Daughter Obtained Nearly UAH 245,000 of Pension Payments Her Father Did Not Receive During His Lifetime Through Court
The Odessa Court of Appeal upheld the decision of the court of first instance, which ordered the Main Department of the Pension Fund of Ukraine in the Odessa region to pay the heir UAH 244,969.87 of pension accrued to her deceased father pursuant to a court ruling but not paid during his lifetime. The Pension Fund's appeal was dismissed.
Case Circumstances
In 2022, the Odessa District Administrative Court recognized the Pension Fund's refusal to recalculate the man's pension as unlawful and ordered the recalculation and payment from April 1, 2019, based on an updated certificate of monetary provision. Following this ruling, the Pension Fund determined the amount of arrears at 244,969.87 UAH, but it was not paid during the pensioner's lifetime.
After the man's death, his daughter inherited the estate. According to the will, she was the sole heir, and the inheritance case materials contained no information about other persons claiming the inheritance. The plaintiff filed a lawsuit demanding the Pension Fund pay the accrued but unpaid pension amount. The amount was also confirmed by the Pension Fund's own response.
The Primorsky District Court of Odessa partially satisfied the claim. The court denied the request to recognize ownership rights to these funds, stating that the proper remedy was to recover the funds from the Pension Fund, and awarded 244,969.87 UAH.
What the Pension Fund Claimed
In its appeal, the Main Department of the Pension Fund of Ukraine in the Odessa region argued that the court of first instance incorrectly applied substantive law and did not consider the Supreme Court's legal position set out in the ruling dated November 28, 2023, in case No. 420/244/20.
The Pension Fund maintained that when payments due to a deceased person pass to heirs, such relations are not hereditary and therefore do not allow succession or application of inheritance law norms.
Why the Appellate Court Rejected These Arguments
The panel of judges emphasized that legislation provides a special procedure for paying unpaid pension after the pensioner's death. If family members entitled to such payment do not apply within six months from the opening of the inheritance, the amount becomes part of the inheritance.
The court noted that the Pension Fund failed to prove the existence of family members who applied for the unpaid pension within the legally established six-month period. Under these circumstances, the court concluded that the disputed amount became part of the inheritance.
The appellate court also pointed out that the Supreme Court's legal position in case No. 420/244/20, cited by the Pension Fund, is not applicable in this dispute. That case concerned the substitution of a party in enforcement proceedings in an administrative case, whereas this case involved civil inheritance relations regarding recovery of accrued but unpaid pension.
Instead, the panel applied established practice of the Supreme Court's Grand Chamber and the Civil Cassation Court, according to which the accrued but unpaid pension amount can be an object of inheritance relations, and disputes over its recovery are considered under civil procedure rules.
Court Conclusion
The Odessa Court of Appeal concluded in case 522/20664/25-e that the court of first instance correctly determined the nature of the disputed legal relations, applied civil law and special pension laws, and reasonably recovered 244,969.87 UAH of unpaid pension from the Pension Fund in favor of the heir.
As a result, the appeal of the Main Department of the Pension Fund of Ukraine in the Odessa region was dismissed, and the decision of the Primorsky District Court of Odessa remained unchanged.
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