A Kyiv resident returned to military service, prompting the Pension Fund to demand the return of a pension overpayment of 104,943 hryvnias. What was the court's decision?

A man was reinstated to military service in the position of military commissioner. The pension fund made a decision to terminate pension payments and demands the return of overpayments for the period from October 10, 2015, to March 31, 2018, totaling 104,943 hryvnias. This is stated in the decision of the Solomensky District Court of Kyiv, published on December 27, 2024.

Starting from October 10, 2015, the Main Department of the Pension Fund of Ukraine in Kyiv region appointed a disability pension based on documents submitted by the man, in accordance with the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons" dated April 9, 1992, No. 2262. The main requirement for the appointment of a pension according to Law No. 2262 is the fact of dismissal from military service, and according to the copy of the order dated August 20, 2015, No. 509, he was dismissed from military service effective August 3, 2015.

According to the ruling of the Kyiv District Administrative Court dated March 17, 2016, the man's claim was satisfied, the order of the General Staff dated August 20, 2015, No. 509 regarding the imposition of disciplinary sanctions - deprivation of military rank, and dismissal from military service in reserve as a lieutenant colonel was declared unlawful and annulled. The head of the General Staff was obliged to take actions for his reinstatement in military service as a military commissioner of the operational command. The court ruling annulled the order of the Chief of the General Staff - Commander-in-Chief of the Armed Forces of Ukraine dated August 20, 2015, No. 509 regarding the dismissal from military service in reserve as a lieutenant colonel, and immediate enforcement of the court decision was applied regarding his reinstatement in military service, and he was reinstated in military service from the moment of dismissal. One of the main requirements for the appointment of a disability pension according to Law No. 2262, namely the dismissal of the person from service, was annulled by court order.

At the same time, on March 30, 2018, due to the man's reinstatement in military service as a military commissioner, the Main Department of the Pension Fund of Ukraine issued a decision to terminate pension payments. He was aware of the special conditions for the appointment of a pension according to Law No. 2262, specifically the mandatory condition for pension appointment – the fact of dismissal from service. Furthermore, when applying for the pension, he undertook the obligation to notify the Main Department about his employment, which is confirmed by the materials of the pension case. In violation of the requirements of part 1 of Article 60 of Law No. 2262, he did not inform the Main Department about the annulment of the General Staff order dated August 20, 2015, No. 509 regarding his dismissal from military service in reserve and his reinstatement in military service as a military commissioner. As a result of not reporting his employment, he accrued an overpayment of pension for the period from October 10, 2015, to March 31, 2018, totaling 104,943 hryvnias.

What did the court decide?

The court denied the claim. The pension benefits (pension) paid to the man are not subject to return unless the entity that made the payment proves that the payment was made due to a calculation error on their part and bad faith on the part of the recipient.

"The return of excessively paid pension amounts is assumed only if such excessive payment occurred due to the fault of the pensioner, specifically due to abuses, particularly in cases of providing false information or failing to provide relevant information at all. The respondent's reinstatement in service does not indicate the absence of the respondent's right to pension appointment, as at the time of its appointment the respondent had such a right, according to part 1 of Article 2 of the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons". The law does not stipulate the respondent's obligation to notify the pension authority about the existence of such court cases. Therefore, considering the legal relations that arose between the parties and the circumstances established during the case review, the court believes that the amount of the pension paid in the amount of 104,943 hryvnias, which was paid to the respondent after dismissal, is not subject to return, since the plaintiff did not prove that the payment was made due to a calculation error and bad faith on the part of the respondent," - emphasized the court. The respondent's appeal against the order of his dismissal in court does not constitute grounds for terminating the pension payments within the meaning of the provisions of part 2 of Article 2 of the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons", and the obligation of the respondent to notify the pension authority about the existence of such court cases is not stipulated by law. Thus, considering the legal relations that arose between the parties and the circumstances established during the case review, the court believes that the amount of the pension paid in the amount of 104,943 hryvnias, which was paid to the respondent after dismissal, is not subject to return since the plaintiff did not prove that the payment was made due to a calculation error and bad faith on the part of the respondent," - the court emphasized.