Supreme Court allows pensioner to use pre-1990 earnings from before the last 12 years if documents are provided.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned lower court decisions regarding a pensioner's base calculation, ruling in his favor. The applicant argued that since he had no continuous employment for three years within the last twelve years prior to his 1992 claim, he should use earnings from 1970-1972. The court held that the relevant regulation permits selecting any three consecutive calendar years earlier than the last twelve if the applicant provides proof of income, allowing him to choose the most favorable period. Consequently, the case was remitted to the pension authority for recalculation based on the 1970-1972 earnings.
Legislator headnote
AI generated§ 9 ust. 5 rozporządzenia Rady Ministrów z dnia 5 października 1990 r.; The court established that an employee may select any three consecutive calendar years preceding the last twelve years for pension calculation purposes, provided they submit documentation verifying the income earned during that specific period.