1. The subject of the dispute is the lawfulness of the refusal of the Main Department of the Pension Fund of Ukraine to grant an old-age pension in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” to a person who already receives an old-age pension on preferential terms.<\/p>\n
2. The Supreme Court, in overturning the decision of the appellate court, proceeded from the fact that a person who has already been granted an old-age pension on preferential terms in accordance with the Law of Ukraine “On Pension Provision” cannot be re-granted an old-age pension on general grounds in accordance with the Law of Ukraine “On Compulsory State Pension Insurance.” The Court noted that preferential conditions for granting an old-age pension, provided for by the Law of Ukraine “On Pension Provision,” are not a separate type of pension provision, but only provide the right to reduce the retirement age. At the same time, a preferential old-age pension is granted and paid in accordance with the procedure and conditions defined by the Law of Ukraine “On Compulsory State Pension Insurance.” Therefore, a person who already receives such a pension is not entitled to switch to an old-age pension on general grounds in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” after reaching retirement age. The Court departed from previous conclusions of the Supreme Court in similar cases, noting that they are not based on the correct application of the law.<\/p>\n
3. The Court granted the cassation appeal of the Main Department of the Pension Fund of Ukraine, overturned the ruling of the appellate court, and upheld the decision of the court of first instance to dismiss the claim.<\/p>\n