1. The subject of the dispute is the refusal of the Main Department of the Pension Fund of Ukraine in Rivne Oblast to recalculate the old-age pension to a participant in the liquidation of the consequences of the Chernobyl accident with an increase of 1% of earnings for each year of work exceeding the length of service of 20 years, without applying a two-component formula.
2. The court of first instance and the court of appeal refused to satisfy the claim, motivating this by the fact that at the time of the plaintiff’s application, the legal regulation had changed, and an increase in pension of 1% is possible only if the pension is granted under the terms of Part 2 of Article 27 of Law No. 1058, which was not the case here. The Supreme Court, however, did not agree with this approach, referring to the fact that the previous courts applied conclusions from which the judicial chamber for the consideration of cases regarding the protection of social rights of the Administrative Court of Cassation had departed. The Supreme Court noted that the changes in legislation introduced by Law No. 2148-VIII should not worsen the situation of persons who have already acquired the right to a pension granted before these changes.
3. The Supreme Court overturned the decisions of the previous courts and sent the case for a new trial to the court of first instance to establish the circumstances regarding the existence of additional length of service for the plaintiff and to make a decision based on the examined evidence.
