Accumulated special work period before 1999 excludes recalculation under new 2004 rules upon retirement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision to recalculate the special work period for early retirement eligibility. The applicant had accumulated nearly 10 years of special work as a ship's doctor between 1984 and 1994, while the lower court incorrectly excluded periods of illness leave received after 1991. The court ruled that the 1999 statutory provision guaranteeing the right to early retirement based on pre-1999 conditions creates a vested expectation that cannot be overridden by subsequent 2004 regulations.
Legislator headnote
AI generatedArt. 184 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 32 ust. 1a pkt 1 tej ustawy: The period of work in special conditions accumulated before January 1, 1999, under the old law, excludes recalculation under new rules upon reaching retirement age, protecting the acquired expectation of the right to early retirement.