Category of “outcasts”: Pensioners deprived of the right to recalculate benefits

In Ukraine, there are specific categories of persons who are entitled to a pension before the specified age. Still, they are not entitled to recalculation of payments after reaching 60 years of age. A specialized publication published this information.

We are talking about pensioners who received a pension on preferential terms, for example, according to List No. 2, which allows early retirement.

For those who receive an old-age pension on preferential terms, recalculation of payments to reflect the new average wage in the country is not possible, as the law does not provide for such recalculation.

When a court hearing is possible

Recalculation of a pension becomes possible only if the first payment was assigned under one law, and the new one under another. For example, if initially the payment was opened under Law No. 1788 “On Pension Provision”, and then the person has the right to retire under Law No. 1058 “On Compulsory State Pension Insurance”.

The Supreme Court of Ukraine has repeatedly confirmed this point of view. At the same time, as lawyers claim, the Pension Fund usually does not initiate recalculations on its own, so many citizens have to defend their rights in court.

Exceptions to the rules

Without a court decision, recalculation is possible only in cases where a person transfers from a disability pension to an old-age pension. This is provided for in Part 3 of Article 45 of Law No. 1058.

However, in such a situation, there is an essential condition: after the last recalculation, it is necessary to work for another two years and submit an appropriate application. Automatic recalculations carried out by the Pension Fund are not taken into account.

In view of this, for pensioners who retired early, the possibility of new recalculations is blocked unless specific legislative exceptions apply.

Earlier, it was reported that there could be a threat to benefits and pensions in Ukraine by the end of winter. In addition, the issue of pension indexation in the face of inflation, which increases poverty among pensioners, was discussed. It was also noted that pensions may be transferred for specific categories of persons within a few months.