Key Takeaways
- • The Supreme Court of Ukraine ruled that a pensioner's death does not extinguish the Pension Fund's obligation to pay arrears already awarded by a court, recognizing the widow's inheritance right to unpaid military pension funds.
- • In case No. 761/25098/23, the husband died on March 16, 2021, before a March 2021 recalculation ruling took effect on May 12, 2021; the Supreme Court overturned the Kyiv Court of Appeal's March 20, 2024 denial and ordered the Pension Fund to pay the widow.
- • In case No. 671/931/24, the Supreme Court on October 3, 2025 dismissed the Pension Fund's cassation appeal and upheld recovery of 174,349.10 UAH in unpaid military pension arrears owed to a deceased pensioner's widow.
- • The court held that funding shortfalls do not relieve the Pension Fund of its statutory payment obligation, and that the right to recalculation is personal while accrued but unpaid sums pass to heirs under Article 1227 of the Civil Code of Ukraine.
- • The Supreme Court rejected the requirement that heirs first substitute as parties in enforcement proceedings, treating the widow's claim as a defense of a substantive right to funds owed to her husband.
Summary
The Supreme Court of Ukraine has clarified that family members may inherit pension arrears owed to a pensioner who died before a court-ordered recalculation was executed, according to a report published by Судово-юридична газета (sud.ua). The ruling addresses whether funds a pension fund was ordered to pay but had not yet accrued or disbursed can be treated as unpaid sums under Article 1227 of the Civil Code of Ukraine.
In case No. 761/25098/23, a military pensioner had obtained a court decision in March 2021 requiring the Pension Fund to recalculate his pension based on an SBU certificate, raising the basic amount from 70% to 90% of the monetary allowance and paying the full increase, with recalculation running from April 1, 2019. The pensioner died on March 16, 2021, before the decision took legal force on May 12, 2021. The Pension Fund refused to pay his widow, arguing that the recalculation right was personal and non-transferable. Her attempt to substitute for her husband in enforcement proceedings was rejected, and a notary could not complete the inheritance because the agency did not disclose the debt amount. She then filed a separate lawsuit in July 2023. The Shevchenkivskyi District Court of Kyiv upheld her claim on October 16, 2023, but the Kyiv Court of Appeal reversed on March 20, 2024, holding that only accrued but unpaid funds were inheritable. The Supreme Court overturned the appellate ruling, distinguishing the personal right to recalculation from the right to funds owed to the deceased, and ordered the Pension Fund to pay the unpaid pension and 5,368 UAH in court fees.
In case No. 671/931/24, the Supreme Court addressed a separate dispute involving 174,349.10 UAH in unpaid military pension arrears. A Khmelnytskyi District Administrative Court decision of March 21, 2022 had ordered recalculation from December 2019, but the Pension Fund's Khmelnytskyi regional department said in a May 31, 2022 letter that payment would depend on available funding and the priority of court judgments. After the man died, his widow accepted the inheritance and sued to recover the debt. The Volochysk District Court denied the claim on July 10, 2024, but the Khmelnytskyi Court of Appeal reversed on October 28, 2024. On October 3, 2025, the Supreme Court dismissed the Pension Fund's cassation appeal, which had cited funding constraints and special rules for former military personnel.
The court relied on Article 61 of Law No. 2262-XII on pension provision for persons released from military service, along with Article 1227 of the Civil Code and a February 14, 2022 conclusion of the United Chamber of the Cassation Civil Court in case No. 243/13575/19. It held that a state body cannot deprive a person of sums due by pointing to its own failure to perform. The ruling indicates that, where a pensioner acquired a right to arrears during his lifetime, funding delays do not prevent heirs from recovering those sums.
In case No. 761/25098/23, a military pensioner had obtained a court decision in March 2021 requiring the Pension Fund to recalculate his pension based on an SBU certificate, raising the basic amount from 70% to 90% of the monetary allowance and paying the full increase, with recalculation running from April 1, 2019. The pensioner died on March 16, 2021, before the decision took legal force on May 12, 2021. The Pension Fund refused to pay his widow, arguing that the recalculation right was personal and non-transferable. Her attempt to substitute for her husband in enforcement proceedings was rejected, and a notary could not complete the inheritance because the agency did not disclose the debt amount. She then filed a separate lawsuit in July 2023. The Shevchenkivskyi District Court of Kyiv upheld her claim on October 16, 2023, but the Kyiv Court of Appeal reversed on March 20, 2024, holding that only accrued but unpaid funds were inheritable. The Supreme Court overturned the appellate ruling, distinguishing the personal right to recalculation from the right to funds owed to the deceased, and ordered the Pension Fund to pay the unpaid pension and 5,368 UAH in court fees.
In case No. 671/931/24, the Supreme Court addressed a separate dispute involving 174,349.10 UAH in unpaid military pension arrears. A Khmelnytskyi District Administrative Court decision of March 21, 2022 had ordered recalculation from December 2019, but the Pension Fund's Khmelnytskyi regional department said in a May 31, 2022 letter that payment would depend on available funding and the priority of court judgments. After the man died, his widow accepted the inheritance and sued to recover the debt. The Volochysk District Court denied the claim on July 10, 2024, but the Khmelnytskyi Court of Appeal reversed on October 28, 2024. On October 3, 2025, the Supreme Court dismissed the Pension Fund's cassation appeal, which had cited funding constraints and special rules for former military personnel.
The court relied on Article 61 of Law No. 2262-XII on pension provision for persons released from military service, along with Article 1227 of the Civil Code and a February 14, 2022 conclusion of the United Chamber of the Cassation Civil Court in case No. 243/13575/19. It held that a state body cannot deprive a person of sums due by pointing to its own failure to perform. The ruling indicates that, where a pensioner acquired a right to arrears during his lifetime, funding delays do not prevent heirs from recovering those sums.
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