The Pension Fund denied a woman a payment of 208,435 hryvnias – here's the court's decision.

A woman is an heir who accepted the inheritance following the man's death. However, the Pension Fund of Ukraine (PFU) denied her the payment of 208,435 hryvnias, arguing that according to Article 61 of the Law of Ukraine "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons," the pension amounts due to a pensioner among military personnel, those entitled to a pension under this law, and their family members, which were left unpaid due to his death, do not constitute part of the inheritance and are paid to those family members who are entitled to a pension due to the loss of the breadwinner. This was stated in the decision of the Bolekhiv City Court of the Ivano-Frankivsk Region, published on January 9, 2025.

By the decision of the Ivano-Frankivsk District Administrative Court dated January 5, 2023 (case No. 300/4958/22), the Main Department of the PFU in the Ivano-Frankivsk Region was ordered to recalculate the basic pension amount for the man starting from April 1, 2019, based on the new updated certificate dated July 7, 2021, No. 9/1/2136, regarding the amount of monetary compensation established for the corresponding (analogous) position he held at the time of his dismissal from military service, taking into account the salary for the position, military rank, percentage supplement for length of service, monthly additional types of monetary support, and bonuses - at the amounts as of March 5, 2019, for the pension recalculation, in accordance with the requirements of Articles 43 and 63 of the Law "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons," Article 9 of the Law "On Social and Legal Protection of Military Personnel and Their Families," and to make payments for the recalculated pension, considering the amounts paid previously. The Main Department of the PFU in the Ivano-Frankivsk Region, in compliance with this decision, recalculated the pension, and the difference between the specified pension amount and the actual pension paid for the period from April 1, 2019, to February 28, 2023, which is due for payment, amounts to 208,435 hryvnias. He died, and at the time of his death, the woman was registered and lived with the deceased, and according to Article 1268 of the Civil Code of Ukraine, she is an heir who accepted the inheritance after his death. However, the Main Department of the PFU in the Ivano-Frankivsk Region denied her payment of 208,435 hryvnias, arguing that according to Article 61 of the Law "On Pension Provision for Persons Dismissed from Military Service and Some Other Persons," the pension amounts due to a pensioner among military personnel, those entitled to a pension under this law, and their family members, which were left unpaid due to his death, do not constitute part of the inheritance and are paid to those family members entitled to a pension due to the loss of the breadwinner. It also noted that the specified debt cannot be considered as unpaid pension, as the payment of the debt accrued in compliance with the court's decision is carried out through additional funds allocated from the state budget, the financing of which is carried out under a separate budget program.

"According to the decision of the Ivano-Frankivsk District Administrative Court dated January 5, 2023, in case No. 300/4958/23, the debt amounting to 208,435 hryvnias for the period from April 1, 2019, to February 28, 2023, is taken into account, which is included in the Register of Court Decisions Enforcement. However, this debt cannot be considered unpaid pension, as the payment of the debt accrued for compliance with the court's decision is carried out through additional funds allocated from the state budget, the financing of which is carried out under a separate budget program. The order of payments for the enforcement of court decisions is determined by the date they come into legal force," - stated the PFU.

What did the court decide?

The court granted the woman's claim. She was recognized as having the right to inherit the inherited property by law – the accrued and unpaid pension of 208,435 hryvnias after the man's death. The Main Department of the Pension Fund of Ukraine in the Ivano-Frankivsk Region is ordered to pay her the accrued and unpaid pension during the man's lifetime in the amount of 208,435 hryvnias in the order of inheritance by law.

"After the man's death, an inheritance was opened, which, among other things, consists of the accrued but unpaid pension supplement amounting to 208,435 hryvnias for the period from April 1, 2019, to February 28, 2023. The plaintiff is a first-degree heir who accepted the inheritance within the time limits provided by Article 1270 of the Civil Code of Ukraine, and there are no other first-degree heirs who would accept the inheritance in accordance with the law. Considering the aforementioned circumstances, the court concludes that the claims made are lawful and justified, and should be granted," - emphasized the court.