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Dr Tomasz Lasocki
ORCID: 0000-0003-1485-486X

Dr Tomasz Lasocki, Assistant Professor at the Faculty of Administration and Social Sciences at the Warsaw University of Technology. Former Assistant Professor at the Faculty of Law and Administration at the University of Warsaw; former Member of the Supreme Court's Office of Studies and Analysis; co-author of the 2016 Pension Review White Paper: Safety through Diversity; former member of the Committee on Interpretation, Positions and Explanations of the Social Insurance Institution.

 
DOI: 10.33226/0032-6186.2025.3.5
JEL: K55

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.

Keywords: pension calculation; women's pension; subaccount; pension insurance
DOI: 10.33226/0032-6186.2025.2.5
JEL: J81

The study addresses the issue of the existence of a recalculation of women's pension upon reaching the age of 65. This paper characterises in detail the mechanism of recalculation and its impact on the benefit. The factors influencing the enormous scale of the benefit of recalculation in many situations are described in detail. It also identifies an exceptional situation where the recalculation will disadvantage the beneficiary and could lead to the disregard of pension contributions made by the beneficiary to the scheme after retirement. The latter situation was identified as constitutionally impermissible. This section concludes that the mechanism contradicts the fundamental values on which the system is based, being the most significant incentive to retire quickly. In the conclusions, demands are made to reduce the randomness inherent in the current pension formula. The next article will consider the rationale for the application of the described mechanism, which will lead to an allegation of discrimination against some insured persons by omitting them from the recalculation of the pension.

Keywords: pension calculation; women's pension; subaccount; pension insurance
DOI: 10.33226/0032-6186.2024.10.2
JEL: H55

The jurisprudence and doctrine have adopted the view that one of the prerequisites for acquiring the right to rehabilitation benefit is the requirement of the existence of uninterrupted (continued) inability to work. The authors try to present arguments that should lead to a departure from the previous interpretation in favor of the statement that an interruption in inability to work, occurring after the exhaustion of sickness benefits, does not constitute an obstacle to the granting of rehabilitation benefit. To this end, they conduct a consideration of the content of the risk protected by this benefit, as well as the linguistic and logical and purposeful interpretation of Article 18(1) of the Benefit Law, to encourage both practitioners (judges and attorneys) and representatives of science to reconsider the essence of the rehabilitation benefit.

Keywords: rehabilitation benefit; temporary inability to work; further inability to work; sickness insurance; insurance risk
DOI: 10.33226/0032-6186.2022.6.5
JEL: K39

In the paper I analyse the reasons for and effects of the removal effective April 20, 2022 of the termination of the employment relationship as a condition for acquiring the right to a bridge pension and its replacement with the construction of suspension of the right to an old-age pension, known from the general pension. The deliberations lead to a conclusion about a lack of sufficient reflection on the change, which has accidentally deprived some of the interested parties an entitlement to compensation, and in relation to the bridge pension has not led to any significant improvement in the situation of the interested parties. Next, I indicate solutions that could be applied and formulate requirements that should be taken into account by the legislator in the future whenadopting legal constructions.

Keywords: bridging pension; pension; legislation; compensation
DOI: 10.33226/0032-6186.2021.12.5
JEL: K39

The first article presents the current draft bills on seniority pensions and assesses their solutions in terms of the types of proposed benefits and the acquisition premises in terms of consistency with the pension system. In this article, the impact of the earlier use of the benefit on its value will be analysed. Following that, the point in time when the benefits of postponing retirement will outweigh the financial benefits of the seniority pension will be determined and applied to the future life forecast. At a later stage, the impact of factors removing the effects of early retirement pension determination in the defined contribution formula, i.e. the minimum retirement pension and the possibility of multiple retirement, will be explored. The final thread will discuss the solutions proposed thus far for combining the seniority pension and work. Following the summary, an alternative to the seniority pension will be presented, with the goal of protecting people who have been exhausted by years of work. The reasoning will be carried out using a dogmatic analysis of law as well as an economic analysis of law.

Keywords: pension; seniority pension; early retirement; pension privileges
DOI: 10.33226/0032-6186.2021.11.4
JEL: K39

The subject of the considerations presented in this article will be the so far formulated proposals for seniority pensions, which will be assessed in terms of consistency with the reformed pension system and the values upon which it was founded. Using dogmatic and economic methods, the analysis will cover individual proposals from submitted draft bills as well as alternative solutions. The first of two articles describes the issues involved in obtaining a new entitlement. The most appropriate construction of the seniority pension was identified, and as demonstrated, creating the seniority condition based on the existing catalogues of contributory and non-contributory periods will be extremely difficult. The second section will focus on the economic and legal aspects of seniority pensions, including the calculation formula, as well as an alternative to the seniority pension structure. This study is the first to provide a broad overview of the legal issues of early retirement in the context of the Polish defined contribution system. The presented reasoning aims to verify and organise the arguments concerning seniority pensions, with the author's intention of contributing to the improvement of public discourse on this subject as well as the betterment of future draft bills.

Keywords: pension; seniority pension; early retirement; pension privileges