Pensioner Achieved Restoration of Monthly Supplement Payment of 2000 UAH through Court
The Zhytomyr District Administrative Court considered administrative case No. 240/27837/25 regarding a claim against the Main Department of the Pension Fund of Ukraine in Zhytomyr region about the legality of refusal to pay a monthly pension supplement of 2000 UAH, as provided by the Cabinet of Ministers of Ukraine Resolution No. 713 dated July 14, 2021 "On Additional Social Protection of Certain Categories of Persons." The dispute concerned the Pension Fund’s refusal to restore from December 1, 2025, the accrual and payment of the full amount of the supplement, as well as the demand to oblige the payment taking into account previously paid amounts. Circumstances of the case: The plaintiff is registered with the Main Department of the Pension Fund of Ukraine in Zhytomyr region and receives a pension according to the Law of Ukraine "On Pension Provision for Persons Released from Military Service and Some Other Persons." Previously, by the decision of the Zhytomyr District Administrative Court in case No. 240/10950/23, the Pension Fund was obliged to recalculate and pay the pension from April 1, 2019, based on an updated certificate of the amount of monetary provision. The defendant carried out the corresponding recalculation in compliance with this decision. Afterward, the pensioner applied to the Pension Fund for the accrual and payment of a monthly pension supplement of 2000 UAH according to Cabinet Resolution No. 713. In response, the Pension Fund stated that after the recalculation performed pursuant to the court decision, the pension amount increased by more than 2000 UAH. On this basis, the authority considered that the full monthly supplement was not subject to payment. According to Resolution No. 713, the pensioner was granted only a partial supplement of 475.99 UAH, which the defendant considered the amount lacking to reach 2000 UAH. Disagreeing with this position, the plaintiff appealed to the court, arguing that the pension recalculation carried out solely to comply with the court decision cannot be a reason to stop paying the monthly supplement established by Cabinet Resolution No. 713. Court decision: The court noted that legal relations in the field of pension provision for persons released from military service are regulated by Law of Ukraine No. 2262-XII "On Pension Provision for Persons Released from Military Service and Some Other Persons." The court cited Article 63 of this Law, which defines the procedure for recalculating previously assigned pensions, and analyzed the provisions of the Cabinet of Ministers of Ukraine Resolution No. 713 dated July 14, 2021 "On Additional Social Protection of Certain Categories of Persons." In particular, the court emphasized that Resolution No. 713, from July 1, 2021, established a monthly supplement of 2000 UAH for certain categories of military pensioners. The resolution provides that in case of pension review or recalculation after March 1, 2018, such supplement is not paid, except when the pension increase does not reach 2000 UAH. At the same time, the court considered the legal conclusions of the Supreme Court, particularly in the rulings dated November 8, 2022, in case No. 420/2473/22 and March 2, 2023, in case No. 600/870/22-a. The Supreme Court concluded that the purpose of adopting Resolution No. 713 was to gradually reduce disparities in pension amounts assigned before March 1, 2018. The court stated that a pension recalculation excluding the right to receive the monthly supplement under Resolution No. 713 must be related to an increase in monetary provision of the respective categories of servicemen based on a normative legal act of a competent authority. Conversely, a pension recalculation carried out solely to comply with a court decision aimed at eliminating a violated right to the proper pension amount is not a recalculation due to changes in components of monetary provision or other indicators of the basic pension amount. Therefore, such recalculation cannot be a reason to stop or reduce the monthly supplement provided by Resolution No. 713. In view of this, the court found the Pension Fund’s arguments that the recalculation performed pursuant to the court decision after March 1, 2018, deprives the pensioner of the right to receive the full monthly supplement to be erroneous. As a result, the court recognized the actions of the Main Department of the Pension Fund of Ukraine in Zhytomyr region regarding the refusal to recalculate and pay the pension including the monthly supplement of 2000 UAH from December 1, 2025, according to Cabinet Resolution No. 713, as unlawful. The court also obliged the Main Department of the Pension Fund of Ukraine in Zhytomyr region to recalculate and pay the pension including the monthly supplement of 2000 UAH from December 1, 2025, according to Cabinet Resolution No. 713, with crediting previously paid amounts. Additionally, the court fee of 1211.20 UAH was recovered from the defendant’s budget allocations in favor of the plaintiff. Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook and Instagram pages to stay informed about the most important events.
