Supreme Court allows disability pension granted retroactively when insurance conditions met after initial denial decision.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal and allowed the disability pension to be granted retroactively. The applicant argued that the ten-year insurance period should be calculated from the pension application date, while the Social Insurance Institution denied benefits based on insufficient prior coverage. The court ruled that while legal review generally applies to the facts at the time of the decision, a court may grant benefits if justifying conditions were fulfilled subsequently, provided the underlying facts remain certain.
Legislator-Regeste
KI-generiertArt. 316 § 1 KPC; Art. 32 ust. 2 ustawy o z.e.p.: A court may grant a pension retroactively if the conditions for its acquisition were fulfilled after the challenged decision was issued, provided the factual basis remains certain.