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II URN 3/94 AI generated

Supreme Court quashes pension award for former state official under new pension law due to procedural error.

Case Number II URN 3/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland quashed a lower court's decision denying a pension to Witold G., a former state official, based on a new pension law. The applicant argued the new law did not apply to him because he held a state position rather than a party leadership role. The court ruled that the lower court incorrectly applied Article 19a, which only affects those receiving pensions under specific party leadership articles, not those under the general state official provision.

Legislator headnote

AI generated

Art. 19a ust. 1 ustawy z dnia 24 maja 1990 r. o zmianie ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; The new pension law applies only to those receiving pensions under specific party leadership provisions, not to those receiving pensions under the general state official provision.

Keywords

AI generated
pension law amendment state official status party leadership roles procedural error social policy principle pension eligibility administrative review

Cited Legislation

AI generated
Art. 19a ust. 1 of the Act of May 24, 1990 on amending the Act on pension provision for employees and their families
Art. 64 of the Act of December 14, 1982 on pension provision for employees and their families
Art. 57 of the Act of December 14, 1982 on pension provision for employees and their families
Art. 421 § 2 of the Code of Civil Procedure
art. 421 § 2 k.p.c

Cited Case Law

AI generated
II UZP 18/91

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