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Court Orders Pension Fund to Recognize Early Retirement Rights After Layoff

Суд зобов'язав Пенсійний фонд визнати права на дострокову пенсію після звільнення.

Ukrainian Pension Fund Denied Early Retirement Over Technicalities

In a case that highlights the bureaucratic hurdles faced by Ukrainian workers nearing retirement, a woman laid off just 1.5 years before her pension age was initially denied early retirement benefits by the Pension Fund of Ukraine (PFU). The PFU rejected her claim on January 2, 2025, citing discrepancies in her documents—including a questionable certificate from the Lysychansk employment center, mismatched addresses, and an incomplete internally displaced person (IDP) certificate. However, the Mykolaiv District Administrative Court overturned this decision, emphasizing that the burden of proof rests with the Pension Fund, not the individual, to justify a denial.

Olena Oleksiivna, who has over 40 years of work experience, applied for early retirement on December 27, 2024. She was eligible to receive payments one and a half years early, without waiting until age 60. Despite the PFU confirming that her age and work history met the legal requirements for early retirement, the fund refused her application based solely on document irregularities. The court ruled that address mismatches are the responsibility of the employment center and cannot serve as grounds for denying pension benefits. It annulled the PFU's decision and ordered a re-evaluation of her case. As a journalist from the publication 'Na Pensii' noted:

“It is not the individual who must prove they deserve a pension—rather, the PFU must explain why they denied it.”

Eligibility Criteria and Steps to Take After a Denial

For those facing similar situations, understanding the conditions for early retirement is critical. These include:

  • Dismissal due to staff reduction (layoff);
  • Being no more than 1.5 years away from the standard retirement age;
  • Insurance record: at least 30 years for women and 35 years for men;
  • Registration with the employment center within 30 days of dismissal;
  • No suitable job offers from the employment center for at least 7 days.

If your application is denied, experts recommend following a clear action plan: request a written denial with a detailed explanation, keep all certificates and receipts, seek assistance from a free legal aid center, and file an administrative lawsuit in court. As the journalist further explained:

“Even without this, it’s still in her favor: what is 1,300 hryvnias compared to a pension for eight months?”

The court fee for a non-property claim is less than half the subsistence minimum for able-bodied individuals, which in 2024 is set at 3,328 hryvnias. This means the fee is approximately 1,331 hryvnias. This case underscores the importance of legal recourse for individuals facing obstacles in obtaining pension payments.

Beyond illustrating the challenges Ukrainians encounter in the pension process, this case highlights the necessity of defending one's rights through the courts. It also points to the need for clearer regulations regarding document requirements to prevent formalistic rejections that can severely impact people’s lives, especially as they approach retirement age. The court’s ruling may serve as an important precedent, signaling that government agencies must act fairly and responsibly in matters of social protection.