1. The subject of the dispute in this case is the appeal against the actions of the Main Department of the Pension Fund of Ukraine regarding the refusal to index the pension using certain coefficients of increase in the average wage.
2. The court of cassation indicated that pension indexation is a mandatory payment, and Procedure No. 124, which regulates the recalculation of pensions, should be applied in accordance with the Law “On Compulsory State Pension Insurance”. The court emphasized that in case of conflict between the norms of a by-law (Procedure) and the norms of the law, preference is given to the law. The court also departed from the previous position regarding the indefinite payment of pensions, emphasizing the importance of complying with the deadlines for appealing to the court established by the Code of Administrative Procedure of Ukraine, namely a six-month period from the date when the person became aware of the violation of their rights.
3. The Supreme Court overturned the decisions of the courts of previous instances and issued a new decision, which partially satisfied the claim, recognizing the actions of the Pension Fund regarding the refusal to recalculate the pension as illegal, and obliged to index the pension from February 28, 2024, using the appropriate coefficients, and left the claims for the previous period without consideration due to missing the deadline for appealing to the court.
