Supreme Court allows pension recalculation for employed retirees, rejecting prior lower court dismissal based on employment status.
Legislator summary
AI generatedThe 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 generatedArt. 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.