By its very nature, a military pension is linked to the pay of serving military personnel. Under Article 43 of Law of Ukraine No. 2262-XII ‘On Pension Provision for Persons Discharged from Military Service and Certain Other Persons’, the pension is calculated on the basis of the post-specific salary, rank-based salary, length-of-service allowance and monthly supplementary forms of pay. This means one simple thing: when the pay of the relevant category of military personnel increases, the amount of at least one of its components changes, or the minimum subsistence level rises — this provides grounds for a recalculation of the military pension. And Article 51 of the same law stipulates that the recalculation takes effect from the first day of the month following the month in which such circumstances arose.
The problem is that the Pension Fund systematically refuses to do so. A typical response is ‘there are no legal grounds’ or ‘there is no mechanism defined by the Cabinet of Ministers’. Against this backdrop, certain Government resolutions have for years ‘frozen’ financial allowances at 2018 levels, and military pensioners have effectively only been able to secure a recalculation through the courts. However, case law has now developed in their favour: the landmark case of the Grand Chamber of the Supreme Court No. 400/6254/24 of 13 March 2025 clearly defined the grounds for recalculation, and lower courts are now ordering the Pension Fund of Ukraine (PFU) to carry out the recalculation and pay the arrears — sometimes covering more than three years.
We check whether you are indeed entitled to a recalculation, help you obtain an updated statement of pension entitlements, submit an application to the Pension Fund of Ukraine, and, in the event of a refusal, appeal against it in the administrative court, relying on the Supreme Court’s position.
Call us on: +38 095 554-54-24. We’ll find out whether you’re entitled to a recalculation and how much you can claim back.
When are you entitled to a recalculation of your military pension?
Under Law No. 2262-XII and the practice of the Supreme Court, the grounds for a recalculation are:
- an increase in the pay of the relevant category of military personnel;
- a change in the amount of at least one type of pay on which the pension is calculated;
- the introduction of new monthly supplementary types of pay;
- an increase in the minimum subsistence level for able-bodied persons, which affects the calculation figures (Supreme Court case No. 400/6254/24);
- an increase in length of service — in particular for pensioners who were called up for service during mobilisation (the Supreme Court’s position in Case No. 580/460/24).
The key document is an updated certificate stating the amount of financial support as at the date on which the entitlement arose. It is issued by the authorised body at the place of former service (the Territorial Centre for Recruitment and Social Support or the relevant state body), and a refusal to issue such a certificate ‘due to lack of grounds’ is in itself unlawful.
For which period can a recalculation and arrears be claimed
As a general rule under Article 51 of Law No. 2262-XII, the recalculation is carried out from the first day of the month following the month in which the circumstances arose. However, there is an important nuance confirmed by case law: if the recalculation was not carried out due to the fault of the Pension Fund or another state body, it must be carried out from the date the entitlement arose, without any time limit. This is precisely why, in actual cases, the courts order the Pension Fund of Ukraine to pay the difference covering several years — taking into account the amounts already paid. Separately, the courts sometimes also award compensation for late payment.
When you need a solicitor — and when you can sort it out yourself
If the grounds are clear, you were issued with a certificate without any problems, and the Pension Fund of Ukraine has carried out the recalculation following your application — there is no need for court proceedings, and we’ll be honest: a direct application is sufficient. This does happen, though less often than one would like.
A solicitor is needed when the Pension Fund of Ukraine (PFU) refuses in writing, the authority at your place of service does not issue an updated certificate, the recalculation does not take into account all components of your pay, or reduction coefficients have been applied that lower the previously guaranteed pension amount.
The right to a long-service pension is often linked to the grounds for dismissal from service, so we consider these issues together. This involves an administrative dispute with a public authority, where both accurate documentation and a well-drafted claim are crucial. Pension matters are generally handled by our pension lawyer</ a>, whilst disputes involving military personnel are handled by a military lawyer.
How we carry out a recalculation of a military pension
- we assess the grounds for recalculation in your case and the effective date;
- we prepare an application to the competent authority for the issue of an updated certificate of financial provision;
- we submit an application for recalculation to the local branch of the Pension Fund of Ukraine and record the response;
- in the event of a refusal — we prepare an administrative claim citing Articles 43, 51 and 63 of Law No. 2262-XII and the Supreme Court’s case law;
- in court, we prove the right to a recalculation and the recovery of arrears from the date the entitlement arose;
- we monitor the Pension Fund’s actual compliance with the court’s decision.
