Subject of Dispute: A person challenges the Pension Fund’s decision to refuse the appointment of an old-age pension on general grounds with a new calculation of average salary.
Main Arguments of the Court: The Supreme Court deviated from previous practice and established that a person who is already receiving an old-age pension on preferential terms is not entitled to re-appointment of the same type of pension with a new calculation. The Court considers 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 appointed according to the general rules of the Law on Compulsory Pension Insurance.
Court Decision: The Supreme Court left the cassation appeal unsatisfied, supporting the decisions of previous instances to refuse pension appointment.
