How to appeal against the Pension Fund's refusal to grant a pension: procedure, deadlines, and advice

A refusal by the Pension Fund of Ukraine (PFU) to grant a pension does not mean your rights are finally lost. Often the reason is technical: uncounted insurance record (qualifying service), discrepancies in documents, missing confirmations of preferential entitlement, or errors in the records. It’s important to act immediately: obtain the written decision, check the grounds, gather evidence, and choose an appeal route—administrative (a complaint within the PFU system) and/or judicial (an administrative claim).

Below is a practical step-by-step guide: what to check, where to apply, which deadlines not to miss, and how to prepare documents to increase your chances of a positive outcome.

Reasons for the Pension Fund’s refusal to grant a pension

The reasons for refusal are usually set out in the PFU decision. Most often, they come down to a question of law (whether you qualify) or evidence (whether the qualifying facts are properly documented).

Uncounted insurance record (qualifying service)

The PFU may fail to count certain periods if:

• there is no data in the register of insured persons (especially for certain years);
• the employer did not pay contributions or submitted incorrect reports;
• entries in the employment record book are not supported by primary documents/certificates;
• periods of military service, caregiving, study, etc., require separate confirmation.

In practice, this means you need to identify which specific period was not counted and how it can be confirmed (archives, certificates, orders, payroll records, individual statements such as OK-5/OK-7, etc.).

Inaccuracies in documents (names, entries, duplicates)

A refusal may be issued due to discrepancies in personal data, for example:

• different spellings of the surname/first name (transliteration, surname change after marriage);
• errors in date of birth, RNOKPP (tax ID), or passport details;
• an employment record book with corrections that are not properly certified;
• missing documents confirming a surname change or an incomplete “chain” of documents.

In such cases, the PFU typically states that it cannot properly identify the person or verify specific periods of work.

Lack of proof for specific grounds (preferential service)

For preferential pensions (Lists No. 1/No. 2, special service, certain categories), the following are often missing:

• clarifying certificates from the employer (position, nature of work, full-time workday, and the legal basis for the benefit);
• workplace attestation (certification) results;
• proof of the “preferential” nature of the work, not just the fact of employment.

If the evidence is insufficient, the PFU may decline to count preferential service in full or in part.

Other common grounds for refusal

Typical wording includes:

• retirement age not reached / required minimum service not met;
• certain periods not confirmed (work abroad, bankrupt enterprises, liquidated institutions with no archive);
• not all documents were submitted, or they were prepared improperly;
• there are inconsistencies in the application/attachments that the PFU requests you to correct.

What to do immediately after receiving a refusal

Obtain a written refusal stating the grounds

The first step is to have the PFU decision/letter clearly stating:

• what exactly was refused (granting the pension / counting service / recognizing entitlement, etc.);
• which legal provisions were applied;
• which facts or documents were considered insufficient.

Without a written document, it is difficult to properly draft a complaint or a claim and substantiate the violation.

Familiarize yourself with your rights and the appeal deadlines

For an administrative complaint within the PFU system: the complaint may be filed within 1 year from the date of the decision, but no later than 30 calendar days from the date the applicant became acquainted with the decision. A missed deadline may be restored for valid reasons by the authority reviewing the complaint.

For a judicial appeal, the general rule is 6 months from the day the person learned or should have learned of the violation of their right (Art. 122 of the Code of Administrative Procedure of Ukraine).

If you are unsure how to calculate deadlines and prepare documents, it’s best to seek a consultation.

Administrative appeal within the Pension Fund

An administrative complaint is a way to have a higher PFU level review a decision—often faster and simpler than going to court.

Where to submit a complaint (higher PFU level, regional office)

Under the current procedure:

• the complaint is submitted to the head of the territorial body whose official issued the challenged decision;
• if the decision was issued by the head of the territorial body, you may appeal to the Pension Fund of Ukraine and/or directly to the court;
• complaints to the Pension Fund of Ukraine are submitted through the territorial body whose decision is being appealed.

Deadlines for filing a complaint (1 month or up to 1 year)

The key timing rule:

• within one year from the date of the decision,
• but no later than 30 calendar days from the date the applicant became acquainted with the decision.

This means: if you became acquainted with the decision today, do not wait “up to a year”—the 30-day limit from the date of acquaintance still applies.

Which documents to attach to the complaint

The minimum set is usually:

• a copy of the PFU decision/refusal;
• copies of documents refuting the grounds for refusal (employment record book, certificates, archival extracts, OK-5/OK-7, etc.);
• passport/ID, RNOKPP (and, if needed, documents confirming a surname change);
• if there is a representative—documents confirming authority.

The procedure generally requires submitting the complaint together with documents showing that the decision is incorrect (copies are usually acceptable).

Procedure for reviewing PFU complaints (30–45 days)

The PFU must issue a reasoned decision:

• within a “reasonable time,” but no later than 30 calendar days after the complaint is received;
• in complex cases, the period may be extended once by up to 15 calendar days (i.e., effectively up to 45 days), with notice to the applicant.

Judicial appeal against a PFU refusal

If the PFU does not correct the mistake or you realize the dispute is fundamental (especially regarding service/preferential entitlement), going to court is often the real way to restore your right.

