Legislator Case Law & Legislation
II UZP 12/94 AI generated

Supreme Court rules revaluation rules apply to new periods only, not the whole pension, preventing retroactive reduction.

Case Number II UZP 12/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the calculation of pension revaluation when new contribution periods are added after the initial award. The applicant argued that adding post-award periods should increase the entire pension, while the Social Security Office applied rules that recalculated the whole amount, potentially lowering it. The Court rejected the Office's interpretation as unjust and contrary to the principle of acquired rights, ruling that revaluation rules apply only to the new periods, not the total pension.

Legislator headnote

AI generated

Art. 33 ust. 2 of the Act on Revaluation of Pensions and Annuities; The rules for determining pension amounts apply only to contribution periods added after the award, not to the entire pension, to prevent unjust reduction of benefits.

Keywords

AI generated
pension revaluation acquired rights contribution periods social security law retroactive reduction equivalence principle Supreme Court ruling

Cited Legislation

AI generated
art. 33 ust. 2 of the Act on Revaluation of Pensions and Annuities
art. 27 ust. 4 of the Act on Revaluation of Pensions and Annuities
art. 28 ust. 3 of the Act on Revaluation of Pensions and Annuities
art. 10-16 of the Act on Revaluation of Pensions and Annuities
art. 2 of the Act on Revaluation of Pensions and Annuities
art. 391 k.p.c

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