The Social Insurance Institution reminds women born in 1953 that they can submit an application for a review of their pension calculation by April 23. This applies to women who did not appeal to court from the decision of the Social Insurance Institution.
By a ruling of March 6, the Constitutional Tribunal questioned the provision under which pensions granted after reaching the statutory retirement age were reduced by the so-called early pensions received. The ruling means that women born in 1953 can submit an application for a review of their pension calculation, and thus recalculate the benefit without any reduction. The procedure and deadline depend on whether the pension grant was subject to appeal proceedings before a court or was finalized by a decision of the Social Insurance Institution.
Women born in 1953 who did not appeal to court from the decision of the Social Insurance Institution had a month after the Constitutional Tribunal ruling to submit a request for a review to the Social Insurance Institution. This deadline ends next week, exactly on April 23. On the other hand, women who appealed to court from the decision of the Social Insurance Institution have 3 months after the Constitutional Tribunal ruling to submit a request for a review of the court proceedings. The complaint should be filed in the same court where the judgment was made. In this case, the deadline for submitting the complaint is June 21.
At the same time, the Social Insurance Institution reminds that unfortunately it will not be able to recalculate the benefits for those women to whom it has been more than 5 years since the decision was delivered. The provisions of the Code of Administrative Procedure clearly indicate that, despite the ruling of the Constitutional Tribunal, a decision cannot be revoked after 5 years from the date of its delivery.
Beata Kopczyńska, regional spokesperson of the Social Insurance Institution in the Silesian Voivodeship.