Supreme Court dismissed cassation regarding widow's mining family pension rights after remarriage under specific social security laws.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by a widow against the Social Insurance Institution's refusal of a mining family pension. The court found that the applicant failed to establish a right to the specific mining pension under the relevant 1983 Act because she remarried before the new law took effect, leaving her with only a suspended work accident pension. Consequently, the lower courts correctly applied the law, and the cassation was rejected without costs.
Legislator-Regeste
KI-generiertArt. 181 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 24 ustawy z dnia 1 lutego 1983 r. o zaopatrzeniu emerytalnym górników i ich rodzin: The right to a mining family pension for a widow is established only by a social security authority decision based on the 1983 Act if she did not acquire such a right under that Act prior to the new law's entry into force, as the 1998 Act does not preserve rights based on the 1968 work accident law.