Thousands of Polish pensions are underestimated, affecting those who took early retirement before 2012, with potential back payments available.
Who Has an Underestimated Pension After Early Retirement?
The problem affects individuals who chose early retirement before legal changes and received general pensions after 2012. For these cases, ZUS applied a mechanism of reducing the calculation base by previously paid benefits.
In practice, this mainly concerns those who took early retirement before January 1, 2013, and received a general pension after January 1, 2012. This is different from the well-known “June pensions” issue and has a different legal basis.
The new rules will apply not only to pensioners but also to family pensions of individuals whose benefits were underestimated. This significant extension increases the circle of potential beneficiaries.
Constitutional Court Ruling: Underestimated Pensions Violate the Constitution
In 2024, the Constitutional Court ruled that applying Article 25(1b) of the pension law to this group violates the principle of citizen trust in the state and protection of acquired rights. Seniors made decisions under different legal conditions and could not foresee the consequences.
According to calculations presented in court cases, potential back payments could be substantial: up to 1,200 zł monthly and several years of back payments, depending on individual circumstances and the length of the underpayment period.
Why ZUS is Not Recalculating Pensions Despite the TK Ruling
Despite the Constitutional Court’s ruling, ZUS continues to issue negative decisions, citing the lack of publication of the ruling in the Journal of Laws. This formal argument effectively blocks automatic recalculations. Ordinary courts are increasingly bypassing this impasse and ruling directly based on the constitution, granting seniors both higher benefits and back payments for several years. However, the court path remains long and demanding.
MRPiPS Bill Project: Pensions Up, But With a Built-in “Safeguard”
The bill prepared by the Ministry of Family, Labour and Social Policy on June 4, 2025, aims to solve the problem systematically but more cautiously than court rulings. A key provision that might be missed in first readings concerns the method of capital calculation.
The bill abolishes the deduction of previously received benefits, but at the same time does not allow adding indexation of capital and contributions for the period of receiving early retirement – until reaching retirement age. In practice, this means a smaller increase than would result from fully “unwinding” the mechanism challenged by the Constitutional Court.
Not Everyone Will Get a Recalculation Automatically. Deadline: December 31, 2026
The bill divides seniors into two groups: those who applied for early retirement before January 1, 2013, and received a general pension after January 1, 2012; and their family members who are entitled to family pensions. This is one of the most practical aspects of the project: no application means no recalculation.
ZUS will have six months to issue decisions regarding recalculations made automatically. This means that even if the new regulations come into force on June 1, 2026, some seniors will see decisions only at the end of the year.
The Law Closes the Path to Court. This is the Most Controversial Point of the Project
The bill provides that after the law comes into force, no other administrative or civil proceedings concerning the same problem outside the statutory procedure will be initiated. The government justifies this by stating it aims to “organize” the system and prevent duplication of claims.
For seniors, this means: those who wish to go to court under the existing rules should do so before the law comes into force. If a pension recalculation case is already underway, ZUS must suspend proceedings conducted under the new law and wait for a final verdict before deciding how to calculate the benefit.
What Should Seniors Do: Wait for the Law or Go to Court?
The bill solves the problem systematically but in a budget-saving version. Pensions will increase, but without historical back payments and with limited capital indexation. For some seniors, the court path may still be financially advantageous – as long as it is started in time.
Seniors considering legal action should assess whether the potential benefits from court rulings (including full back payments) outweigh what they might receive under the new legislation. Legal advice may be necessary to make an informed decision based on individual circumstances.