Best prices Special offers for members of the PWE book club The cheapest delivery
Dr hab. Monika Domańska
ORCID: 0000-0002-3790-2548

 

 

Professor at the Department of European Law at the Institute of Law Studies, Polish Academy of Sciences; Assistant-specialist at the Labour and Social Security Law Chamber of the Supreme Court of Poland; Author of numerous Analysis and Articles concerning judicial application of the Law by National Courts.

 
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