Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation.
Main Arguments of the Court:
1. The Court established that Procedure for Pension Recalculation No. 124 does not comply with the Pension Insurance Law, as it differently defines the indicator subject to indexation.
2. According to the law, indexation should be carried out by increasing the average salary indicator from which the pension was directly calculated, rather than a fixed indicator as of October 2017.
3. The Pension Fund unlawfully established monthly surcharges instead of actual indexation, which violates the principles of social justice and the legally defined procedure for pension calculation.
Court Decision: Partially satisfy the claim by obliging the Pension Fund to conduct pension indexation from September 13, 2023, applying coefficients of 1.11, 1.14, and 1.197.
