No possibility of determining anew the amount of an old-age pension, based on the quarterly indexation formula for old-age pension insurance premiums and the initial capital, with respect to persons who applied for an old-age pension before 1 June 2021 P 7/22
Ref. No. P 7/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 15 November 2023
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Justyn Piskorski
Piotr Pszczółkowski – Judge Rapporteur
Bartłomiej Sochański
Wojciech Sych,
Recording Clerk – Michał Rylski,
having considered, at a hearing on 15 November 2023 – in the presence of the Public Prosecutor-General and the Polish Ombudsman [also referred to as the Polish Commissioner for Human Rights] – the question of law referred by the Circuit Court in Elbląg as to:
whether Article 25a(2)(2) and Article 25a(2a) of the Act of 17 December 1998 on Old-Age and Disability Pensions from the Social Insurance Fund (Journal of Laws of 2022, item 504) in conjunction with Article 17(1) and (2) of the Act of 24 June 2021 amending the Act on the Social Insurance System and certain other acts (Journal of Laws, item 1621) – insofar as the challenged provisions do not grant the right to calculate an old-age pension in the light of Article 25a(2)(2) and Article 25a(2a) of the aforementioned Act of 17 December 1998 to those persons who applied for an old-age pension before 1 June 2021 – are consistent with Article 2, Article 32, and Article 67(1) of the Constitution of the Republic of Poland.
adjudicates as follows:
Article 17 of the Act of 24 June 2021 amending the Act on the Social Insurance System and certain other acts (Journal of Laws, item 1621) in conjunction with Article 25a(2)(2) and Article 25a(2a) of the Act of 17 December 1998 on Old-Age and Disability Pensions from the Social Insurance Fund (Journal of Laws of 2023, item 1251, as amended) – insofar as it overlooks old-age pensions granted upon applications submitted before 1 June 2021 – is inconsistent with Article 32(1) in conjunction with Article 67(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski
Bartłomiej Sochański
Wojciech Sych