Constitutionality of Statutory Changes in the Functioning of Open Pension Funds

On 6th December 2013 Parliament passed an Act on amending other Acts with regard to determination of the rules pertaining to disbursement of pensions from the resources of open pension funds. This Act, which, its proponents intended, was to better protect the income of future pensioners after they cease to be professionally active, and to simultaneously make the Polish pension system more secure for the stability of public funds, has introduced fundamental changes in the functioning of open pension funds. The Polish Constitutional Tribunal faced a difficult task in assessing the Act’s compatibility with the Polish Constitution as it was anticipated that any judgment would be met with strong approval on one side and vehement opposition on the other. It is the opinion of the author of this article that the Tribunal went the correct path by declaring an overwhelming majority of the provisions of the Act at issue to be compatible with the Constitution.

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