Supreme Court allows disability pension claim by recognizing child care periods as non-contributory work credits under social insurance law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland revoked a lower court's dismissal of a disability pension claim due to a failure to consider periods of child care as non-contributory work credits. The applicant argued that time spent caring for a child under four years old should count toward the five-year employment requirement, but the lower court incorrectly treated these periods as mere interruptions in employment rather than statutory non-contributory periods. The court ruled that the specific social insurance statute explicitly defines such care periods as non-contributory credits that must be evaluated to determine if the employment condition is met, thereby overturning the previous decision and remanding the case for a fresh assessment.
Legislator headnote
AI generatedArt. 4 ust. 1 pkt 6 lit. a; Art. 4 ust. 2 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent: Periods of non-performance of work due to child care constitute non-contributory periods that must be considered when determining eligibility and the amount of benefits, up to one-third of contributory periods, regardless of whether they were preceded by work.