salaries must be determined using the subsistence minimum established by law as of January 1 of the respective year, not based on the 2018 indicator. This is evidenced by the Supreme Court Resolution dated November 12, 2019, in case No. 826/3858/18. However, a significant number of TRCs continue to use the old subsistence minimum, which causes refusal to issue new certificates or issuance of documents with significantly understated amounts.

Another common problem is excluding monthly allowances and bonuses from the certificate. Article 43 of Law No. 2262-XII speaks about considering all components of monetary provision, but some TRCs indicate only the official salary, salary for rank, and seniority allowance. As a result, the Pension Fund recalculates based on incomplete data, which automatically reduces the pension amount.

How to properly apply to the TRC for obtaining the certificate

The first step is to submit an application to the territorial recruitment center. How competently the application is prepared often determines the further course of the case. First of all, it is necessary to determine the date as of which the certificate is needed. Usually, it is issued as of January 1 of the respective year from which the person requests the pension recalculation.

The application should be addressed to the head of the respective TRC and social support. In the text of the appeal, it is advisable to refer to Articles 43 and 63 of Law No. 2262-XII and also to state that the certificate must be prepared taking into account all components of monetary provision provided by law.

It is also advisable to emphasize that the official salary and salary for military rank must be determined using the current subsistence minimum for able-bodied persons established by law as of January 1 of the respective year, and not based on outdated calculation figures.

It is recommended to attach copies of documents confirming the right to pension recalculation to the application. Depending on the specific situation, these may include:

• passport;
• taxpayer registration number;
• military ID or officer's certificate;
• documents on discharge from service;
• Pension Fund certificate of pension assignment.

It is equally important to properly record the fact of document submission. If the application is submitted in person, it is advisable to prepare two copies and require the TRC staff to mark one with acceptance, indicating the date and incoming number. If documents are sent by mail, the optimal option is a registered letter with an inventory of enclosures and delivery notification. These documents will subsequently confirm the date of appeal to the authority.

According to Article 20 of the Law of Ukraine "On Citizens' Appeals", the appeal must be considered within one month. In exceptional cases, the term may be extended but not more than up to 45 days, about which the applicant must be notified separately.

What to do if the TRC refused to issue the certificate

A written refusal or ignoring the appeal does not yet mean that the right to pension recalculation is lost. If the TRC did not issue the certificate or sent an unfounded refusal, the most effective way to protect rights is to appeal to the administrative court. This mechanism is currently established by stable judicial practice.

The claim usually includes two main demands: to recognize the actions or inaction of the TRC as unlawful and to oblige the respective authority to prepare and send to the Pension Fund a new certificate of monetary provision indicating all components provided by law. Such disputes are considered by district administrative courts.

It is necessary to apply to the court within six months from the day the person learned or should have learned about the violation of their right. If the TRC uses outdated calculation indicators, does not take into account mandatory allowances, or unjustifiably refuses to issue the certificate, such decisions are recognized as unlawful, and the authority is obliged to issue a new document in accordance with legislative requirements.

The certificate of the amount of monetary provision is not a formality but a document without which a military pensioner is effectively deprived of the opportunity to realize their right to a fair pension amount. The law does not grant territorial recruitment centers the right to arbitrarily refuse its issuance or exclude certain components of monetary provision.

If the TRC refuses to issue the certificate or issues it with violations, such actions can be successfully appealed in administrative court, and Supreme Court practice shows that in most such disputes, decisions are made in favor of military pensioners.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.