ZUS loses. PLN 29,606.12 to be paid

Author: BM • Source: Rynek Zdrowia • Published: June 22, 2025 1:31 p.m. • Updated: June 22, 2025 1:31 p.m.

Pensioners are fighting for full compensation for underestimated benefits following the Constitutional Tribunal's ruling of 4 June 2024. ZUS, despite final rulings, does not always compensate for the entire loss incurred, which forces further proceedings, including those against the State Treasury.

The compensation of PLN 29,606.12 does not fully cover the damage incurred. Photo: Shutterstock/Grand Warszawski

The final judgment of the Court of Appeal in Gdańsk of June 4, 2025 concerns the recalculation of teachers' pensions
The Court of Appeal found that the lack of publication of the Constitutional Tribunal's judgment of 4 June 2024 does not constitute an obstacle to a pro-constitutional interpretation of Article 25 section 1b of the Pension Act
The awarded compensation of PLN 29,606.12 does not fully cover the damage incurred due to the reduced pension, which amounts to PLN 53,313.56 for the period from 2017 to June 2025.

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The breakthrough in pension recalculation is becoming a fact, and a wave of court judgments has reached the second instance courts, which looks unfavorable for ZUS - according to the publication Infor.pl. All this is happening as a result of the judgment of the Constitutional Tribunal of June 4, 2024. Pensioners are winning serially in district courts, and now also in courts of appeal. This heralds a series of final judgments favorable to beneficiaries.

One of the first final judgments concerns a retired teacher born in 1956. After retiring as a teacher (in September 2006), she received a general pension in October 2017. However, due to the application of the unconstitutional Article 25, Section 1b of the Pension Act, the payment of the pension was suspended, as the general benefit turned out to be lower. In October 2024, the retiree filed an application with ZUS to recalculate the pension without taking into account this provision, citing the aforementioned judgment of the Constitutional Tribunal. After ZUS rejected the case, the case went to the District Court in Bydgoszcz, which on January 28, 2025, agreed with the woman.

ZUS filed an appeal, but the Court of Appeal in Gdańsk dismissed it on June 4, 2025, thus making the judgment of the District Court final and binding. The Court of Appeal correctly pointed out that the lack of publication of the judgment of the Constitutional Tribunal of June 4, 2024 does not prevent the courts from interpreting Article 25, Section 1b of the Pension Act in a pro-constitutional manner.

As a result of this ruling, the pension should increase by PLN 768.38. In addition, compensation for three years back from the month of submitting the application was awarded, in the amount of PLN 29,606.12. As noted in Infor, this amount does not fully compensate for the damage resulting from the underestimation of the pension, which for the period from the granting of the benefit in 2017 to June 2025 amounts to PLN 53,313.56. There are dozens of similar cases pending in the courts, concerning the recalculation of pensions reduced in breach of the Constitution of the Republic of Poland for the benefits of early pensions. In the event of the lack of full compensation for the damage, further action is being considered in a civil action against the State Treasury.