1. The subject of the dispute is the challenge to the actions of the Pension Fund regarding the refusal to recalculate the pension, taking into account the indexation of the monetary allowance specified in the updated certificate.
2. The court of cassation instance, overturning the decisions of the courts of previous instances, emphasized that the indexation of monetary allowance has a special status as a payment aimed at compensating for the depreciation of income and is the object of income indexation in the form of a pension, and not the amount of the monetary allowance of a serving police officer. The court indicated that indexation is not a monthly additional type of monetary allowance, such as allowances, surcharges, or increases, and therefore is not subject to consideration when recalculating a pension based on part three of Article 63 of Law No. 2262-XII. The court also noted that the pension received by the plaintiff is subject to indexation, which must be accrued monthly. The court emphasized that the actions of the Pension Fund regarding the non-inclusion of indexation in the certificate of monetary allowance comply with the requirements of the law, since indexation is not a component of the monetary allowance for pension recalculation. The court noted that it deviates from previous conclusions regarding the need to consider indexation when recalculating a pension, as stated in the постанові [ruling/resolution] of the Supreme Court dated June 21, 2023, in case No. 480/11090/21.
3. The court of cassation instance overturned the decisions of the courts of previous instances and dismissed the claim.
