Supreme Court dismisses partial pension claim when retirement age is reached during self-employment period.
Legislator summary
AI generatedThe Supreme Court dismissed the claim for a partial pension by a woman who reached age 60 while conducting business activities. The lower court had granted the pension based on the argument that business periods were equivalent to employment, but the Supreme Court ruled that the statutory requirement for age 60 must be met during actual employment or equivalent periods. The court held that the legislative framework does not allow conditions from the general employee system to substitute for those specific to self-employed individuals.
Legislator headnote
AI generatedArt. 28 ust. 1 pkt 1 ustawy o zaopatrzeniu emerytalnym pracowników; Art. 15 ust. 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą: Reaching the statutory retirement age during a period of self-employment, which is merely creditable towards employment, does not satisfy the condition for granting a partial pension under the employees' insurance scheme.