This article is the second part of a study on the issue of the recalculation of the pension on reaching the age of 65. The first part characterises the mechanism of this operation and its impact on the amount of the benefit received so far. The second part of the study contains reflections on the premises for the application of the recalculation. First of all, the problem of omission of a part of women, to whom the pension recalculation should be addressed, is analysed. The reflections concern both the interpretation of the regulations in force as well as the axiological justification of the analysed regulations. The analysis leads to the conclusion that there has probably been a violation of the constitutional provisions consisting in the arbitrary omission of a part of women when recalculating the pension. The entire study is concluded by outlining possible scenarios for further development of the analysed issue - from legislative passivity to exclusion from the system of an institution which, in the authors' opinion, should not be introduced into it.