Reversal of the Pension Fund’s Denial of a Pension Grant Based on a Lower Retirement Age

Case summary

A client contacted LLC “PRAVOVYI LIDER” after receiving a refusal from the Main Department of the Pension Fund of Ukraine to grant an old-age pension with a reduction of the retirement age in accordance with the legislation on social protection of persons affected by the Chornobyl disaster.

During the analysis of the documents, it was established that the Pension Fund had not taken into account part of the client’s insurance record and concluded that there was no required period of residence in the zone of enhanced radioecological control.

In this regard, it became necessary to appeal the Pension Fund’s decision in the administrative court.

The client’s problem

The main problem was that the Pension Fund did not include the client’s period of work from August 2, 1989 to March 1, 1995 in her insurance record.

The duration of the disputed period was 5 years, 6 months, and 27 days. At the same time, information about the work was indicated in the client’s employment record book.

In addition, the Pension Fund stated that the client had not confirmed the required duration of residence in the zone of enhanced radioecological control. According to the authority’s calculation, as of January 1, 1993, only 3 years, 6 months, and 5 days of residence were confirmed instead of the required 4 years.

On the basis of these circumstances, the client was refused the granting of an old-age pension with a reduction of the retirement age.

What the lawyers did

The lawyers of LLC “PRAVOVYI LIDER” conducted a detailed analysis of the Pension Fund’s decision, documents on the client’s employment activity, and materials confirming her right to a pension.

After that, the lawyers:

• analyzed the grounds for refusing to grant the pension;
• checked the entries in the client’s employment record book;
• determined the duration of the disputed insurance record period;
• analyzed the documents regarding residence in the zone of enhanced radioecological control;
• prepared an administrative claim to the court;
• claimed recognition of the Pension Fund’s decision as unlawful;
• claimed consideration of the disputed insurance record period and repeated review of the application for granting a pension;
• provided legal support for the case during the court proceedings.

Result

The court agreed with the claimant’s arguments and recognized the Pension Fund’s decision refusing to grant the pension as unlawful.

The Pension Fund was obliged to reconsider the client’s application for granting a pension, taking into account the legal assessment and conclusions of the court.

During the repeated review, the Pension Fund must take into account the circumstances established by the court regarding the client’s insurance record and confirmation of her right to an old-age pension with a reduction of the retirement age.

Thanks to the professional legal support of LLC “PRAVOVYI LIDER,” the client achieved the cancellation of the unlawful refusal and received the opportunity to exercise her right to pension provision in accordance with the requirements of Ukrainian legislation.

Official documents

The case involved the Pension Fund’s decision refusing to grant the pension, the client’s employment record book, documents regarding the insurance record and residence in the zone of enhanced radioecological control, the administrative claim, and the court decision.

Case No. 500/1222/26