Legislator Case Law & Legislation
II UKN 58/96 AI generated

Mining pension granted only if underground work was continuous and full-time, not mixed surface/underground.

Case Number II UKN 58/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal regarding his claim for an age-independent mining pension. The applicant argued that his work as a mine signalman, performed mostly underground, qualified as continuous underground mining work. However, the court found that the signalman's duties involved a 30% portion performed above ground, making the work mixed rather than exclusively underground. Consequently, the statutory requirement for continuous and full-time underground work was not met.

Legislator headnote

AI generated

Art. 10 ust. 1 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin; Art. 6 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin: The right to an age-independent mining pension requires proof of continuous and full-time underground work; work performed partly above ground does not qualify for this specific benefit even if it counts for other pension calculations.

Keywords

AI generated
age-independent mining pension continuous underground work requirement mixed surface and underground duties full-time employment standard signalman mining duties

Cited Legislation

AI generated
Art. 10 ust. 1 of the Act on Provision for Pensions of Miners and Their Families
Art. 5 ust. 1 pkt 7 of the Act on Provision for Pensions of Miners and Their Families
Art. 6 of the Act on Provision for Pensions of Miners and Their Families
Art. 233 § 1 of the Code of Civil Procedure

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