Supreme Court allows pension reduction due to pension agency's error in calculating military service years.
Legislator summary
AI generatedThe 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 generatedArt. 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.