Legislator Case Law & Legislation
II UZP 28/95 AI generated

Railway pension base calculation limited to railway employment and equivalent periods only. Railway pension base calculation limited to railway employment and equivalent periods only.

Case Number II UZP 28/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the calculation base for railway pensions, ruling that only earnings from railway employment and equivalent periods are admissible. The applicant argued for inclusion of earnings from a construction project, but the court found the specific statutory provisions for railway workers created a distinct legal regime. Consequently, the court held that the general revaluation rules do not override the specific limitation on income sources for this professional group.

Legislator headnote

AI generated

Art. 9 of the Act on Pension Provision for Railway Workers and Their Families; Art. 7 of the Act on Revaluation of Pensions and Annuities: The specific rules for calculating railway pension bases, limiting income sources to railway employment, are not inconsistent with general revaluation provisions and must be strictly applied.

Keywords

AI generated
railway pension calculation pension base determination equivalent employment periods statutory inconsistency revaluation act application professional group privileges income source limitation

Cited Legislation

AI generated
Art. 9 of the Act on Pension Provision for Railway Workers and Their Families
Art. 7 of the Act on Revaluation of Pensions and Annuities
Art. 45 of the Act on Revaluation of Pensions and Annuities

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text