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