Legislator Case Law & Legislation
III AUa 119/15 AI generated

Social Security Court dismisses appeal; mixed rules apply to first pension request after age 60.

Case Number III AUa 119/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the appellant's appeal against the Social Security Institution's decision to grant a pension based on mixed calculation rules. The appellant argued that the pension should be calculated solely under the old system because she met the conditions to acquire the right in 2008, despite filing her request after turning 60. The court ruled that filing the application for the first time after reaching the general retirement age necessitates the application of mixed calculation rules under Article 183 of the Social Security Pensions and Allowances Act.

Legislator headnote

AI generated

Art. 183 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 26 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; If a pension application is filed for the first time after reaching the general retirement age, mixed calculation rules apply regardless of when the right to the pension was acquired.

Keywords

AI generated
mixed calculation rules general retirement age first application filing Social Security Pensions Act pension entitlement mixed system rules age 60 threshold

Cited Legislation

AI generated
Art. 53 of the Social Security Pensions and Allowances Act
Art. 183 ust. 1 of the Social Security Pensions and Allowances Act
Art. 26 of the Social Security Pensions and Allowances Act
Art. 46 of the Social Security Pensions and Allowances Act
Art. 385 of the Code of Civil Procedure

Cited Case Law

AI generated

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