1. The subject of the dispute is the appeal against the actions of the Main Department of the Pension Fund of Ukraine in the Odesa region regarding the refusal to index the plaintiff’s pension using certain coefficients for increasing the average wage for 2018-2020.
2. The court of cassation, disagreeing with the decisions of the courts of previous instances, noted that according to current legislation, in particular the Law of Ukraine “On Mandatory State Pension Insurance”, pension indexation should be carried out by increasing the indicator of the average wage (income) in Ukraine from which insurance contributions were paid, which was directly taken into account for calculating the pension, using the appropriate coefficients. The court emphasized that the Cabinet of Ministers of Ukraine does not have the authority to establish a basic calculation value to which the increase coefficient is applied, as this negates the main purpose of indexation and contradicts Law No. 1058-IV. 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. At the same time, the court took into account the deadlines for applying to the court established by the CAS and limited the period for which pension recalculation is possible to six months before the date of applying to the court.
3. The court of cassation overturned the decisions of the courts of previous instances and partially satisfied the claim, recognizing the actions of the Main Department of the Pension Fund of Ukraine in the Odesa region as illegal and obliging it to index the plaintiff’s pension from December 13, 2023, using the appropriate coefficients, and left the claims for the previous period unconsidered.
