Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution of Ukraine, new restrictive norms cannot be applied to previously acquired rights. The court emphasized that extending new rules for payment of supplements for additional work experience to persons who were previously assigned a pension is an inadmissible narrowing of existing rights. The court also took into account the special status of citizens affected by the Chornobyl disaster and the state’s obligation to provide their social protection. Court Decision: The Supreme Court satisfied the claim and obliged the Pension Fund to recalculate the plaintiff’s pension, taking into account the supplement for overtime work experience at a rate of 1% of earnings for each year of work beyond 15 years.
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