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