Legislator Case Law & Legislation
II UKN 61/96 AI generated

Supreme Court dismissed miner's pension claim due to lack of official supervision approval for underground work period.

Case Number II UKN 61/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the petitioner's cassation appeal regarding his eligibility for a mining pension. The petitioner argued that his long-term role as a supervisor in a sulfur mine constituted mining work under the relevant statute, despite lacking the required official approval from the district mining office until 1982. The court ruled that because the law mandates such approval for work to be classified as mining, the period prior to this approval cannot be counted toward the pension requirements.

Legislator headnote

AI generated

Art. 5 ust. 1 pkt 5 ustawy o zaopatrzeniu emerytalnym górników i ich rodzin; art. 87 Prawa górniczego: Work performed underground as a traffic supervisor is classified as mining work only upon obtaining approval from the district mining office; periods prior to such approval are not considered mining work for pension purposes.

Keywords

AI generated
mining pension eligibility underground supervision approval district mining office authorization sulfur mine employment retirement benefit calculation

Cited Legislation

AI generated
Art. 5 ust. 1 pkt 5 of the Act on Provision for Pensioners of Miners and Their Families
Art. 87 of the Mining Law
Art. 393 12 of the Code of Civil Procedure

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