The subject of the dispute is the refusal of the Pension Fund to grant an old-age pension on general grounds to a person who is already receiving a pension on preferential terms.
The court of cassation upheld the decisions of the courts of previous instances, which dismissed the claim, based on the fact that a person who is already receiving an old-age pension on preferential terms cannot be re-granted an old-age pension on general grounds using a different average wage indicator. The court noted that a pension on preferential terms is the same type of old-age pension, but is granted earlier, and re-granting a pension of the same type is not provided by law. The court also took into account that Article 13 of the Law of Ukraine “On Pension Provision” provides for preferential conditions for retirement, and not a separate type of pension provision. **** Importantly, the Supreme Court departed from previous conclusions regarding the possibility of transferring from a preferential pension to an old-age pension on general grounds.
The court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged.
