Supreme Court allows railway pension claim by equating political work period to railway employment for salary basis.
Legislator summary
AI generatedThe 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 generatedArt. 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.