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II UZP 6/95 AI generated

Supreme Court denies disability pension to self-employed who became disabled after 18 months of unemployment.

Case Number II UZP 6/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a self-employed individual could claim a disability pension after becoming disabled following an 18-month unemployment period. The applicant argued that the 18-month rule should apply to his case, but the court found that the legislative intent was to exclude self-employed persons from this specific pension category. Consequently, the court ruled that the 18-month condition does not apply to self-employed individuals seeking disability benefits under the relevant social security laws.

Legislator headnote

AI generated

Art. 6 ust. 1, 2, 3 ustawy z dnia 17.X.1991 r. o rewaloryzacji emerytur i rent; The 18-month unemployment rule for disability pension eligibility applies only to employees and does not extend to self-employed persons covered by separate social security statutes.

Keywords

AI generated
disability pension eligibility self-employed social security 18 month unemployment rule social security law interpretation disability group classification legislative intent analysis pension benefit denial

Cited Legislation

AI generated
Art. 6 ust. 1, 2, 3 of the Act of 17 October 1991 on the revaluation of pensions and allowances
Act of 18 December 1976 on social insurance of persons engaged in business and their families
Act of 14 December 1982 on pension provision for employees and their families
art. 391 k.p.c

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