1. The subject of the dispute is the lawfulness of the actions of the Pension Fund regarding the termination of the payment of pension indexation to the plaintiff after the recalculation of the pension based on a court decision.
2. The court of cassation instance, overturning the decisions of the courts of previous instances, was guided by the fact that the Grand Chamber of the Supreme Court had already considered a similar dispute in model case No. 400/6254/24 and concluded that in the case of recalculation of the pension on the basis of a court decision taking into account the increased monetary allowance (due to the increase in the subsistence minimum), there are no grounds for pension indexation provided for by the Resolutions of the Cabinet of Ministers of Ukraine No. 118 and No. 168. The court also noted that the case under consideration meets the characteristics of a typical case defined in the decision of the Supreme Court following the consideration of model case No. 400/6254/24. Therefore, the actions of the defendant to reduce the amount of the pension in connection with the termination of the payment of pension indexation, carried out on the basis of Resolutions No. 118, No. 168 and No. 185, are lawful. The court took into account the legal conclusions of the Supreme Court, set out in the decision following the consideration of the model case, and applied them to this case.
3. The court granted the cassation appeal of the Pension Fund, overturned the decisions of the courts of previous instances and dismissed the claim.
