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June 4 Constitutional Court (reference number SK 140/20) considered unconstitutional the provision which allowed the reduction of pensions from sums collected from previous pensions. The basis for this was an individual constitutional complaint filed by an injured pensioner.
Will injured pensioners receive compensation?
Where did you get this question? The logical consequence of this judgment Traditional knowledge yes:
1) Amendment of legal principles,
2) Injury pension compensation,
3) Increase the present value of pensions.
However, among the judges who ruled in their favor were so-called “ benches ,” meaning that the government will (likely) claim that the Constitutional Court did not render any judgment because it was not properly composed.
150,000 people will not see their pensions increase by PLN 1,191 (on average). They will not receive compensation of PLN 64,000 (on average)
The Dziennik Gazeta Prawnej is screening the case. From several of the magazine’s publications we learn:
- The issue concerns females born between 1949 and 1959 (excluding the 1953 age group) and males born between 1949 and 1952 and 1954 (excluding the 1953 age group) – the Constitutional Court had earlier ruled in favour of the 1953 age group.
- The pensions of 150,000 people who have already applied for ordinary pensions must be recalculated and compensation paid (PLN 9.5 billion!). However, the average monthly benefit increase for this group will amount to PLN 1,191, and the average compensation will be PLN 64,075. In turn, when it comes to paying new, rather than reduced, benefits, the nominal amount of the annual cost increase will amount to PLN 2.3 billion to 2.6 billion.
- There are still 53,000 people who have not yet applied for ordinary pensions and will be affected by the change. The average monthly increase is 4,493 zlotys.
Details of DGP: The Constitutional Court has ruled on pensioners. Will they get 64,000? Equalization?
Judgment on behalf of the Republic of Poland (reference number: SK 140/20)
WarsawJune 4, 2024 The Constitutional Court is composed of:
Kristina Pavlovich – President
Justin Piskowski – Reporter
Wojciech Seich
Michal Walcinski
Andrzej Zilonaki,
After the diagnosis pursuant to art. 92, point 1 of the Act of 30 November 2016 on the organization and procedure of proceedings before the Constitutional Court (Journal of Laws 2019, item 2393), at a closed session on 4 June 2024, the Constitutional Court shall examine the compliance of the constitutional complaint with:
Art. 25 Article 1b of the Act of December 17, 1998 on pensions and annuities of the Social Insurance Fund (Journal of Laws 2018, item 1270, as amended) “applies to persons who acquired the right before January 1, 2013 pension Based on Article. 32 of the Act, extracted from Article. 67, Section 1 relating to Art. 2 of the Constitution,
Olzerka:
Article 25.1b of the Act of December 17, 1998 on Pensions and Annuities of the Social Insurance Fund (2023 Law Journal, Item 1251) If it applies to persons who submitted an application for the benefits referred to in this article before June 6, 2012, it is inconsistent with Art. 67 Section 1 in relation to Art. 2 of the Constitution of the Republic of Poland.
Posting time:
The remaining proceedings are suspended.
The decision was taken by majority vote.
Kristina Pavlovich
Justin Piskorski
Wojciech Seich
Michal Walcinski
Andrzej Zilonacki
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