Subject of the dispute – appointment of a civil servant’s pension under the Law “On Civil Service” to a person who previously received a disability pension.
The court drew attention to a fundamentally important legal position: a person who previously received a disability pension under the Law “On Civil Service” and was subsequently transferred to a pension under the Law “On Mandatory State Pension Insurance” has the right to re-appointment of a pension under the Law “On Civil Service”. The courts of previous instances did not provide a proper legal assessment of the case circumstances, in particular the plaintiff’s civil service length and documents confirming their right to a pension.
The Supreme Court revoked the decisions of previous instances and referred the case for a new review to thoroughly examine all circumstances and evidence.
