Good day! I will gladly analyze this court decision for you.
1. The subject of the dispute is the refusal of the Main Department of the Pension Fund of Ukraine in the Khmelnytskyi region to index the pension of PERSON_1 using the coefficients established by the government to increase the average salary taken into account for calculating the pension.
2. The court of cassation instance, considering the case, noted that according to the law on pension insurance, the recalculation of pensions should be carried out by increasing the average salary indicator, which was directly taken into account when assigning the pension. Instead, the governmental procedure provides for indexation based on the average salary indicator as of October 1, 2017, which, according to the court, contradicts the law. The court emphasized that in the event of a conflict between a law and a by-law, the law prevails. Also, the court took into account the terms of appeal to the court, noting that the protection of the right to index a pension is not indefinite and is limited to a six-month period from the moment when the person became aware or should have become aware of the violation of their rights. Considering this, the court partially satisfied the claim, obliging to recalculate the pension, but only for a period not exceeding six months before the appeal to the court. The court also referred to its previous decision of April 15, 2025 in case No. 200/5836/24, where it already emphasized the need to increase the average salary indicator, which was taken into account when calculating the pension, when conducting the annual indexation.
3. The court overturned the decisions of the previous instance courts and issued a new decision, which partially satisfied the claims of PERSON_1, obliging the Main Department of the Pension Fund of Ukraine in the Khmelnytskyi region to recalculate and pay the pension, taking into account indexation, but limiting the payment period of the underpaid amounts to six months before the date of appeal to the court.
