The applicable from 1 May 2015. Amendment of pension legislation divided the beneficiaries residing prior to 1 January 1999. On parental leave into two groups. This outraged by themselves.
– We have better and worse retirees depending on the type of retirement charged. Those who applied for benefits paid under the old rules, are in a worse situation than those who are entitled to payment calculated on the basis of capital accumulated on the pension account in ZUS – explains Jolanta Kaiser of Augustow, which coordinates a nationwide campaign affected retirees.
ZUS confirms that right to calculate the fee for the period of parental leave treated as contribution periods (after 1.3 per cent. basis of assessment for each year) only concerns initial capital. This method of calculation introduced by the Act of 5 March 2015. amending the Act on pensions from the Social Insurance Fund (Journal of Laws of 2015. pos. 552).
– This conversion is not entitled to those already Toll providing or those to whom the amount yet to be determined under the old rules. Such persons are due for childcare periods is calculated as 0.7 per cent. the calculation basis for each year – explains Radoslaw Milczarski the press office of ZUS Headquarters.
According to experts legislation introducing such a division may be unconstitutional.
– It may be the case that two people born on the same day, having the same seniority insurance will be counted differently parental leave. If someone receives early retirement or retire from the old system , it will get less than the person who waited until 2009. And requested a new retire with an initial capital – remarks Andrew Strębski, an expert who presented before the Constitutional Court OPZZ on a proposal to raise the retirement age. The argument for the sole purpose of bringing the situation of these two groups can be pre-1991 rules. Until the entry into force of the Act of 17 October 1991. On revaluation of pensions, rules for determining pensions and amending certain acts (Journal of Laws of 1991 . No. 104, pos. 450) parental leave was treated as a contribution. It is possible that the provisions allocating to the rights acquired.
– For the persons concerned to lodge a constitutional complaint, but must exhaust available in Poland appellate mode. The first step on the way to court will have to apply to the Social Insurance parental request for conversion under the new rules. After refusing case must be taken to court, which under current legislation gives a judgment unfavorable to those interested – explains Carolina measure, a lawyer from Warsaw to her credit insurance case before the Constitutional Tribunal winnings.
constitutionalists not But they want to prejudge the win retirees.
– A lot depends on the content of the constitutional complaint – notes prof. Marek Chmaj, constitutionalist with Chmaj & Partners Law Firm.
In the opinion of the Krzysztof Pater, a former minister of social policy, member of the European Economic and Social Committee, TK should not accede to the request retirees.
– It can not be that each of the pension will select items convenient for themselves. Retirement Capital are lower than those calculated on the old basis. So the indicator to increase conversion period is a form of parental compensation to persons entitled to payments based upon the retirement capital – adds Krzysztof Pater.
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