1. The subject of the dispute is the appeal of the actions of the Pension Fund regarding the refusal to recalculate the old-age pension, taking into account a certain indicator of the average wage.
2. The Supreme Court, when considering the cassation appeal of the Pension Fund, focused on the issue of the plaintiff’s compliance with the time limits for appealing to the court. The court emphasized that a person must apply to the court within six months from the moment when they learned or should have learned about the violation of their rights. Since the pension is a monthly payment, a person has the opportunity to know about its amount and, accordingly, to apply in a timely manner for the protection of their rights. The court also noted that the passive behavior of a person does not indicate compliance with the term for appealing to the court. The court took into account that the plaintiff applied to the court with a significant omission of the established term and did not provide valid reasons for its renewal. The court also referred to its own practice, in particular the resolution of March 31, 2021 in case No. 240/12017/19, where previous conclusions regarding the application of the terms of appeal to the court in social disputes were deviated from.
3. The Supreme Court partially granted the cassation appeal of the Pension Fund, canceling the decisions of the courts of previous instances in the part of the claims for the period from June 20, 2022 to December 18, 2023 and dismissed the claim in this part, and left the decisions of the courts of previous instances unchanged in the other part.