When it’s worth filing an administrative claim

It is advisable to go to court if:

• the refusal is based on interpretation of the law rather than simply a “missing document”;
• the PFU ignores the submitted evidence or responds formally;
• you need a binding court order requiring the PFU to count service/grant the pension, not just to “review”;
• the issue is urgent (risk of missing a deadline, need for payments).

Deadlines for judicial appeal (6 months)

The general deadline for filing with an administrative court is 6 months from the day you learned or should have learned of the violation of your right.

If the law provides for the possibility/requirement of a pre-trial procedure and the claimant used it, the time limit for filing with an administrative court is 3 months from the date the decision on the complaint is served. If a decision on the complaint is not adopted and/or not served within the statutory time limits, the 6-month period applies and is counted from the date the complaint was filed.

Jurisdiction (district administrative court)

These disputes are heard by administrative courts. In disputes challenging an individual act/action of a public authority (such as a PFU decision regarding a specific person), the claim can, as a rule, be filed at the claimant’s choice: either at the claimant’s registered place of residence or at the defendant’s location.

As a rule, the claim is filed with the competent administrative court under the territorial jurisdiction rules set by the Code of Administrative Procedure of Ukraine (considering the PFU authority’s location, and in some categories alternative jurisdiction may apply). If in doubt, this is a good reason to engage a pension lawyer or at least verify jurisdiction before filing.

How to prepare a statement of claim (structure, reasoning, evidence)

In a claim, it’s important not to argue emotionally but to legally show that:

• you qualify for the pension (age/service/preferential entitlement);
• the PFU misapplied the law or improperly assessed the evidence;
• the refusal violates your right and therefore the decision must be annulled/changed.

Typical claims include:

• declare the PFU decision unlawful and annul it;
• compel the PFU to count specific periods of service;
• compel the PFU to grant the pension (sometimes—from a specific date, if grounds exist).

Gathering evidence and preparing documents

List of core documents (employment book, certificates, service)

Most commonly used:

• employment record book (all pages with entries);
• certificates from employers/archives (service, position, working conditions);
• individual statements from the register (OK-5/OK-7);
• orders on hiring/dismissal, personal cards, timesheets (if available);
• documents on surname change, corrections, duplicates;
• correspondence with the PFU (application, requests for additional documents, responses).

Reasoning to show the violation of your right

A practical logic for a complaint/claim:

• what you requested (granting a pension);
• what response you received (refusal and the stated reason);
• why that reason is incorrect (explanation + references to evidence);
• what remedy you request (recalculate/count/grant).

This creates a clear cause-and-effect chain for both the PFU and the court.

Examples of additional evidence (copies of decisions, correspondence)

Additionally, the following may help:

• copies of previous PFU decisions (if a period of service was counted earlier);
• proof of submission of documents (inventory of enclosures, office stamp, receipt);
• written explanations/certificates regarding discrepancies in name/surname (especially after a surname change).

Tips and recommendations

How to avoid standard mistakes

• Do not file an “empty” complaint without evidence: the PFU expects documents showing why the decision is incorrect.
• Structure the text: brief facts → PFU error → your evidence → the remedy you seek.
• Make copies of everything and record the submission date (post/e-cabinet/office stamp).

Why it’s important to meet deadlines

If you miss the deadline, the court may leave the claim without progress, return it, or leave it without consideration—if you do not file an application to restore the time limit and substantiate valid reasons. The consequences of missing a deadline are addressed in the Code of Administrative Procedure of Ukraine (Art. 123).

When to involve a lawyer

A lawyer is especially useful if:

• the dispute concerns preferential/special service (complex evidence);
• there is a risk of missing deadlines or you need to restore a deadline;
• the PFU refuses “systematically” despite the available documents;
• you need to properly formulate the claims so the decision can actually be enforced.

FAQ

What deadlines apply to an administrative appeal against a PFU refusal?

Under PFU procedure: a complaint is filed within 1 year from the decision date, but no later than 30 calendar days from the date of acquaintance with it; the time limit may be restored for valid reasons.

Where exactly should a complaint against a PFU decision be submitted?

Usually—to the head of the territorial body whose official issued the decision. If the decision was made by the head, you may apply to the Pension Fund of Ukraine and/or to the court.

Which documents must be attached to a complaint against a pension refusal?

Mandatory: a copy of the decision/refusal and documents proving the decision’s incorrectness (copies of the employment record book, certificates, archival documents, statements confirming service, etc.).

When is it worth appealing the decision in court?

When the administrative complaint produced no result, or when you need a court order compelling the PFU (to count service/grant a pension), as well as if the issue is fundamental or the PFU formally ignores evidence.

Can a missed appeal deadline be restored?

Yes, but the mechanism differs. For a PFU administrative complaint, the time limit may be restored for valid reasons by the authority reviewing the complaint. In court, you file an application to restore the time limit; if the court finds the reasons invalid, the claim may be returned or left without consideration.

Conclusion

Appealing a PFU refusal is not a “fight against the system,” but a normal legal procedure where those who act on time and with evidence have the best chances. Key steps: obtain a written refusal, identify the exact reason, collect proof, file a complaint within the deadlines (1 year / 30 days from acquaintance), and, if necessary, file with an administrative court within the CAP time limits (usually 6 months, and sometimes 3 months after the pre-trial complaint).