Gender discrimination in retirement

Abstract

The article aims to discuss the issues related to the nature of entitlements to retirement benefits in connection with the regulations relating to the retirement age and to consider existing and future changes in the regulations considering gender discrimination resulting from the different retirement ages of women and men. In particular, the existing regulations regarding the retirement age in Poland and Europe are presented. Based on Polish law, the history of changes and the dynamics of reforms related to the retirement age in national law are shown. The introduced pension reforms confirmed different retirement ages, which were eventually restored to age sixty for women and age sixty-five for men. The issues of the reasons for the changes and the state of the Polish pension system, including the existence of the so-called pension gap are mentioned. A comparison of applicable regulations and principles relating to the rights of people was made. An analysis of European Union law and a review of both national and European case law has also become an essential need in consideration regarding pension gender discrimination. The article also quotes data on the retirement age in selected European countries, based on which conclusions were drawn. The analysis of legal provisions, proposed changes, case law, and legal theory became the basis for final considerations that attempt to answer the question of whether gender discrimination in pensions a common phenomenon is and whether this phenomenon occurs under the applicable legal status.