Supreme Court allows foreign university study period as non-contributory pension period if diploma is officially recognized in Poland.
Legislator summary
AI generatedThe Supreme Court overturned lower court decisions that denied a pension recipient's claim to include her Moscow university studies as a non-contributory work period. The applicant argued that her diploma was officially recognized (nostrified) in Poland in 1968, while the Social Insurance Institution and lower courts required proof of repatriation to such studies. The court ruled that existing regulations on diploma recognition do not restrict this right to Polish citizens and that the lack of repatriation was irrelevant when the diploma was formally validated. Consequently, the study period was recognized as non-contributory, correcting the lower courts' error and ensuring the applicant received the correct pension amount.
Legislator headnote
AI generatedArt. 4 ust. 1 pkt 10 ustawy o rewaloryzacji emerytur i rent; Art. 422 § 1, 421 § 2 k.p.c.: A period of higher education abroad is recognized as a non-contributory work period for pension purposes if the obtained diploma is officially recognized (nostrified) in Poland, regardless of the applicant's citizenship or repatriation status.