Social Security Court rules pension recalculation retroactive date starts from right creation, not 3 years prior to application.

The Supreme Social Security Court ruled that pension recalculation based on a new base rate applies from the month the right to increase arose, rather than three years prior to the application. The applicant argued for a retroactive calculation from the date of her 2003 pension request, while the Social Security Institution had calculated it using an older base rate. The court held that since the law does not restrict the calculation rules of the main pension provision to the supplementary component, the established legal interpretation must be applied uniformly to protect the insured against legislative interpretation risks.