PFU demands the return of an “excess” pension: lawyer explains why a pensioner is not obliged to do so

The Pension Fund of Ukraine regularly sends citizens notifications about an alleged overpayment of pension funds and demands the return of the “excess” money. However, as Alena Chmona, a pension recalculation lawyer at the law firm “Prykhidko and Partners,” explained in a conversation with RBC-Ukraine, the mere fact that the Fund has detected an error in its calculations does not automatically mean that a person is obliged to return the funds received. In her words, it is fundamentally important to establish the cause of the overpayment: if the pensioner submitted accurate documents and concealed nothing, and the pension was miscalculated by the Fund itself due to a technical or arithmetic error, the legal qualification of the situation changes fundamentally.

What the law says: Article 50 of the Pension Code

Pursuant to Article 50 of the Law of Ukraine “On Compulsory State Pension Insurance,” the only amounts that may be recovered from a pensioner are those paid in excess as a result of the pensioner’s abuse of rights or the provision of inaccurate data. The law provides a mechanism for the return of such funds, including through deductions from the monthly pension. However, as Alena Chmona emphasizes, if the overpayment arose not through the fault of the citizen but due to an error of the body itself that makes pension payments, there is no legal basis for recovery. “An error of the body making pension payments and the misconduct of a pensioner are legally distinct situations,” the lawyer explains. In such a case, the PFU has no right to simply declare that the money must be returned: first, the legal basis for recovery must be substantiated and the party at fault for the overpayment must be established.

Practice: when there was no “overpayment” at all

The lawyer cites examples from practice in which, after receiving a notification about an alleged overpayment, a person contacted the territorial office of the Fund to clarify the calculation — and it turned out that no decision on an overpayment had been issued and the overpayment itself was not confirmed. According to Chmona, the PFU’s demand should be assessed not only in terms of the amount of the debt but also from the standpoint of the legality of the grounds for recovery. “A person should not be held responsible for the fact that a state body did its job incorrectly,” the lawyer concludes. Her practical advice is simple: if the PFU demands the return of an “excess” pension, one must first request the documents confirming the decision on the overpayment and the calculation, and only then decide on further action.

Context: other pension payments in September 2026

Against the backdrop of the debate over overpayments, the Pension Fund reminds of the existing mechanisms of additional support. In particular, vulnerable categories of Ukrainians may receive a winter payment of 19,400 hryvnias, which may be spent at their own discretion, not only on heating costs. An application for it can be submitted by October 30, 2026, through the territorial offices of the PFU, the CNAP, or local government bodies. In addition, from September 2026, a portion of Ukrainian pensioners — mothers of many children who have raised at least five children — will receive a separate pension supplement of up to 1,038 hryvnias per month.