A Kyiv resident faces a demand of 341,301 UAH from the Pension Fund after signing a contract with the State Emergency Service. Here's the court's decision.

A man was receiving a pension for his years of service. Subsequently, he signed a contract to serve in the State Emergency Service, which led the Pension Fund to suspend his payments. Consequently, from January 7, 2017, to May 31, 2020, a pension overpayment of 341,301 hryvnias occurred. This information is stated in the decision of the Solomiansky District Court of Kyiv, published on October 29, 2024.

The citizen was registered with the Main Department of the Pension Fund of Ukraine in Kyiv and was receiving a pension for his years of service, granted according to the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Certain Other Persons." Due to his signing of a contract to serve in the State Emergency Service, the Department ceased the pension payments, resulting in a pension overpayment from January 1, 2021, to May 31, 2020, amounting to 341,301 hryvnias.

In December 2015, the man was accepted into the State Emergency Service of Ukraine. He submitted a request to the Main Department of the Pension Fund of Ukraine in Kyiv to attach a copy of the order from the State Emergency Service of Ukraine dated December 1, 2015, No. 667, regarding his acceptance into service, along with a copy of the contract dated December 1, 2015, No. 24/15. Thus, there is no indication of any dishonesty in his actions.

What was the court's decision?

The court denied the claim. No evidence of dishonesty on the part of the man or the submission of false data by the insurer was established.

"Considering that the pension payments to the defendant were made by the Pension Fund of Ukraine voluntarily, and the court found no evidence of dishonesty on the part of the defendant or the submission of false data by the insurer, the legal grounds for the return of the unjustly paid pension are absent. Under these circumstances, having assessed the evidence provided by the parties and established the nature of the disputed legal relations, the court concludes that the claim of the Main Department of the Pension Fund of Ukraine in Kyiv against the citizen for the recovery of unjustly received funds cannot be satisfied," the court emphasized.