The Pension Fund refused to pay after the pensioner's death, but the court ordered payment to the widow of almost 200 thousand UAH
The Khmelnytskyi City District Court sided with the widow of the deceased pensioner and ordered the Main Department of the Pension Fund of Ukraine in the Khmelnytskyi region to pay her nearly 200 thousand hryvnias of the pension that was not paid to her husband on time.
As the court established, the pensioner was underpaid a length-of-service pension according to the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons." From 2021 to 2023, the Khmelnytskyi District Administrative Court issued three rulings obliging the Pension Fund to pay the man over 198 thousand hryvnias of debt.
However, the pensioner died at the beginning of 2024 without ever receiving the payments due to him.
After his death, an inheritance case was opened, and the wife was recognized as the legal heir. She applied to the Pension Fund for the unpaid pension, but was refused.
Disagreeing with this position, the woman went to court. As a result, the court satisfied the claim and ordered the Main Department of the Pension Fund in Khmelnytskyi region to pay the widow 198,061.23 UAH as the unpaid pension of her husband.
"The statements in the letter from the Main Department of the Pension Fund in Khmelnytskyi region that the unpaid pension to the deceased during his lifetime was not paid due to lack of appropriate funding do not affect the legality of the court decision or the plaintiff's rights to recover the unpaid pension in her favor as the heir of the person who acquired the right to this pension during his lifetime but did not receive it. This right of the plaintiff is provided by civil law and cannot be limited due to lack of funding," the court noted in its decision.
The decision was made in case No. 686/1159/26. It can still be appealed.
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