Key Takeaways
- • The Sumy District Administrative Court ruled that the Main Department of the Pension Fund of Ukraine in the Sumy region acted unlawfully by refusing to recalculate the pension of a second-category Chernobyl liquidator with more than 45 years of insurance record.
- • The court ordered the Pension Fund to recalculate and pay the pension with a 1% of earnings increase for each year beyond 20 years of service under the pre-October 10, 2017 version of Article 56 of Law No. 796-XII, without applying the two-component formula under Article 27 of Law No. 1058-IV.
- • The pension was assigned in 2008, before the October 11, 2017 amendments, which the court held was the decisive factor in the case.
- • As of March 2026 the pensioner received 5566.66 UAH per month, including a 4977.24 UAH basic pension, 418.60 UAH overtime supplement and 170.82 UAH additional pension for health harm.
- • Recalculation runs from March 1, 2026, not February 23, 2026, the application date, because the application was filed after the 15th of the month under Article 45 of Law No. 1058-IV.
Summary
The Sumy District Administrative Court found the refusal by the Main Department of the Pension Fund of Ukraine in the Sumy region to recalculate the pension of a second-category participant in the liquidation of the Chernobyl NPP accident to be unlawful, according to the court's decision reported by Судово-юридична газета. The plaintiff's insurance record exceeds 45 years. He was granted an age pension in 2008 under Law No. 1058-IV, with a reduced retirement age under Law No. 796-XII.
On February 23, 2026, the pensioner, through his representative, asked the Pension Fund to increase his pension by 1% of earnings for each year worked beyond 20 years of service, under the pre-2017 version of paragraph 2 of Article 56 of Law No. 796-XII, without applying the two-component calculation in part two of Article 27 of Law No. 1058-IV. The fund refused by letter dated March 9, 2026, stating that the two-component calculation was impractical and that current legislation provided no alternative method. It reported that the total monthly payment as of March 2026 was 5566.66 UAH, consisting of a 4977.24 UAH basic pension, a 418.60 UAH supplement for 20 years of overtime service, and a 170.82 UAH monthly additional pension for health harm.
The fund did not file a response to the claim, so the court decided the case on the materials submitted. The court held that the pension was assigned before the Law of October 3, 2017, No. 2148-VIII, took effect on October 11, 2017, which added the two-component condition to paragraph 2 of Article 56. It found the fund's impracticality argument unfounded and cited Supreme Court rulings of June 17, 2025 (case No. 400/7832/23) and November 28, 2025 (case No. 580/5538/24) with a similar approach.
On the timing, the court relied on Article 45 of Law No. 1058-IV, under which recalculation runs from the first day of the month of application if filed by the 15th, or from the first day of the following month if filed later. Because the application was filed on February 23, 2026, the court set March 1, 2026 as the start date and rejected the claim for recalculation from February 23. The court partially satisfied the claim, applying Article 9 of the Code of Administrative Procedure of Ukraine, and denied the remaining claims. It did not specify the new pension amount or any overpayment sum, and the decision may be appealed.
On February 23, 2026, the pensioner, through his representative, asked the Pension Fund to increase his pension by 1% of earnings for each year worked beyond 20 years of service, under the pre-2017 version of paragraph 2 of Article 56 of Law No. 796-XII, without applying the two-component calculation in part two of Article 27 of Law No. 1058-IV. The fund refused by letter dated March 9, 2026, stating that the two-component calculation was impractical and that current legislation provided no alternative method. It reported that the total monthly payment as of March 2026 was 5566.66 UAH, consisting of a 4977.24 UAH basic pension, a 418.60 UAH supplement for 20 years of overtime service, and a 170.82 UAH monthly additional pension for health harm.
The fund did not file a response to the claim, so the court decided the case on the materials submitted. The court held that the pension was assigned before the Law of October 3, 2017, No. 2148-VIII, took effect on October 11, 2017, which added the two-component condition to paragraph 2 of Article 56. It found the fund's impracticality argument unfounded and cited Supreme Court rulings of June 17, 2025 (case No. 400/7832/23) and November 28, 2025 (case No. 580/5538/24) with a similar approach.
On the timing, the court relied on Article 45 of Law No. 1058-IV, under which recalculation runs from the first day of the month of application if filed by the 15th, or from the first day of the following month if filed later. Because the application was filed on February 23, 2026, the court set March 1, 2026 as the start date and rejected the claim for recalculation from February 23. The court partially satisfied the claim, applying Article 9 of the Code of Administrative Procedure of Ukraine, and denied the remaining claims. It did not specify the new pension amount or any overpayment sum, and the decision may be appealed.
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