Women born in the years 1949 to 1952 did not have a chance to increase the size of pensions “after retirement” . ZUS firmly defends his position, that is the date of submission of the application for payment of benefits, not the day of completion of the common retirement age determines the right to support.
Download Free: PIT 2015
In accordance with the law
In the latest letter of March 4. (Ref. The act 992700/611/266/2016 – SEN – 6110 / KT), chairman of the Social Insurance Institution indicates that the ombudsman unreasonable demands a change of practice. The authority for implementing the interpretation of the Act of 11 May 2012. Amending the law on pensions from the Social Insurance Fund and other acts (Journal of Laws of 2012. Pos. 637) presented by the Ministry of Family, Labour and Social Policy.
According to it, all persons who receive any early retirement, and have not had time to apply for a general by the end of December 2012. They must have a reduced payment of benefits already received. It is of little significance that the general age completed before the change in regulations.
With this approach did not agree to the Szczecin District Court, which ruled in favor of the insured (judgment of 17 December 2015., Ref. Act VI U 2161/13). The basis of this position was the decision of the Constitutional Court of 3 November 2015 (ref. No. No. P 11/14), which discontinued the proceedings on the legal question the court of Szczecin. TK took the view that the court may issue a judgment based on the current rules which allow to calculate retirement “after retirement” under the provisions of 2012. This is because the interest has reached the standard retirement age. The lack of an application does not mean loss of acquired rights.
– In this case the situation is clear. The Constitutional Court answered the question the legal court in Szczecin, indicating that under current law, it is possible judgment. This means that in subsequent cases the courts should take into account the position of the court, ruling in favor of the insured – explains prof. Marek Chmaj, constitutional law at the University of Social Psychology.
Selective ruling
ZUS believes, however, that the judgment of the District Court in Szczecin was released in the unit. The Ombudsman responds that “should clearly distinguish the acquisition of pension rights in the abstract from the acquisition of pension rights in a specific amount in concreto”.
– This is another case that ZUS on a selective use of judgments. He cites only those that are beneficial, while stressing that confirms the current practice of the decision. In contrast, if the decision is unfavorable to the authority, it rains argument that it is a matter of the unit. And this applies not only to decisions of district courts, but also the resolutions of the Supreme Court – notes Marek Przysucha, a judge of the District Court in Czestochowa. – This shows that ZUS put themselves above the law – he said.
The authority, ignoring the courts, court and expert opinions, we still say that the only decision of the Social Insurance Institution confirms the existence of a right to a pension at the same time constitutes a subjective right to download it at a certain height. In such a situation they have done interested? Andrzej Radzisława, legal counsel with the law firm Lexconsulting.pl, there is no doubt that pensioners, which ZUS refused conversion, taking into account the provisions of the Constitutional Court of 3 November 2015 (ref. No. Act of P11 / 14), should appeal to the courts, citing on that justification.
– You may find that you will need to interpret those provisions in the enlarged composition of the Supreme Court – says “Dziennik Gazeta Prawna” Andrzej Radzisława. – Also, the Ministry of Family, Labour and Social Affairs may revise its current interpretation, because there is a new court rulings indicating that the date of acquisition of pension rights is the day of completion of the statutory retirement age, and not submitting the claim – he explains. As a last resort you will require the intervention of the legislator, who will have to clarify the rules. Otherwise, the matter of pensions “after retirement” sooner or later will go to the courts of the EU.
Bozena Wiktorowska
03/17/2016
No comments:
Post a Comment