The court was guided by the fact that Article 13 of the Law “On Pension Provision” provides not a separate type of pension, but only preferential conditions for age-based pension assignment by reducing the retirement age. Since the preferential age-based pension is assigned and paid according to the procedure and conditions of the Law “On Compulsory State Pension Insurance”, persons receiving such a pension are not entitled to re-assign the same type of pension (age-based pension) with the application of a new average wage indicator. In this case, the Supreme Court deviated from its previous legal positions in similar cases.
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