Subject of the dispute is the Pension Fund’s refusal to grant an old-age pension on general grounds to a person who is already receiving a preferential pension. The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential conditions (reduction of retirement age) for granting a regular old-age pension. Therefore, a person who is already receiving such a preferential pension is not entitled to a repeated assignment of an old-age pension on general grounds with the application of a new average salary indicator. In this case, the Supreme Court directly deviated from its previous legal positions, which allowed such a possibility. The court denied the claim and upheld the decisions of the previous instances.
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