Recalculating an Early Retirement Pension After the Constitutional Tribunal Ruling. How to Recover Money from ZUS?

Breakthrough on early retirement pensions! Courts are ordering ZUS to recalculate benefits

Although the Constitutional Tribunal’s ruling of 4 June 2024 (case no. SK 140/20) is still awaiting publication in the Journal of Laws, courts across Poland are already issuing rulings in retirees’ favour. The Tribunal’s judgment struck down a provision that reduced the standard retirement pension for people who had earlier been receiving a so-called early retirement pension. This opens the way to recovering money that is rightfully owed.

Who is affected by the reduced-pension problem?

The problem affects thousands of people harmed by the unfair Article 25(1b) of the Act on Pensions and Other Benefits from the Social Insurance Fund. This provision affected retirees who:

• Applied for an early retirement pension before 6 June 2012,
• Started receiving it before 1 January 2013.

Under the flawed law, once these people reached the standard retirement age, ZUS reduced the amount of their new benefit by the total sum already paid out under the early retirement pension. The Constitutional Tribunal found this to be a breach of the principle of citizens’ trust in the state.

No published ruling, yet courts are acting anyway – what does this mean for you?

Formally, Constitutional Tribunal rulings take effect once published in the Journal of Laws. In this case, however, the general courts are not waiting. When hearing appeals against ZUS decisions, judges are increasingly:

• Finding that ZUS had no grounds to reduce the pensions.
• Ruling that Article 25(1b) is inconsistent with the Constitution.
• Ordering ZUS to recalculate the benefit without reducing it by amounts already paid.

Courts are relying on a pro-constitutional interpretation of the law, standing up for retirees’ vested rights.

Law City: A win in Katowice proves it works

At Law City, we have been fighting from the outset for the rights of retirees affected by this problem. Our determination is delivering real results, as shown by the landmark judgment of the Regional Court in Katowice in case no. XI U 1128/25, handled by our firm.

The court fully upheld our client’s arguments and ordered ZUS to:

• Recalculate the pension — this time without applying the unfair reduction mechanism.
• Pay a backdated top-up covering 3 years, since the refusal to recalculate the benefit was unlawful.

This judgment confirms that, with professional legal support, it is possible to successfully fight for your rights even against an institution as large as ZUS.

Recover the pension you are owed – get in touch with us!

If you were receiving an early retirement pension under the old rules and your benefit is now being reduced, don’t wait! Despite the formal obstacles, the courts are on your side.

At Law City, we know how to pursue your rights effectively. Contact us for a free review of your situation. We will help you file an appeal and fight for the full amount of your pension, plus the backdated top-up. We fight boldly, and always on your side.