What risks does a pensioner face if they act without a lawyer
The first mistake is to accept the Pension Fund’s refusal ‘due to lack of grounds’ as final, even though it is precisely this type of refusal that is most often overturned by the court. The second is to submit an application without an up-to-date certificate or with a certificate in which part of the components of the financial allowance has been ‘overlooked’; in that case, the recalculation will either not be carried out at all or will be carried out at an understated amount. The third is to fail to specify the period of arrears and limit the recalculation to ‘future’ payments, thereby forfeiting payments for past years. The fourth is to incorrectly identify the defendant or jurisdiction and have the claim dismissed on procedural grounds rather than on the merits. These mistakes cost real money, which the law guarantees will be refunded.
Cost of services (recalculation of military pension)
| Service | Cost |
|---|---|
| Consultation to assess eligibility for recalculation | from 1,500 UAH |
| Legal opinion and calculation of underpayment | from 5,000 UAH |
| Preparation of applications to the service authority and the Pension Fund of Ukraine | from 5,000 UAH |
| Preparation of an administrative claim | from 5,000 UAH |
| Representation at court hearings | from 3,000 UAH |
| Comprehensive ‘turnkey’ case management | from 30,000 UAH |
Regarding court fees: a significant proportion of military pensioners (in particular, those with war-related disabilities and combatants in certain categories) are entitled to concessions or exemptions from paying these fees. We will check whether this applies to you before filing the claim.
Questions and answers (recalculation of military pensions)
The Pension Fund has refused ‘due to lack of grounds’. Is this final?
No. It is precisely this wording that the courts most often rule to be unlawful. A refusal by the Pension Fund of Ukraine (PFU) can be challenged in an administrative court, and case law here generally favours pensioners.
For what period can underpayment be recovered?
Recalculation takes effect from the first day of the month following the date on which the grounds arose (Article 51). If the recalculation was not carried out due to the fault of the Pension Fund of Ukraine or a state body, it applies from the date the entitlement arose without any time limit; in practice, this means several years.
What is an updated certificate of financial provision and what is it for?
This is a document issued by the authority at the place of former service, showing the current amount of financial provision. It is this document that serves as the basis for the recalculation. Without it, the Pension Fund of Ukraine will not carry out the recalculation.
The service authority refuses to issue the certificate. What should I do?
A refusal to issue a certificate containing a full list of the components of financial support is unlawful. It can be challenged, and the courts oblige the authorities to issue such certificates.
Is an increase in the minimum subsistence level a valid basis for recalculation?
Yes. The landmark case of the Grand Chamber of the Supreme Court No. 400/6254/24 confirmed that an increase in the minimum subsistence level affects the calculated amounts of monetary allowance and constitutes grounds for recalculation.
I was mobilised after retiring. Does this affect the amount of my pension?
Yes, an increase in length of service due to service during mobilisation is grounds for a recalculation (the Supreme Court’s position in Case No. 580/460/24). A recalculation is initiated by submitting an application to the Pension Fund of Ukraine (PFU) along with supporting documents.
What are reduction coefficients and can they be challenged?
This is a mechanism that reduces the calculated pension amount. Its application is a matter of dispute; we assess its legitimacy in a specific situation and, where grounds exist, challenge it.
How long does a recalculation case take?
The pre-trial stage (certificate, application, response from the Pension Fund) usually takes several weeks. Court proceedings depend on the court’s jurisdiction and caseload; once the decision has become final, the Pension Fund is obliged to carry out the recalculation.
Can the heirs receive the deceased’s unpaid pension?
Pension amounts that have been accrued but not paid up to the date of death do not disappear — they are payable to family members or heirs, and can be recovered through the courts if necessary.
How much do your services cost?
From 1,500 UAH per consultation. The cost of legal representation depends on whether the matter can be resolved out of court. We will quote an exact amount after assessing the situation.
Contacting a solicitor at ‘Svarog’ regarding the recalculation of a military pension
During the consultation, we will assess whether you are entitled to a recalculation of your military pension, from what date, and what arrears can realistically be recovered. If the matter can be resolved by submitting an application to the Pension Fund of Ukraine (PFU), we will tell you so straight away; if court proceedings are required, we will see the case through to the actual enforcement of the judgement. We also provide assistance with related matters, including the recovery of payments owed to military personnel.
Telephone: +38 095 554-54-24, +38 096 554-54-25 (Telegram, Viber, WhatsApp). Address: 7 Khoriva Street, Office 2, Kyiv (Podil). Opening hours: Mon–Fri, 9.00–18.00.