Supreme Court allows wife's half pension claim after finding social policy violation in denial.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower court decision that had denied a farmer's wife half of her husband's disability pension. The court found the initial denial erroneous because the wife had worked in the farm for over 30 years, contradicting the requirement of five years of work or cohabitation. Consequently, the court restored her right to the pension and ordered full payment from 1991, citing the need to uphold social policy guarantees for rural families.
Legislator headnote
AI generatedArt. 9 ust. 3 ustawy z dnia 27 października 1977 r. o zaopatrzeniu emerytalnym oraz innych świadczeniach dla rolników i ich rodzin; Art. 10 ust. 5 tej ustawy: The spouse of a farmer who transferred the farm to the state is entitled to a pension even if they worked less than five years prior to the transfer, provided granting it is not socially unjustified.