The Principles of Equality and Social Justice in Pension Law

Abstract

The paper regards the issue of influence of equality and social justice principles on pension law. The author states that equality in pension law is understood in a special way, what results from a natural – for social insurance law – differentiation of entitlements and obligations in regard to subjection to insurance, type of performed work or in regard to sex. This leads to deviation from the obligation of equal treatment of equal (similar) subjects in favour of differentiation of pension entitlements justified by i.e. the principle of solidarity. The issue of social justice, however, is related mostly to the determination of rules of participation in resources originating from a commonly established fund. In regard to the aforementioned, to ensure a just division of benefits, the principles of “according to work” and “according to needs” need to supplement each other in order to maintain both formulas of justice. Taking into consideration the social character of the pension system, the amount of benefits cannot be entirely dependent on the previously paid contribution (premium), as it should be corrected by a mechanism of moving resources within a given generation (e.g. from richer to poorer persons or from persons that live shorter to those that live longer).