1. The subject of the dispute was the appeal against the inaction of the Pension Fund regarding the failure to index the pension using the appropriate coefficients for increasing the average salary, and the obligation to conduct such indexation.
2. The Supreme Court, in considering the case, emphasized that pension indexation should be carried out by increasing the average salary indicator, which was directly taken into account when calculating the pension, by the corresponding coefficients established in government resolutions. The Court noted that the provisions of Procedure No. 124 should be applied only to the extent that they do not contradict the Law of Ukraine “On Mandatory State Pension Insurance”. At the same time, the court emphasized that the right to pension indexation is not absolute and is limited by the term of application to the court. Considering the terms of the plaintiff’s application to the court, the protection of her rights is possible only within the six-month period prior to the application to the court. The Court emphasized that the application of paragraph 5 of Procedure No. 124 in the indexation of pensions, starting from 2020, is unlawful, since the norms of the law have priority.
3. The Supreme Court overturned the decisions of the previous instances and partially satisfied the claim, obliging the Pension Fund to index the plaintiff’s pension from October 9, 2023, taking into account the corresponding coefficients, and left the claims for the previous period unconsidered due to the expiry of the term for appealing to the court.
