Subject of Dispute: Recognition of the Pension Fund’s Refusal as Unlawful to Grant a Pension for Length of Service to a Person Dismissed from the Penitentiary Service.
Main Court Arguments: The Supreme Court confirmed that for personnel of the penitentiary service, the preferential length of service calculation (one month of service counted as 40 days) is applied specifically for pension assignment, and not only for determining its amount. The Court noted that preferential service calculation does not change the actual length of service, but allows obtaining the necessary number of years for pension assignment more quickly.
Court Decision: The Supreme Court upheld the decisions of previous instances and denied the Pension Fund’s request to cancel the assignment of a length of service pension to the plaintiff.
