Subject of the Dispute: Recognition of the Pension Fund’s Inaction as Unlawful Regarding Non-Accrual of Pension Increase for a Minor Affected by the Chornobyl Catastrophe.
Main Arguments of the Court: The Supreme Court deviated from previous practice and recognized that minor children receiving a survivor’s pension are non-working pensioners. The Court referred to the Constitutional Court’s decision, which restored the effect of Article 39 of the Law on Chornobyl Victims’ Status, and to previous Supreme Court resolutions that confirmed the right to a monthly pension increase of two subsistence minimums for persons living in contaminated territories.
Court Decision: The Court partially granted the claim, recognizing the Pension Fund’s inaction as unlawful and obliging it to accrue and pay the pension increase to the minor person from 18.10.2023.
