The Pension Fund demands Oschadbank to disclose details about a client who received a deceased woman's pension of 77,377 hryvnias - the court's ruling.

The Pension Fund paid an unidentified individual the pension of a deceased woman totaling 77,377 hryvnias. Oschadbank is required to provide information regarding the identification of the person who unlawfully received funds that were meant for the deceased pensioner. This was stated in the decision of the Halytskyi District Court of Lviv, published on January 9, 2025.

A woman who had been receiving an old-age pension since September 16, 1977, and, from July 30, 2013, received a pension for the loss of a breadwinner, was registered with the Main Department of the Pension Fund of Ukraine in the Lviv region. According to the death certificate dated May 11, 2023, she passed away. According to payment records from September 2022 to August 2023, she was credited with a pension amounting to 121,191 hryvnias. On August 10, 2023, the Main Department of the Pension Fund of Ukraine in the Lviv region sent a letter to the branch - Lviv Regional Department of JSC "Oschadbank", requesting the cessation of pension payments due to her death. On August 23, 2023, JSC "Oschadbank" returned funds totaling 43,813 hryvnias via a payment order. However, payment records indicate that from September 2022 to August 2023, that is, from the time of her death, an unidentified individual was paid a pension amounting to 77,377 hryvnias, resulting in financial damage to the state represented by the Pension Fund of Ukraine in that amount. The Main Department of the Pension Fund of Ukraine in the Lviv region requested the Lviv Regional Department of JSC "Oschadbank" to provide information about the identification of the individual who unlawfully received funds after the pensioner's death, but no response was received.

What did the court decide?

The court denied the claim. The Pension Fund of Ukraine in the Lviv region did not justify the need to disclose information containing banking secrecy regarding the individual.

"The application from the Main Department of the Pension Fund of Ukraine in the Lviv region lacks justification for the necessity to disclose information containing banking secrecy concerning the individual and does not specify the legal provisions that grant the Main Department the appropriate authority to appeal to the court with such a request. As the court noted above, if during the court proceedings it is established that the applicant demands the disclosure of information containing banking secrecy regarding a legal or physical person without grounds and powers defined by law, the court will decide to deny the application," the court emphasized.