Supreme Court allows war pension retroactive date to claim filing date, not administrative certificate issuance date.
Legislator summary
AI generatedThe Supreme Court of Poland granted extraordinary review to correct a war pension award date from the administrative certificate date to the claim filing date. The applicant argued that the law grants rights upon filing, while the lower courts incorrectly relied on a declaratory certificate from the Combatants Office. The court ruled that the administrative decision is merely declarative and does not create the right, establishing that benefits must be paid from the date the legal entitlement arose.
Legislator headnote
AI generatedUstawa z dnia 24 stycznia 1991 r. o kombatantach; Ustawa o zwrotach i świadczeniach pieniężnych; The date of acquiring rights under the Combatants Act is linked to the filing of the claim, not the issuance of the administrative certificate, which serves only a declaratory function.