The Pension Fund demands a soldier to return an overpayment of 62,208 hryvnias in pension funds - here's the court's decision.

The man was receiving an old-age pension, and the total amount paid for the period from September 2023 to April 2024 was 62,208 hryvnias. However, he was unable to receive old-age pension, therefore, the funds need to be returned. This is mentioned in the decision of the Primorsky District Court of Odessa, published on October 21, 2024.

The pension was assigned to the man starting from August 3, 2022, as a person with a III group disability due to an injury related to the defense of the Motherland, in accordance with the Law of Ukraine "On Mandatory State Social Insurance." According to a request from the Main Department of the Pension Fund of Ukraine in Zaporizhzhia region dated October 20, 2022, the materials for assigning a disability pension were terminated in accordance with law No. 1058 from December 1, 2022, and a certificate of removal from the registry was sent. Following the receipt of an extract from the act of the medical and social expert commission (MSEC) dated January 25, 2023, which indicated a disability period from September 25, 2023, to September 23, 2025, the pension payments were resumed starting September 2023. Based on a letter from the Main Department of the Pension Fund in Zaporizhzhia region dated April 23, 2024, pension payments were terminated. Due to the simultaneous receipt of a pension from the Main Department of the Pension Fund in Odessa under law No. 1058 and from the Main Department of the Pension Fund in Zaporizhzhia under the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons," an overpayment of pension was created for the period from September 1, 2023, to April 30, 2024, totaling 62,208 hryvnias, and a decision was made to account for the overpayment amount on April 30, 2024, No. 1722.

What did the court decide?

The court dismissed the claim. The case materials lack evidence indicating a calculation error in the pension assignment to the man.

"The plaintiff does not point to any facts of the defendant's abuse or calculation error. The mandatory state pension insurance could not be recognized as grounds for judicial recovery of the overpaid pension amounts," the court emphasized.