How pensions are assigned to those discharged from military service: problems and solutions

Military Photo: Informant

The issue of pensions for military personnel is a rather complex topic, and it is impossible to give any universal advice for everyone who is retiring from military service and applying for a pension. However, for most future pensioners, basic advice can be summarized into several blocks, which, if not a guide to the procedure for applying for a pension, we hope will significantly help in this process.

Legislation regulating the procedure for assigning pensions to military personnel

The basic rules are determined by the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” (No. 2262-XII). It establishes the types of pensions (for long service, for disability, in case of loss of breadwinner), the conditions of appointment, the bodies that ensure the registration and payment. Old-age pensions (according to general rules) are regulated by the Law “On General Mandatory State Pension Insurance” (No. 1058-IV) – it determines the retirement age, requirements for insurance experience, the procedure for applying and calculating.

The documents are prepared according to special Procedures of the Pension Fund of Ukraine (PFU):

for the “military” law – Procedure for submitting and processing documents for the assignment (recalculation) of pensions under No. 3-1 dated January 30, 2007;
for the “general” law – Procedure No. 22-1 of 11/25/2005.

Certificates of financial support (salary components for calculating military pensions) are issued by authorized bodies (Ministry of Defense, Ministry of Internal Affairs, Security Service of Ukraine, etc.), taking into account the Resolution of the Cabinet of Ministers of Ukraine No. 704 on financial support for military personnel. This is a basic list, each specific case may have its own nuances.

What is needed to apply for an old-age pension for those discharged from military service?

If a person is not entitled to a “military” pension for years of service or deliberately chooses a general old-age pension, Law No. 1058-IV applies. As a rule, the right to an old-age pension arises at the age of 60, provided that the required insurance period has been completed (its amount is fixed annually by law). The period of military service is included in the insurance period on a general basis (provided that contributions have been paid/budget financing has been received).

The basic list of documents to begin the procedure for applying for an old-age pension is as follows:

passport;
taxpayer registration card registration number;
military documents (military ID/reserve officer ID, discharge order, etc.);
work record (if there is “civilian” experience);
certificates of experience/earnings (if necessary); bank account details.

The PFU publishes a list of required documents and application forms on its website and e-services portal.

Where to submit:

in person – to the PFU service center at your place of residence/stay;
online – through the PFU electronic services web portal (insured person’s office).

Applications are considered within the time limits specified in the PFU procedures; a decision is made after receipt of a complete set of documents. Details on this are in Procedure No. 22-1.

What is needed to apply for a disability pension for those discharged from military service?

For former military personnel, a disability pension is assigned under Law No. 2262-XII if the disability is related to service (disability, illness, injury, contusion, disability resulting from war, etc.). The group and causal relationship are determined by the medical and social examination (MSEC) or relevant expert teams under the direction of the Ministry of Health.

The list of required documents here is broader than in the previous case (it is also not final, each specific case may have its own nuances):

application to the PFU;
passport, RNOKPP;
military documents (discharge order/extract from the service record);
MSEC certificate/extract of the expert commission’s decision on establishing the disability group and causal relationship;
certificate of the amount of financial support from the authorized body, which contains the official salary, salary for the rank, allowances/bonuses in accordance with Resolution No. 704;
account details.

Lists and sample forms are on the Ministry of Defense website.

Where to go and where to start

To start the pension application procedure, you need to collect documents: prepare your passport, RNOKPP, military documents, MSEK decision (for disability), account details. At the same time, ask your authorized body for a certificate of financial support (MOU, Ministry of Internal Affairs, Security Service of Ukraine, etc.).
Then submit an application to the PFU bodies. This can be done, as already mentioned above, in person or online in your account on the PFU portal.
The PFU will accept the application and request (if necessary) information from the authorized bodies. The terms and procedures are determined by Procedures No. 3-1 and No. 22-1. At least, this is what the law states, but personal control will not hurt – no one has yet canceled the excess of the executor (or simply – negligence).

What to do if problems arise

They do not issue/delay a certificate of financial support. Submit a written application to the authorized body (for example, the Department of Social Security of the Ministry of Defense). The certificate must be formed taking into account the current norms of the Cabinet of Ministers Resolution No. 704 (salaries, allowances, bonuses). In case of inaction, file a complaint with the leadership of the Ministry of Defense or file a lawsuit with the administrative court for an obligation to issue a certificate.

PFU refusal to appoint/delay in consideration. File an administrative complaint with a higher body of the PFU or a repeated application with a full package of documents (according to Procedures No. 3-1/No. 22-1); then — a lawsuit to the administrative court (the general deadline for applying is 6 months from the date you learned about the violation).

Disagree with the decision of the MSEC/expert team. Pre-trial appeal: written application to the commission that made the decision, or to the regional/central commission; judicial – to the administrative court at the place of residence or the location of the commission. How to do this can be found on the Ministry of Health website, which publishes step-by-step explanations.

Also keep in mind that veterans and family members of the deceased are entitled to free legal assistance (representation in court, assistance with documents, etc.). If necessary, refer to the BVPD system in your region.

If you have years of service, first of all, check your right to a pension for years of service under No. 2262-XII (often this is more profitable than a “civilian” pension). For the calculation, you need a certificate of financial support with all the points stipulated by Resolution of the Cabinet of Ministers of Ukraine No. 704.

If disability and a causal connection with service are established, apply for a disability pension under Law No. 2262-XII; at the same time, check your rights to additional payments/incentives.
Record all submissions/decisions in writing, keep copies and registration numbers of applications (the PFU portal shows the status online).

Finally, we recommend that you read the Handbook “On Pension Provision for Persons Discharged from Military Service and Their Family Members,” developed by the Ministry of Defense. It will answer most of the questions that arise on this issue.

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