Subject of Dispute: A person challenges the Pension Fund’s refusal to grant them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: The Supreme Court for the first time changed its previous legal position and indicated that a person who is already receiving an old-age pension on preferential terms is not entitled to re-assignment of the same pension with a new calculation. The court emphasized that Article 13 of the Pension Provision Law provides not a separate type of pension, but preferential conditions with a lower retirement age, and such a pension is assigned according to the general rules of the Law on Compulsory Pension Insurance.
Court Decision: The Supreme Court upheld the decisions of previous instances and denied the plaintiff’s cassation appeal.
