Karolina Rzepecka’s commentary on pensioners’ protection measures for Prawo.pl

The Constitutional Tribunal’s ruling regarding individuals who retired before reaching the retirement age has been rendered invalid due to an improper court composition. As a result, pensioners cannot effectively assert their rights guaranteed by this ruling. What protective measures does the law provide in such a situation?

Karolina Rzepecka, a Lawyer in the Labor Law Department at Sadkowski and Partners, indicates in an article for Prawo.pl that a possible solution is to file a request for a change in the decision determining the amount of the pension, citing the legitimate interest of the party.

According to our expert:

Pensioners who submit such a request to the Social Insurance Institution (ZUS) must be prepared for the likelihood that the pension authority will refuse to recalculate the pension and issue a new decision. In that case, it will be necessary to go to court, which will approach the matter comprehensively and will not hesitate to interpret the applicable legal provisions, our expert emphasizes.

Will pensioners find an effective solution in court? You can read more about this in the article on Prawo.pl.

We encourage you to read the entire article!

Full article >> link