Overturning the Pension Fund's Denial of a Civil Servant's Request to Retire

Case Summary

A client contacted LLC «PRAVOVYI LIDER» regarding the issue of switching from an old-age pension to an old-age pension under the Law of Ukraine «On Civil Service».

The Pension Fund refused to transfer the client to another type of pension, referring to the absence of information regarding the classification of civil service positions and the classification of the position she held.

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

Client’s Problem

The main problem was that the Pension Fund effectively refused to transfer the client to a civil servant’s pension without conducting a full analysis of her length of service and other circumstances relevant to determining the right to this type of pension.

The Pension Fund’s decision did not indicate the total duration of the client’s insurance record and civil service record and did not properly examine the periods of her employment.

In addition, if the necessary documents or information were missing, the Pension Fund had to notify the client of the need to supplement them or submit additional documents, but it did not take proper action to do so.

What the Lawyers Did

The lawyers of LLC «PRAVOVYI LIDER» conducted a detailed analysis of the Pension Fund’s decision, the client’s documents, and her employment and civil service record.

After that, the lawyers:

• analyzed the grounds for the Pension Fund’s refusal;
• checked the documents regarding the insurance record and civil service record;
• analyzed the client’s right to a pension under the Law of Ukraine «On Civil Service»;
• checked the documents on salary components for granting a civil servant’s pension;
• formed a legal position regarding the unfounded and premature nature of the refusal;
• prepared and filed an administrative claim with the court;
• stated claims for cancellation of the Pension Fund’s decision and reconsideration of the application;
• provided legal support for the case during the court proceedings.

Result

The Chernivtsi District Administrative Court partially satisfied the client’s claim.

The court declared unlawful and cancelled the decision of the Main Department of the Pension Fund of Ukraine in Chernivtsi Region refusing to transfer the client from an old-age pension to an old-age pension under the Law of Ukraine «On Civil Service».

The Pension Fund was obliged to reconsider the client’s application together with the submitted documents and take into account the court’s conclusions.

The court established that the Pension Fund had not carried out a comprehensive, complete, and objective review of the client’s documents and had prematurely concluded that there were no grounds for transferring her to a civil servant’s pension.

The court also recovered UAH 605.60 in court fees in favor of the client at the expense of the Pension Fund’s budget allocations.

Thanks to the professional legal support of LLC «PRAVOVYI LIDER», it was possible to cancel the unlawful refusal of the Pension Fund and achieve reconsideration of the issue of transferring the client to a civil servant’s pension.

Official Documents

The case involved the Pension Fund’s decision refusing transfer to another type of pension, documents regarding the insurance record and civil service record, certificates on salary components, the administrative claim, and the decision of the Chernivtsi District Administrative Court.

Case No. 600/5336/25-a