The article is devoted to the issue of re-determining the amount of the so-called June pensions acquired by the insured in 2009–2019. The need to recalculate them was drawn by the Constitutional Tribunal, which in its judgment of November 15, 2023 (P 7/22) found the unconstitutionality of the provisions providing for such a possibility only for retirees receiving retirement benefits at a later date. The Constitutional Tribunal's judgment, classified as a scope judgment about legislative omission, was perceived by a significant number of bodies applying pension regulations (including common courts) as only a postulative decision, addressed primarily to the legislator. The article presents a different approach to this type of Constitutional Tribunal judgments, expressed both in the jurisprudence of the Constitutional Tribunal, the Supreme Court and the Supreme Administrative Court, as well as in legal doctrine. The legal norm was also reconstructed, taking into account the constitutional standards discussed by the Constitutional Tribunal, and the correct – in the author's opinion – method of conduct of the bodies applying the law was indicated.