Here is the translation:
1. Subject of Dispute: Recognition of the Pension Fund’s refusal to grant a service pension to a criminal executive service employee as unlawful.
2. Main Court Arguments:
– The Law on the State Criminal Executive Service provides for preferential service years calculation (1 month of service counted as 40 days)
– Preferential calculation does not change the actual service duration, but accelerates the right to pension
– The plaintiff has a preferential service of 42 years, which grants the right to pension assignment
3. Court Decision: Satisfy the claim and oblige the Pension Fund to assign a service pension starting from 31.08.2023.
Note: The court deviated from previous practice regarding interpretation of preferential service years calculation procedure.
