Legislator Case Law & Legislation
II URN 21/94 AI generated

Supreme Court allows pension recalculation for employed retirees, rejecting prior lower court dismissal based on employment status.

Case Number II URN 21/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned lower court decisions to allow a pension recipient who remained employed to recalculate their pension based on earnings from 1989-1991. The applicant argued that excluding her post-approval employment income violated the principle of equivalence between social security contributions and benefits. The court ruled that the statutory period for calculating the pension base must be measured from the application for payment, not the initial grant, thereby correcting the lower courts' error.

Legislator headnote

AI generated

Art. 7 ust. 1 ustawy o rewaloryzacji; Art. 79 ust. 2 ustawy o zaopatrzeniu emerytalnym: The period for calculating the pension base is measured backward from the year of the application for payment, not the application for granting the right, allowing recalculation for employed retirees.

Keywords

AI generated
pension recalculation employed retirees social security equivalence payment application date Supreme Court review constitutional principle social policy

Cited Legislation

AI generated
Art. 7 ust. 1 of the Act on Revaluation
Art. 79 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 421 § 2 of the Code of Civil Procedure
Art. 422 § 1 of the Code of Civil Procedure
art. 421 § 2 k.p.c
art. 422 § 1 k.p.c

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