Worked after retirement: The Supreme Court explained when the Pension Fund must resume payments
The Cassation Administrative Court as part of the Supreme Court considered the case regarding the recognition as unlawful and cancellation of the Pension Fund’s decision to refuse to resume the payment of the old-age pension to the plaintiff starting from the moment of dismissal from work.
The disputed issue is determining the date from which the plaintiff has the right to resume the pension granted on preferential terms after her dismissal.
According to paragraph "e" of Article 55 of the Law of Ukraine dated 05.11.1991 No. 1788-XII "On Pension Provision" (hereinafter — Law No. 1788-XII) (as amended at the time of the plaintiff’s pension appointment for long service and termination of its payment), the right to a long service pension is granted to employees of education, healthcare, and social security with a special work experience from 25 to 30 years according to the list approved in the manner determined by the Cabinet of Ministers of Ukraine, regardless of age.
The Cassation Administrative Court of the Supreme Court noted that long service pensions are granted upon dismissal from work that entitles to this type of pension. In case of employment after the appointment of a long service pension in a position that entitles to this type of pension, the pension payment is suspended and resumed from the day following the day of dismissal from work. At the same time, to resume the payment of the respective pension, the person must apply to the pension authority with the appropriate application, in accordance with paragraphs 2.5 and 11 of the Procedure for submitting and processing documents for the appointment (recalculation) of pensions according to the Law "On Compulsory State Pension Insurance," approved by the Pension Fund Board resolution dated 25.11.2005 No. 22-1, registered with the Ministry of Justice of Ukraine on 27.12.2005 under No. 1566/11846.
The court established that the plaintiff was granted a long service pension under Law No. 1788-XII as a healthcare worker from 28.07.2010, however, from 01.12.2010 the pension payment was suspended due to employment in a position entitling to the respective pension, and on 31.07.2025 the plaintiff applied to the Pension Fund authority at her place of residence with a request to resume the long service pension payments, attaching, among other documents, a copy of the employment record book, which showed that the plaintiff ceased the work entitling to the long service pension from 31.08.2023.
Under these circumstances, the Cassation Administrative Court of the Supreme Court in case No. 280/8287/25 agrees with the conclusions of the court of first instance that the plaintiff has the right to resume the respective pension from the day following the day of dismissal, i.e., from 01.09.2023. At the same time, the Supreme Court does not agree with the appellate court’s conclusion on applying a 6-month limitation period for restoring the plaintiff’s violated right, since the plaintiff stated in the cassation appeal that the conclusions of the Grand Chamber of the Supreme Court set out in the ruling dated 24.12.2020 in case No. 510/1286/16-а regarding the application of provisions of Article 87 of Law No. 1788-XII and Article 46 of Law No. 1058-IV are to be applied in cases challenging inactivity, actions, and/or decisions of an authority regarding calculation, appointment, or recalculation of pension payments only if the following conditions are met: 1) these amounts must be accrued by the pension authority; 2) these amounts must be unpaid due to the fault of the state represented by the pension authority.
Therefore, the appellate court’s ruling is subject to cancellation, leaving the first instance court’s decision in force regarding the satisfied claims.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page Facebook and on Instagram to stay updated on the most important events.
