Subject of Dispute: A person receiving an age pension on preferential terms challenges the Pension Fund’s refusal to assign them an age pension on general grounds with a new calculation.
Main Arguments of the Court: The Supreme Court changed its previous legal position and indicated that persons receiving an age pension on preferential terms under Law No. 1788-XII are not entitled to re-assignment of an age pension on general grounds under Law No. 1058-IV. The court emphasized that Article 13 of Law No. 1788-XII provides not a separate type of pension, but preferential conditions for age pension assignment (reduction of retirement age), and such pension is assigned and paid under the conditions of Law No. 1058-IV.
Court Decision: The Supreme Court left the cassation appeal unsatisfied, supporting the decisions of previous instances regarding the refusal to assign the pension.
