Supreme Court allows pension recalculation based on earnings from the period between pension right establishment and application filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower court decision that limited pension calculation to the 12 years preceding the pension application. The applicant argued for inclusion of earnings from 1990-1992, which occurred after his pension right was established but before he formally applied for payment. The court ruled that the law's extension of the calculation period to 13 years and the principle of social insurance link between contributions and benefits justify considering this interim employment period. Consequently, the court ordered the pension agency to recalculate the pension based on the applicant's earnings from the extended eligible period.
Legislator headnote
AI generatedArt. 7 ust. 1 pkt 2 ustawy o rewaloryzacji emerytur i rent; Art. 7 ust. 2 ustawy o rewaloryzacji emerytur i rent: The period for calculating pension base may extend to the last 13 years prior to application if the beneficiary remained employed after pension right establishment, ensuring equal treatment and alignment with social insurance contribution principles.