The Pension Fund of Ukraine refused the recalculation: the court obliged to pay the Chernobyl victim no less than 6 minimum age pensions

The Ternopil District Administrative Court considered administrative case No. 500/2087/26 filed by a person affected by the Chernobyl disaster who has a Group III disability related to a disease caused by the consequences of the Chornobyl Nuclear Power Plant accident, against the Main Department of the Pension Fund of Ukraine in Ternopil region.

The subject of the dispute was the refusal of the Pension Fund authority to recalculate the basic pension and the additional pension for health damage in accordance with the provisions of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster."

Circumstances of the case

The plaintiff is a person affected by the Chernobyl disaster of category 1 and receives a Group III disability pension established due to a disease related to the consequences of the Chernobyl disaster. The plaintiff is registered with the Main Department of the Pension Fund of Ukraine in the Ternopil region and receives pension payments according to the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster."

When applying to the court, the plaintiff stated that after the Constitutional Court of Ukraine decisions dated April 7, 2021 No. 1-r(II)/2021 and April 3, 2024 No. 4-r(I)/2024, the effect of part four of Article 54 of Law No. 796-XII in the edition of Law No. 230/96-VR was restored. According to the plaintiff, this grants the right to receive a Group III disability pension in an amount not less than six minimum age pensions, as well as an additional pension for health damage in the amount of 50 percent of the minimum age pension.

The case materials established that the plaintiff's monthly pension amount was 14,336.82 UAH, which is less than six minimum age pensions. In addition, the additional pension for health damage was paid at 170.82 UAH per month according to the Cabinet of Ministers of Ukraine Resolution No. 1210, which is also significantly less than 50 percent of the minimum age pension.

The plaintiff applied to the Pension Fund with a request to recalculate the pension and establish the additional pension in the amounts provided by Articles 50 and 54 of Law No. 796-XII in the edition of Law No. 230/96-VR. In response, the Pension Fund refused to satisfy the request, citing the absence of legal grounds for such recalculation.

Therefore, the plaintiff asked the court to recognize the actions of the Pension Fund as unlawful regarding the refusal to calculate and pay the basic pension in the amount of six minimum age pensions and the additional pension for health damage in the amount of 50 percent of the minimum age pension, and to oblige the recalculation and payment starting from January 1, 2026, taking into account previously paid amounts.

Court's position

The court noted that Article 16 of the Constitution of Ukraine imposes on the state the obligation to overcome the consequences of the Chernobyl disaster and ensure proper social protection of persons affected by it. At the same time, Article 46 of the Constitution guarantees citizens the right to social protection.

Analyzing the provisions of Law No. 796-XII, the court pointed out that in the edition of Law No. 230/96-VR, part four of Article 54 provided for a minimum pension amount for persons with Group III disability related to the Chernobyl disaster at the level of six minimum age pensions.

The court emphasized that the Constitutional Court of Ukraine decision dated April 7, 2021 No. 1-r(II)/2021 recognized as unconstitutional the legislative regulation that gave the Cabinet of Ministers of Ukraine the authority to independently determine the minimum pension amounts for persons affected by the Chernobyl disaster. The Constitutional Court concluded that the Cabinet of Ministers set significantly lower pension amounts compared to the guarantees established by law.

The court also took into account the Constitutional Court of Ukraine decision dated April 3, 2024 No. 4-r(I)/2024, which stated that the legislator reintroduced legal regulation that led to a reduction of the guaranteed level of social protection for those affected by the Chernobyl disaster. The Constitutional Court stressed that the pension for such persons is a special form of compensation for health damage and cannot be canceled, reduced, or made dependent on the state's financial capabilities.

The court also referred to the legal conclusions of the Supreme Court, according to which courts should not apply normative legal acts that contradict the Constitution of Ukraine and laws of Ukraine, even if such acts formally remain in force.

Assessing the circumstances of the case and the cited legal regulation, the court concluded that after the Constitutional Court decisions, the provisions of part four of Article 54 of Law No. 796-XII in the edition of Law No. 230/96-VR apply, guaranteeing persons with Group III disability, whose disability is causally linked to the Chernobyl disaster, a pension of no less than six minimum age pensions.

The court noted that the additional pension for health damage is an integral part of enhanced social protection for persons affected by the Chernobyl disaster and must be paid in the manner and amounts defined by Article 50 of Law No. 796-XII in the edition of Law No. 230/96-VR.

Therefore, the court recognized the actions of the Main Department of the Pension Fund of Ukraine in the Ternopil region as unlawful regarding the refusal to calculate and pay the plaintiff the basic pension in the amount of six minimum age pensions and the additional pension for health damage in the amount of 50 percent of the minimum age pension.

The court obliged the Pension Fund to recalculate and pay the basic pension in the amount of six minimum age pensions, as well as the additional pension for health damage in the amount of 50 percent of the minimum age pension for the period from January 1, 2026, taking into account previously paid amounts.

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