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II URN 2/95 AI generated

Supreme Court dismissed invalidity pension appeal, ruling non-contributory periods count only up to one-third of contributory periods.

Case Number II URN 2/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary revision against a lower court's denial of an invalidity pension to Czesława S. The applicant argued she met the five-year contribution requirement by including non-contributory periods, while the Ministry of Justice contended the lower court erred in law regarding Article 32 and 33 of the Pension Law. The court held that non-contributory periods can only offset contributory periods up to one-third of the total, meaning the applicant's total qualifying time fell short of the statutory five-year threshold.

Legislator headnote

AI generated

Art. 6 ust. 2 ustawy o rewaloryzacji emerytur i rent; Art. 32, 33 ustawy o z.e.p.: Non-contributory periods are deductible only up to one-third of the total contributory periods when calculating the required employment duration for invalidity pensions.

Keywords

AI generated
invalidity pension non-contributory periods contribution requirements extraordinary revision pension law interpretation

Cited Legislation

AI generated
Art. 32 of the Law on Pension Provision for Employees and Their Families
Art. 6 ust. 2 of the Law on Revaluation of Pensions and Allowances
Art. 33 ust. 2 of the Law on Pension Provision for Employees and Their Families
Art. 4 ust. 2 of the Law on Revaluation of Pensions and Allowances
Art. 421 k.p.c.
art. 421 k.p.c

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