Our law firm successfully challenged the pension provision restrictions for a military serviceman, leading to a court order for full pension benefits. Learn about this triumph for military personnel and its implications.

The claims are motivated by the fact that the Main Department of the Pension Fund of Ukraine in Lviv region unlawfully applied restrictions on the maximum pension amount, and therefore the pension authority should be obliged to recalculate and pay a pension from 01.04.2019 in the amount of 80% of the cash security without limiting its maximum amount, taking into account previously paid amounts. In addition, the plaintiff asked the court to declare unlawful the defendant’s actions in failing to recalculate and pay the pension from 01.03.2022, taking into account the indexation in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated 16.02.2022 No. 118 and to oblige the pension authority to accrue and pay him a pension in the amount of 80% of the cash security, taking into account the specified indexation without limiting its maximum amount, taking into account previously paid amounts.

In order to prevent the violation of the plaintiff’s right to a pension, and based on the principle of the effectiveness of such protection, which leads to the direct restoration of rights by a court decision, the court considers it necessary to oblige the Main Department of the Pension Fund of Ukraine in Lviv region to recalculate and pay a pension from 01.04.2019 without limitation to a maximum amount not exceeding ten subsistence minimums established for persons who have lost their ability to work, taking into account the amounts paid.