A decrease in the amount of the police disability pension of a former functionary whose service was for the totalitarian state P 10/20
Ref. No. P 10/20
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 16 June 2021
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Leon Kieres
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski
Bartłomiej Sochański – Judge Rapporteur
Jakub Stelina
Wojciech Sych
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki,
Recording Clerk – Krzysztof Zalecki,
having considered, at a hearing on 16 June 2021 – in the presence of the Public Prosecutor-General – the question of law referred by the Circuit Court in Kraków as to:
whether Article 22a(1) and (2) as well as Article (13)(1)(1c) in conjunction with Article 13b of the Act of 18 February 1994 on Old-Age Pensions of Functionaries of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counter-Intelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service and the Penitentiary Service as well as Their Families (Journal of Laws of 2016 item 708, as amended) – as amended by Article 1 of the Act of 16 December 2016 amending the Act on Old-Age Pensions of Functionaries of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counter-Intelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service and the Penitentiary Service as well as Their Families (Journal of Laws – Dz. U. Item 2270) in conjunction with Article 2 of the aforementioned Amending Act – are consistent with Article 2, Article 30, Article 32(1) and (2), Article 67(1) in conjunction with Article 31(3) of the Constitution,
adjudicates as follows:
Article 22a(2) of the Act of 18 February 1994 on Old-Age Pensions of Functionaries of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counter-Intelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service and the Penitentiary Service as well as Their Families (Journal of Laws – Dz. U. of 2020, item 723) is consistent with Article 2 as well as with Article 67(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Zbigniew Jędrzejewski
Leon Kieres (votum separatum)
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski (dissenting opinion)
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki