Legislator Case Law & Legislation
II URN 4/95 AI generated

Supreme Court allows pension increase by applying revaluation rules only to post-grant service periods, rejecting retroactive recalculation of the whole pension.

Case Number II URN 4/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned lower court decisions that rejected a pensioner's request to add service periods occurring after his pension was initially granted. The applicant argued that recalculating his entire pension based on these new periods would unfairly reduce his benefits, while the Social Insurance Institution maintained the lower amount was correct. The Court ruled that transitional provisions in the revaluation law apply only to the specific post-grant periods, not the entire pension, thereby legally mandating an increase in the benefit amount.

Legislator headnote

AI generated

Art. 10-16 of the Act on Revaluation of Pensions and Annuities; The revaluation rules apply exclusively to service periods occurring after the pension grant, not the entire benefit, preventing retroactive recalculation that would reduce the pensioner's established rights.

Keywords

AI generated
pension revaluation transitional provisions post-grant service acquired rights Social Insurance Institution retroactive recalculation equivalence principle

Cited Legislation

AI generated
Art. 10-16 of the Act on Revaluation of Pensions and Annuities
Art. 33 of the Revaluation Act
Art. 2 of the Revaluation Act
Art. 124 of the Act on Pension Provision for Employees
Art. 422 of the Code of Civil Procedure
art. 422 k.p.c

Cited Case Law

AI generated

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