Chernobyl Survivors Shortchanged on Pensions: How to Claim What You're Owed
Ukrainian Chernobyl survivors are receiving fixed pension supplements that fall short of their legal entitlements, resulting in significant monthly losses. Lawyer Andrii Dzis points to a conflict between the law and government resolutions as the cause. His calculations show that affected individuals are being underpaid by between one and two thousand hryvnias each month. This issue highlights ongoing challenges in securing adequate support for those impacted by the 1986 nuclear disaster.
The majority of citizens with official status as victims of the Chernobyl catastrophe receive an additional pension that does not comply with legislation. The Pension Fund of Ukraine calculates payments based on fixed amounts set by Cabinet resolutions, ignoring both the law and Supreme Court rulings. The law stipulates that payments should be tied to the subsistence minimum or the minimum age pension. For instance, for Category 1 victims with a Group I disability, the PFU pays about 474 UAH, whereas the law mandates they receive 100% of the minimum pension—2,595 UAH—starting January 1, 2026.
- For Group II disability, the PFU pays 379 UAH, while the correct amount should be 75% of the minimum pension, or 1,946 UAH.
- For Group III disability, the payment is 284 UAH, but it should be 50% of the minimum pension, or 1,297 UAH.
- For Category 2 individuals without a disability, the Pension Fund pays only 170 UAH, whereas the legal requirement is 778 UAH.
- For Category 3 individuals, the payment is 113 UAH instead of the rightful 648 UAH.
According to Andrii Dzis, the core problem is the contradiction between Ukraine's Law No. 796 and subsequent government resolutions. For Categories 2 and 3 without disabilities, there is no direct Supreme Court precedent yet, complicating appeals. Military pensioners who are Chernobyl survivors also face a risk: the Pension Fund may reduce or eliminate another 2,000 UAH supplement provided under Resolution No. 713.
Steps to Apply for a Pension Recalculation
For those seeking to have their pensions recalculated, the lawyer outlines a course of action. First, obtain the protocol of pension assignment. Next, submit an application to the Pension Fund. If this receives an official refusal, file an administrative lawsuit with the court. These steps can help survivors secure the payments they are legally owed. Navigating this bureaucratic and legal process often requires persistence and professional guidance.
The situation with pension underpayments for Chernobyl victims is causing widespread concern, as many depend on these funds for their livelihood. The discrepancy between legal norms and current Cabinet of Ministers resolutions creates legal uncertainty, making it difficult for survivors to obtain rightful compensation. Support from lawyers and human rights advocates plays a crucial role in helping people defend their rights through the judicial system.