The refusal pattern in these cases repeats almost word for word. A retired serviceman obtains an updated certificate of monetary allowance that includes additional types of allowance — bonuses, supplements, increases, premiums. He submits it to the Pension Fund and gets a reply: there are no grounds for recalculation. In two cases I handled, the courts disagreed with that approach and ordered the pension recalculated from 1 April 2019, taking into account amounts already paid.
In brief: 6 points
- The right to recalculation is set out in Article 63 of Law No. 2262-XII — triggered by an increase in the monetary allowance of the relevant categories of servicemen.
- The key document is the certificate of monetary allowance, issued by a competent authority, including the additional types of allowance.
- The recalculation date is 1 April 2019 in this category of cases: the first day of the month following the month in which the relevant circumstances arose.
- Certain clauses of Resolution No. 103 losing force does not remove the right to recalculation — this is an argument the Pension Fund raises and courts reject.
- Recalculation is made taking into account amounts already paid, meaning only the difference is recovered, not the whole pension anew.
- If the claim is granted, the court fee is reimbursed from the authority's budget allocations.
Legal basis: what the claim rests on
The special statute is the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons" No. 2262-XII. The recalculation of previously granted pensions is governed by its Article 63: all pensions already granted are subject to recalculation whenever the monetary allowance of the relevant categories is increased — on the terms, in the manner and in the amounts set by the Cabinet of Ministers.
Below the statute, at the level of secondary legislation:
- Procedure No. 45 — the procedure for recalculating pensions granted under Law No. 2262-XII;
- Resolution of the Cabinet of Ministers No. 103 of 21 February 2018 — on recalculating pensions for persons discharged from military service and certain other categories;
- Resolution of the Cabinet of Ministers No. 704 of 30 August 2017 (in force since 1 March 2018) — it approved the pay-grade and coefficient scales for position-based salaries, which are used to calculate the components of the monetary allowance.
The recalculation takes into account the position-based salary, the salary for military (special) rank, and the percentage long-service allowance as of the date the right to recalculation arose — for the corresponding or an equivalent position and rank.
Case law that courts in this category of disputes rely on: the ruling of the Cassation Administrative Court within the Supreme Court of 17 December 2019 in the model case No. 160/8324/19, the conclusions of the Grand Chamber of the Supreme Court of 24 June 2020, and the Supreme Court's ruling of 10 October 2019 in case No. 553/3619/16-а on the grounds for actions aimed at recalculating previously granted pensions.
Why exactly 1 April 2019
This is the point most often confused. The logic is as follows: from the day the court decision in case No. 826/3858/18 entered into force, grounds arose for recalculating pensions granted under Law No. 2262-XII, taking into account the position-based salary, the salary for rank, the long-service allowance, and the additional types of monetary allowance calculated under Resolution No. 704.
A pension is recalculated from the first day of the month following the month in which the circumstances that change its amount arose. For this category of cases, that date is 1 April 2019 — this is the date from which courts order recalculation.
Note that the date does not depend on when you received the certificate. In one case, the certificate was issued in November 2025 but stated the allowance as of March 2019 — and the recalculation was still awarded from 1 April 2019.
The certificate of monetary allowance — the key document
Without it there is no case. The certificate is issued by a competent authority — in the cases I handled, this was a territorial recruitment and social support centre. It is essential that the certificate include the additional types of monetary allowance: bonuses, supplements, increases and premiums, not just the bare salary.
It is precisely the difference between the "bare" and the full allowance that produces the increase in pension. So the first thing to do, even before applying to the Pension Fund, is to check exactly what the certificate includes. If the additional types are not included, the dispute is pointless — there will be nothing to recalculate.
Three arguments the Pension Fund makes, and how to answer them
| The authority's argument | How to answer |
|---|---|
| Clauses 1 and 2 of Resolution No. 103 have lost force, so there are no grounds for recalculation | Finding those provisions unlawful and invalid does not remove the right guaranteed by law: the right to recalculation follows from Article 63 of Law No. 2262-XII, not from a piece of secondary legislation |
| There is no Cabinet of Ministers decision ordering the recalculation | The ground for action can be either a government decision or the pensioner's application with supporting documents — a legal conclusion of the Supreme Court in case No. 553/3619/16-а |
| The certificate was issued "late" or by the wrong authority | What matters is the competence of the authority that issued the certificate and the composition of the allowance it covers. The date the certificate was issued does not shift the date on which the right arose |
Two of my own cases
Case one: recalculation from 1 April 2019 fully granted
The problem. A former serviceman received a certificate of monetary allowance for recalculation from 1 April 2019, but the Pension Fund refused, understating the payments.
