Legislator Case Law & Legislation
II URN 52/94 AI generated

Supreme Court allows railway pension claim by equating political work period to railway employment for salary basis.

Case Number II URN 52/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned lower court rulings and the pension authority's decision regarding Tadeusz N.'s railway pension. The applicant argued that his salary from 1985-1987, earned while serving as a voluntary secretary of the PZPR, should be included in the pension calculation base. The court held that 'cessation of employment' under the relevant statute means factual cessation, not termination by the employer, and that political work performed on unpaid leave counts as equivalent railway employment. Consequently, the court ruled that the higher salary earned during this period must be used to calculate the pension base.

Legislator headnote

AI generated

Art. 7 pkt 5 lit. c ustawy o zaopatrzeniu emerytalnym pracowników kolejowych; Art. 9 ust. 1 ustawy emerytalnej kolejowej: The period of political work performed on unpaid leave is equivalent to railway employment, and the salary earned during such work constitutes the basis for calculating the railway pension.

Keywords

AI generated
railway pension calculation political work equivalence unpaid leave employment cessation of employment salary basis determination Supreme Court review pension entitlement

Cited Legislation

AI generated
Art. 7 pkt 5 lit. c of the Act on Pension Provision for Railway Employees and Their Families
Art. 9 ust. 1 of the Railway Pension Act
Art. 30 § 1 of the Labor Code
Art. 74 of the Labor Code
Art. 422 § 1 of the Code of Civil Procedure
art. 30 § 1 k.p
art. 175 § 1 k.p
art. 74 k.p
art. 422 § 1 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text