“ZUS did not explain”: In the application for the benefit, the pensioner selected “the most advantageous variant“. This way ZUS chooses for seniors such a “variant” to it did not suffer any loss in the long run. However, lawyer Konrad Giedrojć explained at the end of December that his client, by choosing such an “option”, she temporarily had a higher pension, but in the long run she suffered a large loss. “ZUS he didn't explain it to her at all – he didn't inform her that it might be worth getting a slightly lower pension, but after reaching the age of 65 it would be very advantageous to recalculate it pursuant to Art. 26c,” we read in the Facebook post.
The verdict was passed: November 26, 2024. Supreme Court in its statement of reasons judgment he decided that “benefit” measured solely by the amount of the pension is not a sufficient statementthat the benefit was granted in the “most favorable option”. “It may turn out that the pension, the current amount of which is lower, will turn out to be higher in the long run (…). It can (reasonably) be assumed that from the point of view of the beneficiary, when the current difference is not great, indicating a 'more advantageous variant' means benefit which currently it is lower in amount, but after reaching the age of 65 it will increase“- we read.
What about pension conversion? According to the Supreme Court, an application for a benefit in the “most advantageous variant” is incomplete and requires completionand the beneficiary has the right to trust the activities of the body and recognize that it makes decisions in such a way that he did not suffer damage due to ignorance of the law. The senior citizen appealed against the decision of ZUS to re-establish the amount of the pension, a The Supreme Court overturned the contested judgmentabolished the proceedings before the Court of Appeal in Rzeszów and referred the case ago court to reconsideration and the rulings of costs cassation proceedings.
Read also: “A month's difference and you can get a pension that is up to PLN 600 higher. How to do it?“.