Supreme Court dismissed cassation, ruling mining periods exceeding 45 years count as contributory periods for pension calculation.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Social Insurance Institution against a lower court ruling that increased a miner's pension. The applicant argued that the Social Insurance Institution incorrectly capped mining work periods at 45 years, thereby excluding additional months from the pension calculation. The Court held that the specific statute limiting mining periods to 45 years only restricts the calculation of those specific periods, not the total pension amount, and that excess months must be treated as standard contributory periods under the revaluation act. Consequently, the lower court's decision to include these additional months was upheld, and the appeal was rejected.
Legislator headnote
AI generatedArt. 10a § 1 ust. 2 ustawy o zaopatrzeniu emerytalnym górników; Art. 2 ust. 1 pkt 1 ustawy o rewaloryzacji emerytur i rent: Periods of mining work exceeding the 45-year limit prescribed in the miners' pension act are to be treated as contributory periods under the revaluation act for the purpose of calculating the total pension amount.