A serviceman won a court case to have his disability pension assigned from 2023 and to receive back payments

The Mykolaiv District Administrative Court considered a case filed by a serviceman against the Main Department of the Pension Fund of Ukraine in the Mykolaiv region regarding the recognition of unlawful actions related to determining the date of assignment of a disability pension and the obligation to assign such a pension from a different date.

The dispute arose because the pension authority assigned the plaintiff a disability pension according to the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons" from the date the necessary documents were received by the Pension Fund, while the plaintiff believed that his right to such a pension arose from the day following his discharge from military service.

Case Summary

The plaintiff served in the Armed Forces of Ukraine under mobilization from June 29, 2022. During his service, he sustained an injury related to the defense of the homeland. Subsequently, he was assigned the third disability group due to an illness connected with his military service.

By order of the military unit commander dated May 6, 2023, the plaintiff was discharged from military service for health reasons in accordance with paragraph 2 of part four of article 26 of the Law of Ukraine "On Military Duty and Military Service."

After discharge, the plaintiff received a disability pension under the Law of Ukraine "On Compulsory State Pension Insurance." Later, he exercised the right to receive a disability pension under the conditions of Law No. 2262-XII as a person released from military service.

The Main Department of the Pension Fund of Ukraine in the Mykolaiv region assigned this pension from May 28, 2024 — the date the pension authority received the package of documents for its assignment.

In July 2025, the plaintiff applied to the pension authority regarding the correctness of the pension assignment date and received a response stating that the pension was assigned in accordance with current legislation.

Disagreeing with this position, the plaintiff went to court. He argued that according to Law No. 2262-XII, the pension should have been assigned from May 7, 2023, i.e., the day after his discharge from military service.

Defendant's Position

The Main Department of the Pension Fund of Ukraine in the Mykolaiv region requested the court to deny the claim.

The defendant stated that the disability pension was lawfully assigned from May 28, 2024, as that was the day the necessary documents were received by the Pension Fund.

Court's Assessment and Conclusions

The court noted that Law No. 2262-XII is a special law regulating pension provision for persons released from military service.

According to paragraph "b" of article 50 of Law No. 2262-XII, persons recognized as disabled within three months after discharge due to illness, injury, or wound received during military service are entitled to a pension from the day following discharge, but not earlier than the day until which monetary allowance was paid.

The court established that the plaintiff was discharged on May 6, 2023, and his disability was assigned on July 25, 2023, within the three-month period provided by law.

The court emphasized that when a person initially receives one type of pension under Law No. 1058-IV and later exercises the right to a pension under Law No. 2262-XII, it is not a transfer from one type of pension to another but an assignment of a pension based on a special law.

The court noted that the conditions and mechanisms for assigning disability pensions under Law No. 1058-IV and Law No. 2262-XII differ significantly. A key feature of the pension under Law No. 2262-XII is that it is assigned after discharge from military service and does not depend on the person's age or insurance record.

The court found that the defendant unjustifiably linked the pension assignment date to the day the documents were received by the Pension Fund and did not consider the provisions of paragraph "b" of article 50 of Law No. 2262-XII, according to which the right to a pension arises the day after discharge.

The court stressed that a person's right to receive a pension cannot depend on when the authorized body formed and submitted the necessary documents to the Pension Fund.

The court also found the defendant's references to the provisions of Procedure No. 3-1 regarding the determination of the day of application for pension assignment to be erroneous. According to the court, these norms regulate the procedure for submitting documents but do not determine the day the right to a disability pension arises.

The court concluded in case No. 400/9753/25 that due to the incorrect determination of the pension assignment date, the plaintiff was underpaid pension benefits for the past period.

Considering the established circumstances, the Mykolaiv District Administrative Court recognized the actions of the Main Department of the Pension Fund of Ukraine in the Mykolaiv region regarding the incorrect determination of the disability pension assignment date as unlawful and obliged it to assign the plaintiff a disability pension under Law No. 2262-XII from May 7, 2023, with payment of arrears for the past period taking into account previously paid pension amounts.

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