When transitioning from a civil servant's pension to a regular pension, the average salary for three years is taken into account — Supreme Court
The transition of a person from an age pension granted under the Law of Ukraine dated December 16, 1993, No. 3723-XII "On Civil Service" to an age pension under the Law of Ukraine dated July 9, 2003, No. 1058-IV "On Compulsory State Pension Insurance" occurs as a primary pension appointment using the average salary indicator for the three calendar years preceding the year of application, in accordance with Article 40 of Law No. 1058-IV.
This conclusion was made by the judicial chamber for cases concerning the protection of social rights of the Cassation Administrative Court within the Supreme Court in a case where the plaintiff's right was challenged. The plaintiff was granted a pension under Law No. 3723-XII and sought the appointment of an age pension on general grounds with its recalculation according to the provisions of Article 40 of Law No. 1058-IV after reaching retirement age.
The judicial chamber, when deciding on the application of the average salary indicator during the transfer from an age pension granted under Law No. 3723-XII to an age pension under Law No. 1058-IV, noted that part 3 of Article 45 of Law No. 1058-IV establishes the procedure for transferring from one type of pension granted specifically under this Law to another. However, in the case of transferring a pensioner who receives a pension under another Law, in particular Law No. 3723-XII, to an age or disability pension under Law No. 1058-IV, the average salary indicator for the three calendar years preceding the year of the new pension appointment must be taken into account.
The court drew attention to the fact that according to Article 37 of Law No. 3723-XII (in the version effective at the time of the plaintiff's pension appointment), the pension amount was determined as a percentage of the civil servant's salary on which insurance contributions to the compulsory state pension insurance were accrued. The calculation mechanism of such a pension did not provide for the application of the average salary (income) indicator in Ukraine, which is a key element of the formula defined in Article 40 of Law No. 1058-IV. Therefore, when appointing a pension under Law No. 3723-XII, the average salary (income) indicator in Ukraine was neither determined nor applied. Thus, for the plaintiff, there is no average salary indicator that could be considered during the appointment of the previous type of pension in the context of part 3 of Article 45 of Law No. 1058-IV.
Accordingly, the Supreme Court concluded that the transfer of the plaintiff from an age pension granted under Law No. 3723-XII, which provides different grounds and procedures for pension appointment, to an age pension granted under Law No. 1058-IV is a primary pension appointment within the solidarity system, and such a pension must be calculated using the average salary indicator for the three calendar years preceding the year of application.
The decision of the judicial chamber for cases concerning the protection of social rights of the Cassation Administrative Court of the Supreme Court dated May 12, 2026, in case No. 460/25663/23 (proceeding No. K/990/26005/24).
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