Can a pension be lower after recalculation: a pensioner won a larger amount back through the court
The Zhytomyr District Administrative Court satisfied the pensioner's claim and obliged the Pension Fund to maintain the previous amount of his pension, as the payment became lower after the recalculation.
The pensioner challenged the reduction of payments
The pensioner applied to the Zhytomyr District Administrative Court with a claim against the Main Department of the Pension Fund of Ukraine in Zhytomyr region, requesting:
- to recognize the inaction of the Main Department of the Pension Fund of Ukraine in Zhytomyr region regarding the failure to maintain the previous pension amount during the pension recalculation from March 1, 2023, according to the submission dated August 20, 2023, No. 12395, as unlawful;
- to oblige the Main Department of the Pension Fund of Ukraine in Zhytomyr region to carry out from March 1, 2023, the recalculation, additional payment, and further payment until the next pension increase, calculating the pension amount at 17,918.38 UAH.
The plaintiff justified his claims by stating that initially he was assigned a pension amount of 17,918.38 UAH. After his repeated discharge from military service on February 23, 2023, a pension recalculation was made, as a result of which the pension amount decreased to 14,390.48 UAH. In June 2024, the plaintiff contacted the Main Department of the Pension Fund of Ukraine in Zhytomyr region requesting to pay the pension at the previous amount, but he was refused by a letter dated July 1, 2024, No. 0600-0308-8/81044.
What the court decided
The Zhytomyr District Administrative Court in case No. 240/12951/24 decided to satisfy the administrative claim.
The court recognized the inaction of the Main Department of the Pension Fund of Ukraine in Zhytomyr region regarding the failure to maintain the previous pension amount during the pension recalculation from March 1, 2023, as unlawful and obliged the Main Department of the Pension Fund of Ukraine in Zhytomyr region to carry out from March 1, 2023, the recalculation and payment until the next pension increase, calculating the pension amount at 17,918.38 UAH.
The court noted that according to part four of article 63 of the Law of Ukraine "On pension provision for persons released from military service and some other persons," if as a result of pension recalculation provided by this part, the pension amounts are lower, the previously assigned pension amounts are preserved.
The court concluded that as a result of the recalculation, the plaintiff's pension amount decreased (is lower than the pension amount before recalculation), therefore the defendant is obliged to maintain the previously assigned pension amount.
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