1. The subject of the dispute is the appeal against the inaction of the Pension Fund regarding the indexation of pensions with the application of coefficients for increasing the average salary in 2023 and 2024.
2. The Supreme Court did not agree with the decisions of the courts of previous instances, which refused to satisfy the claim, indicating that the indexation of pensions in 2023-2024 should be carried out by increasing the average salary indicator, which was directly taken into account for calculating the pension, using increase coefficients of 1.197 and 1.0796 in accordance with the resolutions of the Cabinet of Ministers of Ukraine. The court emphasized that the Cabinet of Ministers of Ukraine does not have the right to establish a basic calculation value for indexation, as this contradicts the Law of Ukraine “On Mandatory State Pension Insurance.” The court noted that the provisions of Procedure No. 124 are subject to application exclusively in the part that does not contradict the provisions of Law No. 1058-IV, and therefore, during such recalculation, the indicator of the average salary (income) in Ukraine from which insurance contributions were paid, which was directly taken into account for calculating such pension at the time of its assignment, should be used. At the same time, the court took into account the terms of appeal to the court and limited the period of payment of indexation to six months before the date of filing the claim.
3. The court of cassation instance overturned the decisions of the courts of previous instances and partially satisfied the claim, obliging the Pension Fund to conduct indexation of the plaintiff’s pension from March 3, 2024, using the corresponding coefficients and to recalculate and pay the pension.
