The Pension Fund recalculated the pension but failed to pay the Ministry of Internal Affairs retiree 109,126 hryvnias - here's the court's decision.

In compliance with the court's decision, the Pension Fund recalculated the pension, and the amount of the pension supplement (debt) for the period from December 1, 2019, to November 30, 2021, amounted to 109,126 hryvnias. However, this amount was not transferred to the bank account of the Ministry of Internal Affairs pensioner. This information is stated in the decision of the Kyiv District Court of Poltava, published on March 7, 2024.

The man is a pensioner of the Ministry of Internal Affairs of Ukraine, who has been entitled to state pension provision since 2009 and is registered with the Main Department of the Pension Fund and receives a disability pension (a person with a disability as a result of war, group 2). He has been assigned a pension in the amount of 80% of his monetary allowance. The Poltava District Administrative Court's decision on September 28, 2021, in case No. 440/9329/21 recognized as unlawful and annulled the order of the Department for Pension Assignments and Recalculations for Military Personnel and Certain Other Categories of Citizens of the Pension Provision Management of the Main Department of the Pension Fund dated August 4, 2021, No. 25/1600-0207-15, which denied him the recalculation and payment of the pension based on the certificate from the State Institution "Territorial Medical Association of the Ministry of Internal Affairs of Ukraine in Poltava Region" dated July 9, 2021, No. 33/37-4/659. The Main Department of the Pension Fund of Ukraine in Poltava Region is obliged to perform the recalculation and payment of the pension from December 1, 2019, in accordance with the requirements of Articles 43 and 63 of the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Certain Other Persons" dated April 9, 1992, No. 2262-XII, based on the certificate of the amount of monetary allowance considered for pension recalculation, issued by the State Institution "Territorial Medical Association of the Ministry of Internal Affairs of Ukraine in Poltava Region" dated July 9, 2021, No. 33/37-4/659, in the amount of 80% of the monetary allowance, taking into account the payments made.

In compliance with the court's decision, the Main Department of the Pension Fund has recalculated the pension, and the amount of the pension supplement (debt) for the period from December 1, 2019, to November 30, 2021, was 109,126 hryvnias, but this amount was not paid to the card (pension) account opened at the bank institution. The man repeatedly approached the court with motions to establish judicial control over the execution of the court's decision; these motions were granted, but the court's decision has not yet been executed. He requested the court to recover 100,000 hryvnias from the state budget of Ukraine in compensation for moral damage.

"The administration voluntarily fulfilled the court's decision dated September 28, 2021, in case No. 440/9329/21, within the imposed obligations and in accordance with the current legislation," the Pension Fund stated.

What did the court decide?

The court partially satisfied the claim. The state budget of Ukraine will compensate for moral damage in the amount of 5,000 hryvnias in his favor.

"The court, considering the degree of the defendant's guilt and his behavior, the unwillingness to resolve the dispute amicably, as well as the fact that the plaintiff suffered moral damage as a result of the defendant's unlawful actions, which manifested in the prolonged deprivation of the plaintiff from receiving the funds awarded in his favor, taking into account 5,000 hryvnias, concludes that it is necessary to recover from the defendant in favor of the plaintiff 5,000 hryvnias as compensation for moral (non-property) damage. Therefore, the claims for compensation for moral damage are subject to partial satisfaction," the court emphasized.