Subject of Dispute: Recalculation of Pension for a Participant in the Liquidation of the Chornobyl Nuclear Power Plant Accident with Accrual of an Additional Percentage for Overtime Service.
Main Arguments of the Court: The Supreme Court established that for persons whose pensions were assigned before October 2017, the right to a preferential procedure for calculating pension for overtime service is maintained without additional conditions. The court referred to the constitutional principle of non-retroactivity of laws and the inadmissibility of narrowing previously acquired social rights of citizens affected by the Chornobyl disaster.
Court Decision: To satisfy the claim of PERSON_1, recognize the Pension Fund’s refusal to recalculate the pension as unlawful, and oblige the recalculation according to the rules in effect until October 2017.