What we did. We filed an administrative claim with the certificate and grounds based on Cabinet of Ministers Resolution No. 103 of 21 February 2018 and the relevant case law.
The outcome. The court fully granted the claim: it ordered the pension recalculated and paid from 1 April 2019. The pension amount was increased (decision).
Case two: case No. 160/37185/25
The problem. A retired woman received a certificate of monetary allowance, issued in November 2025 stating the allowance as of March 2019, including additional types of allowance and premiums. She applied to the Pension Fund for recalculation of her previously granted pension — and was told there were no grounds.
What we did. We challenged the authority's refusal itself and sought an order requiring recalculation from 1 April 2019, taking into account amounts already paid. We separately addressed the Pension Fund's argument that clauses of Resolution No. 103 had lost force.
The outcome. The claim was granted: the authority's refusal was found unlawful, and it was ordered to recalculate and pay the pension from 1 April 2019 on the basis of the certificate, taking into account amounts already paid. A court fee of UAH 968.96 was awarded to the claimant, reimbursed from the authority's budget allocations. The case was heard under simplified claim proceedings, in written proceedings, and the judgment was issued by the Dnipropetrovsk District Administrative Court on 26 February 2026.
This is a first-instance court decision that, as of the publication date, has not entered into legal force. This material will be updated once a higher court reviews the case.
These are the outcomes of specific cases with specific certificates. They are not a promise of the same outcome in your situation: if your certificate does not include the additional types of monetary allowance, there may be no grounds for recalculation at all.
Documents: what to get, where, and why
| Document | Where to get it | Why |
|---|---|---|
| Certificate of monetary allowance | The Territorial Recruitment and Social Support Centre (TCC) or another competent authority | The basis for recalculation; must include the additional types of allowance |
| Pension certificate and the decision granting the pension | Pension Fund of Ukraine (PFU) | Confirms status and the current amount |
| Application to the Pension Fund for recalculation | Filed by you | A mandatory step before going to court |
| The Pension Fund's written refusal | Pension Fund of Ukraine | The subject of the appeal |
| Calculation of the current pension amount | Pension Fund of Ukraine | Shows exactly what is currently taken into account |
| Documents on length of service and rank | Personnel file, Territorial Recruitment and Social Support Centre | Needed to verify the components |
Action plan
- Get the certificate of monetary allowance and check whether it includes bonuses, supplements, increases and premiums.
- File an application with the Pension Fund for recalculation of the previously granted pension, attaching the certificate.
- Wait for a written reply. An oral refusal will not do for court purposes.
- Challenge the authority's refusal in administrative court.
- In the claim, seek not only a finding that the refusal was unlawful, but also an order to recalculate and pay the pension from a specific date, taking into account amounts already paid.
- Check the deadline for filing with the administrative court as of the date you file the claim.
Did the Pension Fund refuse a recalculation? Send me your certificate of monetary allowance and the Fund's written reply — I will tell you whether there are grounds for a claim and from what date recalculation can be sought. Consultations are held in Ukrainian or Russian; written communication in English is available. Write or call.
Mistakes that cost money
- Not checking what the certificate includes. Without the additional types of allowance, there is nothing to recalculate.
- Settling for an oral refusal. A written reply is required.
- Seeking only a finding that the refusal was unlawful. Without a demand to order recalculation, the judgment will be difficult to enforce.
- Not specifying the date from which recalculation should apply. This directly affects the amount.
- Accepting the argument that Resolution No. 103 lost force. Courts reject this argument.
Frequently asked questions
From what date does the court order the pension recalculated?
In this category of cases — from 1 April 2019: the first day of the month following the month in which the circumstances changing the pension amount arose.
The Pension Fund says Resolution No. 103 lost force. Does that settle the matter?
No. Courts hold that finding certain provisions unlawful and invalid does not remove a person's statutory right to recalculation triggered by a change in the amount of monetary allowance.
Do I need to apply to the Pension Fund first, or can I go straight to court?
You must apply to the Pension Fund first, with an application and the certificate. The subject of the court dispute is the authority's specific actions or refusal — without them, a claim is premature.
Will I be paid the difference for past years?
The court orders recalculation and payment from a set date taking into account amounts already paid — meaning it is specifically the difference that is at stake.
Who reimburses the court fee?
When a claim by a person who is not a subject of public authority is granted, court costs are awarded from the defendant's budget allocations. In case No. 160/37185/25, this amounted to UAH 968.96.
How long does such a dispute take?
Cases in this category are often heard under simplified claim proceedings, in written proceedings, without summoning the parties. But the timeframe depends on the court's workload and whether the judgment is appealed. There is no universal timeframe.