Underpaid benefits are the problem of thousands of pensioners. All by way of a provision that allowed the Social Insurance Institution to deduct the amounts of pensions previously paid erstwhile establishing the universal pension. However, in June 2024, the Constitutional Court found this practice to be unconstitutional, which makes it much simpler. This makes it easier for seniors to get a favorable judicial sentence.
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Too low a pension versus the law. Seniors win thanks to a TK sentence
The problem concerns people born between 1949 and 1959 (women) and 1949 and 1954 (men) who retired early. Under the Law of 1 January 2013, the universal pension of specified applicants was deducted by pre-paid benefits. As a result, after reaching the universal age, erstwhile they wanted to quit to the standard pension, the Social safety Office calculated the underpaid benefits for them. On the another hand, the Constitutional Court's judgement states that specified practice violates the constitutional rule of trust in law. The settlement is beneficial for all seniors who have switched to early retirement before 2013. This allows them to request a recalculation and, if necessary, trust on the judgement of the Constitutional Tribunal in court. So did the elder from the Silesian Voivodeship.
ZUS miscalculated his retirement? Courts side with seniors
According to "Gazeta Wyborcza", a female born in 1954 in July 2009 retired early. The benefit was collected until the universal retirement age. She applied to ZUS for a standard pension in February 2025. At that time a smaller amount was calculated than the amount that had so far entered her account. So the female decided to stay on early retirement. After announcing the favourable judgement of the Constitutional Court of 2024, she referred the case to the territory court in Bielsko-Biala. The breakthrough occurred in March 2025. The court amended the contested decision of ZUS and ordered the recalculation of the pension without deductions resulting from the 2013 Act. ZUS appealed against the judgement of the court, but the Court of Appeal in Katowice retained it. The same female was granted a benefit increase of PLN 281.13 and a compensation of PLN 24.5 thousand. On the occasion of a duplicate akin case, Dr. Łukasz Wacław from the Kraków AGH pointed out that "there may be respective tens of thousands of specified victims".
... the judgement shows that we do not always gotta accept the decision of the Social safety Office. Now everyone should check to see if they are in a akin situation and besides request justice
- explained in an interview with the portal Wyborcza.biz.
See also: The CSO published the latest data. This professional group earns on average over PLN 15,000
Sources: electoral.biz, infor.pl
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