1. The subject of the dispute is the appeal against the decision of the Pension Fund refusing to grant an old-age pension on general grounds to a person who is already receiving a pension on preferential terms.
2. The court justified its decision by the fact that an old-age pension on preferential terms and an old-age pension on general grounds are types of the same type of pension provision, and Article 13 of the Law of Ukraine “On Pension Provision” provides only preferential conditions for granting an old-age pension, and not a separate type of pension. Since the plaintiff is already receiving an old-age pension on preferential terms, repeated granting of an old-age pension on general grounds is not provided for by law. The court also noted that an application by a person receiving a preferential pension for granting a pension on general grounds is not a transfer from one type of pension to another. The court deviated from the previous conclusions of the Supreme Court in cases No. 336/7438/16-a, No. 334/917/17, No. 528/196/17 regarding the possibility of transferring from a preferential pension to an old-age pension on general grounds, stating that they are not based on the correct application of law.
3. The court dismissed the cassation appeal and upheld the decisions of the previous instances, confirming the legality of the refusal to grant an old-age pension on general grounds to a person who is already receiving a pension on preferential terms.
