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Projekt stanowiska Sejmu w sprawie o sygn. akt SK 31/16

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Pawłowski S.

Zeszyty Prawnicze BAS

2017

issue 2(54)

283-306

Provisions of the Act on Pensions from the Social Insurance Fund are contested by a citizen in an the extent that they grant the right to working disability pension not earlier than from a month in which the application was submitted, conform to the Constitution. A contradiction with Article 67 para. 1 of the Constitution, is perceived by the complainant in the assumption that the date from which the claim for payment of social security benefits may be requested, is the date of submission of the application instead of the date of an invalidity and the resulting working disability. In the complainant’s case there was a large difference between the time when the terms of acquiring the right to a pension were fulfilled and the moment in which when the application for the benefit was submitted. The legislator, in the case of retirement benefits, including permanent disability pensions, assumed as a rule that the right to retirement and working disability benefits arises from the date of meeting the conditions required to acquire that right

Projekt stanowiska Sejmu w sprawie o sygn. akt P 2/16

100%

Pawłowski S.

Zeszyty Prawnicze BAS

2016

issue 4(52)

212-244

In the presented project of a position, the author indicates that listed provisions of the act on pensions and allowances from the Fund of Social Insurances are compliant with Article 32 para. 1 of Polish Constitution concerning situation of persons born before the 1st January 1949. The author notes that the differentiating criterion is a presence in one of two separated by a date of birth legal systems of social insurance. The legislator could differentiate legal situation of persons receiving benefits in the system of defined benefit and persons insured, whose pensions shall be paid in a system of defined contribution. In accordance with argumentation “ad maiori ad minus”, if the Constitution allows for a creation of a less favorable legal situation of some insured persons distinguished by their age, a change in favor of insured persons concerning rules of qualifying the time when they did not work, but cared for their children should also be acceptable.

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2 Zeszyty Prawnicze BAS

1 2017

1 2016

2 Pawłowski S.

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Projekt stanowiska Sejmu w sprawie o sygn. akt SK 31/16

Projekt stanowiska Sejmu w sprawie o sygn. akt P 2/16