RETIREMENT AGE: JUSTIFIED DIFFERENTIATION OR DISCRIMINATION? COMMENTS ON THE EVOLUTION OF THE JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 537-547
Author(s):  
Jagoda Jaskulska

The article deals with the issue of the differentiation of the retirement age in the Polish pension system. As part of it, the reasons for the differentiation of the retirement age among women and men were analyzed, as well as the justification for its continued maintenance in the pension system. The considerations primarily take into account the evolution of the jurisprudence of the Constitutional Tribunal in this area and non-national regulations. Attention was also drawn to the doubts that may arise from the differentiation of the retirement age in the context of the inequalities observed against this background, and stressed the need for constant monitoring of the circumstances supporting the differentiation of the situation of women and men in this respect

2021 ◽  
pp. 1-27
Author(s):  
Markus Knell

Abstract This paper studies how the rates of deduction for early retirement have to be determined in pay-as-you-go (PAYG) systems in order to keep their budget stable. The derivation of these deductions requires the use of a multiperiod intertemporal budget constraint that involves assumptions about the retirement behavior of past, present, and future cohorts. In general, it is not possible to calculate budget-neutral deductions from the budget constraint of a single individual who retires before the target retirement age—an approach that dominates the related literature. Only for specific cases one can use this second approach but then one has to adjust the discount rate to the assumption about collective retirement. If there is only one deviating individual, then the right choice is the market interest rate while for a stationary retirement distribution it is the internal rate of return of the PAYG system. In this case, the necessary deductions are lower than under the standard approach. This is also true for retirement ages that fluctuate randomly around a stationary distribution. Various long-run developments (e.g., increases in life expectancy or permanent changes in the average retirement age) might cause challenges for the sustainability of the pension system. These developments, however, can only be dealt with by adequate adjustments to the basic pension formulas and not by the use of deduction rates.


Author(s):  
Lina Diakovych

Introduction. In order to further move towards the European Economic Area, Ukraine needs to take pension reform measures. Pension provision in Ukraine has to be profoundly reformed in terms of regulatory and legislative framework for calculating pensions in Ukraine. What is of particular importance is improving Ukraine’s laws and methods for calculation and pension payments to citizens. Another important focus of the reform agenda is to define categories of people eligible for old-age pensions, disability pensions, and long- service pensions. Purpose. The purpose of the article is to interpret the regulatory and legislative framework for calculating pensions in Ukraine; to describe changes in pension payments before and after the reform was implemented; to highlight ways of improving pension payments in terms of regulations and legislation. Methods. The research methods used in the article include: analysis; comparison; historical method to consider the legislative framework for calculating pensions at different periods of time. Results. The regulatory and legal framework for calculating pensions in Ukraine is a complex system comprising the Constitution of Ukraine, the Laws of Ukraine, the Labour Code of Ukraine, decrees, Presidential decrees, International agreements and laws of the USSR. Some of these regulations and legislation need to be revised and amended in order to bring them in line with contemporary practices and modern standards. It is claimed that since 2017, Ukraine’s government has been implementing the pension reform aimed at relieving the pressure on the working-age population and improving living standards for retired people. In particular, the retirement age has been raised, eligibility criteria for preferential pensions have been revised, and methods for calculating pensions have been changed. The Ministry of Social Policy of Ukraine argues that the new pension reform is expected to enhance social, labour and post-retirement relations, to increase tax revenues through reporting real salaries, to develop a framework of social justice when calculating pensions. The author points out that the regulatory and legislative framework for calculating pensions is outdated at this stage and it requires changes. The considered changes are as follows: the establishment of a working group for entitlement of preferential pensions; the introduction of wage differentials by industries and occupations; the increase of pensions in line with inflation and age; the implementation of notional defined contribution pension system; the introduction of the new Labour Code and Pension Code, which are expected to regulate labour and post-retirement relations and meet modern standards. It is also indicated that continued employment should be enforced by legislation and a system of granting advantages and social security benefits to those who retire later needs to be developed. In terms of legislation, sufficient regard should be given to non-state pension schemes, defined contribution pension systems, and the principle of fairness when it comes to pension entitlements. It is also crucial to adjust pension amounts and retirement age to align with the sustainability ratio and the average life expectancy. Discussion. Further research of regulatory and legal framework for calculating pensions in Ukraine should be focused on the development of the Pension Code and improvement of the existing laws relative to pension calculation and payment. The author also suggests differentiating minimum wages by industries and regions and countering the illicit labour market and campaigning against payments ‘in envelope’, because official wages are the basis for calculating pensions.


