The Pension Fund of Ukraine refused a military serviceman a pension recalculation after discharge, so he went to court

The Fifth Administrative Court of Appeal obliged the Pension Fund to recalculate the pension of a military retiree after mobilization.

Case circumstances

The plaintiff, who receives a pension for length of service according to the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons" dated 09.04.1992 No. 2262-XII (hereinafter - Law No. 2262), applied to the Main Department of the Pension Fund of Ukraine in Mykolaiv region demanding a pension recalculation.

In support of his claims, the plaintiff stated that his length of service, taking into account the time served in the Armed Forces of Ukraine, which is subject to preferential conditions, exceeds 23 calendar years, therefore the plaintiff acquired the right to be granted a pension for length of service based on paragraph a of Article 12 of Law No. 2262-XII.

The pension was assigned to the plaintiff from January 23, 2023, following the decision of the Mykolaiv District Administrative Court dated July 5, 2023, in case No. 400/4809/23.

After discharge from military service on July 2, 2025, to which the plaintiff was called up during mobilization, documents for recalculation were submitted to the Pension Fund: a monetary certificate dated 02.07.2025 No. 625/6/498, certificates from the military unit dated 02.07.2025 No. 625/6/499 and No. 625/6/500 regarding the amounts of monthly additional types of monetary allowance and bonuses, as well as other documents.

The Main Department of the Pension Fund of Ukraine in Mykolaiv region refused the pension recalculation, citing the plaintiff's lack of the necessary calendar length of service required by paragraph "a" of Article 12 of Law No. 2262 for granting a pension for length of service.

The plaintiff went to court demanding:

• to recognize the actions of the Main Department of the Pension Fund of Ukraine in Mykolaiv region regarding the refusal to recalculate the pension as unlawful;
• to oblige the Main Department to recalculate the pension from July 2, 2025, based on the submitted monetary certificate and certificates.

The Mykolaiv District Administrative Court by its decision dated March 30, 2026, denied the claim. The court of first instance considered that the dispute concerned the granting of a pension for length of service, not its recalculation, and that the preferential length of service is taken into account only to determine the pension amount, not the basis for its granting.

Court decision

The Fifth Administrative Court of Appeal in its ruling dated May 26, 2026 (case No. 400/13320/25) overturned the decision of the court of first instance and adopted a new decision partially satisfying the claim.

The appellate court established that the subject of the dispute is not the granting of a pension, but the recalculation of an already granted pension after the plaintiff's discharge from military service, to which he was called during mobilization.

The court noted that according to part 3 of Article 2 of Law No. 2262, pension payments to such persons do not cease during the period of service, and after discharge, the pension is subject to recalculation taking into account additional length of service. The recalculation of previously assigned pensions is regulated by Article 63 of Law No. 2262, which provides for recalculation in case of changes in the amount of monetary allowance or submission of new documents.

The appellate court emphasized that the procedures for granting a pension and its recalculation differ. When recalculating an already assigned pension, the requirements for calendar length of service necessary for the initial granting of a pension under paragraph "a" of Article 12 of Law No. 2262 do not apply. The Pension Fund's refusal, based on the absence of such length of service, is unlawful.

Operative part of the ruling:

• To recognize the actions of the Main Department of the Pension Fund of Ukraine in Mykolaiv region regarding the refusal to recalculate the pension as unlawful.
• To oblige the Main Department to recalculate and pay the pension based on the monetary certificate dated 02.07.2025 No. 625/6/498, certificates from the military unit dated 02.07.2025 No. 625/6/499 and No. 625/6/500, taking into account previously made payments, starting from July 3, 2025.

The appellate court's ruling comes into legal force from the date of its adoption and may be appealed in cassation to the Supreme Court within thirty days.

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