Heir recovered over 356 thousand UAH of unpaid pensions of deceased parents through the court

The Vinnytsia Court of Appeal considered the appeal of the Main Department of the Pension Fund of Ukraine in Vinnytsia region in case No. 127/23796/25 regarding the recovery by inheritance of unpaid pension amounts of deceased pensioners. The court reviewed the legality of the first instance court's decision, which satisfied the heir's claim against the Pension Fund authority, and concluded that there were no grounds for its cancellation.

Circumstances of the case

The plaintiff applied to the court demanding the recovery of unpaid pension amounts that belonged to her deceased parents and became part of the inheritance.

After the death of her mother and father, the plaintiff received certificates of inheritance rights according to the law, under which she inherited the right to receive the unpaid pension amounts due to the deceased. In particular, the inheritance included pension amounts accrued to the deceased but not received by them during their lifetime.

In July 2021, the heir applied to the Main Department of the Pension Fund of Ukraine in Vinnytsia region with applications for payment of unpaid pensions based on the certificates of inheritance rights.

Information provided by the Pension Fund shows that both pensioners were registered as internally displaced persons. Part of the unpaid pension amounts was paid during the period from November 18, 2022, to December 5, 2024. At the same time, as of June 1, 2025, the remaining unpaid amounts were 53,069.71 UAH for the mother's pension and 303,716.15 UAH for the father's pension.

Believing that the Pension Fund unjustifiably does not pay the inheritance due to her, the plaintiff requested to recover these amounts through the court.

The Vinnytsia City Court of Vinnytsia region satisfied the claim. The court recovered in favor of the heir 53,069.71 UAH of unpaid pension after the mother's death and 303,716.15 UAH of unpaid pension after the father's death.

Disagreeing with this decision, the Main Department of the Pension Fund of Ukraine in Vinnytsia region filed an appeal.

The appellant argued that the disputed amounts should be paid according to the Procedure for payment of pensions for the past period, approved by the Cabinet of Ministers of Ukraine resolution No. 1165 dated November 10, 2021.

According to the Pension Fund, the unpaid pension payments were accounted for and included in the list of recipients of payments for the past period. Therefore, their payment should be made under a separate budget program at the expense of the state budget within the allocated financial resources, which excludes the possibility of satisfying the claim.

Conclusions of the appellate court

The Vinnytsia Court of Appeal agreed with the conclusions of the first instance court about the plaintiff's right to receive the disputed amounts as inheritance property.

The court noted that according to Article 52 of the Law of Ukraine "On Compulsory State Pension Insurance" and Article 1227 of the Civil Code of Ukraine, pension amounts due to a pensioner and left unpaid due to their death, in the absence of persons entitled to receive them as family members, are part of the inheritance.

The appellate court emphasized that the inheritance includes all rights and obligations belonging to the deceased at the time of opening the inheritance and not terminated by their death. Only rights and obligations belonging to the deceased at the time of death can be inherited, and the right to inheritance passes to heirs who accepted the inheritance in the manner prescribed by law.

The court stated that analysis of substantive law norms allows concluding that pension amounts inherited are transferred to heirs in full without any time limitations. At the same time, the provisions of part one of Article 46 of the Law of Ukraine "On Compulsory State Pension Insurance," which establish restrictions on pension payments for the past period not exceeding three years before the date of application, do not apply to legal relations related to heirs receiving pension amounts included in the inheritance.

The panel of judges referred to the legal conclusion of the Supreme Court set out in the ruling dated September 23, 2020, in case No. 428/6685/19, according to which pension amounts inherited must be transferred to heirs in full.

The court also cited the legal position of the United Chamber of the Cassation Civil Court of the Supreme Court, expressed in the ruling dated February 14, 2022, in case No. 243/13575/19. The Supreme Court noted that Article 1227 of the Civil Code of Ukraine establishes a special mechanism of succession regarding social payments due to the deceased and not received during their lifetime. The right to receive such amounts arises due to the death of the deceased and is directly provided by law. The reasons why these payments were not received during the deceased's lifetime are legally irrelevant.

The appellate court concluded that the plaintiff confirmed her ownership right to the disputed funds by certificates of inheritance rights according to the law and therefore has the right to receive them as inheritance property.

Separately, the panel of judges rejected the Pension Fund's arguments regarding the application of Procedure No. 1165. The court noted that this regulatory act establishes additional conditions for payment of unpaid pensions to internally displaced persons and residents of temporarily occupied territories, which are not provided for by the Constitution of Ukraine and the Law of Ukraine "On Compulsory State Pension Insurance."

According to the court, Procedure No. 1165 does not regulate inheritance legal relations, since after the death of pensioners, unpaid pension payments acquired the status of inheritance property. Accordingly, the heir's ownership right to such funds is confirmed by certificates of inheritance rights and cannot depend on the mechanism of financing pension payments for the past period.

In view of this, the appellate court recognized the first instance court's decision as lawful and justified and left the appeal of the Main Department of the Pension Fund of Ukraine in Vinnytsia region without satisfaction, and the decision of the Vinnytsia City Court of Vinnytsia region unchanged.

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