Upravlenie ◽  
2016 ◽  
Vol 4 (3) ◽  
pp. 80-87
Author(s):  
Соловьев ◽  
A. Solovev

The aim of the study is to analyze the effect of age on the appointment of the state pension fiscal system in our country. The problem of rising of the retirement age in Russia is given a value that is far away from the traditional context of direct influence of demographic processes on the level of pensions, on the one hand, and adaptation of the pension system to changing demographic factors, on the other. In the article the pension system for the first time is considered as a multifactorial model that corrects the degree of dependence on the mutually complex of macroeconomic and demographic factors in the different historical periods. This requires a fundamental change in the methodological approaches to the problem of rising the retirement age by using actuarial methods of forecasting. Actuarial analysis of the problem of retirement age in the work shows that the perception of the linear dependence of the age of the destination state of the demographic parameters cannot be considered as a tool for regulating the efficiency of the pension system. The results of the study are the specific parameters of actuarial assessments of the impact of demographic and macroeconomic conditions to increase the retirement age in Russia, conducted using data from the state statistics, formulated practical proposals to mitigate negative economic consequences. Conclusion: Rising the retirement age should be aimed at economic stimulation of formation of the pension rights of the insured in the long term, rather than the economy of the state budget. Methodological approaches, grounded in the work, and quantitative results of the actuarial calculations will be used in the formation of public pension policy in the preparation of the regulations to rise the retirement age, the pension formula of calculating the pension rights of insured persons, the mechanism of pension indexation.


2020 ◽  
Vol 42 (2) ◽  
pp. 146-171
Author(s):  
András Olivér Németh ◽  
Petra Németh ◽  
Péter Vékás

The sustainability of an unfunded pension system depends highly on demographic and labour market trends, i.e. how fertility, mortality, and employment rates change. In this paper we provide a brief summary of recent developments in these fields in Hungary and draw up a picture of the current situation. Then, we forecast the path of the economic old-age dependency ratio, i.e. the ratio of the elderly and employed populations. We make different alternative assumptions about fertility, mortality, and employment rates. According to our baseline scenario the dependency ratio is expected to rise from 40.6% to 77% by 2050. Such a sharp increase makes policy intervention inevitable. Based on our sensitivity analysis, the only viable remedy is increasing the retirement age.


2019 ◽  
Vol 19 (3) ◽  
pp. 293-308 ◽  
Author(s):  
Simon Rabaté ◽  
Julie Rochut

AbstractIncreasing the minimum retirement age is a widespread option chosen by policy makers to reduce spending in financially constrained public pension systems. Yet, the effectiveness of such a reform strongly depends on the ability of individuals to postpone their withdrawal from the labor force. In this paper, we study the immediate impact of the 2010 reform of the French pension system by carrying out a short-term evaluation on the increase of the statutory eligibility age from 60 to 61. We use a differences-in-differences methodology, comparing the trajectories from work to retirement for succeeding generations facing a different statutory age. Using a detailed social security administrative database, we provide a global assessment of the effects of the reform, accounting for the potential substitution effects from old-age insurance toward unemployment, sickness or disability insurance schemes. Our findings suggest that despite a sizable effect on the employment rate, the reform also strongly increased unemployment and disability rates.


2019 ◽  
Vol 4 (3) ◽  
pp. 375-399 ◽  
Author(s):  
Elena Maltseva

The article discusses the changes to the Russian pension system since 2013, focusing specifically on the most recent policy moves. It argues that, despite the apparent instability of the Russian pension system caused by numerous policy shifts that have occurred since 2015, one element has remained constant: since the early 1990s the transformation of the Russian pension system has been driven primarily by neoliberal economic advisers to the Russian government. Passage of the long-delayed decision to raise the retirement age, which provoked large-scale protests, can be understood in light of the current geopolitical and economic risks that complicate the future of Russian economy.


