How much does the pension increase when switching from a long-service pension to an old-age pension?

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Адвокатське бюро Івана Хомича

Published on Aug 4, 2022
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More information about the services of our Law Office can be found at the link: https://jurprotect.com.ua/ua/ Free consultations by phone. 068-368-25-25 Email - [email protected] In this video, lawyer Volodymyr Troshchynskyi examines in detail and calculates how much the monthly pension increases when switching from a retirement pension to an old-age pension using the example of real cases of our clients who, with our help, are already receiving their increased and well-deserved pension. To begin with, we would like to draw your attention to a brief informational note on this issue. As of 2022, a person who has reached the age of 60 and has at least 29 years of insurance experience has the right to be assigned an old-age pension on general grounds, and persons receiving a retirement pension have the right to switch to this type of pension. But with such a transition, the pension fund illegally applies an underestimated average wage for the last three years in Ukraine, which is included in the formula for calculating the old-age pension, which significantly affects the amount of the assigned pension. The pension fund uses a wage of UAH 6,186.32 instead of UAH 10,846.37, which underestimates the pension in 2022 by 75%. With such a transition, in 2021 the pension amount is underestimated by 47%, in 2020 - by 25%. But how to correct such illegal actions of the pension fund? What can be done in this case? Unfortunately, as in most cases in disputes with the pension fund, justice can only be achieved through legal proceedings by filing a lawsuit with the court regarding the obligation of the pension fund to recalculate and pay the pension taking into account the average wage for the last three years preceding the year of applying for the assignment of an old-age pension. So, let's look at the example of our clients' cases to see how this procedure works and how much the pension increases as a result. So, in 2021, Tetyana Volodymyrivna contacted us. As a medical worker, she was initially assigned a pension for long service in accordance with the Law of Ukraine "On Pension Provision", but upon reaching the age of 60 and having the appropriate length of service, she exercised her right to an old-age pension in accordance with the Law of Ukraine "On Mandatory State Pension Insurance". However, when assigning her an old-age pension, the pension authority used an underestimated average wage when calculating her pension. We explained that in her situation it is necessary to go to court with an administrative lawsuit in order to protect her interests in proper pension provision. Tetyana Volodymyrivna fundamentally did not want to "give" a single penny to the state and put up with such a situation. And she made the right decision to fight for her increased pension. Accordingly, we filed an administrative lawsuit in the interests of Tetyana Volodymyrivna, as a result of which we received a positive court decision, which was left unchanged by the appellate court when it was appealed by the pension fund. After receiving such a decision, which entered into force, the pension fund recalculated and paid Tetyana Volodymyrivna's pension, taking into account the correct average wage for the last three years preceding the year of applying for a pension. Given this, the monthly amount of Tetyana Volodymyrivna's pension was 4559.80 UAH, for comparison with the court decision, the amount of the pension was 3385.89 UAH, i.e. the difference in the monthly amount of the pension was 1173.91 UAH. Also, Tetyana Volodymyrivna was credited with an additional payment to the pension in the amount of 16,339.18 UAH, which was paid immediately upon receipt of the next pension after the recalculation based on the court decision. Also in the video you can watch other similar examples of real cases of our clients. We hope that you have made sure that the territorial bodies of the pension fund not only recalculate the pension taking into account the correct average wage in Ukraine, but also pay the amount of pension arrears for the previous period. In our practice, we quite often deal with distrust of clients and a certain amount of skepticism in this category of cases. This video is aimed at demonstrating the possibility of such a recalculation of the pension and an increase in the monthly amount of your pension using the example of real cases of our clients who trusted us and decided to fight for their honestly earned pension. Therefore, if you are in the same situation, do not hesitate, but defend your violated right to receive an increased pension. After all, no one will fight for your pension except yourself. Given this, we strongly recommend that you go to court and challenge your increased pension.

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