Alla, a native of occupied Horlivka, was forced to move to Mariupol because of the war and fear for her life. “It is closer to home,”- she says. For some time she worked as a nurse and a nursing assistant, hoping to receive a preferential old-age pension, but was refused, as well as a reduction in seniority.
When the woman applied to the Pension Fund in Mariupol when she reached retirement age, she was told that one of the given certificates confirming the preferential length of service was not valid because it was issued by a hospital located in the temporarily occupied territory.
On the recommendation of a neighbor, Alla decided to seek help from the Mariupol Local Center for Free Secondary Legal Aid (FSLA).
As it turned out, that the Pension Fund of Ukraine decline in giving fringe benefits is the most frequently addressed issue by IDPs. And because of the non-acceptance of certificates from the temporarily occupied territories. Therefore, the lawyer of the center Alona Danylevska, having agreed on a legal position, prepared a lawsuit to declare illegal and cancel the decision of the Pension Fund to refuse to grant an old-age pension under List № 2 with a reduction of retirement age and the obligation to reconsider the application.
By the decision of Donetsk District Administrative Court, the refusal of the Pension Fund was declared illegal and subject to cancellation. The Pension Fund is now obliged to reconsider Alla’s application, including periods of work as a nurse and a nursing assistant in the privileged length of service under List № 2.
We remind you that you can get legal aid or clarification on legal issues by calling the toll-free number 0 800 213 103.
Alona DANYLEVSKA, a lawyer of Mariupol Local Center for Free Secondary Legal Aid:
– To receive a preferential old-age pension, internally displaced persons must reach retirement age and have a preferential length of service. When applying to the bodies of the Pension Fund, provide an employment record book with the relevant records, and in case of its absence or relevant records in it, provide additional clarifications (orders, statements, etc.).
As to the certificates issued in the temporarily occupied territory, their non-acceptance due to the impossibility of verifying the authenticity by the bodies of the Pension Fund of Ukraine violates the right of internally displaced persons to social security. Therefore, in case of refusal, you must immediately appeal to a court.