1. The subject of the dispute is the appeal against the refusal of the Main Department of the Pension Fund of Ukraine in the Chernihiv Region to grant and pay 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 2021-2023.
2. The Supreme Court overturned the decisions of the previous instances, which granted the claim, based on the fact that a person who has already been granted an old-age pension on preferential terms in accordance with the Law of Ukraine “On Pension Provision” is not entitled to a repeated grant of an old-age pension on general grounds in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” using new average wage indicators. The Court noted that a pension on preferential terms is the same type of old-age pension, but it is granted earlier, and the repeated grant of the same type of pension is not provided by law. The Court took into account that Article 13 of the Law of Ukraine “On Pension Provision” provides for preferential conditions for granting an old-age pension, and not a separate type of pension provision. The Court departed from the previous conclusions of the Supreme Court, set out in the resolutions of February 13, 2019 in case No. 334/917/17, of September 11, 2019 in case No. 363/1493/17 and of March 25, 2020 in case No. 367/1130/17, of October 23, 2020 in case No. 528/196/17, of June 17, 2021 in case No. 336/7438/16-a, regarding the right to grant an old-age pension on general grounds after receiving a preferential pension.
3. The Supreme Court overturned the decisions of the previous instances and dismissed the claim to oblige the granting of an old-age pension on general grounds.
