Legislator Case Law & Legislation
II UR 6/94 AI generated

Supreme Court allows disability pension recalculation under Polish law if applicant worked in Poland during the relevant period.

Case Number II UR 6/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision regarding a disability pension recalculation for a Polish national previously employed in Czechoslovakia. The applicant argued that the pension base should be calculated using Polish statutory provisions rather than Czechoslovak rules, citing his employment history in Poland. The court ruled that the applicant could request such a recalculation under the relevant international agreement, and since the lower court failed to determine if this alternative calculation would benefit the applicant, the case was remanded for further review.

Legislator headnote

AI generated

§ 10 ust. 3 of the Agreement of 21 October 1970; A pension recipient employed in Poland during the relevant period may request a recalculation of the disability pension base according to Polish law, and the social insurance institution must determine if such a recalculation is more favorable to the recipient.

Keywords

AI generated
disability pension recalculation Polish-Czechoslovak social security agreement employment history in Poland beneficial recalculation requirement social insurance institution obligation international treaty application pension base determination

Cited Legislation

AI generated
§ 10 ust. 3 of the Agreement of 21 October 1970 on the application of the social security agreement between the Polish People's Republic and the Czechoslovak Socialist Republic
Art. 388 § 1 of the Code of Civil Procedure
art. 388 § 1 k.p.c

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