Differentiation of the right to a pre-retirement allowance – depending on whether contributory periods were continuous or interrupted SK 109/20
Ref. No. SK 109/20
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 13 December 2023
The Constitutional Tribunal, composed of:
Zbigniew Jędrzejewski – Presiding Judge
Michał Warciński
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 13 December 2023 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Mr K.K.’s constitutional complaint lodged with the Constitutional Tribunal to examine the conformity of:
§ 31 of the Regulation of 11 October 2011 issued by the Minister of Labour and Social Policy with regard to the procedure for granting disability and old-age pensions (Journal of Laws – Dz. U. No. 237, item 1412) – “insofar as the said provision entails differentiating the right to a pre-retirement allowance, depending on whether contributory periods were continuous or interrupted” – to Article 32(1) and (2) of the Constitution of the Republic of Poland,
adjudicates as follows:
I
§ 31 of the Regulation of 11 October 2011 issued by the Minister of Labour and Social Policy with regard to the procedure for granting disability and old-age pensions (Journal of Laws – Dz. U. Nr 237, item 1412) – is inconsistent with Article 67(1), second sentence, of the Constitution of the Republic of Poland.
II
The provision indicated in part I will cease to have effect after the lapse of 12 (twelve) months from the date of the publication of this judgment in the Journal of Laws of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Zbigniew Jędrzejewski
Michał Warciński
Andrzej Zielonacki