A daughter demands 378,884 hryvnias in pension benefits from the Pension Fund for her deceased father—what was the court's decision?

Following her father's death, the woman acquired the right to receive a pension that had been accrued but not paid to him during his lifetime, amounting to 378,884 hryvnias. Therefore, she demands that the Pension Fund pay this amount. This is stated in the decision of the Bohunsky District Court of Zhytomyr, published on December 6, 2024.

The man filed a lawsuit against the Main Department of the Pension Fund of Ukraine in the Zhytomyr region, and in accordance with the decision of the Zhytomyr District Administrative Court in case No. 240/9788/20, the Main Department of the Pension Fund of Ukraine in the Zhytomyr region is obliged to calculate and pay the pension increase to a non-working pensioner residing in a radioactive contamination area, in the amount determined by Article 39 of the Law of Ukraine dated February 28, 1991, No. 796-XII "On the Status and Social Protection of Citizens Affected by the Chernobyl Catastrophe," equal to two minimum wages established by the law on the State Budget of Ukraine for the year. He passed away, and thus his daughter became the heir after his death. In execution of the court decision, the Main Department of the Pension Fund of Ukraine in the Zhytomyr region conducted an additional calculation of funds for the period starting from July 17, 2018. The ruling on the termination of the enforcement proceedings indicates that the amount of accrued funds is 378,884 hryvnias. This specified amount has not been paid. In its response, the Main Department of the Pension Fund of Ukraine in the Zhytomyr region refers to the possibility of obtaining funds through a change of party in the enforcement proceedings or the party to the case. The Zhytomyr District Administrative Court denied the applicants, citing the ruling of the Supreme Court dated January 30, 2020, in case No. 200/10269/19-a, which concluded that in the event of social payments due to the deceased being passed on to family members, these relationships are not considered inheritance, and therefore the norms of inheritance law do not apply. In this case, the right to claim for these individuals arises not from inheritance succession but through another legal composition. In fact, the law establishes a preferential right for the family members of the deceased over the heirs to receive social payments that belonged to the deceased but were not received during his lifetime. The debt consists of the aforementioned amount of 378,884 hryvnias.

What was the court's decision?

The court granted the woman's claim. The Main Department of the Pension Fund of Ukraine in the Zhytomyr region will be ordered to pay her the unpaid pension benefits that the deceased was entitled to, according to the recalculation based on the decision of the Zhytomyr District Administrative Court dated March 31, 2021, in case No. 240/9788/20, amounting to 378,884 hryvnias.

"The claimant, as the heir after her father's death, has the right to receive the unpaid pension benefits based on the provisions of Article 1227 of the Civil Code of the Russian Federation, the norms of Article 91 of the Law of Ukraine 'On Pension Provision', and Article 52 of the Law of Ukraine 'On Mandatory State Pension Insurance'. It is the respondent who denied the claimant the payment of the specified funds. Furthermore, the reference by the respondent's representative to the lack of budgetary funds to fulfill the respondent's obligation is unfounded, as this cannot be a reason to refuse protection of the violated right. Considering that the amount of pension benefits that the claimant requests to recover is 378,884 hryvnias, confirmed by appropriate evidence, namely a copy of the calculation of the amount to be paid according to the pension case in execution of the decision of the Zhytomyr District Administrative Court dated March 31, 2024, in case No. 2/9788/20 regarding the calculation and payment of pension increases to non-working pensioners residing in radioactive contamination areas (Article 39 of the Law of Ukraine 'On the Status and Social Protection of Citizens Affected by the Chernobyl Catastrophe') for the period from July 17, 2018, to January 31, 2022, the claims are satisfied in full," the court emphasized.