Legislator Case Law & Legislation
II UZP 25/95 AI generated

Supreme Court ruled that the 1990 law change removed the 5-year post-employment age limit for early retirement in hazardous jobs.

Case Number II UZP 25/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a 1990 amendment to social security law removed the requirement for early retirement within five years of leaving employment for workers in hazardous conditions. The Social Insurance Institution denied Maria L.'s claim because she had not reached the statutory age within five years of stopping work, despite having a long tenure in dangerous conditions. The Court held that the legislative change abolished this specific time limit, meaning the regulatory requirement to reach age within five years no longer applies to these workers.

Legislator headnote

AI generated

Art. 26 ust. 9 lit. a ustawy z 24 maja 1990 r. o zmianie niektórych przepisów o zaopatrzeniu emerytalnym; The legislative amendment removing the five-year post-employment age limit for early retirement in hazardous jobs invalidates the corresponding regulatory requirement, granting the right to pension regardless of the time elapsed since employment cessation.

Keywords

AI generated
early retirement age limit hazardous employment conditions social security legislation amendment regulatory interpretation conflict five year employment gap pension eligibility criteria legislative supremacy over regulations

Cited Legislation

AI generated
Art. 26 ust. 9 lit. a of the Act of 24 May 1990 on amending certain provisions on pension provision
Art. 26 of the Act of 14 December 1982 on social security
§ 4 ust. 1 and ust. 2 of the Decree of the Council of Ministers of 7 February 1983 on retirement age and increase of pensions
art. 391 k.p.c

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