Projekt stanowiska Sejmu w sprawie o sygn. akt P 2/16
Sejm draft position on case ref. no. P 2/16 concerning the Act on pensions and allowances from the Fund of Social Insurances

Summary/Abstract: In the presented project of a position,the author indicates that listed provisions of the act on pensions and allowances fromthe Fund of Social Insurances are compliant with Article 32 para. 1 of Polish Constitutionconcerning situation of persons born before the 1st January 1949. The authornotes that the differentiating criterion is a presence in one of two separated by a dateof birth legal systems of social insurance. The legislator could differentiate legal situationof persons receiving benefits in the system of defined benefit and persons insured,whose pensions shall be paid in a system of defined contribution. In accordancewith argumentation “ad maiori ad minus”, if the Constitution allows for a creation ofa less favorable legal situation of some insured persons distinguished by their age, achange in favor of insured persons concerning rules of qualifying the time when theydid not work, but cared for their children should also be acceptable.

• Details
• Contents