Legislative grounds for recalculating pensions for individuals discharged from military service and individuals equated with them

The article critically analyses the legal norms regarding the recalculation of pensions for individuals discharged from military service and individuals equated with them. It examines and characterizes the legislative grounds for such recalculation and their impact on the legal mechanism for exercising the right to pension provision by these categories of individuals. Problems in the practical implementation of the pension recalculation procedure are identified, focusing on contradictions and certain inconsistencies in the legislative norms. Examples are provided, and the content of discrepancies between the provisions of subordinate regulatory acts and the laws in terms of recalculating pensions based on updated certificates due to changes in the amount of financial support, or the individual’s request for a change in the type of pension provision, or the need for pension indexation, etc., is analysed. The article emphasizes that a significant issue in the legal mechanism for exercising the right to pension recalculation for recipients of special pension provision is the large number of involved entities. Attention is drawn to the absence of a legislative definition of pension recalculation and the lack of systematization in the normative grounds for such recalculation. Based on the analysis of legal norms, it is suggested that the need for pension indexation is a reason for recalculating pensions. It is concluded that there are three main legal grounds for recalculating pensions: the presence/submission of documents that were not considered at the time of the pension award to the recipient of special pension provision; the adoption by the Cabinet of Ministers of Ukraine of an act changing the amounts of financial support for military personnel, and the indexation of financial support. It is argued that, in addition to these, a court decision obliging the territorial offices of the Pension Fund of Ukraine to conduct a recalculation is also a ground for pension recalculation for a recipient of special pension provision. The article highlights that court appeals result from the Pension Fund of Ukraine’s incorrect application of newly adopted regulations over time and/or incorrect application of legislative provisions. Examples of court decisions are provided, indicating problematic issues in the mechanism of pension recalculation for recipients of special pension provision that required court intervention and were resolved in judicial proceedings. The corresponding conclusions of the Constitutional Court of Ukraine are also analysed.