1. The subject of the dispute is the appeal against the actions of the Pension Fund regarding the refusal to recalculate the pension taking into account a certain indicator of the average salary and non-payment of financial assistance.
2. The court of cassation instance established that the courts of previous instances mistakenly applied the norms of procedural law, not taking into account that the pension is a monthly payment, and the claims for recalculation of the pension for the last six months before applying to the court were filed within the established term. The court noted that the refusal to recalculate the pension is an ongoing violation, and the term for applying to the court should be calculated separately for each monthly payment. In this case, the court referred to previous conclusions of the Supreme Court regarding the application of terms for applying to the court in social disputes, in particular, regarding monthly payments.
3. The Supreme Court partially satisfied the cassation appeal, overturned the decisions of previous instances regarding the return of the claim for recalculation of the pension for the last six months, and sent the case for a new trial to the court of first instance.
