The Pension Fund did not recalculate the military pension due to 'old data' – the court sided with the serviceman

The Vinnytsia District Administrative Court obliged the Pension Fund to recalculate the pension taking into account the corrected monetary allowance.

Case circumstances

The plaintiff is registered with the Main Department of the Pension Fund of Ukraine in Vinnytsia region and receives a length-of-service pension assigned in accordance with the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons" dated 09.04.1992 No. 2262-XII.

The plaintiff served in a military unit. By order of the Commander of the Air Forces of the Armed Forces of Ukraine dated 21.10.2021 No. 89-RS, he was discharged to the reserve, and by order of the military unit commander dated 04.11.2021 No. 218, he was removed from the personnel list as of 04.11.2021.

During service from January 2020 until the day of discharge, the plaintiff's monetary allowance (official salary and military rank salary) was incorrectly calculated and paid. Due to this, the monetary certificate and certificates of additional types of monetary allowance for the last 24 calendar months of service, submitted for pension assignment, contained understated amounts.

In October 2023, the plaintiff was recalculated and paid the due amounts of monetary allowance for the period from 29.01.2020 until the day of discharge. For the pension recalculation, the military unit issued updated documents: monetary certificate dated 09.06.2025 No. 1409/180/147/187, certificates of additional types of monetary allowance dated 09.06.2025 No. 1409/180/147/188-1, No. 1409/180/147/188-2, and a certificate from the military unit.

On June 23, 2025, the plaintiff applied to the Main Department of the Pension Fund of Ukraine in Vinnytsia region with a request to recalculate the assigned pension based on the updated documents. However, the Main Department refused to recalculate the pension taking these documents into account.

Disagreeing with the refusal, the plaintiff filed a lawsuit to recognize the actions of the Main Department of the Pension Fund of Ukraine in Vinnytsia region as unlawful and to oblige it to recalculate and pay the pension.

Court decision

On May 18, 2026, the Vinnytsia District Administrative Court in case No. 120/9356/25 ruled to satisfy the administrative claim.

The court established that when assigning the pension, the monetary certificate and certificates with incorrectly calculated monetary allowance amounts were taken into account. The updated documents issued by the military unit after correcting the payments contain the correct amounts of the monetary allowance components that should be considered according to Article 43 of Law No. 2262-XII.

The court noted that according to Articles 63 of Law No. 2262-XII and Procedure No. 3-1, the basis for recalculating a previously assigned pension is the submission by the pensioner of additional documents entitling them to a pension increase. The Pension Fund's refusal to recalculate based on such documents is unlawful.

Court ruling:

• To recognize the actions of the Main Department of the Pension Fund of Ukraine in Vinnytsia region regarding the refusal to recalculate and pay the pension based on the submitted updated monetary certificate and certificates as unlawful.
• To oblige the Main Department of the Pension Fund of Ukraine in Vinnytsia region to recalculate from the date of pension assignment and pay the pension considering the monetary allowance specified in the updated documents, taking into account previously paid amounts.
• To recover in favor of the plaintiff the court fee paid in the amount of UAH 1,211.20 at the expense of the budget allocations of the Main Department of the Pension Fund of Ukraine in Vinnytsia region.

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