Legislator Case Law & Legislation
II URN 17/94 AI generated

Supreme Court allows veteran's pension supplement claim, ruling lower court ignored revaluation law exceptions.

Case Number II URN 17/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision that denied a veteran a specific pension supplement. The lower court incorrectly relied solely on the 1975 work injury benefits law, which did not list the veteran's supplement, while ignoring the 1991 revaluation law. The Supreme Court held that the 1991 law explicitly carves out exceptions for veteran and secret teacher supplements, thereby mandating their inclusion in work injury pensions.

Legislator headnote

AI generated

Art. 21 ust. 4 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent; Art. 15 ustawy z dnia 24 stycznia 1991 r. o kombatantach: The revaluation law explicitly permits veteran supplements to be granted alongside standard work injury disability pensions, overriding the general exclusion clause.

Keywords

AI generated
veteran pension supplement work injury disability pension revaluation law exceptions statutory interpretation conflict pension benefits hierarchy

Cited Legislation

AI generated
Art. 15 of the Act of 24 January 1991 on veterans and certain persons who were victims of wartime repression and the post-war period
Art. 21 ust. 1 of the Act of 17 October 1991 on revaluation of pensions and allowances
Art. 21 ust. 4 of the Act of 17 October 1991 on revaluation of pensions and allowances
Art. 22 ust. 1 pkt 1 of the Act of 12 June 1975 on benefits in the event of work accidents and occupational diseases
Art. 99 of the Act of 14 December 1982 on pension provision for employees and their families

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