A petition demanding equal pension recalculation rules for women over 65, particularly those not participating in Open Pension Funds (OFE), has been submitted to the Polish Sejm.
Unequal Treatment of Women Over 65
Current regulations differentiate the legal situation of women after reaching 65 years of age in a way the petition author deems harmful and unfair. The issue lies in the mechanism for recalculating benefits.
Arguments for Legal Change: Constitutional Violation?
The petitioner raises several arguments, including a potential violation of Article 32 of the Polish Constitution. The division between women “with OFE” and “without OFE” is considered a form of discrimination, as individuals with the same work experience and earnings should have the same rules for calculating their benefits.
The “Mathematical Injustice”
The petition also points to a so-called “mathematical injustice,” alleging the state misled citizens. At the time of the reform, individuals were not informed that not joining OFE would block future pension updates.
Did the State Mislead Citizens?
The author of the appeal highlights the lack of reliable information in the past. No one warned at the time of the reform’s introduction that not joining OFE would block the right to future pension updates. Given the drastic increase in the cost of living, medicine, and energy, denying retirees a deserved update impacts their basic existence.
Demand for System Repair
The petition calls for changes to the regulations so that every woman over 65 has a statutory right to recalculate her pension under the same rules currently applicable to OFE members. The “June pensions” case, where the Sejm previously corrected systemic errors harming selected pensioners, is cited as a precedent.
“The Pension System Must Be Fair to All Citizens”
The document concludes that the pension system must be fair to all citizens, not just a select group. The petition now awaits review by members of the Sejm Committee on Social Policy and Family.
How Much Do Women Who Were Not Members of OFE Lose?
According to the petition’s mechanism, recalculation at age 65 is beneficial because the divisor (number of months of remaining life) is significantly lower than at age 60.
Scenario 1: Minimum Pension (1935.28 zł)
Women with a minimum pension often have low capital, and their benefit is increased by the state to the statutory amount. However, if their capital allows for recalculation, it can be beneficial.
Scenario 2: Average Pension (4100.00 zł)
In the case of higher benefits, the difference in the divisor generates significantly larger amounts.