Subject of Dispute: A person challenges the Pension Fund’s decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: First, Article 13 of the Pension Provision Law provides not a separate type of pension, but preferential conditions for assigning an old-age pension. Second, a person who is already receiving an old-age pension on preferential terms is not entitled to re-assignment of the same type of pension with a new calculation. Third, the Supreme Court deviated from previous decisions and clearly determined that pensioners do not have such a right.
Court Decision: The Supreme Court left the cassation appeal unsatisfied, supporting previous court decisions on the refusal to assign a pension.
