1. The subject of the dispute was the appeal against the refusal of the Main Department of the Pension Fund of Ukraine in the Zakarpattia region to conduct indexation of the plaintiff’s pension using certain coefficients for increasing the average salary.
2. The court of cassation instance, partially satisfying the cassation appeal, proceeded from the fact that when recalculating pensions assigned in 2020-2023, the indicator of the average salary from which insurance contributions were paid is subject to increase. The court emphasized that Procedure No. 124 applies only to the extent that it does not contradict Law No. 1058-IV, and the application of the provisions of paragraph 5 of Procedure No. 124 in the indexation of pensions, starting from 2020, is illegal. The court noted that it does not deviate from the legal conclusion regarding the application of the rule of law in similar legal relations, as stated in the decision of the Supreme Court of January 13, 2025, in case No. 160/28752/23 and other decisions. At the same time, the court took into account the terms of appeal to the administrative court established by Article 122 of the CAS of Ukraine, and limited the period of payment of pension indexation to the plaintiff, since the plaintiff filed a lawsuit on June 18, 2024, his rights can be protected by the court from December 18, 2023. The court also took into account that indexation was not actually accrued to the plaintiff, therefore there are no grounds for applying the rule regarding the non-restriction by any term of the amount of pension unpaid to the pensioner.
3. The Supreme Court overturned the decision of the appellate court and issued a new decision, which partially satisfied the claims, recognizing the actions of the Main Department of the Pension Fund of Ukraine in the Zakarpattia region as illegal and obliging them to conduct indexation of the plaintiff’s pension from December 18, 2023.
