1. The subject of the dispute is the refusal of the Main Department of the Pension Fund of Ukraine in the Donetsk region to OSOBA_1 in granting an old-age pension in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” using the average wage (income) indicator in Ukraine for 2020-2022.
2. In this case, the Supreme Court upheld the decisions of the courts of previous instances, which refused the plaintiff’s claim for the granting of an old-age pension on general grounds after reaching retirement age, since the plaintiff was already receiving an old-age pension on preferential terms in accordance with Article 13 of the Law of Ukraine “On Pension Provision”. The Court noted that Article 13 of the Law of Ukraine “On Pension Provision” provides for preferential conditions for granting old-age pensions, and not a separate type of pension provision, and that a preferential old-age pension is granted and paid in accordance with the procedure and conditions defined by the Law of Ukraine “On Compulsory State Pension Insurance”. The Court also took into account that a person who is entitled to different types of pension is granted one of them at their choice, and that the transfer from one type of pension to another is regulated by Article 45 of the Law of Ukraine “On Compulsory State Pension Insurance”. The Supreme Court departed from previous conclusions regarding the right of persons receiving a pension on preferential terms to be granted an old-age pension on general grounds after reaching retirement age.
3. The Supreme Court dismissed the cassation appeal of OSOBA_1, and the decisions of the courts of previous instances remained unchanged.