2010 ◽  
Vol 11 (1) ◽  
pp. 60-77 ◽  
Author(s):  
Friedrich Breyer ◽  
Stefan Hupfeld

Abstract A crucial parameter for increasing the retirement age is the early retirement discount of the public pension system. Critics of the present German system argue that the downward adjustment of the pension for early retirees is too small compared with a ‘fair’ system and thus encourages early retirement. We discuss several notions of ‘fairness’ of early-retirement provisions and propose a concept called ‘distributive neutrality’, which states that the ratio between total benefits and total contributions should not depend systematically on the individual’s ability. By applying this concept to the German retirement benefit formula and taking empirically estimated relationships between annual income (as a proxy for ability), life expectancy and retirement age into account, we show that at the present discount rate of 3.6% per year there is redistribution from low to high earners, which, surprisingly, could be attenuated by raising the discount rate.


2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Patrick Deboosere ◽  
Hadewijch Vandenheede

RésuméLa démographie a toujours influencé la pensée politique. La décision récente d’aug­menter l’âge à la pension dans beaucoup de pays développés est inspirée par l’évo­lution importante de la composition par âge de la population. Mais il y a en réalité peu d’arguments pour augmenter l’âge à la retraite si l’on tient compte de l’ensem­ble des données démographiques et économiques. Une interprétation souvent trop simpliste et même parfois erronée d’indicateurs démographiques contribue à cette démarche. L’utilisation systématique d’indicateurs démographiques dans la discussion sur la viabilité du système des pensions et de la sécurité sociale est selon nous souvent inspirée par la théorie de l’économie de l’offre. Un aspect crucial est le fait que la croissance de la productivité est ignorée ou minimisée. À cet égard, la discussion actuelle présente une profonde similitude avec l’approche Malthusienne de la population.AbstractDemography always influenced political thinking. The recent decision to increase the age of retirement in many high-income countries is driven by a dramatic chan­ge in the age composition of the population. We argue that there is in fact no need to increase the age of retirement and that many aspects of the current evolution both in demography and in economy are overlooked. Moreover, some demographic indicators such as life expectancy or the dependency ratio are often interpreted in a simplistic and erroneous way. The systematic use of demographic indicators to discuss the sustainability of the pension system and of the social security system is in our view often inspired by the supply-side way of economic thinking. A crucial aspect is that productivity increase is ignored or minimalized in the discussion. In this regard the discussion has many similarities with the Malthusian approach of the population question.


2020 ◽  
Vol 8 (12) ◽  
pp. 309-320
Author(s):  
Felix A. Dorstelmann ◽  

This paper examined the effects of raising the statutory retirement age at NUTS 2 levels, differentiated by gender in Hungary. The evaluation criterion was the ratio of working time to retirement time concerning adults average life expectancy. This criterion was used to examine whether and to what extent regional and gender disparities exist at NUTS 2 levels and whether these disparities should be considered in policy measures. The empirical results indicated differences between the genders and regions regarding the burden of raising the retirement age. Women spend more time in retirement than men in terms of average adult life expectancy. This finding illustrates the difference in life expectancy between the sexes in Hungary. Besides, regional disparities in participation in the pension system have been observed for both women and men. These disparities can cause unintended distributional effects when the retirement age is increased. In this context, it is recommended that further policy measures are taken to address gender and regional disparities.


Economics ◽  
2021 ◽  
Vol 104 (3-5) ◽  
pp. 7-16
Author(s):  
Nato Gegenava Nato Gegenava ◽  
Tamar Abuashvili Tamar Abuashvili

The concept of pension reform is a government’s plan to improve the pension system and reflects the long-term risks and takes into account the socio-economic reality in the country. The aim of the reform is to protect better existing retirees from poverty through indexation, which is guaranteed to maintain the retiree's purchasing power level; Providing the next generation of retirees with a higher pension income, which will be directly proportional to the income received during the employment period and the profit of the pension fund. The private pension system will allow employed citizens to plan better their retirement age and not depend only on state funding and be able to mobilize a certain amount before reaching retirement age. The need for reform stems from negative factors such as: an increase in the number of people of retirement age, a decrease in the birth rate, a decrease in the working age population, migration processes, etc. Analysis of the existing system show that it is impossible to maintain or improve the existing replacement ratio only in the medium and long term at the expense of state funding. The private accumulation model will be an additional component of the pension system, which will contribute to a significant increase in the replacement rate. The existence of a private accumulation system will make it possible to define better the fundamental principle of social pension, which implies protection of the population of retirement age from poverty. To achieve this goal, it is important that the social pension does not fall below the subsistence level and also that the pension should be increased at least in parallel with inflation or in the event of economic growth above inflation. Keywords: Pension system, Reform, Pension fund, Government, Population.


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