Subject of the dispute – the legality of the Main Pension Fund of Ukraine’s refusal to grant a service pension to an individual.
The court was guided by the following key arguments: firstly, the person applied for pension assignment after 19.02.2022, when changes to the pension calculation procedure came into effect; secondly, from this moment, pension assignment is carried out exclusively taking into account the calendar service years; thirdly, the plaintiff lacks the calendar service years (23 years instead of the required 25 years) for pension assignment.
The court deviated from previous practice and clearly defined that for persons who applied for a pension after 19.02.2022, only calendar service years are taken into account.
The Supreme Court decided to leave the cassation appeal unsatisfied and support the previous decision of the appellate court on the refusal to grant a pension.
