Legislator Case Law & Legislation
II UK 304/09 AI generated

Supreme Court allows teacher's pension claim by counting parliamentary leave as special employment tenure.

Case Number II UK 304/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned the appellate court's dismissal of a teacher's pension claim, ruling that parliamentary leave counts as special employment tenure. The Social Insurance Institution had rejected the claim because the applicant's leave during her parliamentary mandate was not recognized as teaching work, citing that her previous employment was at non-educational institutions. The court held that the statutory provision equating parliamentary remuneration to employment allows this period to be counted as special teaching tenure if the prior job qualified as such.

Legislator headnote

AI generated

Art. 28 ust. 1 ustawy z dnia 9 maja 1996 r. o wykonywaniu mandatu posła i senatora; Art. 88 ust. 1 Karty Nauczyciela: The period of receiving parliamentary remuneration is treated as employment and may be counted as special employment tenure for teachers if the preceding employment was in a specific profession.

Keywords

AI generated
teacher pension entitlement parliamentary leave status special employment tenure Social Insurance Institution Karta Nauczyciela employment tenure calculation marginal employment rights

Cited Legislation

AI generated
Art. 28 ust. 1 ustawy z dnia 9 maja 1996 r. o wykonywaniu mandatu posła i senatora
Art. 88 ust. 1 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
Art. 39813 § 2 k.p.c.
Art. 39816 k.p.c.
art. 39813 § 2 k.p.c
art. 39816 k.p.c

Cited Case Law

AI generated

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