Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation.
Main Arguments of the Court:
The court established that the provisions of Procedure No. 124 partially contradict the Pension Provision Law, as they limit the mechanism of pension indexation. In particular, setting the base indicator of average salary as of 01.10.2017 nullifies the very purpose of indexation – maintaining pensioners’ purchasing power.
The court emphasized that pension indexation should be carried out taking into account the average salary indicator that was directly considered when assigning a specific pension, rather than a fixed value from 2017.
Court Decision: Partially satisfy the claim, obliging the Pension Fund to conduct pension indexation from 29.12.2023 with coefficients 1.14, 1.197 and from 01.03.2024 – 1.0796, to perform recalculation and payment of the pension.
