Chapter 4. Observing the rights of military personnel, police officers, retired military service personnel, veterans and their family members To this end, legislative amendments are being drafted to Law 2262 to set uniform conditions for the 101 calculation and recalculation of pensions. However, as of 1 January 2020, the Parliament has not received any draft law from the Government on this issue, which indicates that the Ministry of Social Policy is not taking action to address these problems. In its decision in case 826/3858/1834, the District Administrative Court of Kyiv declared items 1 and 2 of Resolution 103 and amendments to item 5 and Annex 2 of the Procedure for recalculation of pensions granted in accordance with the Law Of Ukraine “On Pensions to Persons Released from Military Service and Certain Other Persons” (approved by Cabinet of Ministers of Ukraine Resolution 45 of 13 February 2008) illegal and invalid (the decision entered into force on 5 March 2019), declared the decision in case 826/12704/18 (entered into force on 14 June 2019)35 illegal, and repealed item 3 of Resolution 103. Currently, the Verkhovna Rada of Ukraine is considering a draft Law of Ukraine “On Amendments to the Law of Ukraine “On Pensions to Persons Released from Military Service and Certain Other Persons” on Restoring Previous Provisions of this Law” (reg. no. 2141 of 13 September 2019). The adoption of this draft Law will contribute to restoration of the social rights of this group of pensioners in accordance with the provisions of the Constitution of Ukraine (in particular Article 92, which stipulates that forms and types of pensions are determined exclusively by the laws of Ukraine). This issue remains on the Commissioner’s watch list. Monitoring visits to the territorial offices of the Pension Fund of Ukraine (PFU) revealed violations of the right of military pensioners to proper recalculation of pensions. At the same time, there are many cases of recalculations being made using incorrect parameters, and refusal to recalculate pensions despite the provision of certificates clarifying the basis for financial support, as well as PFU employees interpreting the legislation of Ukraine at their own discretion, which leads pensioners as a whole to have negative attitudes towards the PFU. Example T., a veteran, applied to the Commissioner after his pension was recalculated on the basis of clarifying information on financial support provided in June 2017. In his case, the amount paid after recalculation in 2017 only covered the previous 12 months, in accordance with Article 51 of Law 2262 (in line with the Article valid until 1 January 2016). As a result of the intervention of the Commissioner, citizen T. received backdated payments covering almost nine years (1 January 2008 to mid-2016). 34 http://reyestr.court.gov.ua/Review/80454350. 35 http://reyestr.court.gov.ua/Review/82368814. CHAPTER 4 Lack of systematic approach among employees of territorial bodies of the Pension Fund of Ukraineto pension recalculation