Bigger pension – how can you get it?

There are many opportunities in our retirement system to make a bigger pension a reality. You just need to meet certain conditions. See what to do and whether you are entitled to retroactive compensation. We explain everything below.

Pension Recalculation After the Constitutional Tribunal’s Judgment of 4 June 2024

In 2012, a controversial regulation (Art. 25.1b) was introduced into the Act of 17 December 1998, on Pensions from the Social Insurance Fund. It reduced the pension basis by amounts previously received as early retirement benefits. The issue was that this rule was also applied to people who had retired early before it came into effect.

The Constitutional Tribunal’s judgment of 4 June 2024 (case no. SK 140/20) deemed this provision unconstitutional in cases where:

• The application for early retirement was submitted before 6 June 2012, and
• The transition to a standard pension occurred after 1 January 2013.

Although it has not been published yet, courts are already issuing favourable decisions based on the judgment. This affects women born between 1949–1959 (excluding 1953) and men born in 1949–1952 and 1954. Recalculation can result in an increase of up to 1 200 PLN monthly. You can also receive compensation for the last three years.

To use this possibility, you should:

• Submit an application to the Polish Social Insurance Institution – ZUS – based on Art. 114 of the Act on Pensions and Disability Pensions from the Social Insurance Fund (17 December 1998).
• In case of a negative decision – appeal to the court.
• File an appeal to a higher court if this will be necessary.

Why It Is a Good Idea to Act Now?
Each new court decision strengthens the chance for a favourable recalculation. Yet, timing is crucial.

Closure Of the Option to Recalculate Potential Pension Compensation

A planned special act (expected to take effect in June 2026) could block recalculations. This applies both to recalculations for the period before it enters into force and from the date of the Constitutional Tribunal’s ruling until the date it comes into effect. The Act is expected to allow only future increases, following the effective date of the special act.

A Favourable Case Law of Common Courts

Following the Constitutional Tribunal’s ruling, many retirees decided to pursue their rights independently. Despite no formal publication or government action, courts recognise that:

• The absence of publication does not prevent submitting a recalculation request under Art. 114 of the Act on Pensions and Disability Pensions from the Social Insurance Fund
• The Tribunal’s judgment can be used as a legal basis for recalculation.
• Requests to reopen proceedings under the Code of Administrative Procedure are being rejected. The publication of the Constitutional Tribunal’s ruling is a formal requirement for reopening in this procedure. Art. 114 of the Act of 17 December 1998 on Pensions and Disability Pensions from the Social Insurance Fund does not impose such a requirement.

What is the conclusion? Don’t wait – acting now can bring real financial benefits.

Initial Capital – The Foundation of Your Retirement Pension

The initial capital is a reconstructed amount of pension contributions paid before 1 January 1999. It’s crucial for those who worked before this date. It determines the amount of future pension benefits.

ZUS calculates initial capital for:

Initial capital may be determined automatically when applying for a pension. You can also request it if you meet the criteria but haven’t yet reached retirement age.

Common errors in calculating the capital include omitting contributory periods or using the minimum wage as the basis for calculation. In such cases, it is advisable to:

• Submit a request to ZUS for recalculation.
• In case of a negative decision – file an appeal with the court.

To prove incorrect calculations by ZUS, it is advisable to collect:

• employment certificates,
• insurance ID card,
• employment contracts,
• work references,
• HR documents (e.g. on appointment or nomination),
• archival documents,
• witness statements (especially if documentation has been destroyed).

Correct calculation of initial capital can lead to:

• Higher pension in future, and
• Compensation if ZUS previously made errors.

Women Without OFE in and the Missing Subaccount Problem – How to Claim Your Rights

In 1999, a pension reform in Poland allowed people born after 1948 to choose between joining the OFE (Open Pension Fund) or staying only with ZUS. Many women (especially born between 1949–1968) didn’t join OFE. Therefore, they don’t have a subaccount in ZUS, which was introduced later. This results in no right to a better pension recalculation after age 65.

The regulations were changed in 2014. Only individuals with a subaccount can benefit from this preference. Women who did not join the OFE could not have foreseen that this decision would negatively impact their future benefits.

This raises serious constitutional concerns. A decision made in 1999 in accordance with the law at that time now results in financial loss. The Constitutional Tribunal may consider in the future that the current rules violate women’s rights.

If you are affected by these circumstances, you can:

• Submit a request to ZUS for recalculation.
• In case of refusal – appeal to the court and request a legal question be referred to the Constitutional Tribunal.
• After losing the case– file a constitutional complaint.

The process can be long and requires specialised knowledge and patience. However, in the case of a precedent-setting ruling, it can bring significant benefits.

Bigger Pension – Summary

A bigger pension is not a privilege — it is often the result of taking the right actions at the right time. Recalculating benefits after the Constitutional Tribunal’s ruling, correctly determining the initial capital, exercising the right to compensation, or addressing the issue of a missing subaccount — each of these paths can significantly improve your financial situation. Don’t wait — the sooner you act, the better your chances of a favourable outcome. Contact our firm for legal support.

What can we do for you?

• We will analyse your case to determine if you qualify for a pension recalculation following the Constitutional Tribunal’s ruling.
• We will submit a pension recalculation request to ZUS on your behalf.
• If ZUS issues a negative decision, we will file an appeal with the common court for you.
• We will represent you in court.
• If necessary, we will file an appeal or represent you in court in case ZUS appeals the verdict

FAQ – About Obtaining Bigger Pensions