The Pension Fund demands a retiree return 25,913 hryvnias in overpaid pension due to failure to report employment, as ruled by the court.

A man received a pension that was calculated from 2018 to 2023 based on his employment termination data. Subsequently, he was reinstated in service but failed to inform the Pension Fund, leading to a demand for him to return the overpayment amounting to 25,913 hryvnias. This is stated in the decision of the Shevchenkivskyi District Court of Chernivtsi, published on December 9, 2024.

The man was registered with the Main Department of the Pension Fund of Ukraine in Chernivtsi Oblast as a pension recipient, which was granted according to the Law of Ukraine dated April 9, 1992, No. 2262-XII "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons." The pension was awarded based on his application. From May 26, 2018, the calculation and payment of the pension to the citizen were ensured in full.

From 2018 to 2023, the pension payments to the man were made considering the data regarding his service termination. By order of the National Police of Ukraine, Main Department of National Police in Chernivtsi Oblast, dated June 19, 2023, No. 157, he was accepted into the police service and appointed as a junior inspector - cynologist for the search of explosive substances and weapons at the Cynology Center of the Main Department of National Police in Chernivtsi Oblast, effective June 19, 2023. The citizen was reinstated in the position of junior inspector - cynologist for the search of explosive substances and weapons at the Cynology Center of the Main Department of National Police in Chernivtsi Oblast based on his application dated June 14, 2023.

As of September 1, 2021, due to his reinstatement at work and the absence of grounds for pension payments, the payment of the pension for length of service was terminated. During his application for the pension for length of service, he was made aware of his obligation to inform the Pension Fund about circumstances that may affect his pension provision since, according to Article 7 of the Law of Ukraine "On Pension Provision," pensions for length of service are granted upon termination of employment that entitles one to a pension. Under Article 60 of the Law of Ukraine "On Pension Provision," pensioners are required to notify the Pension Fund authorities about circumstances that may change the pension amount or lead to its cessation.

"As a result of the citizen's reinstatement, there was an overpayment of pension for the period from June 19, 2023, to August 31, 2023, totaling 25,913 hryvnias," the case materials state.

During the court hearing, the man explained that after his dismissal, he applied to the Pension Fund for pension assignment. In June 2023, he was again employed in the police force. He was unaware that he needed to contact the Pension Fund to request the cessation of pension payments due to his employment. He did not return the excessively paid funds to the Pension Fund.

What did the court decide?

The court granted the claim. The man is ordered to repay the overpaid pension amount to the Main Department of the Pension Fund of Ukraine in Chernivtsi Oblast, which was unduly received due to the pensioner’s misconduct for the period from June 19, 2023, to August 31, 2023, totaling 25,913 hryvnias.

"The court concludes that the defendant failed to fulfill his obligation to timely notify the plaintiff about his employment, resulting in funds being received without justification. Consequently, such funds are considered to have been acquired in bad faith, and therefore the amount of the paid funds is subject to return, and the claims are to be fully satisfied," the court emphasized.