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What did the Constitutional Tribunal challenge and who does the issue affect?
In a ruling with case number SK 140/20, judges determined that the application of Article 25(1b) of the Act on Pensions and Benefits from the Social Insurance Fund to individuals who initially transitioned to early retirement and subsequently – after a change in the law – applied for a standard pension, violates the principle of trust between citizens and the state. In practice, the mechanism introduced after 2012 resulted in previously paid benefits being deducted from the capital, permanently reducing monthly payments.
Two dates are key: June 6, 2012, when the rules for transitioning to a standard pension were changed, and January 1, 2013, when the “deduction” mechanism for paid amounts began to be applied. The most affected are women born between 1949 and 1959, and men born between 1949 and 1952 and in 1954. According to calculations by Dziennik Gazety Prawnej, this meant as much as 1,000 zł less per month in some cases.
Despite the ruling, the Social Insurance Institution (ZUS) often refuses recalculations, citing the lack of publication of the ruling in the Journal of Laws. Labor and social insurance courts are reacting differently – increasingly siding with seniors, directly citing the constitution and awarding both higher future benefits and back payments. The Ombudsman has also become involved in the matter.
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What can pensioners do?
To initiate the process, a request for a re-determination of pension amount must be submitted to ZUS. If refused, legal action remains an option. It is advisable to act quickly, as back payments generally cover only three years prior to the month the request is submitted.
Simultaneously, perform is underway on a government project (UD204) to systemically resolve the issue. Some benefits will be recalculated automatically, even as individuals still receiving early retirement benefits will need to submit an application – likely by the end of 2026. The new regulations, planned for mid-year, aim to balance the interests of seniors with the possibilities of the state budget.
