1. The subject of dispute in this case is the appeal against the Pension Fund’s refusal to index the plaintiff’s pension using certain coefficients for increasing the average wage.
2. The court of cassation instance found that the Pension Fund acted unlawfully by calculating monthly supplements to the pension instead of applying the increase coefficients provided for by the resolutions of the Cabinet of Ministers. The court emphasized that Procedure No. 124 contradicts the Law of Ukraine “On Mandatory State Pension Insurance” regarding the establishment of the basic indicator of the average wage to which the increase coefficient is applied. The court departed from the previous position regarding the application of the provisions of Procedure No. 124 only to the extent that it does not contradict the Law, pointing out that the Cabinet of Ministers is not authorized to establish a basic calculation value for indexation. Also, the court drew attention to the missed deadline for appealing to the court and limited the period of indexation payment to six months before the date of filing the lawsuit.
3. The Supreme Court overturned the decisions of the courts of previous instances and partially satisfied the claim, recognizing the actions of the Pension Fund as unlawful and obliging it to index the pension, but limited the period of indexation payment to six months before the date of filing the lawsuit.
