Subject of Dispute: A person challenges the Pension Fund’s decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: The Supreme Court changed its previous legal position and indicated that persons receiving preferential old-age pension under Law No. 1788-XII are not entitled to re-assignment of an old-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 with a lower retirement age, and such pension is assigned according to the rules of Law No. 1058-IV.
Court Decision: The Supreme Court left the plaintiff’s cassation appeal unsatisfied and supported the decisions of previous judicial instances to refuse pension assignment.
