Social security benefits recalculated after unconstitutional budget law provision declared void by Constitutional Tribunal.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a pension reduction caused by a subsequent declaration of unconstitutionality. The applicant argued that her previously acquired right to a higher pension indicator could not be retroactively reduced. The court held that while the right was not acquired in the past, the social security agency is empowered to re-evaluate the benefit entitlement and issue a new decision on the merits when a governing law is voided.
Legislator headnote
AI generatedArt. 31 ust. 3 ustawy o Trybunale Konstytucyjnym; Art. 180 § 1 KPA: When a legal provision used to determine social benefits is declared unconstitutional and loses effect, the social security organ may re-evaluate the right to the benefit and issue a new decision on the merits.