Supreme Court allows pension recalculation based on partial employment during the three-year reference period.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a three-year period for pension recalculation can be used when the claimant was only partially employed during that time. The claimant had suspended his pension to work, but the Social Insurance Institution refused recalculation, arguing he did not meet the required continuous service period. The court ruled that the statutory language allows considering the entire three-year period regardless of intermittent employment or pension receipt.
Legislator headnote
AI generatedArt. 7 ust. 1 pkt 1 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent; Art. 79 ust. 2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin: The three-year reference period for pension recalculation may be considered even if the claimant was only partially employed or received a pension during that time.