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The Pension Fund Incorrectly Calculated the Pension: How to Achieve a Recalculation and Recover Underpaid Money - Судово-юридична газета

Reported by Sud
Nov 4, 2026· 3 min read
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Key Takeaways
  • • Pensioners can request a verification of their pension calculation from the Pension Fund of Ukraine (PFU) and, where legal grounds exist, obtain recalculation and payment of underpaid amounts.
  • • The initial step is a written request to the PFU service center specifying the disputed indicators, work periods, or documents, with copies of supporting evidence attached.
  • • Administrative complaints must be filed within one year of the decision and no later than 30 calendar days after the applicant became acquainted with it, with the PFU required to decide within 30 days (extendable once by up to 15 days) under Procedure No. 21-1.
  • • Under Article 46 of Law No. 1058-IV, accrued but unpaid pension amounts due to the fault of the pension body may be paid for past periods without time limitation, while payments for the pensioner's own fault are limited to three years before the claim.
  • • Liability for Pension Fund errors is distinguished from employee liability: Article 107 covers damages, disciplinary action may follow for official misconduct, and Article 212-3 of the Code of Administrative Offenses provides fines of 425 to 850 hryvnias for illegally refusing to accept or consider appeals.
Summary
A Ukrainian legal publication, Судово-юридична газета, outlines the steps pensioners can take when they believe the Pension Fund of Ukraine (PFU) has incorrectly calculated a pension, failed to account for an insurance period or earnings, or misapplied indexation. The guidance states that such pensioners may demand verification of the calculations, appeal the PFU decision, and, where legal grounds exist, obtain recalculation, payment of underpaid amounts, and compensation for damages. The article notes that not every discrepancy between expected and established amounts constitutes a legal violation.

The recommended first step is to obtain the indicators used to determine the pension, either through a written request to a PFU service center or via the Fund's electronic services portal. An electronic pension amount certificate does not substitute for a detailed calculation justification, so written explanations should be requested where doubts exist. Key verification points include whether all insurance periods were credited, which wage data were used, whether archival documents were considered, whether statutory supplements were applied, and whether the assignment date complies with law.

Disputes often stem from employment record deficiencies. According to the PFU, the employment record book is the main document for work experience before January 1, 2004. Errors do not automatically forfeit credit for a work period, and experience may be confirmed through enterprise certificates, archival documents, or orders, per Cabinet of Ministers Resolution No. 637 of August 12, 1993. Under Article 40 of Law No. 1058-IV, wages before July 1, 2000 may be considered for any 60 consecutive months upon request and documentary confirmation.

For administrative appeals, the article cites Article 105 of Law No. 1058-IV and PFU Board Resolution No. 21-1 of June 13, 2025, effective from September 5, 2025. Decisions by territorial officials may be appealed to their supervisor, while decisions by territorial heads may be appealed to the PFU or directly to administrative court. Complaints must identify the decision, legal grounds, supporting evidence, and desired outcome. Administrative appeal does not waive the right to judicial review.

On recovery, Article 46 of Law No. 1058-IV provides that accrued but unpaid amounts caused by the fault of the paying body are payable for past periods without time limitation, with compensation for lost income. The article cautions that this does not automatically guarantee full recovery of any detected difference, as the grounds and timing of the right must be established. Where the pensioner's own fault caused the delay, back payments are limited to three years before the pension claim. Article 107 provides that the PFU and its officials are liable for damages from untimely or incomplete assignment or recalculation, while disciplinary or administrative penalties apply separately to individual misconduct.

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Sources

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AlphaMaven summarised this story from the reporting below. Each link opens the original article.

Sud The Pension Fund Incorrectly Calculated the Pension: How to Achieve a Recalculation and Recover Underpaid Money - Судово-юридична газета