1. The subject of the dispute is the plaintiff’s right to recalculate the pension with an increase of 1% of earnings for each year of work exceeding 20 years, in accordance with the provisions of the second part of Article 56 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster” as amended until October 1, 2017, without applying the second part of Article 27 of the Law of Ukraine “On Compulsory State Pension Insurance.”
2. The Supreme Court, satisfying the cassation appeal, proceeded from the fact that the state guaranteed participants in the liquidation of the consequences of the accident at the Chernobyl Nuclear Power Plant special pension conditions as compensation for lost health. Persons who have acquired the right to a pension taking into account the special Law No. 796-XII have the right to preserve these conditions even in the event of a change in regulatory and legal regulation. For persons who, at the time of the pension assignment, were to have their pension calculated in accordance with paragraph 2 of Article 56 of Law No. 796-XII, this norm should be applied in the version in force at the time of the pension assignment, since the extension of new rules for the payment of allowances for extra years of service narrows the scope of existing rights, which is unacceptable. Since the old-age pension was assigned to the plaintiff before the amendments to paragraph 2 of Article 56 of Law No. 796-XII, these changes do not deprive him of the right to a full pension with an additional payment for extra years of service. The Court departed from previous conclusions regarding the application of paragraph 2 of Article 56 of Law No. 796-XII in the wording of the amendments introduced by Law No. 2148-VIII.
3. The Supreme Court overturned the decision of the appellate court and upheld the decision of the court of first instance, satisfying the plaintiff’s cassation appeal.
