Legislator Case Law & Legislation
II UR 2/95 AI generated

Social Security Court rules pension base amount determined by application date, not employment end date.

Case Number II UR 2/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Social Security Court reversed a lower court decision that had retroactively adjusted a pension using a lower base amount. The applicant argued for the base amount valid at the time of his January 1993 application, while the Social Security Office contended the correct date was the employment termination in October 1992. The court ruled that the base amount must be taken from the application date unless the worker continued employment without receiving benefits, thereby validating the applicant's claim.

Legislator headnote

AI generated

Art. 7 ust. 5 ustawy o rewaloryzacji emerytur i rent; the base amount for calculating a pension or annuity is determined by the date the application for the right to the benefit is submitted, unless the worker continues employment without receiving the benefit.

Keywords

AI generated
pension base amount application date rule social security valuation employment termination date retroactive adjustment Social Security Office benefit entitlement date

Cited Legislation

AI generated
Art. 7 ust. 5 ustawy o rewaloryzacji emerytur i rent
art. 391 § 1 k.p.c
art. 390 § 1 k.p.c

Cited Case Law

AI generated

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