The court concluded that when conducting pension indexation, the average wage indicator used for calculating the pension at its initial assignment should be applied, rather than the indicator as of October 1, 2017, as provided by Procedure No. 124. The court emphasized that the provisions of the subordinate legal act (Procedure No. 124) contradict the Law of Ukraine “On Compulsory State Pension Insurance”, and therefore the law should be applied as an act of higher legal force. At the same time, the right to indexation is limited by a 6-month period for filing a lawsuit.
