Pomniejszenie podstawy wymiaru emerytury powszechnej kobiet urodzonych w latach 1949–1952, pobierających emeryturę wcześniejszą
Reduction of the pension assessment basis of women born in 1949–1952 receiving early retirement pension

Summary/Abstract: On 1 January 2013, the provision of Article 25 section 1b of the Pension Benefits from the Social Insurance Fund Act entered into force. This provision provides for the reduction of the amount of the pension awarded upon reaching the required retirement age by the sum of the amounts received by the insured person within the framework of early retirement pensions. This article presents the problem of applying the above regulations to women born in 1949–1952, who received early retirement pension and acquired the right to retirement pension at the universal retirement age before 1 January 2013, but submitted the application for establishing the eligibility to retirement pension after that date. The aim of the article is to analyse the existing jurisprudence of the Supreme Court and the Constitutional Tribunal on this issue. These regulations are also assessed for their compliance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It shows that the issue of applying the mechanism of reducing the basis for calculating the general retirement pension by the sum of the amounts received within the framework of early retirement pensions to women born in 1949–1952 by social security organ and then by Polish courts is decided, but this group of insured persons still has a chance to pursue their rights in the European Court of Human Rights in Strasbourg.

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