Here is the analysis of the court decision:
1. Subject of the dispute: Recognition of the Pension Fund’s actions as unlawful regarding pension calculation without taking into account indexation for a pensioner residing in Israel.
2. Main arguments of the court:
– The Pension Fund performed pension recalculation in accordance with the legislation
– Pension indexation is mandatory under the legislation
– The court pointed out that the pensioner has the right to indexation regardless of the place of residence
– Previous courts incorrectly assessed the circumstances of the case and did not investigate the issue of actual indexation
3. Court decision: Repeal previous court decisions and refer the case for a new review to thoroughly examine the circumstances of pension indexation.
