Good day! I will gladly analyze this court decision for you.
1. The subject of the dispute in this case is the appeal of the Pension Fund’s decision to refuse to conduct pension indexation using the average wage increase coefficient.
2. The court of cassation instance, when considering the case, noted that the indexation of pensions in 2023 should be carried out using a coefficient of 1.197 to the average wage indicator, which was taken into account when calculating the pension. The court emphasized that the Procedure for Recalculating Pensions, approved by the Cabinet of Ministers, should be applied only to the extent that it does not contradict the Law of Ukraine “On Mandatory State Pension Insurance.” The court referred to its previous practice, where similar issues had already been considered, and confirmed that the application of the provisions of the Procedure that limit indexation is illegal. At the same time, the court drew attention to the fact that the right to pension indexation is not indefinite, and the claim can be satisfied only within the six-month period of appealing to the court from the moment the person became aware of the violation of their rights. Since the plaintiff applied to the court on December 6, 2023, her rights are subject to protection only from June 6, 2023.
3. The Supreme Court overturned the decisions of the previous instances and partially satisfied the claim, obliging the Pension Fund to recalculate the plaintiff’s pension from June 6, 2023, using the corresponding indexation coefficient.
