Subject of the dispute is the Pension Fund’s refusal to grant an old-age pension on general grounds to a person who is already receiving an old-age pension on preferential terms. The court was guided by the fact that an old-age pension on preferential terms is a type of old-age pension, not a separate type of pension. Therefore, a person receiving a preferential old-age pension is not entitled to a repeated assignment of an old-age pension on general grounds. The Judicial Chamber for Social Rights Cases deviated from previous legal positions and formed a new approach, according to which a preferential old-age pension is assigned in the procedure and under the conditions of the Law on Compulsory Pension Insurance. The Supreme Court left the cassation appeal unsatisfied and confirmed the legitimacy of the refusal to assign a second old-age pension.
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