Polish retiree sues state over reduced pension, seeks 100,000 PLN

A 76‑year‑old Polish retiree, Krzysztof, who took early retirement in 2011, filed a lawsuit against the State Treasury demanding about 100,000 zł in damages. He argues that when he applied for a standard pension in 2017, the Social Insurance Institution (ZUS) reduced the pension base by roughly 215,000 zł – the amount he had previously received – resulting in a significantly lower monthly benefit. Although courts ruled in his favour and ordered a recalculation of the pension, the adjustment was applied only from October 2024, leaving earlier years under‑paid.

The retiree’s lawyer, Dr Andrzej Hańderek, claims the state is liable because a Constitutional Tribunal ruling of 4 June 2024, which invalidated the rules that allowed such reductions, has not been published, and the relevant legislation has not been enacted. The Prime Minister’s office, representing Donald Tusk, responded by questioning the legitimacy of the claim, accusing the retiree of procedural abuse, and stating that the lack of publication of the Tribunal decision was lawful. The government urges claimants to seek recalculation through ZUS rather than suing the state. The case is seen as potentially precedent‑setting for thousands of seniors in similar situations.