Subject of Dispute: Challenging the Inaction of the Main Directorate of the Pension Fund of Ukraine Regarding Pension Indexation in 2022 and 2023.
Main Arguments of the Court: The court established that when recalculating pensions assigned in 2020-2023, it is necessary to increase the average wage indicator that was directly used to calculate the pension at its assignment, rather than the fixed indicator as of October 1, 2017. This is because Procedure No. 124 is not consistent with the second part of Article 42 of the Law of Ukraine “On Compulsory State Pension Insurance”, as it differently defines the indicator subject to increase.
Court Decision: The court partially granted the claim, recognizing the inaction of the Pension Fund as unlawful and obliging it to conduct pension indexation from September 13, 2023, using coefficients of 1.14 and 1.197, while leaving the claims for the period from March 1, 2022, to September 12, 2023, without consideration due to missed time limits for appealing to the court.
