Legislator Case Law & Legislation
II URN 36/94 AI generated

Supreme Court allows rural pension claim by recognizing past social insurance periods as acquired rights.

Case Number II URN 36/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland revoked the lower court's dismissal of Anna M.'s rural pension claim and remanded the case for further fact-finding. The lower court incorrectly denied the pension because the applicant was not actively insured in rural insurance at the time of filing or the new law's enactment. The Court ruled that periods of mandatory social insurance, regardless of the specific legal basis, constitute acquired rights that cannot be erased, thereby establishing eligibility based on past contributions. Consequently, the case was sent back to the district court to verify the specific duration of her prior agricultural work and social insurance payments.

Legislator headnote

AI generated

Art. 19 ust. 1 ustawy o ubezpieczeniu społecznym rolników; Art. 422 § 2 k.p.c.: Mandatory social insurance periods constitute acquired rights regardless of the specific legal basis, meaning eligibility for benefits depends on having ever been subject to such obligation, not merely on current status.

Keywords

AI generated
acquired rights social insurance periods rural pension mandatory contributions legal interpretation acquired status remand for evidence

Cited Legislation

AI generated
Art. 19 ust. 1 of the Act on Social Insurance of Farmers
Art. 20 ust. 1 pkt 2 of the Act on Social Insurance of Farmers
Art. 422 § 2 of the Code of Civil Procedure
art. 422 § 2 k.p.c

Cited Case Law

AI generated
II URN 47/93

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