Legislator Case Law & Legislation
II URN 52/95 AI generated

Supreme Court dismisses disability pension claim due to missing five-year employment period within the last decade before disability onset.

Case Number II URN 52/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed Stefan L.'s appeal against the Social Insurance Institution's refusal of a disability pension. The applicant argued for a five-year employment period within the last ten years, but the court found the disability arose on June 26, 1992, rendering the required employment window invalid. Consequently, the court set aside the lower court's ruling and rejected the pension claim as it failed to meet statutory prerequisites.

Legislator headnote

AI generated

Art. 33 ust. 1 pkt 1; ust. 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 32 pkt 3 cyt. ustawy o z.e.p.: The five-year employment period required for a disability pension must fall within the last decade preceding the date of disability onset, and the disability must occur during or within 18 months of that employment period.

Keywords

AI generated
disability pension eligibility five-year employment period last decade calculation disability onset date Social Insurance Institution Supreme Court review statutory prerequisites

Cited Legislation

AI generated
Art. 33 ust. 1 pkt 1; ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 32 pkt 3 of the Act on Pension Provision for Employees and Their Families
Art. 422 § 1 of the Code of Civil Procedure
Art. 421 § 2 of the Code of Civil Procedure
Art. 372 of the Code of Civil Procedure
Art. 168 § 1 zd. 2 of the Code of Civil Procedure
art. 419 § 3 k.p.c
art. 422 § 1 k.p.c
art. 421 § 2 k.p.c
art. 372 k.p.c

Cited Case Law

AI generated
III CZP 4/87

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