1. The subject of the dispute is the appeal against the actions of the Pension Fund regarding the refusal to conduct pension indexation using certain coefficients for increasing the average salary.
2. The court of cassation instance, overturning the decisions of the courts of previous instances, emphasized that pension indexation is an integral component of pension payments, aimed at maintaining the purchasing power of citizens in the face of rising prices. The Supreme Court emphasized that the Cabinet of Ministers of Ukraine, although it has the authority to determine the procedure for indexation, cannot establish a basic calculation value that negates the main purpose of indexation. The court noted that the average salary indicator that was directly taken into account when assigning the pension should be used when recalculating the pension. In this case, the Pension Fund unlawfully established monthly surcharges instead of applying increase coefficients to the plaintiff’s actual salary. The court emphasized 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. The court departed from its previous position regarding the application of the provisions of Procedure No. 124.
3. The Supreme Court overturned the decisions of the previous instances and ordered the Pension Fund to recalculate the plaintiff’s pension, taking into account the relevant coefficients for increasing the average salary, and to pay the recalculated pension from a specified date.
