The project for recalculating the pension for some Poles is ready. The regulation prepared by the Ministry of Family, Labor and Social Policy is related to the rulings of the Constitutional Tribunal.
A draft act on determining the amount was published on the website of the Government Legislation Center pensions from the Social Insurance Fund for some people who by June 6, 2012, they submitted an application for a pension On the principles of persons born before January 1, 1949.
It is about people whose pensions, granted after completing the universal retirement age, have been reduced by the so -called so -called Earlier pensions. The new regulations are to cover approx. 67 thousand people.
The solutions contained in the project are related to, among others Association with the jurisprudence of the Constitutional Tribunal.
What the Constitutional Tribunal ruled
In 2019, the Constitutional Tribunal ruled that the introduction of the mechanism of deducting the amounts of benefits collected in relation to women from 1953 occurred in a violation of the constitutional principle of trust in the state and their law. The judgment was a consequence of a constitutional complaint, which covered only this year.
According to the Constitutional Tribunal, this provision would not raise any doubt if he had been announced before the group of women making decisions to retire early. At that time, they could not predict that the retirement before reaching the universal retirement age would be associated with the reduction of the accumulated capital by the benefits collected.
On the canvas of this judgment in 2020, an amendment entered into force, which enabled re -calculation of a pension to women and men born in 1953.
In turn, in June 2024 Constitutional Tribunal He ruled that generally a provision that allows you to reduce the retirement benefit when a person used the transition to early retirement is unconstitutional.
On what terms would pensions be converted
The MRPiPS project is therefore aimed at enabling men born in 1949-1952 and in 1954 and for women born in 1954-1959who submitted an early retirement application before June 6, 2012, re -determining the amount of the pension without the mechanism of reducing it by the sum of the amounts collected earlier pensions.
It was proposed to re -establish the amount of the pension at the time of submitting an application for a universal pension, but without taking into account annual valorisation initial capital and contributions on the insured's account during the period of receiving an earlier retirement pension until the universal retirement age and without decreasing the retirement capital by the amounts of earlier pensions collected. Then the new amount of universal pension determined will be increased by annual valorisations, carried out in March for pensions.
In addition, the proposed solution will also apply to people who still receive earlier pensions and have not applied for a universal pension.
According to the draft, the Act will enter into force on June 1, 2026.
Source of the main photo: Andrzej Rostek/Shutterstock