Legislator Case Law & Legislation
II URN 20/94 AI generated

Supreme Court allows pension reduction due to pension agency's error in calculating military service years.

Case Number II URN 20/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed lower court rulings and remanded the case for a retrial regarding the applicant's family pension. The applicant argued that the pension agency incorrectly calculated her husband's military service, which determined the pension amount, while the agency claimed the service duration was a matter of common knowledge. The court ruled that the agency failed to verify the service records, constituting an error that justified recalculating the pension for three years prior to the application.

Legislator headnote

AI generated

Art. 52 ust. 1; Art. 62 ust. 1 pkt 2 of the Act on Pension Provision for Professional Soldiers; An error by a pension agency in determining military service years constitutes a ground for recalculating the pension for a period of three years preceding the application.

Keywords

AI generated
military service calculation family pension reduction pension agency error retroactive payment Supreme Court review statutory recalculation period procedural error

Cited Legislation

AI generated
Act of 16 December 1972 on pension provision for professional soldiers and their families
Act of 23 March 1983 amending the Act on pension provision for professional soldiers and their families
Civil Procedure Code of 1964
art. 3 § 2 k.p.c
art. 421 § 2 k.p.c

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