Legislator Case Law & Legislation
II URN 55/95 AI generated

Supreme Court dismisses refund claim when pensioner lacks prior notice of foreign pension offset possibility.

Case Number II URN 55/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the applicant's request to recover overpaid disability pension funds. The applicant had received a higher pension than entitled because the pension office failed to inform him that his foreign employment in Czechoslovakia would reduce the total amount. The court ruled that the statutory requirement for a specific warning about potential future reductions was missing from the initial decision. Consequently, the applicant cannot be held liable for the overpayment as the necessary conditions for recovery were not met.

Legislator headnote

AI generated

Art. 106 ust. 2 pkt 1, 2 ustawy o z.e.p.; Art. 107 ust. 3 ustawy o z.e.p.: Recovery of overpaid pension benefits is permitted only if the beneficiary was explicitly informed in the granting decision that the benefit is provisional and subject to reduction upon recognition of foreign pension rights.

Keywords

AI generated
pension offset overpayment recovery foreign employment procedural notice good faith assumption statutory warning supreme court review

Cited Legislation

AI generated
Art. 106 ust. 2 pkt 1, 2 ustawy o z.e.p.
Art. 107 ust. 3 ustawy o z.e.p.
Art. 421 § 2 k.p.c.
art. 421 § 2 k.p.c

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