1. The subject of the dispute is the refusal of the Main Department of the Pension Fund of Ukraine in the Dnipropetrovsk region to index the pension of PERSON_1 using the increase coefficients of the average salary indicator, which are taken into account when calculating the pension, in the amounts of 1.11, 1.14 and 1.197 in 2021-2023.
2. The court of cassation disagreed with the conclusions of the courts of previous instances, emphasizing that when indexing the pension, the average salary indicator that was taken into account when assigning the pension should be applied, and not as of 01.10.2017, as provided for by Procedure No. 124, since in case of conflict between the norms of a by-law and the norms of the law, the norms of the law shall apply. The court also took into account the terms of appeal to the administrative court, noting that the right to index a pension is not absolute and is limited to a six-month period for appealing to the court. Considering that the plaintiff appealed to the court on 04.07.2024, the claims for the period until 04.01.2024 remain unexamined due to missing the deadline for appealing to the court. In this decision, the court actually departed from the previous practice of applying the norms regarding pension indexation, giving priority to the provisions of the Law of Ukraine “On Mandatory State Pension Insurance” over the provisions of Procedure No. 124.
3. The Supreme Court overturned the decisions of the previous courts and partially satisfied the claim, recognizing the refusal to index the pension from 04.01.2024 as illegal and obliging to recalculate and pay the pension taking into account the relevant coefficients, and left the claims for the previous period unexamined.
