A Chernobyl disaster victim is seeking 53,903 hryvnias in compensation from the Pension Fund of Ukraine. The court has made a ruling on the matter.

The Pension Fund delayed full pension payments to a woman affected by the Chernobyl disaster. She is seeking compensation for loss of part of her income for the period from January 2014 to March 2021, totaling 53,903 hryvnias. This was stated in the decision of the Halytskyi District Court of Lviv, published on June 3, 2024.

The woman belongs to the first category of individuals affected by the Chernobyl disaster and is registered with the Sykhiv Department of the Main Department of the Pension Fund of Ukraine in Lviv Oblast. She indicates that, according to a ruling by the Lviv District Administrative Court, the actions of the Main Department of the Pension Fund of Ukraine in Lviv Oblast regarding the denial of recalculation and payment of state and additional pensions from January 1 to August 2, 2014, were deemed illegal, as outlined in Articles 50 and 54 of the Law of Ukraine "On the Status and Social Protection of Citizens Affected by the Chernobyl Catastrophe" dated February 28, 1991, No. 796-XII. The Main Department of the Pension Fund of Ukraine in Lviv Oblast is obliged to reconsider her application from June 12, 2018, for recalculating and paying her state and additional pensions, taking into account the legal evaluation provided by the court in its decision. She notes that the pension recalculation was carried out in compliance with the court's decision, and the unpaid pension amount was credited to her account only on March 16, 2021. Given that the pension was not paid in full for an extended period, based on the provisions of the Law of Ukraine "On Compensation to Citizens for Loss of Part of Income Due to Delays in Payments," she is entitled to receive compensation for the loss of part of her income for the period from January 2014 to March 2021 in the amount of 53,903 hryvnias.

"The court's decision was implemented, and the recalculation of the plaintiff's pension was effectively paid in March 2021. The plaintiff did not approach the defendant with a request for compensation in accordance with the Law of Ukraine 'On Compensation to Citizens for Loss of Part of Income Due to Delays in Payments,' and the Main Department did not refuse her the payment of the corresponding compensation; therefore, the plaintiff's rights have not yet been violated by the authority, and the appeal to the court with this claim is premature," - stated the Pension Fund of Ukraine.

What did the court decide?

The court granted the woman's claim. The Main Department of the Pension Fund of Ukraine in Lviv Oblast will be ordered to compensate her for the loss of part of her income (pension payments) due to delays in their payments in the amount of 53,903 hryvnias.

"The court, having reviewed the plaintiff's calculations for compensation for loss of income due to delays in payments for the period from August 2014 to March 2021, agrees with it. The defendant did not provide a counter-calculation to the court. Thus, the court concludes that there are grounds for collecting compensation for the delays in payments for the period from January 2014 to March 2021 in the amount of 53,903 hryvnias. The Pension Fund of Ukraine in Lviv Oblast, following the consideration of the aforementioned application on December 11, 2023, shows that the plaintiff was denied payment of compensation. The defendant's reference that the main condition for payment to the citizen, provided for in paragraph 2 of Law No. 2050, is the violation of established deadlines for the payment of accrued income (including pensions) and that compensation is only due for accrued but unpaid monetary income that is not of a one-time nature, is rejected by the court, as the debt for the payment of the plaintiff's pension arose due to incorrect calculations of the pension benefits that should be paid monthly. The court concludes that the claims made are to be satisfied," - emphasized the court.