The military pension and its recalculation: securing the correct amount

What is happening

A serviceman's pension is calculated by the ministry's pension authority from the certificate of length of service and the certificate of service pay. The mistakes are rarely arithmetical; they are in the input data. Years in a remote garrison are left out, preferential reckoning of one and a half or two years for one is not applied, or months between transfers disappear.

The second layer is supplements and increases. Disability, veteran status, participation in combat operations and dependent family members all give rise to a supplement — but only if the document reached the pension file. In practice a person can receive a pension without a supplement for years simply because nobody attached the certificate.

The third situation is a refusal to recalculate. The authority writes that there are no grounds, or recalculates only from the date of application. Here the dispute concerns both the amount and the period for which the shortfall must be paid.

What the law says

• A long-service pension is granted to servicemen under a separate pension statute, not under the general rules for insurance pensions.
• The amount depends on length of service, the salary for the post and for the rank, the long-service supplement, and the reduction coefficient in force on the date of award.
• Service in certain conditions counts towards length of service on preferential terms. This must be confirmed by a document from the unit or an archive certificate; the ministry will not reconstruct it on its own.
• A disability pension arising from a military injury is calculated differently from a pension for an illness contracted during service. The wording of the military medical board's findings directly affects the amount.
• Where the pension authority is at fault for the underpayment, the shortfall can be claimed for the past, not only going forward. The length of that period is a separate issue in the dispute.
• A refusal by the pension authority can be challenged in court. The time limit runs from the date you received the written reply.

What we do

• We check the calculation against your certificates of service and service pay and identify the periods and supplements left out.
• We request archive certificates and extracts from unit orders where your documents have been lost.
• We prepare the application for recalculation to the pension authority, with our own figures and the supporting papers.
• We pursue the inclusion of disputed periods in your length of service, including on preferential terms.
• We challenge a refusal to recalculate in court and claim the shortfall for the past period.
• We take the case to appeal if the judgment does not satisfy you.

What we need from you

• The certificate of length of service and the pension calculation issued by the pension authority.
• Your pension certificate and the latest documents showing the amount paid.
• Extracts from orders on appointment, transfers and discharge, and your service record book or contract.
• The findings of the military medical board and the disability certificate, if you have them.
• Documents on dependent family members if you are claiming a supplement for them.
• The written refusal of recalculation from the pension authority.