Legislator Case Law & Legislation
II URN 50/94 AI generated

Supreme Court remands disability pension case to lower court for re-evaluation of onset date and employment duration requirements.

Case Number II URN 50/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland remanded the case to the lower court for a new factual determination regarding the onset date of the disability. The applicant argued that his disability existed since age 25, which would reduce the required employment period from five to four years under the Social Security Act. The court found that the lower court failed to properly assess medical evidence and misapplied the age-dependent employment duration rules.

Legislator headnote

AI generated

Art. 33 ust. 1, Art. 33 ust. 2 of the Act on Pension Provision for Employees and Their Families; the duration of employment required for a disability pension varies based on the age at which the disability arose, and courts must rigorously verify the onset date using medical documentation to ensure social security guarantees.

Keywords

AI generated
disability pension entitlement onset date determination employment duration requirements age-dependent criteria social security guarantees medical evidence assessment remand for retrial

Cited Legislation

AI generated
Art. 33 ust. 1 of the Act on Pension Provision for Employees and Their Families
Art. 33 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 24 of the Act on Pension Provision for Employees and Their Families
art. 3 § 2 k.p.c

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