Supreme Court allows pension increase by including in-kind compensation value when natural benefits are lost.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed a special revision to increase the applicant's pension by including the value of lost in-kind benefits. The applicant argued that the pension agency failed to account for the value of natural compensation he lost when he ceased receiving it, resulting in an undervalued pension. The court ruled that the loss of the right to in-kind benefits triggers a recalculation under Article 80 of the Pension Act, requiring the inclusion of the former in-kind value in the pension base. Consequently, the case was remanded to the pension agency for a new calculation reflecting this legal requirement.
Legislator headnote
AI generatedArt. 80 ust. 1 ustawy o zaopatrzeniu emerytalnym; Art. 422 § 2 k.p.c.: The loss of the right to in-kind benefits or their equivalent suspends the pension base calculation, necessitating a new determination upon the right's termination to prevent underpayment.