How to Challenge Pension Fund Decisions Over Ink Discrepancies and Recover Your Benefits

Understanding Pension Payment Challenges

According to ХВИЛЯ: A man was denied his rightful pension due to inconsistencies in his employment record caused by entries made with different ink colors. The journalists at 'Pension Matters' investigated this case and outlined strategies to compel the Pension Fund to review pension calculations accurately. They also examined potential risks for employees responsible for such errors and the amount that could be reclaimed.

The Pension Fund typically provides a general response regarding pension calculations without specifying the exact nature of errors. Pension miscalculations often arise from eight key areas:

• insurance contribution periods
• documentation
• income records
• legal provisions
• calculation formulas
• indexation adjustments
• pension start dates
• allowances and supplements
• arithmetical or technical mistakes

To verify pension computations, it’s essential to obtain an extract from the pension assignment or recalculation order. Regularly requesting this document after each recalculation is highly recommended.

If errors are found, a formal complaint must be submitted, consisting of two parts: a request to review the pension calculation accuracy and a demand for an internal investigation if negligence is suspected. Attach copies of the pension decision, prior responses, and documents verifying employment duration and earnings. Complaints should be submitted either in person with registration or sent by registered mail with a detailed inventory and delivery confirmation. It is crucial to note that verbal replies from the Pension Fund are not considered official.

Accountability Measures for Pension Fund Staff

There are four categories of liability for Pension Fund employees in Ukraine:

• disciplinary
• administrative
• property-related
• criminal

Disciplinary actions, governed by Article 66 of the Law 'On Civil Service', include warnings, reprimands, notices of unsatisfactory performance, and dismissal. Administrative penalties under Article 212-3 of the Code of Administrative Offenses range from fines of 425 to 850 UAH, increasing to 1,020–1,360 UAH for repeat violations.

Property liability is defined by Article 107 of the 'Compulsory State Pension Insurance' law and Article 1173 of the Civil Code. Criminal charges may apply in cases of abuse of office, negligence, or deliberate withholding of pensions, though these are rare and require proof of intent and significant harm.

Starting September 5, 2025, a new procedure for appealing Pension Fund decisions is in effect. Complaints must be filed within one year from the decision date, but no later than 30 calendar days after the claimant becomes aware of the decision. If the deadline is missed for a valid reason, it can be extended upon proper justification. Complaints should be addressed to the decision-maker within the Pension Fund, a higher authority, or an administrative court.

According to Article 46 of the Pension Insurance Law, underpayments are recoverable for three years if the pensioner is at fault, or for the entire period without limitation if the Pension Fund is responsible. Article 107 mandates that the Pension Fund return unjustly withheld funds within three days, including a penalty of 120% of the National Bank of Ukraine’s key interest rate. For example, retaining 10,000 UAH wrongly could result in about 1,900 UAH in penalties over one year.

“Experts agree this is the typical outcome achievable through a written complaint.”

This case highlights the complexities pensioners may encounter when claiming their benefits, especially amid systemic imperfections. It is vital for beneficiaries to understand their rights and the appeal process, as this knowledge can significantly affect their ability to secure rightful payments. With the introduction of updated appeal regulations, those affected by calculation errors have an improved chance to obtain justice and recover funds.