ZUS abused the trust of approximately 150,000 people. retirees. This is what the Constitutional Tribunal assessed

The Constitutional Tribunal found the provisions allowing for the reduction of benefits in the case of early retirement to be unconstitutional. The verdict was issued in an individual case, but approximately 150,000 people are in a similar situation. retirees. The case is described by Dziennik Gazeta Prawna.

ZUS suspended pension payments

The basis for the dispute with the Social Insurance Institution was the situation of a man born in the early 1950s who took early retirement and later acquired the right to a pension. ZUS granted him the right to a general pension and determined its amount, taking into account the reduction of the basis for calculating the pension benefit by the sum of pensions received in the amount before calculating the income tax advance.

The general pension calculated in this way was lower than the pension paid so far, so ZUS suspended its payment. The pensioner felt cheated by this interpretation of the regulations and appealed against the decision. He lost in two subsequent instances (in the district court and in the appellate court), but the case was still brought to the Constitutional Tribunal.

The Constitutional Tribunal found that the principle of citizens' trust in the state had been violated. “ The contested regulation undoubtedly led to a situation in which the complainant was surprised by the reduction of his benefit. He could not have foreseen the consequences,” said the Constitutional Tribunal.

The verdict is final.

Who will benefit from the judgment of the Constitutional Tribunal?

The judgment will be important for all people in the same situation: women born in 1949-59 and men born in 1949-54, who first took early retirement, and after 2012 acquired the right to a pension.

Every month they receive transfers from ZUS reduced in proportion to the amount they received when using their early retirement pension.

The Social Insurance Institution has already estimated the costs of the unfavorable judgment. Compensation for the injured will amount to approximately PLN 9.5 billion (this amounts to over PLN 64,000 per person). In addition, retirees will be able to apply for equalization of benefits, which may cost another PLN 2.6 billion per year.

ZUS lost against the widow in the Supreme Court

A few days ago, we described another case in which ZUS lost against a pensioner. The institution questioned the widow's right to the benefit guaranteed by her husband. He did not change his mind after unfavorable judgments of two courts. The Supreme Court's participation in the case was necessary.

“The guaranteed payment was introduced precisely because the death of a retiree within three years of acquiring the right to a general pension results in the fact that the funds accumulated by him during his entire professional activity are not used. Therefore, the legislator has provided for this special form of return of funds from the so-called capital part of the pension contribution accumulated on the sub-account and unused due to the death of the insured person,” the Supreme Court ruled.

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