In Ukraine, working pensioners can receive a higher payout as early as September, however a lawyer emphasizes: the right to a recalculation is not tied exclusively to this month. This was stated in a comment to RBC-Ukraine by pension recalculation lawyer Liubomyr Kozhukhov of the law firm "Prykhidko and Partners." According to him, the mechanism is regulated by Part Four of Article 42 of the Law of Ukraine "On Mandatory State Pension Insurance."
When the right to a recalculation arises
"The right to a recalculation is not tied exclusively to September — it can arise in any month if the pensioner has acquired the required insurance record," explains Liubomyr Kozhukhov. If a person continued to work after their pension was assigned or preliminarily recalculated, they may be entitled to a higher payout provided the established conditions are met. That is precisely why, according to the lawyer, working pensioners should independently and periodically check whether they have acquired the right to a recalculation, rather than relying on a specific month of the year.
Two recalculation options and the fund's obligation
In practice, there are two ways in which the payout may be issued after a recalculation. "The Pension Fund must apply the recalculation option that is most advantageous for the pensioner," notes Kozhukhov. According to him, it is important for the pensioner that the Pension Fund of Ukraine compares both options and determines the one that yields the larger payout. This means that choosing the more favorable calculation is not a right but an obligation of the fund, which can be cited during an audit.
How to appeal an error
The lawyer also reminded that if a recalculation has not been carried out, or if the insurance record or earnings have been accounted for incorrectly, such a decision can be appealed. This gives the working pensioner a tool for protection: upon discovering unrecorded service or an incorrect calculation, they can initiate an audit and challenge the fund's decision. It was also previously reported that pensioners who are entitled to several types of pension at once can independently choose the more favorable type of payout — in person at a Pension Fund service center or online via the electronic services web portal.
Does charitable aid affect the pension amount
Separately, the lawyer explained whether charitable aid from the UN or other international funds affects the pension amount. According to her, such payments are not considered income for the purposes of pension calculation only when both the donor and the recipient have an official status. This means that unofficial aid may be accounted for differently, and pensioners should take this nuance into account when assessing their income.
Contradictory data
Open sources feature two different emphases on the same mechanism. On the one hand, a number of publications describe the recalculation as "automatic," which working pensioners "will be able to receive" without any active action. On the other hand, Ukrainian lawyer Liubomyr Kozhukhov explicitly states that the right to a recalculation is not tied to September and arises in any month provided the required record is present, and pensioners are advised to independently check for its presence. Thus, regarding "automaticity" and the tie to a specific month, the sources' versions diverge: in the Ukrainian legal context, the emphasis is placed on the pensioner's independent control and the fund's obligation to apply the most favorable option, rather than on a guaranteed automatic accrual in a fixed month.
