Daughter Defended the Right to the Underpaid Pension of Her Deceased Mother in Court for Over Two Years

The Sloviansk City District Court of Donetsk Region recognized the heir's right of ownership by inheritance to the underpaid pension of the deceased mother and obliged the Main Department of the Pension Fund of Ukraine in Donetsk Region to accrue and pay these funds for the period from September 1, 2022, to January 14, 2025.

The court examined the dispute concerning the heir's right to inherit pension payments that were not paid to the decedent during her lifetime, as well as the Pension Fund's obligation to accrue and pay them to the heir.

Essence of Case No. 243/11897/25

After the mother's death, the plaintiff accepted the inheritance by law. A private notary issued her a certificate of inheritance rights for the amount of the underpaid pension for the period from March 1, 2022, to August 31, 2022, totaling 45,802.02 UAH.

However, the Pension Fund refused to recognize the heir's right to receive the pension for the subsequent period—from September 1, 2022, until the day of the pensioner's death. The defendant referred to legislation provisions stipulating that pension payments to persons residing in temporarily occupied territories are made only if they do not receive pensions from the Russian Federation's pension authorities.

Additionally, the Pension Fund noted that during her lifetime, the pensioner did not apply for the resumption of pension payments nor submitted a notification about not receiving a pension from the Russian pension authorities.

According to the defendant, funds not accrued to the deceased cannot be considered an underpaid pension and therefore are not subject to payment to family members or heirs. The Pension Fund also argued that the right to a pension and other social payments is not part of the inheritance.

The court established that the plaintiff is the daughter of the deceased pensioner and properly accepted the inheritance. Case materials show that the pensioner was registered with the Pension Fund as a recipient of an old-age pension. According to Pension Fund letters, pension payments were suspended from September 1, 2022. After the pensioner's death, the heir applied to the court to protect her right to inherit the unpaid pension for the period from September 1, 2022, to the day of the decedent's death.

Position and Conclusions of the Court

The court noted that according to Articles 1216 and 1218 of the Civil Code of Ukraine, the inheritance includes all rights and obligations belonging to the decedent at the time of the inheritance opening and not terminated by death.

At the same time, the court referred to part five of Article 1268 of the Civil Code of Ukraine, which states that regardless of the time of acceptance, the inheritance belongs to the heir from the moment of its opening. The heir cannot accept only part of the inheritance and refuse the rest. A person who accepts part of the estate is considered to have accepted the entire inheritance.

Based on this, the court concluded that the heir acquired the right to receive the entire accrued and unpaid pension of the decedent during her lifetime.

The court separately rejected the Pension Fund's arguments about the impossibility of accruing the pension for the disputed period. The court emphasized that Article 49 of the Law of Ukraine "On Compulsory State Pension Insurance" provides grounds for terminating pension payments, not their accrual. Even if there is a decision to stop pension payments, it does not mean the accrual is terminated, as the law explicitly allows for resumption of payments after the relevant circumstances are resolved.

Furthermore, the court noted that the defendant did not provide a decision to terminate pension payments to the decedent on any grounds other than the pensioner's death.

In resolving the dispute, the court took into account the legal conclusion of the Supreme Court set out in the ruling dated June 27, 2024, in case No. 243/11178/21, according to which the termination of pension payments during the decedent's lifetime on grounds not provided by law, as well as the lack of appeal by the decedent against such actions, does not terminate already assigned pension payments and does not deprive heirs of the right to inherit the right to receive them. Such payments are considered to have belonged to the decedent and are subject to inheritance in accordance with Article 1227 of the Civil Code of Ukraine.

The court also rejected the defendant's reference to part one of Article 46 of the Law of Ukraine "On Compulsory State Pension Insurance," which limits pension payments for past periods to no more than three years before the pensioner's application. The court noted that this provision regulates relations involving a living pensioner as the owner of a personal pension right and does not apply to inheritance relations.

As a result of the case review, the court recognized the heir's right of ownership by law to the underpaid pension of the deceased mother for the period from September 1, 2022, to January 14, 2025, obliged the Main Department of the Pension Fund of Ukraine in Donetsk Region to accrue and pay the specified funds, and also recovered from the defendant in favor of the plaintiff court fees amounting to 1,211.20 UAH.

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