Subject of the dispute is the Pension Fund’s refusal to recalculate the pension for the liquidator of the Chornobyl Nuclear Power Plant accident with an increase of 1% for each year of service over 20 years. The court was guided by the fact that legislative changes in 2017 cannot worsen the rights of a person previously acquired. Since the plaintiff obtained the right to a pension before the amendments to the law, he is entitled to a surcharge for overtime service under the old rules, without additional conditions introduced later. In this case, the Supreme Court directly deviated from its previous legal positions on this issue, which were set out in other decisions.
The Supreme Court canceled the decisions of previous instances and sent the case for a new review, as the courts did not investigate the issue of the plaintiff having the necessary additional service length.
